Context: In a counter Affidavit filed in an ongoing case Centre Govt has mentioned there is a need for regulatory mechanism for web based digital media which has a very wide reach and impact.
Background

• Earlier, the Supreme Court began hearing a plea against news channel for airing the programme which claims to have unearthed ‘a conspiracy to infiltrate the civil service by Muslims’. Supreme Court restrained the channel from airing the remaining episodes till further orders.
• The Centre mentioned that if the court considers it necessary to lay down guidelines for the mainstream electronic and print media then it should first introduce measures to regulate web-based digital media.

Different Types of Media
Print Media

• It is one of the oldest means of disseminating information. 
• It is a popular form of advertising that uses physically printed media like newspapers, magazines, books, leaflets, brochures etc. 
• It is produced by printing, a process which reproduces text and images on paper using ink in a printing press. 

Electronic Media

• It refers to all means of sharing information, except the print media, such as radio, television, etc. 
• It is a media that can be shared on electronic devices for the audience viewing and can be broadcasted to the wider population. 

Digital Media

• It gives fast updates and enables us to be aware of the latest happenings, whereas with print media we have to wait till the next day. This makes it easy to spread important news among the public.
• It is two-way communication. Consumers can share their opinions, thoughts and feedback in an instant. This can also give consumers a sense of community.

Major concerns with Digital media

• Anyone can easily generate content for digital media and it is increasing fake news.
• It works on artificial intelligence algorithm: Digital media platforms can track our interests and thereby can develop our personality profile.
• Digital media platforms publish every little thing, so they contain lots of unnecessary news. 
• Unlike print media, digital media is not responsible for their content.

Issue of regulation

• Broadcast media and Print media have self regulatory bodies but digital media, which is on the rise, does not have either their own self regulation mechanism or government constituted regulatory body. 
• In digital media most of the platforms do not have sufficient reporters and hence they have no direct access or firsthand news. They rely on other sources which increases the tendency of sensationalise the news. 
• No accountability: Print media and electronic media have rights and responsibilities for their content which is not in the case of digital media. This makes it unaccountable and can lead to fake news, hate speech.
• Social media agencies are liable to court but the process is not instant.

Existing laws and norms for controlling media
Pravasi Bhalai Sangathan vs Union of India (2014): In its judgement, the Court had noted that the implementation various sections of the following laws solve the problem of hate speech:

• Indian Penal Code, 
• the Information Technology Act, 2000, 
• Code of Criminal Procudure, 1973 and the 
• Cable Television Networks (Regulation) Act, 1995.

Cable Television Network Rules, 1994 existed as a code for TV broadcasters

• OTT providers are governed by the Information Technology Act, 2000 Section 79 where the intermediate liabilities lie. 
• Over the top (OTT) refers to film and television content provided via a high-speed Internet connection rather than a cable or satellite provider.

Information Technology Act, 2000

• IT act 2000 regulates use of computers, computer systems, computer networks and also data and information in electronic format.
• Tampering with computer source documents, Hacking with computer system, Act of cyber terrorism, Cheating using computer resource etc. are some offences under this.

Section 79 of Information Technology Act, 2000

• It exempts intermediaries from liability in certain instances. It states that intermediaries will not be liable for any third party information, data or communication link made available by them.

Road Ahead

• Being digital media or web based platforms does not give any immunity from the regulation as far as abiding to the laws and convention of the society is concerned. 
• There is a lot of value which digital media platforms are offering so there is a need to only check the misuse of these platforms. 
• There should be regulation and better mechanism. The internet community should come forward for self regulatory body or any institutional mechanism.