The Evening Wrap: Supreme Court to consider giving more ‘bite’ to media ethics’ regulations

The Supreme Court on Monday said a fine of just ₹1 lakh is hardly a deterrent for television channels which indulge in unethical conduct on air, and the fine should ideally be more than the profits the media outlets make from the entire show. A Bench headed by Chief Justice of India D.Y. Chandrachud noted that the ₹1 lakh fine was fixed in 2008, and had not been revised since. The Court issued notice to the National Broadcasters and Digital Association (NBDA), an independent electronic media watchdog, the Centre and other respondents on the question of “strengthening the framework” of regulations. “We are as much concerned about free speech as the channels are… but you presume guilt of a person in your shows and not innocence of the person until he or she is proven guilty… Media went berserk after that actor’s [Sushant Singh Rajput] death… you virtually pre-empt the entire investigation,” Justice Chandrachud said. Senior advocate Arvind P. Datar, appearing for NBDA along with advocate Nisha Bhambhani, said he would consult Justice (retired) A.K. Sikri, the current NBDA chairperson, and former NBDA head, Justice (retired) R.V. Raveendran, on how to put “some bite” into its regulations. “If at the end of all this violation, you [NBDA] are going to impose ₹1 lakh fine, which channel is going to be motivated? Your fine must be more than the profits a channel makes from the entire show. We do not want any censorship over the media, but the fine should be effective... The government does not want to be in this space. You are expected to self-regulate your content. How will a fine of ₹1 lakh deter an errant channel? This amount was fixed 15 years ago, have you not thought of revising it?” the Chief Justice asked NBDA. Solicitor General Tushar Mehta, for the Centre, said NBDA was only one of the regulatory bodies. Mehta said the Court had to intervene to lay down comprehensive regulatory guidelines on ethical conduct on air. Mehta said that some time ago, with the intervention of the Delhi High Court, press officers were appointed to brief the media daily in order to avoid unnecessary sensationalism. Retail inflation rises to 15-month high of 7.44% in July Retail inflation resurged in July to hit 7.44% from 4.87% in June, with consumers facing a sharp 11.5% spike in food prices. This is the highest pace of retail inflation since April 2022 and the first time since September 2022 that price rise has been over 7%. Vegetable prices soared 37.3% while cereals and pulses became over 13% costlier, lifting the food bill by over 12.3% for urban consumers, while rural consumers encountered 11% food inflation. Rural residents, however faced a higher overall inflation rate of 7.63% in July, as per the National Statistical Office. The Consumer Price Index was up 2.9% from June’s levels, while food prices were up 6.7% month-on-month. July’s inflation print, which surpassed most economists’ estimates, breaks a four-month streak below the central bank’s 6% tolerance threshold for consumer price rise and threatens to upend its recent 6.2% average inflation projection for the July to September quarter. A slight let-up in tomato prices this month may help cool the inflation trend a little in August, but elevated pulses, spices (up 21.6%), milk (up 8.34%) and cereal prices remain a concern along with a below-normal monsoon outlook for this month and patchy progress on the crop sowing front. “In its latest credit policy, the Reserve Bank of India (RBI) said it will be ready to act if conditions warrant action. Would 7% inflation for two successive months cause the trigger to be pulled?” said Bank of Baroda chief economist Madan Sabnavis. An interest rate hike cannot be ruled out even though its probability is still low, he noted. However, hopes of lower interest rates may be deferred further, with rating firm ICRA expecting the earliest cut around the second quarter of 2024-25 with “a fairly shallow” rate cut cycle of about 50-75 basis points from the current levels. One basis point equals 0.01 per cent. Wholesale prices remained in deflationary mode for the fourth month in a row in July, but prices of food and primary articles spiked by over 7.5%, narrowing the overall price dip sharply to -1.36% from the 92-month low of -4.1% recorded in June. Listen to today’s episode of the In Focus podcast How will the import restrictions on laptops and tablets affect India? On August 3, the Indian government brought in import restrictions for laptops, tablets and servers. The import of these products would be allowed against a valid licence for restricted imports. Following some strong reactions from industry, it has deferred the effective date to Nov 1. But to begin with, what did the government aim to achieve with these curbs? Shore up national security by having tight controls over whom we import from? Or nudge local manufacturing and thus spur job creation? Supreme Court fixes August 18 to hear appeals against Bihar caste survey The Supreme Court on Monday agreed to hear on August 18 multiple petitions claiming that the Bihar caste-based survey was an attempt by the Nitish Kumar government to “usurp” the Centre’s powers. Appearing before a Bench headed by Justice Sanjiv Khanna, the petitioners, represented by a battery of lawyers