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The
contentious issue of Content Auditor has been dealt with extensively
in the Guidelines, giving the industry the powers they wanted,
by removing the clause in the earlier Code that said that the
Auditors would have to report issues of non-compliance to the
government.
Now,
the Auditors would report violations to the Chief Editor and it
would be his responsibility finally on what goes on air.
The
Guideline says that only cases in which the Broadcast Regulatory
Authority of India (BRAI) would take action - suo moto or on receiving
a complaint - would be violations of the Certification Rules that
have repercussions on the security or integrity of the country
or contravene restrictions under the Theme 6 (Regulation &
Community) or Theme 9 (General Restrictions) of the Certification
Rules.
Also,
segment-wise Broadcast Consumer Complaint Committees would have
to be set up, which would include separate committees for MSOs
(multi-system operators), LCOs (local cable operators), the Indian
Broadcasting Foundation (IBF), News Broadcasters Association (NBA),
Association for Radio Organisations of India, Community Radio
Forum and the Prasar Bharati.
The
BCCCs would have wide-ranging powers, including directions to
channels not to telecast programmes or advertisement, "pending
discussion"; to edit the advertisement or programme, and
order any punitive action "in accordance with the constitution
of the BCCC of the relevant segments of the industry".
While the First Tier would ensure self-regulation at the BSP level,
the Second Tier would be the domain of the industry as a whole.The
BCCCs would play their role there, again a new concept ushered
in by the Guidelines.
"At
both the tiers, it will be the industry that would regulate itself,
which was their demand and so what more can one ask for?"
said an MIB official, without wanting to be identified.
A
copy of the Guidelines is exclusively with indiantelevision.com.
The
first tier would be at the Broadcast Service Provider (BSP) level,
where each such BSP would have to have its "own internal
mechanism to comply with the Rules, for which it may appoint one
or more Content Auditor of requisite qualification and experience".
Each
channel would have to provide details of its Content Auditor/s
on its website and channel for information of the public, and
the information would have to be notified to the MIB.
It
says: "For the purpose of ensuring compliance, each BSP may
develop its own internal guidelines and procedures. However, each
BSP shall consult its Content Auditor/s for assigning appropriate
categorisation as per the Rules in respect of each programme /
advertisement.
"The
Chief Editor of the channel, by whatever designation he is known
in the channel shall be responsible for the final decision to
accept or modify the guidance given by the Content Auditor",
and shall be "finally responsible for self-regulation and
ensure compliance with the Rules".
Another
new aspect in the Guidelines is to deal with Live and interactive
programmes.
In
these, the government felt, that participants' words or ideas
or gestures cannot be edited out, so the Chief Editor would have
to satisfy himself that adequate briefing have been given to the
participants about the certification norms and indemnify the BSP
against any deliberate violations by them.
An
important new aspect that had been a demand of the industry, especially
the news channels, has been taken care of, wherein the Guidelines
says that while the Content Auditor would bring to the notice
of the Chief Editor any violation of the Rules, "The ultimate
decision of such a matter shall be the responsibility of the Chief
Editor."
The
second tier would be at the Industry Level, at which the "Central
Government or the Broadcast Regulatory Authority of India would
appoint industry-segment level organisations to set up their respective
Broadcast Consumers Complaint Committees, who would have to deal
with and respond to complaints within specific time limits."
It
is here that the MSOs and LCOs have been empowered for the first
time to set up their own BCCCs to deal with programme content
complaints from subscribers.
The
list of other industry-segments that would have to set up their
own BCCCs include the IBF, NBA, Association of Radio Operators
of India, Community Radio Forum and Prasar Bharati.
The
Introduction to the Guidelines says: "These Guidelines set
out principles… and ethical practices which shall guide the
BSPs on offering programming services…" and also says
that "These Guidelines have been drafted to introduce greater
specificity …and minimse scope for subjective decision by
the regulatory authorities or the BSPs."
Since
the Guidelines are self-regulatory, which has been a consistent
industry demand, the onus, the government says, would be on the
BSP when forming a view on the acceptability of any programme.
The
industry demand for watershed timing has been accepted and made
progressive, from 8 pm onwards, under the assumption that from
that time of the day "parents are expected to share the responsibility
of what their children are permitted to watch on TV".
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