comments on proposed broadcasting bill and content code

8/13/2019 Comments on Proposed Broadcasting Bill and Content Code

1/72

August 4, 2007

To

Asha Swarup,

Secretary,

Ministry of Information and Broadcasting,

Shastri Bhawan,

New Delhi 110001.

Dear Ms Swarup,

This submission is in response to the Ministry of Information and Broadcastings

notice inviting comments from the public that will be considered before the

proposed Broadcasting Services Regulation Bill 2007 and Content Code are

notified. This document incorporates suggested changes and comments explaining

the reasons for the changes proposed.

We would like to express our gratitude to the Ministry of Information and

Broadcasting for placing the proposed Act and Code in their entirety on your

website www.mib.nic.in. We would however place on record our disappointment

with the limited time given for comments. For a matter of such national

importance, a period of two weeks is inadequate to ensure informed public

discussions and responses.

The following is a short summary of our perspective:

It is widely recognized that freedom of speech and expression is integral to

democracy. There can be no real democracy without citizens who are well

informed. The media has traditionally played a very important role in the working

of democracies, through the creation of a public sphere where issues of importance

to a political community and are discussed and debated.

A democratic society depends upon an informed populace making political

choices. In large and complex societies, public participation in political processes

is already largely limited to occasional expressions of opinion and protests, and

the periodic selection of representatives through the vote. For such weakparticipation to be effective, the public has to know what is going on, and what

options they need to weigh, debate, and act upon. This is where the media plays a

crucial role.

We are of the opinion that the Bill in its current form may have adverse impacts on

democratic processes and the free functioning of media and does little to ensure that


2/72

citizens have access to better and diverse information. The Bill as it now stands, will

give the Government the power to censor almost anything it arbitrarily deems

undesirable with out checks and balances.

The Bill, for instance, gives too overarching a role for the Central Government,

from laying down policy, to nominating/selecting members of the BRAI, and the

Public Service Broadcasting Council. The identity, as well as division of

responsibility, and labour between the Central Government, the Broadcast

Regulatory Authority of India (BRAI) is not clear.

There is no evidence of any intention to set up an independent autonomous,

professionally competent, regulatory organization in the Broadcast sector.

According to the provisions of this Bill, the regulator will be allegedly

autonomous, but it is not clear what powers it will have. The Bill gives the Central

Government, powers under an itemized list of 14 functions which cover what aregulator should be doing, that includes terms and conditions of licenses, power to

prescribe license fees, policy and certification guidelines and so on.

Moreover, in sections 5 and 6 of the Bill, an overreaching power has been granted

to the Central Government to censor the media during time of emergency, or any

other exceptional circumstances. This power far exceeds the constitutional

limitation on the freedom of speech and expression. As experience of arbitrary

press censorship during the Emergency has shown us, such powers are liable to be

grossly misused.

The Bill provides for a negligible role for the public and civil society organisations

though the bill is being drafted in the name of the public. The Bill provides for a

Public Service Broadcasting Council, but it is the Government which decides

from time to time what obligations public service broadcasters should follow.

The Bill also cursorily touches upon the topic of cross-media restrictions on

ownership. It is important to have regulations to restrict the concentrations of

media ownership and cross-media ownership leading to monopolies, but an

independent authority, and not the Central government should be in-charge.

Moreover, the Bill does not really address cross-media ownership issues, whichgenerally aim to ensure that media companies cannot establish monopolies or

achieve market dominance across various forms of media - e.g., print/newspapers,

radio and television. The provisions of the Bill seem to focus exclusively on

monopoly/dominance within the broadcast sector, particularly vis--vis content

providers and network service providers. It is not even clear whether these

restrictions apply across television and radio - "channels" are mentioned without


3/72

identifying them further.

The Content Code explores new ground in the Broadcasting sector by proposing

self-regulation. However, the provisions contain a number of vague terms that can

be easily used to restrict freedom of expression on flimsy grounds especially in

these days of rampant moral policing and the growing tendency of various sections

of the audience to be shocked and offended.

This submission seeks to examine the implications of the proposed Broadcast Bill

and Code, and has incorporated changes. These changes seek to protect the

freedom of speech and expression of the media while at the same time recognizing

that the media has a responsibility to regulate their content and put in place a

system to deal with complaints. The changes that we have suggested also try to

minimize any conflict with already existing laws to avoid unnecessary litigation.

Lastly, a short introduction to who we are. This submission was drafted at The

Alternative Law Forum by Mayur Suresh, Prashant Iyengar and Siddharth Narrain,

and is supported by important organizations working on issues related to the media

and censorship including NGOs and associations from across the country.

List of Organisations:

To be added.


4/72

Colour and Format Key

BLACK TEXTrefers to text of the proposed Broadcasting

Services Regulation Bill, 2007 and the Content Code.

{BLUE TEXT}refers to the text of the Broadcast Bill that needs

to be amended or deleted.

RED TEXTrefers to our comments and recommendations.


5/72

A DRAFT OF THE PROPOSED BROADCASTING SERVICES REGULATION

BILL, 2007Whereas airwaes are !"#$i% !r&!er'( a)* i' is +e$' )e%essar( '& re"$a'e 'he "se &+

s"%h airwaes i) )a'i&)a$ a)* !"#$i% i)'eres', !ar'i%"$ar$( wi'h a iew '&

e)s"ri) !r&!er *isse-i)a'i&) &+ %&)'e)' a)* i) 'he wi*es' !&ssi#$e -a))er.

Whereas 'he Br&a*%as' -e*ia is a !&wer+"$ !"re(&r &+ i*eas a)* a$"es a)*!$a(s a !i&'a$ r&$e i) )&' &)$( !r&i*i) e)'er'ai)-e)' #"' a$s& *isse-i)a'i)

i)+&r-a'i&), )"r'"ri) a)* %"$'ia'i) *ierse &!i)i&)s, e*"%a'i) a)*

e-!&weri) 'he !e&!$e &+ I)*ia '& #e i)+&r-e* %i'i/e)s s& as '& e++e%'ie$(

!ar'i%i!a'e i) 'he *e-&%ra'i% !r&%ess. !reseri), !r&-&'i) a)* !r&e%'i) 'he

*iersi'( &+ I)*ia) %"$'"re a)* 'a$e)'.

Whereas Government has issued guidelines from time to time for regulating the

Broadcasting Services and it is felt necessary to give a statutory effect to these

guidelines and provide for a comprehensive legislation; Therefore this is a Bill To

promote facilitate and develop in an orderly manner the carriage and content of

Broadcasting,

To provide for regulation of broadcasting services in India for offering a wide varietyof entertainment, news, views and information in a fair, objective and competitive

manner and to provide for regulation of content for public viewing and matters

connected therewith or incidental thereto

To provide for the establishment of an independent authority to be !nown as the

Broadcast "egulatory #uthority of India for the purpose of regulating and facilitating

development of broadcasting services in India

To encourage Broadcasting services to be responsive to the educational,

developmental, social, cultural and other needs and aspirations of people and include

in their programming public service messaging and content

BE it enacted by Parliament in the Fifty Eighth Year of the Republic of India as follows:

CHAPTER 1

PRELIINAR3

14 Sh&r' 'i'$e, e5'e)' a)* %&--e)%e-e)'6 (! "his #ct may be called the Broadcasting

$er%ices Regulation #ct& ')*

('! It e+tends to the whole of India*

(,! It shall come into force with immediate effect*24 De+i)i'i&)s6 In this #ct& unless the conte+t otherwise re-uires: .

(a! /#uthority0 means the Broadcasting Regulatory #uthority of India established under

section 12(b! /#uthori3ed 4fficer0 with respect to a Broadcasting $er%ice means

i! an officer of the 5entral 6o%ernment or the #uthority or the $tate 6o%ernment for such

limits of 7urisdiction as may be notified by the 5entral 6o%ernmentii! on being empowered by the 5entral 6o%ernment to notify& an officer of the #uthority

or $tate 6o%ernment for such limits of 7urisdiction as may be notified by the #uthority or

the $tate 6o%ernment

(c! /Broadcaster0 means any person who pro%ides a content broadcasting ser%ice and


6/72

includes a broadcasting networ8 ser%ice pro%ider when he manages and operates his own

tele%ision or radio channel ser%ice*

9(d! /Broadcasting0 means assembling and programming any form of communicationcontent li8e signs& signals& writing& pictures& images and sounds& and either placing it in

electronic form on electro.magnetic wa%es on specified fre-uencies and transmitting it

through space or cables to ma8e it continuously a%ailable on the carrier wa%es so as to beaccessible to single or multiple users through recei%ing de%ices either directly or

indirectly2 and all its grammatical %ariations and cognate e+pressions2

C&--e)': 5are needs to be ta8en to see that this definition does not include

;inistry of 5ommunications and the >inistry ofInformation and Broadcasting on the ',rd of ?uly ') on their respecti%e 7urisdictions*

Re%&--e)*a'i&): Insert the following Pro%iso:

;Pro%ided that this definition shall not apply to webcasts and all Internet based content;*

