Tag: Supreme Court

  • NBF welcomes Supreme Court reprieve to Arnab Goswami

    NBF welcomes Supreme Court reprieve to Arnab Goswami

    MUMBAI: The News Broadcasters Federation (NBF) has welcomed the decision of the Supreme Court to protect NBF president and Republic Media Network’s editor-in-chief and founder Arnab Goswami from arrest.

    “It is a clear indication that truth will prevail and the faith in the judiciary is something we as a body always take pride in. There was an attempt to intimidate Arnab Goswami by filing more than 100 FIRs which hasn’t deterred him from performing his duty to his best of knowledge and the show will continue to raise issues which concern the common man and affect his livelihood,” NBF stated in its release.

    "NBF is also pleased with the order that refused to place restraint or restrictions on the media, thus upholding the freedom of expression and press freedom," said, NBF secretary general R Jai Krishna.

    "We wholeheartedly welcome the Supreme Court's verdict granting three weeks of interim protection and no coercive action against Arnab Goswami. The apex court ruling is a body blow to the Congress party's attempt at muzzling the freedom of the press in general and Republic TV in particular" said Riniki B. Sharma, chairperson and managing director, Pride East Entertainments

     “It’s a great relief to see the country’s highest judiciary giving Arnab protection from arrest and it’s a welcome decision” said Fourth Dimension Media CEO Shankar B.

    "This is a big victory for the media and the judiciary has once again saved the media from being intimidated from the politicians or governments. We stand by Arnab and believe he will come out stronger after this." said Sanjive Narain, founder, Prag News (Assam).

    "Any form of physical attack, abuse or instigation for violence against a journalist should be condemned. Journalists are duty-bound to report on facts without fear. The freedom of the fourth estate is the basic tenet of any democratic society. Goswami’s attackers should be prosecuted as per the law and the authorities should ensure that the goons do not get away." said iTV Network founder Kartikeya Sharma.

  • SC breather for NDTV in tax assessment case; I-T dept issues fresh notice

    SC breather for NDTV in tax assessment case; I-T dept issues fresh notice

    MUMBAI: The Supreme Court may have ruled in favour of New Delhi Television in tax assessment case; however, the government has sent a fresh notice to the media company in the same regard.

    On Friday, the apex court quashed the notice of Income Tax Department seeking to re-assess the income of NDTV during a financial year 2007-2008. The media company is accused of round-tripping over Rs 400 crore unaccounted money through its UK-based subsidiary for its non-news business.

    Radhika and Prannoy Roy-promoted company hailing the court’s verdict said: “The Supreme Court has today ruled in favour of NDTV in a tax case which baselessly accused the company of money-laundering while raising funds abroad in 2007 for its non-news businesses.”

    In March 2015, the I-T department sought re-assessment of the media company alleging that it has concealed facts and laundered money, which the court refused to allow to do the same.

    As the case is related to foreign assets, the court may have refused the tax department’s reassessment request but has allowed it to issue a new notice by invoking the limitation of 16-year period.

    According to the media report, the revenue department believes the apex court has not given a breather to the media company; rather it has upheld the government’s view by giving it the freedom to assess the same through another provision relating to foreign assets.

    Reassessment of a case means re-opening of an assessment which was already done earlier on fulfilment of certain conditions. Under this, the overall income of the company is rechecked by including the source of income, which it has escaped earlier.

    The NDTV case pertains to over Rs 400 crore introduced in 2008-09 assessment year in the books of a UK-based subsidiary of the media company. The tax department is in the belief that this amount is nothing but the company’s own income, which they failed to disclose it during the assessment.

  • Can’t gag media to fight pandemic: Editors Guild of India

    Can’t gag media to fight pandemic: Editors Guild of India

    MUMBAI: The Editors Guild of India in a letter has expressed its reservations against the government for holding the media responsible in the supreme court for creating panic in the country amid coronavirus pandemic.

    “No democracy anywhere in the world is fighting the pandemic by gagging its media,” says an official statement of The Editors Guild of India (EGI). “Blaming the media at this point can only undermine the current work being done by it under trying circumstances.”

    The print media association has also said that such charges against media will obstruct the process of dissemination of news during an unprecedented crisis in the country.

    The apex court on Tuesday asked all media houses to refer and publish the official version of coronavirus developments rather than creating a panic-like situation in the country. The government also came up with an official portal within 24 hours to disseminate corona-related news and developments.

