Chapter - 1
Introduction
1.1 This group
was set up by the Ministry of Information and Broadcasting vide a
notification dated 28th December, 1995 under the Chairmanship of
Dr.N.K.Sengupta to review the provisions of Prasar Bharati
(Broadcasting Corporation of India) Act, 1990 and to make
recommendations regarding the restructuring of Prasar Bharati.
Besides Dr. Sengupta, the other Members are Brig. M.R.Narayanan
and Shri Ved Leekha.
1.2 Dramatic Changes have taken place at a dizzy
pace on the media front since the passing of the Prasar Bharati
Act in 1990. The advent of satellite channels and their rapid
proliferation have substantially transformed the environment that
Prevailed till 1990 when Prasar Bharati, the autonomous
broadcasting corporation was envisaged in the 1990 Act passed by
the Parliament and awaiting implementation. A complete rethinking
of the role, organisation and functions of Prasar Bharati became
necessary in a multi-channel scenario, mostly driven by market
forces, Prasar Bharati needs the requisite degree of flexibility
and financial powers to hold its own. There has been a constant
debate concerning the quality and purpose of Indian Broadcasting
quite for some time now. Some basic questions will have to be
addressed to be able to evolve a vibrant and versatile model of a
national broadcasting system, including a reinvigorated Prasar
Bharati, in a vastly changed and fast-changing scenario. It was
in this context and in order to undertake a comprehensive review
that the Government of India has constituted an expert group.
Annexure-I to this report contains a copy of the notification.
Shri T.R. Malakar, Deputy Director General, All India Radio has
been nominated as the Coordinator to assist the Group in its
deliberations and in finalising the report.
1.3 The Group had several meetings and also
interacted with media experts, representatives of various
associations of the employees of Doordarshan and All India Radio,
senior executives of AIR and Doordarshan stationed in Delhi,
Bombay, Calcutta and Madras and eminent people representing
different walks Of life such as management, education,
literature, culture, arts, music, dramatics and journalism. The
Group also visited the headquarters of Coal India, Calcutta,
Indian Airlines, Delhi and Air India and General Insurance
Company, Bombay to interact with the senior management in these
organisations to study their respective management structures.
The Group also received representations from different quarters.
A list of all those who had appeared before the Group or sent
representations, is given in Annexure-II.
1.4 The Group had to complete its deliberations
within a short time, barely 3 to 4 months, which too were
interrupted by political developments and General Elections of
1996. Also, the Chairman had to he away from Delhi under
unavoidable circumstances for a period of over seven weeks, in
two spells. However, it is a matter of gratification that the
changes in the Government did not in any way hamper the working
of the Group.
1.5 The Chairman took advantage of his visit to
London in June, 1996 in some other connection to call on Right
Honorable Virginia Bottomley M.P., Secretary of State for
National Heritage who is the Administrative Minister for BBC and
spent some time with her and other officials of the Ministry and
the BBC to ascertain how in the United Kingdom they are ensuring
the autonomous functioning of the BBC and also facing the
problems caused by the explosion of satellite channels. He is
thankful to the Secretary of State and the other British
officials who found time to meet him. This discussion and the
material obtained from them have been of great help in the
deliberations of the Group.
1.6 The Group notes that there has been a sea
change in the present media scenario in the world and in India
since the Prasar Bharati Act was enacted in September, 1990. In a
short span of five years, there was a significant paradigm shift
from State monopoly of electronic media to virtual laissez
faire. The privatisation of AIR's FM Service by way of
leasing out of slots to private operators and the plethora of
satellite channels have ended the monopoly of the State-owned
electronic media. This is however more true of television than of
radio. More significantly, in the light of the recent judgement
of the Supreme Court, Government is required to set up an
independent authority to regulate the airwaves. And, Prasar
Bharati will eventually be only one of the players in the
broadcasting arena. The Supreme Court of India, in its judgement
delivered by Justice P.B. Sawant and Justice 5. Mohan, on 9th
February, 1995 in Secretary, I&B & Ors..... Petitioners
vs. Cricket Association of Bengal & Ors..... Respondents,
held that:
"(i) The airwaves or
frequencies are a public property. Their use has to be controlled
and regulated by a public authority in the interests of the
public and to prevent the invasion of their rights. Since the
electronic media involves the use of the airwaves, this factor
creates an in-built restriction on its use as in the case of any
other public property.
