
17 November 2008
By: Avnindra Mohan
[email protected]
This presentation depicts the personal views of the speaker and should not be treated as the views of the Company.
The media whether print or electronic nowadays has become most important tool in influencing political, cultural and social environment & opinions all over the world. It is often said that whereas World War 1st & 2nd were fought with men & machines while World War 3rd is going to be essentially a media war, more so when war visuals can be directly brought into the living rooms of the viewers.
Whereas print media has got a limited impact as it can influence only educated persons i.e. those who can read and write, electronic media (
television) on the other hand can carry information, news and entertainment etc., to masses and even those who are illiterate.
With the advancement of technology, electronic medium has attained the significance of most powerful method for dissemination of information, news, entertainment & ideas etc. This method of communication has the greatest impact on the society. The right of a citizen to information, knowledge, news & entertainment etc. are enshrined & protected as the fundamental by Article 19(1)(a) of the Constitution of India.
Fears are often expressed about the effect of the growth of satellite television channels on our culture. But it is, pertinent to remember, as noted filmmaker Sh. Shyam Benegal correctly points out, “Culture is not something static. If it were, it would be ossified and cast into museums. It evolves; absorbing and adapting to the times.” India already has got a rich media culture, which can withstand cultural and media imperialism.
Content code has to take care of demands of different sections of society and blanket censorship is not the answer.
The content issues are required to be examined keeping in view that Guidelines cannot be the same for each and every channel. Therefore a system has to be put in place whereby viewership segments are segregated, masses are sensitized to what children can see and cannot see and broadcasters disciplined about the timings of adult programmes.
The Broadcasting community is quite conscious of its obligations & responsibilities towards society at large and is fully committed to preserve the moral, social & cultural values of the society
Observations of Courts
Apex Court hearing a PIL by an NGO:- “Can there be a day in 365 days, a family can sit together and watch TV without an assault on basic values?”
AP High Court in a Writ Petition No.17351/ 2004 : “Central Government should immediately consider the desirability of bringing about a suitable legislation to tackle the issue of broadcasting/telecasting of programme which are injurious to the public interest.”
Delhi High Court in W.P.(C) 19085/2005 and in Uma Khurana’s sting case expressed its strong displeasure for lack of content code/guidelines and hoped that Govt. would soon come out with the same.
The Existing Laws
The Indecent Representation of Women (Prohibition) Act, 1986.
To prohibit indecent representation of women in Advertisements, Publications, Writings, Paintings, Figures or in any other manner.
Cinematograph Act, 1952 (replacing the earlier Act of 1918) – amended in 1981 and 1984 – for streamlining the law.
Certification of films (i) For exhibition, (ii) Regulation of exhibition by issue of certificates such as U, U/A, Professional etc.
Electronic Media – Related Laws
Indian Telegraph Act, 1865 as amended in 1961.
Cable Television Networks (Regulation) Act, 1995
Cable Television Networks Rules, 1994
Rule 6 : Programme Code
Rule 7 : Advertising Code
Policy Guidelines
Downlinking Policy;
“5.1 The Company permitted to downlink registered channels shall comply with the Programme and Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995.”
DTH Licensing Conditions:
“5.1 The Licensee shall ensure adherence to the Programme Code (PC) and Advertisement Code (
AC), laid down by the Ministry of Information & Broadcasting from time to time.”
IPTV Policy:
(i) In case of TV Channels , the responsibility to ensure that content is in accordance with the extant laws, rules, regulations etc. shall be that of the broadcaster.
(ii) in case of the content provided by the Telecom Operator, he shall be responsible for ensuring compliance to programming / advertisement code prescribed under Cable Act/Rules.
Self Regulation Guidelines for the Broadcasting Sector
The MIB after exhaustive consultation with various stake holders has formulated “Self Regulation Guidelines for the Broadcasting Sector”, a draft whereof is available on MIB site. These guidelines are yet to be notified.
These guidelines/content codes be notified immediately as a part of cable Rules itself without linking it to Broadcasting Bill, subject to certain modification / amendments, for GEC Channels as suggested in the subsequent slides, so as to address the concerns of various sections of the society and to introduce a comprehensive mechanism for redressal of their grievances arising out of airing of content which they perceive to be not in accordance with the acceptable norms/laid down standards.
