ITV

Category: Regulators

  • TDSAT dismisses petition against BARC on landing page issue differing from Delhi HC view

    TDSAT dismisses petition against BARC on landing page issue differing from Delhi HC view

    KOLKATA: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has dismissed the petition against TV audience measurement body BARC India on the ground of lack of jurisdiction. Bennett Coleman and Sun TV Network approached the tribunal on the legality, validity of a recent decision taken by BARC on the landing page issue.

    The petitioners claimed that BARC India had acted arbitrarily by adopting a formula which according to petitioners reduce the viewership data collected by measurement tools of BARC India. On September 3, the latter announced the introduction of algorithms into its data validation method to mitigate the impact of the landing page on viewership data across all genres of channels.

    While the tribunal gave out the final judgement on 4 November, it stated that it found out after both the parties that the main task was to find out whether BARC is a licensor of any ( specified) public telecommunication/broadcasting services; and (ii) whether it is providing a service that is made available to the public as users.

    Notably, the petitioners also approached Delhi High Court earlier. TDSAT has differed from the Delhi High Court’s opinion that BARC is a licensee or a service provider under the TRAI Act. “It is noted that in para 34 of its order dared 29.09.2020, the Hon’ble High court clarified that the finding that TDRSAT would have jurisdiction to entertain the petition was a prima facie one and in Para 45 it was further made clear that none of the observation shall bind TDSAT which shall hear the petition filed by the petitioners and any interim application filed therein without being influenced by any of the observations made in the order. Hence, the issue of jurisdiction has been raised afresh and parties have been heard in detail,” TDSAT noted.

    TDSAT also stated that since it has been found that BARC is neither a licensee nor a service provider as defined under the TRAI Act, the petitions under consideration are found to be beyond the jurisdiction of its Tribunal. Hence, the petitions have been dismissed on the ground of lack of jurisdiction.

    However, the petitioners would be at liberty to pursue their grievances in accordance with law before any court of competent jurisdiction.

  • Madras High Court issues orders to Tamil Nadu, central government & brand endorsers in PIL against online gaming

    Madras High Court issues orders to Tamil Nadu, central government & brand endorsers in PIL against online gaming

    NEW DELHI: Acting on a PIL against the ill-effects of online gaming filed by an advocate Mohammed Rizvi, the Madras High Court has issued notices to Cricket team captain, Virat Kohli, President of Board of Control for Cricket in India (BCCI), Saurav Ganguly and the Central and Tamil Nadu governments. 

    The TN government, represented by AAG Sricharan Rangarajan, has asked for 10-days time to file a response. The case has thus been adjourned to 19 November.

    The court also voiced concern that lives have been lost due to online games and the lack of law governing such issues in Tamil Nadu.

    The PIL also names Telecom Regulatory Authority of India (TRAI) and celebrity endorsers such as actors Prakash Raj, Tamannah Bhatia, Rana Daggubati and Sudeep as respondents.

    In his petition, Razvi had risen serious concerns about gaming addiction and social stigma. He cited instances of children who have died by suicide on account of playing online games similar to the Blue What challenge and after losing in PUBG to state exposure to online gaming introduces the kids to a world of crime and negative thinking,

    Other instances where people have died because they have lost money while playing Online Rummy and online gambling were also highlighted by him. 

  • Neerja Sekhar replaces Atul Kumar Tiwari as MIB addl secretary

    Neerja Sekhar replaces Atul Kumar Tiwari as MIB addl secretary

    KOLKATA: The government today announced a major reshuffle at the level of addiitonal secretaries, accross ministries. Amongst the ones relevant to the broadcasting sector is the appointment of Neerja Sekhar as addiitonal secretary of the ministry of information & broadcasting. An announcement had been made on 22 September that five IAS officers of the Haryana cadre and one from Himachal Pradesh were are among the 51 officers of the Indian Administrative Service (IAS) empanelled for additional Secretary level posts at the centre. And the The appointments committee of the cabinet approved their empanelment today. Sekhar replaces Atul Kumar Tiwari who has been moved as addiitonal secretary of the ministry of skill development and entrepreneurship.

    Sekhar, a 1993 cadre IAS, was appointed as joint secretary of MIB in February 2020.

