CURRENT AFFAIRS

Media

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Notes

Contents

Supreme Court's Verdict on Government Funded Advertisements

Role of Media in Disaster Management - (Nepal's Earthquake Coverage by Indian Media)

Social Media

Regulation of Media

Regulation of Cinema

Freedom of Press

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Notes

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Supreme Courts Verdict on Government Funded

Advertisements

Notes

About the verdict

1.

On May 13, 2015, SC in a landmark judgment issued guidelines on

government funded advertisements.

2.

Its guidelines are

Purpose of Government ad

SC Guideline

1. Highlighting end of a
governments fixed tenure

Permissible, as it keeps citizen

informed

2. Announcing projects, policies

and achievements

Permissible, as it keeps citizen

informed

3. Commemorating birth and

death anniversaries

Permissible if issued in memory of great

personalities, Not permissible if
government departments issue multiple
advertisements

4. Marking milestones of
institutions

Not permissible, glory should be

earned

5. Publishing photographs of
political leaders or prominent
persons

Not permissible, such photos divert

attention from the policy of the
government, unnecessarily associate an
individual with a government project and
pave the way for cultivating a personality
cult.Exception to this rule the photos
of only three constitutional authorities
President, PM and Chief Justice of India
- can be used in such ads provided they
personally clear it - thus, in a way, making
them also accountable for the publication.

3.

4.

Other Directions
a.

Ombudsman SC directed the government to appoint a 3 member

ombudsman body of persons with impeachable integrity to monitor
and redress violations of the above guidelines.

b.

Dont patronize verdict also mentioned that the government need

not patronize media houses especially during elections.

Arguments sighteds
a.

It will avoid misuse of public funds to favor ruling political parties.

Or in its own word taxpayers money cannot be spent to build
personality cults of political leaders.

b.

Not a day goes by without government ad or other being published

to coincide with some event or occasion.

c.

There is a difference between government messaging and politically

motivated ads.

d.

It is important towards building accountability in the expenditure of

taxpayers money.

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5.

Background N.S. Madhava Menon commission

a.

In 2003, NGOs Common Cause and center for public interest

litigation filed a PIL (in the background of huge government
expneiture on its India shining campaign) arguing that ruling party
leaders and ministers were taking undue advantage at public expenses.

b.

In this background SC, in April 2014 formed committee led by

noted legal academcian N.S. Madhava Menon on introducing checks
on government-funded ads. So this SC verdict is on the basis of a
series of recommendations given by Madhava Menon panel.

c.

However SC modifies the recommendation on following counts

Menon Panel

SC Verdict in may 2015

1.

Makes an exemption for

pictures of PM, president,
CJI as well as CM and
governors

Makes an exception pictures of PM,

President and CJI can be used or provided

2.

No ads should be allowed

on election evening.

There was no need for a curb on

government advertisemnt on election eve
provided the advertisement serves the
public interest and facilitates dissemination
of information.

3.

There should be a
performance audit on
government advertisement.

No need for a performance audit on such

government advertisement.

Analysis
1.

2.

Positives
a.

Judgment was welcomes by common cause sighting above mentioned

ground.

b.

It also welcomed the setting up of an ombudsman which it said has

potential to become a powerful body like ECI.

c.

Political leaders take credit for all sorts of successes, from submarine
launches to space missions, which generally owe to the industry of
other people.

d.

Unfortunately, government advertising tends to visually associate

schemes and benefits with political individuals who may not have
played a crucial role in bringing them to fruition.

Criticism of the Judgement

a.

First, why should the exercise of democratic wisdom lead to the

appointment of a committee by the Supreme Court? And how is the
court to determine its membership? Wouldnt referring the matter to
the Law Commission, the Press Council of India or even the National
Human Rights Commission have been a better option? The court
has relied on their wisdom in the past; why not now?

b.

Second, the report submitted by the committee is extremely laconic.

There is mention of consultation with the affected interests, but

Notes

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there are no details. Indeed, the 2015 judgment holds up only a few
of its suggestions, leaving the rest to eventualadoption by the state.
The committee is economical with reasoning. So it sculptsthe
guideline that photographs of onlythe president, prime minister or
chief minister should be used, without explainingwhy at all.
c.

Third, the photos judgment inexplicably narrows this down to the

three dignitaries earlier mentioned. The state of Bihar (it is
inexplicable why other states have not made any intervention) argued,
to no avail, as it turns out, that the list should also include governors
and chief ministers. The court explicitly says: Photograph have the
potential of developing the personality cult and the image of a one
or a few individuals which is a direct antithesis of democratic
functioning. Everyone is averse to a personality cult but no
evidence has been made available to prove that result.

d.

