Media Trials case: Work ongoing to build a better mechanism while ensuring freedoms, Centre informs Bombay High Court

In the media trials case filed in the wake of the reportage on Sushant Singh Rajput's death, the Central government today informed the Bombay High Court that it is taking all measures to come up with a robust mechanism for electronic media that will also safeguard the freedom of speech..This submission was made by Additional Solicitor General Anil Singh before a Bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni..Highlighting the efforts being made by the Union Ministry of Information and Broadcasting to this end, ASG Singh said,."We are taking the present circumstances seriously and working on how to regulate non-members under the News Broadcasters Association (NBA), to bring effective mechanisms against them and other members. We do not support media trials and there has to be a mechanism in place to ensure that nobody’s reputation is tarnished."ASG Anil Singh.The ASG today made three-fold submissions in reply to the arguments of the petitioners..In reply to the prayer of the petitioners seeking guidelines on preventing media trials, it was submitted that making law was the domain of the legislature..ASG Singh relied upon the Supreme Court judgments in In re: Destruction of Public and Pvt. Property and the Sahara case to argue that the courts had time and again held that there ought to be minimum interference of the government in the functioning of the media to safeguard their freedom of speech..The Court retorted that they are aware of their duty, noting,."All we are saying there is no mechanism to control the electronic media. …Why is media exempt from such scrutiny? Why should citizens come to court every time? It is not good for the media as well."Bombay High Court.The ASG referred to affidavits filed by the Union to show the mechanism in place to address grievances raised, and how such grievances were resolved by the NBA and at the ministerial level..At this point, the Court asked the Union to clarify whether there was any mechanism “to keep a check on the media channels if they are following the law, before the so-called damage is caused?” It further pointed out,."For every public or private officer, there is a code of conduct. People are taken to task for misbehaving. You do not seem to be in the mood to ruffle feathers of the electronic media."Bombay High Court.The Court observed that all mechanisms mentioned by the ASG showed that only the Ministry can take action against a national satellite TV channel. It also voiced concern as to whether the committees mentioned by the ASG were even functional at all..The ASG replied that it was because of precedents of the Court that the government was not interfering..The Court then asked how the Ministry will act if the self-regulation mechanism of media channel fails (like in the present case). ASG Singh replied,"We expected media to show restraint, but seeing that they have not, we are taking into consideration these new developments and we will come up with something in a responsible manner. The Government will enjoy have a stringent control over the media.".The Court suggested that the Union make an enforceable code of conduct which will balance the “right to speech, the right to fair trial and the right to protect one’s reputation.”.The final submission was in response to a prayer in the petition seeking reinterpretation of the Section 3(2) of the Contempt of Courts Act to cover publications obstructing the administration of justice in pending cases..Media Trial in SSR case: Bombay HC notice in PIL to re-interpret Contempt law to cover publications made from stage of FIR in pending cases.The ASG replied that this prayer sought without making a challenge to the validity of the Section. Hence, that prayer could not be considered, he said..After the ASG concluded his arguments, Senior Advocate Arvind Datar began his arguments for the NBA. Due to paucity of time, the Court asked him to continue with his submissions in the next hearing..The matter will be taken up on Monday, October 19, when Datar will continue with his submissions..In the previous hearings, the petitioners had sought for framing of guidelines to be followed by media channels when they report or comment on criminal matters which were either sub-judice or under investigation..[SSR case] What happens to arrest hashtags when report comes that it's suicide, not homicide? Chinoy argues against Media Trial in Bombay HC.It was further pointed out to the Court that the Central government was abdicating its duty by forwarding complaints against the electronic media to a private organisation..[Media Trial in SSR Case] Govt abdicated duty in merely forwarding complaints to private, self-appointed orgs: Devadatt Kamat to Bom HC