Delhi High Court Recommended Setting Up Of A Statutory Regulatory Body For Regulating The Electronic Media

Delhi High Court Recommended Setting Up Of A Statutory Regulatory Body For Regulating The Electronic MediaElectronic media in India is crossing all limits. There is a clear and obvious cyber law due diligence for press and media in India. However, electronic media of India is not at all following the cyber law due diligence in India.

On the contrary electronic media of India is violating laws of India especially the cyber law of India. For instance, media is promoting soft porn in India. Similarly, e-commerce websites in India are engaging in punishable soft porn publication. The online pharmacies in India are violating Indian laws and illegal and unregulated online sales of prescribed medicines in India.

All these incidences are one or other form of electronic media that is by and large unregulated in India. The self regulation model for electronic media has long failed and a continuance of this model would result in abdication of its duties by our government.

In fact, recently social media regulation in India has been proposed. A public interest litigation (PIL) is also pending before the Supreme Court of India that is seeking regulations and guidelines for effective investigation of cyber crimes in India.

Now the Delhi High Court has felt that there is a need to regulate electronic media in India. The Delhi High Court has recommended to the central government for the constitution of a statutory regulatory body for controlling the electronic media.

The Court observed that the absence of state intervention on its own was no guarantee of a rich media environment. On the contrary, to promote a media environment characterised by pluralism and diversity, State intervention is necessary.

The Court recommended that a statutory regulatory body be constituted consisting persons of eminence in the field of law, science, art and culture, literature, history and social sciences.

This recommendation of the Court has been given in the context of regulatory compliance with the provisions of the Cable Television Networks (Regulation) Act, 1995, and the Cable Television Network Rules, 1994. However, it should equally apply to other electronic media like websites, blogs, social media platforms, etc as well.