led by senior advocate Mukul Rohatgi, urged the court to stay the implementation of the Patna High Court decision allowing the State government to go ahead with the survey. The Bench said any prohibitory move by the court at this stage would indirectly amount to a stay without hearing the State government side. The petitioners submitted that the government had issued notice on August 1, that is, within hours of the High Court order, to complete the survey within the next three days. “This issue will become infructuous if we wait till August 18,” said Rohatgi, urging the court to step in immediately. “But it will be an indirect stay without hearing the other side or the application of mind. We do not want that. We will hear you all on August 18,” Justice Khanna addressed the petitioners. The petitions have appealed against a Patna High Court decision on August 1, upholding the legality of the State’s June 6, 2022 order notifying the survey. They contended that the State lacked the competence to issue the survey notification. “The notification is against the constitutional mandate of distribution of powers between the State and the Union Legislature enshrined under Article 246 of the Constitution,” the petitioners said. They said the survey violated Schedule VII of the Constitution, the Census Act, 1948 and the Census Rules, 1990. The petitions highlighted that census was enumerated at Entry 69 in the Union List in the Seventh Schedule of the Constitution. “Therefore, only the Union has the authority to conduct a census in India and the State government has no authority to decide and notify the conduct of caste-based survey in Bihar. The notification is null and void,” they contended. The Bihar government had said it would conduct the survey from its own funds. The notification was published pursuant to a State Cabinet decision on June 2, 2022. “There is no independent power on behalf of the State government to appoint District Magistrate and local authority to supervise and aid taking of census, without there being a notification under Section 3 of the Census Act, 1948 by the Central government in this regard,” the petitioners have argued. 35 killed in Himachal Pradesh rains, 14 of them in Shimla landslides At least 35 people were killed in Himachal Pradesh, seven of them buried under the rubble of a temple in Shimla as rains wreaked havoc in the State, triggering landslides that blocked key roads and brought down houses, officials said on Monday (August 14). More people are feared trapped under the debris of the Shiv temple in Shimla’s Summer Hill area. The shrine was crowded with devotees, offering prayers on an important day of the holy month of Sawan. This was one of the two landslides reported from the State capital which is still witnessing intense rain. The toll in the incident may rise, the officials said. In a second landslide here, five bodies have been pulled out of the rubble in Fagli area while 17 persons rescued, Shimla SP Sanjeev Kumar Gandhi said. All schools and colleges in the State were closed on Monday. According to the State emergency operation centre, 621 roads were closed in the State because of the calamity. The weather office predicted extremely heavy rains in nine out of 12 districts of the state, barring Kullu, Kinnaur and Lahaul and Spiti, on Monday and issued a yellow warning for Tuesday. In Solan district’s Jadon village, seven members of a family were killed in a cloudburst on Sunday night. Two houses in the district were washed away following the cloudburst. While six people were rescued, seven others were killed, a police official said. Several parts of the State capital was without electricity since Sunday night as landslides and uprooted trees damaged power lines. Himachal Governor Shiv Pratap Shukla also visited the landslide- and cloudburst-hit sites, the officials said. Heavy rains battered Himachal Pradesh since Sunday, triggering landslides that blocked several roads, including the key Shimla-Chandigarh road. In total, 752 roads are blocked in the State as per the State emergency operation centre. So far, the State has suffered losses to the tune of ₹7,171 crore since the onset of monsoon on June 24, as per the State emergency operation centre. As many as 170 incidents of cloudburst and landslide have been reported in the State in the current monsoon season and about 9,600 houses partially or completely damaged. Adani-Hindenburg case: SEBI tells SC it has completed probe in 24 ‘matters’, wants 15-day extension to submit status report The Securities and Exchange Board of India (SEBI) on Monday asked the Supreme Court for 15 days more to complete its inquiry into a report by U.S.