The Game of Regulation

            “ Press Council wants a say in electronic media, is in talks with Information and Broadcasting Ministry. Seeks more truth , argues principle of good journalism , ethics , morality and freedom of speech apply to both print and electronic  media and hence , they should be held to the same standards of accountability.”( Indian Express 14^th October 2011)The issue of regulation has always been an issue of  discussion and deliberation in the broadcasting world . The underlying  principle that governs the Indian Broadcasting media has emerged to be “self regulation.” This term has seen its presence after several attempts of control from the authority.

         In its very inception, when the Indian television industry had one player in the form of Doordarshan the issue of regulation has always remained large. Though the Government claimed of Doordarshan enjoying functional autonomy it still worked at their whims and fancies .The “Prasar Bharati Act of 1990” was enacted by the government , which  was expected to grant an autonomous status to Doordarshan . However the Act was ambiguous  and nothing definite could be churned out.

      The governments attempt to regulation existed irrespective of whichever party came to the forefront. The first ever attempt came in the form of “Cable Network Regulation Act 1995.”However it dealt primarily with the cable television networks. Its regulation on the broadcast media extended in terms of its content and the advertisements aired. Code of regulation had to be followed and  Doordarshan being  the sole existing network worked with it.

             With liberalization and technological innovation, came the wave of change in the field of Indian broadcasting . The dawn of 2000 witnessed  the rapid emergence of private channels both at the national and the regional level. A sudden growth  brought  the government on its foot to impose regulation on the Indian broadcasting media. It came in the form of “Broadcasting Bill of 1997.”  It was introduced in response to the Supreme Court’s direction to the need to establish and independent authority to control and regulate the use of airwaves. As justice P B Sawant put it, in one of two concurring judgments in the case:“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." The SC was opposed to the concept of private broadcasting and hence came the bill. But to no effect it remained a bill and never transformed itself into an Act.

              The buck did not stop here, the government continued its attempt. Now,  it came in the form of "Communication Convergence Bill 2001", yet another attempt to set up a central authority that would regulate the Indian broadcasting media. The complex processes of getting passed through the Parliament this bill too never got a green signal.The government didn't  give up, then came the “Broadcast Services Regulation Bill 2006.” It was greeted with lot of hue and cry for its provisions dealing with pre censorship and immense government control. The Government argued the bill as an attempt to prevent the concentration of media control.  To no avail the criticism and protest from the media world worked well and it still remains a bill. Then came its revised version, the “Broadcast Services Regulation Bill 2007,” where government attempted to introduce a content code. The media world was  quick to provide response against the bill. Like its been happening ,remains a bill.

            The media world remained successful to avert the government control. However when the Indian media went overboard with the reporting of Aarushi murder case and the Mumbai terror attack in 2008, the government got reasons to impose regulation  this time. With criticism from the public the government was adamant on regulation. The Media biggies  have  always been clever  and the got the governments nod on self regulation. Then came the establishment of News Broadcasters Association and the Indian Broadcasting Foundation which established a content and conduct code relating to sting operation, coverage of law and order, crime and violence, occultism and supernatural/paranormal matters, race and religion, as well as national security, media depictions of women and children etc. However discrepancies remain  as not all channels are a members of it and hence is not all abiding. What still remains the concept of self regulation and the continous  attempts of  imposing regulation.

             Televisions influence on the Indian audience is overwhelming. The Indian media has seen the worst of it times during the emergency under governments  control. It has battled  the toughest of its time and tried to maintain its “Right To Freedom Of Speech and Expression” guaranteed under Article 19 (1) (a) of the Constitution. However with the growth of capitalism and pressures of the market forces the need has arisen to impose strict regulation in terms of its content  , programming and  news reporting particularly. Like a citizen expects its elected representative to act responsibly so does a Democracy do for  its fourth pillar. There are provisions for the people to vote the government out of power if it fails to act responsibly  so there should be some means of regulation for the media as well  to maintain its credibility.  There has  been instances due to media’s craze for sensationalism and TRP the innocent has been victimized. The allegiance that the news channels hold for political ideologies has lead to the over hyping of unimportant issues.