Moreover, the court implicitly regards pictorial depiction of governors,

chief ministers, ministers and others as examples of surrogate
advertising. The government regulates this: its latest pronouncement
is an order that the expenditure on advertising for the product should
not be disproportionate to the actual sales turnover of the product.
Are government advertisements products to be regulated the same
way as alcohol, tobacco and other addictive substances? Is the
personality cult to be treated on par with substance abuse? Where
is the evidence that such a cult is, potentially or actually, being
fostered by the present practice of government advertising? If it is,
perhaps all photos should be banned and advertisements should only
contain narrative prose. This bias against visual culture is altogether
misplaced and should be abandoned. Besides, if we are serious about
curbing the personality cult, we should address and attack its root
causes, not the outward symptoms.

e.

Fourth, the court insists that no centenary event of a high court

should be considered for state advertising. Such ceremonies do not
serve any purpose and must be avoided. Institutions need not be
glorified. Rather, they must earn glory by contribution and work.
While the principle is unexceptionable in spirit, the actual ban is not.
Further, no contribution and work can reasonably be expected of
persons who are dead. Yet the court only allows commemoration of
the anniversaries of the few acknowledged and undisputed public
figures whose contribution to the national cause cannot raise any
dispute or debate. Suppose a situation arises where certain groups
or even political parties raise a debate over a national figure. Would
the judicial guidelines then apply?

f.

Fifth, aside from judicial insistence on norms of equality in the

award of government advertisements, there is no discussion about
whether the guidelines may affect the freedom of the media. The
news and views content of the media may not be directly affected
but indirect effects will be felt. Pictorial government advertising is a
major source of revenue and the constitutional guarantee of freedom
of the press includes the right to receive state advertisements.
Removal or reduction in pictorial content may have a long-term
adverse impact on media revenues. This will have a bearing on the
freedom of the press, especially small and medium enterprises. But
the photos judgment does not consider the guidelines to be in violation

Notes

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of the freedom of speech and expression, on which only reasonable

restrictions may be legislated by Parliament.

Role of Media in Disaster Management (Nepals

Earthquake Coverage by Indian Media)
1.

Role of the media during disasters

a.

Before a catastrophe, they can warn a population and prepare it.

b.

During disaster
i.

During the disaster, they can be effective conduits of

information about help lines, aid-distribution camps, emergency
phone numbers, or the kind of supplies required.

ii.

They can help scotch rumours and prevent panic by quickly

disseminating the right facts and figures.

iii. Their coverage helps mobilise help from outside the disaster
area, in the form of money, supplies and volunteers.
iv.

c.

And finally, the focus of the media on a disaster helps increase

its visibility, thus forcing governments to upgrade it on their
agenda.

Afterwards, with continued reportage, they can ensure that no survivor

is forgotten or left out of the aid network.

2.

During the coverage of Nepals earthquake by Indian media in April 2015,

hashtag #GoBackIndianMedia was trending on Twitter. The Indian media
cannot understand why Nepalis are angry at it. Should they not be grateful
for Indian help? In any case, they were simply doing their job as journalists.

3.

That is precisely what members of the media need to ask themselves: Is

this really journalism?

a.

Major news organisations around the world put their reporters through
a special training to prepare them for coverage of conflict and disasters.
At the very last, reporters are briefed on the dos and donts in such
situations. In India, training or briefings by seniors are rare. As a
result, young or inadequately trained reporters are let loose in
situations where they are pushed to get exclusives. Not surprisingly,
they resort to the obvious and cross form of reporting perfected by
some Indian television channels: walk up to a victim and ask, How
are you feeling?

b.

In disasters, such as the Nepal earthquake, journalists inevitably turn

to official agencies providing relief and rescue operations to gain
access to disaster-affected areas. But that access should be one part
of the story, not the whole of it. Yet, in the initial days after the
Nepal earthquake, for much of the Indian media, the Indian
governments assistance became the only story.

c.

As journalists hopped on to helicopters and gave viewers an aerial

view of the devastated landscape, they forgot a basic tenet of
journalism that journalists are also expected to provide the wormseye view, the ground reportage that involves engaging with people.
Only then do you get the stories, reported by many other news

Notes

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outlets, of the way Nepalis helped each other in the absence of

organised relief and rescue in the immediate aftermath, how people
used to political turmoil and poor governance did not wait around for
help, and how even a small local army and police force went to
work.

4.

d.

