ITV

Category: Regulators

  • MIB expresses dissatisfaction with IAMAI’s self-regulatory model for OTT platforms

    MIB expresses dissatisfaction with IAMAI’s self-regulatory model for OTT platforms

    KOLKATA: While all the major OTT players have agreed to come under the ambit of Internet and Mobile Association of India (IAMAI)’s self-regulation guidelines recently, the Ministry of Information and Broadcasting (MIB) has expressed its dissatisfaction with the model.

    Earlier this month, IAMAI unveiled the ‘Universal Self-Regulation Code’ for Online Curated Content Providers (OCCPs) in India. The first set of signatories included Zee5, Viacom 18, Disney+Hotstar, Amazon Prime Video, Netflix, MX Player, Jio Cinema, Eros Now, Alt Balaji, Arre, HoiChoi, Hungama, Shemaroo, Discovery Plus, Flickstree. Later, Lionsgate play and SonyLIV also came on board. 

    According to media reports, IAMAI has been informed of the disapproval of MIB in a letter from the ministry. MIB has asked the organisation to look at other self-regulatory models. Previously, IAMAI had written to the ministry for its guidance and support in implementing the self-regulatory code. 

    “The proposed self-regulatory mechanism lacks independent third-party monitoring, does not have a well-defined Code of Ethics, does not clearly enunciate prohibited content, and at the second and third-tier level there is an issue of conflict of interest,” the ministry stated in the letter.

    MIB has also observed that the model does not classify prohibited content.  Moreover, the second tier advisory panel is constituted by OCCP itself rather than having an independent oraginsation.    

    IAMAI has also been advised to look at the structures of the Broadcasting Content Complaints Council (BCCC) and News Broadcasting Standards Authority (NBSA) as guiding principles.

  • 93% TV households do not watch news channels; media degenerated into becoming pet performing poodle of govt” former I&B minister, Manish Tewari to Kailashnath Adhikari, MD,Governance Now

    93% TV households do not watch news channels; media degenerated into becoming pet performing poodle of govt” former I&B minister, Manish Tewari to Kailashnath Adhikari, MD,Governance Now

    “93% TV households do not watch news channels; media degenerated into becoming pet performing  poodle of govt” former I&B minister, Manish Tewari to Kailashnath Adhikari, MD, Governance Now.

    Former Information and Broadcasting Minister and MP, Lok Sabha, Manish Tewari has said that  with only 7percent of 950 million people in India with TV sets at home watching news  and current affairs channels and with 391 news and current affairs channels digging around  in that 7%  space to earn money, it  has become a dog eat dog market.

    While speaking to Kailashnath Adhikari, MD, Governance Now at the webinar during the Visionary Talk series, organized by the public policy and analysis platform, Tewari while giving out numbers said that there are  950 million people with television set at home in India. 93% do not watch news channels. Only 7% watch news and current affairs channels and the 391 existing news and current affairs channels are  digging around  in that 7% space trying to earn money. “It has become a dog eat dog market.”

    Tewari also said that that media needs to relook its  revenue models and cannot have  model which is totally advertisement driven.

    While responding to a question if the revenue model could be regulated with a policy, Tewari recalled that when he was the I&B minister he cleaned out the TRP paradigm with a policy framework on how companies which generate TRP’s  need to be regulated when a leading newspaper at that time decided to get out of business.

    “If you want to correct your revenue model and charge subscribers a higher rate for the newspaper they buy or a TV channel they want to see, you will be able to then offer them better content. You have to start pricing your products properly and get people into the habit for paying..  But since you remain advertising dependent it is measured by fake currency called TRP’’ said Tewari.

    The former MP added that like print and electronic media, social media is equally worst and said the  biggest difficulty today is that what used to plague the print media and electronic media now plagues the social media which is also completely advertisement driven model. He said that the advertisement driven model does not allow you to curate quality content and be independent as bulk of small and medium people in the business depend on handouts which are given by the BOC (bureau of  outreach and communication). “There is a fundamental problem they are not willing to look at” he said.

