Media in India has a long history, driven over the years by large-scale
digitization and higher Internet usage. Laws relating to media self-censorship
are deeply rooted in India's legal tradition and the British colonial era. The
earliest regulations relating to media censorship can be traced back to 1799,
when the then Governor General, (Marquis of Wellesley) introduced the first
regulations to regulate the press in India.
Today India has many laws, rules,
regulations, guidelines and policies related to it, due to so many rules and
regulations India appears to be a highly 'legislative country'. However, these
laws and regulations in the area of media monopoly and media concentration are
largely inconsistent, disorganized, inadequate, and largely ineffective.
Although, many laws have either been enacted or are retained with some
modifications from the colonial era laws, which affect the free speech of the
media. Such as India's Anti-Espionage Act, called the Official Secrets Act. The
purpose of this Act in the colonial era was to ensure state secrecy.
Significantly, Media regulation is required in India to ensure a dynamic and
diverse media landscape.
Both public interests, such as media plurality and
diversity, and freedom of speech and expression, particularly press freedom, are
protected in the country. Significantly, regulators are finding it increasingly
difficult to effectively enforce laws and regulations due to obstacles such as
media liberalisation, privatisation, globalisation and the changing ways that
audiences interact with it.
Nonetheless, the commercialisation and privatisation of the communication
industries pose a serious threat to democratic principles in India. The media,
including mass media, community media, and small and medium-sized media outlets,
play a significant role in achieving and exercising the right to freedom of
speech and expression. It is enforced by law, rules, or procedures that vary
around the globe.
Mass media regulation primarily targets the press, radio, and
television, but it may also include film, recorded music, cable, satellite,
storage and distribution technology, the internet, mobile phones, and so on.
According to Mike Feintuck's book (2006) titled, "Media Regulation, Public
Interest, and the Law," claims about 'citizenship' must be recognised as the
foundation and endpoint of the regulatory effort if regulators are to
successfully safeguard these values.
Several authors, for instance, Battistoni et. al. (2006) recommended that
regulators should continually assess not only the kind of rules different
regulatory bodies require but also if competition is already established,
whether fewer rules might make sense. They note that regulations are hard to
remove or reduce, but doing so may be necessary to stimulate innovation and
growth.
Different aspects of the media landscape can be regulated in a variety
of ways, including self-regulation, in which news organisations develop their
own regulations, and statutory regulation, which is enforceable by law. In
India, the Ministry of Information and Broadcasting (MIB), which is backed by
statutory bodies, autonomous organisations, subordinate organisations, and
public sector undertakings, regulates the media and entertainment sector.
The Press and Registration of Books Act of 1867 and the Registration of
Newspapers Act of 1956 give the MIB authority over print media in the country.
The Telecom Regulatory Authority of India (TRAI) is in charge of establishing
the general regulatory framework for broadcasting as well as cable quality of
service and tariff aspects.
The Ministry of Electronics and Information
Technology oversees digital media in part. The News Broadcasting Standards
Authority (NBSA) is the self-regulatory body for television media, while the
Press Council of India (PCI) is the self-regulatory body for print media.
It was established in 1966 under the Indian Press Council Act of 1965, following
the recommendations of the first Press Commission, The Press Council of India's
objectives, as stated in Section 13 of the Act, are to preserve press freedom
and to maintain and improve the standards of Indian newspapers as well as news
agencies.
However, the Indian Constitution guarantees press freedom, but there
are some limitations, including laws against defamation, protections for
whistleblowers, obstacles to information access, and hostility towards the press
by the public and the government.
Awareness to Regulations
Dr. Ritwik Ghosh (2023), research scholar at the School of Journalism and Mass
Communication (SJMC) at K. R. Mangalam University (KRMU), recently defended his
Ph.D. thesis titled "Fake News on Social Media: Awareness, Interventions, and
Regulations in India." The study focuses on media awareness, combating fake
news, and its regulations.
Several significant conclusions have been drawn from
the analysis of data gathered from media students across the nation regarding
their degree of awareness level about fake news on social media. From the
perspective of awareness, as per the practicing media professionals the Indian
media students are not adequately prepared to combat fake news.
Therefore, media and 'digital literacy' must be taught as a required major
course in order to give students the knowledge, skills, and ethics they need to
deal with the problems caused by false information or fake news in the media
sphere. Additionally, media educators need to be better equipped to teach 'media
literacy', very significant to have a better connection of academics with the
industry.
Despite the students claiming to have knowledge about fake news, the
study's outcomes indicate a lack of understanding and proficiency in this
critical area, the study remarked.
In the context of regulation, the laws and regulations that are currently in
place in India to deal with fake news on social media are not strictly enforced.
The study indicates that there is a deficiency in strong implementation, which
leads to a restricted efficacy in preventing the dissemination of false
information.
This shows that in order to effectively combat fake news, more
resources must be allocated and enforcement mechanisms strengthened. It also
implies that, even with an established legal framework, better coordination and
cooperation between the judiciary, law enforcement, and social media platforms
are necessary for the successful application of the law.
As per the study, Regarding the subjective norms constructed among Indian media
students, the analysis provides several important recommendations. The study
stated that these results provide insight into the elements that influence the
development of subjective norms among media students and take account of the
nature of social media usage, peer recommendations, media influence, the effects
of social media algorithms, and the cultivation theory, the study remarked.
Following the same, the findings from survey questionnaires and in-depth
interviews of the practicing media professionals, suggests that the media
students in India are not adequately prepared to tackle fake news when they
enter the industry as professionals.
