Roadblocks Ahead for Credit Union Legislation

first_img Servicers Navigate the Post-Pandemic World 2 days ago in Daily Dose, Featured, Government, Headlines, News Tagged with: H.R. 3736 NAFCU Servicers Navigate the Post-Pandemic World 2 days ago About Author: Joey Pizzolato Share Save Sign up for DS News Daily Previous: Bringing Fintech to the Forefront Next: A New Beginning for FHA With Brian Montgomery at the Helm Home / Daily Dose / Roadblocks Ahead for Credit Union Legislation Demand Propels Home Prices Upward 2 days ago  Print This Post Data Provider Black Knight to Acquire Top of Mind 2 days ago Related Articles Demand Propels Home Prices Upward 2 days agocenter_img Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Roadblocks Ahead for Credit Union Legislation Joey Pizzolato is the Online Editor of DS News and MReport. He is a graduate of Spalding University, where he holds a holds an MFA in Writing as well as DePaul University, where he received a B.A. in English. His fiction and nonfiction have been published in a variety of print and online journals and magazines. To contact Pizzolato, email [email protected] The Week Ahead: Nearing the Forbearance Exit 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The National Association of Federally-Insured Credit Unions (NAFCU), with the support of Representative Bill Posey (R-Florida) and Denny Heck (D-Washington) reintroduced a bill that would require the National Credit Union Association (NCUA) to initiate a study on capital requirements for credit unions before finalizing the final risk-based capital (RCB) rule that is scheduled to go into effect on the first of January 2019.Regulatory burdens and costs associated with the NCUA ruling are one of the primary concerns of the RCB rule, according to the NACU.”NAFCU thanks Reps. Posey and Heck for reintroducing this important legislation that would help ensure that the NCUA, credit unions, Congress and others fully understand and comprehend the impacts this rule making will have on the industry,” said NAFCU Vice President of Legislative Affairs Brad Thaler. “Requiring further study of this rule will only benefit the credit union industry and ensure a fair and appropriate risk-based capital system is put into place.”The Risk Based Capital Study Act—officially designated H.R. 3736, would require the study to examine the following criteria: the agencies authority to issue a two-tier proposal, the ways in which RBC compares to banking requirements, the impact on credit unions capital cushions, and an explanation on the ways risks are weighted by the agency.If passed, the bill would delay the RBC rule 120 until after the report is reviewed by Congress, and allow greater capital resources for credit unions.You can read the full press release by the NAFCU here. The Best Markets For Residential Property Investors 2 days ago Subscribe H.R. 3736 NAFCU 2017-09-12 Joey Pizzolato September 12, 2017 1,238 Views last_img read more

[Disha Ravi Tool Kit Case] Media Cannot Disseminate Information In Sensationalized Manner: Delhi HC To Channel Editors, Directs Disha Not To Malign Police

first_imgTop Stories[Disha Ravi Tool Kit Case] Media Cannot Disseminate Information In Sensationalized Manner: Delhi HC To Channel Editors, Directs Disha Not To Malign Police Shreya Agarwal18 Feb 2021 11:46 PMShare This – xThe Delhi High Court has held that the recent coverage of the Toolkit case definitely shows there is sensationalized reporting by the media. A Bench of Justice Prathiba Singh directed editors of Times Now, India Today and News18 channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered.The observation was…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court has held that the recent coverage of the Toolkit case definitely shows there is sensationalized reporting by the media. A Bench of Justice Prathiba Singh directed editors of Times Now, India Today and News18 channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered.The observation was made while hearing the plea filed by Activist Disha Ravi seeking action against India Today, Times Now and News 18 for violative reporting in the Toolkit Case by allegedly running “one-sided” reports.Ravi had also sought to restrain Delhi Police from leaking any investigation material relating to the FIR filed against her in connection with the Toolkit case.”Right to privacy, the sovereignty and integrity of the country and the freedom of speech need to be balanced,” the High Court remarked on Friday.It also expressed reservation as to the veracity of the media reports as it noted that the Delhi Police has categorically denied sharing of any information with media houses.”While a journalist cannot be asked to reveal their source, the same has to be authentic. The Delhi Police claims that it has not leaked anything whereas the media claims to the contrary,” the Court said in its order.The Bench added,”While press briefings are held generally the media cannot disseminate the information in such a sensationalized manner.”The Court thus directed the channel editors to ensure that proper editorial control is exercised while disseminating information to ensure investigation is not hampered. However, the bench turned down the request made on behalf of Ravi for an interim stay order to restrain the reporting by the channels on the case.It also directed the Delhi Police to ensure the Office Memorandum issued by the Ministry of Home Affairs on 01.04.2010 titled- Advisory on Media Policy of Police for reporting on ongoing criminal cases, is abided by.A direction has also been made to ensure that Disha Ravi does not indulge into maligning the Delhi Police and other authorities.Meanwhile, time