    Coming down heavily on media Tewari said that media is not philanthropic. “Over a period of time media has degenerated into becoming the pet performing poodle of the government. Freedom of press in India is a myth. It is a chimera. Huge corporate interest dictates the direction and trajectory of media depending upon what their business interest currently are. Except  for print media, unfortunately I can’t  say that for substantive section of electronic media”

    Speaking on  paid news the former minister said that when he was trying to amend the Press and Registration of Books Act, 1867 and specifically tried to insert the section on  paid news and penal provisions, ‘‘the push back from biggies in the media industry was so enormous that the bill has not seen the light of day till date.”

    “The news and current affairs media is about educating people, presenting facts in perspective and bringing seriousness to public discourse. That’s the responsibility you need to discharge rather than looking at bottom lines and spin off cheap entertainment as news which does not require news licence” said Tewari in a scathing attack on the news. 

  • MIB issues advisory to curb surrogate advertising

    MIB issues advisory to curb surrogate advertising

    NEW DELHI: Surrogate Advertising has been a very old debate in the India’s advertising industry. An alcohol brand can advertise in the garb of music CD or a gutka brand can talk about the great taste of saffron and circumvent the advertising code. The rule thus aims at prohibiting surrogate advertisements while at the same time allowing advertisements of genuine brand extensions subject to specified conditions. 

    Rule 7(2)(vih)(A) of the Advertising Code enshrined under Cable Television Networks Rules, 1994 prohibits direct or indirect advertisements of cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants. However, advertisements of genuine products sharing a brand name or logo of such products are permissible subject to specified conditions prescribed therein.

    Time and again, industry people and government institutions have debated the matter on various industry platforms but not much output has come. Several activists and common citizens have also complained about surrogate ads from various categories running on national television but not much could have been done about it.

    Over the years, brands have circumvented the rule to create a massive reach of their products via their brand extensions.

    The latest advisory issued by the Ministry of Information and Broadcast states that such ads have to be first previewed by Central Board of Film Certification before telecast and deemed to be fit for consumption.

    “Second proviso of Rule 7(2)(vhi)(A) provides that such advertisement has to be previewed and certified by Central Board of Film Certification as suitable for unrestricted public exhibition and are in accordance with stipulated conditions,” stated the advisory.

    The focus of this advisory was mostly on brands related to the cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants. The advisory clearly stated that “It is accordingly advised that all advertisements of the nature referred to at para 2 above strictly follow the stipulations contained in the Rules and are previewed and certified by Central Board of Film certification (CBFC) before being telecast on Television.”

    The decision is expected to create a strong impact on the brands for this industry because many of these players have emerged as the top advertisers of the country. 

  • TRAI issues recommendations on cloud services

    TRAI issues recommendations on cloud services

    KOLKATA: Following a multistage consultation process, the Telecom Regulatory Authority of India (TRAI) has released recommendations on cloud services.

    The regulatory body issued a consultation paper on 23 October 2019 inviting inputs on the number of industry bodies, requirements for any CSP to become a member of an industry body, membership fee, governance structure and initial seeding of the industry body, etc. for comments and counter comments from stakeholders. Subsequently, an Open House Discussion (OHD) was held on 28 February 2020 at Delhi, where stakeholders participated and deliberated on the issues.

    Read more coverage on TRAI

    The salient features of the recommendations are:

    . Initiating a light-touch regulatory framework by setting up an industry body through a three-step process: enrollment of CSPs operating in India; formation of an ad hoc body to frame broad rules, organizational structure, election procedure, etc.; and the election of office-bearers to take over it’s functioning as a regular industry-led body.

    . Industry body to be registered under the Societies Registration Act, 1860, and to be formed using the approach followed for the formation of the M2M body by DoT.

    .  Scope of Cloud Service Providers, initially, to be limited to cloud service providers of Infrastructure as a Service (laaS) and Platform as a Service (PaaS) who are providing services in India.

