An overview of the Cable Television Networks (Amendment) Rules, 2021

The Ministry of of Information and Broadcasting (“Ministry”) Vide Notification dated 17th June 2021 published in the official Gazette of India the Ministry has come out with an exhaustive piece of legislation to amend the Cable Television Networks Rules, 1994  by the powers conferred in the Ministry through Section 22 of the Act. This amendment known as Cable Television Networks (Amendment) Rules, 2021 (“Amendment”) seeks to introduce a grievance mechanism forum for viewers to address their concerns regarding content being broadcasted directly to the broadcasters themselves and broadly deals with the structure of such forums, process of submitting grievances and self regulation by the Broadcasters. It can be further examined as below:

I.     The Complaint redressal structure:

Section 15 of this Amendment provides for a three level structure to ensure observance and adherence to the Programme Code and the Advertising Code by the broadcaster. The structure would provide for bifurcation in terms of :

 ·      Level 1 : Self-Regulation by individual broadcasters

• Section 17 of this Amendment provides that every broadcaster shall set in place an appropriate grievance redressal mechanism and appoint an officer to deal with complaints received and maintain a record of the complaints received and take action;

• The Officer must also act as a point of contact for all consumer complaints as well as for all interaction with self-regulating bodies and the central government;

• Finally obligation is placed upon the officer to respond to all complaints and grievances within 15 days and the obligation is placed upon the broadcaster to become a part of a self-regulating body and ensure compliance with all orders and guidelines governing such broadcasts.

·      Level 2 :  Self-Regulation by bodies of broadcasters

• Section 18 of this Amendment calls for formation of self regulatory bodies each by a minimum of 40 broadcasters. This Section further stipulates that such bodies must be headed by a retired supreme courts judge or of a High Court or an independent eminent person belonging to the field of media entertainment, human rights or other relevant fields.

• The sections further calls upon such bodies to register themselves with the central government within 30 days of the publishing of such rules and elucidates the various functions expected to be carried out by these bodies

• Finally the section imposes upon the body a duty to hear all complaints and issue warnings apologies or guidance as deemed fit, further stating that in case of warning or guidance issued by body to broadcaster is not complied with the body shall refer the matter to the Level 3 oversight mechanism with 15 days of non compliance.

 ·      Level 3 : Oversight Mechanisms by the Central Government

• The Central Government shall develop an oversight mechanism in order to facilitate the adherence of Programme Code and the Advertising Code by the broadcaster and carry out functions such as preparation of charters for self-regulating bodies, set up interdepartmental committees for hearing of complaints and prepare and provide guidelines and advisory to broadcasters

• Interdepartmental committees, Section 20 of this Amendment elaborates the constitution of interdepartmental committees  chaired by the Additional Secretary in the Ministry of Information and Broadcasting  and containing representatives from various ministries such as Ministry of Woman and Child Development and Ministry of Home Affairs.

• These committees are directed to come up with their own grievance redressal procedure for complaints arising out of Appeals or references made under Level 1 and Level 2, issues admonishing warnings or guidelines to broadcasters based on the complaints received and provide recommendations to the Central Government for issuing orders and directions to various broadcasters

 II.     Other Provisions of the Amendment :

• Disclosure: All broadcasters are directed to provide full and true disclosure of complaints received and redressal effected.

• Prohibition of transmission of programme: The Central government may at its discretion prohibit the transmission or re-transmission of any such channel or programme not in conformity with the Programme Code after providing such cable operator reasonable opportunity to be heard

• Prohibition of transmission of Advertisement: The Central government may at its discretion prohibit the transmission or re-transmission of any such channel or programme not in conformity with the Advertisement Code after providing such cable operator reasonable opportunity to be heard.

The amendment to these rules is significant as it paves the way for a strong institutional system for redressing grievances while placing accountability and responsibility on the broadcasters and their self-regulating bodies. This move will bring the television’s self-regulatory mechanism at par with that being set-up for OTT players and digital news publishers, as envisaged in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, issued in February,2021.

 Written by

Simran Grover

(Associate)

A&P Partners