Broadcasting Law

Prasar Bharathi Act

Significance of Broadcasting

• Social, Economic and political relevance of broadcasting is very high now.

• Three traditional roles:Information, Education entertainment

• Other functions of this media: socialization mobilization, watchdog, linking institutions, surveillance, mirroring society, cultural promotion, engine of change and interpretation of social issues

Information society

• In Information Society of Democracy, universal access to independent, impartial and relevant information is a need

• All citizens have right to receive information in their own language, their own culture, clear views and perspectives of world they live in.

• Radio and TV cannot be Govt Gazettes

Controls and Autonomy

• Govt exerts greater control on powerful electronich medium, uses it as its mouthpiece

• It is not allowed to be an independent source of information for the people

• Commercial broadcasters bring in pluralism of information, but their funding from political powers and multinational groups brings controls also.

Public Broadcasting autonomy

• Public Broadcasters with a legal status and regulation from an authority independent of Government can be autonomous and work in public interest.

• They can guarantee the society what it needs- promotion of multiple cultures, minorities, fostering dialogues between opposing interest groups, conflict prevention, reconciliation….

Social service of Information

• Impartial independent and relevant information to be delivered to every segment of population irrespective of age, sex, revenue, religion, political creed, language, culture, nationality and place of habitation

• Radio and TV should be a broadcasting public service

Authoritarian approach

• Every Govt tries to influence and control the minds of people through TV

• Try to devalue democratic process and eliminate the dissent and public voice from official decision making process

• To guard the media from this authoritarianism, Freedom of speech is provided in American and Indian Const.

What is Autonomy

• Financial and Administrative autonomy, beeing part of Govt, it administers its on affairs

• Professional and functional autonomy, freedom in discharge of functions

• Legal autonomy does not guarantee functional autonomy

• Independent and professional selection of professional personnel is elementary

Freedom to choose

• It is viewer’s autonomy to choose one from many, because of multiple private channels

• Linguistic autonomy

• Need to free flow of information to make a citizen autonomous in decision making process is important in democracy, Article 19 and First Amendment freedom in US intend it.

Freedom for creativity

• Complete freedom is pre-requisite of creative activity, which TV needs

• Dissemination of knowledge is essential

• It should not be a propaganda tool of any political party

• Autonomy with lack of professionalism is also useless. Absence of autonomy will not lead to professionalism.

Expansion of Broadcasting media

• It is anticipated that by 2005 broadcasting and entertainment industry could be worth Rs 60,000 crore (current revenue is 15000)

• Entertainment industry creates jobs in music, networking, Advertising commercials, Home Entertainment in audio and video- design manufacture and sale of hardware, software like video games CDs...

Regulation & Autonomy

• Present trend is deregulation of media or minimal restrictions

• Still the need is felt for regulation and excessive regulation leads to demand for autonomy

• Independent Communications Authority of South Africa

• Federal Communications Commission: US

Rationale for Regulation

• Airwaves are public source, so govt has authority to license their use on terms

• Frequencies of broadcasting are limited and so impossible for all to acquire license

• Interests of public in general

• When there are more persons to broadcast, frequencies must be allocated by authority

Legal Controls

• Controlling the content is another controversy.

• Britain imposes controls over violent and sexually explicit programmes

• Germany feels regulation is essential to ensure pluralism and variety in programmes

• Electronic media is subjected to greater controls compared to print media

Spectrum Allocation

• Spectrum scarcity also necessitated regulation

• Federal Communications Commission decided to give away the digital television licenses rather than auction them

• Licenses are given as loans dependent on fulfillment of stipulations by FCC(minimal requirement of educational programs for children. It provided free market scheme.

Regulation in UK

• Independent Television Authority in 1954

• Broadcasting Act 1990 created ITC

• It excludes governors and employees of BBC and persons that may be prejudiced in discharge of functions

• Licenses commercial TV services, cable television, domestic satellite services, text and data service, digital terrestrial TV

ITC in UK

• It enforces programme quality standards through licence conditions and its own codes

• Annual performance review to supervise the standards

• ITC has general duty to secure fair and effective competition and to ensure the enforcement of rules on concentration of ownership.

