CJI NV Ramana led bench is hearing a plea by Jamiat Ulama I Hind and the Peace Party seeking direction to stop specific media sections from allegedly spreading fake news while linking the spread of COVID19 with Nizamuddin Markaz event in 2020
#SupremeCourt #nizamuddinmarkaz
SG Tushar Mehta: Please grant me two weeks. we will file something

CJI: The case docket shows you have taken four adjournments to file affidavit Mr Mehta
Justice Surya Kant: there are no affidavits by union of India. We have one by Press council of India and one by News Broadcasters association.

SG: One is by the Secretary of @MIB_India ... one was withdrawn since it was by under secretary. its 20 pages
CJI: Is the regulatory commission appointed? you had said it will be appointed last time

Sr Adv Sanjay Hegde: there are rules regarding this which has come out, the NBA has been made inferior to Ministry of IB and has been made more toothless. grant me 4 weeks to file counter
Adv Nisha Bhambani: we had challenged the intermediary rules 2021 and we got a favorable order from kerala hc

CJI: if you go to youtube you can see how many fake news is there. web portals are not governed by anything
SG: Yes these portals can even put fake news etc...

CJI: so you are saying there are no regulatory mechanism?

SG: We have but it is challenged in several HCs and thus we have filed transfer plea
CJI: There is an attempt to give communal colour to news and that is the problem. it ultimately brings bad name to country

SG: not only communal but also planted stories...
CJI: for press and TV there are regulatory mechanisms

SG: there is a problem, NBA has 50 channels as members and there is another which has 30 channels. one does not govern another. but we have a mechanism under cable tv act
SG Mehta: The real balance which we aim to strike is between freedom of press & right of citizens to get news. There is a separate regime before IT Rules also
Sr Adv Hegde: for web part yes a transfer plea has been filed, tv comes under Minsitry of IB which has cable tv rules. SG Mehta has said it correctly that there are three layers..
CJI: I have not come across any public channel, twitter, facebook or youtube .. they never respond to us and there is no accountability, about the institutions they have written badly and they don't respond and say this is their right.
CJI: this is the condition of institutions forget individuals

SG: This is what is taken care under IT rules

CJI: They only worry about powerful men and not judges, institution or common people. that is what we have seen
SG: Please place the transfer plea before you which deals with IT rules. different High courts are passing different orders. your lordship can have holistic picture as it is an all India issue.
CJI: Counsel for the petitioner seeks time to amend prayer and four weeks granted to amend plea and time granted to file counter. serve a copy to Solicitor General. sg at liberty to file rejoider
CJI: As far as transfer plea is concerned, let the same be listed along with this petition.
Sr Adv Sanjay Hedge mentions how he was "deplatformed" by @Twitter and says " he couldn't even file a writ"

CJI: yes you had to file a civil suit !
SG: There are fresh transfer petitions too.. can they be listed too

CJI: once we pass an order, other matters too will be taken care of
Adv Mrigank Prabhakar mentions his petition which challenges the IT intermediary rules

To be listed after six weeks along with other petitions.

#supremecourt

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