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NATION SEPTEMBER 23, 2022 | The Indian Eye 10

Indian TV channels, anchors under the

Supreme Court’s scanner for hate speech

Hate speech benefits politicians the most and TV news channels give platforms for hate
speech, says top court as it takes government to task for not tackling it

United Hindu Front members stage a protest against the Organization called USCIRF (ANI) A protest against the rise in the alleged anti-Muslim violence in New Delhi (ANI)

OUR BUREAU without any sanctions. appearing for one of the petitioners in hate oxygen.
“Role of the anchor is very im- the case also agreed with the bench and To this, Justice Joseph respond-
New Delhi
portant. These speeches are on main- said, “Channels and politicians feed ed, “Not one bit. We cannot give hate
he Supreme Court on Wednes- stream media or social media that is on such speech. Channels get mon- any air.”
day asked why the government unregulated. Mainstream TV chan- ey. They keep ten people in debates.” The top court further added that
Twas remaining a mute specta- nels still hold sway. The role of the The bench further observed that nowadays nobody reads because of
tor to hate speech and also pulled up anchor is critical. The moment you freedom of the press is important and the paucity of time, but visual media
mainstream TV news channels for see somebody going into hate speech, ours is not as free as the US but we has a power that has been recognized
holding debates that often give space it is the duty of anchor to immediately should know where to draw a line. by this court in censorship cases.
for hate speech. see that he doesn’t allow that person,” Citing an instance, Justice Jo- During the hearing, the bench
A bench of Justices KM Joseph said Justice Joseph. seph said that one news channel was asked why the Central government
and Hrishikesh Roy said the role of The apex court was hearing a fined heavily in the United King- was remaining a “mute spectator”
anchor in the TV channel debate is batch of pleas seeking direction for dom. “We don’t have that here. They on the hate speech issue. “What’s the
“very important” and “critical” and steps against hate speech incidents. (news channels) are not being dealt problem?
observed that it’s their duty to ensure The bench further said that hate with firmly. They can be taken off air, Why government of India not
that guests invited to the show don’t speech benefits politicians the most fined, if such sanction comes....” Jus- taking a stand? Why is the govern-
indulge in hate speech. The bench and TV news channels give platforms tice Joseph opined. Hegde told the ment remaining a mute spectator?”
also said that TV channels which of- for hate speech. bench that on Tuesday, US President asked the bench from Additional So-
ten give space to hate speech escape Senior advocate Sanjay Hegde Joe Biden said that we cannot give licitor General KM Nataraj.

“HAVE NO LEGAL POWER TO DE-RECOGNIZE PARTIES OR LEADERS, EC TELLS SC

he Election Commission said that the issue of hate speech had ifying it or its members, if a party or measures to curb hate speech.
of India (ECI) has told the been dealt with by the top court in its members commit the offence of The panel further said that
TSupreme Court that the a matter and the court had referred hate speech nor expressly made any “in the absence of any specific law
poll panel does not have the legal the matter to the Law Commission recommendations to the Parliament governing ‘hate speech’ and ‘ru-
power to withdraw the recognition of India to define hate speech and to strengthen the Election Commis- mor mongering’ during elections,
of a political party or disqualify its make recommendations to Parlia- sion of India to curb the menace of the Election Commission of India
members if a party or its members ment to strengthen the ECI to curb hate speech. employs various provisions of the
indulge in hate speech. its menace. However, the Law Commission IPC and the Representation of
The affidavit of the Director The poll panel said that the Law suggested that certain amendments People Act, 1951 to ensure that
(Law) of the ECI pointed out that Commission of India’s 267th Report be made to the Indian Penal Code members of political parties or
hate speech has not been defined neither answered the Court’s ques- and the Code of Criminal Procedure, even other persons do not make
under any existing law in India, but tion as to whether the poll panel the affidavit added. statements to the effect of creat-
there are a few legislations that should be conferred the power to The response of the Election ing disharmony between different
have a bearing on hate speech. It derecognize a political party, disqual- Commission came on a PIL seeking sections of society.”

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