Also, it was not just what the Indian media did not report that raised
the ire of Nepalis, it is the way it reported what it did see and the
pro-Indian government spin given to many such accounts. Embedding
yourself with an official agency should not turn journalists into
public relations agents. Yet, this happens all too often and was
evident in full colour in the coverage of Nepal.

e.

In fact, the Indian medias lack of sensitivity in its coverage of the

Nepal disaster comes as no surprise. Ask people in Kashmir, or the
North East. The answer is the same: the Indian media generally
comes across as insensitive, caring only about the story and not
about the people in the story. Journalists sometimes forget that they
are human beings first and journalists second. You cannot demand
that distressed and suffering people speak to you without figuring
out a way of also helping them. That is not journalism; it is
voyeurism.

f.

It is undeniably an age of advertised charity but the gloating does

hurt the recipients of your generosity.

g.

The anger in Nepal has grown to include criticism for the Indian Air
Force (IAF) pilots for making it a priority to carry Indian journalists
and allegedly ignoring the advice of local government officials. Also,
when rescue choppers landed, survivors were dismayed to find TV
crews taking up space they believed should have been left for relief
material. In a disaster, relief must take primacy over media privilege.
Indeed, it must be seen to take precedence.

Comaprison with chinese coverage

a.

5.

Notes

China Central Televisions coverage of the Nepal disaster, was like

most of its coverage prosaic and staid. Its English language website
has a tiny section with a few stories on Chinas aid effort in
Nepal.China Dailyand its weekly Asia edition did more to publicise
the Chinese aid efforts, but it was a shrewdly restrained exercise.
Indian relief and rescue teams had arrived much before the Chinese
teams in Nepal.

Reasons
a.

The same underlying reason i.e. high TRP and high profits; breaking
news syndrome (to be the 1st one to report the coverage); lack of
training in dealing with these situations and above all decline of
ethics.

b.

The self-congratulatory tone of the Indian relief efforts in Nepal was

partly set by the Indian government itself. Prime Minister Narendra
Modi told journalists in New Delhi that Nepals Prime Minister
Sushil Koirala, who was visiting Thailand at the time of the
earthquake, learnt about the quake from Mr. Modis tweet. Four days

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after the earthquake, a Minister of the Modi government spoke in

Parliament about Indias emergence as a leading nation in disaster
response. The feverishness to advertise the aid for Nepal was also
found on the social media accounts of various government agencies.
c.
6.

7.

The projection of the Indian efforts in Nepal certainly had the subtext
of India-China competition for influence over the country.

Consequence
a.

This led to the intensely hostile reactions from the Nepalese.

b.

And it worsened the already worsened relations between the 2 sides.

Way forward
a.

Media should realize that it is to wring an emotional response from

audiences, they must refrain from sticking microphones in the faces
of survivors who may have just lost everything. Peoples right to
know just does not apply here. Nobody has a right to know how
much anyone else is grieving. Instead, it is the survivor who has an
absolute right to privacy. The only right way to get a human angle
to the reporting is to ask for consent, make a full disclosure of how
and where it will be aired, keep the questions brief, and not push for
emotional outbursts.

b.

It is better that television revisits the basic rules of journalistic ethics

during disaster reporting.

c.

Ethical journalism must place humanity above professional urgency.

Social Media
Context
1.

Indian PMs active presence on social media, section 66A, his debut on
chinese social media weibo.

2.

Comment by PM Modi with respect to social media on his visit to USA

a.

The status that now matters is not whether you are awake or asleep,
but whether you are online or offline.

b.

Google today has made teachers less awe-inspiring and grandparents

more idle. Twitter has turned everyone into a reporter. The traffic
lights that need to work the best are on Cisco routers.

What is social media?

Broadly social media can be defined as any web or mobile based platform
that enables an individual or agency to 1) communicate interactively and
2) enables them to exchange, modify user generated content.

How is it different from traditional media ?

Think of regular media as a one-way street where you can read a

newspaper or listen to a report on television, but you have very
limited ability to give your thoughts on the matter.Social media, on
the other hand, is a two-way street that gives you the ability to
communicate too.

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Social media differentiates from traditional/industrial media in many

aspects such as quality, reach, frequency, usability, immediacy and
permanence.

Media is an instrument on communication, like a newspaper or a

radio, so social media would be a social instrument of communication.

Notes

Types of Social Media

Social media in recent times has become synonymous with Social Networking
sites such as facebook or micro-Blogging sites such as Twitter. But it is more
than that.

Indian Scneario of Social Media Usage

1.

1.

IAMAI-IMRB report was released in July 2015 on social media usage in

India.

