[cr-india] Content Code: MIB places self-regulation guidelines before Court

Mon Apr 7 04:34:17 IST 2008

http://www.indiantelevision.com/headlines/y2k8/mar/mar256.php

Indiantelevision.com's News Room Headlines  	

  	Content Code: MIB places self-regulation guidelines before Court 	

	By SUJIT CHAKRABORTY
Indiantelevision.com Team 	
	(24 March 2008 7:00 pm) 	

NEW DELHI: The Ministry of Information & Broadcasting today placed
before the Delhi High Court a Self Regulatory Guidelines for the
Broadcasting Sector (2008) that proposes a two-tier regulatory set-up
to be run entirely by broadcasters, with the key being adherence to
the Certification Rules of the Cable Television Network (Regulation)
Act, 1995.

The contentious issue of Content Auditor has been dealt with
extensively in the Guidelines, giving the industry the powers they
wanted, by removing the clause in the earlier Code that said that the
Auditors would have to report issues of non-compliance to the
government.

Now, the Auditors would report violations to the Chief Editor and it
would be his responsibility finally on what goes on air.

The Guideline says that only cases in which the Broadcast Regulatory
Authority of India (BRAI) would take action - suo moto or on receiving
a complaint - would be violations of the Certification Rules that have
repercussions on the security or integrity of the country or
contravene restrictions under the Theme 6 (Regulation & Community) or
Theme 9 (General Restrictions) of the Certification Rules.

Also, segment-wise Broadcast Consumer Complaint Committees would have
to be set up, which would include separate committees for MSOs
(multi-system operators), LCOs (local cable operators), the Indian
Broadcasting Foundation (IBF), News Broadcasters Association (NBA),
Association for Radio Organisations of India, Community Radio Forum
and the Prasar Bharati.

The BCCCs would have wide-ranging powers, including directions to
channels not to telecast programmes or advertisement, "pending
discussion"; to edit the advertisement or programme, and order any
punitive action "in accordance with the constitution of the BCCC of
the relevant segments of the industry".

While the First Tier would ensure self-regulation at the BSP level,
the Second Tier would be the domain of the industry as a whole.The
BCCCs would play their role there, again a new concept ushered in by
the Guidelines.

"At both the tiers, it will be the industry that would regulate
itself, which was their demand and so what more can one ask for?" said
an MIB official, without wanting to be identified.

A copy of the Guidelines is exclusively with indiantelevision.com.

The first tier would be at the Broadcast Service Provider (BSP) level,
where each such BSP would have to have its "own internal mechanism to
comply with the Rules, for which it may appoint one or more Content
Auditor of requisite qualification and experience".

Each channel would have to provide details of its Content Auditor/s on
its website and channel for information of the public, and the
information would have to be notified to the MIB.

It says: "For the purpose of ensuring compliance, each BSP may develop
its own internal guidelines and procedures. However, each BSP shall
consult its Content Auditor/s for assigning appropriate categorisation
as per the Rules in respect of each programme / advertisement.

"The Chief Editor of the channel, by whatever designation he is known
in the channel shall be responsible for the final decision to accept
or modify the guidance given by the Content Auditor", and shall be
"finally responsible for self-regulation and ensure compliance with
the Rules".

Another new aspect in the Guidelines is to deal with Live and
interactive programmes.

In these, the government felt, that participants' words or ideas or
gestures cannot be edited out, so the Chief Editor would have to
satisfy himself that adequate briefing have been given to the
participants about the certification norms and indemnify the BSP
against any deliberate violations by them.

An important new aspect that had been a demand of the industry,
especially the news channels, has been taken care of, wherein the
Guidelines says that while the Content Auditor would bring to the
notice of the Chief Editor any violation of the Rules, "The ultimate
decision of such a matter shall be the responsibility of the Chief
Editor."

The second tier would be at the Industry Level, at which the "Central
Government or the Broadcast Regulatory Authority of India would
appoint industry-segment level organisations to set up their
respective Broadcast Consumers Complaint Committees, who would have to
deal with and respond to complaints within specific time limits."

It is here that the MSOs and LCOs have been empowered for the first
time to set up their own BCCCs to deal with programme content
complaints from subscribers.

The list of other industry-segments that would have to set up their
own BCCCs include the IBF, NBA, Association of Radio Operators of
India, Community Radio Forum and Prasar Bharati.

The Introduction to the Guidelines says: "These Guidelines set out
principles… and ethical practices which shall guide the BSPs on
offering programming services…" and also says that "These Guidelines
have been drafted to introduce greater specificity …and minimse scope
for subjective decision by the regulatory authorities or the BSPs."

Since the Guidelines are self-regulatory, which has been a consistent
industry demand, the onus, the government says, would be on the BSP
when forming a view on the acceptability of any programme.

The industry demand for watershed timing has been accepted and made
progressive, from 8 pm onwards, under the assumption that from that
time of the day "parents are expected to share the responsibility of
what their children are permitted to watch on TV".
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Frederick 'FN' Noronha   | Ym/Gmailtalk: fredericknoronha
http://fn.goa-india.org     | fred at bytesforall.org
Independent Journalist   | +91(832)2409490 Cell 9970157402
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