Government to penalise TV channels which violate content code; NBA criticises government decision

The Indian government has decided to take disciplinary action against television channels which are likely to play around with the content norms.

As part of the penalising process, the license of TV channels that violate the Programme and Advertisement Code on five occasions or more will not be renewed. The Union Cabinet on Friday approved the stricter norms that included the net worth criteria for media companies.

For the record, as per the Programme and Advertising Code, content should not be obscene, vulgar or denigrating to women and children, offensive to a particular community, against national interest, or against friendly relations with countries.

Also, channels are permitted by the government to operate in the country for a period of 10 years, after which it is renewed.

Post severe criticism from several television bodies, the government decided not to renew licenses of television channels which were found guilty of having violated the Programme and Advertisement Code five or more times.

The new guidelines say the period of permission/registration for uplinking/downlinking of channels will be uniform at 10 years, but subject to the condition of violation of five or more times.

The Information and Broadcasting Ministry has also made other amendments in the existing policy to reflect the fast-evolving electronic media landscape in the country.

The NBA has strongly criticised the new decision of the government.

The NBA notes with regret that the cabinet has purportedly approved certain modifications to the uplinking and downlinking guidelines.

It notes that firstly there is no such requirement under the existing uplinking and downlinking guidelines for any renewal. Secondly, there certainly cannot be any power vested in the MIB (Ministry of Information and broadcasting) to cancel or "refuse to renew" a broadcaster's license on its subjective view that a television channel has violated the terms of the uplinking and downlinking guidelines, or the provisions of the Cable TV Act.

In the past, the MIB has issued show cause notices to broadcasters on various counts. However, the proceedings pursuant to such notices have been conducted internally within the MIB, and have never been in the nature of adjudication. Be that as it may, certain other broadcasters have complied with directions issued by the MIB for running apologies and even shutting down their channels for certain periods of time. To now retrospectively use such proceedings to deny permission to broadcast for future is wholly arbitrary, unfair, illegal and unconstitutional, NBA notes.

Most importantly, NBA states that the proposed modification of the uplinking and downlinking guidelines is a direct assault on the self-regulatory regime put in place by broadcasters, which has been encouraged and recognised by the MIB. Such a proposed step is wholly retrograde and places broadcasters at the arbitrary mercy of the MIB; and, is therefore, a violation of the constitutional right to freedom of speech and expression, and will not be countenanced by the NBA.