    . Telecom Service Providers not to be allowed to share infrastructure and platforms related to Telegraph with a Cloud Service Provider (CSP] who is not a member of CSPs’ industry body registered with DoT.

    . The industry body so created to review its experience and further deliberate upon the need to form multiple bodies for different purposes, such as to address requirements of different market segments. DoT may require this review after two years of commencement of the functioning. of the first industry body, or such time as it considers appropriate.

  • TRAI says nyet to regulating communication OTTs

    TRAI says nyet to regulating communication OTTs

    MUMBAI: The Indian communication OTT ecosystem can breathe easier now. After slapping oodles of regulation on the TV sector, as voiced regularly by the television broadcasting community, the Telecom Regulatory Authority of India (TRAI)  has recommended that no controls need to be imposed on  OTT services such as voice over internet telephony, SMS, video calling, and instant messaging services.

    On three counts, the TRAI has agreed to wait for it to evolve and consensus on regulations at the ITU level to emerge before imposing any further controls on OTTs:

    . Market forces may be allowed to respond to the situation without prescribing any regulatory intervention. However, developments shall be monitored and intervention as felt necessary shall be done at appropriate time.

    The TRAI further said in a report released today that the increase in usage of OTT, traffic of telecom service providers has also grown. “Various studies on appropriate business models are already under consideration in various jurisdictions and it is emerging. Therefore, any regulatory prescription in haste may leave adverse impact on industry as a whole.”

    Read our coverage on TRAI

    No regulatory interventions are required in respect of issues related with privacy and security of OTT services at the moment.

    The TRAI noted that:  ”After studying the issues, it has been observed that architecture of OTT communication services is evolving to protect the end users and encryption technology deployed in a manner which prevents intermediaries from getting the communication in a clear text or in an intelligible form. Imposition of any requirements to cater to get the details of communication in an intelligible form or clear text would either lead to change in the entire architecture of such OTT services which might not provide same level of protection as offered today or would require to introduce provisions which may make the agents involved in the communication vulnerable to unlawful actors.”

    It is not an opportune moment to recommend a comprehensive regulatory framework for various aspects of services referred to as OTT services, beyond the extant laws and regulations prescribed presently. The matter may be looked into afresh when more clarity emerges in international jurisdictions particularly the study undertaken by ITU.

    Regulation of OTT services is a widely debated topic in many jurisdictions as well as in ITU. While few jurisdictions have started exploring possibilities to regulate some aspects of a few OTT services through legal and technical measures but these efforts are yet in nascent stage and the overwhelming majority of jurisdictions and the ITU are still studying various aspects of OTTs. Since, ITU deliberations are also at study level, therefore conclusions may not be drawn regarding the regulatory framework of OTT services. However, in future, a framework may emerge regarding cooperation between OTT providers and telecom operators. The Department of Telecommunications (DoT) and Telecom Regulatory Authority of India (TRAI) are also actively participating in the ongoing deliberations in ITU on this issue. Based on the outcome of ITU deliberations DoT and TRAI may take appropriate consultations in future.

    Market forces may be allowed to respond to the situation without prescribing any regulatory intervention. However, developments shall be monitored and intervention as felt necessary shall be done at appropriate time.

    Industry has anywhere for some time been stating that the Code of Criminal Procedure, 1973 and the Information Technology Act, 2000 are robust enough to regulate the OTT sector. 

  • Subhash Kamath elected as ASCI chairman

    Subhash Kamath elected as ASCI chairman

    NEW DELHI: BBH & Publicis Worldwide India Chief Executive Officer Subhash Kamath has been elected chairman of the board of governors of the Advertising Standards Council of India (ASCI). The vote was held at the board meeting that followed the thirty-fourth annual general meeting this afternoon. Kamath is an industry veteran, having spent more than 32 years building brands across various sectors. 

    Ketchum Sampark P. Ltd MD NS Rajan, was elected the vice-chairman, and IPG Mediabrands India P. Ltd CEO  Shashidhar Sinha was reappointed as an honorary treasurer at the same meeting. 

