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Self-regulation over control

The proposals submitted by the News Broadcasters’ Association to the Centre constitute an important step towards establishing internal or self-regulatory checks on their operations. Apart from a Code of Ethics, the proposals drawn up by the Association — made up of 12 television companies that run 25 news channels — include the setting up of a Disputes Redressal Authority to entertain and decide on complaints with respect to the content of any broadcast. The importance of having a self-regulatory code was reinforced by the fake sting operation against Delhi schoolteacher Uma Khurana — a totally fabricated television story that sparked off riots in the Capital. The blatant violation of all canons of journalistic ethics in this sting operation provided a handle for those in power at the Centre to renew their misguided attempts to bring broadcasting industry under a more stringent regulatory regime. Such designs were strengthened by the unfortunate Delhi High Court ruling that, among other things, suggested that all reports based on sting operations be cleared by a panel constituted by the Ministry of Information and Broadcasting. The court’s solution, which was clearly worse than the problem it was trying to address, evoked justifiable alarm among broadcasters and the print media.

Against this backdrop, the NBA’s proposals are a welcome response. They squarely address the issues thrown up by unjustifiable undercover investigations and other unethical practices. At the same time, they are entirely self-regulatory in nature, and therefore free from any mischievous design to introduce pre-censorship or other forms of governmental control of the broadcasting industry. On sting operations, the Code of Ethics lays down that they must have an “identifiable public interest”, must be used “as a last resort”, and must not use illegal methods (such as sex and sleaze) to procure information — guidelines which are similar to those accepted and enforced by some news organisations in the West. Apart from the right to warn and censure news channels, the Disputes Redressal Authority, to be headed by an eminent jurist, will have the power to propose that the government take punitive actions against any broadcaster if necessary. This will give the Authority real teeth, but the significant thing is that this power is derived entirely from a model of self-governance. As the NBA has aptly noted in its proposals, “A media that is meant to expose the lapses in government and in public life cannot obviously be regulated by government — it would lack credibility.”

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