Collabratative projects
(wikis)

Collaborative projects enable the joint and simultaneous, creation of

content by many end-users

The broad types include the following types

2.

Content communities

Blog

Wikis

Social bookmarking applications

Wikis

Wiki is a collaborative website which allow users to add, remove,

and change text-based content.

While single page is referred to as wiki page the entire related

content on that topic is called a Wiki.

Wikipedia is the pioneering site of this type of platform. It is an

online encyclopedia which is available in more than 230 different
languages Wiki is aHawaiianword meaning fast or quick.

What is if the main objective of content communities is the sharing of

media content between users. (media content)

Examples for uploading & sharing of the following medias

3.

Videos - youtube

Documents - Scribd, docstoc

Slides Slide - Share

Pictures flickr, picasa

Difference between collaborative projects and content communities

In collaborative projects users come together to create content

But in content communities a single user uploads the content and

shares it with other.

Ablogis a descriptive/informative website usually maintained by

individual users and may contain text, photos and links to other web

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Notes

sites. The main interactive feature of Blogs is the ability of readers to leave
comments and the comment trail can be followed.

4.

5.

2.

10

Microblog

Social networking
site

It consists of discrete entries (posts) usually displayed in reverse

chronological order (the most recent post appears first).

Examples Blogger (of google), wordpress are the famous bloghosting service
that allows user to create blogs.

Microbloggingis a broadcast medium in the form ofblogging.

Micro-blogging is a web service that allows the subscriber to broadcast short

messages/ image and video links to other subscribers of the service. i.e
contacting an entre groups of people with a short message.

A microblog differs from a traditional blog in that its content is typically

smaller in both actual and aggregate file size (e.g in twitter the max character
limit is 140). Whereras bloging is like writing an whole article, micrblogging
means a small update.

Example Twitter (twitter is a combination of both, a microblogas well as

social networking site)

Asocial networking serviceis anonline service, platform, or site that focuses

on facilitating the building ofsocial networksor social relationsamong people
who, for example, share interests, activities, backgrounds, or real-life
connections.

It often offers various facilities like making their profile, chat, instant
messaging, photo sharing, updates, etc.

Currently, social networking sites are the most prominent version of social
media.

Examples FaceBook, orkut, google+, myspace are some examples of general

social networking site. Renren Network is the Chinese facebook. Linkedin is
more of a business networking site

Its findings:
a.

Across India, there are 143 million users of social media.

b.

Urban areas witnessed a growth of 35 per cent with 118 million

users as of April 2015.

c.

On the other hand, the number for rural India stood at 25 million,
up from close to 12 million last year, showing a growth of 100 per
cent. Use of social media doubles in rural India.

d.

Facebook emerged the leading social media website with 96 per cent
of urban users accessing it, followed by Google Plus (61 per cent),
Twitter (43 per cent) and LinkedIn (24 per cent). The largest segment
of users was college-going students (34 per cent), followed by young
men (27 per cent), the report said. Schoolchildren constitute 12 per
cent.

e.

Accessing social media is one of the key reasons for people to access
the Internet. In fact, for many people accessing the Internet for the
first time, social media was the reason they embraced Internet.

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Reason for its rise (its advantage over Traditional Media; why even
Governments across the World are using it)
1.

2.

3.

Man is a social animal

a.

As we know that man is a social animal so he wants to stay in touch

with others, wants to be accepted in society, wants to be liked by
others, wants to share things with others.

b.

Facebook was founded by Mark Zuckerberg to stay in touch with his

fellow students from Harvard University.

Enormous reach
a.

Social media have emerged as a powerful platform for forming an

opinion as well as generating mass support.

b.

These sites offer an opportunity to reach out this audience at a key

stroke. Many of these facilitate access through mobile devices and
with nearly 900 million mobile users, it offers an unprecedented
outreach.

Real Time engagement

a.

Social Media releases the shackles of time and place for engagement.
They can connect policy makers to citizens in real time. (i.e. without
any delay)

b.

In recent Libyan and middle east crisis, Ministry of External Affairs

used social media platforms such as Twitter to assist in locating and
evacuating Indian Citizens from these locations.

4.

5.

Notes

Real inclusion (Individual Interaction)

a.

In tradition forms of media, interaction with individual user is either

not possible or is very limited. Social Media platform offers the
ability to connect with each and every individual.

b.

Such an interaction also enables the marginalised to participate in

discussions and present their point of view, thereby improving the
political position of marginalized or vulnerable groups, such as women,
youth, and minorities that are often not taken into consideration. It
is specifically useful when seeking feedback on services rendered.

