Category: I&B Ministry

MIB seeks details to simply forex payments for broadcasters, teleport ops

MUMBAI: In what it says is aimed at further easing norms for doing broadcast business, the government has asked for particulars from TV channels and teleport operators using services of foreign satellites for uplinking and temporary uplinking so payment of foreign exchange processes could be simplified.

Broadcasters need to provide the name of the company, name of the service provider, name of the country of the service provider, purpose for bandwidth utilization, service order number and validity of agreement, Ministry of Information and Broadcasting said in a recent advisory.

In 2014, the Ministry of Information and Broadcasting (MIB) advised all broadcast companies and teleport operators to strictly follow the guidelines under the provisions of the FEMA Act 1999 and a notice by the RBI requiring prior approval of the MIB for making remittance of foreign exchange towards availing transponder services on foreign satellite for up-linking of TV channels/teleport services/DSNG operations/temporary events.

The TRAI has also urged (http://www.indiantelevision.com/regulators/trai/trai-releases-recommendations-on-easing-broadcast-business-180226) the government to simplify the norms regarding licensing and clearance processes for broadcast companies. It even suggested that satellite spectrum allocation must be done through the year for the convenience of broadcasters.

It asked for streamlining of process for granting permission, giving security clearances within 60 days and setting up an integrated portal for everyone’s convenience.

Late last year, the ministry had asked TRAI (http://www.indiantelevision.com/regulators/trai/trai-paper-seeks-to-streamline-uplinking-downlinking-norms-171219 )to come up with a new set of rules for uplinking and downlinking norms since the previous one was six years old and technological advances have changed the broadcast sector. One of the key questions was whether there was a need to redefine the meaning of news and current affairs and non-news channels.

August 7, 2018
DoT seeks views on blocking mobile apps like FB, WhatsApp

NEW DELHI: India’s telecom department has sought views of the stakeholders on technical measures that can be adopted for blocking mobile apps like Instagram, Facebook, WhatsApp and Telegram. The proposal has been questioned and criticised by a large section of the industry and civil society, including chamber of commerce Assocham.

The Department of Telecom (DoT) on 18 July, 2018 had written to all telecom operators, the Internet Service Providers Association of India (ISPAI), industry body Cellular Operators Association of India (COAI) and others and asked for their inputs to block applications under Section 69A of the Information technology Act. Stated aim: to uphold national security and public order.

“DoT in the letter had said that the Ministry of Electronics and IT and law enforcement agencies have raised issue around blocking of certain mobile apps like Instagram, Facebook, WhatsApp, Telecom, etc. to meet requirement under Section 69A of IT Act,” PTI quoted an unnamed government source aware of the development.

However, a source at DoT, on condition of anonymity, told the wire news service there was no such move to block any app and the telecom department had only started a consultation process based on a reference from the Ministry of Electronics and Information technology (Meity).

Though PTI filed a news report on the development yesterday in the second half, the story was actually broken by online news portal medianama.com, which said it had reviewed the letter.

The Section 69A of IT Act talks about power to issue directions for blocking for public access to any information through any computer resource. The law authorises the federal government or any officer authorised by it to issue direction to block the information on Internet in the interest of sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to them.

“Meity (Ministry of Electronics and IT) has informed DoT that blocking such apps during emergency situations are difficult as they work through multiple IP addresses and on different protocols, and, hence, there is a need for a reasonable good solution to protect national security. Being the licensing authority, DoT has initiated the discussion based on a letter received from the Group Coordinator, Cyber Law Division (Meity) during the second week of July,” a DoT official told PTI.

In response to DoT consultation, industry body Assocham said that a proposed measure to evolve mechanisms to block applications as a whole at the telecom operator level is excessive, unnecessary, and would greatly harm India’s reputation as growing hub of innovation in technology as the country needed a “clear and predictable legal framework grounded on fairness, proportionality and the rule of law”.

Assocham said that with the development in technology, there have emerged tools such as virtual private network, which enables users to access content that may have been blocked at telecom service provider (TSP) or internet service provider (ISP) level.

“In this scenario, blocking of applications at the TSP/ISP level may not be an efficacious solution as users can get around the same with increasing ease. Therefore, the focus on developing mechanism to block content may be unwarranted,” Assocham said in a letter to the top-most government official at DoT, which was also sent to other senior civil servants.

