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Published : October 23, 2011 | Author : maheshhalde
Category : Media laws | Total Views : 13472 | Rating :

Mahesh Ram Halde LL.M

Critically Analysis of Broadcasting Right and Control
Mechanism over it in the Light of Article 19 of the Indian Constitution

Media is the most effective and important source of knowledge to the people, we called it as a fourth pillar of the democratic nation. Most instant and effective way of publication and distribution of news are TV channels, which now a days overcome by competitive market in the field of media broadcasting. With the development of communication technology and public interest in large various TV channels emerged as the competitive business in Indian Broadcasting media.

Television media is one of the recent concepts in the field of broadcasting media.

At starting to television broadcasting, as early as in 1980’s only Doodarshan, which was state own broadcasting media was available, but in the course of technological developments Television media converted into large number of private television channels which now provide for the broadcasting of various news reports and other entertainment programmes for 24 hours non-stop service.

In 1990’s 24 hours News channels provided news to the Indian audience or Indian peoples in Hindi, Marathi, English and many more regional languages provided the continue services. Now in 2000 there is lot off competitive market in news media coverage and they provided every second news for better competence, they provided the every second news of happening of event and government working. The government for the regulation of the Broadcasting they firstly attempt to regulate the non-government broadcast media focused on cable operators resulted into cable The Television Networks (Regulation) Act, 1995.

Regulation is required as there is the emergence of large number of competition so as to save from the unauthorized and unlawful use of media. The broadcasting develops as one of the Fundamental Rights provided in Part III vide Article 19 of the Indian Constitution. It provides the right to speech and expression which directly reflect the right to publication and circulation of ones own views in the public with certain restrictions which are provided in the Article 19(2). Freedom of Speech and Expression broadly means opinions and owns feeling expressed by words, mouth, writings, printings, pictures or any other mode of communication. It includes the expression of one’s ideas through any communicable media or visible representation, which also called broadcasting. The freedom of propagation of idea is secured by freedom circulation.

Its means every citizen has right to broadcast his article, book, painting and own views through various broadcasting media like T.V. channels, FM radio, news papers, magazine, mobile networks etc. This right is also regulated by Supreme Court through its various decisions also has extend the scope of freedom of speech

and expression. One of the important decisions related to publication is LIC of India v. Manubhai D. Shah . In this case it was held that the LIC magazine is regulated by public fund and therefore its refusal to publish the respondent’s rejoinder was unfair and unreasonable and arbitrary and was violative of Article 19(1) (a) of the Indian Constitution.

In another landmark judgment of Secretary, Ministry of Information and Broadcasting v. cricket Association of Bengal, in that case the Supreme Court held that the Right to Freedom of Speech and Expression includes the right to telecast and broadcast the matches and this right belongs to the organization, which cannot be interfered by any one. The organization is free to choose any agencies or broadcasting media which it thinks appropriate to telecast the matches.

Broadcasting media must be under control of public. In land mark judgment delivered in the year 1995 it was held that, the primary purpose of all broadcasting media is only for the public interest. Airways frequencies are the public property.

Their use must be controlled and regulated by public authority in public interest to prevent the invasion of this right.

This media provided the circulation and distribution of news and views directly into the public at large, it is vary dangerous to safety and security of nation as well as public morality any obscene and scandalous statement will affect the peace and security of the state or society, so that it must be regulated and controlled over broadcasting media.

Example:-1) 26/11 attack of Mumbai at hotel Taj. During that attack, media broadcast live coverage of every action of the Indian defense side and live movement of Taj which in turn helped the terrorist to known the every plan of the Government which posed threat to security of State.

At the top of the hierarchy of control of the broadcasting media is the Ministry of Information and Broadcasting, which regulates the broadcasting through various rules and regulations. Ministry of Information and Broadcasting controls through its sub authorities for the effective mechanism to regulate broadcasting. In which there is Prasar Bharti for broadcasting and censer board to regulate motion picture in India, under which there are many organizations which control broadcasting media in regional levels. In recent development to control broadcaster from unauthoriesed and uncensored broadcasting is Broadcasting Content Compliant Council (BCCC) under control of Indian Broadcasting Federation (IBF). This authority receives the complaints from the people against uncensored seen on television network and punishes to those TV channels who violet the rule.

Broadcasting is part of right to freedom of speech and expression provided by Article 19(1) of the Indian Constitution and various Supreme Court decision like Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal. Through this judgment, the Supreme Court provided that, the Air space is not the monopoly of the Government; it is used for public interest. Like wise many decisions of the Supreme Court provide that the broadcasting media is right for public interest.

But due to the competition in the broadcasting market the TV channels are large in number and try to compete with each other, so they are used to Broadcast uncensored scenes and unauthorized scene also the scenes, which harm the security of the nation. Therefore there must be a proper regulation and control over broadcasting media through effective mechanism.

Sum up:
Broadcasting media is the emerging market in the television broadcasting media there for it competition is increase day by day that greatly affect the public morality and security of state by Broadcasting uncesor scene and unauthorized which is harm to security of state for this it must be regulate and controlled. Thought it is right emerged under the Article 19 of the India constitution but it must regulate through effective legislation. Present legislation and authority are not effective as to control Broadcasting media.
1.India v. Manubhai D. Shah
2. AIR 1992 3 SC 637
3. AIR1995 2 SC 161
Mr. Mahesh R. Halde LL.M And Miss. Priya S. Dhanokar LL.M (S.G.B Amravati University)

Authors contact info - articles The  author can be reached at: maheshhalde@legalserviceindia.com

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