(e! /Broadcasting $er%ice0 means assembling& programming and placing

9communication contentin electronic form on the electro.magnetic wa%es on specified

fre-uencies and transmitting it continuously through broadcasting networ8 or networ8s so

as to enable all or any of the multiple users to access it by connecting their recei%erde%ices to their respecti%e broadcasting networ8s& and includes all the content

broadcasting ser%ices and the broadcasting networ8 ser%ices2

C&--e)'6 ;5ommunication 5ontent; has not been defined and could also be interpreted

to include pri%ate communications within its ambit& in which case& for e+ample& all

cellular ser%ice pro%iders would be co%ered*

Re%&--e)*a'i&)s6 "he phrase @communication content@ should be replaced by

;programs; which has been defined under this #ct*

(f! /Broadcasting Aetwor8 $er%ice0 means a ser%ice& which pro%ides a networ8 of

infrastructure of cables or transmitting de%ices for carrying broadcasting content inelectronic form on specified fre-uencies by means of guided or unguided electromagnetic

wa%es to multiple users& and includes the management and operation of any of the

following:i* "eleport Cub Earth $tation

ii* =irect.to.Come (="C! Broadcasting Aetwor8

iii* >ulti.$ystem 5able "ele%ision Aetwor8*

i%* Docal 5able "ele%ision Aetwor8


7/72

%* $atellite Radio Broadcasting Aetwor8

%i* $uch other Aetwor8 $er%ice as may be prescribed by the 5entral 6o%ernment

(g! /5able 4perator0 means any person who manages and operates& or is otherwiseresponsible for& a multi.system or a local cable tele%ision networ8

(h! /5able tele%ision channel ser%ice0 means the assembly& programming and

transmission by cables of any broadcast tele%ision content on a gi%en set of fre-uencies tomultiple subscribers*

(i! /5able "ele%ision Aetwor80 means any system consisting of closed transmission

paths and associated signal generation& control and distribution e-uipment& designed torecei%e and re.transmit tele%ision channels or programs for reception by multiple

subscribers2

(7! /5arrier0 means the electro.magnetic wa%es that can tra%el on air or cable and are

capable of carrying communication content in electronic form on specified fre-uencies(8! /5hairperson means the 5hairperson of the #uthority appointed under section 2

(l! /5hannel0 means a set of fre-uencies used for transmission of a programme2

(m! /5ompetent #uthority0 means the #uthority designated by the 6o%ernment for the

purpose of this #ct2(n! /5ommunity radio ser%ice0 means terrestrial radio broadcasting intended and

restricted only to a specific group G within specified territory2(o! /5ontent0 means any sound& te+t& data& picture (still or mo%ing!& other audio.%isual

representation& signal or intelligence of any nature or any combination thereof which is

capable of being created& processed& stored& retrie%ed or communicated electronically2(p!/5ontent Broadcasting ser%ice0 means the assembling& programming and placing

content in electronic form and transmitting or re.transmitting the same on electro.

magnetic wa%es on specified fre-uencies& on a broadcasting networ8 so as to ma8e it

a%ailable for access by multiple users by connecting their recei%ing de%ices to thenetwor8& and includes the management and operation of any of the following:

i* "errestrial tele%ision ser%ice2

ii* "errestrial radio ser%ice2iii* $atellite tele%ision ser%ice2

i%* $atellite radio ser%ice2

%* 5able tele%ision channel ser%ice2%i* 5ommunity radio ser%ice2

%ii* $uch other content broadcasting ser%ices as may be prescribed by the 5entral

6o%ernment*

(-!/5ontent 5ode0 means broadcasting content certification and regulation rules asprescribed under secion 1(,! of this Bill2

(r!HHcontent produced in India means a tele%ision or radio programme& e+cluding

transmissionof sporting e%ents and compilations thereof& ad%ertisements& and continuityannouncements& which is produced

(i! by a broadcasting ser%ice licensee2

(ii! by a person who is a citi3en of& and permanently resident in India2(iii! by a 7uristic person& the ma7ority of the directors& shareholders or members of whom

are citi3ens of& and permanently resident in India2

(i%! in a co.production in which persons referred to in subparagraphs (i!& (ii! or

(iii! ha%e at least a fifty percent financial interest2


8/72

(%! by persons referred to in subparagraphs (i!& (ii!& (iii! or (i%!& in circumstances where

the prescribed number of 8ey personnel who are in%ol%ed in the production of the

tele%ision programme& are citi3ens of& and permanently resident in India2 or(%i! by persons referred to in subparagraphs (i!& (ii!& (iii! or (i%!& in circumstances where

the prescribed percentage of the production costs are incurred in India2

(s!/=ecoder0 means an e-uipment for decoding an encrypted channel to facilitate itsintelligible reception2

(t!/ =igital #ddressable $ystem0 means a mechanism or electronic de%ice or more than

one electronic de%ices put in an integrated system through which digital broadcastingsignals of a ser%ice pro%ider can be sent in an encrypted or unencrypted form& which can

be decoded by a mechanism or de%ice or de%ices at the premises of the subscriber within

the limits of authorisation made& on the choice and re-uest of such subscriber& by the

ser%ice pro%ider to the subscriber2(u!/=irect."o.Come Broadcasting $er%ice0 means a ser%ice for multi channel

distribution of programmes direct to subscribers premises by uplin8ing to a satellite

system specified for the purpose by the 5ompetent #uthority2

(%!/=ownlin8ing0 with reference to satellite broadcast or ="C Broadcasting ser%icemeans reception of programmes transmitted from a satellite to an earth station or a

recei%ing de%ice2(w!/Encrypted0 means treated electronically or otherwise for the purpose of pre%enting

intelligible reception by unauthori3ed persons2

(+!/Fre-uency0 means fre-uency of electro.magnetic wa%es used for transmission ofbroadcasting ser%ice2

(y!/Foreign satellite broadcasting ser%ice means a broadcasting ser%ice pro%ided by

using a satellite& up lin8ed from a foreign country and recei%able in India2

(3!/Free.to.air broadcasting ser%ice0 means a non encrypted broadcasting ser%ice madea%ailable for reception by recei%ing apparatus commonly a%ailable to the public without

re-uiring payment of a subscription fee2

(aa!/interconnected underta8ings0 shall ha%e the same meaning as assigned to it in the>onopolies and Restricti%e "rade Practices #ct& JKJ

(ba!/Dicense0 means a license issued for any of the broadcasting ser%ices by the rele%ant

Dicensing #uthority prescribed by the 5entral 6o%ernment under this #ct2(ca!/Dicensing #uthority0 means an officer of the 5entral 6o%ernment or the #uthority

or the $tate 6o%ernment& so notified by the 5entral 6o%ernment in respect of any of the

broadcasting ser%ices and for such limits of 7urisdiction as may be determined by the

5entral 6o%ernment*(da!/Dicensed ser%ice0 means a broadcasting ser%ice licensed by the Dicencing

#uthority2

(ea!/li%e0 in relation to broadcasting of an e%ent& or series of e%ents& has the meaninggenerally accepted within the broadcasting industry*

(fa!/Docal cable operator0 means any person who manages and operates or is responsible

for the management and operation of a cable tele%ision networ8 to pro%ide a cabletele%ision ser%ice to multiple subscribers in a particular area

(ga!/Docal =eli%ery ser%ice0 means a ser%ice for multi.channel downlin8ing and

distribution of tele%ision programmes by a land based transmission system using wired

cable or wireless cable or a combination of both for simultaneous reception either by


9/72

multiple subscribers directly or through one or more local cable operators

(ha!/>ember0 means a ember of the #uthority referred to in section ,

and includes the 5hairperson2(ia!/>ulti.$ystem 5able "ele%ision Aetwor80 means a system for multi.channel

downlin8ing and distribution of tele%ision programmes by a land based transmission

system using wired cable or wireless cable or a combination of both for simultaneousreception either by multiple subscribers directly or through one or more local cable

operators

(7a!/>ulti $ystem 4perator (>$4!0 means any person who manages and operates amulti. system cable tele%ision networ8 to pro%ide a cable tele%ision ser%ice to multiple

subscribers& which may or may not include other %alue added ser%ices including

telecommunications and Internet*

(8a! /Aetwor8 operator0 means any person who pro%ides a broadcasting networ8 ser%ice*(la!/Aews and 5urrent #ffairs 5hannel0 means a channel that broadcasts programs

containing reports and discussions on current e%ents& ideas& indi%iduals and institutions

dealing with political& social& economic and such other sub7ects as are of general interest

to the public at large& but does not include a channel that e+clusi%ely broadcastsscientific& cultural& educational or entertainment programs including news relating

thereto*(ma!0 Aon Prime Band0 shall be interpreted in relation to Prime Band

(na!/Aotification0 means a notification published in the official 6a3ette or posted on the

official web site of the >inistry of Information G Broadcasting or of the #uthority or ofthe 5ouncil& as the case may be& and the e+pression /notified0 to be construed

accordingly2

(oa! / Person0 as mentioned in the definitions of 5able operator& Docal 5able 4perator

and >ulti.$ystem 4perator meansii! #n indi%idual who is a citi3en of India2

iii! #n association of indi%iduals or body of indi%iduals& whether incorporated or not&

whose members are citi3ens of India2i%! # company as defined in section , of the 5ompanies #ct& JK ( of JK! with such

eligibility conditions as may be specified by the 5entral 6o%ernment or the #uthority2

(pa!/Prescribed0 means prescribed by rules notified under this #ct2(-a!/Prasar Bharti0 means the 5orporation 8nown as the Prasar Bharati (Broadcasting

5orporation of India! established under subsection (! of section , of the Prasar Bharti

(Broadcasting 5orporation of India ! #ct&JJ2

(ra!/Prime Band0 constitutes fre-uencies relating to channel falling in band (5hannels' to 1 ranging from 1) to KL >C3! and Band III (5hannels to ' ranging from )1 to

', >C3!