    While dictating an order to the media, a bench led by chief justice of India SA Bobde had said: “We do not intend to interfere with the free discussion about the pandemic, but direct the media refer to and publish the official version about the developments.”

    According to the EGI, the government’s statement in the supreme court that media causing panic among migrant workers leading to their mass movement is ‘gratuitous and unnecessary’. It says, “Blaming the media for mass migration of workers will be counterproductive. And, such actions would be tantamount to disabling the messenger.”

    The statement signed by general secretary AK Bhattacharya said, “The guild’s attention has also been drawn to the lodging of a first information report against the editor-in-chief of the website The Wire. Police action in the form of an FIR is an overreaction and act of intimidation.”

    The order came on a submission by the government blaming fake news for the migrant exodus and seeking a court direction to deal with the menace.

  • NBSA advises news channels to use social media content after thorough verification

    NBSA advises news channels to use social media content after thorough verification

    MUMBAI: The News Broadcasting Standards Authority (NBSA) has advised member broadcasters of the News Broadcasters Association (NBA) to verify any content used from social media platforms in their news programmes at the highest editorial levels before being telecast in the wake of the recent supreme court order regarding news related to Covid19 coverage.

    “In particular, we expect the media (print, electronic or social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated. A daily bulletin by the government of India through all media avenues including social media and forums to clear the doubts of people would be made active within a period of 24 hours as submitted by the solicitor general of India. We do not intend to interfere with the free discussion about the pandemic, but direct the media to refer to and publish the official version about the developments,” the apex court stated.  

    NBSA said under these circumstances member broadcasters could also consider telecasting the positives steps being taken by various individuals/ persons/ entities / governments and all medical personnel in order that objective, balanced, accurate and impartial news gets telecast.  

    It also added that the issue that the supreme court has touched upon relates to “fake news” whether intended or not, published either by electronic, print or social media which will  cause panic in the society. The court observed that the media should maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated.

    “News media plays a critical role during public health emergencies by providing reassurance, bringing calm, motivating people to overcome the crisis and in bringing their lives back to normal. Inaccurate information can lead to rumours and misinformation, resulting in panic and chaos,” the advisory highlighted.

  • NBA hails supreme court order to counter COVID-19 fake news menace

    NBA hails supreme court order to counter COVID-19 fake news menace

    MUMBAI: The News Broadcasters Association (NBA) has welcomed the Supreme Court’s decision of urging media to take up against fake news menace revolving around the novel coronavirus in social media.

    Supreme Court on 31 March had ordered that the media should report responsibly and weed out any fake news in social media while telecasting news on the Coronavirus crisis.

    According to an official press statement, “NBA appreciates that the apex court has acknowledged the freedom of the press and has stated that it does not intend to interfere with the free discussion, debate and coverage about the pandemic.”

    NBA also stated that it is pleased to learn that a daily bulletin by the government of India through all media avenues including social media and forums will be made available to clear the doubts of people. This would help media immensely to clarify their doubts and enable them to do accurate reporting.  

    The Supreme Court had asked the media to refer to an official portal, which will be created by the government within 24 hours to deal with updated corona related developments, and publish the official version about the developments.

    A bench led by chief justice of India SA Bobde had said: “We do not intend to interfere with the free discussion about the pandemic, but direct the media refer to and publish the official version about the developments.”

    The order came on a submission by the government blaming fake news for the migrant exodus and seeking a court direction to deal with the menace. Over 1600 positive cases have been confirmed in India and around 35 killed due to the pandemic.

  • News Broadcasters Federation welcomes SC order on fake news

    News Broadcasters Federation welcomes SC order on fake news

    MUMBAI: The News Broadcasters Federation has welcomed the Supreme Court order against the menace of fake news. The apex court in its order on Tuesday, 31 March , made observations on the “menace of fake news either by electronic, print or social media” and has put the onus on the media to ensure unverified panic inducing news is not circulated. 

    The NBF, which is the largest body of news broadcasters pan-India, not just acknowledges but welcomes the Supreme Court Order which states “we expect the Media (print, electronic or social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated.” In the midst of India’s current battle against the novel coronavirus, the NBF recognises that there is a great need to be vigilant against fake news that is being proliferated both on certain media platforms, as well as on social media, said the federation in a release. 

