Expect the government to tremble, the way our worthy news channels have challenged its authority.

Expect India’s wealthiest newspaper group, owning two news channels, to espouse the latter’s case, without a modicum of a disclaimer (Times Now has a pending show-cause notice from the government, the licensor, questioning the promo telecast of 'The Dirty Picture,’ rated 'A’ by CBFC) .

Expect two lobby groups, the News Broadcasters Association and Broadcast Editors Guild of India (BEGI), one funded by the biggest news channels, the other by their paid employees, to play up their own press releases, citing the government’s nefarious designs against quality journalism.

Quality indeed, considering that one channel, News 9, found it interesting enough to telecast, picturesquely titled, ‘Sheyla’s Size Problems’. As the licensor, the government slammed them with a warning. Four more such warnings and their license may not be renewed.

NDTV India, normally considered responsible, even sterile, got caught showing nude pictures of Serena Williams. Never–say-die India TV got warned for promotion of superstition in its ratings masterpiece, 'TV Par Saakshaat Lakshmi.’ (Please see below details of all channels and show-causes notices by the ministry of information and broadcasting after July 1, 2009; what happens to far more colourful violations before that date is another story!)

Welcome to a banana regime where information & broadcasting minister Ambika Soni has come back with a cabinet approval to bring orderliness to the naked dance (some call it, self-expression) on our (news) channels; but she’ll risk her job if she implements any of that.

For those coming in late, or those who have strong views on the muck passing off as news, here’s a primer to help you decide whether Ambika should be denying renewal of news licences if the applicant had done five violations. For the record, the existing rules, as detailed in this note, even for continuation of an existing licence were far more stringent and the penalty has only been slackened! 

Hasn’t Ambika swung a surprise? Isn’t she just a plain old bully?

The provision in the new guidelines on up-linking and down-linking of TV channels, since approved by the union cabinet, provides that renewal of permission of a TV channel would be subject to the condition that the concerned channel should not have violated the programme/advertising codes on five or more occasions. This is in sync with the existing regulatory framework contained in the Cable Television Networks (Regulation) Act, 1995, including existing up-linking/down-linking guidelines. Nor is it a sudden development. The comments of the ministry on TRAI recommendations, as part of TRAI consultation process in the run-up to the new guidelines were placed on MIB’s website in February 2011 at www.mib.nic.in. Comments of TRAI on MIB’s remarks were also placed on TRAI’s website on February 23, 2011 at www.trai.gov.in. These conditions for renewal have been in public domain for views/observations and the ministry’s comments for a long time now. 

Isn’t Ambika the inventor of an ancien regime?
 
The existing guidelines go back various governments. Extant up-linking guidelines (December 2, 2005) and down-linking guidelines (November 11, 2005) relevant even for continuing one’s existing licence, forget renewing it at the expiry of the licence, provide that:

•    The company shall comply with the programme & advertising codes.  As part of the permission, the company furnishes an undertaking to this effect. (Para 5.2 of the up-linking guidelines and para 5.1 of the down-linking guidelines).

•    In the event of a permission holder violating any of the terms and conditions of permission including violation of programme/advertising codes, the ministry shall have the right to impose the following penalties:

•    In the event of first violation, suspension of the permission of the company and prohibition of broadcast/ transmission up to a period of 30 days,
•    In the event of second violation, suspension of the permission of the company and prohibition of broadcast up to a period of 90 days.
•    In the event of third violation, revocation of the permission of the company and prohibition of broadcast up to the remaining period of permission.
•    In the event of failure of the permission holder to comply with the penalties imposed within the prescribed time, revocation of permission and prohibition of broadcast for the remaining period of the permission and disqualification to hold any fresh permission in future for a period of five years.  (Paras 8.2 to 8.2..4 of up-linking guidelines and para 6.2 to 6.2.4 of the down-linking guidelines).

So, what did Ambika do now?