-based Hindenburg Research accusing the Adani Group of “brazen stock manipulation and accounting fraud schemes over the course of decades”. A report by the court’s own six-member expert committee, headed by former Supreme Court judge Justice A.M. Sapre, had said that the SEBI had “drawn a blank” and was in a “chicken-and-egg situation” in its investigation into the “ownership” of 13 overseas entities, including 12 Foreign Portfolio Investors (FPIs), associated with the group. The SEBI had differed with the findings of the Justice Sapre committee. It had countered that the “challenge” to its inquiry into the Hindenburg-Adani allegations case lay in the fact that the requirement to disclose the “last natural person” or the ultimate owner of FPIs remained non-existent. On Monday, the SEBI, however, said it had “substantially progressed” in its investigations. The market regulator, in an eight-page application, informed the top court it had already probed 24 “matters”. “Out of the 24 investigations/examinations, 17 are final and complete and approved by the competent authority in accordance with SEBI’s extant practice and procedures,” the application said. In one case, the probe was completed and an interim report approved by the competent authority, however more information was sought from foreign jurisdictions. “Upon receipt of such information, the SEBI will evaluate it to determine further course of action,” the application said. Of the remaining six of the 24 investigations, reports on four are under process of approval by the competent authority. It is expected to be approved by August 29. Of the last two, investigation was at an “advanced stage” in one and interim report was under preparation in the other. More information has been sought from agencies and regulators in foreign jurisdictions. “It would be just, expedient and in the interest of justice that the Supreme Court may be pleased to grant to SEBI an extension of time by 15 days to conclude the process and file status report before this court,” the application requested. In Brief: Mobile internet service restored in Nuh two weeks after violence Mobile internet service has been restored in Nuh district of Haryana, two weeks after it was suspended following communal clashes that claimed six lives, police said on August 14. According to the police, the service was restored August 13 midnight. Following the violence on July 31, mobile internet service was completely stopped by the government till 8 August. The suspension was subsequently extended till 13 August. Will prosecute deposed President Mohamed Bazoum for ‘high treason’: Niger coup leaders Niger’s mutinous soldiers say they will prosecute deposed President Mohamed Bazoum for “high treason” and undermining state security, hours after they said they were open to dialogue with West African nations to resolve the mounting regional crisis. The announcement on state television on August 13 night, by spokesman Col. Maj. Amadou Abdramane, said the military regime had “gathered the necessary evidence to prosecute before competent national and international authorities the ousted president and his local and foreign accomplices for high treason and for undermining the internal and external security of Niger.” Evening Wrap will return tomorrow. [logo] The Evening Wrap 14 August 2023 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court to consider giving more ‘bite’ to media ethics’ regulations The [Supreme Court on Monday said a fine of just ₹1 lakh is hardly a deterrent for television channels which indulge in unethical conduct on air]( and the fine should ideally be more than the profits the media outlets make from the entire show. A Bench headed by Chief Justice of India D.Y. Chandrachud noted that the ₹1 lakh fine was fixed in 2008, and had not been revised since. The Court issued notice to the National Broadcasters and Digital Association (NBDA), an independent electronic media watchdog, the Centre and other respondents on the question of “strengthening the framework” of regulations. “We are as much concerned about free speech as the channels are… but you presume guilt of a person in your shows and not innocence of the person until he or she is proven guilty… Media went berserk after that actor’s [Sushant Singh Rajput] death… you virtually pre-empt the entire investigation,” Justice Chandrachud said. Senior advocate Arvind P. Datar, appearing for NBDA along with advocate Nisha Bhambhani, said he would consult Justice (retired) A.K. Sikri, the current NBDA chairperson, and former NBDA head, Justice (retired) R.V. Raveendran, on how to put “some bite” into its regulations. “If at the end of all this violation, you [NBDA] are going to impose ₹1 lakh fine, which channel is going to be motivated? Your fine must be more than the profits a channel makes from the entire show. We do not want any censorship over the media, but the fine should be effective... The government does not want to be in this space. You are expected to self-regulate your content. How will a fine of ₹1 lakh deter an errant channel? This amount was fixed 15 years ago, have you not thought of revising it?” the Chief Justice asked NBDA. Solicitor General Tushar Mehta, for the Centre, said NBDA was only one of the regulatory bodies. Mehta said the Court had to intervene to lay down comprehensive regulatory guidelines on ethical conduct on air. Mehta said that some time ago, with the intervention of the Delhi High Court, press officers were appointed to brief the media daily in order to avoid unnecessary sensationalism. Retail inflation rises to 15-month high of 7.44% in July [Retail inflation resurged in July to hit 7.44% from 4.87% in June]( with consumers facing a sharp 11.5% spike in food prices. This is the highest pace of retail inflation since April 2022 and the first time since September 2022 that price rise has been over 7%. Vegetable prices soared 37.3% while cereals and pulses became over 13% costlier, lifting the food bill by over 12.3% for urban consumers, while rural