MediaOne is a Malayalam TV channel which has always upheld the highest standards of journalism. It is largely respected for its fairness in reporting balanced news and supporting the basic human rights of people. It is highly credited for its investigative journalism and support to the freedom of expression.
It is difficult to understand what made the Ministry of Information and Broadcasting to refuse renewal of security clearance of the brilliant record of 10 years exceptional service to the cause of the country. The order to stop the security clearance was clearly an arbitrary and illogical act which was widely condemned by all those who believe in freedom of expression and press freedom in a democratic country like India.
Now the landmark judgement by the Supreme Court has repealed the unconstitutional order which was based on the plea that the security clearance was not in national interest as it involves national security. The ban has been struck down by the Apex Court as it was against the basic principles of freedom of expression and press freedom.
Immediately after the denial of clearance, it was challenged in the Kerala High Court. The single judge bench had received a sealed cover about the central government’s reasons for the ban. It refused to lift the ban. Subsequently it was challenged before a division bench of Kerala High Court. They also continued the ban. The Supreme Court finally unchained MediaOne, and criticised the High Court’s decision to continue the ban in spite of its note that “the gravity of the issue was not discernible from the files” presented before it. The Supreme Court has disapproved the sealed cover presentation and opined that it is the principle of natural justice that the respondent part must be provided with the facts on which the ban is based. It is only on its basis that the affected party can move and challenge it. Just saying that something is not in the interest of the nation and a danger for national security is insufficient, unsatisfactory and against law.
The government had also pleaded that some of the content of MediaOne was anti-establishment. The Supreme Court judgement makes it clear that press has a basic responsibility of pointing out the things which it thinks to be against public interest. It said that the media channel was fully entitled to hold its views and express them in public interest. Denial of security clearance, which results in a ban on press freedom,produces a chilling effect on free speech and particularly on press freedom.
The verdict is a shot in arm for press freedom and also a warning to the power that be to stop their arbitrary acts to suppress freedom of expression. The entire media and all citizens should be grateful to MediaOne that suffered but fought on their behalf to reassert their fundamental right to freedom of expression. Let us hope that powers that be would understand that an alert media and a conscientious judiciary is alive.