Keith Mack
India's mass media comprises over 300 TV channels, 50,000 newspapers and magazines, around 300 radio stations, and over 1000 feature films in 18 languages made yearly. The media in India is mostly self-regulated, with the Press Council of India and the News Broadcasting Standards Authority issuing standards in the nature of guidelines. There are also regulatory codes for content broadcast on television and radio, and the government has recently issued guidelines for advertisements. However, there is currently no regulation on the cross-ownership of media companies, and the press and media are predominantly influenced by political authorities.
| Characteristics | Values |
|---|---|
| History of media regulation in India | The earliest regulatory measures can be traced back to 1799 when Lord Wellesley imposed pre-censorship on the newspaper publishing industry. |
| Regulatory bodies | Press Council of India (PCI), News Broadcasting Standards Authority (NBSA), Broadcast Editors' Association, Advertising Standards Council of India, Telecom Regulatory Authority of India (TRAI), Ministry of Information and Broadcasting |
| Scope of regulation | Print media, broadcast media, television, radio, internet media, advertising, films |
| Mechanisms of regulation | Self-regulation, codes of ethics, guidelines, licensing, taxation, censorship, fines |
| Limitations and challenges | Limited powers of enforcement, lack of specific legislation for certain areas (e.g., foreign-produced programmes, online content), influence of political authorities |
| Recent developments | Endorsement Guidelines, advisory against advertisements for online betting and gambling, Consultation Paper on Issues relating to Media Ownership by TRAI in 2022 |
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What You'll Learn
The Press Council of India
Media in India is mostly self-regulated. The Press Council of India (PCI) is a statutory and quasi-judicial body that regulates the print media in India. It was re-established in 1979 by the Press Council Act, 1978, with the objective of "preserving the freedom of the press by maintaining and improving the standards of newspapers and the news agencies" in India. The council has a chairman, traditionally a retired Supreme Court judge, and 28 additional members, 20 of whom are members of the media, nominated by newspapers, television channels, and other media outlets operating in India.
The PCI has issued the "Norms of Journalistic Conduct", one of two journalism-related codes in use in India. It accepts complaints against and by the press in matters relating to ethical failures and can investigate and issue a report. It can "warn, admonish, censure or disapprove" those it finds at fault, but it has no powers to enforce or impose any penalty on individual journalists and publications. In 2010, the PCI conducted a limited study of the widespread practice of "paid news" in India, finding substantial evidence of corrupt practices and collusion between the Indian media, politicians, and political parties.
The PCI can summon witnesses and take evidence under oath, demand copies of public records, issue warnings, and require newspapers to publish details of the inquiry. Its decisions are final and cannot be appealed before a court of law. However, the PCI's powers are limited in two ways. Firstly, it can only enforce standards on print media and has no powers over electronic media, including radio, television, and the internet. Secondly, it has limited powers of enforcing the guidelines issued and cannot penalize newspapers, news agencies, editors, and journalists for violations.
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The News Broadcasting Standards Authority
Media in India is mostly self-regulated. The News Broadcasting Standards Authority (NBSA) is a self-regulatory organisation that issues standards in the nature of guidelines. It was set up by the News Broadcasters Association (NBA), now known as the News Broadcasters and Digital Association (NBDA), a private association of different current affairs and news television broadcasters in India. The NBDA was established on 3 July 2007 and currently has 27 members representing 70 channels.
The NBSA is empowered to warn, admonish, censure, express disapproval, and fine broadcasters a sum of up to Rs. 1 lakh for violating the Code of Ethics devised by the NBA to regulate television content. The NBSA's objectives include laying down and fostering high standards, ethics, and practices in news broadcasting, as well as entertaining and deciding complaints against broadcasters regarding the content of any broadcast.
The NBSA is an independent body, and its board members are linked to various print and electronic media outlets. However, the NBSA has been accused of adopting double standards. For example, in the TRP scam case investigation, the NBSA board members immediately called for the closure of the investigation, despite many of the same members having earlier given wide coverage to the scandal.
While the NBSA plays a role in regulating television content, it is important to note that India does not have a single regulatory body overseeing all forms of media. The Press Council of India (PCI), for example, only has authority over print media and cannot review the functioning of electronic media, including television and radio. This has led to calls for television and radio to be brought within the scope of the PCI or for the creation of a similar regulatory body.
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Regulation of foreign-produced programmes
Media in India is largely self-regulated. The Press Council of India (PCI), a statutory body established under the PCI Act of 1978, and the News Broadcasting Standards Authority (NBSA), a self-regulatory organisation, issue standards that function as guidelines. However, the PCI's scope is limited to print media, and it does not oversee electronic media, including television and radio.
