INTRODUCTION
The mass media system varies globally due to other societies’ errors in analysing economic, political, religious, and cultural contexts. The media in the former USSR and China or other communist and totalitarian states were heavily restricted and censored from any criticism to avoid advancing revolutions. However, in the USA with its Bourgeois Democracy, there is a variety of media freedom.[1] The Indian Constitution has governed media in a parliamentary democracy with free but restricted press since 1950. Pre-globalisation, it was the government that controlled the media and public opinion. In the post-globalisation, liberalisation, and privatisation scenarios, the media started evolving. With the current technologies like ISDN and satellites, transnational media now circulate global content moving from national to international communication.
According to the statement, we can imply that the communication technologies that came after the use of ISDN were the tools of communications satellites. From the sentence, we can deduce that ISDN and satellite delivery are the solutions. In this era of media evolution, it is essential to have regulatory restrictions put in place on communication and transmission. This paper looks into a lot of media-related issues and the laws that govern the same.[2]
KEY BROADCASTING REGULATIONS IN INDIA
Strictly speaking, broadcasting in India is governed by some very tough laws meant to ensure compliance and maintain quality on different media outlets.[3]
The 1995 Cable Television Networks Act regulated the operations of cable operators and their content, which in turn reduced violence on TV. Permissions for satellite TV are monitored by the Ministry of Information and Broadcasting. TRAI looks into the broadcasting policies. BCCC looks at the management regarding programming complaints, while EMMC looks into compliance with medical laws and regulations. Particular constraints aid in the preservation of good quality content and efficient operations. Cable television networks are responsible for overseeing television programming. Cable television is governed by the Cable Television Networks (Regulation) Act of 1995 [4] as amended specifically through the Cable Television Networks (Amendment) Rules of 2021[5] and a three-tier complaint resolution mechanism established therein. For maintaining content and advertising standards, radio stations including FM and Community Radio adhere to GOPA requirements and AIR Broadcast Code. Digital platforms present peculiar challenges given the changing legal frameworks such as the Information Technology Act of 2000 which governs it. To streamline the process of acquiring broadcast sector permissions, registrations, and licenses; the Ministry of Information and Broadcasting (MIB) developed the Broadcast Seva Portal an online platform aimed at improving operational efficiency and transparency.[6]
If the regulations are breached, broadcasting licenses may be withdrawn or suspended, along with fines and warnings. These regulatory agencies ensure standards and deal speedily with violations through statutory as well as self-regulatory means.[7] A comprehensive regulatory framework for the broadcasting industry is being developed to keep pace with technological advances and ensure that all media formats are closely monitored.[8]
CONTENT REGULATIONS IN INDIA
The media content guidelines sprawl across TV, radio, and online are well backed by robust legal structures in India. The Cable Television Networks Regulation Act of 1995 enforces stringent Programme and Advertisement Codes for its TV content and advertisements. The principles of GOPA and the AIR Broadcast Code guide the radio stations. Data privacy and content checks under the Information Technology Act 2000 and IT Rules 2021 disallow content that incites violence or enmity.
The Ministry of Information and Broadcasting, along with ASCI, is still overseeing advertisements. In election times, ad-makers must adhere to the guidelines issued by ASCI, proving that ads are true and disclosing the funding sources of each advertisement. Otherwise, penalties include fines or a broadcast ban. Accordingly, such laws enhance fair competition, consumer protection, and trust within the Indian media industry.[9]
DIGITAL MEDIA AND BROADCASTING IN INDIA
It spans a wide expanse of India’s regulatory framework, starting from digital media and broadcasting and moving from traditional TV and radio to new platforms like over-the-top services. At one glance, if this bill gets passed, all those will get amalgamated under one legislation aimed particularly at technologies such as DTH, IPTV, and OTT.
