Delhi HC asks govt for report on TV programming code

The Delhi High Court today asked the government to provide an action-taken report on television programming and advertising code that the latter presented to the court earlier on a public interest litigation (PIL) on obscenity in the media. The action-taken report has to be submitted in four weeks.

The broadcast media industry is viewing the development with caution as the government's note on the content code and self-regulation guidelines for TV channels does not include the suggestions made by two major private television channels' representative bodies "" the News Broadcasters' Association (NBA) for news channels and the Indian Broadcasting Foundation (IBF) representing the interests of the general entertainment and niche channels.

Worried that it may not have a say in the self-regulation guidelines, the NBA appeared in the court today and said it has been preparing its self regulation code and redressal mechanism details, which it would like to present to the government.

"We told the court that we have been pushed aside and our suggestions must be on record with the ministry as our interests are very different from those of the entertainment channels," said an NBA spokesperson. The court asked the association to send its recommendations to the government in a week.

Meanwhile, the IBF has also written to the ministry objecting to the exclusion of its suggestions in the code and sought a meeting with Information and Broadcasting Minister Priyaranjan Dasmunsi.

In its letter to the minister, IBF president Jawahar Goel has said that the content code and self-regulation guidelines must be arrived at after consultations with the body.

"Only one of our recommendations was mentioned and it was quoted out of context. It showed us in a bad light. Our 17-page document and suggestions on the redressal system were not annexed," said an IBF spokesperson.

In the annexure attached to the affidavit placed by the Ministry of Information and Broadcasting in the PIL, I&B Secretary Asha Swarup stated that the recommendations of the IBF could not be included as they were not acceptable.

"Keeping in mind public sensitivities, the structure of IBF draft has not been followed as they have suggested airing of top frontal nudity, unacceptable in the Indian context," her note states.

The note adds that NBA's recommendations could not be included as it did not meet the deadline for sending it. After several meetings with the broadcasters between 2005 and 2007, the NBA was given a deadline of January 2008. "A further request was made to extend the date up to February 21, but nothing has been heard from them so far."

"...Therefore now, after considering all the responses received in favour of and against the draft guidelines, it has been decided to submit the report of the main committee constituted for reviewing programme and advertising codes prescribed under the Cable and Television Networks Regulation Act, 1995, and the rules framed thereunder and the guidelines for certification of films prescribed under the Cinematograph Act 1952. The report is enclosed for kind consideration of the government," the note states.

The news channel heads did not wish to go on record on the issue but maintained that the matter was serious. "If the current guidelines come into force, news channels will not be able to do any investigative reporting," said the COO of a Hindi news channel.