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"I would rather have a completely free press, with all the dangers involved in the wrong use of that freedom, than a suppressed or regulated press.”

                                                       --Pundit Jawahar Lal Nehru

 Contrast this sublime view of first prime Minister of independent India with renewed move of the Congress-led Union Government to `regulate’ broadcast media. `Consultations’ with various stakeholders including civil society organizations besides, of course, various bodies of the industry are underway. The justification for this move that the Government offers is “the issue of setting up a regulator for broadcasting services and prescription of a content code has been the subject matter of various Parliamentary Committee reports, judicial pronouncements, request from the state Government (s) and the civil society organizations over the past several years”.

 Again, in order not to be seen on the wrong side of liberal democratic practices, it prescribes in its draft Broadcasting Services regulation Bill the process of setting up a Broadcasting Regulatory Authority of India (BRAI). Section 15(1) (Ch-3) of draft bill reads “The Chairperson and the members of the Authority shall be appointed by the Central Government (emphasis supplied) on the recommendations of a Committee consisting of the Chairman of the Council Of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha) and the Leader of the opposition in the House of the People (Lok Sabha). 

 Now who will control the BRAI?  Its chairman and members will be appointees of the Government and by the Government (all the members of the committee are from political class—a class whose own credibility in public perception is no better than that of the media. Section 18 of the chapter under sub-heading Removal, Suspension or Resignation of Chairperson and members reads “ The central Government may remove from office or suspend the Chairperson or any member of the Authority who ….(g) abuses his position so as to render his continuance in office prejudical to public interest (emphasis supplied).

 Entire draft gives an impression that in India the Government is only custodian of public interest, and the politicians in the top niche the real upholders of virtue. While creating a façade of an independent `regulator’ it also ensures that the bureaucracy remains the main agency to punish the `erring’ and `defaulting’ broadcasting media. Section  25 of the proposed act empowers the SPs (in districts) or Commissioners of police besides SDMs to inspect, search and seize equipment etc and to prosecute, on a written compliant by the concerned Licensing Authority …… to receive and enquire into complaints from consumer groups or individual consumers or others regarding content or quality of service and report to the Licensing Authority for appropriate action”.

 The preamble of the draft bill further reads “Whereas airwaves are public property and it is felt necessary to regulate the use of such airwaves in national and public interest, particularly with a view to ensuing proper dissemination of content….” . Intentions are loud and clear. The Government will decide what is proper and what is in national and public interest—an unacceptable formulation in a free democracy.

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  The Government in its enthusiasm to shackle `powerful purveyor of ideas and values’ (its own admission in the preamble) into submission forgot the constitutional mandate. Article 19(1) (a) makes people’s right to know as fundamental right with some limits to this right under some specified heads in 19(2). The heads are sovereignty and integrity of India, security of State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Ironically public or national interest does not figure in that and therefore the State cannot restrict freedom of expression “in the interests of the general public”. The same restriction under 19 (6)) limits the right to practice any profession, or to carry on any occupation, trade or business.

 This finer difference of the Constitutional provisions must be understood by the Government. Freedom of express unlike other fundamental rights has been put on a different pedestal by the Constitution-makers.  

Another example of intended arbitrariness. Section 4 (2) of the draft bill titled “Registration of Channels and compliance with the content code” reads: The Authority may refuse to register a channel, if it is of the considered opinion that the content of the channel is likely to threaten (emphasis supplied) the security and integrity of the State or threaten peace and harmony or public order in the whole or part of the country, or threaten relations with foreign countries”.  Thus just on an `apprehension’ an  individual can be disallowed registration for launching a channel.      

 While the Union Minister for Information and Broadcasting did express her views saying her government has no intentions to control the media, the text of the draft bill and subsequent `consultations with stakeholders’ clearly show the intentions of the powers-that-be. Chapter 6 of the Bill titled Miscellaneous under sec 50 reads “The central Government may, from time to time, issue to the Authority such directions as it may deem necessary in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign countries, public order” and next section makes it binding on the Authority ie BRAI.

 What is surprising is that there are a dozen laws which restrict media including the Cable Television Network Act , 1995. But the Government seems more interested in creating a regulator so as to control news content. 

 Thomas Jefferson , the American President had said in 1786 “Our liberty cannot be guarded but by the freedom of the press, nor that be limited without danger of losing it.

 

 

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[The author is General Secretary, Broadcast Editors’ Association (BEA), and can be contacted at email: singh.nk@etv.co.in , 2E/12, Jhandewalan Extension New Delhi 110055 M-bile 9312623020]