NEW DELHI, 3 July 2006 — In case of war or a natural calamity of national magnitude, “in public interest,” the federal government may “take over the control and management of any of the broadcasting services or any facility connected therewith, suspend its operation or entrust the public service broadcaster to manage it, in the manner directed by the government for such period as it deems fit,” according to a draft legislation to be discussed by the Cabinet.
While Information and Broadcasting Minister Priya Ranjan Dasmunshi has strongly defended the proposed bill, the Bharatiya Janata Party has said it would oppose it “tooth and nail.” Dismissing criticism of the Broadcasting Services Regulation Bill, 2006 aimed at regulating the electronic media, Dasmunshi said: “Some of these reports are not factually correct, although I would not characterize them as misleading. I reassure the nation of the commitment of the government to the freedom of the press.”
The new law is meant to facilitate and develop carriage and content of broadcasting in an orderly manner, the minister said.
To regulate private broadcasting, the proposed legislation also provides for punishment that includes revocation of license and fines in case of violation of broadcast guidelines. If the service is “considered prejudicial to friendly relations with a foreign country, public order, communal harmony or security of the state,” the government may at any time direct the licensing authority to suspend or revoke a broadcasting service’s license.
The proposed legislation also provides for the setting up of a Broadcasting Regulatory Authority of India (BRAI), with a chairperson, six fulltime members and a government official of at least the rank of additional secretary. Describing the proposed law as “draconian” and anti-press, most political parties have criticized it for aiming to arm civil and police officials with powers to prosecute media companies on complaints of even individuals. Countering this, Dasmunshi said: “Most of these powers are already available through legislation.” Cable Television Networks Regulations Act 1995 already has such clauses, he pointed out.
Criticizing the United Progressive Alliance (UPA) government for drafting such legislation, opposition leader Lal Krishna Advani said: “It reminds me of emergency days when the worst hit was freedom of the press, which is considered the fourth pillar of democracy. Our hunch is that the ruling party is in a bad shape and so its anger is first directed against the media. We will oppose it tooth and nail.”
Advani was referring to the national emergency clamped by Prime Minister Indira Gandhi in 1975 under which civil liberties were severely curtailed, scores of opposition leaders thrown into prison and the press was muzzled.