consumers encountered 11% food inflation. Rural residents, however faced a higher overall inflation rate of 7.63% in July, as per the National Statistical Office. The Consumer Price Index was up 2.9% from June’s levels, while food prices were up 6.7% month-on-month. July’s inflation print, which surpassed most economists’ estimates, breaks a four-month streak below the central bank’s 6% tolerance threshold for consumer price rise and threatens to upend its recent 6.2% average inflation projection for the July to September quarter. A slight let-up in tomato prices this month may help cool the inflation trend a little in August, but elevated pulses, spices (up 21.6%), milk (up 8.34%) and cereal prices remain a concern along with a below-normal monsoon outlook for this month and patchy progress on the crop sowing front. “In its latest credit policy, the Reserve Bank of India (RBI) said it will be ready to act if conditions warrant action. Would 7% inflation for two successive months cause the trigger to be pulled?” said Bank of Baroda chief economist Madan Sabnavis. An interest rate hike cannot be ruled out even though its probability is still low, he noted. However, hopes of lower interest rates may be deferred further, with rating firm ICRA expecting the earliest cut around the second quarter of 2024-25 with “a fairly shallow” rate cut cycle of about 50-75 basis points from the current levels. One basis point equals 0.01 per cent. Wholesale prices remained in deflationary mode for the fourth month in a row in July, but prices of food and primary articles spiked by over 7.5%, narrowing the overall price dip sharply to -1.36% from the 92-month low of -4.1% recorded in June. Listen to today’s episode of the In Focus podcast How will the import restrictions on laptops and tablets affect India? On August 3, the [Indian government brought in import restrictions for laptops, tablets and servers](. The import of these products would be allowed against a valid licence for restricted imports. Following some strong reactions from industry, it has deferred the effective date to Nov 1. But to begin with, what did the government aim to achieve with these curbs? Shore up national security by having tight controls over whom we import from? Or nudge local manufacturing and thus spur job creation? Supreme Court fixes August 18 to hear appeals against Bihar caste survey The[Supreme Court on Monday agreed to hear on August 18 multiple petitions claiming that the Bihar caste-based survey]( was an attempt by the Nitish Kumar government to “usurp” the Centre’s powers. Appearing before a Bench headed by Justice Sanjiv Khanna, the petitioners, represented by a battery of lawyers led by senior advocate Mukul Rohatgi, urged the court to stay the implementation of the Patna High Court decision allowing the State government to go ahead with the survey. The Bench said any prohibitory move by the court at this stage would indirectly amount to a stay without hearing the State government side. The petitioners submitted that the government had issued notice on August 1, that is, within hours of the High Court order, to complete the survey within the next three days. “This issue will become infructuous if we wait till August 18,” said Rohatgi, urging the court to step in immediately. “But it will be an indirect stay without hearing the other side or the application of mind. We do not want that. We will hear you all on August 18,” Justice Khanna addressed the petitioners. The petitions have appealed against a Patna High Court decision on August 1, upholding the legality of the State’s June 6, 2022 order notifying the survey. They contended that the State lacked the competence to issue the survey notification. “The notification is against the constitutional mandate of distribution of powers between the State and the Union Legislature enshrined under Article 246 of the Constitution,” the petitioners said. They said the survey violated Schedule VII of the Constitution, the Census Act, 1948 and the Census Rules, 1990. The petitions highlighted that census was enumerated at Entry 69 in the Union List in the Seventh Schedule of the Constitution. “Therefore, only the Union has the authority to conduct a census in India and the State government has no authority to decide and notify the conduct of caste-based survey in Bihar. The notification is null and void,” they contended. The Bihar government had said it would conduct the survey from its own funds. The notification was published pursuant to a State Cabinet decision on June 2, 2022. “There is no independent power on behalf of the State government to appoint District Magistrate and local authority to supervise and aid taking of census, without there being a notification under Section 3 of the Census Act, 1948 by the Central government in this regard,” the petitioners have argued. 