Citizen empowerment (alongwith bad image of traditional media)

a.

Due to above reasons and also as we know that print media and
electronic media is being dominated by few group. With paid news
and other ills making the media vulnerable to state and corporate
control, social networking sites are a countervailing force for ordinary
citizens.

b.

But in social media citizens can dessimate information and news and
this is real citizen empowerment.

c.

Radia tapes controversy broke out in nov 2010 by open magazine.Now

initially there was complete blackout of the Nira Radia tapes by the
entire broadcast media and most of the major English newspapers.The
news gained prominence following sustained pressure on social
networking sitesTwitter andFacebookagainst an attempted
blackout orchestrated by many prominent Indian TV channels and
newspapers.

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6.

Managing Perceptions, improving its image

a.

One of the big challenges for government is to avoid propagation of

unverified facts and frivolous misleading rumours with respect to
government policies. Government must have presence on these
platforms to counter such perceptions to present the facts to enable
informed opinion making by the populace.

b.

Thus it should use it for improving its image at home and improving
the image of the nation worldwide.

Areas where it is being used

1.

Used by administration and government

a.

Election campaigning Now elections campaignings are held not

only on streets but also on social media as we saw in Obamas
presidential bid, 2014 general elections in India. This is also creating
problems as even in last 2 days election campaigning is held on social
media which is outside the MCC.

b.

Spreading awareness about social and political issues; it is used for

encouraging voter participation.

c.

Policy making Government is also using social media for seeking

inputs into policy making, In USA most state and federal agencies
use social media for either seeking expert opinion or creating/
influencing public opinion. Many agencies at federal level are also
using this platform to gauge public reactions on upcoming/proposed
policy measures.

d.

Foreign policy Before his visit to China in 2015, PM Modi joined

Chinese social media platform Weibo to interact with the chinese
netizens. It is an important toll of foreign policy and soft power.

e.

An important role in dealing with internal security challenges.

f.

Two way communication: Many politicians and government officials

are active on social media. Ministers, politicians and governemnt are
using it for a two way communicato with people, civil society etc.

g.

12

i.

i.e. taking peoples view into consideration thus giving voice to

marginalized and taking their view into public opinion.

ii.

And also communicating their view to people. PM Modi is an

active user of social media for several years now. From sharing
updates on working of the government, policy deliberations, his
own thoughts, greetings and replies to well-wishers, the Prime
Ministers social media outreach has been lauded all over the
world.

Police
i.

The Delhi Traffic Police has joined Facebook and Twitter to

ease handling of traffic related issues.

ii.

The Indore Police Department has been using a blog, Twitter,

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online and mobile complaint forms, a Google map of police

stations and a digital crime mapper to track criminal activities
in the region.
2.

3.

4.

5.

6.

7.

Notes

Generate public opinion

a.

As the recent world events have demonstrated, social media have

emerged as a powerful platform for forming an opinion as well as
generating mass support.

b.

Even governments are trying to influence peoples opinon by using

social media e.g. it is alleged that Isreal tried to update wikipedia
content as wikipedia is written by common people onlyi.e. trying
to favour public opinion towards it.

Education
a.

It has changed the way we do study i.e. we study from Wikipedia.

b.

Various blogs related to studies have been created.

c.

Video tutorials various professors have uploaded their video tutorials.

E.g. IGNOU has uploaded many video tutorials on youtube and
egyankosh.

News
a.

Facebook and twitter have become a key source of news for many
users, as part of a dramatic shift in how people get information in the
digital age.

b.

Even all print and electronic media are also accessingsocial media to
dessimate news. Remem timesnow, cnn-ibn, Rajdeep Sardesai, Barkha
Dutt.they all are on twitters for dessimating news.

Role in social movements, protest

a.

Social media especially twitter and Facebook have played a very

important role in starting, and facilitating & coordinating of social
movement and organizing protests. i.e. leaders of movements telling
the people to assemble where and at what time through social media.

b.

Arab spring (especially the 20102011 Tunisian revolution and

Egyptian Revolution of 2011 in these 2 even regimes changes
happenedso thats the power of social media).

c.

Then we saw its use in Anna Hazaare movements.

d.

Reason is massive reach in a very short time and at a very cheap

cost.

Buisness promotion / e-commerce

a.

In addition, there has been an increase in mobile social media which

has created new opportunities, in particulate for business, which are
able to utilize social media for marketing research, sales promotions,
and customer relationship development among others.

b.

Youtube is used for advertisement purpose.

