‘Deterrents in self-regulation of news channels inadequate’

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₹1 lakh penalty for potentially harmful coverage, said experts. While a section of industry executives said it was long due considering the frequent disharmony caused by television news coverage, legal experts said it might lead to establishment of an independent central authority to evaluate news content and penalize channel directors and promoters.

“The (Supreme Court) statement is related to the hearing pertaining to an appeal filed by the News Broadcasters and Digital Association (NBDA) against a Bombay high court (HC) decision. The HC’s observation is that since self-regulation mechanisms of news channels lack statutory recognition, they do not have any legal sanctity," said Mehak Khanna, partner at Khaitan and Khaitan.

“Given that neither the Centre nor a statutory agency has any control on the operations of the channels, liabilities and penal consequences outlined in the self-regulatory mechanisms are not sufficient and do not act as deterrents considering the extent of damage and profits the news organizations make," she added. According to legal experts, since existing penal actions are inadequate for those not complying with the self-regulatory norms, other mechanisms which may act as warnings or deterrents can be incorporated, such as establishing an independent central authority or agency to monitor and assess the content shown by news channels.

The authority may also impose fines and penalties in the proportion of profits made by the channels compared to existing fine of just ₹1 lakh, they added. This might encourage bodies like the NBDA to adopt robust codes of conduct and ensure adequate compliance and punishment for directors and promoters, legal experts said.