India: AIR & Doordarshan

• 1964 AK Chanda Committee studied functioning of AIR

• A creative medium cannot flourish under meaningless rules and rigid regulation of info and finance departments, liberate

• Recommended independent corporation for Akashvani

• Nehru wanted semi-autonomous like BBC

Misuse of Media

• Political ruling parties misused media. Emergency- a blatant example of using AIR as propaganda tool, AIR Code of guidelines for broadcasters was suspended, directors of AIR were instructed to receive commands from Govt.

• Janata Party’s policy was grant of autonomy to AIR and Doordarshan, Verghese panel

Akash Bharathi Report

• Verghese Committee gave report in 1978

• Proposed independent structure for National Broadcasting Trust (Akash Bharti Trust) with 12- 22 trustees, 1/3 of whom retire every two years. & a Complaints Board

• Regulated by Board of Trustees funded through exchequer and responsible to Parliament through the Government

Structure

• Two tier structure- Board of Trust as policy making body and Board of Management for management with a recommendation to develop autonomy at regional and local kendras also.

• At base franchising non-political non religious institutions NGOs Universities, Universities, Coop Institutions, other non profit public service societies can use.

Aims

• To permit NGOs to utilize the AkashBharti infrastructure to operate autonomous low power centers, low budget community radio and TV stations

• Independent Licensing Board to issue licenses for 3 to 5 years to franchises, they cannot produce news bulletins but to relay the AIR bulletins, current affairs.

Pre-Prasar Bharathi

• Prasar Bharti Bill was introduced in the Lok Sabha in 1979, but lapsed with dissolution of LokSabha, Advani introduced autonomy as Minister for I&B in Morarji’s cabinet.

• Return of Mrs Gandhi caused set back to autonomy. Efforts to grant autonomy to Film Division was also shot down. Directions from Ministry was considered necessary, to DD, AIR and Films Divi.

Policy for Broadcast Media

• 1982 News Policy for Broadcast Media was announced based on advisory committee’s recommendations,

• Directions as to news selection, presentation, political coverage of President, PM etc, statements and rejoinders, strikes, bandhs riots and disturbances, sex, crime, national calamities, deaths and anniversaries….

Directions for News

• External news, subversion and insurgency, comments and opinions, speculations and rumour, and parliament coverage also was directed. It is being followed even now.

• The guidelines reflect concern for national development, unity and communal peace,

• It enjoins to make a deliberate effort to explore new areas of development and nation building news.

Guidelines for news

• Stress was supposed to be on coverage of development, its significance achievements and problems.

• National policies should be reflected in style of news coverage

• Do not identify religion or community in communal riots

• Do not give news which tends to incite subversive activities

Do not encourage secession

• No encouragement to secessionist activities even if promoted by a recognized political party

• In reporting foreign affairs, toe the national line

• Consider our own national interest in selecting and presentation of foreign news item.

Working Group

• For a decade the promise of offering autonomy to electronic media not realised

• 1982 Working Group on Software for Doordarshan to make it effective medium for info, edu and entertainment. It suggested National Doordarshan Council

• It also suggested that Director General should head the DD, with the rank and salary of Secretary to Govt.

Freedom of Speech over DD

• After assassination of Indira Gandhi, the Congress government under Rajiv tried to open the TV, and to make news independent, because of his own political problems he abandoned them.

• Cinemart Foundation v UoI 1989 FR to Freedom of speech on DD could be curtailed only by valid law, not by departmental rule or direction.

Public Media’s Duty

• SC directed the telecast of ‘Beyond Genocide’ based on Bhopal tragedy, which was refused for being critical of Govt, despite winning national award. Public media running with public funds cannot deny access to screen the film.

• 1989, non-Congress minority National Front Govt reexamined the Akashbharathi Trust Bill

From Trust to Governors

• From board of trustees to Board of Governors, the concept of autonomy changed, Trust became Corporation

• Grant of licenses for franchise or local stations through Licensing board is given up

• Clause promising to ‘uphold the FR to freedom of speech and expression guaranteed under Art 19(1)(a)’ deleted.

Akashbharati to Prasar Bharti

• The bill also dropped the clause ‘pledging to uphold impartiality, integrity and autonomy of broadcasting in the country’

• While Akashbharathi spelt out Govt’s relation with Trust, Prasar Bharathi said nothing on it.

• Upholding the unity, integrity, development information appears to be common in both

Complaints Board to Council

• Akashbharathi called it Complaints Board, and Prasar Bharati it is Broadcasting Council. In A Chairman and two members, while in PB Chairman and ten part time members are provided.