(sa!/Pri%ate communication0 means:(i! # communication between two or more persons that is of a pri%ate or domestic nature2

(ii! #n internal communication of a business& go%ernment agency or other organi3ation

for the purpose of the operation of the business& agency or organi3ation2 and(iii! 5ommunication in such other circumstances as may be prescribed*

(ta! / Program0 in relation to broadcasting ser%ice& means:

(i! #ny matter the purpose of which is related to entertain& educate or inform public or

(ii! #ny ad%ertising or sponsorship matter& whether or not of a commercial 8ind2


10/72

But does not include any matter that is wholly related to or connected with any pri%ate

communication*

(ua! /Public ser%ice broadcaster0 means Prasar Bharati or any other entity which may benotified as public ser%ice broadcaster by 5entral 6o%ernment

(%a!/Public $er%ice Broadcasting0 means the broadcasting of content that is socially&

economically and culturally rele%ant and is in public interest and welfare(wa!/Public $er%ice Broadcasting 5hannel0 means a radio or tele%ision channel of Public

$er%ice Broadcaster i*e Prasar Bharati or any other 5hannel so notified by the 5entral

6o%ernment on the recommendations of the Public $er%ice Broadcasting 5ouncil(+a!/Public $er%ice Broadcasting 5ouncil means an autonomous body constituted as per

section , of this #ct*

(ya! /Public $er%ice Broadcasting 4bligation Fund0 refers to the fund created as per

pro%isions of subsection (1! of section 1 of this #ct*(3a!/ Public $er%ice Broadcasting 4bligation0 shall mean obligations supposed to be

discharged by a broadcasting ser%ice pro%ider as per pro%isions of section , of this #ct

(ab!/Registered channel0 means a broadcasting channel registered under this #ct

(bb! /Regulations0 means regulations made by the #uthority or by the 5ouncil under this#ct2

(cb!/$atellite tele%ision ser%ice0 means a tele%ision broadcasting ser%ice pro%ided byusing a satellite& and recei%ed with or without the help of a local deli%ery system but does

not include =irect.to.Come deli%ery ser%ice2

E5!$a)a'i&): =ecision of the #uthority whether a particular ser%ice falls in the categoryof a satellite broadcasting ser%ice or a =irect.to.Come deli%ery ser%ice shall be final*

(db!/$atellite radio ser%ice0 means a radio broadcasting ser%ice pro%ided by using a

satellite and directly recei%able through recei%er sets by multiple subscribers in India2

(eb! /$er%ice pro%ider0 means pro%ider of a broadcasting ser%ice2(fb! ;sporting e%ents of national importance; means such national or international

sporting e%ents2 held in India or abroad& as may be notified by the 5entral 6o%ernment in

the 4fficial 6a3ette to be of national importance2(gb!/$ubscriber0 of a ser%ice means a person who recei%es the ser%ice at a place

indicated by him without further transmitting it to any other person2

(hb!/$ubscription fee0 means any form of consideration gi%en by subscriber2(ib!/"errestrial tele%ision ser%ice0 means a tele%ision broadcasting ser%ice pro%ided o%er

the air by using a land based transmitter and directly recei%ed through recei%er sets by the

public but does not include a local deli%ery ser%ice2E5!$a)a'i&)6 =ecision of the #uthority whether a particular ser%ice falls in the categoryof a terrestrial tele%ision ser%ice or a local deli%ery ser%ice shall be final2

(7b!/"errestrial radio ser%ice0 means a radio broadcasting ser%ice pro%ided o%er the air

by using a land.based transmitter and directly recei%ed through recei%er sets by thepublic2

(8b!/ember0 means a ember of the #uthority appointed

under section ,2(lb!/


11/72

uplin8ing of programme transmission from an earth station or a transmitting de%ice to the

satellite2

(nb!/Year0 means the financial year*CHAPTER 2

REGULATION OF BROADCASTING SERVICES

4 Br&a*%as'i) seri%es )&' wi'h&"' $i%e)se6 (! Ao person shall& after thecommencement of this #ct& pro%ide any broadcasting ser%ice& or broadcast any program

or channel& without obtaining a license for such ser%ice or permission for such program

or registration of such channel& in accordance with the policy guidelines prescribed underthis #ct for regulating such broadcasting ser%ice& program or channel*

Pro%ided that the cable operators registered under the 5able "ele%ision Aetwor8s

(Regulation! #ct& JJ may continue to pro%ide cable ser%ices in accordance with the

conditions laid down in section 1J of this #ct2Pro%ided further that the permissions issued& license agreements signed with pri%ate

operators& and registration of channels done& by the 5entral 6o%ernment& from time to

time under respecti%e guidelines listed under sub.section (,! of this section& read with

Indian "elegraph #ct& LL& prior to the commencement of this #ct shall be deemed to belicenses issued under the pro%isions of this #ct from the respecti%e dates of issue of such

permission or signing of such license agreement& or registration of such tele%isionchannel& and shall be %alid till the date of e+piry of the original permission or license

agreement or registration& as the case may be& notwithstanding anything contained in this

#ct or any other law for the time being in force*Pro%ided further that the 5entral 6o%ernment or the #uthority may ma8e appropriate

modifications& additions and deletions in the terms and conditions of such permissions or

licences or registrations or any agreements already e+ecuted as mentioned in the second

pro%iso to bring them in conformity with the pro%isions of this Bill or any Rules orRegulations or 6uidelines issued thereunder

Pro%ided further that the 5entral 6o%ernment may& by notification& e+empt Prasar Bharti

or any other Public ser%ice Broadcasting 5hannel& as may be specified& from all or any ofthe pro%isions of this #ct*

Pro%ided further that the 6o%ernment may& by notification& e+empt such non.commercial

establishments under common ownership from obtaining a license for a Docal =eli%ery$er%ice without using wireless cable& for the purpose of pro%iding such ser%ice for the

e+clusi%e use of their members sub7ect to such conditions and restrictions as may be

specified*84 Reis'ra'i&) &+ %ha))e$s a)* %&-!$ia)%e wi'h 'he C&)'e)' C&*e6 (! E%ery ser%icepro%ider shall register his tele%ision or radio channel with the #uthority in the manner

prescribed*

('! "he #uthority may refuse to register a channel& if it is of the considered opinion thatthe content of the channel is li8ely to threaten the security and integrity of the $tate or

threaten peace and harmony or 9public orderin the whole or a part of the country& or

threaten relations with foreign countries

C&--e)'6 In the contemporary conte+t the relationship between the media and the

go%ernment is different from time when Hpublic order was introduced as a restriction on

the freedom of speech and e+pression* "he broadcast media has played a significant role


12/72

in promoting public order in recent times* "he broadcast media has been instrumental in

forcing the go%ernment to ta8e immediate steps to restore law and order in a number of

situations of the brea8down of public order* =uring the 6u7arat riots of ''& thebroadcast media played an important role in bringing the %iolence into the public glare&

ensuring that the plight of the %ictims was highlighted& and e%entually forcing the

go%ernment to end the %iolence*

Re%&--e)*a'i&)6 =elete public order*

Pro%ided that no such order of refusal shall be issued without gi%ing a reasonable

opportunity to the applicant company or the ser%ice pro%ider of being heard*

(,! Ao ser%ice pro%ider shall pro%ide any broadcasting content that is not in conformity

with the broadcasting content certification and regulation rules& hereafter referred to asHthe 5ontent 5ode& as may be prescribed by the 6o%ernment under this #ct

Pro%ided that till such time as the 5ontent code is notified under this #ct& all ser%ice

pro%iders shall adhere to the Programme 5ode and the #d%ertising 5ode prescribed

under the 5able "ele%ision Aetwor8 Rules JJ1*

9:4 Ce)'ra$ G&er)-e)' '& e5er%ise %er'ai) !&wers i) a si'"a'i&) &+ e5'er)a$ 'hrea'

&r war i)&$i) I)*ia 6

(i!"he 5entral 6o%ernment may at any time& if it appears necessary or e+pedient to do so

in public interest & in respect of a broadcasting ser%ice & in a situation of e+ternal threat orwar in%ol%ing India& direct the ser%ice pro%ider to stop broadcasting its ser%ice or

transmit in its broadcasting ser%ice such programmes or announcements in such manner

as may be considered necessary* "he ser%ice pro%ider shall immediately comply with all

such directions failing which the 5entral 6o%ernment may direct the Dicencing #uthorityto suspend or re%o8e its licence*

(ii! # copy of e%ery direction issued under this section shall be laid before each house of

Parliament

C&--e)'6 #ccording to the isuse of the >edia and Aews #gencies

(Published by 6o%ernment of India& J)J!& the period of Internal Emergency a directprocess of censorship was introduced* #ccording to noted ?urist and former #ttorney.