    The Board of Governors includes Abanti Sankaranarayanan, co-chairman & Board Member, ISWAI;  D Shivakumar group executive president, Aditya Birla Management Corporation P. Ltd; Girish Agarwal, director, Dainik Bhaskar Group; Harish Bhat, Director, Tata Consumer Products Ltd; KV Sridhar, chief creative officer (Global), Nihilent Ltd; Madhusudan Gopalan, CEO, Procter & Gamble Hygiene and Hbealth Care Ltd; Rohit Gupta, president – network sales & international business, Sony Pictures Networks India P. Ltd; Prof SK Palekar, Centre For Developmental Education, IFIM Business School; Priya Nair, executive director Beauty, and  Personal Care, Hindustan Unilever Ltd; Prasun Basu, president – south Asia, Nielsen (India) P. Ltd; Sivakumar Sundaram, president revenue, Bennett Coleman & Co. Ltd; Umesh Shrikhande, CEO, Taproot India Comm. P. Ltd. 

    Incoming chairman, Subhash Kamath said: “It’s a genuine privilege to accept this role as chairman of ASCI. Having served ten years on the board, I have had the honour of working and learning from very senior and experienced leaders of the industry. More importantly, I have learned the immense value of self-regulation and the far-reaching impact of the work ASCI has done over the years. Our industry today is at a crucial stage. With the digital revolution influencing brand messaging and engagement with consumers, advertising is evolving rapidly. And with the recent formation of the Central Consumer Protection Authority constituted by the government, self-regulation will be even more crucial in promoting consumer confidence and trust. As I have always said, with great creative power, comes great responsibility. So I look forward to working closely with the ASCI team to continue the good work set up by my predecessors and to introduce some newer, more future-facing initiatives as well.”

    Recalling his year-long tenure at ASCI, outgoing chairman Rohit Gupta, said: “I thank all my colleagues, ASCI members and everyone who was part of this incredible journey. I am glad I was given an opportunity to drive the body that spearheaded important changes in the advertising industry. This year has been the most eventful for ASCI as we tackled several challenges. The pandemic saw many misleading ads, which were dealt with immediately. The Ministry of AYUSH reached out for help in flagging misleading advertisements regarding prevention and treatment of COVID-19.  We also signed up with TAM to monitor 3,000 digital portals for misleading claims. We successfully met the three objectives we had set: increasing our consumer base, monitoring the digital space, and working closely with government bodies. I wish Kamath and the board the very best.” 

    Over the past year, ASCI’s independent Consumer Complaints Council met 45 times and deliberated on complaints pertaining to 3,773 advertisements.

    ●      Complaints were upheld against 2,126 advertisements (versus 1,486 in 2018-19) while those against 298 were not Upheld as the advertisements in question were not considered to be in contravention of ASCI’s codes

    ●      192 advertisements were found to be prima facie in violation of The Drugs and Magic Remedies (DMR) Act or The Drugs and Cosmetics Rules (Schedule J). These were promptly escalated to the Ministry of AYUSH or the Ministry of Health for their immediate attention

    ●      In several cases, state AYUSH officials, the FDA or the Central Council for Indian Medicine issued show-cause notices to the advertisers.

    It concluded with a touching tribute to Brahm Vasudeva, the non-executive chairman of Hawkins Cookers and the first chairman of ASCI, who passed away in July. His commitment to self-regulation in advertising and to the ASCI cause was recalled fondly.

  • NTO 2.0 update: Broadcasters conclude their argument before Bombay HC

    NTO 2.0 update: Broadcasters conclude their argument before Bombay HC

    KOLKATA:  As the ongoing legal battle between broadcasters and the Telecom Regulatory Authority of India(TRAI) in Bombay High Court nears its ending, the broadcasters have concluded their argument.

    On 18 September, the solicitor general will open for TRAI before the court. TRAI chairman R S Sharma said earlier that non-implementation of NTO 2.0 will bring back discriminatory practices and create a regulatory vacuum. He said that the tariff order has brought the perfect balance between consumer choice and industry benefits.  