Assocham has buttressed its arguments against blocking of mobile apps by stating that online apps contribute substantially to India’s digital economy. Overall the Internet eco-system is expected to contribute up to $ 537.4 billion to overall India’s GDP of which a minimum of $ 270.9 billion could be attributed to apps, Assocham has pointed out quoting market research

Recently, there have been widespread incidents of mob lynching in the country based on rumours spread through social media apps. The popular messaging app WhatsApp has been in the eye of storm over abuse of its platform for circulation of fake news that resulted in incitement of mob fury.

An IT ministry official, who did not wish to be named, said WhatsApp has not committed itself on “traceability” and attribution of messages, which had been one of the key demands of the government. Hence, the ministry’s concerns have not been addressed and the potential for misuse still remains, the source was quoted by PTI.
Last month, the government had expressed dissatisfaction over measures previously listed by WhatsApp for checking fake news that have, in several cases, triggered mob violence. WhatsApp told the government it was building a local team, including India head, as part of steps to check fake news circulation.

Over the last one year, the Indian government has been exploring various avenues to regulate online media content, some of them botched at the initial stage, while some like the setting up of a social media hub to monitor Indians’ digital footprints was scrapped by Ministry of Information and Broadcasting after Supreme Court questioned the proposal stating whether it could lead to a surveillance state. However, a government body still exists that has the mandate to look into online media norms.

August 7, 2018
MIB cancelled 14 channels’ permissions on MHA advice

MUMBAI: The Ministry of Information and Broadcasting (MIB) is getting strict on giving channel licences, even cancelling some. 14 channels, whose licence was cancelled by the MIB due to security denial by Ministry of Home Affairs (MHA), challenged the decision and have got a stay order from the High Court.

Out of these fourteen channels, twelve channels are news channels and two are non-news channels. Mahua Media Private Limited, Mavis Satcom Limited, STV Enterprises Limited, Alliance Broadcasting Private Limited are the concerned parties.

After cancelling permission to 236 channels, the number of private satellite TV channels having valid permission in India stands at 867 as on 30 June 2018. While 384 channels are news channels, the rest i.e. 483 are non-news channels.

According to earlier statistics, the total number of private satellite and pay TV channels stood at 875 as on 28 February, 2018. In the last one year, there has been a dearth of licences being handed out. The earlier part of 2018 saw the addition of just two channels namely Discovery Jeet HD and DSport HD.

Of the 867 permitted private satellite channels, TV channels permitted for uplink from India and also to downlink into India are 766 among which 364 are news channels and 402 are non-news channels. Five news and eleven non-news channel are permitted for uplink from India but not downlink into the country. 85 TV channels are uplinked from abroad which only have downlinking permission in India. This category includes 15 news and 70 non-news channel.

August 1, 2018
MIB: No deadline to TV channels on use of foreign satellites

NEW DELHI: In what may come as a relief to TV channels, the Indian government said on Monday it has “not set any deadline” on the domestic media companies for use of transponders on foreign satellites, though it has withdrawn permission to over 200 channels for various reasons.

Asked by a fellow parliamentarian whether some TV channels were using foreign transponders even after expiry of a government deadline, Minister of Information and Broadcasting Rajyavardhan Rathore told Rajya Sabha (Upper House), “The government has not set any deadline for use of foreign transponders by the TV channel owners.”

The clarification from the MIB minister gains importance as indirect indications from various ministries — like delays in various clearances — over the last several months had been nudging TV channels to start the process of migration to Indian satellites from foreign spacecrafts.

A senior executive of a big broadcasting company admitted last week in private that though giving Rathore a free hand at MIB was a good sign, but clearance processes in the ministry were still slow.

Meanwhile, according to Rathore, out of the 867 private satellite TV channels having valid permission for uplinking and/or downlinking in India as of 30 June 2018, permission of 236 TV channels were cancelled due to “various reasons, including request for cancellation by the channel owner(s)”.

July 31, 2018
Justice BN Srikrishna Committee submits data protection report

MUMBAI: The much-awaited report on the data protection law was submitted by the Justice BN Srikrishna committee to Union Minister of Electronics and Information Technology Ravi Shankar Prasad on Friday. The committee was constituted on 31 July last year.