•    The entire issue arising out of the TRAI consultation paper, as contained in the I&B secretary’s letter of February 2, 2011, was placed on the ministry website including the specific issue on 5 or more violations of programme/advertising codes, for knowledge of stakeholders and the public at large.
•    The above was also placed by TRAI on their website on February 23, 2011.
•    It provided that renewal of permission would be subject to the condition that the channel should not have been found guilty of violating the terms and conditions of permission including violations of the programme and advertisement code on five occasions or more.

Despite the matter having been available on the ministry website since February, apparently no representation or objection came from any broadcasters or even BEGI’s slumbering tigers against any of the provisions of the new guidelines, much less the specific issue on five or more violations of programme/advertising codes was received. 

But why a renewal clause at all?

Trust the government not to have existing guidelines without any express provision for renewal of permission on the issue of compliance with the statutorily mandated programme and advertising codes. Therefore, in order to foster a regime where a desirable compliance with the same could be ensured by the broadcasters, who are equally mandated to abide by the statutory provisions, Ambika came up with new guidelines, providing for the condition of five or more violations. 

Doesn’t NBA already have an eminent self-regulatory mechanism (NBSA) under former chief justice of India J S Verma? A similar dispensation exists for the entertainment channels. What right does Ambika have to intervene?

•    MIB has so far permitted 380 news and current affairs channels and 399 non-news and current Affairs channels. However, so far 240 (including news channels) have become members of Indian Broadcasting Foundation (IBF). As regards NBA, 20 broadcasters comprising 45 channels are members. They don’t quite care that the remaining 335 news licensees have a free reign.

•    Broadcast Content Complaints Council (BCCC), the IBF’s self-regulatory mechanism for looking into content-related complaints/issues in case of non-news channels, since June 30, 2011. Justice Verma’s NBSA, in case of news channels, came into operation since 2.10.2008. While BCCC wasn’t there, MIB has been sending violations to Justice Verma. NBSA had been writing back that the said broadcaster is not a member of NBA, and MIB has been directing her to cooperate with NBSA to conduct the enquiry. Justice Verma’s pro bono engagement, replete with civil society busy bodies and some serving editors of news channels (they leave the room when their channel’s complaint is being debated), has been a fig leaf for keeping MIB at bay.

The last time the learned judge hit someone hard was India TV; a fine of Rs 1 lakh was slammed and the channel promptly walked out of NBA, sending jitters about the future of self regulation. I was a footnote in that episode and the channel was persuaded back only to serve the larger interest of unity!

•    After BCCC has come into place, MIB sent all pending complaints to them necessary action. However, BCCC informed MIB that they will be able to take action in only those cases where violation has taken place after it has come into existence, i.e., July 1, 2011. MIB therefore decided to send only those cases where violations have happened after July 1, 2011.

•    In case of violations pertaining to the telecast prior to 1.7.2011, MIB issued SCNs in 8 cases during the period from July, 2011 onwards.

•    In case of telecast made after July 1, 2011, MIB has issued SCNs in three cases. Out of these 3, one pertains to Advertising Code, which is not looked into by BCCC (Star Cricket for violation Rule 7(10)). The remaining two SCNs relate to telecast of trailer of Hindi feature film ‘Dirty Picture’. (In case of Times Now and Sony). The CBFC has complained that these trailers were not certified by them for telecast on TV. It’s another matter that causing considerable confusion of broadcasters, MIB has had problems recognizing CBFC’s diktats. 

•    During 1.4.2007 to 30.9.2011, the ministry sent 115 SCNs for violation. 59 related to Non-News and Current Affairs Channels and 56 to News and Current Affairs Channels.

Why doesn’t Ambika simply let go? Doesn’t she have something better to do?

•    As per the Cable Act, 1995, statutory responsibility of regulation of content telecast on private satellite television is cast on the central government. Ambika has to discharge this function within the framework of the Act having regard to all relevant factors.

•    SCNs issued by MIB are not by themselves an instance of violation to be counted as 5 or more. SCNs are mere instruments to determine whether a violation has taken place or not.