The study results shed light on how media students form their attitudes and
think about fake news, taking into consideration a series of significant
determinants such as family backgrounds, personality types, preferred content,
and social media post interaction patterns. According to his study, these
elements determine the degree and impact of confirmation bias, collective
illusion, suspension of disbelief, echo chamber, and filter bubble, all of which
are significant in determining whether or not fake news can be believed, the
study remarked.
Towards Effective Self-Regulation
According to the applicable laws, websites, blogs, social media platforms, and
video platforms such as YouTube and Social Media serve as a means of
communication for two or more people, hence they are referred to as
"intermediaries." In the context of above, Section 69 of the Information
Technology Act, 2000 and its corresponding rules, known as the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules 2021
(henceforth referred to as IT Rules, 2021), govern these.
Significantly, In order to guarantee moral behaviour and responsible reporting,
the Supreme Court of India has underlined the significance of strengthening the
self-regulatory systems that television networks have implemented. The News
Broadcasters and Digital Association (NBDA) filed an appeal with the court,
contesting statements made by the Bombay High Court regarding the efficacy of
self-regulation.
The Bombay High Court expressed disapproval of media trials and noted that the
current self-regulatory frameworks did not have the same characteristics as
statutory frameworks. The Court recognised the importance of preventing
government pre- or post-censorship while upholding moral standards in media
representation. The court supported media outlets' efforts to self-regulate, but
stressed that these systems ought to be more successful in discouraging
unethical behaviour.
Current Approach of Government Regulations
The dominant trend in the regulation of mass media in India over the past few
years has been increasing government control over the Internet and social media.
- The Indian government has ordered that all online news, social media and video streaming platforms such as Netflix and Amazon Prime are to be subject to state regulation, raising fears of increased censorship of digital media.
- The Ministry of Information and Broadcasting, which regulates and censors print newspapers, television, films and theater, will also have jurisdiction, under the new order, over digital news and entertainment platforms in India.
- The inclusion of online news portals in the order was also seen as concerning, and part of continuing government moves to bring online news under its control.
- Social media sites such as Facebook and Twitter (X) will also be subject to regulation, though it is unclear how this will be enforced.
- Central Government has issued an advisory to social media intermediaries to identify misinformation and deep fakes etc.
It is noteworthy that on November 7, 2023, the Union Government has issued an
advisory to social media intermediaries to identify misinformation and deep
fakes and a direction has been passed to remove any such content within 36 hours
of reporting it. Under this, social media intermediaries were reminded that any
failure to act in accordance with the relevant provisions of the IT Act and
Rules would attract Rule 7 of the IT Rules, 2021 and the organization would be
liable to lose the protection available under Section 79(1) of the Information
Technology Act Can be made liable for. It gives the aggrieved persons the right
to approach the court under the provisions of the Indian Penal Code (IPC).
Therefore, it is important that platforms take proactive steps to combat this
threat. Meanwhile, Shri Rajiv Chandrashekhar, Union Minister of State for Skill
Development and Entrepreneurship and IT said, "The security and trust of our
digital citizens is our unwavering commitment and top priority for the Narendra
Modi government.
Given the significant challenges posed by misinformation and deep fakes in
India, The Ministry of Electronics and Information Technology has issued the
second advisory within the last six months, calling on online platforms to take
decisive action against the spread of deep fakes".
Towards Solution
In India, fake news is a big menace, especially in the fields of politics,
religion, and health, where false information can have disastrous effects on the
nation. As has been noted, there are occasionally fake news leaks in the
mainstream media. It is important that media professionals become more
knowledgeable and aware about fake news, and that additional workshops and
training programs be arranged.
Thus, it is essential to assess the ability of Indian media students to deal
with fake news and to prepare them for it so that, when they join the industry
as professionals, they know how to deal with it and won't make mistakes. It
would be better to train media students before they enter the field or industry.
The results of the concerned study will be helpful in providing outlines and
recommendations for how Indian media students can effectively prepare to deal
with fake news. According to researchers, this research does not provide a
comparison between the preparedness of media students in India and other
countries. It only focuses on media students in India and does not include media
teachers who train the students.
The concerned research on fake news has presented a new model to the government,
policy makers and the entire media world to stop the spread of fake news, using
which fake news can be curbed in future and it is very useful for Digital India.
Thus, this research paves the way from awareness to regulation to avoid fake
news.
Consequently, it is very important to assess and prepare media students for
their ability to deal with fake news, so that when they join the industry or
media world as professionals, they know how to deal with it. The media and
entertainment industry in India can be broadly classified into print,
cinematograph film, broadcast and digital media.
Each of these categories is regulated by the Ministry of Information and
Broadcasting (MIB), aided and supported in its activities by subordinate
organisations, autonomous organisations, statutory bodies and public sector
undertakings. However, there is no law mandating registration or obtaining a
license for the purpose of broadcasting through OTT. Only the content is
regulated under the provisions of the Intermediary Guidelines.
Written By: Trilok Singh, Founder & CEO of Youth Darpan Media,
IASMind.com, and Post A2Z Social Media Platform/Apps/Messenger, and Micro BlogIN
(Microblogging Platform). Masters in Political Science from Kirori Mal College,
University of Delhi. Masters in Journalism & Mass Communication from Galgotias
University. Currently, Pursuing Ph.D. in Journalism and Mass Communication from
K. R. Mangalam University (KRMU) and Serving as an Faculty Member (IRF).
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