THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF INFORMATION & BROADCASTING
(SHRI MANISH TEWARI)
(a) The Ministry had constituted a committee on 03-10-2005 for reviewing the Programme
and Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995
and Rules framed thereunder and also the guidelines for certification of films prescribed
under the Cinematography Act 1952.
(b) The composition of the Committee is placed at Annexure.
(c) The Committee submitted its report on 05-03-2008 in the form of “Self Regulation
Guidelines for Broadcastersâ€, a copy of which is available on the Ministry’s website at
www.mib.nic.in under the heading of Codes and Guidelines. These Self Regulation Guidelines
set out the principles, guidelines and ethical practices to guide the Broadcasting Service
Provider (BSP). The report has suggested two Tiers of Self Regulation i.e 1st Tier at the
level of Broadcasting Service Provider and the 2nd Tier at the level of Industry. It was
suggested that the Broadcasting Service Provider will have to adhere to Content
Certification Rules, 2008 under the Cable Television Networks (Regulation) Act,
1995 which were proposed to replace the Programme and
Advertising Code as prescribed under Rules 6 and 7 of Cable Television Networks Rules
1994. The Committee had suggested, inter-alia, that each BSP will develop its own Content
Auditors to ensure compliance with the proposed Certification Rule. At the 2nd Tier of Self
Regulatory Mechanism it was suggested to set up Broadcasting Consumer Complaints Committee
(BCCC) which will consist of professional experts to adjudicate on public complaints and
appeal.
(d) & (e) Ministry thereafter held a number of consultations with concerned Stakeholders
on the recommendations of the Committee. However, no consensus could be arrived at during
these consultations. Therefore, determined to take up this issue in a conclusive manner,
the Ministry constituted a Task Force in 2009 under the chairmanship of Secretary,
Information and Broadcasting to evolve a broad consensus on the issue, particularly on the
mechanism envisaged for self-regulation. The Task Force consisting of representatives of
the Ministry and the Broadcasting Industry, held wide ranging consultations with different
stakeholders. A spectrum of views emerged.
Meanwhile, the News Broadcasters Association, which represents Private television news and
current affairs broadcasters, as part of its self-regulation mechanism, formulated a Code
of Ethics and Broadcasting Standards covering a wide range of principles to self-regulate
news broadcasting. NBA also formulated News Broadcasting Standards Regulations. They set
up a Two-Tier structure to deal with content related complaints- at Tier I, by the
individual broadcasters and at Tier II, by News Broadcasting Standards Authority (NBSA).
Indian Broadcasting Foundation (IBF), which is a self-regulatory body of non-News and
entertainment channels, has set up a mechanism for self-regulation. As part of this, IBF
has laid down Content Code & Certification Rules 2011 covering an entire gamut of content-
related principles and criterion for television broadcast. As part of thismechanism, a
two-Tier complaints redressal system has been set up. At the Tier-I level,each Broadcaster
shall set up a Standard and Practices (S&P) Department with a Content Auditor to deal with
the complaints received for content aired on its channels. At the Tier II, a Broadcast
Content Complaints Council (BCCC) has been set up. The BCCC has 13 Members consisting of
a retired Judge of the Supreme Court or High Court as Chairperson and 12 other Members, viz.
4 eminent persons, 4 members from any National level Statutory Commissions and 4 Broadcast
members.
The self-regulation mechanism put in place by the broadcasters, however, does not
replace the existing regulatory function of the Government, arising out of the extant
statute, namely, Cable Television Networks (Regulation) Act, 1995 and Rules framed
thereunder.
