Regulation of Media
This research paper examines the critical role of media in India's democratic
framework, emphasizing its responsibility as the fourth pillar of democracy
alongside the executive, legislature, and judiciary. It explores the evolution
of media from colonial times through India's independence, highlighting its
transformative influence in advocating for social change and enhancing public
awareness.
The paper underscores the dichotomy between media freedom and the necessity for regulation, arguing that while media serves as a watchdog and a conduit for public opinion, the lack of effective regulatory mechanisms has led to ethical breaches and the proliferation of misinformation. Through an analysis of various media sectors-including print, broadcasting, and digital platforms-the paper identifies the challenges posed by minimal qualifications for journalists, fragmented regulatory frameworks, and the impact of commercial interests on content integrity.
It advocates for a structured regulatory approach to uphold ethical standards, enhance credibility, and ensure the media's role in fostering an informed citizenry. In conclusion, the paper calls for comprehensive legislation that balances media freedom with necessary oversight to address the complexities of modern media consumption while safeguarding democratic values.
Introduction
Media is being considered as the fourth Estate and fourth pillar of our Democratic society after the executive, legislature and judiciary. It has got enormous responsibilities so far as establishing a relationship between the Government and the governed. In the last few years we have witnessed an enhanced interface between the media and common man. It is the media, be print or electronic has become a part of our life and we, the people of India are heavily dependent on the media coverage.
Starting from issues relating to common man, their feelings, their necessities, their expectations and every aspect of their life are closely associated with the media. Media keep the people awakened and there is no denying the fact that it has become one of the major instruments of social change. In a democratic set up, it is the media which strengthens the democratic norms and values and also accelerates the pace of development.[1]
Importance Of Media
In the last few years media has seen and witnessed many ups and downs. During the British period the scenario was quiet different and in the beginning of twentieth century in the name of security of the State, people were denied the basic information and transparency in the process of governance was distant dream. During the freedom struggle the print media played a major role and it got a moral booster as we also know that most of our freedom fighters were well acquainted with journalistic knowledge and many of them were said to be jouranlists.
It greatly influenced the freedom movement. Subsequently with the attainment of independence, the role and responsibility of the media was enhanced and although it was controlled and owned by the State, the people got a natural freedom to express their own ideas. But during the Emergency, the activities of media was strongly regulated and harsh orders were issued against the media houses and their Independence was completely shattered. In the post Emergency period the media came out stronger and with the passage of each day it came much closer to the hearts of the common people and become their mouthpiece.
The social, political, cultural and economic scenario of the country were reflected in the newspapers which ultimately paved the way for strengthening the democracy and the Government of the people of India. In the aftermath of the Emergency the media along with providing information to the people started educating them. Now-a-days besides the print media, the electronic media particularly the television programmes telecast through cable network via satellite links has brought revolutionary changes in the field of news reporting and analysis.
In the process we could witness new developments and dimensions of news reporting and India is being considered as one of the leading countries which advanced to a great extent so far as information and technological development is considered.
With the development of information technology where information is equated with power and knowledge, the people witness much progress as there is dissemination of information to every corner of the country. The media works as the watchdog of the Government and carries every report of day-to -day happenings those are taking place around them. That much liberty has been granted to the media people by our Constitution and in fact an awakened and free media is essential for the smooth functioning of the Government. Not only that the economic development, the man society relationship and other aspects that affect the people, are being covered by the media. That is why we have become quiet habituated with the media and we cannot think our existence without the media people.[2]
Role Of Media
The media is an extremely powerful tool for communication; it dispels myths, corrects inaccurate or out-of-date information, and facilitates the creation of public opinion, which has the ability to influence global politics. The public has historically utilized the media as a tool to fight against feudal oppression. Globally, the media has been crucial in bringing feudal societies into the modern era; this effect is particularly noticeable in western countries.
India is on the brink of becoming a powerful nation today, and we have seen the efforts of both the current and previous governments to restore India's reputation as a developed country in the world, not just in terms of its economics but also in terms of its rich cultural history. India's accomplishments in science, technology, and the arts have been widely publicized thanks in large part to the media. Sadly, despite its many accomplishments, India is still classified as a developing country.[3]
It is a known fact that our country is 0.32 percent larger than Europe in terms of size and has a very complicated demographic makeup that varies by caste, class, and race. In such a scenario, upholding democratic standards and providing for all citizens of the country is a laborious task for the administrations, particularly in smaller villages and panchayats. Therefore, the only way to highlight the realities of rural India and serve as a conduit for their concerns is through media outlets, particularly small and medium-sized ones.
