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OLD CENSORSHIP ON A NEW MEDIUM

Unveiling the Broadcasting Services (Regulation) Bill, 2023

Relevance:

GS2 : Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Why in the News?

Tunnel Collapse Silence and Media Shift

• On November 12, during Diwali celebrations, a tunnel collapse in Uttarakhand spotlighted concerns about environmental clearances and public works.
• Media coverage, particularly on television, remained limited initially, prompting questions about governmental accountability.

Controlled Narratives: Media

Landscape Dynamics

• Television media’s narrative shift from negligence to heroism reflects the influence of ideological partisanship, economic models, and regulatory pressures.

• Command-and-control media landscapes exhibit censorship, even in popular culture, where movies and TV shows undergo content scrutiny.

Source: dtnext

Historical Perspective:

Cable Television Networks (Regulation) Act, 1995

• The Cable Act originated from security concerns and a perceived “cultural invasion,” resulting in content regulations to protect “Indian values.”
• The Act included a “programme code” defining acceptable content, enforced by the Inter-Ministerial Committee.

Evolution of Censorship: Cable Act Amendments and Self-Regulation

• Amendments in 2021 codified a tiered censorship system, introducing self-regulation by broadcasters.
• Self-regulation involved internal checks and an escalation process, offering limited checks on prime-time anchors’ biased content.

Shift to Digital Platforms: Challenge to Authoritarian Apparatus

• Viewers and creators shifted to digital platforms for news and entertainment due to restrictions on traditional TV content.
• The Union government attempted regulation through the Information Technology Rules, 2021, and subsequent amendments faced legal challenges.

Internet as a Diverse Medium: FICCI-KPMG Frames Report

• The internet emerges as a diverse medium challenging traditional TV dominance.
• FICCI-KPMG Frames Report highlights TV’s prevalence in 165 million homes, but internet growth, especially in rural areas, with 85 million viewers using smartphones for content streaming.

The Government’s Response: Broadcasting Services (Regulation) Bill, 2023

• On November 10, the Ministry for Information and Broadcasting released the Broadcasting Services (Regulation) Bill.
• Union Minister Anurag Thakur asserts the Bill’s aim to modernize and replace outdated laws aligning with the Prime Minister’s vision.
• Bill positioned to replace the Cable Television Networks (Regulation) Act, 1995, and modernize media laws.
• Critics express concerns about potential threats to free speech, lack of criteria for unchecked powers, and the continuity of an authoritarian trend in government control over media.

Factors Contributing to Media Censorship

• Ideological Partisanship: Media outlets often align themselves with specific political ideologies, leading to biassed coverage and the exclusion of opposing viewpoints.
• Economic Models: The financial dependence of media houses on corporate advertisers and government patronage can influence editorial decisions and discourage critical reporting.
• Threats and Regulation: Journalists and media organizations face threats from powerful individuals and entities, leading to self-censorship to avoid repercussions. Additionally, stringent government regulations can stifle independent reporting.
• Command-and-Control Media Landscape: The Indian media landscape is characterized by a centralized control structure, with the government exerting significant influence over media content.

The Impact of the Broadcasting Services (Regulation) Bill, 2023

• Expansion of Government Control: The Bill grants the government sweeping powers to regulate online content, including content produced by individual journalists and creators.
• Reduced Transparency and Accountability: The self-certification system proposed in the Bill lacks transparency and accountability mechanisms, making it susceptible to misuse.
• Erosion of Fundamental Rights: The Bill’s broad and vague provisions threaten fundamental rights such as freedom of expression and the right to information.
• Expanding Power : The Broadcasting Bill expands existing powers, requiring registrations and adherence to the program code for online broadcasters, journalists, and creators.
• Threat : The self-certification system exposes committee members to threats, and vague government powers lack anchoring criteria.

Shift to Self-Regulation: A Flawed Solution

• Self-regulation introduced as a solution, allowing broadcasters to establish internal censorship checks.
• Lack of diversity in decision-making, transparency issues, and a partisan approach diminish the effectiveness of self-regulation.

 Alternative Solutions to Censorship

• Promoting Media Diversity: Encouraging a diverse media landscape with multiple ownership structures and funding sources can reduce reliance on single entities and foster independent reporting.
• Strengthening Media Ethics: Emphasizing ethical journalism practices, including fact-checking and balanced reporting, can enhance the credibility and trustworthiness of media outlets.
• Protecting Media Freedom: Implementing robust legal safeguards to protect journalists from threats and intimidation is crucial for upholding media freedom.
• Enhancing Public Media: Investing in a strong public media system can provide an independent and reliable source of information, balancing the influence of private media.

Constitutional Provisions related to Freedom of Press

• Freedom of the Press is not explicitly mentioned in the Constitution, but it is derived from the Constitution of India’s provisions on freedom of speech and expression in Article 19(1)(a).
• The Constitution encourages independent journalism, supporting democracy by enabling people to express their opinions on government actions.
• The Universal Declaration of Human Rights in Article 19 emphasizes the right to freedom of opinion and expression, including the freedom to seek, receive, and impart information through any media, without interference and regardless of frontiers.
• Article 19(2) imposes restrictions on these freedoms to safeguard the nation and its integrity.

Broadcasting Advisory Council: Continuity with Inter-Ministerial Committee

• The Broadcasting Advisory Council mirrors the Inter-Ministerial Committee’s role, advising the Union government without decision-making powers.
• The bill aligns with the Prime Minister’s vision, reshaping the engine of censorship for the digital age.

The Broadcasting Services (Regulation) Bill, 2023, signals a continuation of governmental control, raising concerns about media diversity, transparency, and fundamental rights in the evolving digital landscape.

Source: https://www.google.com/amp/s/www.thehindu.com/opinion/lead/old-censorship-on-a-new-medium/article67576676.ece/amp/

Mains Practice Question

Analyze the factors that contribute to media censorship in India. Critically examine the implications of the Broadcasting Services (Regulation) Bill, 2023, on media freedom and accountability in India.