        Hence in the present scenario there is a need to regulate the television media, however  not to the extent to curb its creative liberty but just a check before it leaps beyond control. It is important to maintain public trust on the media hence there should be a system of checks and balances. A middle path can always be adopted by not being a mouth piece of the government and fulfilling its basic function of serving the society. The media bosses should understand the need of the hour and practice self  regulation in the truest sense of its term in order to prevent the erosion of public trust and confidence. Its serious attempts can always avert the government’s continuous attempts to regulation and control and enjoy the status of being a free Press.

Media's Eyecandy

We have larger issues to discuss open ,larger problems to looked up to but then why is the opposition, the government  and most importantly the media giving all the share of their time to the person who claims has started “Satyagraha.”

        He claims he has started Satyagraha then why can’t he do it on his own strength why does he have around him the  greatest fundamentalists alive in the world today. Gandhi never did that he always believed in mass support . No one can become Gandhi but at least follow something he had started in the right way in order not to vandalise the effort our great leader who showed us the door to freedom.

     Gandhiji always first bored the lathi’s and the pains that came down from the authority  and didn’t let his  people suffer, so if he claims to be a leader in his own righteousness then why did he run away leaving the people who had gathered there in his support. No great leader would have done that. He is no way closer to our father of the nation , hence some fraction of the media should just stop the illogical comparison. Adopting a movement by the similar name doesn’t make him a leader of that stature and credibility.

      He who claims to end corruption calls himself a spiritual guru, then how does he own a private jet and many more such luxury which only some big business man have. Isn’t it right for him to first declare his assets and then ask others as “Charity begins at Home.” So why does media not highlight this aspects and keep on stressing around the same thing just in a meagre attempt to enforce their allegiance and not to highlight the truth.

        He who once wanted to enter politics flagging his own party now yells at some politicians doesn’t go down that well. If you think some field is corrupt so why do you wish to enter in it at some point of time and at other moment you are attacking it , very strange it is! Moreover if one ones to uproot corruption then don’t have allegiance consider all at par. But Mr Baba is attacking some and leaving some but the world knows no politician is clean and pure! Leave alone his demands  his methods to fight corruption seems all bizarre, it appears to be more like him against the UPA government and not against the corrupt.

Power Puff Women

It amuses me greatly to see what is happening in our country this week. I am flabbergasted to hear and see the story of the victory and the success achieved by our Indian women.A country which once faced the problem of female exploitation and subjugation is now witnessing a paradigm change.The wave of change has just set in.

        The week started with women holding the first and second position in the UPSC examination and then its ending with the victory of two staunch politicains who would be heading the two big states.A hearty congratulations to all these ladies who has brought such pride and honour to the entire nation.

       Not to forget this was not only  the achievement that our Indian women brought home,we had another lady Tine Mena from a very remote village of Arunachal Pradesh,who reached the Mount Everest for the first time.

          These ladies were not born with silver spoon in their mouth.All of them struggled their way out and put every effort to fulfill their dreams.Be it Ms Jaylalitha or Mamata didi all of them are an epitome of hard work and courage.

       From the president ,to the speaker ,to the leader of the ruling party it seems people have fully realised the worth of a women.Now with two female ruling the states the women population is really coming to the forefront.This achievement  truely deserves a salute and it calls for a celebration of womenhood .As women are now not only house makers but would become nation makers.

What are we heading for

We followed the leaders for a genuine cause, it was for  the cause of our “Gorkhaland”. We dedicated ourselves for it , thinking it to be a noble cause based on the ideals of  our father of the nation. We were ready to do anything on his ideals, but what shape has it taken now? Innocent people living in the fret of fear and turmoil. They cannot spent their night  in their homes,because they might just be picked up and taken by the CRPFs employed .

       They aren’t criminals, but they are just picked up and treated as one. Bhagat Singh, Rajguru suffered this at the hands of the Britishers but the people here are suffering at the hands of the people who are supposed to take care of them, the security forces. The leaders of the party in power  blame the state  government and the government states law and order reasons.