Small towns and rural communities deal with distinct issues than do larger areas. Smaller towns and villages are seeing rapid media development, thus it is their responsibility to meet local needs and close the divide between the rulers and the ruled.[4]
Due to casteism, communalism, persistent poverty, and other societal ills, rural India, which comprises 68.84 percent of the country's population, continues to struggle for survival. Indeed, a sizable portion of our populace still lacks literacy, is uninformed, and blindly adheres to antiquated beliefs and backward philosophies.[5]
In order to eradicate superstitions and false beliefs, such as honor killing, female foeticide, infanticide, and many other social evils, from the masses, the media, and particularly the press, must introduce modern ideas to residents of underdeveloped areas. This will help to transform their thought processes, eliminate backwardness, and include rural India in the enlightened India.[6]
Currently, it is essential for the media to address a wider range of social, cultural, and health-related topics to foster positive growth and well-being among individuals, while avoiding the promotion of outdated ideologies and beliefs that could regress India to less enlightened times. The media, along with art and literature in our country, should aim to assist people in reforming their perspectives by providing a rational framework and encouraging a critical mindset among the populace. Today, the media plays a crucial role in our lives, and we heavily rely on it for our daily news and opinions.[7]
The medium serves as a conduit for conveying information, concepts, and ideas to its audience-whether they are readers, listeners, or viewers. The rapid advancements in media, driven by continuous technological innovation, have simplified the broadcasting of news, thereby creating significant opportunities for the media to enhance societal development. Its responsibility encompasses informing, educating, and entertaining the public. It is important to acknowledge that the media exerts a considerable social and cultural influence on society; thus, it should function within and for the community, reflecting its positive aspects.[8]
Regulation Of Media
In the present era, the media serves as a structured means of spreading misinformation that is fueling communal unrest among people of India. Existing organizations such as the News Broadcasters Association and Broadcast Editor Association have undermined the concept of self-regulation, as their primary focus has shifted to maximizing profits through high TRP ratings.
It is evident that journalism is straying from its ethical guidelines due to insufficient regulations and oversight. Every profession has an ethical code, and those professions are governed by a regulating agency. For example, advocates are subject to regulation by the Bar Council of India, and the same regulatory body will punish an advocate who violates their professional ethical code. The similar issues arise with doctors who are overseen by the Medical Council of India. The absence of a similar regulatory body has led to journalists straying from their ethical standards, undermining the core values of journalism.
This paper will highlight various instances of false reporting by journalists that pose a threat to National Security and Integrity; for example, the author will address the case of "Mr. Kulbhushan Jadhav," which was publicized by The Quint and subsequently retracted due to questions regarding its credibility. Nevertheless, this article from The Quint was presented as undeniable fact in the International Court of Justice by Pakistan's Attorney General, which influenced the court's decision in favor of Pakistan, complicating the return of Mr. Jadhav.
Media freedom is regarded as one of the fundamental components of contemporary democratic systems. However, a pertinent question arises about whether this freedom should be absolute or if some limitations are necessary. In India, no freedom exists without limitations; nevertheless, the self-regulatory mechanisms of media have rendered it extremely powerful, contributing to the spread of misinformation by the media. There is often confusion between the concepts of regulation and control; what we require is regulation of the media, not control, as articulated by former Chairman of the Press Council of India, Hon'ble J. Markandey Katju. Regulation is a crucial aspect of democracy; it helps to ensure that the rule of law is upheld.[9]
Regulations preserve the moral and ethical standards of different occupations, organizations, and administrative tasks while also ensuring that an organization does not interfere with a country's ability to function. As a result of a professional mass communication school, journalists now run the media. There is an ethical code for any professional degree, and journalism is no exception. Because the current regulatory authorities lack the authority to control the media in a way that guarantees journalists do not employ unethical methods, corruption in the media is taking place as a result of their disassociation from their ethical code.
The reason for this is that the media regulatory bodies-the News Broadcasters Association-established self-regulatory News Broadcasting Standard Authority and the Press Council of India, which solely oversees press media-do not have the authority to punish. Understanding the level of punishment we may impose on the media-which falls under the purview of regulation rather than control-is essential to comprehending the penalization concept.
The Advocates Act of 1961 gives the BAR Association of India the authority to govern lawyers in India, which we shall use as an example to better comprehend this. For example, the BAR Association has the authority to suspend or completely revoke a lawyer's license to practice law if it is discovered that the lawyer engaged in unethical commercial practices. Because of the deterrent effect of this legislation, which is based on the principle of penalization, no lawyer will engage in any activity that violates their ethical code; if they do, they will be held accountable.