(ii) The right to impart and receive information is a species of
the right of freedom of speech and expression guaranteed by
Article 19(1)(a) of the Constitution. A citizen has a fundamental
right to use the best means of imparting and receiving
information and as such to have an access to telecasting for the
purpose. However, this right to have an access to telecasting has
limitations on account of the use of the public property, viz.,
the airwaves, involved in the exercise of the right and can be
controlled and regulated by the public authority. This limitation
imposed by the nature of the public property involved in the use
of the electronic media is in addition to the restrictions
imposed on the right to freedom of speech and expression under
Article 19(2) of the Constitution.
(iii) The Central Government shall take immediate steps to
establish an independent autonomous public authority
representative of all sections and interests in the society to
control and regulate the use of the airwaves".
1.7 Justice B.P.Jeevan Reddy
delivering a separate concurring judgement in the above mentioned case observed:
"While I agree broadly with the conclusions arrived at by my learned brother
Sawant, J., I propose to record my views and conclusions on the issues arising
in these matters in view of their far-reaching importance". Excerpts from
the summary of this judgment are given in Annexure-III.
1.8 While the Parliament and the Government were contemplating
creation of autonomous electronic media free from political and other extraneous
pressures, the satellite T.V. channels made their appearance during the same
year starting with the STAR T.V. These channels proliferated very rapidly and
India was inexorably drawn into their purview. The monopoly that Doordarshan
had enjoyed in the country since its inception became the very first casualty.
More and more satellite channels started directly bringing their programmes
to Indian homes over which no one could have any control. The information and
communication revolution that swept across the world during the nineties has
for all practical purposes, obliterated national frontiers and our traditional
concepts of national sovereignty over the airwaves. Recent experience in other
countries also bear it out that whether or not a government permits a foreign
satellite channel uplinking facilities in its territory, it is simply impossible
to prevent the same channel with uplinking facility in other country form beaming
its programmes directly into the homes in its country. Thus, there is no point
being ostrich-like by refusing to grant such permission and not facing the real
issue which is that it may be a better option to grant permission and having
satellite channels under some discipline rather than letting them operate as
free uncontrolled agents. On the other hand, despite the proliferation of the
satellite channels, and the government controlled electronic media losing their
earlier monopoly, paradoxically, the need for autonomy for electronic media
re- mains stronger. They have to compete successfully with new challengers who
have entered into the arena and at the same time successfully reflect the true
non-political facets of our nation and its rich and variegated cultural heritage.
It is, in this context, that the Group proceeded with its deliberations bearing
in mind that the present unimplemented Act requires certain relevant modifications
if it has to reflect the true spirit of autonomy, accountability and national
needs and aspirations. The Group is of the opinion that there is no need to
change the whole Act, but would recommend that it is necessary to alter some
of the provisions, introduce some newer ones and delete few of the existing
provisions in order to make this Act workable.
Acknowledgments:
1.9 The Group acknowledge their gratefulness to all those who
had participated in the deliberations of the Group at our invitation and also
to those who had sent representations. These interactions were stimulating and
rewarding in gaining valuable insights.
1.10 The Chairman and the Members also acknowledge the important
professional contribution made by Shri T.R. Malakar, Deputy Directory General,
All India Radio who took unremitting pains in assisting the Group.
1.11 The Group is also grateful to the Ministry of Information
and Broadcasting and the Officers of All India Radio and Doordarshan for providing
necessary facilities. The Group wishes to place on record its appreciation for
the help rendered by Shri B.R.Chalapathi Rao, former Director, All India Radio
in sifting the material collected by the Group, making our task easier. We were
served by a competent secretarial provided by AIR and appreciate their unstinted
cooperation.
Unanimous Report:
1.12 We present herewith this unanimous report on the autonomous
structure for Indian broadcasting with plurality tempered with social responsibility.
In making our recommendations we have tried to balance a number of considerations,
at times conflicting ones, and recommended a package that is feasible and practical
rather than ideally desirable. Before presenting the views and recommendations
of the Group, we feel it is necessary to recount, the genesis, growth, role
and objectives of All India Radio and Doordarshan to gain a perspective concerning
their limitations and achievements as State-owned broadcasting organisations
with a public service mandate.
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
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