35 killed in Himachal Pradesh rains, 14 of them in Shimla landslides [At least 35 people were killed in Himachal Pradesh, seven of them buried under the rubble of a temple in Shimla as rains wreaked havoc]( in the State, triggering landslides that blocked key roads and brought down houses, officials said on Monday (August 14). More people are feared trapped under the debris of the Shiv temple in Shimla’s Summer Hill area. The shrine was crowded with devotees, offering prayers on an important day of the holy month of Sawan. This was one of the two landslides reported from the State capital which is still witnessing intense rain. The toll in the incident may rise, the officials said. In a second landslide here, five bodies have been pulled out of the rubble in Fagli area while 17 persons rescued, Shimla SP Sanjeev Kumar Gandhi said. All schools and colleges in the State were closed on Monday. According to the State emergency operation centre, 621 roads were closed in the State because of the calamity. The weather office predicted extremely heavy rains in nine out of 12 districts of the state, barring Kullu, Kinnaur and Lahaul and Spiti, on Monday and issued a yellow warning for Tuesday. In Solan district’s Jadon village, seven members of a family were killed in a cloudburst on Sunday night. Two houses in the district were washed away following the cloudburst. While six people were rescued, seven others were killed, a police official said. Several parts of the State capital was without electricity since Sunday night as landslides and uprooted trees damaged power lines. Himachal Governor Shiv Pratap Shukla also visited the landslide- and cloudburst-hit sites, the officials said. Heavy rains battered Himachal Pradesh since Sunday, triggering landslides that blocked several roads, including the key Shimla-Chandigarh road. In total, 752 roads are blocked in the State as per the State emergency operation centre. So far, the State has suffered losses to the tune of ₹7,171 crore since the onset of monsoon on June 24, as per the State emergency operation centre. As many as 170 incidents of cloudburst and landslide have been reported in the State in the current monsoon season and about 9,600 houses partially or completely damaged. Adani-Hindenburg case: SEBI tells SC it has completed probe in 24 ‘matters’, wants 15-day extension to submit status report [The Securities and Exchange Board of India (SEBI) on Monday asked the Supreme Court for 15 days more to complete its inquiry into a report by U.S.-based Hindenburg Research accusing the Adani Group of “brazen stock manipulation and accounting fraud schemes over the course of decades”.]( A report by the court’s own six-member expert committee, headed by former Supreme Court judge Justice A.M. Sapre, had said that the SEBI had “drawn a blank” and was in a “chicken-and-egg situation” in its investigation into the “ownership” of 13 overseas entities, including 12 Foreign Portfolio Investors (FPIs), associated with the group. The SEBI had differed with the findings of the Justice Sapre committee. It had countered that the “challenge” to its inquiry into the Hindenburg-Adani allegations case lay in the fact that the requirement to disclose the “last natural person” or the ultimate owner of FPIs remained non-existent. On Monday, the SEBI, however, said it had “substantially progressed” in its investigations. The market regulator, in an eight-page application, informed the top court it had already probed 24 “matters”. “Out of the 24 investigations/examinations, 17 are final and complete and approved by the competent authority in accordance with SEBI’s extant practice and procedures,” the application said. In one case, the probe was completed and an interim report approved by the competent authority, however more information was sought from foreign jurisdictions. “Upon receipt of such information, the SEBI will evaluate it to determine further course of action,” the application said. Of the remaining six of the 24 investigations, reports on four are under process of approval by the competent authority. It is expected to be approved by August 29. Of the last two, investigation was at an “advanced stage” in one and interim report was under preparation in the other. More information has been sought from agencies and regulators in foreign jurisdictions. “It would be just, expedient and in the interest of justice that the Supreme Court may be pleased to grant to SEBI an extension of time by 15 days to conclude the process and file status report before this court,” the application requested. In Brief: Mobile internet service restored in Nuh two weeks after violence [Mobile internet service has been restored in Nuh district of Haryana]( two weeks after it was suspended following communal clashes that claimed six lives, police said on August 14. According to the police, the service was restored August 13 midnight. Following the violence on July 31, mobile internet service was completely stopped by the government till 8 August. The suspension was subsequently extended till 13 August. Will prosecute deposed President Mohamed Bazoum for ‘high treason’: Niger coup leaders [Niger’s mutinous soldiers say they will prosecute deposed President Mohamed Bazoum for “high treason”]( and undermining state security, hours after they said they were open to dialogue with West African nations to resolve the mounting regional crisis. The announcement on state television on August 13 night, by spokesman Col. Maj. Amadou Abdramane, said the military regime had “gathered the necessary evidence to prosecute before competent national and international authorities the ousted president and his local and foreign accomplices for high treason and for undermining the internal and external security of Niger.” Evening Wrap will return tomorrow. 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