The Media is often deemed as the fourth pillar of democracy and is considered a vital component in maintaining the transparency and accountability of different agencies of the government. But, gradually media has probably lost its direction and is often seen violating legal framework or breaching someone’s privacy. It is just a case of yesterday when the Sessions Court of Gurugram dismissed the petition of Chitra Tripathi, a reputed name in the field of journalism (then working for ABP News), which she had filed seeking Anticipatory Bail in a case where she alongwith some other reporters like Syed Suhail from the Republic Bharat Network, had allegedly telecasted and uploaded a video of a minor girl in an “obscene and vulgar manner” in the year 2013 and linked it to a sexual assault case against Asaram Bapu. The case was registered under Sections 120B (criminal conspiracy), 469 (forgery for purpose of harming reputation) and 471 (using as genuine a forged document) of the Indian Penal Code, 1860; Sections 67 (criminalizes the publication or transmission of obscene material in electronic form) and 67B (publishing or transmitting of material depicting children in sexually explicit act in electronic form) of the Information Technology Act, 2000; and Sections 13(c) (the indecent or obscene representation of a child) and 23 (prohibits the disclosure of a child’s identity in media reports or other forms of communication) of the POCSO Act, 2012. The Court had also issued Non-bailable Warrants against the journalists for not attending the court in person.
This is not just one instance where a journalist had over-expanded the scope of news-reporting. Another popular instance can be seen in the alleged suicide case of Actor Sushant Singh Rajput, where the Media Networks started circulating rumors pertaining to the cause of death which led to a parallel media-trial alongside the regular legal proceedings. There have been numerous other such instances which only leads to a conclusion that we need a strict media law which could regulate and control the role and functioning of the media network along with the social media in today’s era.
The present laws pertaining to media
Here’s an overview of key laws in India that regulate media and social media:
1. Constitutional Provisions
Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression to a citizen of India. In the case of Romesh Thappar v. State of Madras, (1950 SCR 594, 607; AIR 1950 SC 124), it was decided by the Supreme Court that freedom of press is a part of freedom of speech and expression. In this case, Patanjali Sastri, J., observed that:
“Freedom of Speech and of Press lay at the foundation of all democratic organizations, for without free political discussion, no public education, so essential for the proper functioning of the process of Government, is possible”.
In the case of Indian Express v. Union of India, (1985) 1 SCC 641, it has been held by the Apex Court that the Press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom. However, the rights granted under Article 19(1) are restricted to some extent under Article 19(2) on certain reasonable grounds in the interest of India’s sovereignty and integrity, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offense. But, it is seen that the rights are claimed with force and the restrictions over those rights are neglected as if they don’t even exist.
2. Press and Media Regulations
Press Council Act, 1978: Establishes the Press Council of India to maintain and improve press standards. The Press Council of India comprises of a Chairperson (typically a retired Supreme Court Judge) and the representatives from: working journalists, owners and managing agents of newspapers, Members of Parliament, literary and legal experts, and the news agencies. It has certain regulatory functions like monitoring standards of journalist conduct, ensuring responsible journalism, protecting press freedom and observing and reviewing press laws. It also has certain powers to investigate complaints against newspapers, issue warnings to journalists or publications, conduct inquiries into press-related matters, make recommendations to the government, and publish research and studies on press-related issues.
Cable Television Networks (Regulation) Act, 1995: It has an objective and scope to regulate cable television networks in India, ensure responsible broadcasting, control content transmission and protect national interests and social values. It also provides the licensing mechanism of the cable networks and the content regulation over the networks. It provides for certain prohibitions against content undermining national integrity, offensive religious representations, sexually explicit material and content promoting violence.
Prasar Bharati Act, 1990: Governs public broadcasting services
3. Digital and Social Media Laws
Information Technology Act, 2000 (IT Act): provides legal framework for electronic commerce and defines cyber-crimes and digital offenses, and also includes the provisions for data protection and privacy. Sections 67, 67A, and 67B address online content regulation, particularly regarding obscene and sexually explicit material.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: It requires social media platforms to establish grievance redressal mechanisms, comply with government takedown requests, appoint compliance officers and trace the origin of controversial content.
4. Content Regulation Laws
Cinematograph Act, 1952: Regulates film content through Central Board of Film Certification
Indecent Representation of Women (Prohibition) Act, 1986: Prevents inappropriate portrayal of women in media
6. Penal Laws: Defamation is punishable under Section 499 r/w Section 500 of Indian Penal Code.
Recent Developments
The draft of Digital India Act (proposed)aims to update IT Act for contemporary digital challenges like Deep Fake and other such online threats, whereas Personal Data Protection Bill (proposed) seeks to regulate data collection, storage, and usage by digital platforms.