Need For Regulation Of Media
One of the fundamental components of the modern democratic system is thought to be media freedom. However, the question that emerges is whether this freedom must be unrestricted or if some limitations are necessary. No freedom in India is total, but the media's self-regulatory agencies have given it omnipotence, which has allowed the media to spread false information and plant the seeds of corruption. People tend to confuse the terms regulation and control. According to Hon. J. Markandey Katju, the former chairman of the Press Council of India, we need regulation of the media, not control. The rule of law is upheld by regulations, which are the most fundamental component of a democracy.[10]
Regulations preserve the moral and ethical standards of different occupations, organizations, and administrative tasks while also ensuring that an organization does not interfere with a country's ability to function. As a result of a professional mass communication school, journalists now run the media. There is an ethical code for any professional degree, and journalism is no exception. Because the current regulatory authorities lack the authority to control the media in a way that guarantees journalists do not employ unethical methods, corruption in the media is taking place as a result of their disassociation from their ethical code.[11]
The reason for this is that no licensing powers have been given to the media regulatory bodies, namely the Press Council of India (which regulates only news outlets) and the News Broadcasting Standards Authority (a self-regulatory body set up by the Indian Broadcasting Corporation), the Bureau of Information and Broadcasting. To understand the idea of penalties better, we need to understand to what extent sanctions can be imposed on media which is subject to regulation rather than control.[12]
The primary obstacle to the decline in the popular of journalism in India is the low qualifications required to end up a journalist. dear J., this is a superb idea. M. Katju allowed newshounds to practice professions like regulation, medication and teaching. this would have helped set up a trendy for the professional route and would have provided a shape of penalization provision as the same we discussed above. The structure of license of journalism as furnished via the committee of Shravan Garg and Rajeev Sabade, individuals of the press Council of India, and Ujwala Barve who is an companion professor of journalism at Pune university set up by using Hon'ble Justice himself at the capability of Chairperson of Press Council of India, supplied a primary structure that discussed the idea of exam for such license simply the same as regulation profession. The examination could were based on literature knowledge, analytical abilities etc.[13]
The initial barrier to the deterioration of journalism standards in India is the minimal qualifications needed to become a journalist. Dear J., this is an excellent suggestion. M. Katju permitted journalists to pursue careers in law, medicine, and education. This would have assisted in establishing a benchmark for the professional course and would have created a framework for penalization provisions similar to what we previously discussed.
The licensing framework for journalism, as proposed by the committee of Shravan Garg and Rajeev Sabade, members of the Press Council of India, along with Ujwala Barve, who serves as an associate professor of journalism at Pune University, was established by Hon'ble Justice in his role as Chairperson of the Press Council of India and offered a foundational framework that considered the idea of an examination for such a license, akin to that of the legal profession. The examination would have focused on knowledge of literature, analytical capabilities, and more.[14]
The second challenge is the absence of authoritative power to regulate the media sector. The Press Council of India faces a restriction on its ability to enforce the guidelines that have been established, and simultaneously, it is unable to penalize the news agency for breaching such guidelines. Another restriction is that the PCI only monitors the operations of press media, which encompasses newspapers, journals, magazines, and other types of print media. Current online news portals and e-news are outside its jurisdiction. In today's era, with the new generation preferring online news portals over conventional news sources, it raises the question of how we can regulate such an extensive medium in a manner that guarantees freedom of the media while simultaneously preventing the spread of fake news.[15]
The third and final obstacle that the author identifies is the existence of separate statutory laws pertaining to the media domain, such asThe Press and Registrations of Books Act 1867, The Press Council Act 1977, The Delivery of Books and Newspapers Act 1954, The Working Journalists and otherNewspaper Employees Act 1955, Advertising Laws under ASCI, etc. ; this fragmented authority to regulate the same subject leads to legal disruption as it creates a complex system that confuses the public in grasping which statutory law addresses various facets of the same subject matter law.
A straightforward solution to this issue is the Codification of all media laws. To comprehend codification, we must first grasp the meaning of code, which, according to its dictionary definition, is described as a systematic collection of statutes, creating a body of law that is organized to prevent inconsistency and overlap. For example, PCI provides guidelines solely for press media, while the News Broadcasting Standards Authority has established a code of ethics for television news outlets, resulting in a fragmented power structure concerning the same subject matter, which causes confusion regarding the implementation of such guidelines.[16]
Importance Of Media Regulation
Media regulation would encompass the regulation of the conduct, structure, or content of media. Regulation would forbid libel and defamation, would establish provisions regarding national security, obscenity, blasphemy, and sedition disseminated via the media, concerning the contents of films. Media regulation would additionally assist in safeguarding privacy laws, laws pertaining to intellectual property rights, and prohibitions against incitement to violence or racial hatred, pornography, and so forth.
