Proposed Power Structure Limits Broadcast Freedom

The broadcast bill, slated to be introduced in Parliament this week, proposes to give wide ranging powers to the broadcast authority of India (BAI) when it comes into existence as well as the Union government. Providing such powers to the authority is considered to be in violation of the sprit of the bill: autonomy.

Although bureaucratic control has been brought down in the structuring of BAI, the information & broadcasting and telecom secretaries remain ex-officio members. Earlier, the home ministry and the external affairs ministries too wanted their nominees in BAI. A copy of the bill, available with Business Standard, states that the chairman of BAI will be appointed by the President in consultation with the Vice-President and the information and broadcasting minister.

 

The ceiling on foreign equity proposed in case of joint ventures (barring terrestrial broadcasting) is 49 per cent, but the bill adds that foreign equity... shall be notified by the government from time to time.

This clause can be used as a stick to beat foreign investors, as it leaves open the option of lowering the foreign equity ceiling. It can also be used to offer sops by raising the cap. BAI will continuously monitor programmes beamed in the country by various satellite channels and Doordarshan by appointing a committee that will make reports on the portrayal of violence and sexual conduct in and the standards of taste and decency observed in programmes and the effect it can have on viewers and society.

The bill states: The licensees shall follow the programme standards and codes set by the authority.

This can mean that the BAI committee can decide that Indians are not yet ready for programmes like Bold and the Beautiful and Baywatch (both on Star Plus), The Young and the Restless (on Sony Entertainment Television), and the chat shows on most channels discussing issues like teenage pregnancy, adultery, incest and criminalisation of politics.

The bill also prohibits local authorities and governments from obtaining licences for broadcast services.

The Cable Television Networks (regulation) Act, 1995, will be repealed once the broadcast bill is enacted into a law. Cable operators can continue providing the service after obtaining a licence from BAI.

The bill disqualifies the following for issue of licence: an individual who is not an Indian, a partnership firm all of whose partners are not citizens of India, companies not incorporated in India, companies incorporated in India but with foreign equity in case of terrestrial broadcast service and foreign equity exceeding 49 per cent in case of other services not mentioned.