The Madras High Court on Wednesday made it clear that it shall suo motu review its earlier direction to the State government to constitute a Press Council of Tamil Nadu if it does not find any statutory provision empowering the government to do so.
The court has asked members of the Bar to render their assistance in arriving at a right decision.
Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu broached the issue when the case, in which another Division Bench of the court had issued the direction, was listed for reporting compliance.
The ACJ wondered how such a direction could have been issued by the court without it being backed by a statute.
He pointed out that the Press Council Act of 1978 provides for constitution of only one body titled Press Council of India (PCI) for the whole country and there were absolutely no other provisions in the enactment empowering the State governments to constitute individual commissions of similar nature in every State.
Wondering why the State government did not register its protest when the other Division Bench passed such an order in August this year, the ACJ expressed surprise over the government not having even filed a review petition or gone on appeal to the Supreme Court.
“You are not required to follow the order blindly,” he told State Government Pleader P. Muthukumar.
When the ACJ asked if any of the Bar members could throw some light on the issue and wanted to know if they were aware of any other legislation which provides for State level press councils, journalist-turned-lawyer Sanjay Pinto told the court that the PCI was intended only at improving standards of newspapers and news agencies.
The television channels had their own self regulatory body called Broadcasting Contents Complaints Council (BCCC) to inquire into complaints received from viewers. Stating that he was not aware of any law that provides for constituting a State level press council, he assured to get back to the court after some research.
Later, the judges adjourned the case to January 25 and asked the counsel for PCI too to assist the court.
