NEW DELHI: The Union government saying The Supreme Court on monday that prints and electronic media were generally responsible for the dissemination of content, but there was a real need for a regulatory mechanism to digital media, which frequently crossed the line.
A new affidavit of information and broadcasting ministry printed on a bench of DY Chandrachud judges, Indu Malhotra and KM Joseph that there were sufficient regulatory mechanisms for print and electronic media. He said the court should leave it to the government and the legislature to assess the need for an additional regulatory mechanism, if necessary.
However, he said that if the court was willing to go ahead with formulating a regulatory mechanism or setting guidelines, it should begin the exercise with regard to digital media and web-based magazines and news portals. It would be desirable for the court to begin “such an exercise first with web-based digital media, including web magazines and news channels and web-based newspapers like the same not only have a very wide reach but are completely out of control ”.
Unregulated digital media had a global presence both in terms of content reaching India and content leaving the country, and a person is required to have only one smartphone to start a digital medium, he said. “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, ”the ministry said.
“By the very nature of their makeup, print and electronic media rarely cross the line that may require frequent intervention from this court. Against that, by their very nature, web-based digital media, in general, remain unregulated, ”the ministry said in the affidavit filed in court-initiated proceedings on a PIL seeking the ban on television broadcasting of Sudarshan TV‘Bindas Bol’ program. The transmission of the serialized program was interrupted by the SC, considering that it defamed the Muslim community.
“In the case of electronic and printed media, the security of the nation is addressed at the time of registration and / or licensing of the company or organization that intends to publish or disseminate a newspaper or news channel. The registration also continues only after authorization of the interior ministry from the point of view of national security (in the case of television channels) and other statutory authorities (in the case of print media) ”, he said.
“In case the SC wants to travel to broader topics, then the topic in question (including a particular series or a particular television channel), it is absolutely inevitable to start with digital media. Any additional regulation of electronic and print media by the SC, either by way of guidelines or providing any redress mechanism, would incentivize broadcasters (who might otherwise be willing to post / rebroadcast unwanted content) to use less electronic media and transmit / publish the same on digital platforms that would remain unregulated despite having a broader scope without any corresponding responsibility or obligation, ”said the ministry.
The Center noted that to be a broadcaster or to start a newspaper, there were various eligibility criteria and rating standards. “To operate or start a news transmission channel or the second category of channel, the company has to undergo a rigorous registration process that includes the performance guarantee deposit and also the possession of a minimum net worth of around Rs 20 crore for the first channel and Rs 3 crore for each new channel, ”he said.
“For a non-news channel, the minimum net worth required is Rs 5 crore for the first channel and Rs 2.5 crore for each new channel. Apart from the same, being a broadcaster or publisher also requires registration or license from legal authorities and is also governed by statutory provisions. As noted, in general, there is a self-regulatory mechanism that may require a bit of adjustment to eliminate gaps, “he added.
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