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Vol - I, Issue - III ISSN : 2320 - 1797
July 2012 Article ID : 1308


Copyright 2013. Dr. Sanjay Kachot. This is an open access refereed article distributed under
the Creative Common Attribution License which permits unrestricted use, distribution and
reproduction in any medium, provided the original work is properly cited.



MEDIA: TRAI AND TRYST WITH TRUTH !

Dr. Sanjay Kachot
Asst. Professor, Dept. of Journalism & Mass Communication
Institute of Language Studies & Applied Social Sciences (ILSASS)
Vallabh Vidyanagar - 388120

Today, technology is forcing media companies across the world to diversify across the world
mediums as the digital revolution flowers into convergence. Television, newspapers and radio are all
converging onto digital platforms of the computer and mobile phone-and to be relevant, a media
company must offer access to all forms of content i.e. text, audio and video. Diversification across
different media is hence a necessity for survival in order to remain viable in the digital and mobile
environment. Hence cross-media ownership is necessity and any restriction on it totally unnecessary.(1)
(Ref: 1: Last Mile Neutrality Imperative on TOI/August 20, 2012, Rachna Burman)
Now, what exactly is cross-media ownership? Will it really affect plurality and diversity of the
society? Will this throttle the truth or genuine voice of people? Well, here are some arguments to these
questions that may lead to some solution in the future.
In fact, in May 2008, the Ministry of Information & Broadcasting (MIB) has first sought the
recommendations of TRAI in order to devise a policy for imposing restrictions in the pattern of
ownership of media companies seeking licenses or permissions or registrations under various laws,
rules and guidelines. In response to a specific query from TRAI, the MIB clarified that the authority
should include the print medium while examining the need for any cross-media restrictions with
reference to the broadcast media. TRAI was asked to examine the issue in its entirety, looking at the
trend of companies and groups that were earlier confined to the print medium entering television and
radio broadcasting.
In February, 2009(2),TRAI submitted its recommendations to the government covering the
issues of horizontal and vertical integration (Horizontal integration or domination usually implies
domination by a group of different media including print, radio and TV in a same geographical area
whereas, vertical integration means, domination of media content as well as its distribution) limits on
number of licenses held by a single entity, concentrations of control/ownership across media and control
or ownership across telecommunication and media companies. It recommended that the mergers and
acquisitions guidelines for the sector should be put in place to prevent media concentration and creation
of significant market power and no restriction should be imposed on cross control or ownership across
telecom and media sectors at that point in time, with a provision for reviewing the issue after two years.
(Ref: 2: Consultation Paper Media Ownership by TRAI, New Delhi, September 23, 2008)
In the past, there have been several organizations, including TRAI and a committee of
Parliament, that have argued on the domination of particular groups over different sections of the mass
media, including Print, radio and television, in specific geographical areas and market segments, which
is unhealthy for media plurality in particular and democracy in general.
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Even as TRAI was preparing its report, in 2008, the Ministry of Information and Broadcasting
sponsored a study through the Administrative staff college of India (ASCI), Hyderabad to examine the
nature and extent of cross-media ownership, existing regulatory framework, relevant markets and the
international experience in this regard.
The ASCI report submitted in 2009(3), recommended that Cross-media ownership rules for
broadcasting, print and new media must be put in place since there is ample evidence of market
dominance in certain relevant markets. On the issue of vertical integration, it suggested that the cap on
vertical holding should be carefully determined based on existing market conditions. It also
recommended that disclosures regarding cross-media affiliations and ownerships should be brought into
the public domain.
(Ref: 3:Study on Cross-Media Ownership by the Administrative Staff College of India (ASCI),
Hyderabad, 2009)
The ASCI report argued in favor of an appropriate regulatory framework to enforce cross-
media ownership restrictions, especially in regional media markets where there is significant
concentration and market dominance in comparison to national markets.
A second consultation paper on issues relating to media ownership released by Telecom
Regulatory Authority of India (TRAI) on February 15, 2013 makes out a strong and persuasive case for
imposition of legal restriction on cross-media ownership by Corporate Companies. As you are aware,
Cross-media ownership is nothing, but the ownership by one organization of interests in more than one
