Media in India is mostly self-regulated.  The existing bodies for regulation of media such as the Press Council of India which is a statutory body and the News Broadcasting Standards Authority, a self-regulatory organization, issue standards which are more in the nature of guidelines.  Recently, the Chairman of the Press Council of India, former Justice of the Supreme Court, Mr. M. Katju, has argued that television and radio need to be brought within the scope of the Press Council of India or a similar regulatory body.  We discuss the present model of regulation of different forms of media. This note was first published at Rediff. 1. What is the Press Council of India (PCI)? The PCI was established under the PCI Act of 1978 for the purpose of preserving the freedom of the press and of maintaining and improving the standards of newspapers and news agencies in India. 2. What is the composition of the PCI and who appoints the members? The PCI consists of a chairman and 28 other members.  The Chairman is selected by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha and a member elected by the PCI. The members consist of members of the three Lok Sabha members, two members of the Rajya Sabha , six editors of newspapers, seven working journalists other than editors of newspapers,  six persons in the business of managing newspapers, one person who is engaged in the business of managing news agencies, and three persons with special knowledge of public life. 3. What are its functions? The functions of the PCI include among others (i) helping newspapers maintain their independence; (ii) build a code of conduct for journalists and news agencies; (iii) help maintain “high standards of public taste” and foster responsibility among citizens; and (iv) review developments likely to restrict flow of news. 4. What are its powers? The PCI has the power to receive complaints of violation of the journalistic ethics, or professional misconduct by an editor or journalist.  The PCI is responsible for enquiring in to complaints received.  It may summon witnesses and take evidence under oath, demand copies of public records to be submitted, even issue warnings and admonish the newspaper, news agency, editor or journalist.  It can even require any newspaper to publish details of the inquiry.  Decisions of the PCI are final and cannot be appealed before a court of law. 5. What are the limitations on the powers of the PCI? The powers of the PCI are restricted in two ways. (1) The PCI has limited powers of enforcing the guidelines issued.  It cannot penalize newspapers, news agencies, editors and journalists for violation of the guidelines.  (2) The PCI only overviews the functioning of press media.  That is, it can enforce standards upon newspapers, journals, magazines and other forms of print media.  It does not have the power to review the functioning of the electronic media like radio, television and internet media. 6. Are there other bodies that review television or radio? For screening films including short films, documentaries, television shows and advertisements in theaters or broadcasting via television the Central Board of Film Certification (CBFC) sanction is required.  The role of the CBFC is limited to controlling content of movies and television shows, etc.  Unlike the PCI, it does not have the power to issue guidelines in relation to standards of news and journalistic conduct. Program and Advertisement Codes for regulating content broadcast on the television, are issued under the Cable Television Networks (Regulation) Act, 1995.  The District magistrate can seize the equipment of the cable operator in case he broadcasts programs that violate these Codes. Certain standards have been prescribed for content accessible over the internet under the IT Rules 2011.  However, a regulatory body such as the PCI or the CBFC does not exist.  Complaints are addressed to the internet service provider or the host. Radio Channels have to follow the same Programme and Advertisement Code as followed by All India Radio.  Private television and radio channels have to conform to conditions which are part of license agreements.  These include standards for broadcast of content.  Non-compliance may lead to suspension or revocation of license. 7. Is there a process of self regulation by television channels? Today news channels are governed by mechanisms of self-regulation.  One such mechanism has been created by the News Broadcasters Association.  The NBA has devised a Code of Ethics to regulate television content.  The News Broadcasting Standards Authority (NBSA), of the NBA, is empowered to warn, admonish, censure, express disapproval and fine the broadcaster a sum upto Rs. 1 lakh for violation of the Code.  Another such organization is the Broadcast Editors’ Association. The Advertising Standards Council of India has also drawn up guidelines on content of advertisements. These groups govern through agreements and do not have any statutory powers. 8. Is the government proposing to create a regulatory agency for television broadcasters? In 2006 the government had prepared a Draft Broadcasting Services Regulation Bill, 2006.  The Bill made it mandatory to seek license for broadcasting any television or radio channel or program.  It also provides standards for regulation of content.  It is the duty of the body to ensure compliance with guidelines issued under the Bill.

