Category: Regulators

I&B minister Arun Jaitley asks media to strike a balance

NEW DELHI: Information and Broadcasting Minister Arun Jaitley today cautioned the media to strike a fine balance between freedom of speech and expression and the reasonable restrictions so as to maintain public order and integrity and sovereignty of India.

He said free speech is an aid to good governance in view of the changes taking place in the media landscape and the scope and content of issues related to Right to Freedom of Speech and Expression.

The overall scenario was also influenced by technological tools that brought about a change in the form, style and method of dissemination. These developments also impacted the definition of news, which today was increasingly being influenced by the camera and channel driven mode.

Jaitley made these remarks while delivering the Sardar Patel Memorial Lecture 2015 on: “Is it possible to impose reasonable restriction on Freedom of Speech & Expression given today’s media landscape,” which was organised by All India Radio on behalf of Prasar Bharati.

The Minister referred to the evolution of media and the right to freedom of speech and expression. Citing global examples, Jaitley brought out the finer aspects of the freedom of speech vis-?-vis privacy; need to protect the source of information in public interest and media restraint with regard to matters that were sub-judice. He said that these issues had generated discussions amongst academicians, media fraternity and other concerned stakeholders.

The Minister lauded the judiciary for its role in expanding the scope of Right to Freedom of Speech and Expression over the years. Various judicial pronouncements had underlined the spirit of the idea behind the Right to Freedom of Speech and Expression under the Constitution and correlated contemporary developments, issues and changes in the media space.

Judicial pronouncements subsequently in specific cases focused on issues pertaining to the idea of reasonableness related to restrictions under the Article 19 (2) of the Constitution in the interest of sovereignty, security and public order. Nonetheless due to the pluralistic character of the media space, it was important to exercise caution taking into account public order and sensibilities. He said that these restrictions could only be imposed by law and were specific rather than general so as to prevent misuse.

Regarding the media landscape, Jaitley said satellite television had brought about a sea change in the presentation of news. In the current scenario, the recipient of information had the right to information and knowledge which was also being considered part of the debate under Right to Freedom of Speech and Expression.

The dissemination process in the social media space had also impacted the information flow and contributed to the public debate and setting of agendas in the policy framework. Social media had led to the empowerment of citizens by giving them a voice. Decision makers were increasingly using social media to gauge public sentiments on government policies making public reactions, among other things, the new agenda setters for governance.

Jaitley touched upon the global practices being followed in the context of social media restrictions. He referred to the ‘right to be forgotten’ incorporated by the European Court of Human Rights, which empowered the state authority to remove the reference of the aggrieved person from internet citing citizen’s right to privacy. He also spoke about the jurisdictional principles with respect to reasonable restrictions on Freedom of Speech and Expression in the light of changes and issues that had been raised in this context.

These lectures started in 1955 and the first Memorial lecture was delivered by Sri C. Rajagopalachari. In this series, the speakers in the previous years included Dr. Zakir Hussain, Morarji Desai, and Dr. A.P.J. Abdul Kalam.

October 26, 2015
EC to confer awards to media for creating electoral awareness

NEW DELHI: National Media Awards will be presented to media houses for conducting campaigns to educate and make voters aware of the 2014 Lok Sabha elections.

Announcing this, the Election Commission of India asked for entries by 15 November and said the awards will be presented on 25 January, the National Voters Day.

Awards will be given separately to print and electronic media. The Commission has directed Chief Electoral Officers of all states to send nominations of two media houses, which worked to create awareness during elections.

The Commission has directed its award related circular to be uploaded to the Chief Electoral Officer’s website. Media houses may also send their nominations directly to the Election Commission, it said.

A jury constituted by the Election Commission will consider nominations, which should reach it along with the states CEOs’ recommendation by 30 October.

The Election Commission will also award civil society organisations for outstanding campaigning to create voter awareness. Civil societies extending maximum co-operation to the Chief Electoral Officer’s office may be nominated for this award.

Written recommendation of Chief Electoral Officer or District Election Officer should accompany every nomination, it said. Self-nomination would not be considered.

