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NBA slams government move to impose 5-violation norm

News broadcasters call it arbitrary and against the Constitutional right to freedom of speech and expression

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NBA slams government move to impose 5-violation norm

News broadcasters call it arbitrary and against the Constitutional right to freedom of speech and expression

BestMediaInfo Bureau | Delhi | October 10, 2011

publive-imageWhenever news channels take an objective but critical stance on issues that throw the government in poor light, the government counters with its only weapon – content regulation. From what was seen on television screens during the Anna Hazare movement, it was obvious that sooner or later, the government will launch a defensive action.

The Union Cabinet on Friday cleared a proposal by the I&B ministry whereby a television channel, if found "guilty" of violating the terms and conditions of permission including violations of the programme and advertisement code on five occasions or more, the ministry may decline to renew the telecast permission of such channels.

The amended guidelines stated that “renewal of the permissions of TV channels will be considered for a period of ten years at a time, subject to the condition that the channel should not have been found guilty of violating the terms and conditions of permission including violations of the programme and advertisement code on five occasions or more.”

However, it is not clear which channels, if any, are currently at risk of falling foul of this new clause.

Besides several reactions from civil society, the Broadcast Editors' Association (BEA) reacted immediately by asking the government to withdraw its proposal. BEA president Shazi Zaman said, "The new norms of renewal of news channel licence are shocking. The government has subverted self-regulation by putting the five-violation clause for renewal. This clause has a dangerous potential for arbitrary use. It is a direct attack by government on freedom of speech and should be reversed immediately."

Though a bit late, on Sunday, the News Broadcasters Association (NBA) reacted sharply. “The NBA notes with regret that the Cabinet has purportedly approved certain modifications to the Uplinking & Downlinking Guidelines including one which provides that if a television channel is found “guilty” of violating the terms and conditions of permission including violations of the Programme & Advertisement Code on five occasions or more, the Ministry of Information & Broadcasting may decline to renew the permission of such television channels,” it said in a communiqué.

NBA further stated: “Firstly, there is no such requirement under the existing Uplinking & Downlinking Guidelines for renewal.  Secondly, there certainly cannot be any power vested in the MIB to cancel or “refuse to renew” a broadcaster's licence on their subjective view that a television channel has violated the terms of the Uplinking & Downlinking Guidelines or the provisions of the Cable TV Act.”

“In the past the MIB has issued showcause notices to broadcasters on various counts. However, the proceedings pursuant to such notices have been conducted internally within the MIB and have never been in the nature of adjudication. Be that as it may, certain other broadcasters have complied with directions issued by the MIB for running apologies and even shutting down their channels for certain periods of time. To now retrospectively use such proceedings to deny permission to broadcast in future is wholly arbitrary, unfair, illegal and unconstitutional,” the NBA said.

The association voiced that the proposed modification of the Uplinking and Downlinking Guidelines is a direct assault on the self-regulatory regime put in place by broadcasters, which has been encouraged and recognised by MIB. “Such proposed step is wholly retrograde and places broadcasters at the arbitrary mercy of the MIB, and is therefore a violation of the constitutional right to freedom of speech and expression and will not be countenanced by the NBA,” protested NBA.

The NBA urged the government to urgently review the regressive decision. It is also planning to meet I&B Minister Ambika Soni to convey its concerns over the matter.

Info@BestMediaInfo.com

Info@BestMediaInfo.com

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