The Supreme Court on Monday said a fine of just ₹1 lakh is hardly a deterrent for television channels which indulge in unethical conduct on air, and the fine should ideally be more than the profits the media outlets make from the entire show.
A Bench headed by Chief Justice of India D.Y. Chandrachud noted that the ₹1 lakh fine was fixed in 2008, and had not been revised since.
The Court issued notice to the National Broadcasters and Digital Association (NBDA), an independent electronic media watchdog, the Centre and other respondents on the question of “strengthening the framework” of regulations.
“We are as much concerned about free speech as the channels are… but you presume guilt of a person in your shows and not innocence of the person until he or she is proven guilty… Media went berserk after that actor’s [Sushant Singh Rajput] death… you virtually pre-empt the entire investigation,” Justice Chandrachud said.
Senior advocate Arvind P. Datar, appearing for NBDA along with advocate Nisha Bhambhani, said he would consult Justice (retired) A.K. Sikri, the current NBDA chairperson, and former NBDA head, Justice (retired) R.V. Raveendran, on how to put “some bite” into its regulations.
“If at the end of all this violation, you [NBDA] are going to impose ₹1 lakh fine, which channel is going to be motivated? Your fine must be more than the profits a channel makes from the entire show. We do not want any censorship over the media, but the fine should be effective... The government does not want to be in this space. You are expected to self-regulate your content. How will a fine of ₹1 lakh deter an errant channel? This amount was fixed 15 years ago, have you not thought of revising it?” the Chief Justice asked NBDA.
Solicitor General Tushar Mehta, for the Centre, said NBDA was only one of the regulatory bodies. Mr. Mehta said the Court had to intervene to lay down comprehensive regulatory guidelines on ethical conduct on air.
Mr. Mehta said that some time ago, with the intervention of the Delhi High Court, press officers were appointed to brief the media daily in order to avoid unnecessary sensationalism.