    NBF president Arnab Goswami said in a statement that the NBF stands in solidarity and supports completely the proactive initiatives undertaken by the Government of India to contain, control and defeat the COVID-19 pandemic whose grave impact spans over 199 nations and over 8.5 lakh individuals, at present. The NBF believes the nationwide lockdown to contain the COVID-19 threat needs to be upheld, and any fake news that deters this national fight needs to be debunked at the earliest. In light of this, the NBF strives to uphold it's national duty and stands by the Supreme Court intervention to curb rampant fake news. 

    He added that the battle against the novel-coronavirus is and must remain a national effort, with each pillar of our democracy doing its part to ensure the social distancing norms are maintained, the lockdown rules are followed, and the concerted efforts to spread fear and mistrust amongst the people by a handful in detriment to this effort are defeated. The NBF believes that it's fundamental duty “to defend the country and render national service when called upon to do so”, in the present times, includes being an active participant in fighting fake news. 

    “India is at the cusp of its battle against the pandemic, and has rapidly increased efforts to flatten the curve and delay the onset of Stage-3, that is, community transmission. The nature of the infection and the person-to-person spread means there is a need for restriction of movement in our nation of 1.3 billion, and any fake news to defeat this effort needs to be curtailed at the earliest,” he points out.

    Goswami notes that the NBF acknowledges that this fight requires a united effort by all sections of society, all organisations and all groups need to come together. The NBF pledges its complete support to our frontline warriors and stands behind the Supreme Court order to curb fake news during the extraordinary situation currently faced by the nation and the world. 

  • NTO 2.0 will not have much impact at consumer level: Shaji Mathews

    NTO 2.0 will not have much impact at consumer level: Shaji Mathews

    MUMBAI: Even as stakeholders have moved courts against Telecom Regulatory Authority of India’s (TRAI) amendment of the New Tariff Order (NTO), analyst and consultant Shaji Mathews feels that it will not have any significant effect on the existing system. “I don’t think NTO 2.0 will have much effect on the consumer either, because whatever changes and choices consumers were to make, happened during the NTO 1.0 implementation. Once the legal battle on NTO 2.0 is over, the MSOs will implement it at the consumer level with cautiousness. They won’t disrupt the system,” says Mathews, who previously held positions as the VP of Star TV, COO of GTPL and CEO of KCCL.   

    According to him, NTO 1.0 was expected to remove discriminatory agreements which were imposed by broadcasters and create a level-playing field for small MSOs as well. “For that TRAI brought in the MRP regime, which was uniform pricing across the country for the consumers and transparent margins for the distribution platforms, whether they are small or big,” he says. It was expected that the MRP system will push broadcasters to bring consumer-friendly pricing, enabling consumers to avail a multitude of channels of their liking within the rates they were paying.

    “In the process, what happened was that consumers who were expecting to go a-la-carte found themselves at the receiving end because broadcasters basically priced the channels in such a way that they can defeat the whole purpose of the NTO itself,” he points out. 

    Now, by bringing in MRP regime, TRAI is expected to make it easy for consumers to choose channels based on prices.

    It also brought in certain regulations, on bouquet pricing, that the discount in pricing should not be more than 15 per cent. But while implementing, that was removed from the regulation and was kept in abeyance because of the remark of the Madras High Court. However, in the legal battle at Supreme Court, the remark made by the SC prompted the regulator to go approach the Supreme Court for a decision on the 15 per cent. But the apex court threw it back to TRAI and asked it to take steps which were within TRAI’s powers.

    In that scenario, he says that TRAI had to come out with NTO 2.0 wherein some regulations related to a-la-carte rate and bouquet rate had to have interlinked logics. And TRAI stepped in to clear the anomalies which were there in NTO 1.0.

    According to him, the consumers are not bothered about all these things. They want convenience. “I don’t share the views of TRAI and many other stakeholders that the consumer is so bothered about his freedom to choose on an a-la-carte basis. There are 800 channels in this country. In the NTO 1.0 regime, when broadcasters brought out the bouquets, there was no limit on the number of bouquets you could make. There were about 500 packages to choose from, and the consumers were frustrated. There is no point in forcing a-la-carte on consumers; they don’t really bother about whether it is a-la-carte or bouquet. They are bothered only about convenience, getting to watch their favourite channels, and they don’t want to pay too much. All these three were disrupted by the NTO. The consumer was not in a position to choose from too many packages and too many a-la-carte options.”

    Broadcasters, on their part, jacked up the prices, he said. All these went against the consumer requirements, resulting in a lot of them reducing their stickiness to watching TV. According to him, the cable industry lost around 10 to 15 per cent subscribers because of NTO.