    Earlier this year, Amit Khare also started his second stint at MIB as secretary replacing Ravi Mittal.

    More to follow.

  • I&B ministry announces 8th National Community Radio Awards

    I&B ministry announces 8th National Community Radio Awards

    MUMBAI: The ministry of information and broadcasting has invited entries for the 8th National Community Radio Awards to encourage innovation and healthy competition amongst Community Radio Stations (CRSs). The ministry had instituted National Community Radio Awards in the year 2012 which were conferred to CRS every year. So far, seven Awards have been given.

    The 8th Community Radio Awards for the year 2020-21 announced by the I&B ministry will be divided into four categories: thematic award, most innovative community engagement award, promoting local culture award, and sustainability model award. Each category will have first, second and third prize of Rs 50,000, Rs 30,000 and Rs 20,000 respectively. The last date for receipt of entries is 31 October 2020.

    More details here.

    Details of Award Category

    A: Thematic Award: This award will be for the programmes having thematic focus, relevant to community. This implies that the program should be a series of at least 13 episodes on a particular theme that has relevance to the community. It could be sponsored or an initiative of the station. It should be addressing any issue pertaining to the need or interest of the community. It can focus on any sector- social, cultural, historical, financial or any other. The entries will have to clearly elucidate:

    a) Number of episodes produced

    b) Why the theme was chosen?

    c) How was the programme executed?

     d) Was the community involved?

     e) Details of the format used

    f) What was the local relevance of the programme in terms of impact and visible change?

     g) How was it sustained?

    h) Way forward

    Any case study or report on the program would help.

    B: Most Innovative Community Engagement Award: The basic objective of the community radio is to serve the cause of the community by involving members of the community in the broadcast of their programmes. By adopting new formats of programme, inclusion of traditional communication formats to convey development concerns to the community can bring greater impact. The program should be novel, original and innovative. It should have an element of community participation and relevance to community. Entries for this award must reflect engagement of community in the planning, content, production and broadcast of the programme. The entry should reflect the processes involved in bringing the community together for a broader engagement. The community should have been at the centre of this engagement process. The program should have enabled a collective change and helped create a movement within the community. It should have created a momentum to address any local concern. Entries accompanied with a list of outcomes achieved and solutions provided to community needs will be given preference. The entries should clearly explain following:

    a. Define the community it was targeted at

    b. How many episodes were produced?

    c. How was the engagement sustained?

    d. What innovative methods were adapted to make a programme?

    e. What was the level of participation of the community?

    f. How many people did the programme reach out to? What were the outreach activities undertaken?

     g. Documentation, if any

    h. Did it run in a campaign mode? Was it a onetime effort?

    i. How did you link the programming with the community?

     j. Impact on the community- how did you measure the same?

    C) Promoting Local Culture Award: (Preservation and promotion) Entries must incorporate local talent and tradition. Entries can be in any language but must be accompanied by a description of what efforts were made to promote local culture and a brief summary be provided in English/Hindi. The entry in this category should reflect the program's effort in improving local well-being. The program should have provided a sense of identity to the community. It could be based on common understanding, local traditions, and values and should have influenced the confidence of the local community. The effort of the program should have encouraged preservation and promotion of culture. For example, it could have revived a dying art, preserved a local monument, helped in architectural preservation of old buildings and Havelis, or use of local culture to mobilise the population, revival of traditional handicraft or culture-based entertainment etc. The program could be on cuisine, folk music, festivals or other cultural activities which have a sustained impact on the community. The entry should address following points:

    a. What was the focus of the programme?

    b. Why was it important?

    c. How did the programme help in reviving/ promoting the local culture?

    d. How many episodes did you produce?

     e. How was it sustained? How has the revival/preservation been visible?

     f. What was the impact or consequence of the programme?

    g. What was the format?

    h. Who will take responsibility in the community for taking the same forward?

