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.