Recently, Delhi witnessed large scale protests by various groups demanding stricter punishment and speedier trial in cases of sexual assault against women.  In light of the protests, the central government has constituted a Commission (headed by Justice Verma) to suggest possible amendments in the criminal law to ensure speedier disposal of cases relating to sexual assault.  Though the Supreme Court, in 1986, had recognised speedy trial to be a fundamental right, India continues to have a high number of pending cases. In 2012, the net pendency in High Courts and subordinate courts decreased by over 6 lakh cases. However, there is still a substantial backlog of cases across various courts in the country.  As per the latest information given by the Ministry of Law and Justice, there are 43.2 lakh cases pending in the High Courts and 2.69 crore cases pending in the district courts.[1]

After the recent gang-rape of a 23 year old girl, the Delhi High Court directed the state government to establish five Fast Track Courts (FTCs) for the expeditious adjudication of cases relating to sexual assault.   According to a news report, other states such as Maharashtra and Tamil Nadu have also begun the process of establishing FTCs for rape cases.  In this blog, we look at the status of pending cases in various courts in the country, the number of vacancies of judges and the status of FTCs in the country. Vacancies in the High Courts and the Subordinate Courts One of the reasons for the long delay in the disposal of cases is the high number of vacancies in position for judges in the High Courts and the District Courts of the country.  As of December 1, 2012, the working strength of the High Court judges was 613 as against the sanctioned strength of 895 judges.  This reflects a 32% vacancy of judges across various High Courts in the country.  The highest number of vacancies is in the Allahabad High Court with a working strength of 86 judges against the sanctioned strength of 160 judges (i.e. vacancy of 74 judges).   The situation is not much better at the subordinate level.  As on September 30, 2011, the sanctioned strength of judges at the subordinate level was 18,123 judges as against a working strength of 14,287 judges (i.e. 21% vacancy).  The highest vacancy is in Gujarat with 794 vacancies of judges, followed by Bihar with 690 vacancies. Fast Track Courts The 11th Finance Commission had recommended a scheme for the establishment of 1734 FTCs for the expeditious disposal of cases pending in the lower courts.  In this regard, the Commission had allocated Rs 500 crore.   FTCs were to be established by the state governments in consultation with the respective High Courts.  An average of five FTCs were to be established in each district of the country.  The judges for these FTCs were appointed on an adhoc basis.  The judges were selected by the High Courts of the respective states.  There are primarily three sources of recruitment.  First, by promoting members from amongst the eligible judicial officers; second, by appointing retired High Court judges and third, from amongst members of the Bar of the respective state. FTCs were initially established for a period of five years (2000-2005).  However, in 2005, the Supreme Court[2] directed the central government to continue with the FTC scheme, which was extended until 2010-2011.  The government discontinued the FTC scheme in March 2011.  Though the central government stopped giving financial assistance to the states for establishing FTCs, the state governments could establish FTCs from their own funds.  The decision of the central government not to finance the FTCs beyond 2011 was challenged in the Supreme Court.  In 2012, the Court upheld the decision of the central government.[3]  It held that the state governments have the liberty to decide whether they want to continue with the scheme or not.  However, if they decide to continue then the FTCs have to be made a permanent feature. As of September 3, 2012, some states such as Arunachal Pradesh, Assam, Maharashtra, Tamil Nadu and Kerala decided to continue with the FTC scheme.  However, some states such as Haryana and Chhattisgarh decided to discontinue it. Other states such as Delhi and Karnataka have decided to continue the FTC scheme only till 2013.[4]

Table 1: Number of Fast Track Courts and the pending cases in FTCs                     (As on March 31, 2011)

State No of FTC No of cases transferred until March 31, 2011 Pending cases
Arunachal Pradesh 3 4,162 2,502
Bihar` 179 2,39,278 80,173
Assam 20 72,191 16,380
West Bengal 109 1,46,083 32,180
Goa 5 5,096 1,079
Punjab 15 58,570 12,223
Jharkhand 38 1,10,027 22,238
Gujarat 61 5,37.636 1,03,340
Chattisgarh 25 9,4670 18,095
Meghalaya 3 1,031 188
Rajasthan 83 1,49,447 26,423
Himachal Pradesh 9 40,126 6,699
Karnataka 87 2,18,402 34,335
Andhra Pradesh 108 2,36,928 36,975
Nagaland 2 845 129
Kerala 38 1,09,160 13,793
Mizoram 3 18,68 233
Haryana 6 38,359 4,769
Madhya Pradesh 84 3,60,602 43,239
UP 153 4,64,775 53,117
Maharashtra 51 4,23,518 41,899
Tamil Nadu 49 4,11,957 40,621
Uttarakhand 20 98,797 9006
Orissa 35 66,199 5,758
Manipur 2 3,059 198
Tripura 3 5,812 221
Total 1192 3898598 6,05,813

Sources:  Lok Sabha Unstarred Question No.498, March 3, 2012; PRS

 


[1].  Rajya Sabha Starred Question no 231 dated December 10, 2012.

[2].  Brij Mohan Lal v Union of India (2005) 3 SCR 103.

[3].  Brij Mohan Lal v Union of India (2012) 6 SCC 502. [4].  Rajya Sabha Unstarred Question no 2388 dated September 3, 2012.