is granted to the Respondents to file their detailed affidavits.The Central Government (Ministry of Information and Broadcasting) was represented by ASG Chetan Sharma. The Delhi Police was represented by ASG SV Raju.Courtroom ExchangeBiased ReportingSenior Advocate Akhil Sibal, appearing for Disha Ravi, told the Court that the first relief that he seeks is a direction to all the respondents to desist from making any reference to the purported WhatsApp chats between Disha and Greta Thunberg.He submitted that one news channel, News18, had gone into detailed particulars of what questions were purportedly posed to Ravi and what answers she purportedly gave. He added that the IndiaToday channel ran even more detailed statements, with “in-built commentary”. “The narrative is that she panicked and tried to delete – all based on leaked material and details. Half-baked, speculative information about an ongoing investigation was being disseminated.”Sibal vehemently submitted that the Media must stick to and operate within the Programme Code.In this context, he referred to an Office Memorandum dated 01.04.2010, issued by the Ministry of Home Affairs’. The Memorandum is an Advisory on Media Policy of Police for reporting on ongoing criminal cases.”The stage of arrest is over, investigation is ongoing, and it will culminate in any final report. Where is the occasion to share anything then? Hence I seek the relief,” Sibal submitted.Responding to the allegations, Senior Advocate Hrishikesh Baruah appearing for IndiaToday submitted,”There is only one allegation against me. There was a digital write up, no news broadcast at all. Therefore, the Cable News Programme Code doesn’t apply to me.”Baruah added,”My article is of February 16th 2021, it is the admitted position of the Petitioner that the matter was out in the public domain by February 15th, therefore I haven’t violated her privacy.”Advocate Kunal Tandon appearing for Times Now channel submitted that Ravi cannot claim the right to privacy as the instant matter is of immense public importance; and as held by the Supreme Court in KS Puttaswamy v. Union of India, right to privacy is subservient to public interest.”Firstly, all the information was in the public domain, so we haven’t violated her right to privacy. Secondly, the Puttaswamy judgment too says that the right is subject to public interest,” Tandon argued.Opposing this, Sibal argued,”Public interest and interest of the public are not the same thing. They must not disclose anything from the case file which is not part of the public record…All we’re saying is till the filing of the chargesheet please don’t share case file record with the media.”Leaking information to mediaInter alia, Sibal sought a direction to the Delhi Police to not divulge any information relating to the investigation/ or any material which is part of the case file, to the media, until the filing of the chargesheet.”They must be restrained from divulging information related to the investigation of the case to the media,” he said.Sibal pointed out that on 14th February, the Twitter handle of Delhi Police was activated to tweet about Ravi’s arrest as a key conspirator in the Toolkit case. The Special Cell retweeted this.He added,”I am on the point that the FIR did not reflect any particular name. I was arrested in Bangalore, brought to Delhi, I deposed before the magistrate, no information was given to my lawyer about when I would be produced but the media was there in large numbers.On 15th, there was a press briefing and the news channels started disseminating what were purported WhatsApp chats… We have submitted videos with timestamps. In the press briefing on the other hand, the Police Commissioner said that highly incriminating evidence was found that Disha Ravi had disseminated the Toolkit and “coaxed Greta Thunberg” to post the same.”At this juncture, the High Court asked if it is their case that information has been “leaked”. “So what you’re saying that these have in fact been leaked out?” the Bench inquired.”There is no other explanation. Even while I was being produced before the magistrate, reports with details of interrogation, WhatsApp chats, purported confessional statements were being run,” Sibal responded.He added,”The police or any other agency cannot use the media till investigation is pending to subvert the process of justice, as this would weaken the presumption of innocence in favour of the accused.”The High Court then sought the ASG’s stance with respect to media claims that they received all the details from the Delhi Police.However, ASG Raju maintained that no information was leaked from their end. “Whatever the journalist is saying cannot be taken as the Gospel Truth. In fact, whatever is being reported also may not be true,” he responded.He blamed Ravi of defaming and vilifying the Delhi police, so as to put pressure on them.”It is a systematic attempt to blame the police and derail investigation. The police seized the phone on 13th, the messages were sent on 3rd. Why is she (Ravi) not questioning the people to whom the messages were sent? Why defame the Delhi Police?” Raju asked rhetorically.Maintainability of petitionASG Sharma (appearing for the I&B Ministry) submitted that the instant petition is premature as Ravi has not availed her alternate remedy by approaching the Ministry of Information and Broadcasting. He sought that the petition should be dismissed on this ground, as non-maintainable.Responding to this, Sibal argued that there is no remedy provided under the Cable TV Networks (Regulation) Act. “They say we have to make a representation, but there is no remedy. The Office Memorandum itself says that privacy has to be