Digital media is completely deregulated and capable of spreading hatred and instigating violence and terror, the central government told the Supreme Court on Monday, adding that if the high court was conducting an exercise to regulate the media, It should start with Internet-based media and not conventional electronic media, which are governed by some checks and balances.
Anyone can launch a web-based news portal or YouTube channel without any registration or government authorization requirements, and it does not face geographic barriers – factors that the Center says could damage the “fabric of the nation.”
“Any individual can start their own web-based channel through a YouTube channel and all they need is a desire to get started and a smartphone that anyone can access. There is absolutely no control over web-based digital media. In addition to spreading poisonous hatred, the deliberate and deliberate instigation not only to cause violence but even terrorism is also capable of tarnishing the image of individuals and institutions. The above practice is, in fact, rampant, ”says the affidavit filed by the government.
The center also urged the court to leave the broader issues related to media regulation in the hands of parliament and the central government, stating that “it is an issue that must be examined and dealt with by the competent legislature.”
The affidavit was filed in the context of a case against the television news channel Sudarshan News, which has been at the center of a controversy after it aired four episodes of a program, Bindas Bol, on the 11th, 12th, 13th. and September 14. , related to the entry of Muslims into the civil service, and the court is now considering the broader issue of regulating television content in the absence of a robust self-regulatory mechanism.
“The position of the Center is interesting, because it is very well empowered to formulate laws that regulate digital media. The affidavit submitted by the center itself recognizes this. Therefore, it is not clear why Center has asked the court to regulate digital media, ”said Mahesh Menon, who teaches law in the Daksha scholarship program.
The Center’s affidavit said the law had not stipulated eligibility or qualification criteria for starting web-based news organizations and that there were no legal provisions to regulate or govern them.
The affidavit compared the operation of web-based media to electronic media, noting that digital news media use “spectrum” and “the Internet,” which are public property, just like electronic media use ” radio waves”.
The Center’s affidavit highlighted the broader reach of such web-based media compared to print and electronic media due to their easy accessibility.
“Print media has a limitation: only those who can read a particular language can have access to a particular newspaper or magazine. Electronic media also has a limitation as generally one could access a ‘stream’ or channel only when having access to a television and subscription via Direct to Home. [DTH] operator or a cable operator, ”he said.
Issues relating to the security of the nation are also addressed in the case of print and electronic media, as a television channel requires authorization from the Ministry of the Interior before it can be registered, while print media must also obtain similar authorizations. of the statutory authorities.
Therefore, no further court instructions are required to regulate electronic or print media, the Center said. However, if the court finds it necessary to establish guidelines for the media, it should start with web-based media, which is not regulated at all, he suggested.
“By the very nature of their makeup, print and electronic media would rarely cross the line that these Hon’ble Courts may need to intervene frequently. Against this, by their very nature, web-based digital media, in general, remain unregulated, ”the affidavit states.
The Center also warned that the regulation of television content could have the unintended impact of media organizations pushing similar content on digital platforms, which are not regulated.
“Any additional regulation of electronic and printed media by the court, either by way of guidelines or providing some redress mechanism, would encourage broadcasters to use electronic media less and to transmit / publish the same on platforms. digital that would remain unregulated despite having a broader scope without any corresponding responsibility or obligation ”, presented the Center in its affidavit.
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