October 26, 2015
BCCC gets more complaints on harm than sex, obscenity & nudity on TV

NEW DELHI: The story goes that when some visually impaired persons touched different parts of an elephant, each had their own description on what an elephant looked like.

The situation is similar for the average television viewer, who is now forced to differentiate between the meaning of ‘rape,’ ‘molestation,’ and what the authorities term ‘harm.’

When watching television news, TV soaps or feature films on the small screen, one is left aghast and shocked at the number of cases of rape and molestation being reported or depicted. In fact, it is a well known fact that news television channels only report on less than 30 per cent of the rape or molestation cases actually taking place every day.

Various discussions are held on TV channels on why this is happening and why men are turning into barbaric rapists. Even daily soaps and movies telecast by general entertainment channels (GECs) have shown a marked increase in depiction of rape cases, molestation or undignified treatment of women.

In its annual report of 2014, the National Crime Records Bureau (NCRB) said the number of rapes in the country rose by nine per cent to 33,707 in 2014 – with New Delhi reporting 1,813 rapes, making it the city with the highest number of such cases. Mumbai and Bengaluru recorded 607 and 103 rapes respectively.

In 2012, a similar report had highlighted 47 per cent of complaints related to sex, obscenity and nudity.

But amidst all this, the Broadcasting Content Complaints Council (BCCC), the self- regulatory authority for entertainment TV channels, said it was now getting more complaints under Harm and Offence category than those related to sex, obscenity and nudity.

Data released by it showed that BCCC had addressed a total of 27,676 complaints, including 5,262 specific complaints since inception.

The BCCC, which was established by the Indian Broadcasting Foundation and is now headed by Justice (Retd) Mukul Mudgal, is considering setting up a mechanism through which complaints regarding content on TV could be lodged via Twitter.

“For the period 3 July, 2012 to 22 August, 2015, the highest percentage (39 per cent) of complaints were related to the theme Harm and Offence, followed by those related to religion and community (28 per cent) of the 4,545 specific complaints,” BCCC secretary general Ashish Sinha said.

This comes as a surprise, especially when compared with the First Status Report in January 2012 when 47 per cent of complaints were related to sex, obscenity and nudity. Now only eight per cent of complaints pertain to sex, obscenity and nudity, BCCC said.

The Harm and Offence theme complaints pertain to portrayal of persons with disabilities, child marriage, abuse or exploitation, stereotyping of women, mistreatment of animals and airing of content offensive to public feeling, BCCC officials said.

“A large number of these complaints were received from the Information and Broadcasting Ministry and most were against the content of English TV programmes,” BCCC said. Officials said that even Courts and the I&B ministry are directing issues or complaints to it.

BCCC claimed that the drop in number of complaints about obscenity appeared to be the result from its constant focus in this area adding that the bulk of penal action taken was related to this aspect.

However, the BCCC had no answer when asked if the lesser number of complaints related to obscenity reflected a greater level of maturity, only adding that no such study had been done.

Even as all this appears difficult to accept when one sees the soaps and films on GEC channels, Justice Mudgal said the self regulatory mechanism was doing well. In fact, he said there had been 100 per cent compliance of its directions by member channels of IBF.

The BCCC also said that among complaints relating to crime and violence were nearly 11 per cent of the specific complaints between 3 July, 2014 and 22 August, 2015. The objections were not only against crime-based shows but also against violence shown in daily soaps as well as reality shows.

Eleven per cent complaints of the 4,545 specific complaints were related to horror programmes while those pertaining to depiction of smoking scenes, consumption of alcohol and drugs were found to be less than one per cent.

Approximately 28 per cent of the complaints under the religion and community theme, where most complaints pertained to mythology-based programmes aired on various channels.

Sinha said BCCC did not go into interpreting mythology as it felt there were various interpretations prevalent and the council did not find itself competent to do so.

Two per cent of the complaints pertained to grievances against depiction of wrong map of India, insult to the National Flag and wrong portrayal of court proceedings.

BCCC also said it has issued 15 detailed orders to channels in which broadcasters were asked to run apology scrolls and in four cases to furnish financial penalties.

Perhaps the average viewer needs to be educated on how ‘harm’ is different from rape or molestation, especially when women and children or differently abled persons are involved.

