Duty of press to speak truth to power; critical views can't be termed anti-establishment: Supreme Court in MediaOne verdict

The Supreme Court on Wednesday observed that it is the duty of the press to speak truth to power, and critical views aired by the media cannot be termed 'anti-establishment'..A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli made the observation while setting aside the Central government's refusal to renew the broadcasting license of Malayalam news channel MediaOne..In its verdict, the Court noted that the Intelligence Bureau (IB) had relied on programs and remarks made on the channel on the National Register of Citizens (NRC), the Citizenship Amendment Act (CAA), the Unlawful Activities (Prevention) Act (UAPA) and the judiciary's verdicts to conclude that MediaOne had an anti-establishment stance.The Court stressed on the role of a free and independent press in promoting the responsible functioning of society. It further noted that critical views expressed by the media cannot be classified as anti-establishment, as doing so would imply that the media should support the establishment instead."To conclude that MediaOne has an anti-establishment stand, IB has relied on programs and remarks on NRC, CAA, UAPA and judiciary's verdicts. Independent press is crucial for responsible functioning of the society. Press has the duty to speak truth to power. Critical views of MediaOne cannot be termed anti-establishment and use of this term means that press must support the establishment," the Court said..The denial of clearance for the channel's licence renewal, as per the top court, has a chilling effect on the freedom of individuals and organizations, and cannot be justified under the restrictions outlined in Article 19(2) of the Indian Constitution, the Court made it clear..The channel had moved top court challenging a Kerala High Court Division Bench judgment which had upheld the Central government's revocation of security clearance for the channel's licence.On January 31, 2022, MediaOne channel was taken off air following which it approached the High Court, which decided to defer the operation of the Ministry's order.However, on February 8, single-judge Justice Nagaresh upheld the decision of the I&B Ministry to revoke the Malayalam channel's licence..Thereafter, the single-judge's decision was appealed by Madhyamam Broadcasting, MediaOne Editor Pramod Raman and by the Kerala Union of Working Journalists.A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly then upheld the single-judge's decision, prompting the channel to approach the Supreme Court..[Read Judgment]