Words from the Horse's Mouth - "The modifications to the up linking and down linking guidelines were a "retrograde'' step and should be reversed" . This is what was said by the NBA in reply to the new norms introduced by the government of India, also describing this action as a "Direct Assault" (As published in Times Of India, October 10' 2011). The organization noted with "regret" that the Cabinet had approved policy changes even when there was no requirement for the five violation clause under the existing guidelines for renewal. The association also said that the power to cancel or "refuse to renew" a broadcaster's licence could not rest on the "subjective view'' of the I&B ministry.
Citing past instances, the NBA statement said the ministry had issued showcause notices to broadcasters on various counts. "However, the proceedings pursuant to such notices have been conducted internally within the ministry and never has been in the nature of adjudication. Be that as it may, certain other broadcasters have complied with directions issued by the ministry 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 for future is wholly arbitrary, unfair, illegal and unconstitutional," the NBA said. Expressing "deep anguish", the NBA urged the government to urgently review the "regressive decision which would be anathema to the constitutional framework of our country". NBA representatives have also sought time with I&B minister Ambika Soni to express their concern on the issue.
Now the point to note is that every coin has two sides and it would be highly unfair to look and consider only one of it. An undeniable fact is that India’s television business remains a profitable growth industry with combined revenue of Rs22,600 crore, including advertising revenue of Rs800 crore, in 2007. The onset of color television came in the 1980s and then, in the early 1990s, the broadcast of satellite TV by foreign programmers such as Cable News Network and later News Corp's Star TV. Keeping in mind that Indian viewers are now exposed to at least 375 channels with multiple operators and niche channels, multiple owners with multiple interests have posed challenges for ethics, accountability and transparency across the industry. Amid intense competition, the need for quality standards and parameters (such as ISO and ISI marks for grading quality) seem ever more critical, both for companies as well as for audiences.
In its defence, government sources claim the norms have been in works for over 15 months and were made in consultation with all stakeholders and on the recommendations of sector watchdog Telecom Regulatory Authority of India (Trai). “The aim is to deter non-serious applicants from crowding the media landscape and to have effective guidelines punish those who violate norms. If the government wanted to control the media, as alleged, it could have adopted what Trai had recommended – Rs 100 crore net worth requirement for a news channel licence and Rs 25 crore for non-news channel licence. But it did not and came up with something which will not stop the growth of media business,” said a senior government official. The official also said that the Cable TV Act always had the provision of withdrawal/cancellation/non-renewal of TV licence for violators; so there is nothing new in the revised guidelines.
But it seems that the NBA stands pretty strong on its point. On its part, NBA said there was “no requirement” for such a norm. “There certainly cannot be any power vested in the I&B ministry to cancel or 'refuse to renew' a broadcaster’s licence on their subjective view that a television channel has violated the terms of the Up linking & Downlinking guidelines or the provisions of the Cable TV Act,” NBA said in a statement. Broadcasters are not buying the argument on the renewal norms. “A government official can pull up an individual channel on content for four times on one pretext or the other and finally threaten that channel with non-renewal, should it not fall in line,” BEA said.
To conclude we can say that both the sides of the coin are till now quite equal in their probability of getting their chosen side. However, which side is the right one, that time will tell when things get unfold in future. Till then..... the coin continues to Toss !!
