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Issues of broadcast regulation

The Union Government is finally moving forward with the long-talked-about proposal for the creation of a regulatory authority for television content and the formulation of a content code. A Bill is set to be tabled in Parliament. While terrestrial television, still a virtual state monopoly, is governed by the Prasar Bharati Act, the signals from the sky remain largely unregulated. Of course, the cable channels, which constitute the predominant platform for the medium, are governed by the Cable Television Networks (Regulation) Act, 1995. Among other things, the Act bans the redistribution of certain types of content. There has been a proliferation of channels in the past decade, their number now standing at a hundred-plus. Here, the levers of control are the Cable Television Act, and the regulations relating to uplinking. There is a felt need to redefine and codify existing guidelines under the informal programme and advertising code and to create a mechanism to guard against unacceptable content. It has been pointed out that the industry is capable of self-regulation, and the laws of the land relating to freedom of expression including the laws of defamation and obscenity would in any case apply. In a situation where players whose approach, style and intent vary, broad guidelines may still be useful. The existing practice is for the Information and Broadcasting Ministry to intervene when warranted, while the Telecom Regulatory Authority of India remains the regulator for carriage, resulting in a great deal of ad hocism.

The print media are, admittedly, a different kettle of fish, given their very nature and historical record. They have been treated differently by the law as well. The broadcast media have a distinct profile and are subject to a greater degree of regulation in almost all countries, largely because they are licensed to use the radio frequency spectrum that is public property. Nevertheless, it needs to be ensured that any regulatory mechanism does not impinge on the creative potential of the dynamic medium. Regulation certainly should not amount to censorship of any kind or prior restraint on broadcasting. In particular, any curb on news coverage, either in television or radio, cannot be justified. There are lessons to be drawn from the experience of other countries, including the U.K. and the U.S., which moved early in the field and have mechanisms in place to monitor public TV output systematically and move promptly against violations. The issue needs to be debated widely, with all the stakeholders participating in the process.

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