The News Broadcasters Association (NBA), a self-regulatory mechanism created by news channels, has developed a Code of Ethics to regulate television content. The NBSA, as part of the NBA, can warn, censure, express disapproval, and fine broadcasters for violating the Code. The Advertising Standards Council of India also provides guidelines for advertisements. These organisations operate through agreements and lack statutory powers.
The Cable Television Networks (Regulation) Act, 1995, outlines Program and Advertisement Codes for regulating television content. The district magistrate can confiscate a cable operator's equipment if they broadcast programmes violating these Codes. Private television and radio channels must adhere to license agreements, which include standards for broadcast content. Non-compliance can lead to license suspension or revocation.
While there is no specific regulatory body for the internet, certain standards for online content are prescribed under the IT Rules 2011. Complaints are addressed to the internet service provider or the host.
In terms of foreign investment and ownership in the media and entertainment (M&E) sector, the Consolidated FDI Policy 2020 sets out caps and conditions. Foreign investment in M&E companies is subject to regulations, terms, and conditions specified by the Ministry of Information and Broadcasting (MIB) and the Foreign Exchange Management (Non-Debt Instruments) Rules 2019.
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Media plurality
Media pluralism refers to the state of having a variety of voices, opinions, and analyses in media systems (known as internal pluralism) or the coexistence of different and diverse types of media and media support (known as external pluralism). Media pluralism is widely recognised as an essential component of a democratic state by international organisations and non-governmental organisations.
In India, the media landscape is highly concentrated, with considerable gaps in the regulatory framework to safeguard media pluralism and prevent media concentration. While the ownership of media appears diverse at the national level, it becomes highly concentrated when examined at the regional level. This concentration of ownership can compromise press freedom and negatively impact the health of India's democracy.
The Telecom Regulatory Authority of India (TRAI) has acknowledged the importance of media pluralism and has initiated consultations on issues relating to media ownership. However, there is currently no specific process in India to address media plurality. The existing regulations focus on the Competition Act 2002, which governs mergers and acquisitions in the media and entertainment (M&E) sector.
The increase in internet penetration and the transition of newspapers to online platforms have significant implications for media pluralism. While it has expanded the availability of media content, it has also contributed to siloed debates and segmented consumption of information. Additionally, issues such as censorship, surveillance, and the "mobile gender gap" further complicate the landscape of media pluralism in India.
The self-regulatory bodies, such as the News Broadcasters Association (NBA) and the Indian Broadcasting Foundation (IBF), play a role in setting rules and regulating the television market. However, their effectiveness in controlling market concentration and maintaining media pluralism is questionable.
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Censorship and the Cinematograph Act of 1952
Media in India is mostly self-regulated. The Press Council of India (PCI), a statutory body established under the PCI Act of 1978, and the News Broadcasting Standards Authority (NBSA), a self-regulatory organisation, issue standards that are more like guidelines. The PCI can enforce standards on print media but does not oversee electronic media like radio, television, and the internet. The NBSA can warn, admonish, censure, express disapproval, and fine broadcasters for violating the Code of Ethics devised by the News Broadcasters Association (NBA).
The Cable Television Networks (Regulation) Act of 1995 includes Program and Advertisement Codes for regulating content broadcast on television. The Advertising Standards Council of India has also drawn up guidelines on advertisement content. The Telegraph Act and the Wireless Telegraphy Act are two common legislations that require licenses for entities seeking to use wired and wireless equipment.
The Cinematograph Act of 1952, enacted by the Parliament, ensures that films are exhibited within the limits of tolerance of Indian society and the Indian Constitution. While there is no standard definition of morality, the Central Board of Film Certification (CBFC) or Censor Board has the power to censor parts of films on account of public order, decency, morality, and integrity and sovereignty of the nation. The Act also authorises the police to search and seize films that are being exhibited in contravention of its provisions.
The Cinematograph (Amendment) Bill, proposed in 2010 and again in 2019, aims to address issues related to film censorship and the limits of tolerance. The role of the police as film censors has also been discussed in publications like the Economic and Political Weekly.
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Frequently asked questions
The PCI is a statutory body that was established under the PCI Act of 1978 to preserve the freedom of the press and maintain and improve the standards of newspapers and news agencies in India.
The PCI's powers are restricted in two ways. Firstly, it has limited powers to enforce the guidelines it issues and cannot penalize newspapers, news agencies, editors, and journalists for violations. Secondly, the PCI can only oversee the functioning of press media, such as print media, and does not have the power to review electronic media like radio, television, and internet media.
Television and radio channels in India are subject to Program and Advertisement Codes issued under the Cable Television Networks (Regulation) Act, 1995. These codes outline standards for content broadcast on television and radio, including private channels. Non-compliance with these codes may result in suspension or revocation of licenses.
Foreign-produced programmes are governed by domestic legislation. Foreign broadcasters telecasting their channels in India must appoint an Indian company as their representative to follow the guidelines issued by the Ministry of Information and Broadcasting.
