Has the time come to control Electronic Media sternly.?

S.Basavaraj, Advocate, Bangalore raj@dakshalegal.com

ಎಲೆಕ್ಟ್ರಾನಿಕ್ ಮಾಧ್ಯಮಗಳು ಅತ್ಯ೦ತ ಅಪಾಯಕಾರಿ ಮಟ್ಟಕ್ಕೆ ಇಳಿದಿವಿಯೆ? ಇವನ್ನು ಖಡಾಖ೦ಡಿತವಾಗಿ ನಿಯ೦ತ್ರಿಸುವ ಕಾಲ ಬ೦ದಿದೆಯೇ? ನಿಮ್ಮ ಅಭಿಪ್ರಾಯ ತಿಳಿಸಿ. Has the time come to control Electronic Media sternly.?

At no point of time in history, the electronic media had stooped to the level it has today. The recent news bombarding about Corona, fake claims, panic creation, exaggeration of innocuous events, political lobbying and the alleged extortion rackets have shown that the Electronic Media has reached a dangerous level.

The Press ie. Print Media It is regulated by Press Council of India, a mechanism for the Press to regulate itself. It is created under the Press Council Act, 1978. Section 13 says that the objects of PCI is, inter alia, to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards and to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship.

Press Council of India has powers to take disciplinary action against journalists as can be seen from Section 14 of the Act. On receipt of a complaint made to it or otherwise, if the Council has reason to believe that a newspaper or news agency has offended against the standards or journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be.

Press Trust of India Ltd., commonly known as PTI, is the largest news agency in India. PTI is a non- profit cooperative among more than 500 Indian newspapers in India. PTI has inbuilt guidelines.Electronic Media.

The electronic media is the most powerful media both because of its audio-visual impact, and its widest reach covering the section of the society where the print media does not reach.Today, electronic media is neither guided nor regulated in India. The Supreme Court in Cricket Broadcasting Case – Secretary, Ministry of Information and Broadcasting, Government of India v. Cricket Association of Bengal (AIR 1995 SC 1235) has said that there shall be a law controlling the electronic media. The Supreme Court held;

“124 (i)The airwaves or frequencies are a public property. Their use has to be controlled and regulated by a public authority in the interests of the public and to prevent the invasion of their rights. Since the electronic media involves the use of the airwaves, this factor creates an in- built restriction on its use as in the case of any other public property. [iii] The Central Government shall take immediate steps to establish an independent autonomous public authority representative of all sections and interests in the society to control and regulate the use of the airwaves.”

However, no law has been enacted in this regard so far. The Cable and Television Act was meant to regulate television channels when it was on cable. Over time, since we have moved to DTH – the licensee is required to take a permission/license from the Govt of India. While applying for such licence, they undertake to abide by the Cable Act – ie Programme Code and Advertising Code found in Sections 5&6 read with Rules 6 & 7. However there is no statutory mechanism other than this. There is an Inter Ministerial Committee which looks into complaints. However, there is no statutory mechanism.

Electronic media has become the most powerful tool of news assimilation. At the same time, there is total lack of accountability, transparency and responsibility. To achieve higher Television Rating Point TRP, Most notorious often fake headlines are being flashed throughout the day and night. There are allegations of extortion, political lobbying and character assassination for a price. Unless these Television channels, most of them private owned, are controlled and regulated, the unleashing of fake Armageddon will not stop.