6eneral $oli $orab7ee (in The Emergency, Censorship and the Press in India1975-77)

there were about L attempts to mu33le the press including 1 attempts at pre.

censorship& K) banned items& and the rest a mi+ture of what is called newspapermanagement including management banning and pre.censorship* J) newspapers and

periodicals were denied ad%ertisements and ' re-uests for go%ernment ad%ertisements

were not acceded to* ', 7ournalists were pre%enti%ely detained& under the>aintenance of Internal $ecurity #ct& K under =efence of India Regulations and L,

under other pro%isions* "he press& radio and tele%ision were e+tensi%ely used to highlight

news items and programs at the re-uest of the go%ernment*#n In-uiry 5ommittee under N*N* =as& appointed in J)) recei%ed ,) complaints of

which , in%ol%ed harassment of 7ournalists& 1 in%ol%ed misuse of censorship

pro%isions& L in%ol%ed certification of films and ',& the manipulation of the mass media

and ,L incidental matters*


13/72

#s can be seen from e+perience& pro%isions that allow for censorship& or pro%isions that

allow the go%ernment to compel the media to stop publication or broadcast of

programmes or to compel the media to publish or broadcast of certain programmes& hasbeen misused*

"he media is essential the functioning of a democracy& since it allows for the circulation

of ideas and opinions so that citi3ens can frame and ma8e accurate and rational decisions*#ny mu33le on the media or forcing the media to only spea8 in a certain way would

threaten the democracy in our country*

Furthermore& the press has played an important part in building national solidarity andintegrity in recent times* "he reportage of broadcast media during the Nargil conflict with

Pa8istan highlights this* It brought li%e pictures from the battlefront into the tele%ision

sets of ordinary Indians& building feelings of nationalism through out the country* "he

channel won accolades for its accurate and in%estigati%e reportage*

Re%&--e)*a'i&): =elete section *

9;4Ce)'ra$ G&er)-e)' '& e5er%ise %er'ai) !&wers i) e5%e!'i&)a$ %ir%"-s'a)%es6(i! "he 5entral 6o%ernment may under e+ceptional circumstances& if it appears necessary

or e+pedient to do so in public interest& in respect of any broadcasting ser%ice& which isconsidered pre7udicial to relations with a foreign country& public order& or internal

security & direct the ser%ice pro%ider to stop broadcasting its ser%ice or transmit in its

broadcasting ser%ice such programmes or announcements in such manner as may beconsidered necessary* "he ser%ice pro%ider shall immediately comply with all such

directions failing which the 5entral 6o%ernment may direct the Dicensing #uthority to

suspend its licence

(ii!#n appeal against any such order or direction under subsection (i! shall lie to the Cighcourt*

(iii! # copy of e%ery direction issued under this section shall be laid before each house of

ParliamentC&--e)'6 #rticle J ('! of the 5onstitution lays down the constitutional limitations on

the right to freedom of speech and e+pression contained in #rticle J (!(a!* #ll other

e+ceptions are unconstitutional* "he go%ernments power in this pro%ision to issuedirections in public interest under e+ceptional circumstances do not fall under any of the

permissible e+ceptions in #rticle J ('!*

Re%&--e)*a'i&)6 =elete section K*

7 a)*a'&r( shari) &+ S!&r's Br&a*%as'i) si)a$s wi'h Prasar Bhar'i :

(l!For the purpose of ensuring the widest a%ailability of broadcast signals for %iewing inIndia& no content rights owner or holder and no tele%ision or radio broadcasting ser%ice

pro%ider shall carry a li%e or delayed li%e tele%ision broadcast on any cable or =irect.to.

Come networ8 or radio commentary broadcast on its #mplitude >odulation (#>! andFre-uency >odulation (F>! channels in India of sporting e%ents of national importance&

unless it simultaneously offers the same li%e or delayed li%e broadcasting signal& without

its ad%ertisements& to the Prasar Bharati to enable it to re.transmit the same on its

terrestrial networ8s and =irect.to.Come networ8s in such manner and on such terms and


14/72

conditions as may be specified*

Pro%ided that if a content rights owner or holder is not generating any radio commentary

of the e%ent& then Prasar Bharati shall ha%e the right to produce the radio commentary fortransmission on its #mplitude >odulation (#>! and Fre-uency >odulation (F>!

channels sub7ect to the condition that the re%enue deri%ed from such broadcast shall be

shared on a : basis after e+clusion of production cost*9('! "he terms and conditions under sub.section (! shall also pro%ide that the

ad%ertisement re%enue sharing between the content rights owner or holder and the Prasar

Bharati shall be in the ratio of not less than ):' in case of tele%ision co%erage and: in case of radio co%erage*

(,! "he 5entral 6o%ernment may specify a percentage of the re%enue recei%ed by the

Prasar Bharati under sub.section ('!& which shall be utilised by the Prasar Bharati for

broadcasting other sporting e%ents*

C&--e)'6 $pecifying /not less than ):'0 is not different from specifying /shall be

e+actly ):'0* "here is no sanctitude to this sharing formula which seems to ha%e its

origin in a pri%ate commercial agreement between Prasar Bharti and Aimbus* $e%eralcountries ha%e analogous pro%isions which are aimed at ensuring widest access to e%ents

of national importance (For instance see the "ele%ision without frontiers =irecti%e of theEM and %arious national implementations of this directi%e!* In none of these cases& has a

rigid sharing formula been specified*

# mandatory free sharing clause would ensure that Prasar Bharti would not need to bidunearthly amounts on securing rights to broadcast cric8et* #s media analyst& $e%anti

Ainan has pointed out& the amount of )cr which Prasar Bharti bid for the rights to

telecast one cric8et series was more than the amount =oordarshan earned from all of its

channels in a year*In a country obsessed with cric8et& there are many alternati%e uses that ad%ertising

re%enue can be put to not least of which is the promotion of other sports*

Re%&--e)*a'i&)6 =elete sub.section '*

In addition& the following sub.section may be introduced:

/Aotwithstanding copyrights or other similar e+clusi%e rights or any pro%ision in this#ct& nothing shall limit the right of Prasar Bharati to broadcast in full& all sporting e%ents

of national importance0*


15/72

to be retransmitted by cable operators in their cable ser%ice as also the number of

channels to be carried in the non.prime band and the manner of reception and

retransmission of such channels*(1! "he 5entral 6o%ernment may specify the number and names of channels to be

mandatorily carried by other categories of Broadcasting Aetwor8 ser%ice Pro%iders and

the manner of reception and retransmission of such channels*

=4 I)'r&*"%'i&) &+ *ii'a$ a**ressa#$e s(s'e-s >DASs? i) #r&a*%as'i) )e'w&r@

seri%es6(!


16/72

modify& suspend or re%o8e a notification already issued or any other order or direction

issued by it or the #uthority

Pro%ided that any order issued or action ta8en by the 5entral 6o%ernment or the#uthority or by any other person in pursuance of the earlier notification or order shall&

unless specified otherwise& be deemed to be %alid and continue to be in operation as if the

earlier notification had ne%er been modified& suspended or re%o8ed& as the case may be*

9104 P&wers a)* +")%'i&)s &+ 'he Ce)'ra$ G&er)-e)'6 "he 5entral 6o%ernment shall

ha%e the authority to .i! Prescribe policy guidelines and procedures for the grant& refusal or re%ocation of

licenses registration for all types of broadcasting ser%ices2

ii! =esignate and notify such officers of the 5entral 6o%ernment& $tate 6o%ernments or

the #uthority as may be considered necessary& as the Dicensing #uthorities to grant&refuse or re%o8e licenses registration in respect of such broadcasting ser%ices and for

such limits of 7urisdiction as may be prescribed2

iii! Prescribe the terms and conditions of licensesregistration to ser%ice pro%iders and

procedures to ensure their compliance by the ser%ice pro%iders2i%! Prescribe license fees and processing fees for grant of licenses permissions

registration for different types of broadcasting ser%ices2%! Prescribe policy guidelines& including transitional arrangements& to facilitate the

introduction of digital addressable systems in broadcasting ser%ices throughout the

country in a time.bound manner2%i! Prescribe guidelines and norms to e%aluate and certify broadcasting content and the

terms and conditions of broadcasting different categories of content by the ser%ice.

pro%iders2

%ii! Prescribe policy guidelines and institutional arrangements for self.regulation ofbroadcasting content by the ser%ice pro%iders in conformity with the prescribed norms2

%iii! Prescribe guidelines and institutional arrangements for complaint grie%ance

redressal against %iolations of the prescribed norms of broadcasting content code byser%ice pro%iders2

i+! Prescribe policy guidelines to facilitate competition and promote efficiency in the

operation of broadcasting ser%ices so as to facilitate growth in such ser%ices2+! Prescribe policy guidelines laying down terms and conditions for mandatory sharing of

broadcasting signals with prasar Bharati relating to sporting e%ents of national

importance

+i! Prescribe a percentage of re%enue recei%ed by Prasar Bharati under subsection (,! ofsection )& which shall be utili3ed by the Prasar Bharati for broadcasting other sporting

e%ents

+ii! Prescribe such eligibility conditions and restrictions on ownership as mentioned insection '

+iii! Prescribe limits on Public ser%ice Broadcasting obligations as mentioned in section

,+i%! E+ercise& or authori3e other e+isting institutions to e+ercise& any or all the powers

and perform any or all the functions of the new institutions& pending their creation and

operationalisation*


17/72

C&--e)'6 If the aim of the Broadcast Bill is to promote the disseminating of

information& nurture and culti%ate di%erse opinions and educate and empower people to

be informed citi3ens so as to effecti%ely participate in the democratic process& then thepowers that this section gi%es the 5entral 6o%ernment should be e+ercised by an

independent regulatory #uthority& in this case the BR#I*

Re%&--e)*a'i&)6=elete section *

114 a$i*a'i&) &+ 'he "i*e$i)es a$rea*( iss"e*:(!"he following guidelines issued and amended by the 5entral 6o%ernment from time to

time before coming into force of this #ct& shall be deemed to ha%e been issued under this

#ct:

(i! Mplin8ing 6uidelines of '(ii! F> Radio Policy for pri%ate agencies of ' (Phase !

