FICCI highlights concerns, suggest changes to NCPCR's draft guidelines on child protection in entertainment industry

The Federation of Indian Chambers of Commerce & Industry (FICCI) has responded to the draft guidelines issued a few days ago by the National Commission for Protection of Child Rights (NCPCR) and has also made a few suggestions. 

Earlier, the NCPCR had issued draft guidelines for ensuring child protection and safe employment within the entertainment industry. The guidelines regulated the participation of children in films, TV, reality shows, OTT platforms, news and even social media platforms. 

A few guidelines drafted by the commission include: - no child should be cast in a role or situation that is inappropriate and may distress them. Put them in embarrassing situations considering age, maturity, emotional development and sensitivity.

They also suggest that no child should work for more than six hours and a break be given to them every three hours.

In its reply to the guidelines, FICCI stated, “The drafting of guidelines springs from good intentions of protecting children’s rights and safeguarding their welfare. However, we would like to take this opportunity to highlight our key concerns and issues with the Draft Guidelines and recommend another way forward.” 

The trade body in its response added:

1. First, we would like to clarify the position as stated in the preface that “no specific regulation or rule has been put in place for protection of the child artists in the adult dominated industry. 
2. Second, we would like to draw attention to stakeholders’ questions around the Commission’s power to frame such guidelines and hence the legal status of the guidelines. 
3. Third, we would like to emphasise issues with the Guidelines’ interpretations of certain provisions of existing statutes including expanding the scope and how such initiatives create a parallel regulatory framework and confusion. 
4. Fourth, we would like to highlight the potential implications of such parallel frameworks above issues on children’s right to expression and right to participation in the entertainment industry.
5. Finally, we present our recommendations and way forward. 

The industry body, in its response, further elaborated on the points above and countered the point that no specific regulation or rule has been put in place for protection of the child artists in the adult-dominated industry. “This premise overlooks that in addition to the general provisions, there are specific legal provisions to protect child artists such as in the Child Labour (Prohibition and Regulation) Act, 1986. The Juvenile Justice (Care and Protection of Children) Act, 2015 and the Protection of Children from Sexual Offences Act, 2012 protect children’s welfare and are applicable to all commercial entertainment activities.” 

“We are making this submission with a view to ensure that the best interest of the child is upheld, and to avoid any parallel regulatory framework that could have several unintended consequences for children’s freedom of speech and expression and for India’s vibrant creative economy,” FICCI said in its response. 

The body further said that some points mentioned in the guidelines may confuse the stakeholders. “With respect to section 19 of the Draft on the use of child in advertisement, the CCPA (Central Consumer Protection Authority) notification already regulates advertisement targeting kids. Thus, the Guidelines create confusion on the accountability framework of existing statutes for different stakeholders such as the producers, the parents/legal guardians and broadcasters,” said the body. 

It must be noted that the Draft Guidelines have been created through the mandate given to the NCPCR under Section 13 of the Commissions for Protection of Child Rights Act, 2005. (“CPCR Act”), Section 13(1)(a) and Section 13(1)(j) and 13 (1) (k). 

However, the trade body said that the power of the commission under Section 13(1)(a) are purely recommendatory in nature. “The power of the commission under Section 13(1)(a) are purely recommendatory in nature. The Commission does not have the power to legislate. Under Section 13(1)(j), the commission can only enquire about the complaints and then take suo motu notice of matters relating to non-implementation or non-compliance with existing provisions. However, it does not grant the Commission the power to issue guidelines or the power to regulate content in any manner that is binding /obligatory on the stakeholders.” 

“Given that there are legislative frameworks (parent statutes and rules) for the existing provisions, it is beyond the NCPCR’s authority to create a parallel regulatory framework (including any binding guidelines) without specific authorisation,” it added. 

The body further added that there are already existing statutes to protect the rights of children such as The Child Labour (Prohibition and Regulation) Act, 1986, Juvenile Justice (Care and Protection of Children) Act, 2015, Protection of Children from Sexual Offences Act, 2012 and Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. 

“We strongly recommend that the Commission avoid creating any parallel regulatory framework. If the Commission’s intent is to increase awareness, there are more effective means to convey this, including publishing a white paper with a set of recommendations, pan-India awareness workshops, and collaboration with stakeholders,” FICCI said. 

“Another avenue for increasing awareness and effectively implementing existing legal provisions is through collaboration with self-regulatory bodies. As noted above, there are recognised and reputed self-regulatory bodies for television, OTT and advertising which are functioning well to regulate content,” it added. 

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