Broadcasting Code In India And Fourth Asian Broadcasting Conference, 1962

Introduction

It is the right of every citizen to exercise the right to broadcast his or her article, book, painting and own views through different kinds of broadcasting media like T.V channels, radio, newspapers, magazines, mobile networks etc. Article 19 (1)(a) of the Indian Constitution protects and ensures this right of speech and expression. But it is important to remember that an individual’s right of speech and expression may be restricted under certain situations if such right harms another person. So, there are various Acts, Codes and Regulations regarding such restrictions on broadcasting media.

           As we know there are varieties of broadcasting services, a broadcasting company must have two types of licenses:

1. A Grant of Permission (GOPA) to offer broadcast services issued by the Ministry of Information and Broadcasting under the Indian Telegraph Act, 1885.
2. A wireless operating license from the WPC (Wireless Planning and Coordination Authority) Wing of the Ministry of Communication and Information Technology under the Indian Wireless Telegraphy Act, 1933.

What are Broadcasting and Broadcasting Code?

Broadcasting includes sending information containing signals, print messages, any kind of video and audio to a large group of people using television, radio, newspapers, magazines and internet both electronically and simultaneously. The Broadcasting Code means a code of practice or regulations for the good conduct of the broadcasters. Broadcasting also includes films and OTT platforms. Films are regulated by the Cinematography Act.

      India has its own Broadcasting Code that is The Prasar Bharati (Broadcasting Corporation of India) Act, 1990. The Act consists 35 Sections and also some rules and regulations to define its composition, functions and powers regarding broadcasting media.

Broadcasting in India

In recent times, there are plenty broadcasting services in India like cable TV both analogue and digital, DTH services, terrestrial services known as Doordarshan, Internet Protocol Television (IPTV), radio including FM radio, community radio etc. But before the widespread of internet services OTT platforms were not that much popular. But now OTT platforms are also included herein and made under government control. The television broadcast ecosystem has three stakeholders, namely, broadcasters, distributors and consumers. Broadcasters make content for TV and distributors provide it to the consumers using certain technologies like cable, direct to home (DTH), head-end in the sky (HITS) or internet protocol (IPTV)[1].

    To provide better conduct of the broadcasters, several Acts are made till now. The following are such Acts and regulations which deal with the broadcasting media:

1.  The Telegraph Act, 1885.
2. Prasar Bharati (Broadcasting Corporation of India) Act, 1990.
3. Cable Television Networks (Regulation) Act, 1995.
4. Telecom Regulatory Authority of India Act, 1997, etc.

We will discuss about the Broadcasting Code of India in this article and discuss certain rules, powers mentioned in the Prasar Bharati Act, 1990.

PRASAR BHARATI (Broadcasting Corporation of India) ACT, 1990

Broadcasting: According to Clause (c) of Section 2 of this Act, “broadcasting” means the circulation of any kind of communication like signs, signals, write-ups, photos, videos and audios of all kinds by transference of electro-magnetic waves through the space or through cables which are intended to be received by the consumers either directly or indirectly through the medium of amplifier and all its grammatical variations and cognate expressions shall be construed accordingly.

 Clause (h) of section 2 defines “Doordarshan” as to, the offices, companies and other institutions, by whatever name called, which, immediately before the appointed day, formed part of or were under the Directorate-General, Doordarshan of the Union Ministry of Information and Broadcasting.

Functions and Powers of The Corporation

Section 12(2) speaks about some functions and powers given to this corporation to exercise.