(iii! ="C Policy 6uidelines of '

(i%! $A6=$A6 Mse 6uidelines of ''

(%! 5ommunity Radio Policy of ''(%i! Re%ision of Mplin8ing Policy 6uidelines of >arch ',

(%ii! Re%ision of Mplin8ing Policy 6uidelines of #ugust ',(%iii! F> Radio Policy Phase ' of ?uly '

(i+! =ownlin8ing 6uidelines of Ao%ember '

(+! 5onsolidated Mplin8ing 6uidelines of =ecember '('! Aotwithstanding anything contained in any 7udgement & decree or order of any court&

tribunal or other authority& any action ta8en by the 5entral 6o%ernment or the Prasar

Bharati in pursuance of the 6uidelines referred to in sub.section (! shall be deemed to

be and to ha%e always been for all purposes in accordance with the law& as if the6uidelines had been %alidly in force at all material times and notwithstanding anything as

aforesaid and without pre7udice to the generality of the foregoing pro%isions& no legal

proceeding shall be maintained or continued in any court for the enforcement of anydirection gi%en by any court or any decree or order which would not ha%e been so gi%en

had the 6uidelines been %alidly in force at all material times*

9124 Res'ri%'i&)s &) a%%"-"$a'i&) &+ i)'eres'6(! "he 5entral 6o%ernment shall ha%ethe authority to prescribe such eligibility conditions and restrictions with regard to

accumulation of interest at national& state or local le%el in the broadcast segments of the

media by the print or other media as may be considered necessary from time to time& to

pre%ent monopolies across different segments of the media as well as within thebroadcast segments& to ensure plurality and di%ersity of news and %iews*

('! Ao content broadcasting ser%ice pro%ider together with its interconnected

underta8ings shall ha%e more than the prescribed share of paid up e-uity or ha%e anyother financing or commercial arrangement that may gi%e it management control o%er the

financial& management or editorial policies of any broadcasting networ8 ser%ice pro%ider*

Pro%ided that this condition will not be applicable in cases where a content broadcastingser%ice pro%ider re-uires a teleport or such other infrastructure for capti%e use to ma8e its

content a%ailable to other broadcasting networ8 ser%ice pro%iders*

(,! Ao broadcasting networ8 ser%ice pro%ider together with its interconnected

underta8ings shall ha%e more than the prescribed share of paid up e-uity or ha%e any


18/72

other financing or commercial arrangement that may gi%e it management control o%er the

financial& management or editorial policies of any content broadcasting ser%ice pro%ider*

(1! Ao content broadcasting ser%ice pro%ider together with its interconnectedunderta8ings shall ha%e more than the prescribed share of the total number of channels in

a city or a state sub7ect to a prescribed o%erall ceiling for the whole country*

(! "he restrictions as re-uired under subsections (! to (1! abo%e shall be laid down bythe 5entral 6o%ernment in consultation with the #uthority& on the basis of a re%iew to be

conducted e%ery , years by the #uthority*

Pro%ided that till such a re%iew is done by the #uthority and restrictions re%ised by the6o%ernment the prescribed share under subsection('! and (,! shall be ta8en as 'O and

the o%erall ceiling on the total number of channels under subsection(1! as O*

Pro%ided further that in a subse-uent re%iew the 5entral 6o%ernment shall not reduce the

prescribed share to a le%el below that prescribed under first pro%isoPro%ided further that any broadcasting ser%ice pro%ider& in breach of the restrictions as

pro%ided under the first pro%iso of this subsection & shall submit his compliance plan to

the 6o%ernment within two months and shall come into compliance within one year of

the coming into force of this #ct*

C&--e)'6 It is important to ha%e regulations to restrict the concentrations of mediaownership and cross media ownership leading to monopolies& but an independent

authority& and not the central go%ernment should be in.charge*

>oreo%er& this section does not really address cross.media ownership issues& whichgenerally aim to ensure that media companies cannot establish monopolies or achie%e

mar8et dominance across %arious forms of media . e*g*& printnewspapers& radio and

tele%ision* "hough this is referred to in Restrictions on accumulation of interest in

subsection (!& the pro%isions that follow seem to focus e+clusi%ely onmonopolydominance within the broadcast sector& particularly %is..%is content pro%iders

and networ8 ser%ice pro%iders* It is not e%en clear whether these restrictions apply across

"Q and radio . ;channels; are mentioned without identifying them further*

14 P"#$i% Seri%e Br&a*%as'i) O#$ia'i&)s6 (! E%ery broadcasting ser%ice pro%ider

shall discharge such public ser%ice broadcasting obligations as the 95entral 6o%ernmentmay prescribe from time to time in accordance with the limits indicated below:

5omment: In order to facilitate true public ser%ice broadcasting& the power to prescribe

public ser%ice broadcasting obligations to broadcasting ser%ice pro%iders should be%ested with the independent BR#I& and not the 5entral 6o%ernment*

Recommendation: Replace /5entral 6o%ernment0 with /#uthority0 throughout section

,*

(a! "he share of content produced in India shall be as prescribed by the 95entral

6o%ernment and shall not be less than O of the total content of a channel broadcastduring e%ery wee8*

5omment: O is too low percentage for content produced in India content& especially

since many foreign programmes may be a%ailable cheaper* "his could ha%e serious


19/72

negati%e implications for local content and cultural di%ersity*

(b! "he share of public ser%icesocial messaging through ad%ertisements and such otherpromotional materialsmessages shall be as notified by 95entral 6o%ernmentfrom time

to time and not more than O of the total commercial time of a channel broadcast

during e%ery wee8*

(c! "he share of public ser%icesocially rele%ant program content shall be as notified by

95entral 6o%ernmentfrom time to time and 9not more than O of the total programcontent of a channel broadcast during e%ery wee8*

C&--e)'6 "here is no reason to restrict the ma+imum amount of public ser%ice

broadcasting content aired by any channel*Re%&--e)*a'i&)6=elete clause (c!*

Pro%ided that the 95entral 6o%ernmentmay pro%ide a time frame to comply with any

one or more of the obligations as mentioned abo%e&Pro%ided further that 95entral 6o%ernmentmay lay down policy 6uidelines to either

e+empt or to allow partial compliance or the permissible manner of compliance withrespect to an indi%idual broadcaster or certain categories of broadcasters*

('! In the e%ent of failure to comply with the public ser%ice obligation& e%ery content.

broadcasting ser%ice pro%ider shall be liable to pay such amount to the #uthority& as maybe calculated by the #uthority 9in the manner prescribed by the 5entral 6o%ernment

towards its public ser%ice obligation*

5omment: $o as to encourage growth of public ser%ice broadcasting& while at the sametime ensuring the independence of the media& the function of calculating penalties should

be the role of the independent BR#I*

Recommendation: =elete the phrase /in the manner prescribed by the 5entral

6o%ernment towards its public ser%ice obligation0*

(,!(i!Public $er%ice Broadcasting 5ouncil as constituted under the #ct shall discharge the

responsibility of ensuring compliance of public ser%ice broadcasting obligations by

broadcasters and shall suggest to the #uthority the amount of penalty to be paid by a

broadcaster for non.compliance of its obligations as laid down under subsection (!5omment: "his subsection could be interpreted so as to mean that both the Public $er%ice

Broadcasting 5ouncil and the #uthority ha%e the power to prescribe penalties* "his

o%erlap of 7urisdictions may lead to confusion*

(ii! Public $er%ice Broadcasting 5ouncil will also lay down regulations from time to time

as to what will constitute public ser%icesocially rele%ant programming or messaging andhow its share is to be calculated*

9(1! "he amount of penalty paid shall be deposited in a fund to be called the /public

ser%ice broadcasting obligation fund0*C&--e)'6"here is no description anywhere in this #ct about the 8inds of uses this fund


20/72

should be put to*

Re%&--e)*a'i&)6 Reword sub.section (1! as follows:

/"he amount of penalty paid shall be deposited in a fund to be called the /public ser%icebroadcasting obligation fund0 to be utili3ed for the e+pansion of access to programming

especially in regional languages0*

CHAPTER

BROADCASTING REGULATOR3 AUTHORIT3 OF INDIA

184 Es'a#$ish-e)' a)* i)%&r!&ra'i&) &+ 'he A"'h&ri'(6 (! 9


21/72

(d! Electronics& "elecommunication& Information "echnology etc2

(e! 5onsumer #ffairs& $ocial anagement etc*2

(! "he recommendations made by the 5ommittee constituted under subsection(! shall

be binding for the purposes of appointment under this section*

1;4 Ter- &+ &++i%e, %&)*i'i&)s &+ seri%e e'%4 &+ 'he Chair-a) a)* &'her -e-#ers6

(! Before appointing any person as the 5hairperson or a whole.time member& the 5entral6o%ernment shall satisfy itself that the person does not ha%e any such financial or other

interest as is li8ely to affect pre7udicially his functions as such member*

('! "he 5hairperson and other whole.time members shall hold office for a term of si+

years from the date on which they enter upon their offices or till they attain the age ofsi+ty.fi%e years& whiche%er is earlier*But one.third of the >embers shall retire on the

e+piration of e%ery second year*

(,! #s soon as may be after the establishment of the #uthority& the 5entral 6o%ernment

may& by order& ma8e such pro%ision as it thin8s fit for curtailing the term of office ofsome of the >embers then appointed in order that one third of the >embers holding

office shall retire in e%ery second year thereafter(1! "he 5hairperson or a member shall not be eligible for a second term but a member

will be eligible for appointment as 5hairperson of the #uthority for the remaining part of

his term*(! ember& a %acancy arises& for any reason whatsoe%er& such

%acancy shall be deemed to be a casual %acancy and the person appointed to fill such

