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Bombay High Court to continue hearing PILs filed against Media Trials on account of media coverage, into the issue of the death of actor.

#SushantSinghRajputCase
#SSR

On the last date of hearing, Sr. Adv. Arvind Datar for News Broadcasters Standards Association submitted that the current regime of self-regulation of should not be meddled with as it was working well, albeit with minuscule aberrations.
#BombayHighCourt
#SSRCase

The Court had also asked the Centre as to why guidelines of private bodies such as the News Broadcasters Standards Authority (NBSA) to regulate the content broadcast by TV news channels cannot be ratified and enforced by the Union.
ASG Anil Singh to answer today.

ASG appears and says that if channels are members, the complaints by aggrieved persons are forwarded the NBSA by the Ministry.

ASG tells the Court that the Centre takes action unless it falls under 19(2) of the Constitution i.e. Freedom of Speech.

Court asks ASG how it is enforced, considering the action can be challenged in the courts of law.
“These are Guidelines,” the bench says.

ASG says that 214 channels were taken action against since 2013 by the Ministry for violations under the Programme Code.

ASG tells #bombayhc that The Centre is working on a mechanism which brings all members as well as non-members — under one umbrella for taking action.

It is not that we are not taking action against erring channels and its not like the mechanism is not working, says ASG.

Maybe one or two channels may have not followed the guidelines properly but by and large, all channels have been following it regularly, says ASG

We are that insisting for the Print Media also, there be a Statutory body which is Autonomous, Centre tells #BombayHighCourt

Bench tells Centre: We appreciate your stand we are thinking on a broader public policy — only when damage is caused, the wheels of motion come to action... so we are looking at a preventive mechanism.

Complaint mechanism is invoked and then a long drawn procedure followed to give relief to Aggrieved person, what is the preventive mechanism so that the ‘Lakshman Rekha’ is not crossed the first place, Court asks the Centre

ASG says that the the Code has to be adhered to.

Court says that the NBSA is a voluntary organisation.

We can take action over channels whether members of NBSA or not, responds Centre.

ASG tells the court that the Centre steps in when the action taken is not appropriate & that there are conditions imposed for granting airwaves to the broadcasters.

Court says that air waves, which the broadcasters use, which is a public property.
How are you allowing public property to be used without regulation? They are misusing these guidelines! - Court asks Centre

Senior Advocate Bhatnagar says that the issue arises ultimately between 19(1)(a) and the right to a free trial.
Secondly, as a conjunct to this question, viz. there are systems in place which balance these two aspects.

The safeguards and procedures in place are sufficient to meet the balance, says Bhatnagar

Bhatnagar tells the Court that the News Broadcasters Federation (NBF) is a private association & its own regulatory mechanism headed by a retired Supreme court judge. It has set up a self regulatory body called Professional News Broadcasting Standards Organisation (PNBSO).

Court asks if the functioning of this work has begun.

Bhatnagar says no complaints have been received yet.
Justice (Retd.) Kehar will be the chairperson in this organisation.

Court asks if this is a voluntary position.

Bhatnagar says that these are eminent people & would like to be charged basis honorarium.

Bhatnagar is now reading out the objectives of the scheme for the organisation.

Bench is now discussing the procedure which is to be followed by the PBNSO.

No individual is barred from approaching the Organisation, Bhatnagar tells the court.

Bhatnagar now on the effectiveness of the procedure.

Bhatnagar says that the Press Council functions on Censure.
"Press & media functions essentially on reputation & its independence and a mere censure by an eminent panel is bad enough," he adds.

Print media does not have regulation like the electronic media. Print media regulated viz. the Press & Registration Act, 1867 act which goes back to the British times, who thought that all that was required was registration, Bhatnagar tells #BombayHighCourt

What can violate the Programme Code remains static & the Government has amended it accordingly from time to time, Bhatnagar says.

Programme Code now prohibits that reportage of a terrorist attacks has to be done in accordance with the stipulated protocols, this may not have been relevant up until 1994 but with advent of technology, this was a requisite restriction, Bhatnagar says

Lack of government control on Press - better than excessive government control, Bhatnagar tells the #BombayHighCourt

Government can any way act as it has acted. It has acted with certain circumspection and that it because the Media is very wary of Government's intervention, otherwise Government can intervene as and when required, says Bhatnagar.

Bhatnagar is now taking the bench through judgments to substantiate the dangers of Government control over the press. To do this, he is currently reading Indian Express Newspapers Vs. Union of India, which is a 1985 judgment of the Supreme Court.