•    Apart from SCNs which seek responses from the channels, opportunity is granted to channels to explain their position.
•   
•    The detailed responses to SCNs and position explained during personal opportunity, are considered by an Inter-Ministerial Committee, comprising (often pretty junior) officers from various Ministries, including a representative of ASCI, a private self-regulatory body of advertising industry.

•    It is after consideration of relevant factors that an order is passed by the MIB.
•    Such regulatory orders passed within the aforesaid framework are subject to judicial review. Thus, when any channel is aggrieved by the order and feels that the same lacks legal basis, it has taken recourse to judicial scrutiny. Four illustrative examples are:-

•    In case of “Big Boss 4” telecast on Colors, MIB issued an order on 23.12.2010, inter-alia, to shift the programme anytime after 11.00 p.m. and to run an apology scroll. The channel obtained a stay order from the Bombay High Court.
•   
•    In case of “Sizzling Hits” telecast by SS Music Channel, an order on 16.11.2010 was issued prohibiting its transmission/re-transmission for 7 days. The channel moved the Madras High Court (HC). The HC in their order of 7.12.2010 set aside the above order. MIB filed an appeal in the Division Bench to permit it to prohibit broadcasting of the SS Channel, and also to stay the order of the single bench. The division bench in its order of 21.03.2011 allowed the interim stay. However, the channel filed a petition on 28.03.2011 seeking to vacate the order of interim stay.  This petition has been heard twice, but the court has not vacated the interim stay allowed by it. The final hearing is awaited. Apparently, the government advocate has advised MIB to re-enforce its order of 16.11.2010 to ban the channel for 7 days, as there is no legal bar now. However, for reasons not known, MIB has decided to await the final outcome in November, perhaps, hoping to prove that the it does not act in an arbitrary fashion after all!

•    In the programme “Sapna Babul Ka” by Star Plus, MIB issued a warning on 4.3.2010 for use a derogatory term against Saint Valmiki, which angered the Balmiki Samaj in Punjab. Star Plus filed a Writ Petition in the Delhi HC on 28.5.2010, seeking to have the warning quashed. The court has allowed the petition in its judgment of 26.8.2011.  The MIB hasn’t gone for appeal.

•    In “Sach Ka Saamna” telecast by Star Plus, MIB issued a warning on 27.11.2009.  The channel filed a Writ Petition in Delhi HV.  The court on 30.9.2011 dismissed the petition. It observed that the warning administered to the channel  by MIB as per the impugned order was a valid exercise of statutory power by the regulatory authority.

Details of Show Cause Notices issued from 01.07.2009 onwards and action taken thereon                

Sl.No.    Name of the Channels     "Date of SCN issued "    Reasons for issue of SCN    Action Taken