    D: Sustainability Model Award: The purpose of this award is to encourage CRS to adopt innovative models to generate revenue for self-sustenance. Sustainability means that the station should have sustainability on four different counts: a. content b: human resources c: technical and d: financial. Audio clips need not to be submitted for this category, but documentary proofs will be required such as audited balance sheets of the organization/CRS etc. Sustainability will be measured on various parameters as given below:

    a)      Content sustainability- new programmes introduced

    b) Hours of broadcast and how does it compare to the previous year?

     c) How much is fresh broadcast and how much is repeat broadcast?

    d) Training and exposure of the team- has the team (community members) travelled or participated in any workshops/conferences?

    e) What is the Staff composition?

    f) Status of equipment sustainability/any breakdown etc

    g) What has been the engagement of the community?

     h) List of projects implemented

    i) Financial sustainability- sources and resources

    j) Total turnover

    k) Media coverage

    Any other documents- if relevant

    Community Radio is the third-tier broadcasting along with public and private radio broadcasting. At present, there are a total 302 Community Radio Stations (CRS) in the country. These CRS stations are playing a very important role in disseminating information especially in those areas where other media presence is limited.

  • CINTAA welcomes move to expedite extending industry status to entertainment sector

    CINTAA welcomes move to expedite extending industry status to entertainment sector

    MUMBAI:  Cine and TV Artists Association (CINTAA) has welcomed the Maharashtra government’s move to formulate a comprehensive policy for entertainment sector and expedite procedure of extending industry status.

    ''The decision of the Maharashtra government has come at a most appropriate time for the fraternity. This will undoubtedly bring in progressive ramifications to the sector,'' CINTAA said in a statement.

    The state government on October 23 announced that it will devise a policy for the entertainment sector as well as declare rebate of up to 25 per cent in shooting charges at Goregaon Film City, while also advancing the process to grant industry status to the sector. The decision to formulate a comprehensive policy was taken in a meeting chaired by cultural affairs minister Amit Deshmukh.

    The minister has asked Maharashtra film, stage and cultural development corporation limited (MFSCDC) to prepare a draft for the policy. “The comprehensive policy will cover all aspects dealing with various platforms such as films, theatre, documentaries, serials to over-the-top (OTT) content. It will be presented before the state cabinet for its final nod,” Deshmukh said.

    CINTAA stated that it has strived very hard to get support for the betterment of the fraternity in general and the actors community in particular. “Realizing the challenges faced and to be on par with other sectors, the idea to have an Industry status for us has always been our foremost objective and our pursuit has always been rationale driven. Our efforts have been truly paid,” it added.

    MFSCDC MD Manisha Verma said, “The policy will have a holistic approach towards all aspects related to the sector. We will consider simplification of taxation, increasing screens, fiscal incentives, changing technology besides generation of skilled manpower. It’s a labour-intensive industry and has the potential of job generation. All these aspects will be deliberated upon during a webinar with all stakeholders between 5 and 7 November. Valid suggestions and recommendations that we will get during the deliberation will be incorporated in the policy.”

  • NTO 2.0 case: Judgement reserved, TRAI can’t take any coercive step

    NTO 2.0 case: Judgement reserved, TRAI can’t take any coercive step

    KOLKATA: The Bombay High Court bench today reserved its judgement on the NTO 2.0 case. After hearing both sides, the court has also ordered the Telecom Regulatory Authority of India (TRAI) not to take any coercive action against the broadcasters for non-implementation of the amended tariff order.

    Within a very short span of new tariff order (NTO) implementation, TRAI had issued a set of amendments at the beginning of 2020. It was challenged legally by the major broadcasters. Even while the case was sub-judice, TRAI had released fresh directives on 24 July, asking broadcasters to publish details including maximum retail price per month of channels and maximum retail price per month of bouquets of channels, the composition of bouquets and also amended RIO and other details. This further irked the broadcasters.

    In the last couple of years, the industry has been overburdened by regulations. According to a FICCI -EY report, NTO 1.0 reduced the number of TV subscribers by 26 million. While broadcasters are reeling from the impact of Covid2019 , it is of serious concern how another change will impact the industry.

  • TRAI extends deadline to share feedback on broadband connectivity CP

    TRAI extends deadline to share feedback on broadband connectivity CP

    KOLKATA: The Telecom Regulatory Authority of India (TRAI) has extended the deadline for receiving comments on a consultation paper concerning “Roadmap to promote broadband connectivity and enhanced broadband speed.” The last date for submission of written comments is now 9 November. Counter-comments can be sent in by 23 November.

