The Supreme Court of India (SC) has expressed its concern over the lack of discipline and accountability among TV news channels. It has proposed that stronger self-regulation is necessary. The SC called upon the News Broadcasters and Digital Association (NBDA) and the News Broadcasters Federation (NBF), to suggest ways to enhance the mechanism for dealing with errant channels. The focus on this issue began with NBDA’s appeal against the Bombay High Court’s decision to deny legal recognition to the self-regulatory mechanism used by news channel associations.
Identifying Current Issues with Self-Regulation Mechanism
The emphasis on protecting the freedom of speech and expression, in accordance with Article 19(1)(a) of the Constitution, is fundamental. However, striking a balance between ensuring accountability and discipline among news channels and this right has proven to be challenging. The present self-regulation mechanism of TV news channels is based on guidelines provided by NBDA and NBF, which are voluntary associations. The NBDA, under the oversight of the News Broadcasting Standards Authority (NBSA), can impose a penalty of ₹ 1 lakh for violations. However, these fines may not be seen as sufficient, causing channels to continue unethical or sensationalized reporting. Meanwhile, the NBF, representing half of the news broadcasters, hasn’t framed any regulation yet and isn’t registered with the government, causing issues with rule-breaking.
Registration, Recognition, and Monopolistic Concerns
In 2021, the government’s Cable Television Networks (CTN) Amendment Rules mandated the registration of self-regulatory bodies. NBSA declined to register whereas the Professional News Broadcasters Standards Authority (PNBSA) registered itself, making it the only statutorily recognised self regulatory body. There are concerns of monopolistic control over the complaints redressal mechanism by bodies like NBDA which can bypass government or statutory oversight.
Implications of the Case
This case will directly impact TV news channels, many of which face allegations and complaints for violating journalistic norms and ethics, such as spreading misinformation, sensationalism, hate speech, and defamation. Depending on the case’s outcome, these channels may face stricter regulations and penalties, or continue to function with their current immunity and autonomy.
Role of Regulatory Bodies in India
The Ministry of Information and Broadcasting (MIB) disseminates information about government policies and programs, regulating print media through its Information Wing. The apex body for regulating print media in India is the Press Council of India (PCI). The Central Board of Film Certification (CBFC), established by the Cinematographic Act of 1952, regulates film certification and public exhibition. Meanwhile, advertising standards are overseen by the Advertising Standards Council of India, a self-regulatory body.
Digital Media and UPSC Civil Services Examination Questions
Digital media is regulated under the Information Technology Act, 2000 and the rules framed therein under section 69. These are known as Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules 2021 (from now on, IT Rules, 2021).
The UPSC Civil Services Examination has previously asked questions relating to digital media’s role in religious indoctrination (2016) and the security implications connected to social networking sites (2013). The influence and effect of digital media on these aspects underline its growing significance.