Prasad said government will go through the draft before finalising the legislation and will take stakeholders’ comments along with taking cabinet approval. “It is a monumental law and we would be like to have widest parliamentary consultation… We want Indian data protection law to become a model globally, blending security, privacy, safety and innovation,” he said as per a report by Indian Express.

Justice Srikrishna mentioned three aspects of the report. While the citizen’s rights have to be protected and the responsibilities of the states have to be defined, data protection can’t be at the cost of trade and industry. He further added the draft bill has been prepared through an open process where the members of the committee consulted all stakeholders.

Excerpts from the bill:

Processing (collection, recording, analysis, disclosure, etc) of personal data should be done only for “clear, specific and lawful” purposes and only necessary data for such processing can be collected. Personal data collected, used, shared, disclosed or otherwise processed by companies incorporated under Indian law will be covered, irrespective of where it is actually processed in India.

The law will have jurisdiction over the processing of personal data if such data has been used, shared, disclosed, collected or otherwise processed in India. However, in respect of processing by fiduciaries that are not present in India, the law shall apply to those carrying on business in India or other activities such as profiling which could cause privacy harms to data principals in India.

Data related to these categories have been termed as sensitive personal data-passwords, financial data, health data , official identifiers which would include government issued identity cards; sex life and sexual orientation; biometric and genetic data, transgender status or intersex status, caste or tribe and religious or political beliefs or affiliations.

Violation of data protection law many cause penalty. The amount would be up to the fixed upper limit or a percentage of the total worldwide turnover of the preceding financial year, whichever is higher.

The data principal shall have the right to restrict or prevent continuing disclosure of personal data by a data fiduciary related to the data principal where such disclosure— a) has served the purpose for which it was made or is no longer necessary; b) was made on the basis of consent under section 12 and such consent has since been withdrawn; or c) was made contrary to the provisions of this act or any other law made by parliament or any state legislature.

The central government shall establish for the purposes of this act, the Data Protection Authority of India which shall consist of a chairperson and six whole-time members. It shall be the duty of the authority to protect the interests of data principals, prevent any misuse of personal data, ensure compliance with the provisions of this act, and promote awareness of data protection.

July 28, 2018
MIB’s Rathore admits to online media norms panel’s new avatar

NEW DELHI: We had told you earlier, but now it’s official coming straight from the horse’s mouth. Ministry of Information and Broadcasting, led by an Olympics medal winning Rajyavardhan Rathore, has passed the baton to another government set-up to finish exploring regulations for the online media and content.

“The Ministry of I&B had constituted a committee on 4 April 2018 for framing regulations for online media/news portals and online content, including digital broadcasting, which encompasses entertainment/infotainment and news/media aggregators,” MIB Minister Rathore said today in Parliament.

He added: “However, since government had constituted an inter-ministerial committee on ‘Investment in Critical National Infrastructure, Digital Broadcasting and related issues’, which in its first meeting held on 10 May 2018 observed that some of the Terms of References (ToRs) and issues of the two committees are common, a decision was taken to dovetail the ToR of the committee constituted by this Ministry with that of the committee on ‘Investment in Critical National Infrastructure, Digital Broadcasting and related issues’.”

The minister was replying to queries raised on proposed online media regulations by a fellow parliamentarian.

The MIB panel, when constituted under the stewardship of Minister Smriti Irani, had drawn flak on many counts. One of many criticisms was that it was beyond MIB’s remit to deal with things that are internet-based as they fall within the purview of Ministry of Electronics and IT (Meity). Another drawback to the formation of this panel was that it had representatives from various government organisations, but no representation from India’s thriving and blooming online media that the committee was supposed to look into.

The very fact that another government committee is supposed to look into matters relating to online media should continue keeping online players on their toes.

July 26, 2018
TRAI suggestions on uplink, downlink norms under consideration, says MIB

NEW DELHI: The Indian government has said broadcast and telecoms regulator TRAI’s recommendations on ease of doing business and uplink/downlink norms, some of them quite radical, are under consideration.

“Government solicited recommendation of Telecom Regulatory Authority of India (TRAI)… they are under consideration,” Minister of Information and Broadcasting Rajyavardhan Rathore told Parliament last week without giving any time frame or clarifying whether the regulator’s suggestions on both the issues would be accepted in totality or they would be tweaked as and when legislated into regulations.

