ITV

Tag: Mukul Mudgal

  • Only two cases of vulgarity and indecency on reality TV shows reported to Government in last two years

    Only two cases of vulgarity and indecency on reality TV shows reported to Government in last two years

    NEW DELHI: Only two instances have come to the government over the past two years of vulgarity and indecency in reality shows on television, and both relate to Colors.

    Answering a question in Parliament today, Information and Broadcasting Minister Arun Jaitley however ruled out any guideline to check such trends as he said “the existing provisions contained in the Programme and Advertising codes and the existing mechanism are considered adequate to regulate content including reality shows on TV channels”.

    In the first case relating to Bigg Boss Season-7, Colors had been issued an advisory on 26 March 2014 and a warning was issued on 8 January last year on the second case relating to “Fear Factor Khatron Ke Khiladi-Dan Ka Blockbuster” when the channel was asked to run an apology scroll.

    The Minister said in reply to a question that the content telecast on private satellite TV channels including reality shows of different genres is regulated under the cable Television Networks (Regulation) Act, 1995 and cable Television Network Rules, 1994 framed there under. The Act does not provide for pre-censorship of any programmes and advertisements telecast on such TV channels.

    However, it prescribes that all programmes and advertisements on such TV channels should be in conformity with the prescribed programme code and Advertising code enshrined in the Act and the rules framed there under, which contains a whole range of principles to be followed by these  channels including the reality shows carried thereon.

    He said the Government has set up Electronic Media Monitoring centre (EMMC) to review the content of private TV channels in the contest of violation(s) of programme and Advertising Codes.

    An Inter-Ministerial committee (IMC) has also been set up in the Ministry to look into the specific complaints or suo-motu take cognizance against the violation of programme and Advertising codes and appropriate action is taken as per cable Television Networks (Regulation) Act’ 1995, if any violation if established.

    This Ministry also issues advisories to TV channels from time to time on various issues, which are also relevant to reality shows. These are available at Ministry’s website www.mib.nic.in.

    In addition,the  National Commission for Protection of Child Rights (NCPCR) has formulated the ‘Guidelines for Media Reporting on children, which have been circulated by this Ministry among ail TV channels/NBA,/IBF on 23 November 2012. The guidelines lay down provisions to be followed by broadcasters/producers in case child participants are taken in their shows.

    Besides, as part of its self-regulating mechanism, Indian Broadcasting Foundation which is a representative body of non-news & current affairs TV channels, has set up the Broadcasting content Complaints Council (BCCC) headed by retired High Court judge Mukul Mudgal to examine complaints about television programmes. BCCC has also issued some Advisories on various issues related to reality shows to their member channels, which are available at their website i.e. www.ibfindia.com.

    The Programme code, inter-alia, provides that no programme should be carried in the cable service which (i) offends against good taste or decency; (ii) contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; and (iii) denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals.

    Action is taken against defaulting channels whenever any violation of the said codes is noticed or brought to the notice of the Ministry.

  • BCCC gets more complaints on harm than sex, obscenity & nudity on TV

    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.   

  • BCCC issues two advisories for TV channels

    BCCC issues two advisories for TV channels

    MUMBAI: A fortnight back, Indiantelevision.com had written that the Broadcasting Content Complaints Council (BCCC), a complaint redressal arm of the Indian Broadcasting Foundation (IBF), was going to come out with two more advisories for the broadcasting fraternity.

     

    The 13 member board, headed by Justice (Retd) Mukul Mudgal, at its 33rd meeting, has approved the issuance of the two advisories for the benefit of television channels.

     

    The two advisories are:

    1. Advisory on Portrayal of Persons with Disabilities in TV Programmes;

    2. Advisory on Depiction and Use of National Flag, National Emblem, National Anthem and Map of India in TV Programmes.

     

    For the first advisory on portrayal of persons with disabilities, the BCCC which had received several complaints earlier feels that adequate protection is necessary to avoid content which may be distasteful, harmful and offensive to persons with disabilities.

     

    The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, lays down the law to safeguard the rights and facilities of persons with disabilities. “And keeping this in mind, the Council believes that humour should not be created through any undesirable depiction of persons with disabilities and no derisive and disparaging reference should be made to their disability,” said the BCCC through a statement.

     

    The Council has advised all IBF member channels to exercise caution and be sensitive in the portrayal of persons with disabilities, to be conscious of their dignity, and to adopt a mature and responsible tone. At the same time, the Council has also advised the channels to look at the inclusion and mainstreaming of persons with disabilities in TV programmes.