%acancy shall hold office for the une+pired period of the term for which his predecessorin office would ha%e held office if such %acancy had not arisen*

(K! "he 5hairperson or a whole.time member shall not ta8e up any commercial

employment in the organi3ations that fall within the operational 7urisdiction of the#uthority& after demitting office within a period of one year without the prior permission

of the 5entral 6o%ernment*

()! "he salary and allowances payable to and other conditions of ser%ice of the5hairperson and other whole.time members shall be such as may be prescribed*

(L! # person ha%ing commercial employment or interest& direct or indirect& in any

broadcasting ser%ices pro%ider& newspaper& ad%ertising or programme producing agency

shall not be eligible for appointment or continuation as 5hairperson or a whole.timemember*

174 P&wers &+ 'he Chair!ers&)6 "he 5hairperson shall ha%e powers of generalsuperintendence and direction in the conduct of the affairs of the #uthority and he shall&

in addition to presiding o%er the meetings of the #uthority& e+ercise such powers of the

#uthority& and shall discharge such functions of the #uthority& as may be prescribed*

Recommendation: Insert& /in this #ct*0& after the word /prescribed0

1


22/72

5entral 6o%ernment may remo%e from office or suspend the 5hairperson or any member

of the #uthority who:

(a! 5eases to be a citi3en of India2 or(b! Is ad7udged an insol%ent2 or

(c! Is con%icted or any offence in%ol%ing moral turpitude2 or

(d! Is& in the opinion of the 5entral 6o%ernment& unfit to continue in office by reason ofinfirmity or body or mind2 or

(e! Engages during his term of office in any paid employment outside the duties of his

office2(f! #c-uires such financial or other interest as is li8ely to affect pre7udicially his

functions as a 5hairperson or member2

(g! #buses his position so as to render his continuance in office pre7udicial to public

interest*('! "he 5hairperson or any other member may resign his office by gi%ing notice thereof

in writing to the 5entral 6o%ernment and on such resignation being accepted& the

5hairperson or the member shall be deemed to ha%e %acated his office*

1=4 ee'i)s &+ 'he A"'h&ri'( &r i's %&--i''ees6 (! "he #uthority may constitute

committees of the #uthority for specific purposes& and ma8e regulations for thetransaction of business at the meetings of the #uthority as well as its committees

('! "he #uthority or its committee shall meet at such time and place and shall obser%e

such procedure in regard to the transaction of business at its meetings as may be pro%idedby regulations*

(,! "he 5hairperson shall preside at the meetings of the #uthority or its committee& and if

for any reason he is unable to attend any meeting& any other whole.time member elected

by the members present at such meeting& shall preside at the meetings*(1! # member shall be deemed to ha%e %acated his office if he absents himself for three

consecuti%e meetings of the #uthority without the lea%e of the 5hairperson*

(! #ll -uestions which come up before any meeting of the #uthority shall be decided bya ma7ority of the %otes of the members present and %oting and& in the e%ent of an e-uality

of %otes& the 5hairperson& or in his absence& the person presiding& shall ha%e and e+ercise

a second or casting %ote*

204 Va%a)%ies )&' '& i)a$i*a'e !r&%ee*i)s6 Ao act or proceedings of the #uthority

shall be in%alid merely by reason of.

(a! #ny %acancy in& or any defect in the constitution of& the #uthority2 or(b! #ny defect in the appointment of a person acting as a member2 or

(c! #ny irregularity in the procedure of the #uthority not affecting the merits of the case*

214 Rei&)a$ &++i%es &+ 'he A"'h&ri'(6"he #uthority may& with the prior appro%al of

the 5entral 6o%ernment set up Regional 4ffices at #hmedabad& Bangalore& Bhopal&

5hennai& =elhi& 6uwahati& Nol8ata& Duc8now& >umbai& Patna and such other regionaloffices at places to be notified by the 6o%t*& and to perform such functions and with such

7urisdictions as may be prescribed* #t each such Regional 4ffices there shall be one

Regional =irector to be appointed by the 95entral 6o%ernment to discharge the

functions delegated to him by the #uthority*


23/72

5omment: In order to facilitate the growth and independence of regional media& it is

necessary that the Regional 4ffices and their =irectors be appointed by the independentBR#I*

Recommendation: Replace /5entral 6o%ernment0& highlighted abo%e& with /#uthority0

224 Se%re'ar( a)* &'her &++i%ers a)* e-!$&(ees &+ 'he A"'h&ri'(6(! $ecretary of the

#uthority shall be the 5hief E+ecuti%e 4fficer of the #uthority* $ub7ect to the pro%isions

of section ) of the #ct& the $ecretary shall e+ercise such powers and discharge suchfunctions of the #uthority as may be delegated to him by the #uthority*

('! "he 5entral 6o%ernment shall ma8e a%ailable to the #uthority& a panel of not less

than three officers of the ran8 of the #dditional $ecretary to the 6o%ernment of India&

and the #uthority may select one of them and recommend his appointment as $ecretaryof the #uthority to the 6o%ernment*

(,! "he 5entral 6o%ernment shall ma8e a%ailable a panel of not less than three officers of

the ran8 of ?oint $ecretary to the 6o%ernment of India for each of the ten Regional

4ffices& and the #uthority may select one from each panel and recommend hisherappointment to the 6o%ernment* #s and when more regional offices are opened& the

#uthority may see8 officers of the ran8 of ?oint $ecretary or =irector to the 6o%ernmentof India& as the case may be& for appointment as their Regional =irectors*

(1! "he #uthority may appoint such officers and other employees& as it considers

necessary for the efficient discharge of its functions under this #ct in themanner as pro%ided by the regulations*

(! "he salary and allowances payable to and other conditions of ser%ice of the officers

and other employees of the #uthority shall be such as may be determined by regulations*

24 P&wers a)* +")%'i&)s &+ 'he A"'h&ri'(6 (! #uthority shall e+ercise the following

powers and functions:

(a! Aotify the terms and conditions of licenses for %arious categories of ser%ice pro%iders&in accordance with the policy guidelines 9prescribed by the 6o%ernment2

5omments: In order to facilitate independence of the media& the #uthority shoulde+ercise this power*

Recommendation: =elete /prescribed by the 6o%ernment*0

(b! 9Recommend to the 5entral 6o%ernment& guidelines or norms or amendments ofprescribed guidelines or norms& in the light of its e+perience in the discharge of its

functions& as well as on such other issues as may be referred to it by the 6o%ernment2

5omments: In order to nurture an independent media& the #uthority should formulate the

guidelines& and norms*

Recommendation: Replace /Recommend to the 5entral 6o%ernment0 with /Formulate0

(c! 6rant registration to "Q and Radio channels as pro%ided under $ection 1 of the Bill2

(d! Day.down the standards of -uality of ser%ice to be pro%ided by the ser%ice pro%iders

and conduct the periodical sur%ey of such ser%ice pro%ided by the ser%ice pro%iders so as


24/72

to protect interest of the consumers of broadcasting ser%ice2

(e! Aotify detailed regulations to implement the policy guidelines prescribed by

6o%ernment and ta8e all necessary legal and administrati%e actions to ensure theircompliance by the ser%ice pro%iders

(f! Formulate and determine conditions for fair& e-uitable and non discriminatory access

to broadcasting ser%ices(g! 5onsider and publish its findings for wider public debate on issues of public

importance relating to broadcasting ser%ices and their program content2

(h! Facilitate competition and promote efficiency in the operation of broadcastingser%ices so as to facilitate growth in such ser%ices2

(i! #d%ise the 5entral 6o%ernment in the matters relating to the de%elopment of

broadcasting technology and any other matter relatable to broadcasting industry in

general2(7! E%ol%e codes and practices in respect of such other ser%ices which are neither licensed

nor registered under this #ct as may be notified by the 5entral 6o%ernment from time to

time and lay down obligations on ser%ices pro%iders for such codes and practices in a

manner as may be prescribed2(8! Cear appeals against the orders and directions of the Dicensing #uthorities

(l! #d7udicate on disputes between two or more Dicensing #uthorities or between alicensing authority and one or more ser%ice pro%iders under 7urisdiction of other licensing

authorities& or between two or more ser%ice pro%iders under 7urisdiction of more than one

licensing authority(m!5ertify content in respect of such categories of programs or ad%ertisements or

promotional materials as re-uire certification before broadcast& as may be prescribed in

the 5ontent 5ode2

(n! #d7udicate between licensing authorities or consumers or complainants and theser%ice pro%iders in respect of %iolations of the 5ontent 5ode& and impose penalties in

accordance with prescribed norms2

(o! Perform such other functions including such administrati%e and financial functions asmay be entrusted to it by the 5entral 6o%ernment or as may be necessary to carry out the

pro%isions of this #ct*

('! "he #uthority may& for the discharge of its functions under sub.section (! of thissection& issue such directions from time to time to the ser%ice pro%iders& as it may

consider necessary*

(,! "he #uthority may by general or special order& delegate to its 5hairperson or a

>ember or $ecretary or Regional officers or any other officer of the #uthority or to any/#uthori3ed 4fficer0& sub7ect to such conditions and limitations& if any& as may be

specified therein& such of its powers and duties under this #ct as it may deem fit*