    “It is not necessary that these consumers migrated to DTH. They did not go to OTT or YouTube, either. In fact, a lot of consumers did not go anywhere. They may come back to the system over a period of time. They have other priorities in life. They were like, let it be. That was the effect of NTO,” says Mathews. 

    He is certain that there won’t be much of a change in the case of NTO 2.0.

    “What I expect is that broadcasters will come out with revised prices. Having learned lessons from the implementation of the NTO, MSOs will not disrupt the system this time. If broadcasters reduce the prices, I think MSOs will give more channels to the consumers for the same price.  I don’t see the possibility of broadcasters increasing the prices, except in one or two cases. Some of the broadcasters are very aggressive in their stand. As regulator has come up with the Rs 12 pricing cap, some aggressive broadcasters might remove their channels from the bouquet,” he explains.

    Asked about the broadcasters’ complaint that their freedom to price has been curtailed by the NTO, he said: “Their freedom to price is there; only their freedom to bundle has been restricted. Their charges with regard to the loss of control over the pricing won’t stand. Broadcasters are making a fuss on this because it is their strategy of ensuring that the outcomes are advantageous for them.”

    On the question of TRAI’s authority to fix price cap, Mathews answers that the cap is only on the bundled channels, not on any other channels.

    He is also sure that none of the distribution platforms will create any disruptions under the NTO 2.0 regime. According to him, during NTO 1.0 the platforms went a little overboard in implementation. “So this time they will definitely not do anything disruptive. They will proceed cautiously. There will not have the same kind of disruption as we witnessed during NTO 1.0,” he states.

  • I&B Ministry asks TV channels to follow Supreme Court orders in condemning lynching, mob violence

    I&B Ministry asks TV channels to follow Supreme Court orders in condemning lynching, mob violence

    MUMBAI: The country has seen an alarming increase in the incidences of lynching in the last few years. The Ministry of Information and Broadcasting (MIB) has once again sent out an advisory to TV channels to comply with the Supreme Court’s directions to electronic media to condemn lynching and mob violence.

    The relevant extract for TV channels from the Tehseen S Poonawalla vs Union of India and others reads: “The central and state governments should broadcast on radio and television and other media platforms including the official websites of Home Department and Police of the States that lynching and mob violence of any kind shall invite serious consequences under the law.”

    The MIB advisory also requests channels to run the following messages in the form of a scroll: Mob violence and lynching is a serious crime and invites serious consequences under the law. Mob violence and lynching is a serious criminal offence and invites stringent punishment under the law.

    The ministry mentioned that Doordarshan had already begun implementing the apex court’s order.

    The MIB had previously directed TV channels to carry the warning in September 2018 to adhere to Supreme Court’s verdict on lynching, cow vigilantism and mobocracy. TV channels were asked to refer to the Supreme Court judgement dated 17 July 2018 and 24 September 2018. It also urged TV channels to “ensure widest possible outreach of the directions of the Supreme Court”.

    The Supreme Court on 17 July 2018 had decried cases related to lynching and said mobocracy won’t be tolerated in civil society. It said, “No citizen can take the law into his hands nor become a law unto himself.”

    In this regard, the Supreme Court bench headed by the then Chief Justice of India Dipak Misra had also ordered the centre and states to take strict action against lynching and mob vigilantism. It had warned people that indulging in it would attract the ‘wrath of law’.

    In the last few years, there have been rising instances of lynching over fake news. One of such was the Dadri lynching in 2015 when a mob of around 50 people lynched a 52-year-old Muslim villager on the pretext of storing beef at his home. Similarly, two young travellers in Guwahati, Assam were also lynched on the allegation that they were child kidnappers.

  • NDTV files civil appeal in Supreme Court against SAT order

    NDTV files civil appeal in Supreme Court against SAT order

    MUMBAI: NDTV has filed a civil appeal in the Supreme Court, challenging the 7 August SAT order that upheld a Rs 2 crore penalty on the media company imposed by SEBI for disclosure lapses regarding tax demand of Rs 450 crore.

    “NDTV has on 3 December 2019, filed a Civil Appeal before the Hon’ble Supreme Court, challenging the 7 August 2019 order passed by SAT and 22 November 2019 Recovery Certificate/Notice of Demand,” NDTV said in its regulatory filing to BSE.