    The authority released the consultation paper on 20 August. The last dates for receiving written comments and counter comments from stakeholders were fixed as 21 September and 05 October respectively.

    Initially, considering the requests from Industry Associations for extension of time, the last date for submission of written comments was extended to 19 October and for counter-comments to 2 November.

    Read more news on TRAI

    “Now, TRAI has again received request from Industry Association for extension of last date for submission of comments citing various reasons such as curtailed working scenario due to Covid2019 outbreak, need of expert analysis to respond to the issues raised in the consultation paper etc.,” it has stated in the release.

    However, TRAI has clearly mentioned it would not agree to any further delay.

  • DPIIT issues clarification on 26% FDI in digital media

    DPIIT issues clarification on 26% FDI in digital media

    KOLKATA: While significant growth in media is coming from digital media consumption, the government amended the foreign direct investment (FDI) policy last year. As a part of the reform, it had announced an approval of  26 per cent FDI in digital media. However, there was a lack of clarity about the niggling details. 

    Mire than a year later, the department for the promotion of industry and internal trade (DPIIT) has thrown some further light on it:

    The rule would apply to :

    ·   Entities uploading/ streaming news and current affairs on websites, apps, other platforms;

    ·    News agencies which supply news to digital media entities and/or news aggregators;

    ·    News aggregators which, using software / web applications, aggregate content from various sources in one location.

    These news organisations would be required to align their FDI to 26 per cent level with governmental the approval, within a year from today. To comply with the FDI policy, the majority of directors on the board of the company and CEO should be Indian citizens.

    "Security nod must for foreign personnel deployed for more than 60 days in India if security nod for any foreign personnel gets denied, the employee has to resign/employment terminated," DPIIT said.

    In this context, the ministry of information and broadcasting (MIB) has announced that it will consider in the near future to extend the following benefits, presently available to traditional media (print and TV), to such entities also:

    ·      PIB accreditation for its reporters, cameramen, videographers enabling them with better first-hand information and access including participation in official press conference and such other interactions.

    ·     Persons with PIB accreditation can also avail CGHS benefits and concessional rail fare as per the extant procedure.

    ·     Eligibility for digital advertisements through Bureau of Outreach and Communication.

    Moreover, MIB has suggested forming a similar self-regulating body in digital media like print and electronic media.

  • NBF forms separate regulatory body PNBSO to oversee fair reporting

    NBF forms separate regulatory body PNBSO to oversee fair reporting

    NEW DELHI: With the TV news industry finding itself in hot water over the last few weeks, the News Broadcasters Federation (NBF), an association of over 20 organisations and multiple channels, has set up a self-regulatory body named Professional News Broadcasting Standards Organisation (PNBSO).

    The self-regulatory organization will oversee fair news reporting in its member companies. It aims to bring in self-regulation of high standards and international repute. The key mission of the organisation is to support those who feel wronged by the press, to uphold the highest professional standards in the broadcast, and to determine whether standards have been breached and provide redress if so.

    The former chief justice of India Jagdish Singh Khehar has been appointed the first chairman of the PNBSO.

    The self-regulatory organisation comprises nine members: one chairman appointed from a pool of retired judges from the Supreme Court of India, four editorial members and four eminent citizens. The NBF-PNBSO will meet every three months to review any complaints filed against member companies.

    The panel is currently led by former chief justice Khehar, along with RTI activist Shailesh Gandhi and media veteran Chintamani Rao. The names of the other panellists will be announced soon.

    Members of NBF, who are also a signatory to NBF-PNBSO, abide by the broad framework on editorial guidelines and must refrain from making–

    ·   Criticism of friendly countries

    ·   Attack on religion or communities.

    ·   Anything obscene or defamatory.

    ·   Incitement to violence or anything against maintenance of law and order.

    ·   Anything amounting to contempt of court.

    ·   Aspersion against the integrity of the president, governors, and the judiciary.

    ·   Attack on a political party by name.

    ·   Hostile criticism of any state or the centre.

    ·   Anything showing disrespect to the constitution or advocating change in the constitution by violent means (but advocating changes in a constitutional way should not be debarred).

