MediaOne Ban [UPSC Current Affairs]

The Supreme Court set away the centre’s ban on the telecast of the Malayalam news channel MediaOne. The matter relates to the government’s January 31st (2023) directive revoking the license and telecast on security grounds. In this article, you can read more about the MediaOne Ban and the Supreme Court’s observations on this issue. This topic is important for the IAS exam current affairs segment.

MediaOne Ban

  • The news channel got security clearance from the Union Home Ministry in 2011 which later got permission to uplink for 10 years.
  • On 31st January 2022, the I&B Ministry revoked permission after the Home Ministry denied fresh security clearance.
  • The MHA alleged the channel promoters’ probable links with the Jamaat-e-Islami Hind.
  • Following the revoking of its license, MediaOne went off the air.

Appeal in the High Court

  • The channel appealed before the Kerala High Court which upheld the ban.
  • The HC admitted and accepted the material produced by the MHA.

Appeal in the Supreme Court

  • The promoters pleaded that they were denied a chance to defend themselves.
  • The national security reasons cited were given only to the HC in a sealed cover.
  • In the end, the Supreme Court put aside both orders upholding the government action.

Supreme Court Judgement on MediaOne Ban

Highlights of the judgement by the Supreme Court.

  • The Centre’s action is restricting press freedom.
  • The SC concluded that the independence of the press is vital for a robust democratic republic.
  • It said that criticism of the government’s policy should not be a reasonable restriction under Article 19(2) of the Constitution.
  • It refused to accept the government’s national security angle as such a claim must be backed by material evidence.
  • It also held that national security claims are big and concerning that cannot be made out of thin air without any material backing.

The Principles of Natural Justice:
  • The sealed cover procedure infringes principles of natural justice and restricts the right to a fair and reasonable hearing.
  • In a sealed cover procedure, the documents are not available to the affected party.
  • The courts cannot just rely upon covered and sealed documents presented by one party which is mostly the state.
  • The culture of secrecy and opaqueness has to be done away with.

Significance of the judgement

  • The judgment gives the public interest immunity from whimsical claims procedures.
  • An alternate procedure has been devised by the SC to balance the concerns of confidentiality with the need to preserve the confidence of the affected parties.Β 

Way forward: While national security is of prime importance to all, objectivity in justice delivery, freedom of the press and most importantly, the principles of natural justice must be adhered to at all costs. The appointment of an amicus curiae to deal with such a complex and sensitive issue is the right way forward.

MediaOne Ban:- Download PDF Here

Related Links
Fundamental Rights Constitution of India
NCERT Books Current Affairs Quiz
UPSC Exam Pattern Important Supreme Court Judgements

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