The necessity for regulating the press is also significant in terms of moderating or overseeing the credibility of the information that is published. News that has been broadcast on television or printed in a newspaper must be factual and grounded in actual occurrences; it should be an equitable interpretation of the event and not merely a "point of view" of what has transpired.[17]
Furthermore, it is essential to manage media in order to guarantee cultural diversity within media content and to create a free space to voice a range of opinions and ideas without censorship. With the recent expansion of the Media and Entertainment sector, the utilization of the internet for media consumption has driven this growth. Recently, the OTT platforms provide tailored video content that is likely designed to meet the needs and preferences of individuals.
The material presented on this platform is significantly against ethical standards; there is a considerable amount of obscenity, vulgarity, content that may offend religious sentiments, and defamation, yet no actions can be taken since OTT platforms are not governed by any laws. Some specific laws or regulations must oversee this platform to ensure cultural diversity.[18]
Additionally, the board has the authority to deny certification for a film. In a recent case involvingPhantom Film Pvt. Ltd. and Anr vs. Central Board of Film Certification, the film "Udta Punjab"highlighted instances where the CBFC operated beyond its jurisdiction, ordering the removal of the names of Indian states from the film's title and also the excision of several swear words, along with the inexplicable removal of the dog's name, Jackie Chan.
The CBFC issued an 'A' certificate for the film, after which the film's producer contested the CBFC's decision in the Bombay High Court, seeking an 'A' certification without any imposed conditions or edits. The Bombay High Court reviewed each of the deletions requested by the CBFC, ruling that the film's content could not be deemed objectionable solely based on the portrayal of drug use or sales in a specific state or its political references, asserting that the narrative should be considered in its entirety.[27]
National Film Development Corporation (NFDC)was founded in 1980 with the objective of fostering quality cinema, producing and financing films, and distributing films internationally.
National Centre of films for Children's and Young People (CFSI)was set up in 1955, focusing on the production and distribution of films that fundamentally offer a safe and healthy atmosphere for children and young individuals.
OTT Platform
As OTT services lack regulation by any legal authority, they have significant freedom and showcase content with various forms of vulgarity. However, recently, OTT platforms such as (Hotstar, Voot, Netflix, Amazon Prime, etc.) have opted for self-regulation of online content via a voluntary code, particularly concerning language, violence, and sexual content.[28]
Conclusion
The fourth pillar of democracy is media. Its role is to provide the public with pertinent data and information concerning government policies, actions, and plans, which will contribute to the development of an informed society. Regrettably, the media has become significantly commercialized today. The content is chosen solely with the aim of maximizing profit.
Media-induced communal violence has become prevalent in the nation. To address this, the Supreme Court recently stressed the necessity of establishing a law on hate speech in the case ofAmish Devgan vs Union of India (2020).
The legislation governing digital media also requires attention. Copyrighted and pirated content is readily shared over platforms like Telegram. The effective regulation of digital media would necessitate these platforms to implement some proactive and efficient measures to eliminate unlawful content independently.
A comprehensive legislation encompassing all aspects to regulate online media without infringing on the rights protected under Articles 19(1)(a) and 19(1)(g) is urgently needed.
End Notes:
The paper underscores the dichotomy between media freedom and the necessity for regulation, arguing that while media serves as a watchdog and a conduit for public opinion, the lack of effective regulatory mechanisms has led to ethical breaches and the proliferation of misinformation. Through an analysis of various media sectors-including print, broadcasting, and digital platforms-the paper identifies the challenges posed by minimal qualifications for journalists, fragmented regulatory frameworks, and the impact of commercial interests on content integrity.
It advocates for a structured regulatory approach to uphold ethical standards, enhance credibility, and ensure the media's role in fostering an informed citizenry. In conclusion, the paper calls for comprehensive legislation that balances media freedom with necessary oversight to address the complexities of modern media consumption while safeguarding democratic values.
Introduction
Media is being considered as the fourth Estate and fourth pillar of our Democratic society after the executive, legislature and judiciary. It has got enormous responsibilities so far as establishing a relationship between the Government and the governed. In the last few years we have witnessed an enhanced interface between the media and common man. It is the media, be print or electronic has become a part of our life and we, the people of India are heavily dependent on the media coverage.
Starting from issues relating to common man, their feelings, their necessities, their expectations and every aspect of their life are closely associated with the media. Media keep the people awakened and there is no denying the fact that it has become one of the major instruments of social change. In a democratic set up, it is the media which strengthens the democratic norms and values and also accelerates the pace of development.[1]
Importance Of Media
In the last few years media has seen and witnessed many ups and downs. During the British period the scenario was quiet different and in the beginning of twentieth century in the name of security of the State, people were denied the basic information and transparency in the process of governance was distant dream. During the freedom struggle the print media played a major role and it got a moral booster as we also know that most of our freedom fighters were well acquainted with journalistic knowledge and many of them were said to be jouranlists.