    The people feel injustice has been done to them. The fire which was opened at Sipchu wasn’t right. It is believed that the police in order to disperse crowd should shoot only on the legs but how did  the lady who died at the protest receive a bullet on the head? These are the questions which are looming on peoples head . There is no authority to answer them  and no one is ready to address their issue.

   The state government claims that the Gorkhaland supporters entered the area which was supposed to be a restricted area. Was it so required to open out fire and shoot young people ? Was the situation so grave or was it a well planned strategy? Did the protestors enter the restricted area or were they pulled and shot? These are so many questions,who will answer them?

.Why aren’t the leaders addressing the issue to the higher authorities? Are they too a part of that big strategy of the state government or are they actually fighting for the cause of Gorkhaland? The leaders say, it is for our future that we have to fight  for our Gorkhaland .However what is the point when the education here is at a standstill. This is the time when the schools and colleges are set to reopen after the winter break but because of this political turmoil , education is going to suffer greatly and the hills are renowned for  education. It is an important source for our revenue but no one wants to understand its essence.Such a thing has already instilled so much of fear in this younger generation that in the future I doubt anybody would come forward to lead such an agitation.

    Who would like to see their sons, fathers, brothers and uncles being picked up from their houses? Their fault being that they fought for a cause of their land. Is it that bad being a patriot? Everyone thinks they are right on their own stand . Why can’t everybody just come together and fight for the cause of Gorkhaland and why can’t the government be just and act without looking at their selfish interest? Repetition of the history and this is not what we want, so what are we heading for?

Sedition or Conspiracy

             Dr Binayak Sen a man of such high repute getting life time imprisonment ,Is he the one conspiring against the State or the State is conspiring against him? It’s a question looming in everybodys  mind.

       What has he done anything against the state that he is being given a life time imprisonment? Judiciary claims that he has performed an act of sedition. It is contrary to the judgement  the Judiciary had given in the Kedarnath vs the State of Bihar,when  it ruled out  that  only when somebody incites direct violence in the state then it can be termed as Sedition. Has Dr Sen performed any of this? There isn’t a recorded history of he performing such tasks. So why is he being framed under these charges?

    The evidences which has been furnished are also of various versions .One accussed  Piyush Guha claims he was arrested from one place and the police claims Piyush Guha was arrested from different place. How can these  things be overlooked  and judgement  given blindly?

   Isn’t this judgement a clear infringement of the Rights given by the Constitution? How can a body which works under the framework of the Constitution violate its own framework? When the largest human rights organization Amnesty International claims that such a judgement is against the human rights , so why is the central government numb to such a judgement? Its such a sad state of affair to witness in the largest Democracy in the world. Looking at various aspects it seems its not sedition but an instance of conspiracy by the state,Judiciary and the higher authorities.

LOBBYING

                                                                         

      Lobbying   is a form of advocacy with the intention of influencing decisions made by the government by individuals or more usually by lobby groups ,it includes all attempts to influence legislators and officials whether  by other legislators , constituents or organized groups. However there is a difference between advocacy and lobbying. Lobbying  is any attempt to influence specific legislation whereas advocacy involves identifying, embracing and promoting a cause. There is no limit to the amount of advocacy you can do. Advocacy is not lobbying. Hence there is a limitation in lobbying.

     In US there is the existence of lobbying in the Congress ,state levels ,municipal level and the city council through which legislation is influenced. The ability of individuals, groups, and corporations to lobby the government is protected by the “right to petition under the “First Amendment to the United States Constitution.” Right to petition is a right which prohibits Congress from abridging “the right of the people…to..petition the government for a redress of grievances. However lobbying in US too comes with regulations such as “The Lobbying Disclosure Act of 1995 “and “ Honest Leadership and Open Government Act of 2007 “which has increased regulation and transparency in the system of lobbying.                  