5omment: If the aim of the Broadcast Bill is to promote the disseminating of

information& nurture and culti%ate di%erse opinions and educate and empower people to

be informed citi3ens so as to effecti%ely participate in the democratic process& then thepowers that section gi%es the 5entral 6o%ernment should be e+ercised by an

independent regulatory #uthority*

Recommendation: Incorporate the pro%isions of section & subsections (! to (1!& in to

section ',*


25/72

284 P&wers a)* +")%'i&)s &+ 'he Li%e)si) A"'h&ri'ies6 (! "he Dicensing #uthorities

shall e+ercise all or any of the following powers and functions with respect only to theser%ice pro%ider licenced by it

(a! 6rant& refuse or re%o8e licenses registration in respect of such broadcasting ser%ices

and for such limits of 7urisdiction as may be prescribed2(b! Inspect& en-uire or super%ise& or direct an /authori3ed officer0 to inspect& en-uire or

super%ise all or any of the ser%ice pro%iders to ensure compliance with the terms and

conditions of their respecti%e licenses(c! Ensure technical compatibility and effecti%e inter.connection between ser%ice

pro%iders

(d! #rbitrate between ser%ice pro%iders in respect of commercial arrangement mandated

by the 5entral 6o%ernment or the #uthority for sharing their re%enue deri%ed frompro%iding broadcasting ser%ices2

(e! Ensure effecti%e compliance of such public ser%ice broadcasting obligations as may

be prescribed for its licensees2

(f! Perform such other functions including such administrati%e and financial functions asmay be entrusted to it by the 5entral 6o%ernment or as may be necessary to carry out the

pro%isions of this #ct*(g! #d7udicate between consumers and ser%ice pro%iders& in respect of complaints and

disputes regarding the -uality or standards of ser%ice and payments by the consumers*

(h! Impose in accordance with prescribed norms& all or any of the penalties& indi%iduallyor in combination& in case of breach of any terms and conditions of the license

permission registration& after pro%iding an opportunity to the concerned ser%ice pro%ider

of being heard

Pro%ided that the %iolations of the 5ontent 5ode shall be punishable only by the#uthority& and the licensing authority shall ha%e the power to enforce compliance with

such punishment by the ser%ice pro%ider*

9'* Powers and functions of the H#uthori3ed 4fficers: $ub7ect to such directions as may

be gi%en from time to time by the 5entral 6o%ernment or the #uthority& e%ery authori3ed

officer shall ha%e the following powers:(i! "o inspect& search and sei3e e-uipment etc* under section 'K of this #ct*

(ii! "o prosecute& on a written complaint by the concerned Dicensing #uthority& such

licensed ser%ice pro%iders or other persons as are found to ha%e committed offences

under the #ct*(iii! "o co.ordinate with the Dicensing #uthorities to ensure that the terms and conditions

of the licenses are not %iolated by any ser%ice pro%ider

(i%! "o recei%e and en-uire into complaints from consumer groups or indi%idualconsumers or others regarding content or -uality of ser%ice and report to the Dicensing

#uthority for appropriate action*

(%! #ny other powers and functions as may be delegated to him by the #uthority asdeemed necessary*

C&--e)'6 "his section grants the power to /inspect& search and sei3e0 without

prescribing the manner in which such inspectionsearch and sei3ure is to be carried out*


26/72


27/72


28/72

notification& ma8e regulations not inconsistent with this #ct and the rules made

thereunder& for enabling it to perform its functions under this #ct*

('!


29/72

allowances and shall be sub7ect to such conditions of ser%ice in respect of lea%e& pension

(if any!& pro%ident fund and other matters as may be prescribed:

Pro%ided that the salary and allowances and the conditions of ser%ice shall not be %ariedto the disad%antage of the President of the Broadcasting 5ouncil after his appointment*

(! "he other members of the Broadcasting shall be entitled to such allowances as may be

prescribed*

14 P&wers a)* +")%'i&)s &+ 'he P"#$i% Seri%e Br&a*%as'i) C&")%i$4 >! "he

Public $er%ice Broadcasting 5ouncil shall e+ercise the following powers and functions:(ii! Ensure effecti%e compliance of public ser%ice broadcasting obligations cast upon

broadcasting ser%ice pro%iders as per the pro%isions of this #ct& and in the e%ent of failure

of a licensed ser%ice pro%ider to meet such obligations& suggest to the #uthority the

amount of penalty to be le%ied and collected as per guidelines laid down by 5entral6o%ernment2

(iii! ma8e recommendations to the 5entral 6o%ernment on whether a broadcasting

channel deser%es to be categori3ed as a public ser%ice broadcasting channel

(i%! institute national awards for public ser%ice broadcasting(%! define from time to time as to what will constitute public ser%ice socially rele%ant

programming or messaging(%i! produce or organi3e the production of benchmar8 -uality content& public ser%ice

messages and programmes that pri%ate tele%ision can use to fulfill its public ser%ice

broadcasting regulations(%ii! create and administer mechanisms to pro%ide free airtime for public ser%ice content

created or funded by ci%il society groups and A64s etc& which may also include starting

a public ser%ice broadcasting channel

(%iii! support formal training courses& wor8shops& seminars& discussions& research inPublic $er%ice Broadcasting for content producers& media watchers& critics and those

wor8ing in the social sector

24 P&wers &+ 'he Presi*e)'6"he President shall ha%e powers of generalsuperintendence

and direction in the conduct of the affairs of the 5ouncil and he shall& in addition to

presiding o%er the meetings of the 5ouncil& e+ercise such powers of the 5ouncil& andshall discharge such functions of the 5ouncil& as may be prescribed*

4 Re-&a$ &r resi)a'i&) &+ Presi*e)' a)* -e-#ers6 (! "he 5entral 6o%ernment

may remo%e from office the President or any member of the 5ouncil who:(a! 5eases to be a citi3en of India2 or

(b! Is ad7udged an insol%ent2 or

(c! Is con%icted or any offence in%ol%ing moral turpitude2 or(d! Is& in the opinion of the 5entral 6o%ernment& unfit to continue in office by reason of

infirmity or body or mind2 or

(e! #c-uires such financial or other interest as is li8ely to affect pre7udicially hisfunctions as a 5hairperson or member2

(f! #buses his position so as to render his continuance in office pre7udicial to public

interest*

('! "he President or any other member may resign his office by gi%ing notice thereof in


30/72

writing to the 5entral 6o%ernment and on such resignation being accepted& the President

or the member shall be deemed to ha%e %acated his office*

84 ee'i)s &+ 'he C&")%i$ &r i's %&--i''ees6 (! "he 5ouncil may constitute

committees of the 5ouncil for specific purposes& and ma8e regulations for the transaction

of business at the meetings of the 5ouncil as well as its committees('! "he 5ouncil or its committee shall meet at such time and place and shall obser%e such

procedure in regard to the transaction of business at its meetings as may be pro%ided by

regulations*(,! "he President shall preside at the meetings of the 5ouncil or its committee& and if for

any reason he is unable to attend any meeting& any other member elected by the members

present at such meeting& shall preside at the meetings*

(1! # member shall be deemed to ha%e %acated his office if he absents himself for threeconsecuti%e meetings of the 5ouncil without the lea%e of the President*

(! #ll -uestions which come up before any meeting of the 5ouncil shall be decided by a

ma7ority of the %otes of the members present and %oting and& in the e%ent of an e-uality

of %otes& the President& or in his absence& the person presiding& shall ha%e and e+ercise asecond or casting %ote*

:4 Va%a)%ies )&' '& i)a$i*a'e !r&%ee*i)s6 Ao act or proceedings of the 5ouncil

shall be in%alid merely by reason of.

(a! #ny %acancy in& or any defect in the constitution of& the 5ouncil2 or(b! #ny defect in the appointment of a person acting as a member2 or

(c! #ny irregularity in the procedure of the 5ouncil not affecting the merits of the case*

;4 Se%re'ar( a)* &'her &++i%ers a)* e-!$&(ees &+ 'he C&")%i$6 (! $ecretary of the5ouncil shall be the 5hief E+ecuti%e 4fficer of the 5ouncil* $ub7ect to the pro%isions of

section ,' of the #ct& the $ecretary shall e+ercise such powers and discharge such

functions of the 5ouncil as may be delegated to him by the 5ouncil*('! "he 5entral 6o%ernment shall ma8e a%ailable to the 5ouncil& a panel of not less than

three officers of the ran8 of the ?oint $ecretary to the 6o%ernment of India& and the

5ouncil may select one of them and recommend his appointment as $ecretary of the5ouncil to the 6o%ernment*

(1! "he 5ouncil may appoint such officers and other employees& as it considers necessary

for the efficient discharge of its functions under this #ct in the manner as pro%ided by the

regulations*(! "he salary and allowances payable to and other conditions of ser%ice of the officers

and other employees of the 5ouncil shall be such as may be determined by regulations*

74 Fi)a)%e, A%%&")'s a)* A"*i'6(! "he 5entral 6o%ernment may for enabling the5ouncil to discharge its functions efficiently& after due appropriation made by Parliament

by law in this behalf& pay to the 5ouncil in each financial year such sums of money as the

6o%ernment considers necessary by way of grants.in.aid*('! "he 5ouncil shall ha%e its own fund and all the receipts of the 5ouncil shall be

credited to the fund* #ll money belonging to the fund shall be deposited in one or more

$cheduled Ban8s in such manner as the 5ouncil may decide and 5ouncil may spend such

sums as it thin8s fit for performing its function under this #ct*


31/72

(,! "he 5ouncil shall be able to collect any amount or donation or grant from any

go%ernment or non go%ernment body as a contribution towards public ser%ice

broadcasting obligation fund*(1! "he 5ouncil shall prepare& in such form and at such time each year as may be

prescribed& a budget in respect of the financial year ne+t ensuing showing.

