Tuesday, Apr 23, 2024
Advertisement
Premium

Supreme Court flags: TV channels chief medium of hate speech, may lay down guidelines

Why is Govt standing as mute witness, treating it as trivial matter: Bench of Justices Joseph & Roy.

Supreme Court asks government why it was a "mute spectator" to hate speeches on TV debates. (Express Photo)Supreme Court asks government why it was a "mute spectator" to hate speeches on TV debates. (Express Photo)

Expressing its anguish and displeasure over hate speeches via debates on TV channels, the Supreme Court Wednesday called the “visual media” the “chief medium of hate speech” and questioned the government why it is “standing by as a mute witness when all this is happening” and treating it as “a trivial matter”.

Pointing out that “hate speech can be in different forms… sort of ridicule a community” and its spread through the visual media can have a “devastating effect”, the bench of Justices K M Joseph and Hrishikesh Roy, inclined to regulate such debates, asked the Centre to state whether it proposed to come up with any law on the subject.

The bench underlined that “hate drives TRPs, drives profit” and said it will consider laying down some guidelines which will hold the field until the legislature comes up with a law on the matter.

Advertisement

“What… we have in mind, for example, when you conduct an interview, what is important is laying down the methodology. Now the methodology would be: What is the role of the anchor? If the anchor is going to take the lion’s share of the time of the debate, if the question of the anchor is so long, finally the time which is given to the person who is giving the answer is so short. And even in that short period, he is actually run down, he is made into some kind of a rogue,” Justice Joseph said.

“You have to be fair to everyone. So that is what we are interested in saying, apart from the contours of hate speech till it is defined appropriately by the competent legislature,” he said.

Festive offer

The bench was hearing a clutch of petitions on alleged hate speech via some TV shows. The petitioners have sought directions from the court to the Centre to take steps to curb incidents of such speech.

Justice Joseph said the problem will go on “unless there is an institutional mechanism to deal with it”, and “what can be done till the government acts is” to “possibly consider” acting on the lines of the Vishaka case where the top court laid down guidelines to deal with sexual harassment at workplace.

Advertisement

“Let us try and do what we can. We can’t be taking over the powers of the legislature… I think Vishaka is the best model,” he said.

The counsel for the broadcast regulator apprised the bench how it had been acting with regard to the channels, including by levying penalties.

Explained

On lines of Vishaka case

The bench asked the government whether it proposed to come up with a law to regulate hate content in TV programmes. It said until a law is brought, it may consider placing guidelines on the lines of Vishaka (against sexual harassment at workplace).

But Justice Roy said “unless the consequences of infringement come hard on the person who is violating, how will the message go? You have passed 4,000 orders. Has there been any effect of the 4,000 orders that you have passed?”

“Hate drives TRPs, drives profit. So this chicken feed kind of a penalty is flimsy. Their pockets will not even get a little tear there,” he said.

Advertisement

Justice Joseph said, “The most important point is where is our nation headed. If it is hate speech that we are actually feeding on, where is our nation headed?”

Turning to the Centre’s counsel, he asked, “What is your stand? Have you filed a counter-affidavit? What is the stand taken by the Government of India? Why is the Government of India standing by as a mute witness when all this is happening?”

“Political parties will come and go. But the nation will endure. The press is a very important institution. Without an independent and totally free press, no nation can go forward. It’s absolutely important that we have true freedom. The government should actually come forward, not to take an adversarial stand but to assist. To say that you have put in place an institution which will be abided by all. What is the problem? Why should the Government of India have a problem with that?” and asked “why do you take it such a trivial matter”.

The counsel said the government had not treated it as a trivial matter. He pointed out that on the previous occasion, the Supreme Court had asked the government to collate information from the states on compliance of some of the court’s earlier directions and added that only 14 states had responded so far.

Advertisement

The court asked the government to submit a response within two weeks with whatever information it had collected and to “clearly indicate its stand with regard to the recommendations made by the Law Commission of India (in this regard) and whether it is contemplating any legislation in terms of the recommendations”.

Advocate Ashwini Upadhyay, who is one of the petitioners, urged the court to issue notice to the Press Council too in case it wanted to examine hate speech in the media.

Justice Joseph said, “We made the reference to this (visual media) because the chief medium of hate speech is apparently through the visual media. In a paper, somebody writes something, nobody reads… Nobody has the time. But visual media has got a power which has been recognised by this court right from the case relating to censorship. The difference between visual media and print media is so clear — that it has got a devastating effect.”

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

First uploaded on: 21-09-2022 at 19:47 IST
Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement
close