Accountability And Responsibility Of News Broadcasting Media In India: A Constitutional And Regulatory Analysis
M Themmarylhai Haokip, Christ University, Bangalore (Pune Campus)
ABSTRACT
In the constitutional framework, news broadcasting media assume a central role, with the media recognised as the "Fourth Estate" with its authority flowing directly under Article 19(1)(a) of the Indian Constitution. Nevertheless, there is an apparent disconnect between the two, especially in the current media scenario. In this paper, it is argued that media freedom is not equivalent to commercial license but is, in fact, constitutionally mandated and underpinned by trust in democracy.
This article, through a doctrinal and regulatory analysis, attempts to examine the Cable Television Networks (Regulation) Act, 1995, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, with regard to the structural limitations of the regulatory framework in ensuring ethical compliance. Moreover, it critically examines the voluntary self-regulatory model of the News Broadcasting & Digital Standards Authority (NBDSA), which is an adjudicatory body under the News Broadcasting & Digital Association, with regard to the "accountability deficit" in broadcast journalism due to the lack of a regulatory framework. Furthermore, it is argued that the economic imperatives of TRP-based rewards and competition-based sensationalism result in the "commodification of news," which is inaccurate, unfair, and raises constitutional concerns.
This study, through an analysis of key judicial cases such as Sahara India Real Estate Corporation Ltd. v. SEBI and Justice K.S. Puttaswamy v. Union of India, attempts to evaluate the constitutional conflict between the freedom of the media and other constitutional freedoms such as privacy, dignity, and a fair trial. It concludes that a co-regulatory model has to be developed to strike a balance between the freedom of the media and constitutional accountability.
Keywords: Media Accountability; Social Responsibility; Broadcast Ethics; Article 19(1)(a); Media Trials; TRP Manipulation; Co-regulation; Constitutional Duty.
