SC Calls for Stronger Discipline Mechanism for TV News Channels

• 27 Sep 2023

For Prelims: Freedom of speech, Supreme Court of India, News Broadcasters and Digital Association (NBDA)

For Mains: Supreme Court advocates for Effective Self-Regulation of Media.

Source: HT

Why in News?

The Supreme Court (SC) of India has expressed its concern over the lack of discipline and accountability among TV news channels and has called for stronger self-regulation.

• The SC has asked the two representative bodies of TV news channels, the News Broadcasters and Digital Association (NBDA) and the News Broadcasters Federation (NBF), to suggest ways to strengthen the mechanism for dealing with errant channels.
• This issue started with NBDA's petition against the Bombay High Court's decision not to give legal recognition to the self-regulatory mechanism used by news channel associations.

What are the Problems with the Current Self-Regulation Mechanism of TV News Channels?

• Balancing Freedom of Speech and Accountability:
  • The Supreme Court acknowledges the importance of protecting the right to free speech and expression, as enshrined in Article 19(1)(a) of the Constitution.
    • Striking a balance between this fundamental right and ensuring accountability and discipline among news channels poses a challenge.
• Ineffectiveness of Current Self-Regulation:
  • The current self-regulation mechanism of TV news channels is based on the guidelines issued by the NBDA and the NBF, which are voluntary associations of the broadcasters.
  • The NBDA has a regulatory overseer called the News Broadcasting Standards Authority (NBSA), headed by a former Supreme Court judge, which can impose a penalty of ₹ 1 lakh on violations.
    • The fines imposed by self-regulatory bodies may not be seen as a sufficient penalty for channels engaging in unethical or sensationalized reporting. Channels may be willing to pay these fines as a cost of doing business, rather than changing their practices.
  • The NBF, which claims to represent half of the news broadcasters, has not framed any regulation so far and is not registered with the government.
  • The court says the current system doesn't stop TV channels from breaking rules effectively.
    • The court observed that news channels sometimes become overly excited and sensationalize sensitive topics like criminal cases before the investigation is complete.
• Registration and Recognition:
  • The government's Cable Television Networks (CTN) Amendment Rules in 2021 require registration of self-regulatory bodies.
    • NBSA has refused to register while the self-regulatory body of NBF, called the Professional News Broadcasters Standards Authority (PNBSA), is registered and it is the only statutorily recognised self-regulatory body for news channels.
• Monopolistic Concerns:
  • There are concerns that self-regulatory bodies, such as the NBDA, could be perceived as trying to create monopolistic control over the complaints redressal mechanism of news broadcasters, bypassing government or statutory oversight.

What are the Implications of the Case?

• The case will have a direct impact on the TV news channels, which are facing various allegations and complaints of violating the norms and ethics of journalism, such as spreading misinformation, sensationalism, hate speech, and defamation.
  • Depending on the outcome of the case, they may face stricter regulations and penalties, or continue to enjoy their immunity and autonomy.
• The case will have an indirect impact on the functioning and integrity of the media and the democracy, as well as the rights and interests of the public. Depending on the outcome of the case, it may strengthen or weaken the accountability and transparency of the media and may encourage or discourage the practice of responsible and ethical journalism.

What are the Media Regulatory Bodies in India?

• Conventional Media:
  • Print:
    • The Ministry of Information and Broadcasting (MIB) is responsible for disseminating information about government policies and programs.
    • The MIB regulates print media through its Information Wing.
    • The Press Council of India (PCI) is the apex body for regulating print media in India.
  • Cinema:
    • The Central Board of Film Certification (CBFC) was established by the Cinematographic Act of 1952. The CBFC regulates the certification and exhibition of films for public exhibition.
  • Telecommunication Sector:
    • Telecom Regulatory Authority of India.
  • Advertisement:
    • Advertising Standards Council of India (a self-regulatory body).
• Digital Media:
  • These are regulated under the provisions of the Information Technology Act, 2000 and the rules framed therein under section 69, which are called Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules 2021 (from now on, IT Rules, 2021).

UPSC Civil Services Examination, Previous Year Question (PYQ)

Mains:

Q. Religious Indoctrination via digital media has resulted in Indian youth joining ISIS. What is ISIS and its mission? How can ISIS be dangerous to the internal security of our country? (2016)

Q. What are social networking sites and what security implications do these sites present? (2013)