SC continues to wrangle with media restraint Third day sees Editors Guild oppose imposition of regulatory norms

The debate over whether the Supreme Court can frame regulatory guidelines for the reporting of sub judice matters continued into the third day of arguments. The Constitutional Bench heard arguments by Senior Counsel Rajeev Dhavan who was representing the Editors Guild of India. The Editors Guild was clearly against any curbs imposed by the courts, advocating an internal approach towards resolving errors.

The debate over whether the Supreme Court can frame regulatory guidelines for the reporting of sub judice matters continued into the third day of arguments. The Constitutional Bench heard arguments by Senior Counsel Rajeev Dhavan who was representing the Editors Guild of India. The Editors Guild was clearly against any curbs imposed by the courts, advocating an internal approach towards resolving errors.

As reported by the Indian Express Dhavan made it clear that the Guild did not want “self-regulation to be converted into statutory regulation.”

IBN Live also reports that Dhavan made it clear that the “power of postponement” was absent in common law and that “no restriction can be put on the right (of publication), if there is vacuum in law.”

The Guild, which supported the view of self-regulation, said "enactment of law with punitive elements would be worse" and "through guidelines there would be precensorship." It said framing of guidelines for reporting sub-judice matter would raise several other questions as to who would enforce them and how they would enforce them.

However, the News Broadcasters Association represented by Counsel Anoop Bhambani, said that it was not against the framing of guidelines by the Supreme Court. As reported by The Hindu Bhambani told the Court that “Once the guidelines were put in place, self-regulation would become easier and we want the court's blessings.”

The Supreme Court will continue hearing the matter on April 3, 2012.

You can read our previous coverage of the case here.