["UPSC Jihad" matter] Before regulating TV channel or series, inevitable to start exercise with digital media: Centre tells Supreme Court

The Union Ministry of Information and Broadcasting has informed the Supreme Court that any endeavour to regulate television channels or series has to begin with the role of "uncontrolled" digital media.

. The affidavit filed by the Centre in the case concerning Sudarshan TV's controversial "UPSC Jihad" programme states that any further regulation of print or electronic media would prompt them to put out their content through digital media.

.[BREAKING] Regulate digital media first before TV or Electronic media, Centre tells Supreme Court in plea against Sudarshan TV'S UPSC Jihad. It is stated,

. "Any further regulation of electronic and print media by this Hon'ble Court either by way of guidelines or providing for any redressal mechanism would incentivise broadcasters [who may otherwise be desirous of publishing / telecasting undesirable content] to use electronic media less and telecast / publish the same thing on digital platforms which would remain unregulated despite having wider reach without any corresponding responsibility or obligation." Affidavit filed by Centre . The Centre has specifically sought to regulate “web-based digital media” which includes “web magazines” and “web-based news channels” and “web-based news-papers” which are "uncontrolled."

The affidavit further states that digital media uses spectrum and internet which is 'public property.' It goes on to state,

. "There is a parallel media which is going on with wider reach and impact. The way electronic media uses “airwaves” [which is a public property], the web based digital media also uses “spectrum” and “internet” which is also a public property. Web based digital media include digital web portals, web magazines and channels run on video hosting platforms such as you tube etc, which are in lakhs and crores in numbers." Affidavit filed by Centre .Out of 29 cr, 1 cr received from foreign links, Sudarshan TV cherry-picking facts: Zakat Foundation Of India files intervention application. The Centre substantiates this by stating that for starting a “web magazine”, “web based portals”, “web based newspaper” or a “web based channels”, there are no eligibility criteria or qualifications that are stipulated.

"No registration is necessary as of now nor any statutory provisions govern their functioning as of now except some provisions of Information and Technology Act," reads the affidavit.

. The government has further submitted that in case of electronic and print media, "the security of the nation is also taken care of at the time of the registration and/or grant of license". Further,

. "There is absolutely no check on the web based digital media. Apart from spreading venomous hatred, deliberate and intended instigation to not only cause violence but even terrorism it is also capable of indulging in tarnishing the image of individuals and institutions. The said practice is, in fact, rampant." Affidavit filed by Centre . Regarding the existing framework of regulation, the Centre states that as and when the I&B Ministry receives complaints with regard to violations of the Programme and Advertising Codes, the same are sent to the self-regulating bodies for addressing the grievances.

However, in respect of TV channels which are not members of the self-regulating bodies, the matter is taken up directly by the Ministry.

. During the previous hearing in the case, the bench of Justices DY Chandrachud, KM Joseph and Indu Malhotra asked the Centre to file an affidavit to state how the News Broadcasters Association can be given more power to regulate content on the air.

. The hearing will continue today at 2 pm.

["UPSC Jihad" matter] Before regulating TV channel or series, inevitable to start exercise with digital media: Centre tells Supreme Court

Debayan Roy

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