Pointing out that because the present policy guidelines for uplinking of television channels from India and those relating to landing rights came into effect in December 2011, it was felt that the government should have them re-examined by the regulator in view of the changing broadcasting environ in the country, Rathore explained.

However, TRAI in its recommendations on uplink and downlink norms, shot down an idea proposed by MIB that had suggested whether TV channels’ frequencies too could be auctioned on the lines of FM radio stations.

TRAI also stuck with most of the existing guidelines and norms for uplink and downlink permissions for TV channel and teleports. However, it suggested enhancing of annual permission fees from the present levels, amongst some other changes. The recommendations on uplink and downlink of TV channels and teleports had been awaited eagerly by the industry, already reeling under pressures from various sides, including economic.

The regulator also said that mandating encryption of broadcast of FTA TV channels was not a good idea, while suggesting that various processes for government clearances should be streamlined and completed within a stipulated time-frame.

The broadcast industry and independent observers feel that it would help the industry if Minister Rathore’s team at MIB take a quick decision on the suggestions made by TRAI on both the issues instead of keeping the matter pending.

However, as TRAI’s role is recommendatory, it is not mandatory for government organisations, including MIB, Department of Telecoms (DoT) and Department of Space, to accept the suggestions in any form.

There have been instances when the regulator’s suggestions have been shot down or tweaked by the government. A recent example being TRAI’s push for its role to be upgraded to that of a converged regulator for broadcast, online and telecoms sectors, which was shot down by the DoT while formulating the final version of the National Digital Communications Policy 2018.

July 23, 2018
Online media regulations: action shifts to IT Ministry from MIB

MUMBAI: If online media is readying the champagne to pop, then hold on to your exuberance. The government hasn’t given up its resolve to explore regulations for online media and content. It is only attempting to be on the right side of laid down rules and cut down on duplication of work.

In short, the main action will be shifting from the Ministry of Information and Broadcasting (MIB) to the Ministry of Electronics and Information and Technology (Meity), while other things remain constant, which means the mandate will continue to be the same.

A government official admitted, without saying so in so many words, that as a Meity committee, set up earlier, has the mandate to explore regulations for online media to facilitate its expansion, MIB will work along with its counterparts bringing in more synergy.

The official insisted that the MIB committee, set up to explore regulations for online media in April 2018, is officially not being dissolved, but will work along with the Meity panel that comprises similar members.

The 10-member panel, constituted by the MIB headed by Smriti Irani, was criticized by experts on the ground that it was outside the jurisdiction of MIB to explore regulations for online media, including OTT services, as the matter fell within the ambit of Meity — something that MIB Minister Rajyavardhan Rathore had reiterated in Parliament too. A big criticism was that a panel formed to look into matters relating to online media didn’t have a single online player as a member.

When the MIB panel was announced it had as its members the following: MIB Secretary– Convener; Secretary, MeitY; Secretary, Ministry of Home Affairs; Secretary, Department of Legal Affairs; Secretary, DIPP; CEO of MyGov and representatives of Press Council of India, News Broadcasters Association, Indian Broadcasting Foundation, apart from representation from any other government organization or industry body deemed fit by the convener.

The terms of reference of the committee were:

i. To delineate the sphere of online information dissemination which needs to be brought under regulation, on the lines applicable to print and electronic media.

ii. To recommend appropriate policy formulation for online media / news portals and online content platforms including digital broadcasting which encompasses entertainment / infotainment and news/media aggregators keeping in mind the extant FDI norms, Programme & Advertising Code for TV Channels, norms circulated by PCI, code of ethics framed by NBA and norms prescribed by IBF, and

iii. To analyze the international scenario on such existing regulatory mechanisms with a view to incorporate the best practices.

As criticisms mounted, the government has done what it is best at doing — located another government panel with similar or near-similar mandate in the relevant Ministry (Meity) and shifted the onus of exploration of regulations for online media to the rightful department, thereby blunting critics.

Indiantelevision.com has always been of the opinion that rolling back of orders relating to fake news even if the Prime Minister’s Office intervened, and other such backtracking was akin to testing the waters for a bigger move to have norms for online media where content is continuously getting more edgy and experimental.