October 26, 2015
Big Picture round up: Best time for M&E even as clear policies needed for TV & films

NEW DELHI: This is perhaps the best time for the media and entertainment (M&E) industry as the sector is being seen for the first time as an exporter and major source of foreign investment.

This was the general impression at various sessions of the Big Picture summit organised by the Confederation of Indian Industry (CII), where speakers also said that the promulgation of goods and services tax would be a great help.

However, problems were raised about shortage of screens for the film sector and state governments and the centre were asked to offer whatever help they could to overcome this.

Even as they were assured by Finance Ministry officials that the GST would be an anathema to their woes, the sector – particularly the film sector – appeared skeptic as it had to content with other problems such as piracy, shortage of screens and a lack of good content writers.

In the session on Taxing Times for M&E at which Revenue Special Secretary Rashmi Verma and Member Service Tax and GST V S Krishnan sought to allay fears, Film Federation of India vice president Ravi Kottarakara said the film industry had at one time been the most powerful entertainment medium but had now lost its power despite making more than a thousand films in different languages every year. He said this was because the success rate was just five per cent and the competition from other screens had increased apart from the malaise of piracy and multiple taxation.

The session was moderated by Network 18 advisor to the chairman A P Parigi.

Kottarakara said people tended to forget that 95 per cent of the films failed at the box office and lost money and only remembered films, which had created records. The share of the film industry in M&E has fallen from 60 per cent to 13 per cent, he said.

He also regretted that the film industry was at a crossroads since development in other sectors was at the cost of the film industry and so it was going through one of its worst phases despite going global. In the mind of the government, cinema was akin to sins like lotteries or liquor. Even in Delhi, cinema houses came under the Shops and Establishments Act and not as an art.

Even banks were wary of financing films and the filmmakers had to struggle for finance.

Kottarakara described GST as a double-edged sword and said that assurance was needed that the states would not interfere once the new tax regime came in.

Hinduja Ventures whole time director Ashok Mansukhani said that the media industry exists only on passion. He wondered why service tax was levied on this industry when it was entertaining people and said this appeared unrealistic.

He said that the first multi system operator (MSO) had come in 1965 and taxes came in much later when the government found a new source of earning money.

It was also unrealistic of the government to have digitised 30 million cable television homes in the last two years and was expecting to digitise 70 million homes in less than 15 months. “No other country has ever been able to do this,” Mansukhani said.

Mansukhani wanted GST to be transparent and urged the government to clear transitional problems. “At present there are 24 types of VAT in the country,” he informed.

Ernst and Young partner and markets leader Farokh Balsara called for a speedier decision on greater foreign direct investment (FDI).

Zee Network’s legal expert Avnindra Mohan wanted to know if television was considered a media or a goods industry, considering the way it was treated. “The television industry needs equity and fairness, clarity, and a help in development. But all these are missing,” he lamented.

As an example, Mohan said 50 per cent went into taxes in the direct to home (DTH) industry, 40 per cent into licence fee and only 10 per cent came to the operator.

In comparison, the session on Increasing Exports was more positive as most speakers felt that this was the best time for the industry as the government was looking towards it as an exporter and foreign export earner.

Viacom 18 executive vice president Ferzad Palia said Indian television serials had ample scope to travel overseas but were not available in as many as 140 countries.

Motion Pictures Distribution MD Uday Singh was of the opinion that something had to be done about the low screen density in the country. However, he noted the growth in mobiles and said OTT will spur this growth.

Wizcraft founder Sabbas Joseph said despite his experience of the International Indian Film Academy (IIFA) Awards, he had realised there were some success stories of Indian artistes overseas but no picture of a unified M&E industry. “There is a need for deep introspection and the dependence on the government is a mistake,” he voiced.

In a third session on regional cinema conducted by Delhi film critic Shubhra Gupta, the filmmakers were unanimous that regional cinema contained the heart and soul of the country’s culture but that Doordarshan and other channels failed to encourage this.

Ashoke Vishwanathan of Kolkata said cinema had gone global but had not reached other parts of the country. He wanted an educated National Film Policy. He was seconded by Kannada filmmaker P Seshadhri who said filmmakers had to act as entrepreneurs since there were few distributors for takers of serious regional cinema.

