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NEW DELHI: The government is proposing to set up a separate disputes
tribunal for broadcast content on the lines of Telecom Disputes
Settlement And Appellate Tribunal (TDSAT) as part of a comprehensive
content regulation framework.
The proposed organisation, likely to be called Content Disputes Settlement
Appellate Tribunal, would have the powers as vested under the Code
of Civil Procedures, 1908, but not totally bound by it.
The content disputes tribunal would take up issues brought to it by
aggrieved parties, including those who feel unfair treatment has been
meted out by the proposed Content Regulatory Authority of India.
The structure of these two organizations are based on the functioning
of Telecom Regulatory Authority of India (Trai) and TDSAT, which
oversee telecom services, including broadcast and cable services
at the moment.
The idea of creating a separate content disputes tribunal is based
on feedback that the government has had from industry stakeholders
and industry bodies like the Federation of Indian Chambers of Commerce
and Industry.
As in the case of TDSAT, any appeal against content disputes tribunal’s
orders can be made only in the Supreme Court. The government is also
proposing to put a penalty on flouting the appellate tribunal’s
order’s, which can go up to Rs 50 million.
Programming scheduling TV channel’s responsibility
Meanwhile, as per a draft of content code being considered in the
I&B ministry, the onus of proper scheduling of programming would
rest with a licensee.
“(The) licensee should take care that the time when minors
are expected to be viewing the programmes, i.e. between 4 pm to
7 pm, the Broadcasting Code should be strictly followed,” a
draft of the code states, stressing clearly on greater degree of
self-regulation on the part of TV channels.
However, as pr another suggestion to the ministry, the restrictions
on the provision of material unsuitable on television programmes
for children should be relaxed on a gradual and progressive basis
after 7 pm.
The assumption is that after 7 pm parents may reasonably be expected
to share responsibility for what their children are permitted to
watch on television.
The proposed content regulator is also unlikely to preview or pre-censor
any TV programme, including films on television. It should be a
licensee’s responsibility to ensure that the viewers are aware
of the classification of the films broadcast on the television.
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