TV news channels in a fix over IT rules
Premium- News broadcasters that have sought exemption from the new information technology rules are yet to receive any response from the government
NEW DELHI : News broadcasters that have written to the ministry of information and broadcasting to be excluded from the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, are open to considering legal options to challenge them. This comes close on the heels of technology giant Google telling the Delhi high court this week that its search engine had been ‘mischaracterized’ as a social media intermediary.
Television channels, which requested the government for exemption from the rules, through their lobby group News Broadcasters Association (NBA), are yet to hear from the government on the request. Instead, on 26 May the information and broadcasting ministry put out a statement asking digital news sites to provide details such as language in which content is published, website, mobile apps, social media accounts, RNI (Registrar of Newspapers for India) registration number or TV channels permitted by the ministry, contact person, grievance redressal officer in India, the self-regulatory body of which the publisher is a member and particulars of news editor. The ministry set a deadline of 15 days for this information to be furnished, which expires on 10 June.
MORE FROM THIS SECTIONSee All
To be sure, the intermediary guidelines notified on 25 February mandate news channels and their websites to appoint a grievance redressal officer based in India to act upon complaints, besides forming a self-regulatory body headed by a retired Supreme Court or high court judge or an eminent person. In its letter, NBA had stated that news channels were already governed by various statutes such as the Cable Television Networks Regulation Act, 1995 [Cable TV Act], and directions of self-regulatory bodies such as the News Broadcasting Standards Authority (NBSA), and that content on their digital platforms was the same as their linear TV feed. NBSA is an independent body set up by NBA for self-regulation of 24X7 news channels.
“Both NBA and the Digital News Publishers Association have written individually to the ministry but we haven’t received a response. The worrying part is the government reiterates it has been in consultation with the industry but none of us has ever been invited for feedback," said a news channel executive on the condition of anonymity. Digital News Publishers Association is a self-funded group of media companies including Dainik Bhaskar, NDTV, Hindustan Times, Indian Express, and Times of India. Information and broadcasting ministry did not respond to Mint's queries on its stand on the news channels' request.
NBA also stated that till court matters challenging the IT Rules, 2021 (such as the one filed by digital news publishers) are pending, they should be kept in abeyance or suspension specifically with regard to its members.
While news broadcasters were open to considering legal options, they are building consensus on the same. “Things are all over the place right now and nobody wants to jump the gun unless other people do it. Plus, there are some who find certain aspects (of the rules) problematic, but you can’t comply with some directives and challenge others," said an executive of a TV news channel declining to be named.
TV news channels are not sure if they would get immediate relief from court in case they decide to approach them. The recent petition by digital news publishers The Wire and The Quint challenging the IT Rules has been adjourned to 4 August with the bench refusing to grant interim protection that was sought. These digital-first organizations are part of a body called DIGIPUB News India Foundation. Its members did not respond to Mint’s queries.
A legal expert who did not wish to be named said that instances such as that of Google moving court are different from arguments of news publishers. But whether it’s TV channels or digital sites, “everyone seems to be challenging the rules, in part or in full", the person said.
“It’s a tricky situation that will eventually impact the freedom of the press and give the government the power to regulate us with a heavy hand," said one of the two news executives. Most channels already had grievance officers as part of NBA rules. But clubbing them with social media intermediaries would mean addressing all complaints, many of which could be frivolous or motivated, making for an expensive and time-consuming process ridden with red tape and bureaucracy, the person added.
“Along with the recent clampdown on Twitter and WhatsApp, these are ways to regulate the media that is supposed to question their accountability," the person said.
Never miss a story! Stay connected and informed with Mint. Download our App Now!!