Supreme Court’s reversal of MediaOne TV ban is watershed moment for media protection from state excesses
Posted Date – Friday, 07/04/23 at 12:30pm
Supreme Court’s reversal of MediaOne TV ban is watershed moment for media protection from state excesses
Hyderabad: A strong, free and independent media is the cornerstone of democracy. Despite disagreements over content, those in power must always stop controlling the media narrative. The NDA government has a pathetic record of upholding the freedom not only of media organisations, but of all other independent institutions. Recent action against Kerala-based news channel MediaOne TV exemplifies this hostile and prejudiced attitude. However, the Supreme Court has stepped in and rightly lifted the ban on the channel. In doing so, the Supreme Court emphasized the importance of independent media. It argues that a free press shines a light on the functioning of the state and that any restrictions on the media could create a homogenized view of society and politics. The situation is dangerous for a vibrant democracy, where the media can play a greater role in educating the population, curbing misinformation and holding the powerful to account than in developed countries. The court decision is a watershed moment in protecting the media from government excesses. What is inexplicable is that the central government has invoked national security clauses to revoke media licenses. The current climate in the country is so bad that any criticism of the central government or its policies is considered an anti-state activity, with loopholes in the legal process and regulations being weaponized to prevent people from being convicted of any crime.
No wonder the country dropped eight places to 150 in the 2022 World Press Freedom Index out of 180 countries, compiled by Paris-based Reporters Without Borders (RSF). This is a poor commentary on the state of media freedom in a country that prides itself on being the largest democracy in the world. MediaOne TV was banned for 48 hours about three years ago after the Ministry of Information and Broadcasting objected to its coverage of the 2020 Delhi riots, saying it violated the 1994 rules for cable networks. Last year, the channel was taken off the air after failing to renew its license. When the channel contacted the Kerala High Court, the latter sided with the government after perusing the authorities’ submissions in sealed envelopes, denying the petitioners any chance to know or challenge the reasons for the ban. However, the Supreme Court overturned the High Court’s decision. As a result, the Supreme Court has raised the bar for any attempt to violate the rights to freedom of speech and press. National security cannot be used as a ruse to strip constitutional rights. The invocation of national security is permitted only in rare cases where national sovereignty, security and territorial integrity are threatened. This will ensure protection of the individual’s right to freedom of expression.
