MEDIA TRIALS VIS A VIS REGULATION OF ELECTRONIC

MEDIA IN INDIA

BY SHIVANI LAHOTI
ASSISTANT PROFESSOR,
AMITY LAW SCHOOL,
DELHI
 OUTLINE

 IMPACT OF MEDIA TRIALS

 REGULATION OF ELECTRONIC MEDIA IN INDIA OR THE LACK THEREOF

 RECENT INCIDENTS OF JUDICIAL INTERVENTION VIS A VIS MEDIA TRIALS

 THE WAY FORWARD

 IMPACT OF MEDIA TRIALS

 ACCUSED = CONVICT

 INNOCENT UNTIL PROVEN GUILTY

 GUILTY BEYOND A REASONABLE DOUBT

 SATIATES THE PUBLIC DESIRE FOR ‘INSTANT JUSTICE’

 REGULATION OR LACK THEREOF

 POTENTIAL PLATFORMS - PRINT, ELECTRONIC AND DIGITAL MEDIA

 MEDIA IN INDIA IS MOSTLY SELF REGULATED

 REGULATORY BODIES:

o PRINT MEDIA – PRESS COUNCIL OF INDIA (STATUTORY)

o ELECTRONIC MEDIA - NEWS BROADCASTERS ASSOCIATION, INDIAN BROADCASTING

FOUNDATION (BOTH PRIVATE AND SELF REGULATORY) etc.

 CODE OF ETHICS & BROADCASTING
STANDARDS

 DRAFTED BY THE NEWS BROADCASTERS ASSOCIATION & ADMINISTERED BY NEWS

BROADCASTING STANDARDS AUTHORITY (NBSA)

 INCORPORATES THE FIVE PRINCIPLES OF ETHICAL JOURNALISM

o TRUTH AND ACCURACY

o INDEPENDENCE AND OBJECTIVITY

o FAIRNESS AND IMPARTIALITY

o HUMANITY

o ACCOUNTABILITY
 RESTRICTED ROLE OF NBA IN REGULATION

 NO INVOLVEMENT IN DAY TO DAY OPERATIONS

 NO MONITORING OR CENSORING OF CONTENT

 COMPLETE CREATIVE AND EDITORIAL INDEPENDENCE WITH BROADCASTERS =

COMPLETE FREEDOM OF CONTENT

 SIGNIFICANT DEVELOPMENTS

 17.09.2020: Delhi High Court, in the matter Rakul Preet Singh v. Union of India & Ors, passed an

order:

o Directing "media houses to show restraint in their reports and to abide by the cable TV regulations,

programme code and various guidelines, statutory and self-regulatory, while making any reports
with regard to the petitioner".

o Directing the Ministry of Broadcasting & Information, Press Council of India & News Broadcasters

Association (Respondents) to treat her petition as a representation and take immediate action.

o Directing all Respondents to file status reports w.r.t the same.

 SIGNIFICANT DEVELOPMENTS

 09.10.2020: Ministry of Information & Broadcasting issued an advisory to all private satellite TV

channels seeking compliance with the Programme Code given under the Cable Television Network
Rules of 1994. The Code prohibits the broadcasting of
defamatory content, inter alia.
 FOOD FOR THOUGHT…

Q.1. Can the mainstream media in this country is able to regulate itself satisfactorily at present?

Q2. Are instances of blatant violation of journalistic ethics are isolated and only a handful in
number?
Q3. Can trials by media be accepted as the new normal?
 RECENT INSTANCES OF JUDICIAL
INTERVENTION

 Delhi High Court’s direction to Zee News to disclose source of ‘alleged confession’ in Asif Iqbal
Tanha v. State of NCT & Ors.

 Bombay High Court’s communication with the Union Government enquiring about any statutory
mechanism to regulate content broadcasted by electronic media (in pursuance of PILs against
media trial in Sushant Singh Rajput case).
 THE WAY FORWARD

 DELIBERATE SENSITIZATION OF MEDIA PROFESSIONALS

 CREATION OF A NEW REGULATORY BODY WITH GREATER POWERS AND CONTROL

 QUICKER COGNIZANCE AND DISPOSAL OF CASES INVOLVING MEDIA TRIALS