1. It should validate the unity and integrity of the country and the values which are enshrined in our Constitution.
2. In the matter of public interest, it should protect the citizen’s right to information willingly, transparently and honestly by presenting an upright and steady flow of information.
3. It should give special importance towards education and literacy, agriculture, rural development, environment, health and family welfare and science and technology.
4. It should cover the diversity of cultures and languages of the various ranges of the country by disseminating appropriate programmes.
5. Broadcasting media should cover all sorts of sports and games to encourage healthy competition and the spirit of sportsmanship.
6. It should show appropriate programmes keeping the special needs of the youth in mind.
7. It is the duty to inform and stimulate the National consciousness regarding the status and problems of women in the society and it should give special importance to the empowerment of women.
8. It should spread awareness about social justice and raise voice against exploitation, inequality and such evils as untouchability and also it should boost the welfare of the weaker sections of the society.
9. It should protect the rights and interests of the working classes and facilitate their welfare.
10. It should help the rural and weaker sections of the people and those residing in border regions, backward or remote areas.
11. It should show proper and appropriate programmes observing the special needs of the minorities and tribal communities in mind.
12. It should take special measures to safeguard the interests of the children, the blind, the aged, the handicapped and other weaker sections of people.
13. It should boost up national integration by disseminating such programmes in a manner that will help communicate in the languages of India; and facilitate the distribution of regional broadcasting services in every State in the languages of that State.
14. It should provide a global coverage through broadcasting media by an appropriate technology and the best usage of the broadcast frequencies available and ensuring high quality reception.
15. It should make sure that the radio and television broadcast technology are constantly updated to encourage research work and development activities.
16. It should expand itself by adding more channels of communication of different levels.

Restrictions Made by the Broadcast Code

1. Broadcast code does not allow criticism of friendly countries.
2. Any kind of demeaning attack or misinformation on religions and communities is not allowed.
3. Any type of obscene or defamatory statement is not permitted.
4. Any kind of news or else to incite violence against peace of the State and maintenance of law and order.
5. Anything amounting to contempt of Court.
6. Attack on any political party by name.  
7. Aspersion against the integrity of the President, Governors and the Judiciary.
8. Hostile criticism of any particular State or the Centre etc.

Fourth Asian Broadcasting Conference, 1962

The broadcast media was under complete monopoly of the Government of India. Private organizations were involved only in commercial advertising and sponsorships of programmes. But, the Supreme Court in the case of Secretary, Ministry of I&B v. CAB[2], clearly stated that Government should not have such monopolistic control over media and every citizen of the country has his right to telecast and broadcast to the viewers or users any kind of event or news through electronic media, television or anything else. And the Court also held that there is no such power of monopoly of the Government mentioned in the Constitution or any other laws. Thus, the Judgement of this particular case brought a huge difference in the position of broadcasting media and also these sectors and medias have become free from such control and open to the general public[3].

The Broadcasting Code was adopted by the Fourth Asian Broadcasting Conference in 1962 which consisted of certain rules to be followed by the electronic media. Such principles or rules regarding the Code are as follows:

• The Broadcasting Media has to ensure the objective presentation of news with fair and unbiased comments.
• Media has to promote the advancement of education and culture.
• To raise and maintain high standards of decency and decorum in all programmes.
• To maintain and spread communal harmony, religious tolerance and international relations.
• Media has to treat controversial public issues in an impartial manner.
• Media must have to respect the human rights and dignity.
• Cable Television Networks (Regulation) Act, 1995 generally regulates the functions of Cable Television throughout India and operates the subscription rates and the total number of total subscribers receiving programmes transmitted in the basic tier. In pursuance of the Cable Television Network (Regulation) (Amendment) Bill, 2002, the Central Government may make it obligatory for every cable operator to transmit or retransmit programme of any pay channel through an addressable system as and when the Central Government so notifies. Such notification may also specify the number of free to air channels forming the basic service tier.

Conclusion

The broadcasting media has spread its scope throughout the world and also to the extent of cyber media. As a result of such expansion of broadcasting media, plenty of laws regarding broadcasting are made. It is really very necessary to make such laws governing the condition of such media as technologies are changing as well as broadcasting methods. To ensure peace throughout the country and to ensure each and every citizen of the Country, the right of “Freedom of Speech and Expression” enshrined under Article 19 (1)(a) of the Constitution the media should also be aware of such rules and regulations made for them to follow.

---

References

[1] https://blog.ipleaders.in/regulation-of-broadcasting-of-media-in-india/amp/

[2] Secretary, Ministry of I&B v. CAB, (1995) 2 SCC 161

[3] https://www.legalserviceindia.com/articles/media.htm