1    Star Plus     22.07.2009    Telecast of a obscene, vulgar & indecent Reality Game Show titled ‘Such Ka Samna’     "A Warning dated 27.11.2009 issued to the channel. The channel was also directed that while formatting a programme based on international format, channel should keep in view the Indian ethos and culture as well."
2    Star Vijay      27.07.2009    Telecast of an especial programme ‘Nadandadu Enna’ encouraging superstition.    "Reply of the channel was found satisfactory to this Ministry."
3    9X TV      27.07.2009    Telecast of a tele-serial titled ‘Black’ telecasting horrifying visuals    "A Warning dated 04.01.2010 issued to the channel."
4    ETV Oriya    27.07.2009    Telecast of a news item containing indecent visuals     "No violation of Programme Code observed."
5    ETV Marathi     27.07.2009    Telecast of a news item based on suicide committed by a person    "An Advisory dated 04.01.2010 issued to the channel."
6    Mega TV    28.07.2009    Telecast of a news item containing indecent visuals    "An Advisory dated 04.01.2010 issued to the channel."
7    NDTV Imagine     28.07.2009    Telecast of a tele-serial titled ‘Bandini’ showing indecent visuals    "An Advisory dated 01.12.2009 was issued to the channel."
8    Bindass    29.07.2009    Telecast of an indecent serial ‘Sun Yaar Chill Maar’    "An Advisory dated 29.12.2009 issued to the channel."
9    Channel [V]    29.07.2009    Telecast of an indecent programme titled ‘Launch Pad’    "A Warning dated 11.12.2009 issued to the channel."
10    News Live     29.07.2009    Telecast of a news item offending against decency    "A Warning dated 29.12.2009 issued to the channel."
11    Colors    29.07.2009    Telecast of a serial ‘Koi Aane Ko Hain’ encouraging superstition    "A Warning dated 29.12.2009 issued to the channel."
12    Asianet News    31.07.2009    Telecast of a news Programme ‘FIR’ based on crime reports and showing indecent visuals    "A Warning dated 29.12.2009 issued to the channel."
13    Amrita TV    31.07.2009    Telecast of the programme titled ‘Super Talent’ showing dangerous stunt scenes     "An Advisory dated 11.12.2009 issued to the channel."
14    VH-1     19.08.2009    Telecast of the programme ‘Saturday Night Live’ showing indecent visuals.    "Warning dated 08.12.2009 issued to the channel."
15    Bindass    26.08.2009    Telecast of the Reality Show ‘Dadagiri - Season II'     A Warning dated 04.03.2010 issued to the channel.
16    SONY    26.08.2009    Telecast of the Reality Show ‘Iss Jungle Se Mujhe Bachao’    "A Warning dated 11.12.2009 issued to the channel."
17    National Geographic    04.09.2009    Telecast of visuals showing wrong map    "A Warning dated 05.01.2010 issued to the channel."
18    VH-1    11.09.2009    Telecast of the programme ‘South Park’     An Order dated 05.03.2010 issued to the channel directing it to take the programme off air. The channel complied with the direction.
19    FTV    11.09.2009    Telecast of visuals of nude upper body of female models    An Order dated 10.03.2010 issued to the channel prohibiting the transmission of channel for 9 days from 12.03.2010 to 21.03.2010
20    NDTV Imagine    06.10.2009    Telecast of the serial ‘Pati, Patni aur Woh’    A Warning dated 03.03.2010 issued to the channel.
21    Sadhna TV    09.10.2009    Telecast of a News Item      An Advisory dated 11.03.2010 issued to the channel
22    SONY    16.10.2009    Telecast of the programme ‘Entertainment Ke Liye Kuch Bhi Karega’     An Advisory dated 04.03.2010 issued to the channel.
23    Star Plus    23.10.2009    Telecast of the serial ‘Sapana Babul Ka- Bidaai' containing dialogues against a particular community.     A Warning dated 04.03.2010 issued to the channel.
24    Colors    26.10.2009    Telecast of the reality show ‘BIG BOSS Season –3’    "A Warning dated 18.12.2009 issued to the channel."
25    Colors    29.10.2009    Telecast of the tele-serial ‘Na Aana Iss Desh Lado’     No violation established.
26    Star Annando    05.01.2010    Surrogate advertisement of liquor product through telecst of the advertisement of ‘Blenders Pride Music CD’s’      A Warning dated 06.04.2010 issued to the channel.
27    NDTV Good Times    05.01.2010    Surrogate advertisement of liquor product through telecst of the advertisement of ‘Blenders Pride Music CD’s’      A Warning dated 06.04.2010 issued to the channel.