     

    As for the depiction and use of National Flag, National Emblem, National Anthem and Map of India, the BCCC has advised all its IBF member channels to refrain from airing any content that may amount to misuse or wrong depiction of all of these.

     

    The Prevention of Insults to National Honour Act, 1971, and the Prevention of Insults to National Honour (Amendment) Act, 2005, lay down guidelines for the usage, depiction and portrayal of National Flag, National Emblem and National Anthem. “And hence, if any depiction/usage of the above becomes necessary as part of a programmes storyline, the channel should take necessary precautions so as to abide by the law of the land,” said the advisory.

     

    The advisories come into effective immediately as all channels have been informed.

     

    On what will be the penalty, if channels, failed to follow the new guidelines BCCC secretary general Ashish Sinha told indiantelevision.com, “The gravity of it will depend on the kind of violation. As per our guidelines everything is graded. However, this time around it can even go beyond us as if not followed, the channels will be breaking the law of the land because they will be disobeying the laws laid by the Parliament.”

  • BCCC to issue two new advisories to broadcasters?

    BCCC to issue two new advisories to broadcasters?

    MUMBAI: The Broadcasting Content Complaints Council (BCCC), a complaint redressal arm of the Indian Broadcasting Foundation (IBF), is set to come out with two more advisories for the broadcasting fraternity, if it gets a thumbs up from the board.

     

    The advisories are ready and the board will meet on 27 March to decide on the issue.

     

    The 13 member board, headed by Justice (Retd) Mukul Mudgal, will meet to discuss the advisories. They are related to: depiction of people with disabilities in programmes and wrong depiction of national emblem, national anthem and national flag.

     

    “The advisories have already been framed and needs approval from the council. We are meeting tomorrow to discuss on the issue and if approved, the broadcasters will be issued two advisories pertaining to the matter,” informs BCCC secretary general Ashish Sinha.

     

    The BCCC so far has issued 10 advisories to the broadcasters. These include: Advisory against showing acid attacks on television, advisory on telecast of content sensitive to minorities, advisory on telecast of content on cartoon/ children’s channels, advisory on comedy shows, advisory on sexualisation of children, advisory on health and safety of children, advisory on depiction of animals/wildlife in television programmes, advisory on award functions, advisory on participation of children in TV reality shows and advisory on portrayal of women in TV programmes. 

     

    Apart from this, the board will also discuss the complaints registered against the content of television shows registered for the month.

     

  • Single window service for film shooting to become operational shortly: Tewari

    Single window service for film shooting to become operational shortly: Tewari

    NEW DELHI: A single window service for promoting cinema tourism is all set to become operational shortly.

     

    Speaking at the Cinemascape 2013 conclave in Mumbai today, Information and Broadcasting Minister Manish Tewari observed that India with its rich heritage and diverse geography has great potential as a destination for film shooting but the current system of multiple clearances at various levels made it an unattractive destination for filming.

     

     “Increasingly therefore, most Indian filmmakers have gravitated towards foreign destinations for outdoor shoots. Any lost opportunity is a revenue loss for the country,” he remarked.

     

    Tewari said the government has now decided to address the issue by establishing a single window service for granting clearances for film shootings in India. He informed that a Committee on Promotion and Facilitation of Film Production in India has been set up. It is chaired by the secretary in the ministry, with senior representatives from the Ministries of External Affairs, Home Affairs; Tourism; Culture; Railways; Civil Aviation; Defence and Department of Revenue etc.

     

     The state governments have been asked to nominate the nodal officers for film clearance. The minister said Standard Operating Procedures are being developed to accord clearances for film shooting by domestic and foreign producers in India.

     

    Tewari stressed on the need for a sound legal architecture for promoting cinema as a form of creative expression. While conceding that law and order is a state subject, he said film certification falls in the central domain. He said, “There is an urgent need to update laws relating to film certification and exhibition and I am happy to inform that the committee headed by Justice Mukul Mudgal has submitted its recommendation along with a model bill to replace the existing Cinematograph Act 1952.”

     

     He said the recommendations of the committee as well as the model bill will be published on the website of the ministry to seek wider public consultation. The minister assured the film fraternity that by the middle of 2014, India would have a contemporary law to deal with cinema.

     

     Dwelling on the issue of taxation and fiscal incentives for the film and entertainment sector, the minister called upon the industry representatives to set up a committee of experts to draw a comprehensive strategy, which could then be submitted to the Finance Minister on behalf of his ministry.

