SC lifts Centre’s ban on Malayalam news channel MediaOne

“The critical views of the channel media, one on policies of the government, cannot be termed anti establishment,” the Supreme Court stated while lifting a telecast ban imposed on Malayalam news channel MediaOne by the Union Government.

MediaOne had gone off air on January 31, 2022 after the Ministry of Information and Broadcasting (MIB) removed its name from the list of permitted channels, following the several run-ins that MediaOne had had with the BJP-led government at the Centre. The Kerala High Court had backed the Centre’s decision on the ban imposed on the channel, which the apex court put on hold in a hearing on March 15, 2022.

Live Law reported that the judgment authored by CJI DY Chandrachud emphatically stated that the State cannot deny the rights of the citizens by merely raising the plea of national security. A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli observed, “The mere involvement of issues concerning national security would not preclude the state’s duty to act fairly. If the state discards its duty to act fairly, then it must be justified before the Court and the facts of the case. Firstly, the state must satisfy the court that national security concerns are involved.”

The Kerala the High Court;s order upholding the Centre’s decision solely on the basis of the sealed cover documents submitted by the Ministry of Home Affairs was slammed by the Supreme Court. The bench stated, “The High Court did not disclose the reasons for the denial of security clearance. There is no explanation of what weighed in the mind of the High Court leading it to hold that the denial of clearance was justified despite observing that the nature and gravity of the issue is not discernible from the from the files.”

The bench further pointed out, “An independent press is vital for the robust functioning of a Democratic Republic. Its role in the democratic society is crucial, for it shines a light on the functioning of the State. The press has a duty to speak truth and present citizens with hard facts, enabling them to make choices that prepare democracy in the right direction. The restriction on the freedom of the press compels citizens to think along the same tangent. A homogenised view on issues that range from socioeconomic polity to political ideologies would pose grave dangers to democracy.”