It greatly influenced the freedom movement. Subsequently with the attainment of independence, the role and responsibility of the media was enhanced and although it was controlled and owned by the State, the people got a natural freedom to express their own ideas. But during the Emergency, the activities of media was strongly regulated and harsh orders were issued against the media houses and their Independence was completely shattered. In the post Emergency period the media came out stronger and with the passage of each day it came much closer to the hearts of the common people and become their mouthpiece.
The social, political, cultural and economic scenario of the country were reflected in the newspapers which ultimately paved the way for strengthening the democracy and the Government of the people of India. In the aftermath of the Emergency the media along with providing information to the people started educating them. Now-a-days besides the print media, the electronic media particularly the television programmes telecast through cable network via satellite links has brought revolutionary changes in the field of news reporting and analysis.
In the process we could witness new developments and dimensions of news reporting and India is being considered as one of the leading countries which advanced to a great extent so far as information and technological development is considered.
With the development of information technology where information is equated with power and knowledge, the people witness much progress as there is dissemination of information to every corner of the country. The media works as the watchdog of the Government and carries every report of day-to -day happenings those are taking place around them. That much liberty has been granted to the media people by our Constitution and in fact an awakened and free media is essential for the smooth functioning of the Government. Not only that the economic development, the man society relationship and other aspects that affect the people, are being covered by the media. That is why we have become quiet habituated with the media and we cannot think our existence without the media people.[2]
Role Of Media
The media is an extremely powerful tool for communication; it dispels myths, corrects inaccurate or out-of-date information, and facilitates the creation of public opinion, which has the ability to influence global politics. The public has historically utilized the media as a tool to fight against feudal oppression. Globally, the media has been crucial in bringing feudal societies into the modern era; this effect is particularly noticeable in western countries.
India is on the brink of becoming a powerful nation today, and we have seen the efforts of both the current and previous governments to restore India's reputation as a developed country in the world, not just in terms of its economics but also in terms of its rich cultural history. India's accomplishments in science, technology, and the arts have been widely publicized thanks in large part to the media. Sadly, despite its many accomplishments, India is still classified as a developing country.[3]
It is a known fact that our country is 0.32 percent larger than Europe in terms of size and has a very complicated demographic makeup that varies by caste, class, and race. In such a scenario, upholding democratic standards and providing for all citizens of the country is a laborious task for the administrations, particularly in smaller villages and panchayats. Therefore, the only way to highlight the realities of rural India and serve as a conduit for their concerns is through media outlets, particularly small and medium-sized ones.
Small towns and rural communities deal with distinct issues than do larger areas. Smaller towns and villages are seeing rapid media development, thus it is their responsibility to meet local needs and close the divide between the rulers and the ruled.[4]
Due to casteism, communalism, persistent poverty, and other societal ills, rural India, which comprises 68.84 percent of the country's population, continues to struggle for survival. Indeed, a sizable portion of our populace still lacks literacy, is uninformed, and blindly adheres to antiquated beliefs and backward philosophies.[5]
In order to eradicate superstitions and false beliefs, such as honor killing, female foeticide, infanticide, and many other social evils, from the masses, the media, and particularly the press, must introduce modern ideas to residents of underdeveloped areas. This will help to transform their thought processes, eliminate backwardness, and include rural India in the enlightened India.[6]
Currently, it is essential for the media to address a wider range of social, cultural, and health-related topics to foster positive growth and well-being among individuals, while avoiding the promotion of outdated ideologies and beliefs that could regress India to less enlightened times. The media, along with art and literature in our country, should aim to assist people in reforming their perspectives by providing a rational framework and encouraging a critical mindset among the populace. Today, the media plays a crucial role in our lives, and we heavily rely on it for our daily news and opinions.[7]
The medium serves as a conduit for conveying information, concepts, and ideas to its audience-whether they are readers, listeners, or viewers. The rapid advancements in media, driven by continuous technological innovation, have simplified the broadcasting of news, thereby creating significant opportunities for the media to enhance societal development. Its responsibility encompasses informing, educating, and entertaining the public. It is important to acknowledge that the media exerts a considerable social and cultural influence on society; thus, it should function within and for the community, reflecting its positive aspects.[8]
Regulation Of Media
In the present era, the media serves as a structured means of spreading misinformation that is fueling communal unrest among people of India. Existing organizations such as the News Broadcasters Association and Broadcast Editor Association have undermined the concept of self-regulation, as their primary focus has shifted to maximizing profits through high TRP ratings.
It is evident that journalism is straying from its ethical guidelines due to insufficient regulations and oversight. Every profession has an ethical code, and those professions are governed by a regulating agency. For example, advocates are subject to regulation by the Bar Council of India, and the same regulatory body will punish an advocate who violates their professional ethical code. The similar issues arise with doctors who are overseen by the Medical Council of India. The absence of a similar regulatory body has led to journalists straying from their ethical standards, undermining the core values of journalism.