    The PNBSO is determined to uphold the standards of broadcast news and will ensure that all the member channels follow the news broadcasting code of conduct. It will work closely with all stakeholders to prevent the menace of fake news.

    The organisation has also drafted a complaint mechanism. In case of any violation, the panel will issue a warning including a channel to run an apology scroll specifying the date and time – an action to be complied with and reported back to NBF-PNBSO within seven days of the order. Any repeat or serious violations would attract a financial penalty up to Rs 10 lakh. A repeat violation by the channel/anchor would be penalized with a warning to run an apology scroll for two days with a specific date and time; removing the anchor up to 3 months and/or a financial penalty up to Rs 5 lakh.

    The code is based on the UK based Impress and International Press Standards Organisation (IPSO) and the Society of Professional Journalism of the USA.

    It is worth noting that the current president of the NBF’s governing board, Arnab Goswami, has been named in a lawsuit against "irresponsible reporting by certain media houses" filed by leading Bollywood producers and filmmakers. Goswami’s channel Republic TV is also being probed by the Mumbai police in an alleged TV manipulation racket.

    Yesterday, the Bombay high court questioned the union government why there should not be a statutory body to regulate the content broadcast through news channels.

    The court sought to know why the electronic media should have an "open hand" over its coverage. It was hearing a bunch of public interest litigations (PILs) seeking that the press, particularly TV news channels, be directed to exercise restraint in their reportage of actor Sushant Singh Rajput's death case and the related investigation by police and CBI.

  • Bollywood associations & producers file legal suits against Times Now & Republic TV

    Bollywood associations & producers file legal suits against Times Now & Republic TV

    NEW DELHI: The trouble surrounding the nation’s news broadcasting industry does not seem to be dying down. Last week, a few channels got embroiled in the TRP manipulation scandal, and now the Indian film fraternity appears to have joined forces against them.

    Four Bollywood industry associations and 34 leading film producers have filed a civil suit before the Delhi High Court against Republic TV’s Arnab Goswami and Pradeep Bhandari, and Times Now’s Rahul Shivshankar and Navika Kumar, on their coverage of the drugs probe being carried out by the Narcotics Control Bureau in connection with the Sushant Singh Rajput death case.

    The suit urges the court to restrain these channels – along with their editors and journalists – from making “irresponsible, derogatory and defamatory remarks” against Bollywood and the members of the film fraternity. 

    The producers have taken exception to several derogatory phrases used during the coverage such as ‘dirt,’ ‘filth,’ ‘scum,’ ‘druggies’ and expressions such as ‘it is Bollywood where the dirt needs to be cleaned,’ ‘all the perfumes of Arabia cannot take away the stench and the stink of this filth and scum of the underbelly of Bollywood,’ ‘This is the dirtiest industry in the country,’ and ‘cocaine and LSD drenched Bollywood’.

    The suit states, "The livelihood of persons associated with Bollywood is being severely impacted by the smear campaign being run by the Defendants. This is in addition to the ongoing pandemic which has resulted in extreme revenues and work opportunity loss. The privacy of the members of Bollywood is being invaded, and their reputations are being irreparably damaged by painting the entire Bollywood as criminals, seeped in drug culture, and making being part of Bollywood as synonymous with criminal acts in the public imagination."

    In their plea, the producers have asked Delhi High Court to pass directions ordering Times Now and Republic TV to withdraw, recall and take down all the defamatory content published by them against Bollywood. The suit also seeks that the channels and the four people mentioned abide by the provisions of the Programme Code under the Cable Television Networks Rules, 1994.

    While the producers don't call for blanket media gag in the Sushant Singh Rajput investigation, they want the court to stop reportage that violates the law. The suit further asks the channels not to conduct media trials of Bollywood personalities and to stop interfering with the privacy of those associated with Bollywood.

    Reacting to the lawsuit, Times Now news editor Rahul Shivshankar said in a tweet that filing cases against journalists "that have only sought justice for those who are wronged" would set a bad precedent.

     

     

    Navika Kumar also took to Twitter, saying: "All the A-listers can come together but India will continue to fight for the truth. You can’t intimidate us."