     

    Participating in a panel discussion, noted film maker Mukesh Bhatt said 76 different permissions have to be obtained for film shooting in India, while Indian producers are given a red carpet welcome in some of the cine-tourism nations like Switzerland, New Zealand, South Africa, Thailand, Malaysia and Singapore. Bhatt acknowledged that the Ministry’s effort is a welcome first step.

     

  • NEW DELHI: This year’s Indian Premier League proved to be an expose of the kind of rot that has set into what was once touted as the gentleman’s game. With the who’s who of cricket and entertainment dragged into the murky world of betting and spot-fixing,

    NEW DELHI: This year’s Indian Premier League proved to be an expose of the kind of rot that has set into what was once touted as the gentleman’s game. With the who’s who of cricket and entertainment dragged into the murky world of betting and spot-fixing,

    NEW DELHI: This year’s Indian Premier League proved to be an expose of the kind of rot that has set into what was once touted as the gentleman’s game. With the who’s who of cricket and entertainment dragged into the murky world of betting and spot-fixing, not to mention two cricketers banned for life, the focus has shifted to the possibility of legalising and regulating sports betting.

     

    At the two-day ‘Conference on Regulating Sports Betting and Sports Law’ organised by FICCI recently, experts from different walks of life, through a consensus resolution, called for stringent laws to curb fraud and doping in sports.

     

    Inaugurating the meet, former Punjab and Haryana Chief Justice and Chairman of the Supreme Court Probe Panel into the IPL 2013 Betting and Spot Fixing Scandal, Mukul Mudgal, said the time had come to stop debating whether there was a need to regulate sports betting or not. Justice Mudgal said that besides doping, one of the biggest threats to the integrity of sports was sporting fraud, which includes match fixing, spot fixing, tanking and point shaving among others.

     

    His reasons for favouring regulation included: the government would earn substantial revenue from taxing sports betting, the unauthorised manner in which betting was currently taking place was a threat to the integrity of sports and sportspersons, some grass root sports programs could very well use the money generated, unauthorised betting was a source of revenue for hardened criminals, and law-abiding citizens were getting unnecessarily exposed to such anti-social elements.

     

    Justice Mudgal opined that the rate at which winnings from betting were to be taxed could be decided by the government and that 20 per cent would not be high, considering that in some jurisdictions like Austria and UK, the taxation rate is up to 28 per cent and 25 per cent, respectively.

     

    olicitor General of India N Viswanathan added: “There are pros and cons involved in legalising and regulating betting but before that, the Government should set up an Independent Regulatory Commission to study the various aspects in depth and come out with a solution, keeping in mind the elimination of book makers.”

     

    Alex Ward, Vice President Commonwealth Lawyers Association said: “The concern in Australia about the results of gambling and betting isn’t as much as the concern about corruption, doping and match fixing. India should legalise and regulate rather than prevent betting. By regulating like in Australia, the central and state government can get more revenue for development of sports. In India, there are some social and ethical problems unlike in Australia.”

     

    Carl Rohsler, Partner in Squire Sanders (UK), LLP, and International Gambling Laws Expert said that India had a choice about whether to regulate certain forms of gambling or not. “One thing that I would like to see is a survey of gambling in India – to try to gain some understanding of the numbers involved. I would also recommend the creation of some kind of committee to formally address issues related to gambling – in order to be a repository of information and knowledge not only about gambling in India but gambling all around the world. FICCI has done a great deal to start the debate – but it cannot be expected to shoulder the whole burden. The time has come for more formal support. I stress that this is not support of gambling, but support of finding out about gambling,” he said. Among the reasons he gave for regulating gambling: the first was to protect society from harm; second to facilitate movement of money from the illegitimate to legitimate sector; third, the government was responsible for operating gambling in an honest, appropriate and transparent manner; fourth, match fixers and money launderers would find it difficult to operate in a regulated market; and finally, illegitimate operators would be kept out of such a market.

     

    Dr A Didar Singh, Secretary General, FICCI, pointed out that with an estimated $600 million betting market in India and a possible 20 per cent tax rate on profit from betting, it would rake in revenue to the tune of $ 120-190 million for the exchequer. He said the moot question of course was whether sports betting could be regulated in India like in other countries in order to aid sports development. Singh gave the example of lottery as a regulated business in India. “While there are no authentic figures about all the states in India because of the different methods adopted for accounting of lottery receipts, it is reliably learnt that a state like Kerala is getting net revenue of Rs 682 crores (FY 2012-13) through the medium of lotteries. It has been estimated that the potential revenue for all the states from lotteries would not be less than Rs10000 to Rs12000 crore a year,” he said.

