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So
the government again renews its long-in-the-trying attempt to get broadcast regulation
in place. Is it just us or is this feeling of déjà vu that it may
be another exercise in futility shared by the industry as well? Still,
that doesn't take away the importance of having a comprehensive legislation for
the sector that is estimated to be worth Rs 427 billion in 2010 according to the
PricewaterhouseCoopers report presented at this year's Ficci Frames convention.
| The
Bill tries to address the issue of encouraging domestic originating content on
TV channels by mandating a 15 per cent share for it.
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The Broadcasting
Bill has been dangling on an uncertain thread for close to a decade now. Several
information and broadcasting (I&B) ministers in several governments, who have
tried to maneuver it past the corridors of the houses of Parliament and into law,
have come and gone. All have failed; none have had the drive to push it through.
It has proved to be an untouchable piece of legislation; a hot potato that is
dropped every time an effort is made. Another
attempt is being made to enact the covered-with-dust Bill. A draft has been prepared
for the Union Cabinet's persual and initial indications are that it is going to
impact almost everyone in the broadcasting food chain. It is slated to be introduced
in Parliament during the Monsoon session by not-even-a-year-in-the-seat I&B
minister Priya Ranjan Dasmunsi. I&B
ministry secretary SK Arora has been working for a long time on putting together
the document. Help has been sought from several quarters while drafting the Bill:
the US FCC, Casbaa in Hong Kong, other consultants, consumer groups and interested
parties. The
Bill tries to address the issue of encouraging domestic originating content on
TV channels by mandating a 15 per cent share for it. Then it caps cross media
ownership at 20 per cent, and even share of voice for a TV channel or cable TV
network nationally at 15 per cent. A Broadcasting Regulatory Authority of India
(Brai) is to be set up (have we not heard this one before?), which will monitor
the content on TV channels and oversee the broadcast industry in all its aspects
the same way as the Telecom Regulatory Authority of India does in the telecom
sector.
| No
broadcaster or cable TV operator is going to cede power and control they have
acquired over the years they have been operating in India.
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The first
piece of legislation is more than welcome and should in the medium to long term
give a boost to local TV production and more so animation. Of course, it goes
without saying that it is in the interest of local broadcasters to create local
content that appeals to audiences and theres no running away from it if
they are seeking to make money out of the market. That they have so largely shied
away from doing so, may be part of their business plan. There will be some bickering
about this by some of the players. Of
course, the government will have to specify whether the 15 per cent content cap
relates to fresh domestic prime time content or to recycled content. Remember
some broadcasters might buy garbage worthy shows dirt cheap and put them on air
late at night in order to fulfil the legislative norms. Additionally,
a transition period will have to be specified so that the domestic production
industry gears up to deliver the quality animation and programming that is demanded
internationally, so that international broadcasters can - if they want
buy worldwide rights.
On
the whole, over time the 15 per cent imposition could well catapult TV documentary
makers and animation studios into the next level. Though some argue that the cap
should be higher, it is a good start.
That
is just the soft part of the Bill though. Trying to control share of voice and
restricting cross media ownership are two clauses that are arguably going to get
the entire Bill stuck in a quagmire; lot of it political. Reason: hectic lobbying
is going to commence to do away with them. It is these clauses which in the past
have prevented the Bill from becoming a law. And, it is quite likely to do the
same once again.
No
broadcaster or cable TV operator is going to cede power and control they have
acquired over the years they have been operating in India. Many of their business
models are based on this power. The
setting up of Brai is another moot point. Its about time a content watchdog
was set up. The other option is that the industry kowtows to a xenophobic governments
every content concern and censorship demand. Additionally,
the draft Bill fails to clearly address broadcasting in a converged era to hand
held devices and mobile phones. A
key question everyone is asking: will the Bill go through this time? It looks
unlikely to have an easy ride and, in all probability, will be knocked into another
shape and form. Or, it may end up being still born. Its passage will depend on
how much pressure the I&B mandarins --- and the Congress-led coalition government
--- are willing to withstand not only from the Opposition, but also allies, some
of whose sympathisers have big media dreams in East and South India. |