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 Last edited on on Saturday August 21, 2010

First Uploaded on Sept.15, 2007.OPINION: BROADCAST BILL 2007.

 The Free Run Of The Electronic Media?

The free  run now enjoyed by the electronic media  with the absence of a regulator and a conduct code has now become a serious issue .   Writes Joseph Martin CJ

       

             The free  run now enjoyed by the electronic media  with the absence of a regulator and a conduct code has now become a serious issue . In some parts of the country ,it has even lead  to serious law and order problems. The mob violence happened in  Central  Delhi triggered by a fake T.V sting operation is the latest example for it.

                 Now a days with the advent of so many Private Television channels fighting for the advertisement pie and for maximum eye balls, the standard of journalism practiced now by the private broadcasters arises so many questions and doubts .Recently in  a roundtable on the Broadcast Bill, organised in connection with the 45th State conference of the Kerala Union of Working Journalists (KUWJ). Chief of bureau  of a leading daily from Kerala, John Mundakkayam pointed out that the fast erosion of visual media’s credibility is a threat to the print media as well.

                  From the part of the government I&B Ministry has come up with the  Broadcasting Bill and a content code to be tabled in the monsoon section of the parliament, But later postponed due to stiff resistance from the broadcasters.  

                  The very unfortunate part of this story is that ,initially the private broadcasters were not even ready to respond to the content code as desired by the I&B ministry. In fact the arrogant attitude of the private broadcasters indicate the fact the private broadcasters are not even ready concede to the fact that  the government has the legal authority to introduce such a Bill and content code to regulate the  broadcast media.

                  But the Hon'ble Supreme Court landmark judgment of 1995 pertaining to the broadcast media, Clearly  gives the government  the legitimate   right to  introduce such a regulation. It has not only the legal right but also the moral responsibility   to introduce such a bill considering the various conditions prevailing in India. That is the reason the Hon'ble Delhi High  court ,asked the government  that why no FIR  filed  against the T.V channel and no action taken against the T.V channel in recent fake T.V sting operation.

                    The proposed bill and the content may not  be perfect in all ways. Even the I&B minister  will not claim that, it is perfect in all ways. Other wise I&B ministry may not have invited the stake holders opinion in this matter. 

                     It is alleged that some of the provisions in the bill can be  misused to  muzzle the broadcast media. So many reputed journalists and  organisations observed it.  The Editors Guild of India (a respectable body doing a decent job relating to news papers) rejected the proposed 'Content Code' saying it gave government "enormous power to shift goalpost" when it liked.

                        But everybody forgotten  the fact that" 2007 is totally different from 1977 in all aspects. There is no reason to explain it, everybody  knows it .(the politicians and bureaucrats also).  There is a clear example for it, consider the cause of "LIVE INDIA "  Channel (which telecasted  the fake sting leading to a law and order problem in central Delhi and arrest of a Delhi school teacher,) which has now been banned for one month with immediate effect from Sept 20, 2007


                     The ban has been imposed in terms of the Sub-Section (2) of Section 20 of the Cable Television Networks (Regulation) Act 1995. The Act is clear that ‘no person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code’.

 

 

 It is ironical that I & B minister Das Munshi has backtracked on the Content Code without holding broadcasters to a firm timeline on coming up with a code of their own. Had he done so, public opinion would have been on his side.

 


 

                     Section 20 (2) of the Act says the government may regulate or prohibit the transmission or re-transmission of any channel or programme ‘Where the Central Government thinks it necessary or expedient so to do in the interest of the (i) sovereignty or integrity of India; or (ii) security of India; or (iii) friendly relations of India with any foreign State; or (iv) public order, decency or morality."

                     Earlier, The I&B Ministry  issued a show cause notice on 11 September asking the channel to respond within three days.

                      In this case the central government not intervened immediately or suo moto.  The I&B Ministry  issued  the  showcase notice on 11 September only after the Hon'ble Delhi High Court  taken suo motu notice of the case on 7 September and had issued notice to the Government and the Police. Court asked the government If offence is committed, you have to register a case and start criminal proceedings.

There is one more thing that everybody forgotten or pretends to forgot ,that is the the fact  that in today's   globalisation  era ,the real threat to the media is not political in nature ,But from the  very market forces  for which  now most of our media exist..

 

                      The above incident  clearly illustrates that if government wishes , it can very well muzzle the electronic media even  now, with the existing provisions in the Section 20 (2) of the Cable Television Networks (Regulation) Act 1995. But the government not did any thing till the intervention of the Hon'ble Delhi High Court .In fact the governments of  past and present  ,after 1990s  played  only a passive role in  matters  related to media, especially with electronic media its in . Now the government have almost dropped the idea  of the content code and have agreed for self regulating code by broadcasters itself. The Broadcast Regulatory Services Bill for establishing a regulator for the broadcasting industry in the country appears to have been put on the back-burner, at least for this year. Such is the power and influence, our media enjoys in our society today , definitely a positive thing as long as they are in the right track  . So the argument that the intention of the government is not good in trying to introduce such a content code is questionable and doesn't have  credibility  considering the conditions existing in India.

                        It is ironical that I & B minister Das Munshi has backtracked on the Content Code without holding broadcasters to a firm timeline on coming up with a code of their own. Had he done so, public opinion would have been on his side. In a poll on the same night that he met the broadcasters, 86 per cent of those polled on a leading English news channel, said that there should be a code for sting operations. 

 

                      There is one more thing that everybody forgotten or pretends to forgot ,that is the the fact  that in today's  pre globalisation  era ,the real threat to the media with its ethics  is not political in nature ,But from the  very market forces  for which  now most of our media exist.

                        It is very pathetic that, very few  organisations and journalists  like P Sainath (2007 Magsaysay award winner) raising their voices  against the invasion of markets on the media in general and visual media in particular.

 

 

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