    "The Civil Appeal instituted by NDTV is without prejudice to its primary contention that the Judgment dated 4 September 2019 of the Hon’ble Bombay High Court directs the SEBI to consider the settlement applications filed by NDTV, on merits; however, in light of the challenge by SEBI to the Judgment dated 4 September 2019, the matter of entitlement of NDTV to pursue the settlement applications before the SEBI, is now sub judice,” the statement added.

    On 7 August, SAT upheld Sebi's decision to impose Rs 2 crore penalty on NDTV in a case of disclosure lapses regarding tax demand of Rs 450 crore. The tribunal also upheld Rs 19 lakh penalty imposed by Sebi on the company as well as three officials, including promoters Prannoy Roy and Radhika Roy.

    SAT’s ruling was on an appeal filed by NDTV against Sebi's orders passed in June 2015 and March 2018 in a case pertaining to the firm making delayed disclosure to exchanges regarding tax demand of Rs 450 crore raised by the Income Tax Department and sale of some shares by a top company executive.

    In the June 2015 order, Sebi imposed a fine of Rs 2 crore on the firm while in March 2018 the regulator had levied a total fine of Rs 22 lakh on NDTV and its officials, including the Roy couple.

  • BARC week 46: Uptick in English news channel viewership

    BARC week 46: Uptick in English news channel viewership

    BENGALURU: Recent events in the country resulted in the increase in viewership of news channels. Broadcast Audience Research Council of India (BARC) weekly data for Top 5 English news channels in week 46 of 2019 (Saturday, 9 November 2019 to Friday, 15 November 2019, week or period under review) shows a sharp increase in ratings as compared to the previous week. Among the major news events that took place during the week under review was the Supreme Court’s verdict for the Ayodhya dispute. 

    Over the past few weeks, combined viewership of the top 5 English news channels had stabilised to some extent and then witnessed a slight dip in week 45, which was followed by an increase of 0.696 million or 38.4 percent in week 46 of 2019. The combined weekly impressions of the top 5 English news channels were 1.813 million in week 45 and 2.509 million in week 46 of 2019.

    A slight digression here. It must be noted that since week 13 until week 46 of 2019, the channels have been the same in BARC’s weekly list of Top 5 English news channels, except for tweaking of ranks. BARC has stopped publishing data in the public domain after week 5 of 2019 to allow ratings of channels to stabilize after the implementation of the Telecom Regulatory Authority of India (TRAI) mandated New Tariff Order (NTO). BARC recommenced publishing data in the public domain in week 13 of 2019 on urging by TRAI.

    Please refer to the figure below: 

    Top 5 English news channels in week 46 of 2019

    As mentioned above the Top 5 English news channels in week 46 have been the same since week 13 of 2019. In the case of week 46 of 2019, even the ranks of the channels were the same as in the previous week (week 45). 

    Please refer to the figure below for ranks of the top 5 channels:

    In absolute numbers, the Arnab Goswami-headed Republic TV saw the maximum increase in viewership with an uptick of 0.263 million impressions (44 percent increase), while India Today Television saw the ratings increase by just 86,000 (31.2 percent increase) in week 46 as compared to week 45 of 2019. In terms of percentage, pubcaster Doordarshan’s English news channel DD India saw viewership increase of 52.9 percent (0.148 million weekly impressions),while Times Now saw an increase of just 32.4 percent (0.152 million weekly impressions) in week 46 as compared to week 45 of 2019.

    Over the past few weeks, combined viewership of the top 5 English news channels had stabilised to some extent and then witnessed a slight dip in week 45, which was followed by an increase of 0.696 million or 38.4 percent in week 46 of 2019.

    Republic TV scored 0.859 million weekly impressions in week 46 as compared to 0.596 million weekly impressions in week 45 of 2019. At second rank, Times Now scores 0.565 million weekly impressions during the period under review as compared to 0.454 million weekly impressions in the previous week.

    Ranked three in week 46 of 2019, DD India scored 0.428 million weekly impressions as compared to 0.280 million weekly impressions in week 45. India Today Television garnered 0.362 million weekly impressions in week 46 at rank 4 as compared to 0.276 million weekly impressions in week 45 of 2019. Completing the quintet at rank 5 was Network18’s CNN News18 which saw viewership increase of 88,000 weekly impressions in week 46 of 2019 to 0.295 million weekly impressions from 0.207 million weekly impressions in the previous week.
    Please refer to the figure below: