Regulation of Electronic Media

by Abha Kashyap Managing Patner

In the recent times debate regarding regulation of electronic media has taken precedence on the global stage. Online broadcasting channels are on the rise and the world is grappling with the phenomena of fake news, sensational reporting & hate speech. In lieu of the ongoing debate a Public Interest Litigation (PIL) was filed before the Supreme Court of India seeking to protect the right to live with dignity under Article 21 of the Constitution of India and direction to establish an independent authority to regulate the electronic media- Broadcast Regulatory Authority of India.

The PIL has been filed by Delhi based advocate, Reepak Kansal through AOR Harisha SR who bases his request on the grounds of new trends of media trials, increasing influence of social media upon general public. The PIL also contests that the already established Press Council of India does not cover the ambit of electronic broadcasting channels and unregulated channels are jeopardising the foundation of unity & integrity of India and its sovereignty, socialism, secularism and democracy.

The Petition further stresses rising concerns regarding use of derogatory language by news anchor while giving an example of Arnab Goswami. The petition also pointed out that the anchors and reporters of electronic channels are not covered under the definition provided in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.

The petition has also pointed out to the court that India’s ranking upon RSF’s 2019 World Press Freedom Index declined due to the illegal activities under the name of journalism by unregulated broadcasting channels.

A similar step was taken by the Indian government when a bill, namely Broadcasting Services and Regulations Bill was introduced in 2006 seeking establishment of a separate broadcast regulator but was not passed.

The prayers of the PIL are being further justified by the need to control and limit the negative facets of journalism that are becoming evident since the birth of electronic media. While hearing the PIL on 7th August 2020, Supreme Court bench consisting Chief Justice SA Bobde, Justice AS Bopanna and V Ramasubramanian issued a notice seeking Centre’s reply and directions to arrange an impartial authority to manage and facilitate broadcasting services in the country. The matter has been listed for next hearing after four weeks and the response of the Centre has to be filed within these four weeks.

The filing and possible admittance of the petition has driven the issue of unregulated electronic media to forefront. The debate is more prominent than ever with increasing overall impact of such media contents on people and administration of justice. The need is felt but would be able to meet the need judiciously and efficiently.

Originally posted on www.kpalegal.com on 22th August 2020