    Sharma mentioned that while it has given new power to the consumers to watch channels of their own choice, it has provided broadcasters the liberty to decide the pricing of their channels, distributors to have an independent source of revenue through network capacity fees.

    Earlier during a hearing on 2 September, senior advocate Harish Salve argued that NTO 2.0 contradicts provisions of the Indian constitution that guarantees the freedom of speech and expression to all citizens.

    Amid Covid2019 pandemic, TRAI directed the broadcasters on 24 July to comply with the new amendments by 10 August, which created another round of tension and the broadcasters went back to Bombay High Court. The High Court ordered TRAI to not take any coercive action against the stakeholders until the verdict comes out.

  • Co-production Treaty to take India-Italy cooperation to a new level: Minister, MIB

    Co-production Treaty to take India-Italy cooperation to a new level: Minister, MIB

    Mr Prakash Javadekar, Minister for Information and Broadcasting, Government of India, on Monday said that the Venice Film festival has stood as a symbol of recognition of cinematic excellence at an international platform. “Participation of India in Venice Film Festival 2020 as a focus country has brought India and Italy closer by opening immense possibilities of co-production in film making and further bolstering the historical ties the two cultural superpowers have enjoyed for centuries,” he said. 

    In his address at the Venice Film Festival 2020, where India is the focus country this year, Mr Javadekar said, “It is with great pleasure, I announce that India and Italy have agreed on the Rules of Procedure for Co-production Treaty and it is hoped that it will take our joint collaboration to a new level.”  

    The Minister stressed that “Cinema not only showcases cultural mores but also brings countries closer.” Mr Javadekar said that cinema is a soft power that helps to forge international ties. Inviting Italian filmmakers for filming in India, he said, “Filming in India is an experience by itself and I invite everybody to come and shoot and to do pre-production as we have experienced crew members and facilities and very scenic spots. This year we are participating in the Venice Film market to showcase what India has to offer.” 

    This year two Indian feature films and one short film are being screened at the Venice Film Festival. India is also screening a film as market screening in Venice Production Bridge named ‘In the land of Poisoned Woman’ by Manu Bohra.   

    Speaking at the event, Mr Manlio Di Stefano, Undersecretary of State for Foreign Affairs and International Cooperation, Italian Government, said, “The relationship of India and Italy in film production is in line with the great work the two countries are doing to strengthen the bilateral collaboration, which is very advantageous for Italy given that India is a cultural giant, which is a great resource for other countries that can go beyond commercial exchanges.” 

    Acknowledging the growing Indian film market with one of the largest cinema industries in the world, Mr Di Stefano said, “India will be one of the most important global powers in 10 years from now despite the difficulties posed by COVID.” He added that India and Italy share a strong bilateral relationship marked by several meetings that have “widened our collaboration in many fields”, including culture and cinema. 

    “We have two major pillars on which we would like to develop our collaboration- Co-productions and shooting locations” to develop products for both Indian and Italian people as “it is not easy to define identity in cinema,” Mr Di Stefano said. He also added that “we should aim at productions that can tell about a territory through a story and not through documentaries that how good we are here in Italy”. 

    Italy, Mr Di Stefano said, has “included India among our target countries both for productions and to attract tourists. So, India is at the centre of our campaign one of which is ‘Living in Italian Style’”.  He also added that Italy has an integrated package for coproduction, and funds (more than 60 million Euros) are made available by Italy’s Ministry of Foreign Affairs to its embassies across the world in order to promote sectors like cinema.  

    Addressing the film festival via video conferencing, H.E. Vincenzo De Luca, the Ambassador of Italy to India said Italy participated at FIICI Frames 2020 as a virtual partner and “we presented the possibilities of co-productions in Italy and India”. He added that “today we can take a further step forward by creating a partnership that is not limited to isolated events, but which creates a permanent collaboration between Italian and Indian cinema”. 

