The recent move by the Information and Broadcasting Ministry (I&B) to cancel the broadcasting license of a Malayalam-language news channel has brought the topic of content regulation in India under the spotlight. This article examines the scope, powers, and mechanisms of the I&B Ministry’s regulations on content across TV channels, radio, newspapers, magazines, theaters, and the internet in India.
Content Regulation: An Overview
Until 2021, the I&B Ministry held the authority to regulate content across all sectors, excluding the internet. Nevertheless, The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, expanded its regulatory purview over internet content, particularly on digital news platforms and Over the Top (OTT) platforms.
The I&B Ministry’s Powers: Case Studies
A vivid illustration of the I&B Ministry’s authority is visible in film-related instances. The Central Board of Film Certification (CBFC) is responsible for providing appropriate ratings for films based on their audience suitability. Still, there have been instances where CBFC suggests changes or cuts to a film before giving it a certification.
In relation to TV channels and OTT platforms, the government came up with a three-tier grievance redressal structure for viewers. Viewers can approach the channel, then a self-regulatory body of the industry, and finally the I&B Ministry. The ministry also operates the Electronic Media Monitoring Cell to monitor any violations of programming and advertising codes mentioned in the Cable TV Network Rules, 1994.
Content Regulation in Print Media and Websites
In the print sector, the government can suspend its advertising to a publication based on the recommendations of the Press Council of India. With the 2021 IT rules, the I&B Ministry can issue orders to ban websites based on their content.
Restrictions on Content
Although there are no explicit laws on content restrictions in print, electronic media, radio, films, or OTT platforms, content must adhere to the free speech rules of the country. As per Article 19(1) of the Constitution, while freedom of speech is protected, several “reasonable restrictions” are incorporated. Violations can result in punitive actions.
Involvement of Other Agencies in Regulatory Mechanism
While the power to regulate content rests primarily with the I&B Ministry, it relies on inputs from other ministries and intelligence agencies for sound decision making. In a recent instance, the licenses of a news channel were revoked due to denied security clearance from the Home Ministry. The I&B Ministry also adopts a new mechanism using its emergency powers under the new IT Rules to block certain YouTube channels and social media accounts based on inputs from intelligence agencies. Any appeal against such actions would be directed towards the courts.
