Hyderabad: About six years ago, the Supreme Court had struck down section 66A of the Information Technology Act, stating that it excessively and disproportionately invaded the right to free speech and expression.
While striking down the act, the court had reaffirmed the importance of the fundamental right to freedom of speech and expression.
The court had however allowed the continuance of section 69A and 79 of the IT Act with some restrictions.
During the trial on a controversial TV debate, the government had last September lamented that digital media has completely gone out of control and the media should be regulated first. Two weeks ago, it did act upon its intention.
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The government has made more stringent the rules under 69A of the Information Technology Act. In the name of controlling an ‘unfettered media’ the government sought to introduce surveillance over the media and fetter the freedom of expression.
Reacting to the government action, the Editors Guild of India has said the latest regulations under section 69A will fundamentally alter and put unreasonable restrictions over digital media and urged the government to take the rules back.
However, the Center states that the powers to implement the rules will be vested in it alone.
The right action would be to withdraw the undemocratic rules that brought digital media under the control of the government and increased media vulnerability to stand in the cage of swords.
Irrespective of the party they represented, successive governments have always tried to keep under their thumb the media platforms that published/broadcasted truth without fear and favour.
Around 12 years ago, the then UPA government had suffered a setback while trying to introduce content code for the electronic media.
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In its affidavit to the Supreme Court against digital media, the incumbent government at the centre has said, “Apart from spreading venomous hatred, deliberate and intended instigation to not only cause violence but even terrorism, it is capable of indulging in tarnishing the image of individuals and institutions.”
The government prepared the Digital Media ethics code without consulting anyone at any stage.
The Information Technology (Intermediary Guidelines and Ethics Code) Rules 2021, call for a three-tier regulation mechanism for digital media.
At the topmost level, there will be a government committee comprising of the delegates of different ministries. As this committee will be exercising its totalitarian powers, the digital media will have to exist like a frog in the shadow of a serpent’s hood.
Digital media is a futuristic platform representing the thoughts and opinions of the country’s young people. What can be more calamitous than such a media falling into the hands of government control? Since the past several decades, the country’s news media has been functioning within the limits of the freedom of expression prescribed by the Constitution.
The government’s unilateral action against Digital Media can at best be termed as uncalled for. As legal luminaries opine that the new rules are unconstitutional, the Center should backtrack from them and thus protect the freedom of the media.
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