Introduction:
The media, as the fourth pillar of democracy, remains a universal platform disseminating information to the general public, and the most reliable manner of broadcasting news through the multiple channels on television.
Needless to say, such varied broadcasting necessitates stringent regulatory measures and laws to ensure its smooth and proper functioning. It is apparent that there were no specific broadcasting laws in place before the mid-1990s. The Indian Telegraph Act of 1885, which followed a government monopoly approach, created the legislative framework for broadcasting legislation. Since then, there have been various amendments to existing laws and enactment of new rules and regulations.
Independent India required a comprehensive national regulatory framework for the stimulation and effective functioning of the broadcasting sector in order to satisfy and accommodate the interests of society. The Supreme Court subsequently ordered the government to create a sovereign autonomous authority free of government restrictions and intervention, as well as to ensure that the legislation established is in accordance with the Indian Constitution’s provision of freedom of speech and expression.
The Ministry of Information & Broadcasting (I&B) is in charge of matters relating to the creation of content that is broadcast on private satellite TV channels, distributed through cable television networks via the Programme and Advertisement Codes established under the Cable Television Networks (Regulation) Act, 1995, and the Cable Television Networks Rules, 1994. The GOPA (Grant of Permission Agreement) and AIR Broadcast Code, which are stipulated under the Stations as per the GOPA standards and AIR Broadcast Code, govern private FM radio channels and other community radio stations. [1]
Broadcasting in India:
The recent decade has seen significant breakthroughs in the fields of broadcasting, communication, and information technology, all of which have had a significant impact on the broadcasting and information sectors. The rapid advancement of technology has aided the broadcasting industry in reaching new heights.
Broadcasting (Doordarshan and All India Radio, all of which are under the jurisdiction of public service broadcaster Prasar Bharti Corporation), information, and films are the three main categories of the broadcasting sector, each of which is complementary to the others.[2] Through mediums such as films, ads, radio, publication television, each sector of broadcasting includes units dedicated to serving the information, education, and entertainment needs of the general population.
India’s broadcasting services include cable TV, direct to home (DTH), terrestrial television, internet protocol television, FM radio, All India Radio, and community radio.
Initially, Doordarshan was the centre of attention, and it quickly established itself as one of the world’s most powerful terrestrial networks. Over 89 per cent of the population was covered by its three-tier service, which included national, regional, and local levels.
The All-India Radio, which broadcasts news, music, lectures, and other programmes in 24 languages and 146 dialects, grew in popularity and became one of the major organisations in the country, with 208 broadcasting centres serving 99 percent of the population.[3]
Doordarshan had a monopoly in the broadcasting business for a long time before the advent of private channels ended the monopoly. These channels broadcasted a variety of programmes, including films, daily soaps, educational serials, and news, which met the demands of practically every segment of society, causing Doordarshan’s popularity to plummet.
Over 300 channels pervading millions of households, 50,000 newspapers and magazines with a readership of 250 million, around 300 radio stations, and over a thousand feature films produced annually in at least 18 languages, as well as a variety of electronic, print, digital, and telecommunications media, constitute India’s mass media. Doordarshan, a national television broadcaster with 22 stations, and All-India Radio is currently under the supervision of Prasar Bharati. In 2019, over 197 million Indian households had access to television, according to a poll conducted by the Broadcast Audience Research Council.[4] The current Broadcasting and Cable TV market has performed admirably, with a market value of USD 11.61 billion and a forecast of USD 19.06 billion by 2026.[5]
Broadcasting regulations in India:
The Ministry of Information and Broadcasting, the Telecommunications Regulatory Authority of India, and other self-regulatory bodies such as the Broadcasting Content Complaints Council and the News Broadcasting Standards Authority work together to synchronise India’s broadcasting system.
The framework that monitors and governs India’s media and entertainment business is established by the Cable Networks Act of 1995 and the Prasar Bharti Act of 1990. These are overseen by the Ministry of Information and Broadcasting and Prasar Bharti. The Cable Television Network Act of 1995 governs broadcaster and distributor registration, and the state government has established many monitoring agencies to ensure that the Cable Networks Act’s conditions are followed. After 2004, the Telecom Regularity Authority of India took control of the broadcasting sector, and the Cable Networks Amendment Act of 2011 gave it more power.[6]
The Telecom Regulatory Authority of India also makes recommendations on the telecommunications and broadcasting sectors on occasion, either at the request of the government or suo moto. The Telecommunication Authority’s suggestions are further refined by the BP&L division, and if necessary, TRAI arranges meetings with the Inter-Ministerial Committee to further review the recommendations.
The government established the Electronic Media and Monitoring Centre to supervise, monitor, and record the content that is broadcast on television channels in accordance with government norms and regulations.[7]
The Cable Television Networks Regulation Act of 1995 and the Prasar Bharati (Broadcasting Corporation of India) Act of 1990 are the two main laws that govern the broadcasting industry.
The Cable Television Networks Regulation Act, 1995:
The main purpose of the Act was to create specific laws for the cable industry, which exploded in popularity during the 1990s. The fundamental rationale for establishing the Act was that cable television was creating cultural invasion because the vast majority of programmes broadcast were western in nature and unfamiliar to Indian culture. It was evident that a lack of clear and stringent legislation had resulted in uncensored broadcasting of offensive programmes and advertisements.[8]
Thus, the Act was enacted to improve the functioning of cable television networks in the country, with the goal of introducing uniformity to cable television operations and regulating the material that is broadcast while maximising the use of technology.
The Act empowers government authorities to monitor cable operators and take action against them if the officers have reasonable grounds to believe that the operator is operating without proper registration.
