Supreme Court Lifts Ban on MediaOne Channel, Upholds Freedom of Press
Critical Views Cannot be Termed Anti-Establishment: SC Lifts Ban on MediaOne Channel
05-04-2023 : The Supreme Court has issued a significant judgment on the freedom of the press in India, lifting the ban on the Malayalam news channel MediaOne that was imposed by the Union Government. The Court criticized the Ministry of Home Affairs for raising national security claims without sufficient evidence, stating that the state cannot deny the rights of citizens by merely using the plea of national security.
The judgment was passed on a petition filed by Madhyamam Broadcasting Ltd (MBL) against the Kerala High Court judgment, which upheld the ban on MediaOne. The bench, headed by Chief Justice DY Chandrachud, set aside the High Court order and quashed the Centre’s denial of security clearance to the channel.
The Ministry of Home Affairs had relied on reports of the channel on the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), criticism of the judiciary, and the state to state that it is anti-establishment. However, the Court said that these are not justifiable grounds to refuse the renewal of the channel’s broadcast license. The Court acknowledged the duty of the press to speak truth to power and inform citizens about hard facts. It stated that the critical views of the channel against the government’s policies cannot be considered anti-establishment, and an independent press is necessary for a robust democracy.
The Court emphasized that the involvement of national security concerns does not exempt the state from acting fairly and that it must justify its actions in court. The non-renewal of the license for a channel is a restriction on the right to freedom of speech and can be imposed only on valid grounds under 19(2) of the Indian Constitution.
The Court also noted that the alleged link of the channel’s shareholders to Jamaat-e-Islami Hind is not a legitimate reason to restrict the rights of the channel. This ruling is significant as it reinforces the fundamental right of the freedom of the press and the importance of an independent press in a democratic society. It sets a precedent for future cases where the state may attempt to curb press freedom under the guise of national security concerns.
(With inputs from Live Law and media reports)
