New Delhi, 5 April 2023: The Indian journalists Union hails the Supreme Court order quashing the Centre’s telecast ban on news and current affairs channel, MediaOne, saying that its critical views against government policies can’t be termed as anti-establishment as an independent press is necessary for robust democracy. It ordered that the channel would continue its operations as was prior to the ban of telecast.
The apex court pulled up the Union Home Ministry saying “We also hold that national security claims cannot be made out of thin air. There must be material backing such an inference.” In a 134-page judgement it set aside the Kerala High Court order (2 March 2022) which had upheld the Centre's decision to ban the telecast on security grounds, observed “The action of the Ministry of Information and Broadcasting by denying security clearance to a media channel (on 31 January 2022) on the basis of the views which the channel is constitutionally entitled to hold produces a chilling effect on free speech, and in particular on press freedom…Criticism of governmental policy can by no stretch of imagination be brought within the fold of any of the grounds stipulated in Article 19(2) of the Constitution.”.
The court also observed: “An independent press is vital for the robust functioning of a democratic republic. Its role in a democratic society is crucial for it shines a light on the functioning of the state. The press has a duty to speak truth to power, and present citizens with hard facts enabling them to make choices that propel democracy in the right direction.”
In a statement, IJU President and Former Member of Press Council of India Geetartha Pathak and Secretary General and International Federation of Journalists Vice President Sabina Inderjit said that the order is yet another instance of the court coming to the aid of media and safeguarding freedom of speech and expression. It has rightly batted for press freedom which helps citizens to make an informed decision, critical to any democratic society. The leadership said the Modi government must view the order as a warning to desist from its growing tendency to bullying media houses and misusing the law to harass journalists, particularly those critical of its functioning.
