A Plea Has Been Filed In Supreme Court Seeking Establishment Of Medial Tribunals

OVERVIEW

• Recently, A plea has been filed in Supreme Court by Film Producer Nilesh Navalakha seeking the establishment of an autonomous, regulatory 'Media Tribunal' to hear and efficiently decide complaints against Media-Productions, generally filed by viewers.

• It is submitted the exercise of power by the Electronic Media without any accountability is severely detrimental to the due process of law, and contrary to the rule of law.

• It has been stated in the plea that it has become necessary to take required actions to balance between the right to freedom of speech and expression for the Media-Productions. Additionally, it will help in the interests of preserving peace and harmony in our country

• It has been pointed out in the plea that over the last few years, hate speech, propaganda news, and paid news, have become the basic thing for India Media, thereby obstructing the right to a fair trial of victims and right to fair and balanced reporting. It is submitted that reckless reportage by the Electronic Media without answerability can, by no stretch of the imagination, be read into the right to freedom of speech and expression enjoyed by the Electronic Media.

WHY DO WE NEED MEDIA TRIBUNAL?

• It has been submitted that the present petition is not to limit the fundamental rights of the Media-Productions, but only to bring about some answerability for misrepresentation, provocative coverage, forged news, breach of privacy, etc. which the Media- Productions has indulged to enhance their TRPs and business, and to bring about consequences for acting in a fashion that is opposing to constitutional goals and morality.

• To exercise the competing right to information of the citizenry under Article 19(1)(a), right to reputation and the right to dignity under Article 21.

• The Petitioner further pointed out that such reporting negates the fundamental rights of the citizenry at large, being Right to Live with Human Dignity, Right to Livelihood, Right to Education, Right to Know, Right to Fair Information and Proportionate Media Reporting, et al, as enshrined under Article 21 of the Constitution, apart from being antithetical to the citizen’s rights guaranteed under Article 19(1)(a).

• He has subsequently asked the Court to fitting rules for guideline of media in exercise of the entire and inborn forces under Article 32 and 142 of the Constitution until an enactment is presented.

• To this end, he has looked for setting up of an autonomous High-Powered Committee, headed by a resigned Chief Justice or Judge of the Supreme Court or High Court and comprising of recognized residents from various fields/callings and concerned partners of the Central Government, to investigate and survey the whole lawful structure identifying with Media-Business guideline and prescribe fitting rules to be set somewhere around the Supreme Court.

• The Petitioner demanded that self-guideline by media can't be the response to the current issue since, under the Indian Constitutional arrangement, it is exclusively the Judiciary which appreciates the advantage of self-guideline.

• "Comparing the Media-Business with the Judiciary, regarding the advantage of "self-guideline" straightforwardly strikes upon the Independence of the Judiciary and clatters and shakes the very establishments of the Indian Constitutional Scheme and the Democracy, and the equivalent conflicts with each thought and group of law and equity winning in India," expresses the request.

• It is further averred that if the above reliefs are granted, the same would not impede the freedom of the press since the same emanates from Article 19(1)(a) of the Constitution and is dependent upon the limitations that are given under Article 19(2) thereof.

QUESTIONS RAISED BY PLEA

The plea raises the following questions of law for consideration by the Top Court:o:p>

1. Whether the news telecasters/electronic media appreciate the liberating opportunity, of a lot more significant level than those delighted in by the residents of the Country and whether such an opportunity must be dependent upon self-guideline?

2. Whether deception/counterfeit news, scorn discourse, publicity, paid news, common, profane, forceful, deprecatory, thrilling, shocking and lopsided detailing, prompting, and so on are covered under the privilege to the opportunity of the press, radiating from Article 19(1)(a)?

3. Whether guideline of the news telecasters/electronic media would add up to abridging the opportunity of press or media if the equivalent is done inside the boundaries determined in Article 19(2)?

4. Whether Article 21 of the Constitution conceives the Right of the Citizens to Free, Fair and Proportionate Media Reporting?

5. Whether there is a requirement for laying rules and setting up of a legal administrative system regarding media houses?

WHAT DO YOU THINK WILL BE THE MOST IMPORTANT REASON TO ESTABLISH A MEDIA TRIBUNAL IN INDIA? MENTION YOUR VIEWS IN THE COMMENTS BELOW!