Assam State Film Finance and Development Corporation chairperson Bobbeeta Sharma said the state government was now helping the industry in the state. She wondered why Doordarshan was not lending a helping hand.

Drishyam Films CEO Shiladitya Bora related how the attempt was to depend less on the large screen and so made films that appealed to all kinds of audiences.

October 24, 2015
TDSAT asks UCN to restore Star channels to Raj Cable

NEW DELHI: Nagpur multi-system operator (MSO) UCN Cable Network has been directed to restore the supply of Star channels to Raj Cable Network, Maharashtra, with immediate effect as an interim measure.

Giving this directive, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) also asked the MSO to ensure that the local cable operators’ (LCOs) network receives the Indiacast and Taj Television channels.

If the channels of the two broadcasters have been discontinued at the instance of the MSO, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “It will be viewed as a case of deliberate contempt and the respondent (UCN Network) will be liable for the consequences.”

The Tribunal also said until further orders, Raj Cable will not transmit through its network the signals received from any MSO other than UCN Network.

Raj Cable had stated that not knowing the proper forum for redressal of its grievances, the petitioner earlier filed a suit in the court of Civil Judge, Yavatmal. The suit was called out before the court of Civil Judge yesterday and the next date fixed in it is 27 October.

In the petition before the Tribunal, however, it is undertaken that the suit will be withdrawn.

Counsel Vikram Singh accepted notice on behalf of the MSO and was asked to file reply within two weeks with rejoinder, if any, within one week from the date of receipt of a copy of the reply. The matter was listed for 19 November.

Raj Cable alleged that the MSO unauthorisedly disconnected the supply of Star, Indiacast and Taj Television to its network. MSO counsel Vikram Singh admitted the disconnection of Star channels to Raj Cable, which took effect on 8 October but denied discontinuation of the supply of Taj Television and Indiacast channels.

October 24, 2015
TDSAT directs Karnataka LCO body to resolve differences with Den Network

NEW DELHI: The Karnataka State Digital Cable TV Operators Welfare Association, Bangalore, has been directed to visit the Bangalore office of Den Network on 29 October for reconciliation of accounts and hold negotiations for entering into a proper interconnect agreement.

Listing the matter for 29 October, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) took note of the Association’s faxed copy of the declaration and undertaking as required under the procedural direction issued by the Tribunal.

Association counsel Nittin Bhatia undertook to file the original copy of the undertaking on 28 October. Den Network’s counsel Vaibhav Srivastava accepted notice.

The Tribunal order came after hearing Bhatia and Srivastava.

October 24, 2015
TDSAT warns Den Network against piracy of Star channels

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has cautioned and warned Den Network to desist from activities like piracy and transmitting any channels of Star available to it on a la carte basis on any of its channels available in any bouquets.

As per Star, it telecast the Salman Khan starrer film Bajrangi Bhaijaan on one of its channels, Star Gold which is available to Den’s network only on a la carte basis. In order to circumvent the a la carte restriction, Den unauthorisedly transmitted the movie on one of its local channels called Den Cinema, which was available to its entire subscriber base.

TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said, “Prima facie it appears to us that Den is indulging in practices that are not only not sanctioned by law but which in fact may constitute criminal offence.”

It further clarified that in case Den is “violated the warning it would do so at its risk as to costs and consequences. It is further made clear that Star, if so advised, may file claim for damages against Den for allegedly having indulged in piracy of its signals.”

The Tribunal noted that in the petition filed by Den, Star had even earlier alleged similar piracy and that matter had been posted for 3 November as Den counsel Abhay Chattopadhyay sought time to get instructions.

The Tribunal hoped that by the next date, Chattopadhyay may file Den’s reply to the two applications.

In the present application, Star counsel Kunal Tandon alleged that Den was “indulging in rampant piracy of some of the Star channels.” Both the earlier application and the present application are supported by screen shots and CDs.

October 23, 2015
TDSAT permits Star to examine MSO’s headend before signing agreement

NEW DELHI: Noting that it was a ‘fledgling multi-system operator,’ the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has said that ‘Star India cannot have any objection to give its signals on RIO terms to Akash Tori Infocom Services Pvt. Ltd.

