The Delhi High Court on Thursday directed the Union Ministry of Information and Broadcasting (MIB) to file a status report on action taken against media channels that are not members of the News Broadcasting Standards Association (NBSA) for violations of the Cable Television Networks (Regulation) Act on the complaint moved by actor Rakul Preet (Rakul Preet vs UOI).
Rakul Preet had moved the High Court to restrain media from publishing and broadcasting unsubstantiated news about her in relation to a drugs case being probed by the Narcotics Control Bureau (NCB) until it completed the investigation and filed an appropriate report/document before the competent court.
Justice Prathiba M Singh today took on record two status reports filed by the NBSA and the MIB on action already taken. The NBSA informed the Court that it has examined Rakul Preet's complaint and issued orders against various member-channels, the copies of which were placed on record.
The MIB's status report also showed that necessary action has been initiated by the Ministry and that a further request for information has been sent, the Court recorded. Further, it was noted that the MIB has issued advisories to all private channels to adhere to the programme code under the Cable TV Networks Act.
Appearing for Preet, advocate Aman Hingorani submitted that the MIB ought to take action against non-NBSA members under the Cable Television Networks Act. He informed the Court that some of the links to objectionable material which was broadcast, have been taken down by certain media channels upon their being found guilty by the NBSA.
He said that the petitioner would no longer be able to access such material to provide information on the same to the MIB. Therefore, he urged that the MIB take such information directly from the channels.
Hingorani also argued that proper action is yet to be taken against several erring channels, pointing out that in some cases they were let off with only a warning. Zee TV has not aired an apology till date, he submitted.
In its order passed on December 9, the NBSA headed by Justice AK Sikri (Retd) had concluded that Zee News, Zee 24 Taas & Zee Hindustan broadcast offensive content and directed them to issue an apology. Certain other channels like ABP News, Times Now and Aaj Tak were also asked to take down offensive material.
Appearing for the MIB, advocate Ajay Digpaul submitted that action has already been initiated by the Ministry against erring channels. He added that more information is required to take further action. On the other hand, he remarked that the petitioner appeared to want blank orders which the MIB cannot issue.
The Court responded that it is not going into the validity of the action. However, it asked the MIB to take action against non-members of the NBSA under the Cable TV Networks Act.
The Court directed that if the petitioner has details of the channel links, the same may be provided to MIB for appropriate action, if not provided already. However, in respect of content that has already been taken down by the channel, the Court asked the MIB to obtain the same directly from the channels.
The Court proceeded to order the MIB to file a further status report after necessary action is taken against erring channels under the Cable Television Networks Act in 6 weeks time. In this regard, the MIB is expected to consider information given by Preet on September 23, September 30 and December 30, 2020.
The matter has been listed for further hearing on May 20.
Advocate Rahul Bhatia appeared for the NBSA. Advocate Shreya Sinha appeared for the Press Council of India (PCI) to urge that the body be deleted from the array of parties since it only governs print media. Upon advocate Hingorani opposing the PCI's request, the Court today did not pass any orders on the plea.
Hingorani opposed the plea for deletion on grounds that the PCI itself has issued advisories to media outlets on ethical standards of journalism.
In its order passed on December 9, the NBSA headed by Justice AK Sikri (Retd) had concluded that Zee News, Zee 24 Taas & Zee Hindustan broadcasted offensive content and directed them to issue an apology. Certain other channels like ABP News, Times Now and Aaj Tak were also asked to take down offensive material.