The Cable Television Networks (Regulation) Amendment Act, 2011:
The Telecom Regulatory Authority of India issued recommendations on the subject of “Implementation of Digital Addressable Cable Systems in India” on August 5, 2010, in which it was proposed that “digitalization with addressability be implemented on priority in cable TV services in Non-CAS areas” for which a switch from analogue to digital was required, on this basis the amendment Act, 2011 was passed.[9]
In accordance with the aforementioned recommendation, the Indian government implemented digitalization in cable television networks, making the transfer to a digital addressability system necessary by December 31, 2014. Certain amendments to the 1995 Act were made to ensure strict implementation of TRAI’s recommendations, which resulted in a mandatory digital addressability system. These amendments required cable operators to provide programmes of all channels, including free-to-air channels (FTA), in an encrypted form via the Digital Addressability System in a phased manner as specified by the notification.
The government is required to send any such concerned notification to cable operators six months before the implementation date so that they can plan and install the relevant needs. Certain safeguards were also made for the protection of consumer interests, such as giving the TRAI the right to affix a specific inexpensive bundle of free-to-air channels, dubbed the basic service tier, which must be delivered to consumers by all cable operators. It was also made necessary for all cable operators to deliver services to customers at a TRAI-determined fixed rate. The statute was also amended in areas where it was necessary to make changes owing to changing societal needs and other technological breakthroughs.
Prasar Bharati (Broadcasting Corporation of India) Act, 1990:
The Prasar Bharati Bill was introduced in 1979 in response to the recommendations of the B. G. Verghese Committee, which was constituted in 1977 following the declaration of emergency by the then Prime Minister Indira Gandhi. After the emergency phase, the bill lapsed owing to political differences. A revamped version of the Prasar Bharati Bill was reintroduced after the National Front Government’s election, and it was passed after getting Presidential assent on September 12, 1990.
The Act called for the formation of an autonomous Broadcasting Corporation to oversee the management of Doordarshan and AIR. The Information and Broadcasting Ministry’s functions were delegated to the Prasar Bharati Corporation, which was established under the Prasar Bharati Act.
The Act established the Prasar Bharati Board, an autonomous entity to be administered by a group of 15 members responsible for the operation of Doordarshan and AIR. The Chair and other members of the Board were appointed based on the selection committee’s recommendations, which was led by the Vice President. One of the Broadcasting Council’s fifteen members’ most significant roles was to respond to public concerns. The organization’s main responsibilities included conducting and organising public broadcasting services in order to inform, educate, and entertain the public, as well as ensuring the balanced development of radio and television broadcasting.[10]
Conclusion:
The Cable Television Networks (Regulation) Act, 1995, Amendment Act 2011, Telecom Regulatory Authority of India Act, 1997, and Prasar Bharati Act, 1990 are the major laws that govern broadcasting in India. Apart from these, the Sports Broadcasting Signal (mandatory Sharing with Prasar Bharti) Act, 2007, Policy Guidelines for uplinking from India as amended in 2011, Policy Guidelines for downlinking of Television Channels as amended in 2011, Guidelines for obtaining a DTH licence, and The Telegraph Act, 1885 are some other statutes and rules that govern the operation of various broadcasting sectors.
In order to strengthen law enforcement and regulation, more efficient public communication on media concerns is the need of the hour. It is apparent that the pattern of dealing with such problems, in general, has not been prioritised, and this concept in our country is still underdeveloped. How the media performs is a public concern that should be addressed, and these public recommendations should be taken into account by the legislative authority, and existing laws should be improvised in light of these suggestions, which will undoubtedly yield better results as well as optimal use of technology and broadcasting services.
[1] About Broadcasting, MINISTRY OF INFORMATION AND BROADCASTING (Sept. 8th, 2021, 8:30 AM), https://mib.gov.in/about-broadcasting.
[2] Information and Broadcasting, NITI.GOV. (Sept. 8th, 2021, 11;45 AM), https://niti.gov.in/planningcommission.gov.in/docs/plans/planrel/fiveyr/10th/volume2/v2_ch8_4.pdf.
[3] Supra 2
[4] What India watched 2019, BARC 2019 (Sept. 9th, 2021, 9:00 AM), https://bestmediainfo.in/mailer/nl/nl/What-India-Watched-2019.pdf.
[5] India Broadcasting and Cable TV Market by Type (Terrestrial Television, Cable TV and Satellite), By Revenue Generation (Subscriptions, Advertising and Public Funds), By Region, Forecast & Opportunities, FY2026, TECHSCI RESEARCH (Sept. 9th, 2021, 8:00 AM), https://www.techsciresearch.com/report/india-broadcasting-and-cable-tv-market/3281.html.
[6] V. Ramdas, History of TV broadcasting Regulation in India, ESYA CENTRE (Sept. 9th, 2021, 12:00 PM)
[7] I&B min has set up electronic media monitoring centre to check violation of programme, advertising codes, BUSINESS STANDARD (Sept. 9th, 2021, 3:30 PM), https://www.business-standard.com/article/pti-stories/i-b-min-has-set-up-electronic-media-monitoring-centre-to-check-violation-of-programme-advertising-codes-118071901424_1.html.
[8] CA Rajkumar S. Adukia, Media Laws of India, (Sept 9th, 2021, 4:30 PM), pg. no. 42
[9] The Cable Television Networks (Regulation) Amendment Bill, 2011, PRS LEGISLATIVE RESEARCH (Sept. 9th, 2021, 6:30 PM), https://prsindia.org/billtrack/the-cable-television-networks-regulation-amendment-bill-2011.
[10] K. Rajagopal, What is the Prasar Bharati Act all about?, THE HINDU (Sept. 9th, 2021, 9:30 PM), https://www.thehindu.com/news/national/what-is-the-prasar-bharati-act-all-about/article23034668.ece.
YLCC would like to thank Diksha Paliwal for her valuable inputs in this article.