"Newspaper being surveyors of news and views having a bearing on public administration very often carry material which would not be palatable to governments and other authorities....."
- Indian Express Newspapers V. UOI

"......The authors of the articles which are published in newspapers have to be critical of the action of government in order to expose its weaknesses. Such articles tend to become an irritant or even a threat to power."
- Indian Express Newspapers V. UOI

Bhatnagar to Court

[Link to judgment here for perusal: https://indiankanoon.org/doc/223504/ ]

If any kind of regulator comes in at behest of the Government, it could result in putting a sledgehammer to Article 19(1) of the Constitution, Bhatnagar tells #BombayHighCourt

Bhatnagar now taking the bench through the landmark case of "Shreya Singhal V. UOI"

'This was a Challenge to section 66A of the IT Act," he says.

[Link of judgment for perusal: https://indiankanoon.org/doc/110813550/ ]

"66A of the IT Act reads:
Punishment for sending offensive messages through communication service, etc."

Bhatnagar reads the paragraph on "Chilling Effect And Overbreadth" in the Shreya Singhal Judgment.

Less government interference, the better - as far as Article 19(1)(a) is concerned, says Bhatnagar.

Persons who are likely to be attacked by the media, perhaps more viciously - are government officials and if limits crossed, enough safeguards to deal with it, says Bhatnagar.

Bhatnagar is reading averments in the PIL, filed on account of unfair media trial and prejudice caused by sensational reporting due to which the name of Mumbai Police was tarnished according to the petitioner.

Read Coverage on PIL Here: https://www.livelaw.in/top-stories/sushant-singh-rhea-case-former-ips-officers-move-bombay-hc-against-malicious-campaign-against-mumbai-police-seek-guidelines-on-crime-reporting-162326

Bhatnagar now concludes.

Court: According to guidelines, if complaint is received, it will be sent to the Body. According to you, no complaint received till date?

Bhatnagar: No, as on date. Will seek instructions on this.

Court now asks Bhatnagar as to why the Body does not have suo motu powers.

Bhatnagar replies: I don't see any difficulty in that and we should have suo motu cognisance powers available to us (NBF).

Advocate Trivedi now appears for Republic TV. She says that she seeks to make submissions.

Court tells her, "We have not curbed your freedom of speech madam!"

Trivedi says that she would like to clarify under what circumstances did Republic TV left the NBA.

Counsel for Times Now and Republic TV seek to make submissions.

In the present unfortunate death of Sushant Singh & Disha Salian lie at the core of this matter. Republic TV has embarked on this journey of Investigative journalism, Counsel for @republic tells the #bombayhc

#SushantSinghRajputDeathCase
#DishaSalian
#SSRCase
#RepublicTV

Journalist has right to bring public opinion on the forefront and criticise the Govt. Not necessary that everyone will appreciate what is being projected by news channels however if a news makes a certain section uncomfortable is the essence of a democracy, Republic TV's Counsel

Barrage of petitions filed and the term which has been coined is happening because a certain section is pained by it and not the public in general. For two months, FIRs were not registered in the matter, Republic TV's counsel tells #Bombayhighcourt

Some allegations were made as to when Republic TV left the NBSA.
There was no financial penalty at all on us. A lady reporter of ours was heckled during a rally of Jignesh Mevani by one, Mr. Apurva Singh, Trivedi for Republic TV tells Bombay High Court

When this complaint was sent to the NBSA, the NBSA asked Republic TV to air an apology at 9 PM, says Trivedi while elaborating on why The channel left the NBSA.

A prominent journalist resigned India TV and left Republic Bharat during this time and once this happened, they went to court against the journalist, says Trivedi

India TV held powerful position at NBSA. They (NBSA) asked us to come for a meeting and told us that if we did not attend this meeting, the channel's licence would get cancelled, Republic TV's Counsel to #bombayhighcourt

NBSA wanted Republic to air an apology even though chargesheet was filed by the Police. During this time, We had asked a panelist to chant "Bharat Mata Ki Jai" and there some action against us to that effect, Republic TV's Counsel tells #bombayhc

Country cannot function without two of its pillars it trusts the most, Republic TV tells Bombay HC

"Certain cases I want to point out. 1 case cannot make the law, want to point out what happened in other cases that shook the country. In the sheena bora case, it was specifically the efforts of Republic which were important & even in the Sunanda Pushkar case," Republic TV says

Republic TV is apprising the court of how the investigative journalism has unearthed revelation which have led to justice in cases that shook the country, Republic TV tells Court

When facts unearthed which are being earthed from public eye, investigative journalism comes in, Republic TV tells #BombayHighCourt

Court asks Republic TV Counsel: When a case is under investigation and the issue is whether its a homicide or a suicide and a channel is saying it is murder, is that investigative journalism?

#RepublicTV
#SushantSinghRajputDeathCase
#SSRCase

Supreme court accepted there was something amiss which is why it directed CBI to come into the picture, Republic TV Tells Bombay HC

#RepublicTV
#SushantSinghRajputDeathCase
#SSRCase

Court says that the investigative powers are given to the Police under the CRPC.