Need for notifying Regulatory Mechanism
It is pertinent to refer to the observations of a senior legal luminary
“The visual media exercise hypnotic control over the ears and minds of the public and even the most liberal democracy cannot deny itself the residual power to regulate such telecasts if it impinges on the fundamental values of the democracy. To confer such power is not to pre-suppose its abuse with impunity. Press freedom – a phrase not even mentioned in the Constitution – has been zealously guarded and assiduously expanded over the decades by the vigilant courts and public opinion.”
Current Scenario
CABLE DISTRIBUTION
Analogue Format without any tiering
Consumers do not have any choice on subscribing or not subscribing any channel or content and
Any content, channel distributed by a cable operators is available to all.
These vital facts which are associated with analogue transmission / distribution has clear implications on the programming code for channels.
In this environment the programming code has to take care of sensitivities of all the sections of society based on the principle of "minimum acceptable level of programming code" by all sections of societies.
We need to keep pace with the regulations and technology where in the consumers can make a choice to choose the kind of content they want and can restrict the access of the same to themselves by using parental lock, i.e. on addressable system
Digitalisation
Advent of DTH, CAS, Voluntary CAS, IPTV and HITS has brought about revolutionary changes in the delivery mechanism.
In Digital addressable mode the consumers can exercise their choice of the kind of content they wish to watch.
Digital households through Cable, DTH, broadband are expected to increase exponentially within next three-four years to least 30 – 35 million of the existing C&S households in India having digital set top box and that too with parental lock and thus exercising control over what they want to see and what they want their families to see.
It is important that the regulations/ proposed content code do take note of these changing environment in line with Ofcom regulations which have different guidelines for programming code based on mode of delivery of content instead of prescribing and scheduling of adult content only at stipulated hours - Watershed hours.
Adult Content
Adult content is a part of daily urban life through movies,
music videos, cable and other retail platforms. Adult content is freely available in the market in many forms (magazines, Video parlours and even cinema halls in remote towns/villages etc). It is being shown on cable networks post midnight on private channels.
Internet is one of the biggest sources of access to adult content and people are freely downloading and viewing porn. The fact is whether Government regulates adult content or not, it will continue to be available on demand and has the potential of influencing ‘minds’.
Technology Chanallising
Adult Content
When we know and agree that adult content is available on demand then technology is the best way to chanelise adult content . The need is to create a common opinion that when adult content is freely available under demand then instead of it being unregulated it must be regulated. A regulated broadcast of adult content help the Government in exercising proper control thus restricting access to minds that are not ready for adult content.
Making best use of technology in the form of ‘conditional access’ to regulate this segment.
Suggestions
Accordingly we suggest that, in non addressable environment the programming code could allow ;
A rated films as cleared by Censor Board (CBFC) after 11 PM up to 6 AM – Watershed hours
In this context the attention is invited to the provisions contained in the Cable Network Rules 1994 till September 2000 which read as under:-
“Programmes meant for adults should normally be carried in the cable service after 11 p.m. and before 6 a.m.”
The above mentioned clause be incorporated in the proposed content code and reinstated in Cable Network Rules.
However, any content having sexual connotation need to be distributed only through addressable set top boxes with the protection of parental lock & passwords restricted access .
The programmes (including films) which belong to an adult genre can be transmitted throughout the day i.e. outside the watershed hours also [i.e. pre 2300 hrs and post 0600 hrs], provided:
these programmes are transmitted/distributed in encrypted format through addressable digital decoders (Set Top Boxes) having security feature/facility [e.g. parental lock, passwords etc.] to restrict the access solely to those who are specifically authorised to view.
those security system/features which are in place to protect minors are clearly explained to the subscribers.
The same provision as mentioned above is to apply on programmes (including films) meant for adult audience & available on demand, pay per view or any other premium service available through encrypted addressable mode (Set Top Boxes).
Appointing an ombudsman by the channel (s) preferably a retired High Court judge to oversee and resolve content related complaints till BRAI is constituted. This would not only ensure proper compliance of the self-regulatory content code but also inspire necessary confidence in public for redressal of content related issues.
We must remember - Viewer is not merely a spectator but also a participant
