Drawing a Red Line

CONTEXT: Recently, The Supreme Court came down heavily on a TV broadcast, underlining the need for laying-down clear guidelines, and their effective implementation for the media against hate speech. 

Possible forms of regulations and associated issues:

• Government regulation: Government regulations are not desirable as these could interfere with the freedom of speech and expression enshrined in the Constitution (Article 19).
• The Information and Broadcasting Ministry issued a circular in April 2018,  cancelling the licence of a journalist spreading fake news, was withdrawn due to public outcry.
• Provisions within the Cable Television Network Rules of 1994, the Cable Television Networks (Regulation) Act of 1995, gave power to the government to block transmission and retransmission of any channel in the country. 
• Self-regulation: is easier said than done and remains a pipe-dream in India.
• Independent Regulation: in the form of the Supreme Court’s guidelines has increased the burden on the judiciary.
• The Press Council model is an equal failure, spineless and toothless, despite a retired SC judge heading it. 
• Self-cum-independent Regulation: : The News Broadcasters Association (NBA), which was set up in 2008 is a private association of news broadcasters.
• Objective: to foster high standards, ethics and practices in news broadcasting and take action against defaulters.
• It consists of four representatives from among media editors and an equal number of independent members of eminence, besides the chairman.
• Success: Its role has been acknowledged by the Ministry of Information and Broadcasting and the Election Commission, who have also been referring complaints to them.
• NBSA considered and dealt with 2,669 complaints and issued 74 judgements/orders in the first ten years.
• Failures: Its writ extended only to its members, which was limited due to its voluntary membership. Those unhappy with a verdict find it easy to walk out. 

Way Ahead: Models of Regulation which can be followed

• Statutory backing to a unique model of NBSA: and extending its jurisdiction to non-members as well.

• For, E.g. Ofcom (Office of Communications) of UK is the government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries.
• The UK government in February 2020 announced that it intended Ofcom to have a greater role in internet regulation to protect users from harmful and illegal content.
• Empowering NBSA to take punitive action like suspending and cancelling licences.

• An SC-appointed monitoring panel like the one it set up in 1998 to monitor encroachments in Delhi which worked very effectively till the members became too old.

• The Supreme Court must not fall prey to the diversionary tactics of vested interests.

• Independent Regulator: like the Election Commission — a constitutionally-appointed body which was empowered by the SC in 2002 as a regulator to enforce the model code of conduct evolved by the political parties voluntarily for self-discipline.