NEED FOR A NATIONAL MEDIA COUNCIL: RECOGNISING JOURNALISTS, AND PROTECTING PRESS FREEDOM

Why In News?

Police detentions of freelance journalists in New Delhi prompted a Supreme Court Bench led by Chief Justice of India (CJI) to examine a Public Interest Litigation (PIL) addressing freelancers' fundamental rights under Article 19(1)(a) and the need for a statutory National Media Council (NMC).

What Is The Current Framework For Media Regulation In India?

Constitutional and Judicial Safeguards: Freedom of the press is implicitly guaranteed under Article 19(1)(a) as part of the fundamental right to freedom of speech and expression. 

• The Supreme Court affirmed in Romesh Thappar vs State of Madras (1950) that freedom of expression forms the foundation of all democratic institutions, while Bennett Coleman & Co. vs Union of India (1972) established that indirect financial or newsprint restrictions violate Article 19(1)(a). 

• However, this freedom remains subject to reasonable restrictions under Article 19(2) on grounds of national security, public order, and decency.

Statutory Print Regulation: The Press Council of India (PCI), established as a statutory, quasi-judicial body under the Press Council Act, 1978, regulates print media.

• The PCI comprises a Chairman (traditionally a retired Supreme Court judge) and 28 members, including 13 working journalists (with 6 editors).

Executive Accreditation Mechanism: Statutory recognition of individual journalists is absent. 

• Government accreditation is issued by the Press Information Bureau (PIB) at the Centre and the Directorate of Information and Publicity (DIP) across States. 

• This accreditation operates under strict circulation and subscriber quotas, excluding independent, freelance, and digital working journalists defined under the Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020.

Broadcast and Electronic Media Governance: Television broadcasting is governed by the Cable Television Networks (Regulation) Act, 1995 alongside the Programme and Advertising Codes. 

• Private channels rely on voluntary self-regulation via the News Broadcasting & Digital Standards Authority (NBDSA) under the News Broadcasters & Digital Association (NBDA).

Digital Media and Intermediary Framework: Digital news portals and online content platforms are governed under Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, promulgated under the Information Technology Act, 2000.

• Executive blocking powers are exercised through Section 69A, while Section 79(3)(b) governs intermediary safe-harbour liability. 

• Intermediary platform compliance is facilitated through government portals such as the Sahyog portal.

Why Is A Unified National Media Council Needed In India?

Institutional Limitations of the Press Council of India (PCI): Section 14 of the PCI restricts its powers to issuing warnings, admonishments, or censures without any statutory authority to levy fines, revoke licenses, or enforce primetime retractions. 

• In Ajay Goswami vs Union of India (2007), the PCI formally conceded before the Supreme Court that its statutory powers are inadequate to ensure compliance from non-compliant publishers.

Failure of Self-Regulation in Electronic Media: Voluntary self-regulation has failed to maintain ethical standards in television broadcasting. 

• Out of 926 private channels in India, 576 private television channels remain completely unassociated with any self-regulatory complaints mechanism. (Source: Parliamentary Standing Committee on Communications and IT Report, 2023).

Media Convergence and Regulatory Silos: Corporate media conglomerates operate print, television broadcasting, and digital video portals simultaneously. 

• Regulating a single converged entity across fragmented silos (PCI for print, NBDSA for television, and IT Rules, 2021 for digital) creates administrative loopholes and regulatory arbitrage.

Journalistic Definition and Creator Economy Crisis: The proliferation of digital devices has blurred the boundary between professional journalists and social media content creators. 

• Establishing a statutory National Media Council modelled on self-governing professional bodies like the Bar Council of India (BCI) and Institute of Chartered Accountants of India (ICAI) would institutionalize professional accreditation through peer review rather than executive state control.

Cross-Media Monopolies and Pluralism Deficits: India is ranked 157th out of 180 countries in the 2026 World Press Freedom Index published by Reporters Without Borders (RSF).

• Unchecked cross-media consolidation and monetization through corporate "private treaties" severely compromise editorial independence and public trust.

What Are The Challenges In Media Governance?

Executive Overreach and Financial Coercion: Governments deploy advertising allocation through the Central Bureau of Communication (CBC / DAVP) as financial leverage to demand editorial compliance.

• In Bennett Coleman & Co. vs Union of India (1972), the Supreme Court struck down arbitrary state control over newsprint and revenue, describing press freedom as the "Ark of the Covenant of Democracy".

Suppression of Paid News Inquiries: Structural vulnerability to commercial interests was demonstrated when the Press Council of India Paid News Inquiry (2010) exposed structured monetization, corporate "private treaties", and political candidate collusion during elections, but the report was initially suppressed under publisher pressure until compelled by the Central Information Commission (CIC).  

Defamation and Judicial Balancing: Balancing press freedom under Article 19(1)(a) against personal dignity under Article 21 remains a complex judicial issue.

• In Editor-in-Chief, Times of India vs State of Maharashtra (2025), the Supreme Court ruled that journalistic freedom must be bound by verified reporting, factual accuracy, and ethical diligence, confirming that free speech does not justify speculative defamation.

Constitutional Vulnerabilities of State Control Mechanisms: Judicial decisions have repeatedly invalidated excessive executive control over online speech. 

• In 2024, the Bombay High Court invalidated state-mandated fact-checking units under the IT Rules, 2021 as unconstitutional and disruptive to free expression.

What Reforms Are Needed For Effective Media Governance?

Statutory Co-Regulation Framework: The Media Transparency (And Accountability) Bill, 2024, drafted by the Press Club of India, proposes replacing the Press Council Act, 1978 with a statutory National Media Council (NMC). 

• The proposed 22-member council includes a retired Supreme Court judge, parliamentarians, and journalists chosen by bodies like the Editors Guild of India, DIGIPUB, and working unions to insulate regulation from executive control.

Independent Funding via National Media Fund: To guarantee operational autonomy from the Ministry of Information and Broadcasting (MIB), an independent National Media Fund should be established, funded by a 2% statutory cess on political party revenues.

Standardized National Police Protocol: A standardized national law enforcement protocol should be instituted to ensure law enforcement officers cannot detain or impede journalists holding valid press credentials during public assemblies.

Cross-Media Ownership Transparency: Strict rules should be enacted based on the Telecom Regulatory Authority of India (TRAI) 2014 Recommendations on Media Ownership to limit cross-media concentration, mandate disclosure of ultimate beneficial ownership, and prevent market distortion.

Anti-SLAPP Statutory Protections: Dedicated Anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation should be enacted to safeguard investigative journalists from frivolous litigation filed by corporate or political entities.

Cross-Platform Tiered Regulation Model: Reforming digital media governance should draw from international models like the Reuters Institute Tiered Framework, establishing a 3-tiered cross-platform standards architecture (Premium Public Service, Ethical Private Voluntary Opt-In, and Baseline Statutory Minimums) marked by visible compliance badges.

Learn from International Best Practices:

• Australia's News Media Bargaining Code: Mandates digital platform revenue sharing with news publishers.

• EU's Digital Services Act (DSA): Enforces algorithmic transparency, risk mitigation, and systemic oversight for digital information platforms.

Conclusion

Establishing an independent statutory National Media Council strikes an optimal constitutional balance between Article 19(1)(a) free speech guarantees and Article 19(2) accountability requirements.  

Source: THEHINDU