People were curious about the mysterious death of a public figure and the death of another lady prior to his death, Republic TV Tells #BombayHighCourt

#SushantSinghRajput
#DishaSalian
#SSRCase

Don't ever be of the opinion that we are singling you out, Court tells Republic TV.

#RepublicTV

Court is referring to a hashtag created on Social Media -- #ArrestRheaNow.

These are hashtags created for public opinion, Republic TV responds.

Is this part of investigative journalism? Asking public about their opinion on who should be arrested, #BombayHighCourt to #RepublicTV

I am only saying that there is a reason why these are there and I am trying to say that a person who is aggrieved and has a locus can approach the agency and get relief, Republic TV's Counsel A. Trivedi tells #BombayHighCourt.

Court: These hashtags are about settling personal scores.

Republic TV says that no one is infallible and that the social media posts were public opinion.

#RepublicTV
#SushantSinghRajputDeathCase

Court referring to a social media post:
This post is not in very good taste, it is in vernacular. Your reporter is trying to say that he was present on the crime scene!

#RepublicTV says that photos had leaked and the nation was shaken at the time of incident.

I was showing pages on my counter to show the material facts that we had put out. We have put all lists of material facts and us along with other channels had done that, Republic TV says.

Your contention is this was Investigative Journalism and not sensationalism? Bench asks

We were putting out facts as they were and wherever we went wrong, we are looking into them as per checks and balances within, Republic TV tells Bombay HC

#RepublicTV
#SushantSinghRajput

Courts says that there are certain Suicide Reporting guidelines. "Don't you have semblance for death of the deceased? It is so unfortunate," Bench says.

#SushantSinghRajputDeathCase

"Every time you are saying Investigative journalism, investigative journalism......" - Court tells #RepublicTV

Lacunae in the #SushantSinghRajput case. It spiralled when it was announced that it was a suicide case, Republic TV tells #BombayHighCourt

Victims family also very very keen on justice and it had come to the forefront, Republic TV tells #BombayHighCourt

#SushantSinghRajputDeathCase
#RepublicTV

Bench says that it will re-assemble at 3 PM to hear the case further.

Bench assembles.

Republic TV continues to make submissions.

#SushantSingRajputDeathCase
#SSRCase

@republic @Republic_Bharat

Trivedi for Republic says that the Tweet which the court was referring to earlier was related to the post-mortem report of #SushantSinghRajput and nothing else.

#SushantSingRajputDeathCase
#SSRCase

@republic @Republic_Bharat

Each story which was put out by us was carefully examined by Republic.
Many aspects unearthed by us in various cases. The state cannot decide which story can go and which story cannot go. In the #Palghar case, everything was quiet till Republic brought it to fore, Republic says

Every story and every tweet cannot be decided by the State or police. I was giving the entire background of how the court must see how Republic has worked towards unearthing aspects in many cases, Republic TV Tells Bombay HC

@republic @Republic_Bharat

Transparency of facts prime, Republic says

Transparency at the cost of violating the statutes? Court asks

#SSRCase
#SushantSingRajputDeathCase
#RepublicTV
@republic @Republic_Bharat

In rights of the victim (rhea chakraborty), the right of sushant's family have to be balanced, says Republic TV

#RheaChakraborty
#SSRCase
#SushantSingRajputDeathCase
#RepublicTV
@republic @Republic_Bharat

Even Supreme Court says that Government officials have to thick-skinned, Republic TV says

#RheaChakraborty
#SSRCase
#SushantSingRajputDeathCase
#RepublicTV
@republic @Republic_Bharat

We are not for a moment suggesting that the media's throat should be throttled. We are only on the short point as to whether the Programme Code is violated or not & whether your reporting contravenes any of the laid down norms or not, Bombay HC tells #RepublicTV

What is the maximum penalty imposed?- Court inquires.

NBSA intervenes and says that several fines of 1 lac levied but the public apology which is put out by channels causes more botheration to the channels and this is effective.

If this was effective, we would not be in this situation today, Bombay HC tells NBSA.

You posted story only basis post mortem? If you are so interested in unearthing the truth, you should have looked at the CRPC! Ignorance of law is no excuse. You become the investigators and prosecutors, judges. What is use of us then? Why are we here?
#BombayHC to #RepublicTV

Did not draw any conclusions. Only trying to beseech my lords to understand why this case was not so straightforward and only because of efforts of media it led to investigations, Republic TV Tells #BombayHighCourt

#SushantSingRajputDeathCase
#SSRKillersRoamingFree

My lords has to see what the media has done and whatever we had done has to be seen in context of the case. Today some police officers are saying that their reputation is being tarnished. When defects in investigation persist, public has right to know, #RepublicTV tells Court.

