Extending Securities Regulation to the Fourth Estate

A free and active press generally provides impetus for instilling enhanced corporate governance practices in any economy, as it does in India. However, conflicts of interest that the media faces may create distorted incentives that dilute these objectives. One such conflict is presented by the concept of “private treaties” whereby media enterprises take stakes in companies in return for agreeing to provide adequate media coverage for the investee company through advertisements, news reports, advertorials, etc. It is possible that this practice may mislead investors in securities markets as media reporting may not present the accurate picture regarding companies.

In order to alleviate these concerns, SEBI last week issued a press release, which requires media enterprises to disclose (i) their stakes in companies in the news article or report relating to such companies; (ii) shareholdings through private treaty arrangements on their websites; and (iii) arrangements with companies relating to management control, board nomination and the like. These disclosures will be applicable in the case of companies that are listed or are proposed to be listed on a stock exchange.

This is bound to bring in transparency in investments by media enterprises and to provide a solution to the conflict of interest created by private treaties. For a further analysis of the impact of these disclosure norms, see the SEBI Updates Blog, the Financial Express and the Hindu Business Line.

About the author

Umakanth Varottil

Umakanth Varottil is a Professor at the Faculty of Law, National University of Singapore. He specializes in corporate law and governance, mergers and acquisitions and cross-border investments. Prior to his foray into academia, Umakanth was a partner at a pre-eminent law firm in India.

1 comment

  • IF YOU COULD PLEASE THROW SOME LIGHT AS TO HOW IFRS WILL BE INTRODUCED IN INDIAN. I AGREE THAT IT WILL BE HELPFUL BUT AT THE SAME TIME IT REQUIRES A LOT OF AMMENDMENTS.

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