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Early information gathered by indiantelevision.com shows that the
proposed BRA will be responsible for formulation of programming
and advertising codes for television broadcasting.
According to government sources, the proposed regulator would be
given powers to implement its guidelines and maybe powers to penalise
defaulters. They also added that the BRA may function as a quasi-judicial
organisation on the lines of the earlier version of Telecom Regulatory
Authority of India (TRAI) which also had powers to settle disputes
and penalise errant telecom companies.
The sources added that the licensing powers would rest with the
ministry of information and broadcasting, unlike as envisaged for
the super-regulator for the IT, broadcasting and telecom sector
in the Communications Convergence Bill 2001.
According to senior government officials, BRA would also function
and have powers on the lines of the proposed content bureau as envisaged
in the Communications Convergence Bill.
BRA is another step taken by Swaraj to get in place legislation
relating to broadcasting in a piecemeal fashion and ahead of the
Communications Convergence Bill that has got delayed because of
a report of the Standing Committee on IT & telecom which has, amongst
other things, questioned the very need for an omnibus convergence
law at this moment.
The broadcasting regulator would have powers to make appropriate
recommendations to the government with regard to any programming
and advertising codes.
According to the sources, BRA would address concerns of public
order and decency, preservation of cultural diversity, prevention
of excessive depiction of sex and violence, national security, integrity
and sovereignty and protection of children from undesirable programmes
and advertisements --- issues which have been irking members of
parliament.
The proposed regulator would also have powers to issue regulations,
specific codes and standards to ensure fairness and impartiality
in views expressed aired in programmes.
According to sources, one of the options under consideration includes,
giving quasi judicial powers to the regulator. This would give the
regulatory authority adequate powers to penalise channels, which
do not toe the BRA's line.
The ministry earlier had planned to set up a media council replacing
the Press Council which would also have the broadcasting media under
its ambit. However, with content regulation on TV falling under
the purview of the proposed super-regulator Communication Commission
of India, the plan was dropped.
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