Chapter - 6
Satellite Channels
6.1 We have already noted how
the broadcasting scenario has undergone a sea change after 1990 following the
advent and rapid proliferation of satellite channels. Direct broadcasting by
satellite by which TV images are transmitted by satellite directly to people's
homes has been available throughout the world since 1989 and in India since
1990 or so (See enclosed chart at Annexure-Xll). We understand that from time
to time, Government of India received requests from foreign satellite channels
to provide uplinking facilities from the Indian soil and that this has not been
agreed to on the ground that this can be seen to violate sovereignty and national
security. The fact remains, however, that whether or not uplinking facilities
are permitted from the Indian soil, there is no way by which we can prevent
such satellites transmitting programmes directly to Indian homes with uplinking
facilities from centres in neighbouring countries notably Hong Kong. It is also
a fact that technologically, it is very difficult, and much too costly, to prevent
such direct transmission. There are stray cases of the banning of dish antenna
in a few countries. But, this involves gigantic enforcement machinery which
one cannot conceive of in Indian situation. Nor will it be liked in India where
we believe in the freedom of media. We, therefore, feel that Government should
change its present policy and consider granting licenses to satellite channels
operators, domestic or foreign, with uplinking facilities from India. In granting
such permission, we do not see any compromise with national security.
6.2 Granting such permission to satellite channels will result
in the following advantages to the nation:-
1. If uplinking from India is permitted, we can stem the outflow of money currently
spent by these channels in uplinking from outside the country, generating substantial
revenue internally and also attracting huge foreign exchange. Such earnings
could be deployed for expansion of reach, uplinking-downlinking capability,
upgrading delivery system and of course programming.
2. Regulatory Control: If uplink licensees are associated with
fair broadcast codes or regulations, the uplinking from India will actually
provide far greater control than the unbridled deregulation. It can be expected
that responsible broadcasters moving in to India would be prepared to voluntarily
submit to such regulations as prevail in other democratic countries. We have
noted some of these regulations such as those promulgated by the authorities
in the U.K. There is also a general Programme Code for AIR and Doordarshan and
Advertising Codes for both AIR and Doordarshan. We recommend that these be applied
mutatis mutandis as necessary terms and conditions while granting licences to
satellite TV or radio channels.
3. Employment and Human Resource Development: The uplinking
would encourage foreign channels to base activities in India rather than other
Asian countries, owing to the strength of our democratic fabric. At present
the ban on uplinking has simply allowed some of our neighbouring countries to
become Asia's hubs, at the expense of India. With an already well developed
film industry and supporting infrastructural facilities, the employment opportunities
for India would be enormous and domestic talent would also have exciting opportunities.
4. Upgradation of knowledge and skills : Indians would benefit
by the exposure to, and the absorption of, other countries' skills and sophistication
in the media and entertainment industries of other countries.
5. Upholding India's Sovereignty: In the event of any serious
threats to national sovereignty
6.3 Our recommendation about a liberal policy in respect of
promoting satellite channels with uplinking facilities in India and also radio
frequencies and our recommendation about permitting local terrestrial TV stations
or radio stations besides earth stations would open up great possibilities of
employment generation all over our vast country and also preservation of local
cultural forms and identities. Even, at present, there are local cable TV/ Radio
stations operating in some of the steel towns like Rourkela, Bhilai and Jamshedpur.
Such examples could proliferate and wherever State Governments, local authorities
or even corporations in respect of their industrial townships wish to set up
local TV or radio stations, they should be encouraged to do so subject, of course,
to some broad disciplines or standards laid down by the independent Radio and
Television Authority of India.
6.4 Once a licence is granted to a foreign or domestic channel,
uplinking facilities can be obtained on business terms from the Engineering
Wing of Doordarshan or All India Radio as also from Videsh Sanchar Nigam, which
also has the requisite technological capability. Many of these advantages, apart
from the specific advantage of foreign exchange earning, will accrue to all
concerned if a liberal policy is formulated in respect of permitting local terrestrial
TV and radio stations. The State Governments, municipal bodies or Panchayati
Raj Institutions can also take advantage of this facility to provide local services
to the local community. It will, however, be necessary to amend the provisions
of the Indian Telegraph Act which, at present, creates a monopoly for Government
for all broadcasting services. We endorse the recommendations of the Inter Departmental
Committee on introducing competition in the electronic media that preference
should be given to setting up new TV/ Radio channels in different parts of the
country for regional broadcast. These transmitters can, over a period of time,
link up suitably either by forming a consortium or by entering into suitable
arrangements amongst themselves, to provide inter-regional network. A summary
of the recommendations of this Inter-Departmental Committee is given in Annexure-Xlll.
6.5 In U.K. all satellite channels are licensed and regulated
by Independent Television Commission (ITC). There are two types of licences.
One is for service transmitted from the United Kingdom using frequencies specifically
designated for broadcasting news and general reception in the U.K. (Domestic
Satellite Service Licence). The other is for services transmitted from the U.K.
using telecommunication frequencies and for general reception in the U.K. or
any European Union Member Country (Non-domestic Satellite Service Licence).
The ITC has so permitted over 100 non-domestic satellite service licences. These
are easily available on demand, provided that the content of proposed services
would not breach the Consumer-Protection Requirements of the U.K. Broadcasting
Act, 1990 and the applications for licence is found to be granted subject to
the fulfillment of appropriate terms and conditions. All licensees have to comply
with certain Consumer Protection Requirements relating to taste and decency
and impartiality in programmes and have to comply with I.T.C. announced Codes
on programmes, sponsorship and advertising. All such licences are valid for
ten years.