However, accepting the plea by Star India to inspect the MSO’s headend, TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava asked the MSO to inform the broadcaster about the date when it can examine the headend.

The MSO had filed a petition seeking Star’s signals in digital mode on RIO terms.

Star counsel Arjun Natarajan accepted the notice on behalf of his client.

Adjourning the matter for 4 November, the Tribunal asked Natarajan to inform it about the result of the headend inspection.

October 21, 2015
Broadcasters ready to extend existing analogue agreements in view of tardy pace of agreements, DAS Task Force told

New Delhi: With less than three months to go for the deadline of Phase III of Digital Addressable System, the Indian Broadcasting Foundation has said that broadcasters are ready to extend the existing analogue interconnect agreements with multisystem operators for transition from analogue to digital service in view of the slow progress in signing of interconnect agreements.

The commitment was made in the last meeting of the Task Force set up by the Information and Broadcasting Ministry in its meeting on 22 September. The minutes of the meeting were placed on the Ministry website today.

The meeting was presided over by special secretary J S Mathur who asked the Telecom Regulatory Authority of India (TRAI) to convene a meeting of broadcasters and MSOs resolve issues. (It may be recalled that TRAI had earlier asked both broadcasters and MSOs to approach it in case of any problems with regard to interconnect agreements.

Referring to the low number of interconnect agreements, Mathur remarked that without signing of agreements between broadcasters and MSOs, the progress on digitisation was not possible.

Agreeing there had been slow progress in signing of agreements with major MSOs as the latter were awaiting the decision in a case before the Telecom Disputes Settlement and Arbitration Tribunal, the IBF said broadcasters had signed provisional agreements with many applicant operators, who have digitised their networks under the condition that they would get registered as MSOs for DAS operation before the cut-off date for Phase III.

IBF was asked to submit an area-wise list indicating the status of signing of agreements to the Ministry. The meeting was told that just 62 of the 300-odd multi system operators had signed agreements with broadcasters.

Mathur expressed his gratitude to the Indian Broadcasting Foundation for developing the advertisement on cable TV digitization in Phase lll areas and airing it on their member channels. He said All India Radio and Doordarshan were already giving advertisements on cable digitisation on their channels and they need to scale it up. The IBF representative said the Ads had been planned in bilingual format but IBF will consider making it multilingual as requested.

Joint Secretary (Broadcasting) R Jaya said as a next step towards publicity awareness campaign, broadcasters and MSOs should now inform the cable TV users in Phase III areas through scroll messages on their channels to get STBs installed in their homes before the cut-off date.

Jaya mentioned that MSOs registration by the Ministry was open. In case broadcasters have entered into agreements with non-registered operators they should ensure that they have applied for MSO registration with MIB. She advised broadcasters to impress upon these operators to immediately register themselves as MSOs with the Ministry failing which they cannot operate digital services.

Meanwhile announcing that the toll free help line is expected to start operating soon, Jaya told the meeting that seven regional workshops had been held so far with Nodal officers in different cities, and these officers had been advised to provide the right of way (RoW) to the MSOs/LCOs under the provisions of the Cable Television Networks (Regulation) Act 1995 and also give details of those Phase III areas in their districts where no registered MSO is operating.

The nodal officials were told to disseminate a clear message that the cut off dates are final and the analogue cable viewers should change to digital before the cutoff date.

She said twelve regional units including the central unit in Delhi have been established for monitoring the implementation of DAS Phase III areas under Mission Digitisation project.

Referring to the fact that seven regional workshops had been held so far, she said Nodal officers were being advised to provide the right of way (Row) to the MSOs/LCOs under the provisions of the Cable Television Networks (Regulation) Act 1995 and, also intimate Phase III areas in their districts where no registered MSO is operating. The nodal officials were also told to disseminate a clear message that the cut off dates are final and the analogue cable viewers should change to digital before the cutoff date.

The workshops have been held at Chandigarh, Lucknow, Ahmedabad, Jaipur, Bhopal, Shillong and Hyderabad. A workshop at Patna had to be cancelled due to elections in the state. The workshops had been successful in sensitizing the state nodal officers about their role and responsibilities In the pre and post digitization period in phase lll areas.