respected.”BackgroundThe Delhi High Court had on Thursday issued notice on a plea filed by Activist Disha Ravi seeking to restrain Delhi Police from leaking any investigation material relating to the FIR filed against her in connection with the Toolkit case.The High Court had directed the Delhi Police to file a counter affidavit in the matter by tomorrow morning and also took on record Solicitor General Tushar Mehta’s statement on behalf of Delhi Police that nothing has been leaked from their end.”There has been no leakage from our side, we can also file an affidavit. Nothing is being shared. This is a call for media attention,” the SG told the Bench.Senior Advocate Amit Sibal appearing for Ravi insisted that it is the Delhi Police which leaked confidential information of the criminal case to the media.”They can say whatever, but the facts speak otherwise. She was arrested on 13th, and material was seized by police… Media itself says that they have got records from police, how are they accessing these records?” Sibal submitted.He added,”This is a most unfortunate case where the media, in order to gain a few thousand TRPs, is trampling over the rights of the citizens.A 22 year old has been arrested, and it’s being called a call for media attention?”In her plea, Ravi had also sought action against India Today, Times Now and News 18 for violative reporting in the Toolkit Case by allegedly running “one-sided” reports. The High Court has issued notice to NBSA, TimesNow and News18. India Today was represented in the Court.Claiming that media houses, including Times Now, India Today and News 18 have published “one-sided defamatory, suggestive innuendos, and half-truths” about her in the Toolkit case, 22-year-old environment activist Disha Ravi who was arrested and sent for 5 days remand on allegations of involvement in the case earlier today had moved the Delhi High Court seeking to restrain Delhi Police from leaking any investigation material relating to the case filed against her by the PS Special Cell, including alleged contents of private chats/communication by her to any third party, including the media.The plea filed by Ravi sought directions to the Ministry of Information and Broadcasting seeking to take appropriate action against Times Now, India Today and News 18, and all other satellite TV channels allegedly reporting on the case in a manner which infringes Ravi’s right to privacy, and is “grossly violative of her right to a fair trial and presumption of innocence.” Ravi submitted that the illegal actions and omissions on part of the news channels has irrevocably violated her fundamental right to privacy, her right to reputation, her dignity, and the consequent effect of the administration of justice and right to fair trial – all guaranteed under Article 21 of the Constitution. She had therefore moved court seeking directions to restrain the channels from publishing such “visceral” content, including extracts of any alleged private chats (including WhatsApp chats) between her and third parties.Ravi’s writ petition specifically alleges that the Delhi State government, acting through the Station House Officer, Special Cell (SB), Delhi Police, “leaked investigative material” by way of her alleged “WhatsApp chats, the substance and details of which were only in the possession of the Investigating Agency.” The petition states that the 22-year old’s mobile phone and laptop were seized by the police on Feb 13 at around 11 am, after which the same have not been accessed by her at all. As such, only the police had access to the contents of Ravi’s private conversations and “any leaks of the same necessarily constitutes the commission of a cognizable offence and is a violation of her dignity, reputation, and fundamental right to privacy, guaranteed under Article 21 of the Constitution.”Referring to the leakage of Whatsapp chats between Disha Ravi and Swedish activist Greta Thunberg, the petition states that the further publication and dissemination of the private alleged WhatsApp chats by various media houses, including Times Now, News 18 and India Today, “is a clear violation of the provisions of the Cable Sections the Cable Televisions Networks (Regulation) Act, 1995 (CTN Act), the Programme Code and the Uplinking and Downlinking Guidelines.” Infact, the petition alleged that India Today had gone so far as to brazenly publicise that “India Today TV has accessed WhatsApp chats between Greta Thunberg and Disha Ravi” after the Swedish climate activist uploaded the original toolkit in support of the ongoing farmer protests but deleted it later, saying it was ‘outdated”. The channel then went on to showcase excerpts titled “WhatsApp Chat between Greta Thunberg, Disha Ravi”.Calling out the Delhi Police for tweets from the official handle of the department on Twitter, wherein it was stated that Ravi was a “key conspirator in the document (toolkit’s) formulation & dissemination. She started WhatsApp Group & collaborated to make the Toolkit doc. She worked closely with them to draft the Doc”; and that she had “collaborated with pro Khalistani Poetic Justice Foundation to spread disaffection against the Indian State”, the writ states that such tweets constitute an opinionated and judgmental statement and significantly impinge on the accused person’s right to privacy and fair trial, and are in violation of the Ministry of Home Affairs Office Memorandum dated 01.04.2010, issuing an “Advisory on Media Policy of Police”, as they outrightly prejudge Ravi’s guilt and “disclose confidential and prejudicial information about the status of investigation.”Edited by Akshita SaxenaClick Here To Download Order[Read Order]Next Storylast_img read more