Lok Sabha Question No. 3432 (UNSTARRED), answered on 2017-03-22
Subject: Statutory Body
Ministry: INFORMATION AND BROADCASTING
Asked by: YOGI ADITYANATH

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 3432 TO BE ANSWERED ON 22/03/2017

## STATUTORY BODY

## 3432.  SHRI   YOGI ADITYA NATH:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether  the  Government  proposes  to  constitute  any  statutory  body  for  the redressal of complaints related to the programmes being broadcast on television and radio channels and if so, the details thereof; and
- (b) the  provisions  to  redress  the  complaints  against  T.V.  and  radio  channels  at present?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  INFORMATION  &  BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]

(a)  &  (b).  As  per  existing  regulatory  framework,  private  satellite  TV  channels  are required  to    adhere  to  the  Programme  and  Advertising  Codes  prescribed  under  the Cable Television Networks (Regulation) Act, 1995 and Cable Television Network Rules, 1994 framed thereunder which contain a gamut of criteria to be followed while carrying programmes and advertisement in such TV channels.

FM Radio Channels are required to comply with the terms & conditions of the Grant of Permission Agreement (GOPA) executed between the channel company and the Ministry of Information & Broadcasting at the time of granting permission to run FM radio channels.  GOPA provides that the permission holder shall ensure that no content, messages,  advertisement  or  communication,  transmitted  in  its  Broadcast  Channel  is objectionable, obscene, unauthorized or inconsistent with the laws of India.  It is also prescribed  under  the  GOPA  that  FM  Radio  Channels  should  follow  the  same Programme and Advertisement Codes as followed by All India Radio. These Codes & GOPA contain a whole range of parameters to regulate content on FM channels

It  is further stated that the Ministry has constituted a composite Inter Ministerial Committee (IMC) under the Chairmanship of Additional Secretary, Ministry of I&B and comprising  officers  from  Ministries  of  Home  Affairs,  Defence,  External  Affairs,  Law, Women  &  Child  Development,  Health  &  Family  Welfare,  Consumer  Affairs  and  a representative  from  Advertising  Standards  Council  of  India,  to  take  cognizance  suo moto  or  to  look  into  specific  complaints  regarding  content  telecast  on    private  TV channels including FM Radio.  The final decision regarding penalties and its quantum is taken on the basis of the recommendations of IMC.

As part of the self-regulation mechanism, News Broadcasters Association (NBA) has formulated a Code of Ethics and Broadcasting Standards covering a wide range of principles to self-regulate news broadcasting. They have set up a Two- Tier structure to deal  with  content  related  complaints.  Complaints  are  dealt  with  at  Tier  I,  by  the individual  broadcasters  at  their  level  whereas,  at  Tier  II,  by  News  Broadcasting Standards Authority (NBSA), set up by NBA in 2008.   The NBSA, is headed by Justice R.V.Raveendran, retired judge of Supreme Court.

Indian Broadcasting Foundation (IBF) has set up a mechanism for self-regulation Broadcasting Content Complaints Council (BCCC)  in case of non-news channels. As part  of  this,  IBF  has  laid  down  Content  Code  &  Certification  Rules  2011  covering  an entire  gamut  of  content-related  principles  and  criteria  for  television  broadcast.  The BCCC is presently headed by Justice (Retd.) Mukul Mudgal.

With regard to regulation of advertisements on TV channels, the Code adopted by the Advertising Standards Council of India (ASCI), which is a self-regulatory body, has been incorporated in the Advertising Code stipulated in  Cable Television Networks (Regulation)  Act,  1995  and  Rules  framed  thereunder.  ASCI  has  set  up  Consumer Complaints Council (CCC) to consider complaints in regard to advertisements.

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