6.6 We recommend that a provision to be added in the Prasar
Bharati Act providing for creation of an independent Radio and Television Authority
of lndia to grant licences to satellite channels, domestic or foreign, subject
to the payment of the required application fee and the annual licence fee and
subject to adherence to the standard Codes on broadcasting and advertising of
our country, in particular, the avoidance of indecent or immoral features or
showing disrespect to national sovereignty or national symbols or departed national
leaders and also avoiding any infringement of the security requirements. All
complaints relating to infringement of the standards should be brought before
the Independent Authority which can charge appropriate fines or revoke the licence
in extreme cases after giving to the accused party a reasonable opportunity
to refute the accusations. We notice that in United Kingdom there is a separate
Radio Authority, more or less dealing with same functions that the I.T.C. discharges
in relation to the satellite channels. In the Indian context, we do not recommend
two separate bodies but feel that the same Independent Authority can deal with
satellite TV channels and terrestrial television and radiowaves. The Group has
noted that the local terrestrial televisions and radio stations have made significant
headway in the advanced countries. It is logical to expect that such developments
will take place in India in the near future. In that event, the Authority should
have an open mind about permitting licence to such stations to telecast and
broadcast programmes on normal terms and conditions. In our opinion, all these
developments will augment the revenue resources of the Authority very substantially.
6.7 Ensuring plurality alone may not be an adequate safeguard
unless the electronic media are free from manipulation by commercial or partisan
political interests. It is necessary to prescribe programming obligations and
programming standards for the private operators to ensure quality and diversity
while there will be no change to the cornerstone public service role of AIR
and Doordarshan.
6.8 Allowing private operators to set up radio and television
stations which the Group envisages would not only generate revenue substantially
for the regulatory Authority to make it self-sustaining and truly independent
as already mentioned but will also create an atmosphere of competitiveness in
the field of electronic media which ultimately produce better programmes and
the Group hopes that it will help to develop the overall quality of programming
in the broadcasting. Also, it will lead to the creation of newer employment
opportunities and substantially boost up all round economic activities. It has
also been seen in foreign countries that wherever privatisation has been allowed,
it has ultimately helped in supporting the developmental activities of the Government.
The Group also welcomes the idea of some of the State Governments, Universities
and even the Panchayat Institutions opening up their own small TV/radio stations.
6.9 There is the question of how to deal with a foreign satellite
service with uplinking from a foreign station, telecasting programmes which
are indecent or pornographic or detrimental to national sovereignty or defence
needs. There is nothing that we can do directly in such cases. However, if the
independent Radio and Television Authority considers that the quality of programmes
telecast by any foreign satellite service was unacceptable, it can notify this
to the Central Government and the Central Government may make an order proscribing
this particular service. In the event of such an order, cable operators will
not be allowed to carry that satellite channel to the Indian homes. No doubt,
some people can still get this through their own dish antenna, but they will
be a minuscule minority. Also, our Government can take up the matter with the
Government of the country from where this foreign satellite is uplinked. In
this connection, we notice that under the terms of European Community Broadcasting
Directive all such channels are regulated by the country from which it is transmitted
and the matter can be taken up bilaterally by an aggrieved country with the
other country where from the channel is uplinked.
6.10 The 'Complaints' function which is envisaged for the Broadcasting
Council of India in Section 14 could also be discharged by the same Radio and
Television Authority of India. It will mean that the functions which are envisaged
in this Section will be transferred to it for the reasons given in the Act.
We do not recommend any Member of the Parliament to be nominated to the Broadcasting
Council. In our opinion, the proposed Radio and Television Authority of India
should consist of a full-time President with sound background of the electronic
media and ten Members appointed by the President of India from amongst the public-academia,
consumer activists, social scientists/ researchers. We envisage that regional
branches of the Authority will be located in various regions of the country
to discharge their functions regionally.
6.11 We have noted that there is a Cable Television Networks
(Regulation) Act, 1995 (Copy enclosed at Annexure XIV), but this has not yet
been really given effect to. We also note that in the Budget for 1996-97, a
proposal has been made for putting tax on the cable operators. We strongly feel
that there should be a system of giving licences to the cable operators as in
the USA, the UK and several other countries. Such licence should be subject
to a licence fee and some appropriate terms and conditions under which the cable
operators will be forbidden to distribute the services of satellite channels
where some programmes which have already been distributed are found to offend
against the standards of decency and dignity or their safety and security considerations
of the nation, by the Radio and Television Authority of India on inquiring into
complaints made by consumers' forum or representative organisations.
6.12 We have received representations from Women's Groups about
portrayal of women in the media. They feel that women continue to be stereotyped,
reinforcing the gender bias and general perceptions about women and their capabilities.
Even in women's programmes devised by media professionals women are portrayed
sometimes either as 'victim' or 'aggressor' without bringing out the complexity
of women's personalities and predicaments, these groups aver. Stereotyping of
women and inequality in women's access to and participation in all communication
systems, specially in media, has been identified as one of the critical areas
of concern for the advancement of women and achievement of equality between
women and men. The Platform for Action agreed upon at the 4th World Conference
on Women held at Beijing, in September, 1995 has identified the following strategic
objectives in this regard:
i) Increase the participation and access of women to expression
and decision-making in and through the media and new technologies of communication;
and
ii) Promote a balanced and non-stereotyped portrayal of women
in the media.
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 7