This paper will highlight various instances of false reporting by journalists that pose a threat to National Security and Integrity; for example, the author will address the case of "Mr. Kulbhushan Jadhav," which was publicized by The Quint and subsequently retracted due to questions regarding its credibility. Nevertheless, this article from The Quint was presented as undeniable fact in the International Court of Justice by Pakistan's Attorney General, which influenced the court's decision in favor of Pakistan, complicating the return of Mr. Jadhav.
Media freedom is regarded as one of the fundamental components of contemporary democratic systems. However, a pertinent question arises about whether this freedom should be absolute or if some limitations are necessary. In India, no freedom exists without limitations; nevertheless, the self-regulatory mechanisms of media have rendered it extremely powerful, contributing to the spread of misinformation by the media. There is often confusion between the concepts of regulation and control; what we require is regulation of the media, not control, as articulated by former Chairman of the Press Council of India, Hon'ble J. Markandey Katju. Regulation is a crucial aspect of democracy; it helps to ensure that the rule of law is upheld.[9]
Regulations preserve the moral and ethical standards of different occupations, organizations, and administrative tasks while also ensuring that an organization does not interfere with a country's ability to function. As a result of a professional mass communication school, journalists now run the media. There is an ethical code for any professional degree, and journalism is no exception. Because the current regulatory authorities lack the authority to control the media in a way that guarantees journalists do not employ unethical methods, corruption in the media is taking place as a result of their disassociation from their ethical code.
The reason for this is that the media regulatory bodies-the News Broadcasters Association-established self-regulatory News Broadcasting Standard Authority and the Press Council of India, which solely oversees press media-do not have the authority to punish. Understanding the level of punishment we may impose on the media-which falls under the purview of regulation rather than control-is essential to comprehending the penalization concept.
The Advocates Act of 1961 gives the BAR Association of India the authority to govern lawyers in India, which we shall use as an example to better comprehend this. For example, the BAR Association has the authority to suspend or completely revoke a lawyer's license to practice law if it is discovered that the lawyer engaged in unethical commercial practices. Because of the deterrent effect of this legislation, which is based on the principle of penalization, no lawyer will engage in any activity that violates their ethical code; if they do, they will be held accountable.
Need For Regulation Of Media
One of the fundamental components of the modern democratic system is thought to be media freedom. However, the question that emerges is whether this freedom must be unrestricted or if some limitations are necessary. No freedom in India is total, but the media's self-regulatory agencies have given it omnipotence, which has allowed the media to spread false information and plant the seeds of corruption. People tend to confuse the terms regulation and control. According to Hon. J. Markandey Katju, the former chairman of the Press Council of India, we need regulation of the media, not control. The rule of law is upheld by regulations, which are the most fundamental component of a democracy.[10]
Regulations preserve the moral and ethical standards of different occupations, organizations, and administrative tasks while also ensuring that an organization does not interfere with a country's ability to function. As a result of a professional mass communication school, journalists now run the media. There is an ethical code for any professional degree, and journalism is no exception. Because the current regulatory authorities lack the authority to control the media in a way that guarantees journalists do not employ unethical methods, corruption in the media is taking place as a result of their disassociation from their ethical code.[11]
The reason for this is that no licensing powers have been given to the media regulatory bodies, namely the Press Council of India (which regulates only news outlets) and the News Broadcasting Standards Authority (a self-regulatory body set up by the Indian Broadcasting Corporation), the Bureau of Information and Broadcasting. To understand the idea of penalties better, we need to understand to what extent sanctions can be imposed on media which is subject to regulation rather than control.[12]
The primary obstacle to the decline in the popular of journalism in India is the low qualifications required to end up a journalist. dear J., this is a superb idea. M. Katju allowed newshounds to practice professions like regulation, medication and teaching. this would have helped set up a trendy for the professional route and would have provided a shape of penalization provision as the same we discussed above. The structure of license of journalism as furnished via the committee of Shravan Garg and Rajeev Sabade, individuals of the press Council of India, and Ujwala Barve who is an companion professor of journalism at Pune university set up by using Hon'ble Justice himself at the capability of Chairperson of Press Council of India, supplied a primary structure that discussed the idea of exam for such license simply the same as regulation profession. The examination could were based on literature knowledge, analytical abilities etc.[13]
The initial barrier to the deterioration of journalism standards in India is the minimal qualifications needed to become a journalist. Dear J., this is an excellent suggestion. M. Katju permitted journalists to pursue careers in law, medicine, and education. This would have assisted in establishing a benchmark for the professional course and would have created a framework for penalization provisions similar to what we previously discussed.
