Tuning in to the Laws of Broadcasting

With diverse forms of media and broadcasting emerging each year, the importance of media and broadcasting has grown manifolds. And with the “Sun reaching where All India Radio does not” the importance of media and broadcasting for reaching the masses and spreading awareness can evidently be seen.

The promotion of media and broadcasting has been one of the most important goals of any government with the current Modi Government running shows like Man Ki Baat to both promote broadcasting as well as reaching the masses.

What are Media and Broadcasting?

Over the years media and broadcasting have emerged as a key element in national development and has taken up diverse forms. Broadcasting services in India include Cable TV both Analogue and Digital, Direct to Home (DTH) services, Internet Protocol Television (IPTV), Radio, FM Radio broadcasting, community radio etc.

Broadcasting legislations in India

The broadcast and media sector was earlier under a complete monopoly of the Government of India. Private organizations were merely involved in commercial advertising and sponsorships of programs. However, the apex court in the matter of Secretary of Ministry of I&B  vs Cricket Association of Bengal clearly differed from the monopolistic approach and emphasized that every citizen has a right to telecast and broadcast to the viewers/listeners any important event through electronic media, television or radio and also provided that the government had no monopoly over such electronic media. 

However, even when the sector was made open to the citizens, it continued to be regulated via Broadcasting Regulations and Laws.

The key features of these broadcasting regulations are:

1. No exclusivity of content: Broadcaster “must provide” signals on a nondiscriminatory basis to the distributors of various TV Platforms. 

2. Sharing of important sporting events of national importance with the public broadcaster. 

3. Mandatory carriage of channels of public broadcaster and channels operated by or on behalf of Parliament.

4. TV channels to be carried over any platform must have permission under uplinking and downlinking guidelines. 

5. Detailed quality of service regulations.

The various forms of broadcasting and its regulations

Since the forms of broadcasting and media are diverse, so are the regulations governing them. There are various forms of regulations that cater to various forms of broadcasting. 

The Broadcasting Code was adopted by the Fourth Asian Broadcasting Conference in 1962 listing certain cardinal and core principles to be followed by the electronic media. Although the Broadcast Code was chiefly set up to govern the All India Radio, the following principles have ideally been practised and adopted by all Broadcasting and television organization:
To ensure the objective presentation of news and fair and unbiased comment
To promote the advancement of education and culture
To raise and maintain high standards of decency and decorum in all programs
To promote communal harmony, religious tolerance and international understanding
To treat controversial public issues in an impartial and dispassionate manner

The Cable Television Networks (Regulation) Act, 1995: This act regulates the operation of Cable Television and the subscription rates, the total number of subscribers receiving programs transmitted in the basic tier.

The Cinematograph Act, 1952 – This act was passed to make provisions for certification of cinematographed films for exhibitions by means of Cinematograph.  Under this Act, the Central Board of Film Certification with advisory panels at regional centres is empowered to examine every film and sanction it whether for unrestricted exhibition or for exhibition restricted to adults. The Board is also empowered to refuse to sanction a film for public exhibition.

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