   In United Kingdom industrial lobbying has recently  grown with the name of “Public Affairs” where the  many  MPs and in particular Ministers are recruited by lobby firms and lobbyists have been recruited by ministers as 'special advisors.' Some there believed  that giving lobbying a statutory registry would bring about transparency while the government believed that lobbying would be the next big scandal and taint the politics. Apart form these there is lobbying in Brussels which started in the 1970’s and in European Union too.

      In these countries and in Union there is some sort of a rule or a law which gives lobbying a status ,but this is not the case in India. There is neither a law which legalises lobbying neither a law which repeals it. However  lobbying has been in practice in India for a long time now, within the chambers of commerce,lawyers, chartered accountants,retired bureaucrats,communications ,aviation and many more. It is being carried out in the disguise of public relations. Lobbyists use the title of Public relations for striking the best deals for the clients they have. In the pursuit of minting money the lobbyist go to any extent to influence various legislations to safeguard their clients interest. There has been various instances in the past which reveals this phenomenon. The very bubbling example is that of the Nira Radia tape controversy. She too owns a public relations firm and she too is being branded as lobbyist so one can clearly understand that these two terms are the two sides of the same coin.

    Lobbying in India has acquired new  dignities and sophistication but the entire business can be described as a thinly disguised corruption.Lobbying in a healthy manner is always good but now as our economy has become purely market driven its being misused. These days its an easier form of money minting .Moreover with global business looking to invest in India this phenomenon has further increased as the foreign firms find it easier to go through the lobbyists to start . Lobbyist or the Public relations personnels are individuals with tremendous  contacts ranging form politicians,bureaucrats ,legislators,media  etc . Hence lobbying has always been in practice in India under  public relations, as a way of advertising for clients and ultimately influencing policies and decisions. This is the reason why these professions are the largest paying profession  now. It has become such chronic now that it has seeped into all the fields in the pursuit of making money.

   Thus lobbying does not have a legal sanctity in India hence it is being misused largely.The government should take adequate measures to  legalise it fully or make it an offence which is punishable. As many believe that  the practice of lobbying in order to influence political decisions is a legitimate and necessary part of the democratic process. However this too will be effective if these are backed with well stimulated limitations so that the rights of the government are not  jeopardised in the name of lobbying. Its  time for the government  to give a thought and take appropriate  steps.

Governments Image Tarnishes

  

            Our government ,the UPA government  claims  to be s a government  for the  “Aam Admi.” All its election campaign focused on the fact that it’s a government for the normal  people ,but what is it doing when the normal people are dying due to spiraling high prices of various necessity.

         Sky touching  onion prices, milk prices, petrol prices ,gas cylinder prices  which are speculated to rise and then the increase of the electricity bills, what will the janta do? These are necessities one can’t do without. Milk is a basic necessity  for the babies and the children, now  with its increase in price what will their parents feed on? It’s a mere rise of 50 paisa which will hardly affect the affluent lot but what about the other lot of the population who is supposedly in majority in India. Why doesn’t the government understand that our country is a mixed economy not a capitalist economy.Where will the Aam admi go what will they do?

      They say there  is such a rise in price as there is large amount of hoarding in various regions of our country .Why can’t our government take firm steps and try and curb this? It’s an important issue which demands extensive attention which our government is failing to address. In such a situation of crisis too they are still battling about  the Joint Parliamentary Commission (JPC)  and the Public Accounts Commission (PAC).They are only concerned to retain their power but they fail to understand that if they don’t address these issues fast they will never be able to come to power .Since   Democracy stands “for the people, by the people and to the people,” and the million voters who vote are not fools.

     Government is struggling to retain power and opposition is trying to come to power .No one is really concerned about addressing issues. What happened in the BJP rally today they were busy accussing one another no one addressed the issue though it was claimed to be a protest against the price rise. Why can’t they act constructively. Now tomorrow the UPA government will come with a reply to all the accusations that were made but not much will be done about the important issue of price rise.

        Its really a sad state of affair to witness in the largest Democracy of the world. Why cant more transparency be brought in? Why cannot there be more vigilance? its time now for us to to voice for “CHANGE and bring someone who can really say the “Change is here.”