• PB allowed for the constitution of regional councils.

• Bill introduced in 1989 with Parliamentary Committee of 22 members (15LS+7 RS)

Prasar Bharathi Act 1990

• Act notified on 15th Sept 1997 sought to free Akashwani and Doordarshan from direct control of Government

• To provide for establishment of an autonomous corporation.

• Act also provided for Parliamentary Committee to oversee the functioning of Corporation…..

1998 changes

• Act envisaged establishment of a Broadcasting council

• Two full-time members of finance and Personnel. (name of governors changed into members)

• Retirement of the 1/3 members by rotation

• Fixing upper age limit of 62 for CEO (these were removed by Amendment and restored by Ordinance in 1998)

Prasar Bharthi Board

• Broadcasting Corporation of India (Prasar Bharti) established with perpetual succession and a common seal with power to acquire, hold and dispose property, to contract, can sue and be sued

• Prasar Bharthi Board for general superintendence, direction and Management of affairs of corporation

Board

• Chairman, Exe Member, Finance member Personnel member, 6 part time members

• Director General for Akashvani,

• DG for DD

• Rep from I & B Ministry

• Two reps from employees of Corporation

• Corpn can appoint some members

Term of Office

• Persons of eminence shall be Chairman and Part time members, six years term, but 1/3 retire for every two years

• Whole time members for Finance and Personnel will be for a term of six years or until he attains 62, latter raised to 70 to appoint SS Gill (62+). BJP government reintroduced the original Age limit to get rid of SS Gill. Exe Member is CEO

Powers & Public good

• Section 12 The Corpn has to ensure public good and is to keep the interest of citizens in mind in discharge of functions

• S 13 deals with Parliamentary Committee with 22 members, to ensure proper functioning, which are expected to be accountable to Parliament and not to Government. In reality Govt controls thru its ruling members in PC

Parliamentary Committee

• It was opposed, Jaipal Reddy dropped Section 13 under pressure, but BJP reintroduced it.

• Criticised. PC is a death blow to autonomy (22 members represented according to party strength in House, unwieldy, not workable. Managers could not take decisions in split second, no professional approach)

• CEO has to report to PC once in 3 months

Broadcasting Council

• S 14 provided for it, to receive complaints (S 15) and advise the Corporation in its functioning. Like Lokpal or Ombudsman

• President + 10 members from public life including 4 MPs

• Term for three years.

• It may have regional councils.

• Removed in 1998 (reintroduced by BJP)

Complaints

• S 15 complaints that Programme is not in accordance with objective, or unjustly treated etc can be received

• BC can hear and advise the Executive member to take action, if CEO does not agree with it, he has to place it before Board

• If Board also want to reject, it can record reasons and inform the Council

Council and Bill

• Council provision was removed because it was provided by Broadcasting Bill

• It was reintroduced by BJP Govt as the Bbill lapsed.

• The Council has to be outside the Prasar Bharti corporation to be independent.

• It should work as a tribunal or court. Its decision must be accepted.

Financial Autonomy

• S 17 empowers the Center to provide financial assistance: grant aid or loan

• Proceeds of Broadcast receiver license fee

• Jaipal Reddy wanted financial autonomy with independent revenue resources to be functionally autonomous

• S 18 says Corpn shall have its own fund.

Government Grip

• S 20 says Prasar Bharathi to submit accounts & estimates for Govt approval

• S 23 gives power to Center to issue directions in the interest of Sovereignty, Unity and Integrity of India, preserve public order requiring not to broadcast on a matter specified

• S 24 allows Govt to obtain any necessary information from Prasar Bharti

Powers of Center

• If Board fails to comply with directions under S 23 fails to supply info under s 24, center can prepare a report and lay it before Parliament for action against Board

• President may supercede the board on recommendation from Parliament, for a period of six months. President should give reasonable opportunity to Board to explain

President’s powers

• After considering the explanations, President can notify the supersession of the Board and entrust the powers and functions of the Board to any person or persons

• Before supersession President may reconstitute the Board with fresh appointments. Former members are not disqualified.

Powers of Center

• S 32 gives center power to make rules for functioning, it may fix salaries allowances etc

• It may also constitute a Recruitment Board Regional Council

• 32(2) allows center to make rules relating to any other matter that it considers necessary, which gives a very wide power to control public broadcasting media