by
venkateswarlu
@ 2007-10-07 - 12:47:35
THE RECENT flip-flops of the Ministry of Information and Broadcasting over the draft Broadcasting Services Regulation Bill, 2006, suggest the proposed legislation may ultimately be stillborn, as were two earlier attempts to regulate the burgeoning broadcast media in India, in 1997 and 2001. If it does become late, as Mma Ramotswe of the No. 1 Ladies' Detective Agency would put it, it will be largely unlamented. Few would mourn, let alone defend, such a mishmash of a law. Drafted in unnecessary isolation and unwise secrecy, it deals inadequately and ineptly with a wide range of disparate issues, and includes several provisions that can be — indeed have been — readily and justifiably dubbed draconian and inimical to freedom of expression.
However, freedom of expression will also be adversely affected if the baby of media regulation is thrown out with the bathwater of defective legislation. Regulation — as opposed to control — of the media is a well-established feature of modern democratic societies. The purpose of such regulation is not to serve the interests of the state, not to shield the government or other influential sections of society from scrutiny, or to prevent the dissemination of news and views that could be embarrassing or damaging to the powers-that-be.
The primary objective of media regulation in a democracy is, in fact, to preserve and protect citizens' fundamental rights to information and freedom of expression. As the Supreme Court of India noted in its landmark judgment of 1995 pertaining to the broadcast media, "The airwaves or frequencies are a public property. Their use has to be controlled and regulated by a public authority in the interests of the public and to prevent the invasion of their rights." Clearly the only legitimate role for the state in this regard is as trustees for the public. On the flip side, broadcasters are allotted use of airwaves on the assumption that they will be used to serve the public interest.
In fact, the apex court had also stated that the central government must take immediate steps to establish an independent, autonomous public authority — representative of all classes and interests in society — to control and regulate the use of airwaves. That was over a decade ago. The drafters of the present Bill cite the Supreme Court judgment, pointing out that it provides the guiding principles for regulating the broadcast sector in the country. But instead of first setting up the regulatory body mandated by the court, they seem to have opted to enable the State to take over the legitimate function of the proposed public institution.
Unfortunately, the debate sparked off by the controversial broadcast Bill and the equally problematic draft code and guidelines to regulate television content, which is also on the anvil, has so far barely focussed on the public interest issues involved in the matter. Instead, the controversy has been framed primarily as a tussle between the government and the media, as if it has no relevance or role for citizens. At the same time, civil society appears content to stay out of what is essentially a struggle over who is to determine what news and entertainment is available to the public through the airwaves, and on what basis. Yet citizens have a major stake in this question, especially in today's world, where the mass media, in general, and the electronic media, in particular, are not only omnipresent but apparently omnipotent.
The media have traditionally played a central role in the working of democracies, contributing to the creation of the "public sphere," where events and issues of importance to a political community are discussed and debated, and where information and ideas are exchanged that are essential to citizen participation in community life at the local, national and, increasingly, international levels. As historian K.N. Panikkar wrote in this newspaper in 2004, "Among the institutions that contribute to the make-up of a public sphere in society, the media perhaps perform the most critical function."
According to American media scholar Robert McChesney, since the public sphere works most effectively when it is institutionally independent of both the State and dominant economic forces in society, the point of democratic policy-making in the area of media and communication is to strive towards the challenging but necessary goal of autonomy.
Contrary to what one might expect in a world where the media occupy such commanding heights, and especially during a period that has witnessed incredible, fast-paced developments in new media and communications technologies and forms, the public sphere has been shrinking rather than expanding over the past couple of decades. Various trends in the media are believed to have contributed to this erosion of the public sphere — a worldwide phenomenon. One of these is the movement towards greater concentration of media ownership that is evident in many parts of the world.
The minority opinion in the Supreme Court's 1995 ruling was quite explicit in its opposition to media concentration. Pointing out that diversity of opinions, views, ideas, and ideologies was essential for citizens to develop informed opinions on issues of public importance, it stated that such plurality could not be provided by any medium controlled by a monopoly — whether of the state or any other individual, group or organisation. The court as a whole endorsed the notion that the broadcast media should be under the control of the public, as distinct from the government.
There is, at present, little to prevent media concentration in India other than the linguistic and socio-cultural heterogeneity of Indian society, which has so far ensured some diversity in both ownership patterns and organisational forms. There is evidence that the process of consolidation is well under way. As South Asia and media scholar Robin Jeffrey has pointed out, the 2001 figures of the Audit Bureau of Circulation indicated trends towards market domination, if not monopolies, within the press. And several media houses already have stakes in print, radio, television, and the Internet, as well as cable operations.
Curbs on ownership
The draft Bill aims to prevent media monopolies through what it calls "restrictions on accumulation of interest." Although the relevant section mentions the need to prevent monopolies across different segments of the media, the present provisions are confined to the broadcast sector, with some of the restrictions relating to equity and others to the reach or subscriber base of television channels.
Not surprisingly, these clauses have been strongly condemned by several groups representing the media industry, which have variously described such measures as anti-consumer, anti-choice and anti-market, not to mention "against the spirit of free enterprise." Organisations representing "India Inc." have also registered their disapproval of such restrictions, suggesting that they would result in fragmentation. At the same time, the proposed restrictions on ownership patterns have been welcomed by several serious and disinterested commentators who oppose other provisions of the Bill as anti-democratic.
Restrictions on ownership have been important features of media regulation in most mature democracies, including the United Kingdom, the United States, France, Germany, and Australia. In the experience of several countries, every move towards deregulation has intensified concentration of ownership. Many media-watchers, as well as informed sections of the public, in many parts of the world are concerned about this growing trend, which is understood to be a central aspect of the ongoing process of media globalisation. Over the past two decades the number of major corporations that dominate television, movies, music, radio, cable, publishing, and the Internet across the globe has dwindled from 50 to less than two dozen, with much of the control concentrated in fewer than ten massive conglomerates.
According to German media economist Manfred Kops, the disadvantages of economic concentration are especially high in the media industry: "Concentration in the media sector ... not only impairs economic competition, but also journalistic competition" (or competition between alternative ideas and opinions). He suggests that such a situation affects the public both directly and indirectly: it curtails freedom of opinion, reduces political and cultural diversity in media content, and impairs the media's ability to promote political competition and balance of power, as well as social integration.
Referring to the increasing concentration of media ownership in the United States, American journalist Bill Moyers said not long ago, "The very soul of democracy is at stake." That message obviously got across to a substantial section of the American public. In 2003, when the Federal Communications Commission sought to further deregulate the U.S. media, at least three million Americans protested against the possibility of even more concentrated ownership. With the FCC now revisiting its stand on the issue, a broad-based coalition of public interest groups has again launched a campaign to urge it to put public service before the self-interest of large media corporations.
According to Mr. McChesney, the democratic solution to "the problem of the media" is to increase informed public participation in media policy making. The flawed broadcast Bill may still serve some purpose if it awakens public consciousness here about citizens' stake in the media.