With respect to system of kinship

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a.

Social media especially social networking sites have changed the way
we interact with our friends. It has changed the way people make
friends and communicate.

b.

Now distance is no more a barrier as one can see the other.

Criticism of Social Media

1.

2.

3.

4.

Time consuming - wastage of time

a.

Huge number of hours are spend on Social Media. And due to smart
phones now people can access them anywhere thus you dont even
need a computer.

b.

But the problem is that mostly of this is on social networking sites,

instead of informative blogs, Wikipedia etc. thus on social networking
sites people tend to waste time on Interactive Games/Applications
and then on viewing Photos.

Health Psychological, mental & physical

a.

Mental health - Many surveys have revealed that said that compulsive
social networking has led to insomnia, depression, frustration,lack
of concentration, high level of anxiety, distracting activity, ignorance
and rudeness in their general behavior. People have become addicted
to it.

b.

Physical health Due to too much spending eye sight gets weak.Also
due to internet addiction, no exercise thus no physical activity.

Social life
a.

Real relationships are being replaced by virtual relationships.

b.

Instead of improving it has even led to poor inter-personal relationships

as they tend to replace real-life social interactions with online social
media.

c.

People get glued to the computers all the time and thus instead o
talking to their family members spend time on social networking
sites.

d.

People portray to be different on networking sites than what they

really are.

e.

Facebook and Divorce Social networks, like Facebook, can have a

detrimental effect on marriages with users becoming worried about
their spouses contacts and relations with other people online, leading
to marital breakdown and divorce.In the UK, between 20 to 33
percent of divorce petitions cited Facebook as a cause according to
a study carried out in December 2009 by UK based divorce service
Divorce-Onlineand reported extensively in the media. For detail refer
criticism of facebook page on Wikipedia.

Affecting professional life

a.

14

Over half of those interviewed in Delhi said that they indulge in

social networking at home, school, college and while they are at work
on their smart phones and excess of it has started telling on their

Notes

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mental and physical health and even their professional and personal
lives.
5.

It is also leading to cyberviolence against women i.e. online stalking,

trolling of women and defaming their pictures.

6.

Pornography
a.

Notes

Various video sites are there on which porn cann be easily seen.thus
porn addiction is on rise. And this has led to commodification of
women and is also one of the many contributing factor for sexual
harassment of women.

Social Media Retreat

1.

Many respondents said they had deactivated or deleted their accounts

and profiles from these websites and it is no longer a craze among them
while many others said they had started maintaining a low profile on
social networks.

2.

Although there are some million, billion registered users on these social
networking sites but many of them are not active. Some log in after many
days and even if log in daily then time spend on them is less.

WAY FORWARD : Solution, Recommendation, Conclusion

1.

As we can see that Social media has tremendously changed the way we
live. It has huge potential, advantages but has also some negative affects.

2.

What should government do?

3.

Government should also use it to improve its governance. It has

huge potential so government should tap this resource. Government
should be active on it.

But it should also be ensured that it should not be misused. As

people wont restraint, as self regulation wont work so government
should take steps to regulate it but should not censor it.only
desireable criticism.

In order to encourage and enable government agencies to make use

of social media, a Framework and Guidelines for use of Social
Media by government agencies was formulated. It was notified by
government in August 2012.

What should people do?

They should spend their time on more useful, informative social

media instead of wasting time on useless things (dontwrite useless
social networking sites josh mein varna poora answer tera galat ho
jaayega).

And they restraint themselves so as not to breach privacy of others,

doing cyber crimes and posting objectionable content.

Regulation of Media
Context
In the background of events like Indian medias coverage of nepal disaster and
Delhi CMs idea to monitor and start proceeding against media, a debate over
regulation of media started.

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a) Bodies
PCI (Press council
of India)

Notes
Facts
1.

It is free from government control; It has even its own funds for the performance
of its functions.

2.

Statutory Governed by the Press Council Act, 1978. It was first formed in
1966 under the Press Council Act, 1965 but now governed by the Press Council
Act, 1978. (i.e. earlier act stands repealed)

3.

Tasks

4.

a.

To ensure freedom of press i.e. it receives and acts on complaints

received by the press for interference with its freedom by the government.

b.

Improving ethics, standards of press It receives complaints against the

press for violation of journalistic ethics. PCI has the power of giving warning,
admonishing, censuring or disapproving their conduct.

Membership chairman and 28 members.

a.

Chairman - a retired or sitting judge of SC; he is selected by the Speaker

of the Lok Sabha, the Chairman of the Rajya Sabha and a member elected
by the PCI.

b.

