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Writer's pictureAdv. Kabir S. Ghosh
Jul 124 min read

Traversing Latest Developments in Media Law in India


Traversing Latest Developments in Media Law in India

1.  In recent years, media law in India has witnessed significant developments, reflecting the evolving landscape of communication, technology, and governance. These developments encompass a wide range of issues from freedom of speech to regulation of digital platforms, impacting both traditional media outlets and new-age digital media.

 

Constitutional Backdrop


2.  Freedom of speech and expression is enshrined as a fundamental right guaranteed by the Indian Constitution under Article 19(1)(a). However, this right is not absolute and is subject to restrictions under Article 19(2) such as public order, defamation, morality, and security of the state. Recent judicial pronouncements have continued to balance this right with competing interests, particularly in cases involving hate speech, misinformation, and regulation of content on digital platforms.


3.  A landmark case in this regard is the case of Shreya Singhal v. Union of India (2015)[1], where the Supreme Court had the occasion to deal with the constitutional validity of Section 66A of the Information Technology Act, 2000, in a case involving the arrest of two women under the Information Technology Act, 2000 for posting allegedly offensive and objectionable comments on Facebook. The Supreme Court, while striking down Section 66A, held the provision as being vague and overbroad, and noted that Section 66A could limit all forms of internet communications as it made no distinction “between mere discussion or advocacy of a particular point of view, which may be annoying or inconvenient or grossly offensive to some and incitement by which such words lead to an imminent causal connection with public disorder, security of State etc.” 

Regulation of Digital Platforms


4.  The rise of digital media platforms has brought forth new challenges in regulation in the arena of Media law. In 2021, the Government of India introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, (amended later in 2022 and 2023). These Rules seek to regulate digital news media and OTT (Over-the-Top) platforms, and amongst other directives, mandate such platforms to adhere to a code of ethics, appoint grievance officers, and provide mechanisms for self-regulation and oversight by the government. The regulations impose stringent obligations on social media intermediaries, including requirements to remove any news related to the "business of the Central Government" that the Union Government's fact-checking unit (FCU) deems "fake, false, or misleading." Failure to comply to such removal requests have far reaching consequences including the loss of safe harbour immunity, which protects intermediaries from legal liability for user-generated content.


5. While the government justifies the Rules as necessary to curb the spread of misinformation and harmful content; the Rules have come under staunch and severe criticism from critics who argue that the rules could lead to overreach and stifle free speech. The Rules are already subject to several legal challenges by entities such as the Press Trust of India, WhatsApp, and other interested parties, before the Delhi High Court[2] the Bombay High Court[3], and the Karnataka High Court[4] and have sparked debates regarding their implications for freedom of speech and expression, as well as concerns about potential government overreach in monitoring digital content.


Press Freedom and Journalistic Ethics


6. Press freedom remains a crucial aspect of media law in India. Recent incidents of journalists facing legal action, being targeted under various laws, including sedition and defamation, highlight ongoing concerns about the environment for independent journalism in India, and such acts are often seen as attempts to stifle the press and have underscored the challenge faced by a free and fair press. This is also reflected in the concerning drop in India’s World Press Freedom Index over the years[5]. It is due to such circumstances and instances which highlights the vital role that the judiciary has played and continues to play, in upholding press freedoms through landmark judgments that safeguard journalists' rights to report fearlessly and protect their sources.


Challenges for the Future


7.  As India's media landscape evolves with time, future developments in media law are likely to focus on balancing regulatory frameworks with the protection of fundamental rights. Key areas for reform include enhancing transparency in media ownership, ensuring equitable access to information, while addressing emerging issues such as fake news, digital privacy, especially in the age of artificial intelligence and the potential misuse of deep-fakes. As this landscape evolves, the role of self-regulatory bodies, ethical guidelines for journalists, and the responsibilities of digital platforms in curbing harmful content will continue to be subjects of debate and reform.


8. In conclusion, while India has a robust legal framework for media, recent developments reflect ongoing efforts to adapt to technological advancements and societal changes. The challenge lies in maintaining a balance between freedom of expression and the need for responsible media practices in a rapidly transforming media landscape. As these issues unfold, stakeholders both on the side of policymakers, as also media professionals, the civil society, and most importantly, the judiciary, will play crucial roles in the delicate balance required to balance state interests and the rights to freedom of speech and expression, and it is precisely how this balance is maintained, that will shape the future of media law in India.


[1] (2013) 12 SCC 73

[2] T.V. Today Network Ltd. v. Union of India& Ors. W.P.(C) 4912/2024

[3] Kunal Kamra v. Union of India [WP(L)/9792/2023]

By: Adv. Kabir S. Ghosh, Advocate practicing at the Supreme Court of India and the Delhi High Court, and Partner, Minerva Legal LLP

 

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