Broadbandindia Magazine

Even as the government is deliberating on a Content Code for private television channels, the Indian Broadcasting Foundation has approved a “Self Regulatory Guidelines and Complaints Redressal Mechanism” for all non-news channels.

With the introduction of these norms, and its adherence by all members of the IBF, the vast majority of all channels licensed by the Government will comply. This will include general entertainment, children and special interest channels. The News Broadcasters Association has already implemented a similar code relating to news channels and also have an appellate authority.

The announcement was made at a joint meeting addressed by IBF President Jawahar Goel, Zeel Managing Director Punit Goenka, Star India CEO Uday Shankar, Times Television Network managing director Sunil Lulla, Star CJ CEO Paritosh Joshi, and Network18 Group CEO Haresh Chawla.

Goenka said the redressal mechanism will be a three tier process: to first complain at the Broadcaster/Channel level; a seven-member Broadcasting Content Complaints Council (BCCC) at the industry (IBF) level; and finally a Content Appellate Board (CAB) of three distinguished members chaired by a jurist including a retired judge of the Supreme Court or High Courts.

Asked about the government’s view that self-regulation was not enough and its proposal to bring forward a Broadcast Regulatory Authority of India, Goel said this Authority would deal with other subjects like licensing and related issues. But he did not answer a question as to whether the IBF had held consultations with the Government before making this announcement. Noting that the Government had not notified the Content Code placed on the website of the Information and Broadcasting Ministry, he said this Code had been studied while finalizing the IBF’s Self Regulatory Guidelines.

A delegation of IBF members will shortly meet Information and Broadcasting Minister Ambika Soni to inform her of the introduction of Self Regulatory Guidelines and Compliance Redressal Mechanism and seek her Ministry’s support. Sunil Lulla said that the Appellate body headed by a retired judge set up by the NBA had received just 19 complaints. Shankar added that the avenue of going to Courts was still open but would take more time. Referring to punitive measures, Goel said the licensing body could be sent a complaint in case a channel continued violations of the Code.

However, the IBF noted with great concern that the proliferation of unregulated content provided by local cable operators masquerading as channels showing  movies and other programmes will not be regulated by these Guidelines. In most cases, the movies shown are pirated and uncensored. These operators also put their scrolls on their channel and run their own advertisements. Since the content of such channels cannot be monitored by the IBF, the Government must immediately institute a licensing system for continued operation of these channels to avoid any viewer complaints to the IBF in this regard.

The Guidelines will usher in an efficient, transparent and independent self regulatory mechanism that will provide the channels with certain guiding principles for content programming, usher in a redressal mechanism for bona fide complaints from viewers, while at the same time enabling programming creativity to flourish without ad hoc intervention from various statutory authorities, and pressure groups, Goel said.

The Guidelines aim at encouraging creativity keeping in mind the evolving social milieu in which the channels operate and generally applicable community standards. Content will be classified under certain parameters considering the impact of television on young children. The IBF’s Board took the decision to implement the Self Regulatory Guidelines in view of the pendency of disposal of the public interest litigation in the Supreme Court and the Delhi High Court and the ad hoc arbitrary notices being issued to channels under the Programming Code.

The IBF recommended that the Self-regulatory Content Guidelines be notified immediately for all Non-News channels under the Cable Networks (Regulation) Act, 1995, replacing the present Programme Code which had been drawn up for Prasar Bharati and then extended to other channels.The notification of Self-regulatory Content Code should be delinked from the Broadcast Bill, in the interest of all the stakeholders of the Broadcasting Sector especially the viewer. 3-tier redressal mechanism includes complaint at channel level, a 7-member content complaints council & finally a content appellate board.