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VOL. 7, ISSUE 4 (2021)
A critical analysis of media regulation in India
Authors
Sneha Bhand, Samraggi Chakraborty
Abstract
Media is an important tool of democracy. Its freedom is protected under Art 19(1)(a) of the Constitution. Art 19 does not only talk about absolute freedom but it talks about the freedom which has reasonable restrictions which are mentioned in Art 19(2) of the Constitution. Media includes various types like print media, broadcasting media, and recently the social media. In this paper, the researcher is dealing with electronic media only which is popularly known as broadcasting media also. The state has the power to punish the citizen if he uses his freedom beyond the limitation mentioned in the article itself. So, the state also has the power to regulate the media. The subject of media regulation is mentioned in the Central list of VIIth Schedule of the Constitution. In India, we also have many regulations and bodies to regulate the actions of the media. For print media, we have Press Council which is the statutory body established under Press Council Act. Electronic media includes Radio and Television Broadcasting. For the regulation of radio, we have a statutory body which is known as Prasar Bharati, established under Prasar Bharati Act. But for Television, we don't have statutory authority. We have a self-regulatory body like NBA, NBF. The Cable Television Network Act, 1996 provides the programme and Advertisement code which is mandatory to TV channels as well as advertisement. But the act does not provide any statutory authority for the regulation of the act. Many times, media uses the freedom and interfere in the administration of justice also violates the privacy of the person so we need more stringent laws to curtail this practice. There are various instances in history which show that state regulation can interfere with the independence and autonomy of the press and hence the same is not recommended. Also, concerning self-regulation, it can be said that it has been failed miserably in India as in the case of the NBA which deals with news media. So there is a need for amendments in acts to make stringent provisions to deter the media also we need to make an independent body which is necessary to avoid earlier failure.
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Pages:136-142
How to cite this article:
Sneha Bhand, Samraggi Chakraborty "A critical analysis of media regulation in India ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 136-142
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