Of the 28 members, 20 represent various segments of the press.

Limitations of PCI
1.

Domain It only deals with print media. Electronic media and social media
have been excluded from its domain.

2.

Powers At present it has no power to impose a fine, cancel licence etc; can only
admonish or censure. Its guidelines are not adhered.

1.

Today we have 2 bodies for Regulation of news channels

Other Bodies
a.

NBA News Broadcasters Association

b.

BEA Broadcast Editors Association

2.

Both these bodies are private association i.e. journalists themselves have formed
it to regulate media. And thus its a self regulatory mechanism.

3.

Thus at present there is no body created by legislature or execurtive and thus in

no way is involved in regulation of TV news channels.

4.

As media itself is regulating it so how can you expect from them to act fairly.
We saw in Radia tape controversy that there was a media blackout for it as no
media house initially criticized Barkha Dutt and Vir Sanghvi.

5.

Also like PCI, they dont have much power.

b) Overview
1.

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Present status self regulations

a.

At present PCI is the body for regulation of print media. Electronic

media and social media are out of its domain.

b.

Print media - PCI lays down guidelines for conduct of print media
(although not binding and if violated then there are no penal
provisions).

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2.

3.

c.

Electronic Media - With respect to it we have a News Broadcasting

Authority which performs the same function as by PCI.

d.

Social media - With respect to it there is no such body but yes some
laws etc. are there by governemnt which regulates some aspects of
it.

e.

Thus we can say that as there is no such strict law and the bodies
have weak power to enforce guidelines as there are no penal provisions
for its violation. Thus its more of a SELFREGULATION.

Notes

Arguments in favor of self-regulation i.e. continue status quo a.

We have A-19(1)(a) i.e. its our fundamental right

b.

Media perform various functions like being the eyes and ears of
people, keeping the govt accountable etc An thus media argues that
it cant perform these functions unless its free.

c.

And they allege that the real reason is that government wants to
dilute accountability.

d.

Past record in not good as under guise of regulation it has tried to

censor the media e.g. during emergency we saw censorship of media
and till now we were seeing the misuse of section 66A of IT Act.

e.

Nehru commented that free media is better then regulated media.

Censorship is no solution to stray incidences of journalistic
irresponsibility. (but counter argument is that there are huge numbers
of instances of irresponsibility).

Arguments in favor of regulation a.

Freedom under A-19(1) (a) is not absolute. It is subjected to restrictions

under A-19(2).

b.

Present system in weak with respect to all three.

c.

i.

In print media, PCI doesnt have much power, the restrictions

are weak and not binding

ii.

In electronic media, not under PCI, instead by NBA and BEA

which has no record of taking action against erring channels.

Principle of self regulation should apply to everyone. Should it ?

i.

Former SC judge Katju said that if media says they will be selfregulated then the same principle may apply for politicians and
bureaucrats too. There has to be some regulatory mechanism.
You cant say that you alone are saints and everyone else is a
sinner.

ii.

If a doctor or lawyer does something wrong, there are

provisions for them to be punished. Why not revoke the licences
of the media houses which breach the law? No one can be
unaccountable in a democracy. They are not above the law.
And if self-regulation actually works, why do we have laws
against theft, murder and rape? It is the same principle.

iii. If there can be medical council for doctors, bar council for
lawyers why arent the journalists open to regulation,

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4.

d.

Inidence - past record of media is worse than government e.g. paid

news, paid opinion polls, 26/11 attacks.

e.

There is a difference between controlling and regulating. We are only

regulating.

f.

Comment as said by Markandey Katju Freedom of press is not

an absolute right. The absolute right is the improvement in the
standard of living of the masses.

Conclusion, solution
a.

Both are right, thus we need to balance out both things.

b.

For this purpose we should create a strong independent strong body

i.e.
i.

Independent means a body free from government control and.

ii.

Strong means the body should have powers to punish and

penalize.

c.

So either we can make improve PCI by making it more stronger or

create a new one.

d.

Also this single body will cover both print media and TV media.

Regulation of Cinema
CBFC Central Board of Film Certification
1.

It is a statutory body under the I&B Ministry which Works in accordance

with the provisions of the Cinematograph Act, 1952, and Cinematograph
(Certification) Rules, 1983.

2.

Its task is to regulate the public exhibition of films to ensure healthy

entertainment and education to the public.

3.

Now it has been in news for its following actions like

4.

a.

CBFCs opposition to movie messenger of god sighting superstition,

b.

Opposition to cuss words in AIB roast show on Youtube (an insult

adult comedy) and.

c.