Meity Minister Ravi Shankar Prasad, who also happens to be the Law Minister, yesterday said that it was time to talk to online stakeholders to explore formulation of policies that would govern the online media, especially social media and free messaging platforms like WhatsApp that are being blamed for incidents of lynching in the country.

July 23, 2018
MIB Minister tries to allay fears on online surveillance & privacy violations

NEW DELHI: The Indian government has denied that its proposed Social Media Communications Hub, under the jurisdiction of Ministry of Information and Broadcasting (MIB), will violate a citizen’s privacy through monitoring of social media footprints as the plan was more directed towards propagating the government’s policy initiatives.

The government has also clarified that there was no proposal under consideration to get installed tracking chips in set-top- boxes through which various TV and broadband services are delivered to a large number of the 190 million-plus TV households in India.

“The government proposes to set up a Social Media Hub to facilitate information flow regarding its policies and programmes through social media platforms, that is Facebook, Twitter, Instagram, YouTube, etc.,” MIB Minister Rajyavardhan Rathore told the Indian Parliament’s Lower House yesterday while answering queries raised by fellow parliamentarians whether such a monitoring facility is aimed at collecting and analysing data across all major social media platforms that would ultimately be a surveillance tool for the government.

The Minister also clarified that there was no proposal to “invade an

individual’s right to privacy, and the right to freedom of speech” through the proposed social media hub.

In the past two years, MIB has been a facilitator in providing publicity to the flagship schemes of the government on major social media platforms and had organized various online promotional activities in this regard, Rathore explained.

What Rathore didn’t clarify or add — as he was not asked specifically so — as to why a tender for setting up of the Social Media Communications Hub was floated in the first place and why the document’s objectives were so detailed that it alarmed civil society on its citizen surveillance aspects. The full details of the tender document can be still found online.

Incidentally, the deadline for a tender floated to locate vendor(s) to set up the proposed social media hub — termed by critics as a surveillance tool to monitor Indian citizens’ activities and thoughts in real time — has been extended several times since April 2018 with the new deadline now being 20 August 2018 before which the Supreme Court is scheduled to hear a case against its setting first week of August.

The apex court’s initial observations sounded critical as it said if such a monitoring hub came up it could turn India into a “surveillance state”.

Broadcast Engineering Consultants India Limited (BECIL), an organization under the umbrella of MIB, had floated a tender to supply a software for the project. When the idea was first mooted Smriti Irani was the MIB Minister.

“A technology platform is needed to collect digital media chatter from all core social media platforms as well as digital platforms such as news, blogs… In a single system providing real-time insights, metrics and other valuable data,” the tender document stated.

Under the project, media persons would be employed on contractual basis in each district to be the “eyes and ears” of the government and provide real-time updates from the ground — one of the reason for extending the deadline was this condition, missing in the original tender document, got added later.

According to critics of the project, undertaken under a seemingly harmless name of Social Media Communications Hub, however, it aimed to monitor in real times not only the social media and online activities of Indian citizens, but also seeks to deploy technology to predict behavior and possible future actions of people. This, at a time when India doesn’t have strong data protection laws.

Amongst the many listed objectives of the media hub is this: “What would be the headlines and breaking news of various channels and newspapers across the globe— could be done with knowledge about their leanings, business deals, investors, their country policies, sentiment of their population, past trends etc. NYT, Economist, Time etc. are good examples, what would be the global public perception due to such headlines and breaking news, how could the public perception be moulded in positive manner for the country, how could nationalistic feelings be inculcated in the masses, how can the perception management of India be improved at the world for a how could the media blitzkrieg of India’s adversaries be predicted and replied/neutralized, how could the social media and internet news/discussions be given a positive slant for India.”

One of the many critics of this project is the Internet Freedom Foundation (IFF), which has also sent a notice to the MIB to stop the project, failing which the organization would take legal action. Its concerns? “Social Media Communication Hub will also have the ability to broadcast content without any legal authority or guidance through 20 central and 716 district level social media executives. In sum, this is a system of control through surveillance and a capacity to spread propaganda,” the Foundation had said in an online campaign last month.

July 20, 2018
Fake news on social media: Law & IT Minister favours evolving a policy

NEW DELHI: The Indian government seems to be speaking in two voices over the menace of fake news. While law and IT Minister Ravi Shankar Prasad today said he would hold talks with stakeholders to evolve a policy, his junior SS Ahluwalia on Wednesday had told Parliament that the government doesn't propose to bring in regulations for social media.