Key elements of the bill include new terminology and conventions, with increased self-regulation either by way of the proposed Content Evaluation Committees or a Broadcast Advisory Council. Having separate Programme and Advertisement Codes will ensure that different broadcasters get fair play and compliance. It is accessibility-friendly, and has proportional fines based on the capability of a corporation, hence ensuring equality in enforcing the law.[10]
Some people think that it is a law to modernize out-of-date rules, providing self-regulation options for broadcasters and accommodating a very wide range of broadcasting technology. Opponents reply that unless changes are made before the law comes into effect, it risks being used as a vehicle for government overreach and vague regulations that would undermine the free expression and minority representations that are hallmarks of pluralistic democracy.[11]
The shaping of legislation that keeps pace with fast-changing technology, promotes competition, and emphasizes media variety and public interest for the proper reining of broadcasting in India is imperative. Some of the elements leading to a balanced regulatory environment that would encourage innovation and equity of access to the communication services of this country include stakeholder participation, adaptability toward the development of the technology, clarity in enforcement mechanisms, and education toward media literacy.[12]
GLOBAL PERSPECTIVES AND INDIAN MEDIA
If India’s broadcasting is governed by the 1995 Cable Television Networks Regulation Act, it is way behind the US and UK in terms of embracing digital advances like the OTT platforms, which get caught in red tape. International agreements, especially by UNESCO and WTO, to a large extent affect India’s media regulations on issues ranging from intellectual property rights to standards of content and freedom of speech, all an adaptation into India’s cultural, political, and economic context.[13]
Global media trends challenge Indian regulations concerning digital streaming, personalization, and social media. India is in search of frameworks that balance growth, consumer interests, innovation, ethics, and cultural sensitivities. Fast-paced technological changes want quick responses from the government by first targeting data privacy, cybersecurity, and AI content regulation through acts like the Digital Personal Data Protection Act, of 2023.[14]
CONCLUSION
The rapidly changing media scenario in India has warranted a statute-based regulatory framework. The Cable Television Networks Regulation Act, of 1995, and subsequent amendments attempt to strike a fine balance between the imperatives of free expression and those of public interest and ethical standards. There is a proposed new Bill—the Broadcasting Services Regulation Bill, 2023—on the anvil, aimed at updating legislation for both digital and traditional platforms about challenges thrown by DTH, IPTV, and OTT technologies.
Future breakthroughs in AI and blockchain will disrupt content distribution and data privacy and, hence, require open legal frameworks that support accountability and equal communication services. In this direction, international cooperation with organizations like UNESCO and WTO becomes extremely relevant for India to climb up to global standards, increasing competitiveness and best practices.
It is par excellence, the defining period for media regulatory reform in India. It has been called upon to strike a fine balance between the objectives of catalysing innovation and protecting pluralist democratic media, diversity, and ethical governance. Therefore, this new set of regulations will gain strength in the Indian media ecosystem by anchoring itself in dynamism, consumer rights, and media literacy to create truly sustainable and inclusive media in the Digital Age.
Author(s) Name: Charvi Rana (O.P. Jindal Law University)
References-
[1] ‘Media Laws – an Overview’ (Legal Service India) <https://www.legalserviceindia.com/articles/media.htm> accessed 05 July 2024
[2] ‘History of Media Laws in India’ (Tutorials Point) <https://www.tutorialspoint.com/history-of-media-laws-in-india> accessed 05 July 2024
[3] ‘About Broadcasting | Ministry of Information and Broadcasting | Government of India’ (mib.gov.in) <https://mib.gov.in/about-broadcasting> accessed 05 July 2024
[4] THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995
[5] The Cable Television Networks (Amendment) Rules 2021
[6] ‘Committee Reports’ (PRS Legislative Research) <https://prsindia.org/policy/report-summaries/regulation-of-cable-television-in-india> accessed 5 July 2024
[7] Mahanagar Doorsanchar, Bhawan Lal and Nehru Marg, ‘Consultation Paper on Inputs for Formulation of National Broadcasting Policy-2024 02 Nd Telecom Regulatory Authority of India’ (2024) <https://www.trai.gov.in/sites/default/files/CP_02042024.pdf> accessed 5 July 2024
[8] ‘Regulation of Media in India – a Brief Overview’ (PRS Legislative Research) <https://prsindia.org/theprsblog/regulation-of-media-in-india-a-brief-overview?page=48&per-page=1> accessed 5 July 2024
[9] ‘The ASCI Code – Advertising Standards Council of India’ (ASCI) <https://www.ascionline.in/the-asci-code/> accessed 5 July 2024.
[10] ‘Regulating OTT: Draft Broadcasting Regulation Bill, 2023’ (Drishti IAS) <https://www.drishtiias.com/daily-updates/daily-news-editorials/regulating-ott-draft-broadcasting-regulation-bill-2023> accessed 5 July 2024
[11] Ibid
[12] Jahangir, ‘Regulation of OTT Platforms in India’ (Broadcast and CableSat, 19 October 2023) <https://www.broadcastandcablesat.co.in/regulation-of-ott-platforms-in-india/> accessed 05 July 2024
[13] Apurva Vishwanath and Soumyarendra Barik, ‘Sweeping Terms in Draft Broadcast Bill Raise Red Flags on Free Speech’ The Indian Express <https://indianexpress.com/article/india/broadcast-bill-free-speech-ott-platforms-ib-ministry-1995-cable-television-networks-regulation-act-social-media-accounts-9499327/> accessed 05 July 2024
[14] ‘Media and Entertainment Law INDIA’ (Khaitan & Co) <https://www.khaitanco.com/sites/default/files/2024-01/Lexology%20Panoramic%20-%20Media%20and%20Entertainment%20Law%20-%20Edition%205%20-%20India.pdf> accessed 05 July 2024
