Why India Needs a Strong Regulatory Authority for Media Oversight

Suyash Tripathi

Kanupriya Bhargava

Amity Law School, Amity University, Gwalior

Why India Needs a Strong Regulatory Authority for Media Oversight

India has over 900 television channels broadcasting content to millions of homes daily. Thousands of news websites publish countless articles and many OTTS platforms stream content 24/7. The country still lacks a unified regulatory authority to oversee this massive media ecosystem.

Different bodies govern various media segments, which creates confusion in the current fragmented system of media laws. We value our freedom of speech and expression deeply. However, the absence of detailed oversight has created challenges from fake news to unethical practices in coverage.

This piece will get into why India needs a strong regulatory authority. We'll look at the current regulatory situation and discuss building a framework that balances media freedom with responsibility effectively.

The Current State of Media Regulation in India

India's current media regulatory landscape reveals a complex web of overlapping authorities and fragmented oversight. The media industry relies on self- regulation, and different bodies oversee various segments of the media ecosystem [1].

Our current regulatory framework includes:

• The Press Council of India oversees print media but lacks penalization powers.

• The News Broadcasting Standards Authority regulates television news with limited fining capacity of up to ₹1 lakh.

• The Digital Media Content Regulatory Council monitors OTT platforms

Over the last several years, our regulatory approach has undergone the most important changes, especially when you have the Information Technology Rules of 2021 (amended in 2022 and 2023). These rules now require digital news media and OTT platforms to follow a code of ethics and establish self-regulatory mechanisms [2].

Our current system faces serious challenges. India's position in the global press freedom index has dropped 19 places over the last decade [3]. The government's regulatory powers have expanded, particularly in the digital space. Platforms must now remove content that the government's fact-checking unit labels as "fake, false, or misleading" [2].

Government control over internet and social media platforms continues to grow. All online news, social media, and video streaming platforms now fall under state regulation [4]. This development raises concerns about potential risks of censorship and the delicate balance between regulation and media freedom.

Why a Unified Media Authority is Essential?

India's media world has grown rapidly, showing clear gaps in our regulatory system. Multiple oversight bodies exist today, but they can't do their job properly. The Press Council of India lacks penalty powers, and the News Broadcasting Standards Authority can only charge fines up to ₹1 lakh when rules are broken [5].

Our research shows these key challenges that just need a single regulatory system:

Market Concentration: Media ownership concentration puts freedom of speech and expression at risk [6]

Content Governance: Current systems lack proper oversight of all platforms [7]

Enforcement Powers: Existing bodies don't have enough authority to enforce rules [5]

Digital Integration: Old regulatory systems struggle with new media formats

The scattered nature of our regulatory system creates problems with content moderation and raises questions about fair treatment [8]. The telecom sector already sees this problem. TRAI now asks industry players for their thoughts on a unified broadcasting services framework [9].

A unified regulatory system must balance oversight and press freedom carefully. Industry leaders raise important points about too much control limiting free speech and government overreach [7]. The answer lies in an independent authority that protects media freedom and public interest while enforcing rules consistently on all platforms.

Building an Effective Regulatory Framework

India's media landscape needs a regulatory framework that embraces technology neutrality and ensures strong oversight mechanisms. The framework should focus on outcomes instead of specific methods. This approach lets businesses stay flexible with compliance standards [10].

A three-tier regulatory structure combining self-regulation with statutory oversight would work best. The framework should include:

An independent regulatory authority with clear enforcement powers

• A transparent grievance redressal mechanism

• Technology-neutral content governance standards

• Protection for journalistic integrity and press freedom

• Proportional penalties based on violations

The IT Rules of 2021 introduced a three-tier grievance system for digital media that culminates in oversight by an Inter-Departmental Committee of government bureaucrats [10].

The system needs strengthening to ensure the regulatory body stays independent from executive control.

Media organizations often self-censor when laws lack clarity [11]. The new framework must provide explicit guidelines and avoid retroactive clarifications that create industry uncertainty. Regulatory authorities should impose meaningful penalties beyond the current ₹1 lakh fine limit that doesn't work [12].

The regulatory framework must protect fundamental rights while addressing industry concerns. The Supreme Court emphasized avoiding both pre-censorship and postcensorship by the government while maintaining ethical standards [12]. A balanced system that promotes responsible journalism and preserves media freedom can emerge through thoughtful implementation of these measures.

Conclusion

India's media regulation faces a significant turning point. The current fragmented system doesn't deal very well with modern media challenges, despite good intentions. A unified regulatory authority would build a framework that benefits both the industry and public interest.

The proposed three-tier structure presents a practical solution for balancing oversight with press freedom. This system would enhance enforcement capabilities and protect journalistic independence. The current setup leaves regulatory bodies powerless, but the new structure addresses these limitations effectively.

The path to success requires careful implementation and active stakeholder participation. Clear guidelines, meaningful penalties, and a technology-neutral approach will create an environment where media organizations operate responsibly without arbitrary restrictions.

Media freedom and regulatory oversight complement each other naturally. The right framework enables them to work together and promote a vibrant, responsible, and ethical media ecosystem that upholds India's democratic values and public interest.

References

Why India Needs a Strong Regulatory Authority for Media Oversight

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