mass medium, especially where this includes both print media (newspapers or magazines) and
broadcasting companies (radio and/television). According to this report, it is important that necessary
safeguards be put in place to ensure plurality and diversity are maintained across the three media
segments of print, television and radio.
However, on the other hand Delhi Union of Journalists (DUJ), the sixty-four year old
organization of journalists, representing print media journalists believes that, Plurality and diversity of
opinion in the media can only follow from genuine freedom of the press which first and foremost must
mean genuine freedom of press persons to voice their opinions. It must mean democracy within the
media. This definitely requires diversity of ownership. Too many of our members have suffered the
stifling of their voices and the censoring of their beliefs simply because these conflicts with the
unwritten policies of their employers. Some have been victimized, some demoted, some transferred and
others simply fired for standing by their beliefs. Cross-media holding are enabling employers to enlarge
and extend their domains, bringing them greater political clout and financial might.
At present, restriction on cross-media holding are imposed only on direct-to-home (DTH)
television services and private FM radio companies in India. Broadcasters, cable operators, and
publishing companies have no such restriction even though there are enough examples of print
companies operating in television broadcasting, internet and radio and vice versa.
Most leading media houses opposed TRAI looking into the activities of print companies that
had ventured into television. Almost all large media groups in India have staunchly refused to accept
restrictions over ownership and control. The ASCI report studied major media houses in the country
including the following groups and detected cross-media ownership in most of them : India Today/TV
Today, Ananda Bazar Patrika (ABP), Jagran Prakashan, Malayala Manorama, Mid-day Multimedia,
Sun, Essel/Zee, Star India, Times of India/Bennett, Coleman and Company Ltd, Eenadu, Dainik
Bhaskar/DB Corp, Hindustan Times/HT Media, Network 18, RADAG, NDTV, BAG Films, Sahara,
Outlook etc.
Some groups, particularly those associated with print, even argued that TRAI did not have
jurisdiction on any matter that did not related directly to telecommunications. Their spoke persons have
argued that such measures would result in devious and dubious forms of censorship and have invariably
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resurrected the ghosts of the 1975-77 Emergency whenever there have been suggestion in favor of
restriction on cross-media ownership. This argument conveniently sought to suppress the debate on
cross-media ownership, given that no regulatory authority exists for the media as a whole. Following
the fuss raised about this aspect, the Ministry clarified that the issue of cross-media ownership
restrictions should be examined in its entirety and that it was within the jurisdiction of TRAI to make
recommendations regarding cross-media ownership.
The Parliamentary Standing Committee on Information Technology, headed by Rao Inderjit
Singh has observed that, the issue of restrictions on cross-media ownership merits urgent attention
and needs to be addressed before it emerges as a threat to our democratic structure. The committee
urged the ministry to formulate its stand on the issue in coordination with TRAI after taking into
account prevalent international practices. Exactly a fortnight after the standing committees report (4)
was presented in Parliament on May 02, 2012, Secretary in MIB wrote to the then Chairman of TRAI
starting Major players are looking for expanding their business interests in various segments of print
and broadcasting sectors. In this scenario, issue of media ownership and the need for cross-media
restrictions assumes great significance.
(Ref: 4: 32nd Report of Standing Committee on IT, 20122-12 by Ministry of Information &
Broadcasting)
At the consultation phase, media groups offered strong resistance to the idea of restrictions on
their activities. Among other contrary opinions, they argued that regulation would stifle growth that the
multiplicity of media and the highly fragmented nature of the Indian market in any case prevent
monopolization, and that regulation of the sector amounts and impingement on the right to freedom of
expression as specified in Article 19(1) (a) of the Constitution.
The government too, by and large, has played along with the interests of Indias established
media organizations. After all, powerful politicians and media barons have a reciprocal need for each
other, a mutually beneficial back-scratching society of sorts. However, under the huge influence by
large media organizations on the government and on politicians cutting across party lines, it seems
doubtful that such restrictions will be imposed in Indian in the near future.
(Also refer: Curbing Media Monopolies by Paranjoy Guha Thakurta, EPW, April 20, 2013)


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