The Siticable representative said broadcasters have not responded to their requests for interconnect agreements for phase III areas so far and so they are unable to fix the channel package rates and get the SAF and CAF forms filled up from subscribers as required under DAS regulations. He questioned the propriety of running of digital cable service by cable operators without first getting registered from MIB as per the DAS regulations,

The representative of the Telecom Authority of India said it was up to broadcasters and MSOs to continue existing interconnect agreement even after transition from analogue to digital. He added that there was no impropriety in running the digital service by an operator before the cutoff date without registration from the Ministry.

The representative of IMCL said it had signed 60% of interconnect agreements with broadcasters in Phase III areas. Regarding interconnect agreements with other broadcasters they requested TRAI to intervene.

The representative of MOCF mentioned that MSOs were not signing interconnect agreements with LCOs and TRAI should intervene and prescribe a standard interconnect agreement.

A representative of the cable operator association from Assam said since no agreements were being signed in Assam despite requests from MSOs, broadcasters should nominate a nodal officer to deal with the issue at regional level.

ASSOCHAM said it had along with a Cable Operators Federation already started a Chetna Yatra which was planned mandatorily to cover 450 cities sensitizing the consumers and operators alike about the cable digitisation in Phase III areas by 31 December. He added that a comprehensive report on this will be submitted to the Ministry.

Members made various suggestions about the awareness campaign. A representative of the local cable operators association from Assam said that to make this effective, the TV Ads should be in regional languages. He wanted to know whether the Chetna Yatra planned to cover north east also.

A representative of ARTBI said it did not have the facility to dub the ad in different regional languages but said its member channels would run it if this was provided to them.

October 20, 2015
MoF assures that GST will be a game changer for M&E and subsume service tax, entertainment tax & VAT

NEW DELHI: In a major relief to the media and entertainment industry, two senior officials of the Finance Ministry assured the captains of the sector that VAT, service tax and entertainment tax would be subsumed in the proposed Goods and Services Tax.

Terming GST as a game changer, Revenue Special Secretary Rashmi Verma said the rate was being worked out but she reiterated that it would be one and uniform for the entire country.

Member Service Tax and GST V S Krishnan added that Infosys had been given the task of creating a special portal for GST collections and the progress was good.

He said that three processes under way were in the public domain and the stakeholders and citizens could react. As all these were drafts, changes could still be made.

These were the rate of taxation, the law relating to GST, and the technology. The fourth relating to returns would be put in the public domain today itself. Technology was being taken care of by Infosys.

He added that after GST came and the government got time to review its progress, it could be improved over time.

They were responding to remarks made by some industry leaders on the second and final day of the two-day Big Picture summit organized by the Confederation of Indian Industry.

Sector representatives included Farokh Balsara of Ernst and Young, Film Federation of India Vice President Ravi Kottarakara, Hinduja Ventures whole time Director Ashok Mansukhani and Zee Network’s legal expert Avnindra Mohan. A P Parigi, advisor to the Chairman of Network 18 moderated the session.

Verma added that the problem of share of centre and states would be sorted out by the Ministry and need not worry the M and E industry which will just have to pay a single tax.

There will be slabs, but that would be restricted to just two – higher and lower, she added.

She said bringing the Centre and 29 states on one table had been difficult but most problems had been ironed out.

The work of the portion of the state was being worked out but the citizens need have no doubt that he will have to pay just one tax. For the citizen, the apportioning was only of academic interest.

She said there may be some tax levied by some local bodies in some states, but this would be between half per cent to two per cent. While ways were also being found to sort out this problem, it was clear that this would only relate to the manufacturing industry.

She also clarified that the GST would apply both to services and goods.

The M and E industry would benefit as the multiplicity of taxation would vanish.

The entire information will be out on a GST portal by the third week of November, she said. The transitional problems were being worked out, she added.

Answering a point made by one of the earlier speakers who asked whether the M & E sector was being treated at par with sinful industries, she said this was not so. The only sinful industries for the Government were cigarettes and alcohol.

Parigi suggested creation of a separate secretariat with representatives of industry and bodies like the CII.

October 20, 2015