    Citing historical relationships when noted filmmaker Satyajit Ray won a Golden Lion award in 1957 and the movie ‘Monsoon Wedding’ in 2001, he said that we should let the new Indian cinema be known in Italy. “Starting with FICCI Frames in June this year, we have to build a common partnership, a long-lasting partnership to exchange productions,” the Ambassador added.  

    Ms TCA Kalyani, Joint Secretary (Films), Ministry of Information & Broadcasting, Government of India & MD, NFDC, said, "The rules of procedures that we were to announce at FICCI Frames have finally been made," which will give incentives to filmmakers choosing to shoot in India, she said. She also added that India will soon be announcing the rules of procedures for champion sectors and "we have also announced the SOPs and guidelines for filming in India". 

    Ms Kalyani also said that Media and Entertainment is a sunrise sector in India. She invited the overseas filmmakers to come and shoot in India "once the aviation restrictions are lifted".

    Mr Dilip Chenoy, Secretary General, FICCI, said, "Italy participated in the 21st edition of the FICCI Frames this year as a partner country and I was truly amazed by their content and production capabilities, which I am sure enabled many Indian filmmakers and people in India to realize and see at first hand the opportunity that Italy presents and the possibilities of collaboration between India and Italy.”

    He further added that FICCI is delighted to partner with ANICA and the Embassy of Italy in India to organize a session focusing on India at Venice Film Festival. "This is the first time that such a platform has been set at the prestigious Venice Film Festival to discuss and promote relations between India and Italy in the area of filmmaking which needs to be continued in the future. This platform has provided an opportunity for India to connect with a global audience and reach out for further film production partnerships." 

    A session on ‘Challenges and Opportunities between India and Italy in Fi­lm Making was moderated by Mr Bobby Bedy, Filmmaker and Managing Director, Kaleidoscope Entertainment. The participants in this session included Ms TCA Kalyani, Joint Secretary (Films), Ministry of Information & Broadcasting, Government of India & MD, NFDC (TBC); Mr Ritesh Batra, Indian Filmmaker; Mr Goutam Ghose, Indian Filmmaker; Sergio Scapagnini, Italian Filmmaker; and Mr Ashish Pherwani, Partner, Media & Entertainment, EY. 

    The panel discussed various emerging trends in the Indian Media and Entertainment sector and the opportunities and challenges for cinema in the post-COVID-19 world, including SOPs that have been put in place to start film productions after a gap of several months.   

  • Delhi High Court stays the broadcast of Sudarshan News’ communal show

    Delhi High Court stays the broadcast of Sudarshan News’ communal show

    A major controversy erupted when Sudarshan News CMD & editor-in-chief Suresh Chavanke released a promo of his forthcoming episode UPSC Jihad of his television show Bindas Bol on Aug 25.

    The promo clearly used disturbing and communal words and was themed on the exposé of Muslims who have infiltrated the highest working body in the government, our executive branch. The show was supposed to be aired on Aug 28 at 8 pm.

    The promo, once released, immediately attracted outrage from journalists, police professionals, and IPS & IAS officers. IPS Association even issued a statement condemning the ‘communal and irresponsible piece of journalism’.

    On Aug 28, the Delhi High Court stayed the proposed broadcast of the show after former and current students of Jamia Milia Islamia, filed a plea seeking a ban on the telecast. This came even as the Supreme Court on Friday declined to impose a pre-broadcast ban on the channel from airing the programme.

    The plea alleged the show was an attempt to “defame, attack and incite hatred” against Jamia Milia Islamia, its alumni and the Muslim community at large. The HC stayed the broadcast until September 7.

    The court also directed Sudarshan News to file a reply before September 1 on the notice issued by the ministry of information & broadcasting on the complaints it received against the show.

    Justice Navin Chawla also issued a notice to the I&B ministry on the plea filed through advocate Shadan Farasat contending that the trailer of the show has “openly engaged” in hate speech.

    Appearing for the I&B ministry, advocate Anurag Alhuwalia, the central government’s standing counsel, accepted the notice, following which the matter was posted for hearing on September 7.

