Thread by @barandbench

Supreme Court bench led by CJI SA Bobde is hearing a plea by Jamiat Ulema I Hind against the communal reporting on the #NizamuddinMarkaz event which was touted to be the focal point of #COVID19 spread
#SupremeCourt

CJI: Regarding Cable TV network, you are exercising power to broadcast such content. Its not a happy content

Solicitor-General: I will inform the government about this

Senior Advocate Sanjay Hegde: In the affidavit filed by the Centre, bodies which look into such content regulation has been laid out. Govt can look into it and perhaps establish an independent body

SG: there are self regulatory bodies. Like broadcaster associations. NBSA also has their own system..

CJI: There are programs which instigated or impacts a community. But as a government you do nothing. Yersterday you cut off internet for the farmers protest. Focus is not farmers but on what am I to say.

CJI: You cut internet but I don't know what happened on cable TV Yersterday. Fair and truthful reporting is no problem but doing it to agitate others is a problem.. you are preventing instigation.

CJI: control over some news is as important as some preventive measure and check law and order situation. I don't know why you are blind to this. I don't mean anything offensive but you are doing nothing about it.

Adv Nisha Bhambani for states that it has a commission headed by retired Supreme Court judge Justice AK Sikri : Our orders do have a deterrent effect.

CJI: asking for apology is good but what effect will it have ?

SG: yes it comes too late

CJI: that is why governments power to control some news becomes very important

NBSA: when amendments were made and broadcaster definition was brought in the program code was made applicable to them. First order in this case was by the Rajasthan HC

CJI: You first come to the Cable TV network

Solicitor-General: zee etc are broadcasters defined under Section 2(a)(ii).

CJI: show us the power to regulate Cable Television networks

Bhambani: Section 5 of Cable TV regulation act deals with this... no transmission is allowed of programs which violate the program code

CJI: what is the cable service here ?

Solicitor-General: Its a medium to transmit

CJI: it only deals with cable service and not direct transmission like Doordarshan. We are talking of the main broadcast. We are not talking of broadcast when it entered cable service

CJI: undoubtedly its possible to extend the term person to broadcaster though we don't know what will happen to the rules of interpretation. Without cable service they can transmit or not ?

CJI: This section 5 of program code does not prohibit transmission and retransmission through other means of cable service

Senior Adv Sanjay Hegde: i am speaking of pre 1990 era, I am little older than the Solicitor-General. There are powers in the act to control but its not excercised for some reason

CJI: we are tired of this case again and again. It has to end

Solicitor-General: Now we're are in the era of OTT. there was DTH, cable service etc too. We can lay down all the system before you.

Solicitor-General: We have already filed a reply in a case on what hold we have over content. But what we cannot have control over live shows or debates. Free broadcast censorship is not permissible too. We have taken actions by preventing channels to stop airing for a week etc

CJI: people can say anything. We are on broadcast which can instigate and cause riots. There is loss of life. People say anything these days. There are situations which can destroy property, life etc.

SG: many times it is unfortunate but deliberate.

Solicitor-General: Kindly see section 20 (12)... it deals with prohibition of broadcast in public interest by Central government.

Solicitor-General: If i understand you correctly you mean that Section 19 should also include broadcasters.

CJI: please understand what the other counsel is saying.. he is showing the prohibition of content section which can be consistent with Cable TV network also

CJI: you have somehow carried out an amendment but not giving full effect to it

Solicitor-General: there can be more than one channel under one broadcaster. Like star world, star sports etc..

CJI: you don't say prohibit a broadcaster but you say Centre can prohibits a Cable TV network

Matter adjourned to after 3 weeks.
CJI asks all affidavits to be filed.