The licensing framework for journalism, as proposed by the committee of Shravan Garg and Rajeev Sabade, members of the Press Council of India, along with Ujwala Barve, who serves as an associate professor of journalism at Pune University, was established by Hon'ble Justice in his role as Chairperson of the Press Council of India and offered a foundational framework that considered the idea of an examination for such a license, akin to that of the legal profession. The examination would have focused on knowledge of literature, analytical capabilities, and more.[14]
The second challenge is the absence of authoritative power to regulate the media sector. The Press Council of India faces a restriction on its ability to enforce the guidelines that have been established, and simultaneously, it is unable to penalize the news agency for breaching such guidelines. Another restriction is that the PCI only monitors the operations of press media, which encompasses newspapers, journals, magazines, and other types of print media. Current online news portals and e-news are outside its jurisdiction. In today's era, with the new generation preferring online news portals over conventional news sources, it raises the question of how we can regulate such an extensive medium in a manner that guarantees freedom of the media while simultaneously preventing the spread of fake news.[15]
The third and final obstacle that the author identifies is the existence of separate statutory laws pertaining to the media domain, such asThe Press and Registrations of Books Act 1867, The Press Council Act 1977, The Delivery of Books and Newspapers Act 1954, The Working Journalists and otherNewspaper Employees Act 1955, Advertising Laws under ASCI, etc. ; this fragmented authority to regulate the same subject leads to legal disruption as it creates a complex system that confuses the public in grasping which statutory law addresses various facets of the same subject matter law.
A straightforward solution to this issue is the Codification of all media laws. To comprehend codification, we must first grasp the meaning of code, which, according to its dictionary definition, is described as a systematic collection of statutes, creating a body of law that is organized to prevent inconsistency and overlap. For example, PCI provides guidelines solely for press media, while the News Broadcasting Standards Authority has established a code of ethics for television news outlets, resulting in a fragmented power structure concerning the same subject matter, which causes confusion regarding the implementation of such guidelines.[16]
Importance Of Media Regulation
Media regulation would encompass the regulation of the conduct, structure, or content of media. Regulation would forbid libel and defamation, would establish provisions regarding national security, obscenity, blasphemy, and sedition disseminated via the media, concerning the contents of films. Media regulation would additionally assist in safeguarding privacy laws, laws pertaining to intellectual property rights, and prohibitions against incitement to violence or racial hatred, pornography, and so forth.
The necessity for regulating the press is also significant in terms of moderating or overseeing the credibility of the information that is published. News that has been broadcast on television or printed in a newspaper must be factual and grounded in actual occurrences; it should be an equitable interpretation of the event and not merely a "point of view" of what has transpired.[17]
Furthermore, it is essential to manage media in order to guarantee cultural diversity within media content and to create a free space to voice a range of opinions and ideas without censorship. With the recent expansion of the Media and Entertainment sector, the utilization of the internet for media consumption has driven this growth. Recently, the OTT platforms provide tailored video content that is likely designed to meet the needs and preferences of individuals.
The material presented on this platform is significantly against ethical standards; there is a considerable amount of obscenity, vulgarity, content that may offend religious sentiments, and defamation, yet no actions can be taken since OTT platforms are not governed by any laws. Some specific laws or regulations must oversee this platform to ensure cultural diversity.[18]
Government Control Over Media
Media in India operates under self-regulation. The government has limited influence over the media, with a few exceptions. It varies based on the type of media in question. Media in India is generally categorized into five main sections:- Print Media (special reference to newspaper)
- Broadcasting (radio including)
- Telecommunication and cable including television
- Films
- OTT platforms
Print Media - Newspaper
Generally, newspapers and magazines are not subject to government regulation. The Press Council of India is a quasi-judicial entity established by parliament that oversees print media in India. Its primary goal is to enhance and uphold the standards of newspapers and news agencies while safeguarding press freedom. However, it lacks the authority to enforce penalties. Additionally, other laws address the regulations applied to print media, including:- The Press and Registration of Books Act, 1867, enacted during British rule, allows the government to penalize publishers for content that is:
- Derogatory
- Explicit
- Unethical
- Misleading
- Threatening national security and sovereignty
Telecommunication And Cable - Television
