Supreme court
Supreme Court

New Delhi:  The Supreme Court has rued the lack of regulatory control on TV news content, saying it wants a “free and balanced press in India”.

Observing that hate speech are a “complete menace”, the top court said nowadays everything is driven by TRP (television rating point) and channels are competing with each other and creating a division in society.

A bench of Justices KM Joseph and BV Nagarathna wondered why can’t a TV news anchor, if they become a part of the problem of propagating hate speech, be taken off air.

The bench which was hearing a batch of petitions seeking a curb on hate speech incidents across the country and action against the culprits said unlike for print media, there is no Press Council of India for news channels, and observed “We want free speech, but at what cost”.

“Hate speech has become a complete menace. It has to stop,” it said.  

Expressing concern over the media trial, the bench pointed to the recent incident of a man allegedly urinating on an Air India flight, saying, “He was called names. Media people should understand he is still under trial and he should not be denigrated. Everyone has dignity.”

Justice Joseph said TV channels are competing with each other as news coverage is TRP-driven.

“They sensationalize everything and create divisions in society because of the visual element. Unlike the newspaper, the visual medium can influence you much more and unfortunately, the audience is not mature enough to see these kind of content,” he said.

He said many a time during live debates the anchors became part of the problem as they either mute the voice of the person sitting in a panel or don’t allow them to present a counter view.

Justice Nagarathna said if TV channels are found to be violating the programme code by indulging in propagation of hate speech, action can be taken against their management.

“We want free and balanced press in India,” she said.

The counsel representing the News Broadcasters Association claimed that thousands of complaints have been received in the past year and action taken against the channels.

“In a live programme, the key to fairness of the programme is held by the anchor. If the anchor is not fair, he would not allow the counter view to come by either muting the speaker or by not asking the question to the other side. This is an insignia of bias. “How many times action has been taken against the anchor? Media people must learn that they are occupying positions of great strength and they have an impact on society. They cannot be part of the problem and speak their mind whichever way they want,” the bench said.

Justice Joseph said if action is taken against the news anchor or their management, all will fall in line.

The court told Additional Solicitor General KM Nataraj, appearing for the Centre, that freedom of speech and expression is a very important and delicate thing and the government has to take some action without actually interfering with it.

The bench said that the government has to act against broadcasts that impact the nation and affect fraternity and harmony carefully within the domain of law with some out-of-the-box solution.