In an attempt to pressurise the broadcasting media, the Information and Broadcasting Ministry has drafted a bill that seeks to give sweeping powers to the bureaucracy to “inspect, search and seize equipment” and even “prosecute” media companies on a mere complaint from any individual. The draft copyhas been prepared for the cabinet’s approval.
The policing powers of officials set down in Section 24 are enforced under Section 23 (iv) that seeks to give every “authorised” officer the power to “prosecute” the “offenders” and “to prohibit any service provider from transmitting or re-transmitting any programme if it is not in conformity with the prescribed Content Code.”
Apart from empowering government officials of the rank of district magistrate, sub-divisional magistrate or policecommisioner to enter newsrooms and seize equipment, the draft bill sets down arbitrary limits to cross-channel ownership.
What may become indeed frightening for the media is that according to the draft bill, officials can do this on mere receipt of a complaint from either a consumer forum or individual.
The primary nod of the proposed law is clearly on controlling the media by punitive action. Section 25 underlines thebureaucrat’s authority to confiscate equipment, impose a fan “which may extend up to Rs 50 lakh”, “suspend” or “revoke” the licence and “curtail” the licence period.
Section 37 makes it clear that the official’s action cannot be challenged even in Court. “No civil court shall have the jurisdiction to entertain any suit or proceedings in respect of any matter which the Authority of the Licensing Authority is empowered by or under this Act to determine,”it says.
The draft bill, ina professed attempt to prevent monopolies across different segments of the media, suggests arbitrary ownership caps while giving authority to prescribe eligibility conditiond and impose restrictions.