     

    Meanwhile, Solicitor General of India Mohan Parasaran, in his key note speech during the session on ‘Threat to Integrity of Sports: Match Fixing and Doping’ said there had been extensive discussions between the ministries of sports, and law and youth affairs, regarding drafting modern laws on sports betting with a proposal to bring in stand-alone legislation on the subject. He said ‘The Prevention of Sporting Fraud Bill 2013’ was a step in that direction and had been drafted only after studying the laws of different countries including Denmark, Finland and Germany among others.

     

    Senior criminal advocate K T S Tulsi, in his key note address during the session on International efforts to curb sporting fraud:  Information gathering, Regulatory structure, Criminal Law and Courts said: “After the Indian Premier League fiasco, there is a big hue and cry regarding the amendments in sports law and inclusion of issues such as criminalization of sports, invoking criminal law for match fixing and betting, and strengthening of anti-doping laws but, in an effort to clean up sports, sportsmen should not be made scapegoats. Criminal law should be invoked only where a guilty intent is proved and players should not be liable of match fixing and doping on mere presumption. There should be strong evidence to prove a player’s involvement as once an allegation is made in the media, it has a tendency to stick even in the absence of any proof and the player becomes victim to a media trial even before being declared guilty by the courts. At the same time, legalizing betting would be a step in the right direction as this will ensure transparency and lead to removal of corruption from sports, which is the need of the hour.”

     

    Former Attorney General of India Soli Sorabjee said during the same session: “Betting is a natural human instinct, which is inherent to human beings – it should not be denied and time demands that it should be discussed seriously to come out with the solutions to match fixing.”

     

    Expectedly, former Sri Lankan Cricket Team Captain Arjuna Ranatunga, spoke on behalf of players: “There is a need for creating awareness and sensitising players on the consequences of doping and other sports frauds,” he said.  

     

    According to him, match fixers often do not catch top players but look out for smaller fish in top teams. On the subject of doping, he said that players coming from rural areas are not aware about the ill effects of doping and are innocent. So they need to be sensitised about various drugs and their consequences.
     

  • Empowered Committee recommends re-drafting of Cinematograph Act 1952

    Empowered Committee recommends re-drafting of Cinematograph Act 1952

    NEW DELHI: The empowered Committee under the chairmanship of retired Punjab and High Court Chief Justice Mukul Mudgal has submitted a fresh draft of the Cinematograph Act 1952 to incorporate its recommendations related to certification of films and piracy issues.

     

    In its report submitted to Information and Broadcasting Minister Manish Tewari today, the Committee has also dealt with issues such as advisory panels, guidelines for certification and issues such as portrayal of women, obscenity and communal disharmony, classification of Films and jurisdiction of the Film Certification Appellate Tribunal (FCAT).

     

    The Committee also gave its views on advisory panels in different parts of the country to the Central Board of Film Certification; apart from ways to deal with video piracy.

     

    A thorough review of the Cinematograph Act has also been undertaken in the light of developments over the last six decades.

     

    The Censorship Guidelines were last amended on 6 December 1991. The Board presently consists of non-official members and a chairman (all of whom are appointed by Central Government) and functions with headquarters at Mumbai. It has nine Regional offices/Advisory Panels, one each at Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack and Guwahati. The Regional Offices are assisted in the examination of  films by Advisory Panels. The members of the panels are nominated by Central Government by drawing people from different walks of life for a period of two years.

     

    The committee was constituted by the Ministry on 4 February 2013 and held several meetings during its eight-month tenure with various stakeholders. These meetings were held in Chennai, Delhi, Mumbai and Kolkata. Eminent persons connected with the film sector were invited by the Committee to present their views. The Committee also held discussions with members and officials of CBFC, officials of the Animal Welfare Board of India, Chairperson of BCCC, representatives of the Film Federation of India, the Films and Television Producers Guild of India and the Multiplex Association of India.

    Other members of the Committee are former I and B Secretary Uday Kumar Varma; FCAT Chairman Lalit Bhasin; former CBFC Chairperson Sharmila Tagore; eminent film lyricist Javed Akhtar; CBFC Chairperson Leela Samson; South Indian Film Chamber of Commerce Secretary and former Film Federation of India President L Suresh; Supreme Court advocate Ms Rameeza Hakim, and I and B Joint Secretary (Films) Raghvendra Singh who was the member convener.