Court asks: Who is to look into the defects of investigation? Is it your role to point out defects?

Can court today say that the media should not come out with the truth? Please see what role the media has been playing, RepublicTV to #BombayHighCourt
@republic @Republic_Bharat

We are only saying you must know your boundaries and within your boundaries, you are allowed to do everything. Do not Cross-Over, #BombayHighCourt tells @republic

#SushantSinghRajput
#SushantSingRajputDeathCase
#RepublicTV

Republic TV concludes arguments.

Court: "Thank you very much...."

Trivedi for Republic thanks the bench for a patient hearing.

@republic
#SushantSinghRajput
#SushantSingRajputDeathCase
#RepublicTV

Advocate Kunal Tandon now appears for @TimesNow.

My endeavour would be to give a background.
3 issues arise in this matter.

#SushantSinghRajput
#SushantSingRajputDeathCase
#TimesNow

Tandon for #timesnow:
I will be going over Safeguards available and the mechanism available.
Powers in case of contempt for pre-publication and in case of defamation.
#SushantSinghRajput
#SushantSingRajputDeathCase

Constitutional safeguards & statutory mechanisms present.
Tandon is taking the bench through the acts and laws which came into effect.
"In 1997, TRAI Act enacted.
A separate authority enacted which was separate."

Tandon now on self-regulation mechanisms that exist for media.
"The self-regulation mechanism's foundation comes from the Advertising Standards' council of India (ASCI)."

#SushantSingRajputDeathCase
#MediaWatch
#BombayHighCourt
#SSRDeathCase

ASCI came to be recognised by the Central Government in the Cable TV Networks Act in Rule 7(9), Tandon for #timesnow tells Bombay HC while building his skeletal arguments.

#SushantSingRajputDeathCase
#MediaWatch
#BombayHighCourt
#SSRDeathCase

The self-regulation as a mechanism has been accepted statutorily under the rules framed under the act and the system has been continuing since 1985.
Similar to NBSA, there is IBF which looks after the non-news channels, Tandon says.
#SushantSingRajputDeathCase
#BombayHighCourt

ASCI has been giving a statutory recognition and the NBSA has also written to the Centre for getting statutory recognition, Tandon adds.

Cable TV Networks Act nothing but Alter Ego of Press Council, Tandon for #timesnow says.

#SushantSingRajputDeathCase
#SSR

In Sahara case, the argument which is noted is that 19(1)(a) curtailed by 19(2). The principle which was enunciated was that there can be a pre-publication injunction if there is an exceptional circumstance and there is clear danger, Times Now Counsel tells #BombayHighCourt

Tandon refers to Sahara India Real Estate Vs. SEBI.

[Link to judgment for perusal: https://indiankanoon.org/doc/158887669/ ]

Similar issues arose In the Delhi Riots cases wherein the issue had arisen that the police had given a note to the Media for reportage and the court had given a direction to take back what was reported to the media, Tandon for #TimesNow says.

The direction that came in the Delhi HC that the police should not go to the press and talk about pending cases, the court thought it best that the police not report anything to the media as a neutralising device for the pending investigation, Tandon for @TimesNow in #BombayHC

For purposes of defamation it is important to see is that the defence is certain to fail.
Public figures have to be a bit more thick-skinned than a private person.
- Tandon for Timesnow tells Court

In @ShashiTharoor's case, Justice Manhmohan of Delhi HC had said that curtailing media would lead to violation of 19(1)(a).
- Tandon for TimesNow tells BombayHC

Ultimately there has to be a Lakshman Rekha with certain issues to it - there may be popular views, there may be unpopular views.
- Tandon for #TimesNow tells #BombayHighCourt

Reminded of an example - A priest goes to a village for a seminar and afterwards asks organisers what all there in village who tell him about various amenities including nightclubs. He says "Oh you have nighclubs?"
Next day, the media says "Do you have a Night Club"?
- Tandon

A news report has to be read in whole and a liberal man will look at it wholly, Tandon for @TimesNow concludes his arguments

Advocate for ABP News:
4 complaints, 2 of which were withdrawn after explanation.
In 2 of the complaints - warnings were issued.

#SushantSingRajputDeathCase
#SushantSinghRajput
#SSR

NBSA says that these complaints against ABP news were wrt #SushantSingRajputDeathCase wherein once a relative gave an interview at their own will and 2ndly when ABP news showed @itsSSR's dead body with a white sheet in long shot.
@ABPNews

Advocate Rajeev Pandey appears for Indian Today and Aaj Tak.
"There is nothing alleged against India Today & Aaj Tak in the present petition," he says.
@IndiaToday @aajtak