SC to consider giving more ‘bite’ to media regulations, suggests raising the penalty

  • August 15, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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SC to consider giving more ‘bite’ to media regulations, suggests raising the penalty

Subject : Polity

Section: National body

Context

The Supreme Court noted that a ₹1 lakh fine is inadequate to discourage unethical conduct by TV channels and suggested a fine exceeding the show’s profits.

SC’s Stance on Media Regulation and Self-Regulation Mechanism

  • SC emphasizes effective self-regulation without government censorship.
  • A three-judge bench considers National Broadcasters and Digital Association (NBDA)’s appeal against the Bombay High Court’s (HC) comments.
  • High Court criticized the media’s coverage of the Sushant Singh Rajput case.

Concerns About Current Self-Regulation and Fines

  • Chief Justice questions the efficacy of current self-regulation.
  • Reference to sensationalism impacting criminal investigations.
  • Doubts raised about Rs 1 lakh fine deterrence.
  • The need for fines proportional to media profits was discussed.

Solicitor General’s Input and Regulatory Guidelines

  • Solicitor General highlights NBDA as one of several regulatory bodies.
  • Comprehensive ethical conduct guidelines proposed.
  • Upon Delhi High Court’s intervention, press officers were appointed for daily media briefings to curb unnecessary sensationalism.

Media Regulation in India

  • Press Council of India (PCI):
    • Established through the Press Council of India Act of 1978.
    • Led by a former Supreme Court judge.
    • Aims to protect press freedom and enhance newspaper and news agency standards.
    • Comprises 28 members including editors, senior journalists, media managers, and representatives from various entities like the Bar Council of India, UGC, Sahitya Akademi, Lok Sabha, and Rajya Sabha.
    • Notably, it leans towards executive authority.
  • Broadcasting Content Complaints Council (BCCC):
    • Addresses complaints about entertainment and general segment television programs.
    • Dedicated to regulating content and resolving viewer concerns.
  • News Broadcasters Federation:
    • Formed by those who departed from the NBA, with Republic TV’s Mr. Goswami playing a significant role.
  • News Broadcasting & Digital Standards Authority (NBDSA):
  • Independent body by News Broadcasters & Digital Association (NBDA), representing TV news, current affairs, and digital broadcasters.
  • NBDA is funded by 26 broadcasters (119 current affairs channels).
  • The Board of Directors includes senior members from Indian media.
  • Aims to unite and protect members’ freedom of speech and expression.

Functions and Powers:

  • Standards focus on objectivity, impartiality, discretion in reporting crimes, and national security.
  • Authority has a chairperson, experts in law, education, and news editors, nominated by the Board.
  • Initiates proceedings independently or in response to complaints.
  • “Two-tier” process for grievances:
    • approach the broadcaster first,
    • then file with Authority.
  • Within 14 days of the complaint, Authority notifies the broadcaster for an explanation.
  • Conducts inquiry with evidence and summoned individuals.
  • Unanswered complaints may be dismissed.
  • Can recommend license suspension/revocation.
  • Fines up to Rs. 1 lakh can be imposed and recovered from the broadcaster.

However, a closer examination of these bodies reveals challenges in effectively fulfilling their primary mandate of upholding freedom while adhering to agreed ethical and professional standards.

Polity SC to consider giving more ‘bite’ to media regulations