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Frames looks at regulation for the media sector
 

Indiantelevision.com Team

(26 March 2007 3:00 pm)

 

MUMBAI: At the Frames convention for the business of
entertainment the first plenary session looked at regulation.

I&B secretary S.K. Arora notes that till five to six years back the broadcasting sector was unregulated. Now one has the uplinking, downlinking guidelines, DTH guidelines. However these were more reactions and not proactive and visionary in nature. Therefore the I&B ministry is looking at a Broadcasting Services Regulation Bill. The aim is to provide an overacrching legislative proposition. The goal is to have regulatory convergence for the three media industries of film, television and radio.

He notes that the challenge is going digital. "While other countries have set deadlines we in India are moving in that direction. Cas was mandated and we will study the results before going further. We also do not believe in the concept of moral policing. There have only been three to four cases where action has been taken (such as with AXN). The Parliament, civil society and the courts have upheld these decisions. Self regulation is key. The government set up a committee to work on a content code. The committee had to differentiate better between U, U/A and A content. The committee set down guidelines to decide what content should not be. Nine parameters of content have been looked at including nudity and sex, religion, violence. Two factors looked at are the subject matter treatment and audio visual presentation. The aim is to have a set of identifiable certification norms after which broadcasters will regulate content with their systems of content auditing."

It has been proposed that industry bodies will be set up for television and radio. They will function in a similar manner to the Advertising Standards Council of India. The bodies will look at content after receiving a complaint. If the complainant is not satisfied with the verdict then he/she can approach the broadcast regulator. "This is how the self regulatory mechanism will work."

He stressed the importance of media reaching the rural areas. Right now the easy areas of urban and semi urban have been covered as can be seen by the number of TV owning homes that exist. India has only reached a 50 per cent penetration in this regard. The government is looking at how different platforms like cable, DTH, IPTV can be used to spread the reach of media across the country. He does not want to only go the mandatory route.

He notes that the film sector is on the upswing. While the concept of parallel cinema is on the decline there is a bottleneck in terms of marketing and distributing films. He is optimistic about rural cinemas with digital screens coming up. The government is overhauling the cinematography act to facilitate this. After all 12,000 halls in the country is extremely low. He notes that India has co-production deals with Germany and Italy. We will sign one with the UK in May. China, France and Brazil are among the countries are waiting for co-production treaties with us to be finalized. He notes that India's USP in film also lies in the areas of visual effects and animation. Alas we have not gone global on our own steam. The co-production treaties that have been signed will help us get more globally integrated he says.

He notes that the upcoming Cannes Film Festival will have two India partnership days. He says that an export promotion council should be formed by the various film bodies in the country. After that the government can look at how it can push our films abroad in a more effective manner.

He notes that India is a liberal country. "We allow FDI in advertising, content production. We have a ceiling on DTH and cable. Unlike countries that have exclusivity for content in India we have a must carry clause. That means that content owners should give their channels to all platforms on a non-discriminatory basis. It works the other way as well."

Sony CEO Kunal Dasgupta says that the must carry clause is applicable to the popular content like Star Plus, Sony and Zee. However it hurts the ability to bring niche channels into the country like a Golf Channel or Court TV. There is not enough quality content in areas like food due to the must carry clause he says. So some flexibility is needed. He says that Indian channels have done a good job to regulate Indian content created from within. Sometimes though content imported from abroad has had issues due to sensibilities. The regulator needs to see that an environment is created whereby viewers get the
relevant content. They do not need all content. A golf channel for instance will run a profitable business with 100,000 paying subscribers. If however it has to provide the channel on all platforms then the business is not viable he argues.

Ofcom deputy chairman Phillip Graf says that navigation tools are the way to go forward in a converged environment. He gives the example of the internet where the user can take advantage of navigation tools to filter search results and also ensure that unsuitable content is not displayed. The challenge is to manage a regulatory process across different platforms. The future model of regulation will neeed shared expectations for the public and the regulator in managing standards. He mentioned the watershed hour of 9 pm regarding protecting children from unsuitable content. Also in the UK the aim for broadcast news is different from print news. That is because the UK has only three news channels - BBC, ITV and Sky. The aim here is to ensure impartiality. For print though there are several publications expressing a diversity of opinions. So all viewers get expressed due to several market players. He also says that Ofcom does not regulate content pre-transmission.

 
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