(a!"he e+penditure which is proposed to be met from the internal resource of the 5ouncil2and

(b! "he e+penditure which is proposed to be met from public ser%ice broadcasting

obligation fund(c!"he sums re-uired from the 5entral 6o%ernment to meet other e+penses& and copies

thereof shall be forwarded to the 5entral 6o%ernment*

(! "he 5ouncil shall maintain proper accounts and other rele%ant records and prepare an

annual statement of accounts in such form and in such manner as may be prescribed*(K! "he accounts of the 5ouncil shall be audited by the 5omptroller and #uditor 6eneral

of India at such inter%als as may be specified by him and any e+penditure incurred in

connection with such audit shall be payable by the 5ouncil to the 5omptroller and

#uditor 6eneral*()! "he 5omptroller and #uditor 6eneral of India and any person appointed by him in

connection with the audit of the accounts of the 5ouncil shall ha%e the same rights andpri%ileges and authority in connection with such audit as the 5omptroller and #uditor

6eneral has in connection with the audit of 6o%ernment accounts and& in particular& shall

ha%e the right to demand the production of boo8s& accounts& connected %ouchers andother documents and papers and to inspect the offices of the 5ouncil*

(L! "he accounts of the 5ouncil as certified by the 5omptroller and #uditor 6eneral of

India or any other person appointed by him in this behalf together with the audit report

thereon shall be forwarded annually to the 5entral 6o%ernment and that 6o%ernmentshall cause the same to be laid before each Couse of Parliament*

(J! "he 5ouncil shall& after the end of each financial year& submit to the 5entral

6o%ernment a report on its acti%ities during the preceding financial year and containingsuch information relating to the proceedings and policy of the 5ouncil& as the

6o%ernment may prescribe from time to time*

(! "he 5entral 6o%ernment shall cause such report to be laid before each Couse ofParliament*


32/72

=4 P&wer &+ 'he C&")%i$ '& -a@e re"$a'i&)s6 (! "he 5ouncil may& by notification&

ma8e regulations not inconsistent with this #ct and the rules or guidelines issued

thereunder& for enabling it to perform its functions under this #ct*('!


33/72


34/72

liable to be proceeded against and punished accordingly*

E5!$a)a'i&)6For the purpose of this section&

(a! /5ompany0 means any body corporate and includes a firm or other association ofindi%iduals2 and

(b! /=irector0 in relation to a firm& means a partner in the firm*

824 C&)i/a)%e &+ &++e)%es6 (! Ao court shall ta8e cogni3ance of any offence

punishable under this #ct e+cept upon a complaint made in writing by any authori3ed

officer*('! Ao 5ourt inferior to that of a 5hief >etropolitan >agistrate or a 5hief ?udicial

>agistrate of First 5lass shall try any offence punishable under this #ct*

84 The A"'h&ri'( '& !res%ri#e !e)a$'ies +&r i&$a'i&)s &+ $i%e)se %&)*i'i&)s e'%46

$ub7ect to the pro%isions of subsection (ii?,the #uthority may prescribe the penalties to

be imposed for %iolation of %arious terms and conditions of the license permission

registration sub7ect to the condition that such penalties shall not e+ceed a fine of rupees

fifty la8hs& besides suspension or re%ocation of such license permission registration&sub7ect further to the condition that no penalty shall be imposed unless and until a

reasonable opportunity has been gi%en to the ser%ice pro%ider to e+plain its position*(ii! * "he #uthority may specify penalties to be imposed& including suspension or

re%ocation of licence & permission or registration& for %iolation of %arious terms and

conditions as may be specified under section )& sub7ect to the condition that amount of apecuniary penalty shall not e+ceed one crore rupees:

Pro%ided that no penalty shall be imposed without gi%ing a reasonable opportunity to the

ser%ice pro%ider:

Pro%ided further that no act or omission on the part of any person after the thAo%ember& ' and before the date of promulgation of the $ports Broadcasting $ignals

(>andatory $haring with Prasar Bharati! 4rdinance& ') (4rd 1 of ')!& shall be

sub7ected to penalties*

884 The Li%e)si) A"'h&ri'ies '& i-!&se !e)a$'ies6 (! $ub7ect to the pro%isions of

section , of this #ct& e%ery licensing authority shall ha%e the power to impose any of thefollowing penalties& indi%idually or in combination& in respect of licences issued by it& in

case of breach of any terms and conditions of the license or permission or registration& as

the case may be& namely: .

(i! =irect the licensee to broadcast a correction or an apology or not to repeat aprogramme2 andor

(ii! Impose a fine which may e+tend up to rupees fi%e la8hs in case of cable operators and

to twenty fi%e la8hs in case of others(iii! $uspend the license for a specified period2 or

(i%! 5urtail the period of the license2 or

(%! Re%o8e the license*Pro%ided that no such penalty shall be imposed without gi%ing a reasonable opportunity

to the concerned ser%ice pro%ider of being heard in person or through a legal

representati%e*

Pro%ided that the %iolations of the 5ontent 5ode shall be punishable only by the


35/72

#uthority& and the licensing authority shall ha%e the power to enforce compliance with

such punishment by the ser%ice pro%ider*

('! Pending disposal of the case& the Dicensing #uthority may& if it considers it e+pedientor desirable in public interest to do so& direct the concerned ser%ice pro%ider to stop the

repeat broadcast or broadcasts of a particular program or portion thereof which is under

in%estigation or en-uiry& and the ser%ice pro%ider shall immediately comply with such adirection

Pro%ided that no such interim direction shall be issued without gi%ing a reasonable

opportunity& as far as practical& to the concerned ser%ice pro%ider of being heard in personor through a legal representati%e*

8:4 A!!ea$s aai)s' 'he &r*ers &+ 'he Li%e)si) A"'h&ri'ies6 #n aggrie%ed person may

prefer an appeal against an order or direction of any of the Dicensing #uthorities to the#uthority within a period of thirty days of such an order or direction*

Pro%ided that the #uthority may entertain the appeal after e+piry of the said period of ,

days if it is satisfied that the appellant was pre%ented by sufficient cause from preferring

the appeal in time*

8;4 A!!ea$s aai)s' 'he &r*ers &+ 'he A"'h&ri'(6 #n aggrie%ed person may prefer anappeal against the order or direction of the #uthority before the Film 5ertification

#ppellate "ribunal (F5#"! in respect of cases of %iolations of the 5ontent 5ode& and

before the "elecom =isputes $ettlement and #ppellate "ribunal ("=$#"! in respect ofcases of all other %iolations of the terms and conditions of license within a period of ,

days of such an order or direction*

Pro%ided that the "ribunal may entertain the appeal after e+piry of the said period of ,

days if it is satisfied that the appellant was pre%ented by sufficient cause from preferringthe appeal in time*

874 A!!ea$s #e+&re 'he S"!re-e C&"r'6(! Aotwithstanding anything contained in the5ode of 5i%il Procedure or in any other law& an appeal by either party to the dispute shall

lie against any order& not being an interlocutory order& of the "=$#" or F5#"& the case

may be& to the $upreme 5ourt on one or more of the grounds specified in $ection ofthat 5ode*

('! Ao appeal shall lie against any decision or order made by the "=$#" or F5#"& as the

case may be& with the consent of the parties*

(,! E%ery appeal under this section shall be preferred within a period of J daysfrom thedate of the decision or order appealed against&

Pro%ided that the $upreme 5ourt may entertain the appeal after e+piry of the said period

of J days if it is satisfied that the appellant was pre%ented by sufficient cause frompreferring the appeal in time*

8


36/72

('! 4n the date to be notified by the 5entral 6o%ernment& after the establishment of the

#uthority& all proceedings pending before the >inistry of Information and Broadcasting&

6o%ernment of India shall be deemed to be pending before the #uthority and shall bedisposed of in accordance with the pro%isions of this #ct*

8=4 Cii$ C&"r' )&' '& hae "ris*i%'i&)6 Ao 5i%il 5ourt shall ha%e 7urisdiction toentertain any suit or proceedings in respect of any matter which the #uthority or the

Dicensing #uthority& as the case may be& is empowered by or under this #ct to determine

and no in7unction shall be granted by any ci%il court or other authority in respect of anyaction ta8en or to be ta8en in pursuance of any power conferred by and under this #ct*

CHAPTER ;

ISCELLEANOUS

:04 P&wer &+ 'he Ce)'ra$ G&er)-e)' '& iss"e *ire%'i&)s6 9(! "he 5entral

6o%ernment may& from time to time& issue to the #uthority such directions as it may

deem necessary in the interests of the so%ereignty and integrity of India& the security of

the $tate& friendly relations with foreign countries& public order*

5omment: In order to ensure an independent media& and in order to ensure that theciti3ens of India are e+posed to as much information as possible so as to allow for true

participation in our democracy& the power to ma8e determination must be made by an

independent authority& namely the BR#I*Recommendation: =elete section (!*

('!


37/72

(g! =ismissing an application for default or deciding it& e+.party2

(h! $etting aside any order of dismissal of any application for default or any other passed

by

comments on proposed broadcasting bill and content code

Documents