28    IBN7     13.01.2010    Telecast of a programame showing Mr. Munir Khan advertising and advocating his treatment of serios deseases without any scientific proof.    A Warning dated 16.04.2010 issued to the channel
29    Colors    22.01.2010    Telecast of tele-serial ‘Bairi Piya’     A Warning dated 18.08.2010 was issued to the channel.
30    Bindass    02.02.2010    Telecast of reality show 'Emotional Attyachar - Season - I'    The channel was asked to shift the timing of the reality show to 11.00 P.M. The channel shifted the programme to 11.00 P.M.
31    NDTV Imagine    03.02.2010    Telecast of Reality show 'Raaz Pichhle Janam Ka'    No violation of Programme Code was established.
32    MTV    03.02.2010    Telecast of reality show 'Splitsvilla-3'    "A Warning dated 26.04.2010 issued to the channel with the direction to run apology scroll for three days.
The channel complied with the direction."
33    TV 5    25.02.2010    Telecast of a programme titled 'Chintamani' and 'Big Screen' showing obscene visuals    A Warning dated 18.08.2010 was issued to the channel with the direction to run apology scroll. The channel complied with the direction. 
34    Star Annando    02.04.2010    Displaying the personal mobile number of Union Rail Minister on the channel    An Advisory dated 30.09.2010 issued to the channel
35    SET Max    05.04.2010    Telecast of advertisement of products of 'Haywards-5000 Soda' and 'Kingfisher Packaged Drinking Water' in surrogate manner    A Directive dated 17.06.2010 issued to All TV channels, NBA and IBF for compliance of the Rule prohibiting the telecast of surrogate advertisements
36    Star Gold    05.04.2010    Telecast of advertisement of  a product of 'Mcdowell's Soda' in surrogate manner    A Directive dated 17.06.2010 issued to All TV channels, NBA and IBF for compliance of the Rule prohibiting the telecast of surrogate advertisements
37    NDTV India    26.04.2010    Telecast of nude images of Tennis Player 'Serena William'    A Warning dated 16.11.2010 issued to the channel.
38    "FOX History
Channel"    26.04.2010    Telecast programme 'Madventures'  which shown visuals of a man lying naked with 'Sushi' spread on him.    A Warning dated 23.08.2010 issued to the channel.
39    Jai Hind TV    26.04.2010    Telecast programme 'Life Sketches'  which denigrate women through depiction in an obscene manner.    A Warning dated 23.08.2010 issued to the channel.
40    SS Music    13.05.2010    Telecast of programme titled 'Sizzling Hits' which appeared to be obscene and vulgar    An Order dated 16.11.2010 issued to the channel prohibition the channel from its transmission/re-transmission for 7 days. The channel moved to Hon'ble High Court of Madras against this order. The Hon'ble High Court set aside the above order. This Ministry has filed an appeal in the Hon'ble Court which is pending.
41    Colors    02.6.2010    Telecast of an episode of the serial 'Balika Vadhu' which denigrates children     No violation established
42    Zee Telugu    14.06.2010    Telecast of vulgar, indecent and obscene reality show titled 'Aata'    An Advisory dated 16.11.2010 issued to the channel.
43    Star Plus    30.06.2010    Telecast of the tele-serial ‘Pratigya' containing remarks against a particular community    No violation established. However, an Advisory dated 16.11.2010 issued to the channel.
44    Hungama     06.07.2010    Telecast of the animiated tele-serial 'Shin Chan' containing obscene and indence content    No violation established
45    Star Plus    26.08.2010    Telecast of tele-serial 'Tere Liye' containing remarks against a particular community    A Warning dated 28.02.2011 was issued to the channel.
46    TV 5    11.10.2010    Telecast of factually incorrect news item regarding the death of Dr. Y.S. Rajashekhar Reddy, Former CM of Andhra Pradesh    A letter sent to NBA on 16.03.2011 to take appropriate action at their end.
47    Colors     09.12.2010    Telecast of reality show "Bigg Boss -4" not suitable for unrestricted public exhibition    An Order dated 23.12.2010 issued to the channel directing to shift the programme anytime after 11.00 p.m. and to run apology scroll. The channel obtained a stay on this order from Hon'ble Bombay High Court.
