Lok Sabha Question No. 495 (UNSTARRED), answered on 2017-07-19
Subject: Guidelines on Public Complaints
Ministry: INFORMATION AND BROADCASTING
Asked by: G. HARI

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 495 TO BE ANSWERED ON 19/07/2017

## GUIDELINES ON PUBLIC COMPLAINTS

## 495. SHRI G. HARI:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether the Government is considering to set up a mechanism to deal with citizens' complaints about the content telecast or aired by private channels and radio and if so, the details thereof; and
- (b) whether the Government is considering to frame formal guidelines on the limitation period  for  filing  such  public  complaints,  procedure  to  be  followed,  etc.  under  the Cable Network Act and if so, the details thereof?

## 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.

Further,  Ministry  has  constituted  a  composite  Inter  Ministerial  Committee  (IMC) 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  on  private  TV  channels  on  any platform  including  FM  Radio.  The  final  decision  regarding  penalties  and  its  quantum  is taken on the basis of the recommendations of IMC.

In a judgment delivered on 12.01.2017, with regard to WP No. 1024 of 2013 in the case of Common Cause Vs. UOI & Ors, the Hon'ble Supreme Court of India has advised the Government to formalize the complaint redressal mechanism including the period of limitation within which a complaint can be filed and the concerned statutory authority which shall adjudicate upon the same including the appellate and other redressal mechanisms, leading to a final conclusive determination.

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