I&B MINISTRY REGULATION OVER CONTENT

1.Context

The Information and Broadcasting Ministry (I&B) informed Media One, a Malayalam-language news channel, through an order that its broadcast licence had been cancelled, citing a Home Ministry order that had denied security clearance to the channel.

2.Cases where Ministry intervened

The ministry has in the past issued orders to temporarily ban news and other channels, including a 48-hour ban on Media One two years ago, along with AsiaNet for their reporting of the Delhi riots.

 In November 2016, it imposed a one-day ban on NDTV for its reporting of the Pathankot terror attack

In January 2021, Tandav on Amazon Prime became the first show on an OTT platform to edit out scenes after direct intervention by the I&B Ministry. After complaints that certain scenes hurt religious and caste sentiments, the government called a meeting with the show’s makers

3.Sectors where I&B Ministry regulates content

 It had the powers to regulate content across all sectors — TV channels, newspapers and magazines, movies in theatres and on TV, and the radio, barring the internet.

3.1.The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

 On February 25, 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, extended its regulatory powers over internet content too, especially on digital news platforms and OTT platforms such as Netflix, Amazon Prime, or Hotstar.

3.2.Electronic Media Monitoring Cell

The ministry also has the Electronic Media Monitoring Cell, which tracks channels for any violations of the programming and advertising codes mentioned in the Cable TV Network Rules, 1994. Violation can revoke a channel’s uplinking licence (sending content to a satellite) or downlinking licence (broadcasting to viewers through an intermediary).

4.Other Regulatory Bodies

4.1.Central Board of Film Certification

The Central Board of Film Certification (CBFC) has the mandate to give any film that will be played in a theatre, a rating indicating the kind of audience it is suitable for. For example, a movie with sensitive or sexual content would get an adult-only certificate. In practice, however, the CBFC has often suggested changes or cuts to a film before giving it a certification. While it isn't the CBFC's mandate to censor a film, it can withhold giving a rating unless the filmmaker agrees to its suggestions

4.2.Press Council of India-In print, based on the recommendations of the Press Council of India, the government can suspend its advertising to a publication

4.3.The I&B Ministry -last year's IT rules allowed the I&B Ministry to issue orders to ban websites based on their content

Under the new IT Rules, the Ministry can block specific YouTube channels and social media accounts based on inputs from intelligence agencies.

5.Constitutional provisions

Article 19(1) of the Constitution, while protecting the freedom of speech, also lists certain "reasonable restrictions" including content related to the security of the state, friendly relations with foreign states, public order, decency, morality, etc. Action can be taken if any of these restrictions are violated. There have been several instances when cases have been filed against filmmakers, channels, etc for other alleged offences such as hurting religious sentiments