48    Colors    29.12.2010    Telecast of a tele-serial 'Rishto Se Badi Pratha' - denigrating women and not suitable for unrestricted public exhibition.    A Warning dated 12.08.2011 issued to the channel
49    Imagine TV    30.12.2010    Telecast of tele-serial 'Armaanon Ka Balidaan - Arakshan'      An Advisory dated 23.02.2011 was issued to the channel.
50    News Live     12.01.2011    Telecast of a news item defaming an individual.    Reply awaited.
51    Ten Cricket    25.01.2011    The Channel violate the Rule 7(10) of Advertising Code while showing live telecast of cricket match between South Africa and India    The channel assured IMC that they would not telecast advertisements within the screen and programming area.
52    Bindass    22.02.2011    Telecast of the programme 'Emotional Atyachar - Season 2' contaning obscene visuals and indecent and vulgar language.    An Order dated 26.07.2011 issued to the channel directing them to run apology scroll for 7 days.
53    ESPN    16.03.2011    Telecat of advertisements interfering with the programmes.    Recommendation of IMC under consideration
54    Star Cricket    16.03.2011    Telecat of advertisements interfering with the programmes.    Recommendation of IMC under consideration
55    India TV    19.04.2011    Telecast of programme "TV PER SAKSHAT LAXMI" showing superstitition.    An Advisory dated 23.9.2011 issed to the channel
56    Bindass    19.04.2011    Telecast of programme "Dadagiri-Revenge of the Sexes" showing indecent content.    A Warning dated 03.08.2011 issued to the channel.
57    TLC    19.04.2011    Telecast of different programmes such as 'Get Out', "Bridget's Sexiest Beaches" etc. showing obscene content.    An Advisory dated 9.8.2011 issued to the channel
58    Sony TV    20.04.2011    Telecast of reality show 'Comedy Circus Mahasangram' showing indecent and child denigrating content.    An Advisory dated 25.07.2011 issued to the channel
59    Bindass    05.05.2011    Telecast of indecent Reality Show titled 'Love Lock UP'    A Warning dated 28.07.2011 issued to the channel
60    Channel [V]    05.05.2011    Telecast of reality show 'Full Toss Vella Boys' showing obscene and indecent content.    A Warning dated 25.07.2011 issued to the channel
61    PEOPLE TV    19.05.2011    Telecast programme 'Aazhcha Kazhcha' showing obscene content    A Warning dated 19.08.2011 issued to the channel
62    Bindass    27.05.2011    Telecast  progarmme 'Meri Toh Lag Gayi   Naukari' appears vulgar, obscene and indecent.     A Warining dated 20.9.2011 issued to the channel
63    News 9    01.06.2011    Telecast  progarmme 'Sheyla's Size Problemsi' appears vulgar, obscene and indecent. The visuals appear to degrade and denigrate women.     A Warining dated 23.9.2011 issued to the channel
64    Sony Pix    11.07.2011    Telecast of some english feature films, certain content of which appeared to offend good taste and decency.    Under Consideration
65    FX channel    18.07.2011    Telecast of programme 'Harper's Island', 'Crash', 'Mad Men Sutra', 'Frasier', 'Saving Grace' and 'Scoundrels' showing obscene visulas    Under Consideration
66    NDTV Good Times    26.07.2011    Telecast of programme 'Life's a Beach' showing obscene and indecent visuals    Under Consideration
67    Star World    27.07.2011    Telecast of programmes 'Dexter', 'the Bold and the Beautiful', 'Las Vegas', 'Two and a half man' and 'How I met Your Mother' showing obscene visuals    Under Consideration
68    Fox Crime    28.07.2011    Telecast of programme 'Sleeper Cell' and '1000 ways to die' showing obscene visuals.    Under Consideration
69    Channel [V]    12.09.2011    Telecast of programme 'Love Net 2' containing indecent, vulgar and obscene content    Under Consideration
70    Zee Trendz    12.09.2011    Telecast of programme 'Bikini Destination' containing obscene, indecent and vulgar visuals    Reply awaited.
71    Star Cricket    13.09.2011    Telecast of advertisements violation Rule 7 (10) of the Cable Rules, 1994    Under Consideration
72    MTV    14.09.2011    Telecast of programme 'Rodies 8 - Shortcut to Hell' containing obscene, vulgar, indecent portrayal.    Under Consideration
73    Sony    29.09.2011    Telecast of promotional trailer of the film "The Dirty Picture", certified 'A' by CBFC.    Reply awaited.
74    Times Now    29.09.2011    Telecast of promotional trailer of the film "The Dirty Picture", certified 'A' by CBFC.    Reply awaited.