Then Pahlaj Nihalani (newly appointed CBFC chief) releasing the list
of 28 cuss words which devised by the Central Board of Film
Certification (CBFC) was leaked on social media.

Now these actions and overall functioning of the boards have been criticized
on following grounds
a.

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Criticism of its functioning

i.

Officers of the organization are appointed by the Information

& Broadcasting (I&B) Ministry instead by censor board. People
with questionable credentials are appointed to these boards by
ministry without taking the Boards recommendations into
account.

ii.

Interference in its day to day functioning from all sorts of

people like religious and fundamentalist groups and above all
by government.

Notes

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iii. Corruption few years back Rakesh Kumar (the then CEO of
CBFC) was caught taking money for speedy clearance of movies.
b.

Notes

About the vulgarity, nudity and cuss word.

i.

If you trust a persons wisdom by allowing him the right to

choose his/her parliamentarian, partner and career, then you
should also let them decide that which kind of movie they
want to watch.

ii.

CBFC is acting like a moral policeman.

iii. They are just representing the society. Cuss words are quite
naturally spoken in States like Uttar Pradesh and Bihar.
iv.

You cannot knock out a kissing scene or a cuss word without

looking into whether it is integral to the film. A scene or a
word may appear vulgar when taken out of context.

v.

It is an assault on their creative freedom guaranteed by Article

19(1) of the Constitution.

vi. If this goes on then half of the theatre screen will carry statutory
warnings instead of showing the film.
vii. However, at the root of many controversies related to the
CBFC are the 19-point vague guidelines formulated by the I&B
Ministry in 1978 which an advisory panel uses while certifying
a film.
c.

The movie MSG do promotes superstition but so do other masala

movies which are against all laws of gravity and logics.

5.

In this background filmmakers increasingly demand that CBFC should be

made simply a certifying agency with no powers to impose cuts.

6.

Mudgal committees recommendation in 2013 to reform censor board.

a.

Allowing any member of public who has a grieavance to approach

FCAT with complaints. At present only film-makers can approach
FCAT and it leads to barrage of petitions in courts wasting resources
of judicial system.

b.

Digital platforms using digital platforms for certification for more

transparency and reduce corrupt practices.

c.

More officers appointing more officers at CBFCs 9 centers for

faster clearances.

d.

New categories Introducing new categories of under-12 and under15 in censor certification.

Freedom of Press
1.

Unlike, the U.S.Constitution, the IndianConstitutiondoes not expressly

provide freedom of press. However, it is now well settled that the words
speech & expression inArticle19(1) (a) includes freedom of press also

2.

However it appears to be under threat as can be recent incidence

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3.

4.

5.

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a.

World Press Freedom Index (WPFI) produced by Reporters Without

Borders (RSF) ranked India at 136 out of 180 nations worldwide in
terms of press freedom in 2015,

b.

In July 2015, two jurnalists died of unnatural deaths who were acting
against political class. One was from UP who posed articles against
SP leader; other one from MP wrote about illegal mining and land
grab.

c.

In August 2015 Ministry of Information and Broadcasting sent show

cause notices sent to 4 news channels accusing them of attacking the
integrity of President and the judiciary by broadcasting voices critical
of the decision to hang Yakub Memon.

d.

Also business communities threaten it by owning them they cant

write against those who funds them (Reliance takeover of CNNIBN).

e.

All this reminds us of the colonial era when they passed press
regulation acts to regulate their functioning.

Importance of freedom of press why it needs to be ensured?

a.

InRomesh Thapar v/s State of Madras, the judiciary observed that

Freedom of speech & of the press lay at the foundation of all
democratic organizations.

b.

The press acts as the fourth pillar of a democracy.

c.

Media perform various functions like being the eyes and ears of
people, keeping the goverment accountable etc An thus media argues
that it cant perform these functions unless its free.

d.

In this background NCRWC recommended that freedom of press be

specifically included under A 19 (1)(a).

Press needs to be Responsible

a.

Though, the press has played significant roles for public welfare but
at times it act irresponsibly e.g. in 26/11 case where it showed live
coverage of air dropping NSG Commandoes on the rooftop of
Nariman House and most recently in Nepal disater where the line
between vouyerism and journalism was blurred.

b.

And this is due to lack of ethics, lack of regulation and profit motive.

Conclusion
a.

In words of the Father of the Nation Mahatma Gandhi, The role

of journalism should be service. The Press is a great power, but an
uncontrolled pen serves but to destroy.

b.

Thus press freedom should be ensured but they shouldnt misuse it.

Notes