Government regulated Television arrived in India in 1969, and at that time, the government managed it and aired only those programs that could educate, entertain, and inform the populace. Doordarshan, together with AIR, is entirely under government oversight, functioning as a department within the Ministry of Information and Broadcasting. All programs were broadcast on the Doordarshan channel, which was regulated by the government. Subsequently, with the enactment of the Prasar Bharati Act in 1990, Doordarshan and AIR gained autonomy in 1997. Private ownership In the early 1990s, the government encountered financial difficulties, which led to the emergence of private channels that eventually evolved into companies and began generating substantial profits. Yet, simultaneously, the quality of the programs began to decline, creating a perceived need for regulation. Private channels:- United to suggest self-imposed guidelines instead of enforced laws
- Committed to adhering to the guidelines
- Cable Television Networks (Regulation) Act, 1995
- Telecom Regulatory Authority of India Act, 1997
- Policy Guidelines for Downlinking of Television Channels
- Guidelines for obtaining DTH licenses
Broadcasting - Radio
Government regulated (All India Radio) With the dissolution of the Indian Broadcasting Company in 1930, the Indian government began overseeing radio broadcasting. Initially referred to as All India Radio in 1936, it was renamed Akashvani in 1957. Following the Prasar Bharati Act of 1990, AIR gained independence and became an independent organization free from government control. Private radio broadcasting Private broadcasters range from multinational corporations to small local FM stations, generating significant profits. In 1999, the government authorized the creation of 150 private FM radio stations to cater to the widespread presence of radios in homes.Films
The film industry in India operates with complete freedom and independence. Filmmakers have the liberty to create their films according to their vision. However, the government's oversight extends to the distribution networks for films. The Central Board of Film Certification (CBFC) functions as a statutory body for film certification within the Ministry of Information and Broadcasting. The CBFC's primary responsibility is to oversee the public screening of films in theaters by issuing certificates, rather than engaging in censorship of content under the Cinematography Act of 1952. The CBFC issues four types of certificates:- U: Unrestricted public exhibition
- U/A: Parental guidance suggested for children below 12 years
- A: Restricted to adult audiences
- S: Restricted to a specialized group of individuals, such as engineers, doctors, or scientists
Additionally, the board has the authority to deny certification for a film. In a recent case involvingPhantom Film Pvt. Ltd. and Anr vs. Central Board of Film Certification, the film "Udta Punjab"highlighted instances where the CBFC operated beyond its jurisdiction, ordering the removal of the names of Indian states from the film's title and also the excision of several swear words, along with the inexplicable removal of the dog's name, Jackie Chan.
The CBFC issued an 'A' certificate for the film, after which the film's producer contested the CBFC's decision in the Bombay High Court, seeking an 'A' certification without any imposed conditions or edits. The Bombay High Court reviewed each of the deletions requested by the CBFC, ruling that the film's content could not be deemed objectionable solely based on the portrayal of drug use or sales in a specific state or its political references, asserting that the narrative should be considered in its entirety.[27]
National Film Development Corporation (NFDC)was founded in 1980 with the objective of fostering quality cinema, producing and financing films, and distributing films internationally.
National Centre of films for Children's and Young People (CFSI)was set up in 1955, focusing on the production and distribution of films that fundamentally offer a safe and healthy atmosphere for children and young individuals.
OTT Platform
As OTT services lack regulation by any legal authority, they have significant freedom and showcase content with various forms of vulgarity. However, recently, OTT platforms such as (Hotstar, Voot, Netflix, Amazon Prime, etc.) have opted for self-regulation of online content via a voluntary code, particularly concerning language, violence, and sexual content.[28]
Conclusion
The fourth pillar of democracy is media. Its role is to provide the public with pertinent data and information concerning government policies, actions, and plans, which will contribute to the development of an informed society. Regrettably, the media has become significantly commercialized today. The content is chosen solely with the aim of maximizing profit.
Media-induced communal violence has become prevalent in the nation. To address this, the Supreme Court recently stressed the necessity of establishing a law on hate speech in the case ofAmish Devgan vs Union of India (2020).
The legislation governing digital media also requires attention. Copyrighted and pirated content is readily shared over platforms like Telegram. The effective regulation of digital media would necessitate these platforms to implement some proactive and efficient measures to eliminate unlawful content independently.
A comprehensive legislation encompassing all aspects to regulate online media without infringing on the rights protected under Articles 19(1)(a) and 19(1)(g) is urgently needed.
End Notes:
- Media law by Dr. Sukanta K. Nanda (page no. 1)
- Media law by Dr. Sukanta K. Nanda (page no. 2)
- https://www.presscouncil.nic.in/Pdf/MEFI_46th.pdf
- https://www.presscouncil.nic.in/Pdf/MEFI_46th.pdf
- https://www.presscouncil.nic.in/Pdf/MEFI_46th.pdf
- https://www.presscouncil.nic.in/Pdf/MEFI_46th.pdf
- https://www.presscouncil.nic.in/Pdf/MEFI_46th.pdf
- https://www.presscouncil.nic.in/Pdf/MEFI_46th.pdf
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/need-regulations-media/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
- https://blog.ipleaders.in/importance-media-regulatory-framework/
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