Law and IT Minister Ravi Shankar Prasad informed the Rajya Sabha (Upper House) yesterday that he will hold discussion with stakeholders, including political parties, to evolve a policy to deal with the misuse of social media, according to a PTI report, which also quoted a government statement saying it has been conveyed to WhatsApp in "unmistakable terms" that it was a very serious issue that "deserves a more sensitive response".

The government yesterday also shot off another notice to WhatsApp asking it to come out with effective solutions to curb the menace of fake news beyond just labelling forwards. It also warned the company that mediums used for propagation of rumours are liable to be treated as 'abettors' and can face legal consequences if they remain "mute spectators", the PTI report said.

Facebook-owned WhatsApp has been under fire from the Indian government over fake news and false information being circulated on its messaging platform. The government had in the past too issued a stern warning to the company to clamp down on hoax messages designed to "provoke" and "instigate" people.

"When rumours and fake news get propagated by mischief mongers, the medium used for such propagation cannot evade responsibility and accountability. If they remain mute spectators they are liable to be treated as abettors and thereafter face consequent legal action," a PTI report quoted an IT Ministry statement as saying. The ministry said it has approached WhatsApp to bring more effective solutions to the table, to ensure greater "accountability and facilitate enforcement of law" beyond the existing efforts towards labelling forwards and identifying fake news.

The Supreme Court, earlier this week, asked Parliament to consider enacting a new law to effectively deal with incidents of mob lynching, saying "horrendous acts of mobocracy" cannot be allowed to become a new norm.

“Government doesn't regulate content on social media sites": IT Ministry's SS Ahluwalia,

On Wednesday, the Indian government admitted it doesn’t plan to regulate content on social media, as of now, despite the menace of fake news affecting the societal fabric. However, the government is quiet on the future of a committee set up under the Ministry of Information and Broadcasting (MIB) that has the mandate to explore regulation for online content, including those on OTT platforms.

“Government does not regulate content appearing on social media sites, and law enforcement and security agencies may take action on specific case to case basis as per law in force,” junior Minister for Electronics & Information Technology (MEITY) SS Ahluwalia informed Parliament on Wednesday, emphasizing that the government was fully “committed to freedom of speech and expression” and “privacy” of its citizens as enshrined in the Indian Constitution.

Ahluwalia was asked about the steps being taken by the federal government to address the problem of fake news and whether there were any plans to monitor and regulate social media content.

According to the Minister, the Information Technology (IT) Act, 2000 has provisions for removal of objectionable online content that was “harmful, defamatory, hateful, libelous, objectionable” and affected minors, apart from the national security.

However, as the Minister was not asked, he did not dwell on the future of a committee —comprising representatives of various government organisations and few industry bodies too — set up under the MIB to explore online content regulations. The setting up of the panel was criticized as it was outside the remit of the MIB as the issue concerned came under the jurisdiction of MEITY.

The said committee, helmed by MIB Secretary, is reported to have met a few times since its formation, but the details of those meetings are not public yet. Nor is the fact whether it would be disbanded or taken out MIB’s jurisdiction in favour of MEITY.

MIB Stresses on Self-Regulation To Fight Fake News Menace On TV

On Thursday, MIB Minister Rajyavardhan Rathore stressed on existing safeguards in laws and self-regulation to say that there was also no proposal to indulge in pre-censorship of TV channels to stop them from allegedly spreading fake news.

“The [Cable Television Networks Regulation] Act [1995] does not provide for pre-censorship of any programmes and advertisements telecast on TV channels. However, it prescribes that all programmes and advertisements telecast on such TV channels should be in conformity with the prescribed Programme Code and Advertising Code enshrined in the aforesaid Act and the rules framed thereunder,” Rathore informed fellow parliamentarians who were concerned about some TV channels spreading fake news.

Earlier, MIB, under minister Smriti Irani, had attempted to bring in regulations to control fake news, which had to be aborted as the Prime Minister's Office intervened in the aftermath of nation-wide criticism. Still, some critics feel that the botched attempt to bring in rules to rein in media critical of the government was testing of waters for future norms.

July 20, 2018