Media Regulation that is Quite Over the Top

Context: The government’s move of regulating digital content through the Ministry of Information and Broadcasting will weaken democracy.

Consequences of Regulating Digital Media Content:

• Regulation other than self-regulation is censorship: news media sector will now come into the ambit of pre-censorship; Film (through CBFC) was the only sector of the media which has pre-censorship.
• Shift in the alibi of free press: from the judiciary to the executive.
• The government will have a greater say in the matters relating to freedom of expression/press (Fundamental Rights+ basic feature of Constitution).
• For E.g. the move will hijack another Public Interest Litigation in the SC relating to the content on the “Over The Top” (OTT) platforms not being subject to regulation or official oversight
• Restrict the scope/growth of the media sector: Media practitioner/entrepreneur and start-ups by making them institutionally captive.
• Creation of artificial distinction: between the new-age digital media and the older print and TV news media.
• There is no comparison between the Press Council of India (print media) and the National Broadcasting Association(TV media) on the one hand to the Ministry of Information and Broadcasting on the other.

Conclusion: Regulating digital content is a politically and morally decrepit move and must be legally challenged as unconstitutional and autocratic.