    The petition said the proposed broadcast along with the trailer violates the programme code set out under the Cable Television Networks (Regulation) Act, read with the Cable Television Networks Rules 1994.

    “The proposed broadcast and trailer also constitute hate speech and criminal defamation and is an offense under Sections 153A (1), 153B(1), 295A and 499 of the Indian Penal Code,” the plea read.

    After the order was passed, the show that was supposed to be telecast was not aired. Instead, Chavanke conducted another show where he accused Jamia Milia Islamia students and alumni of using the court to get the show stopped.

    The Delhi High Court on Saturday further refused to lift its stay order. This came a day after the High Court stayed the broadcast of the show.

  • TRAI always believes intervention should be limited to market failures: R S Sharma

    TRAI always believes intervention should be limited to market failures: R S Sharma

    KOLKATA: The cable and broadcasting industry has been despondent of late due to several new regulations. Many of the stakeholders have complained about “over-regulation” stunning the growth of the business and causing unnecessary burdens. The outgoing chairman of the Telecom Regulatory Authority of India (TRAI), R S Sharma, has refuted the claims reemphasizing that the authority has always looked at light-touch regulation. Sharma stated that TRAI has always believed intervention should be limited to market failures, adding that it has never interfered if the market is trouble-free. He addressed several controversial issues.

    During a conversation with Governance Now MD Kailashnath Adhikari, Sharma has spoken in favour of the most controversial regulation of this year, the amended New Tariff Order (NTO 2.0). He said that the tariff order was brought to strike a perfect balance between consumer choice and industry benefits.

    Sharma mentioned that while it has given new power to consumers to watch channels of his own choice, it has also given broadcasters the liberty to decide the pricing of their channels, distributors to have an independent source of revenue through network capacity fees. “In such a situation, it will be unfair to call it over-regulation,” he commented.

    He reiterated that TRAI’s data shows that 90 per cent of the people watch only about 50 channels out of the 800-900 channels in the country. He also added that OTT platforms allow much more freedom to watch content compared to linear TV, and this is one of the primary reasons for the audience shifting to OTT platforms. After the implementation of NTO in last year, many long-tail channels shut their shops. “IBF’s statement is rubbish, and it brings fear in the minds of people,” Sharma stated, mentioning that the case is sub judice in court. 

    Earlier this year, when the pandemic started hitting the ad revenue dependent broadcasting industry, TRAI issued a set of recommendations for a major overhaul of the country’s TV viewership measurement agency, BARC India, a joint industry body of the broadcasters, advertisers, and advertising agencies. Recommendations included an increasing number of people meters from 44,000 to 66,000 by the end of 2020 and 1,00,000 by the end of 2022. Many stakeholders commented that it seemed to throttle the entire system rather than reforming. 

    “Audience measurement is a significant source for broadcasting to get advertising and program sponsorship. In fact, that is the only currency. An industry dependent on advertising for survival and growth, audience measurement is a critical activity. Broadcasting is one such sector that is largely dependent on advertising revenue. Broadcasters earned revenue Rs 45000 crore in 2019, 32000 crore was collected from advertising. This underlies the dependence on the flow of advertising, which largely hinges on the profile of their audience and popularity of the content, which is assessed by television audience measurement rating. It is imperative that the process of that measurement should be objective, fair, neutral, transparent,” Sharma commented.

    “Some important recommendations are the need for structural reformation of governing of BARC to mitigate the potential risk of conflicts, bring transparency, and the confidence of all stakeholders on the TV audience measurement system. To create a credible and accurate collection of data, multiple data agencies need to be in competition, which would bring new technologies, research methodologies, and new ways to ensure better data quality,” Sharma further adds. 

    According to him, technology is ever-evolving, and the TV rating system needs to be in tandem. While Sharma mentioned that TRAI only gave the recommendation of the constitution of BARC, he also stated that periodical reformations are needed. Many stakeholders raised the issue of huge investment in restructuring. He said that many reformations could be carried out in a frugal way on the back of new technologies.