Amendment to Cable TV Rules and proposed amendment to Cinematograph Act: MIB seeks to create parity with IT Rules

1.     

Powers of the Government: The Amendment has inserted a provision under Rule 6 (Programme Code) and Rule 7 (Advertising Code) of the Cable Rules 1994 which allows the Central Government to prohibit the transmission or re-transmission by a cable operator of any channel / programme in violation thereof. The Central Government while exercising this power may choose to give the cable operator an opportunity to be heard.

2.     

Grievance Redressal Mechanism: The Amendment has introduced a three-tier grievance redressal mechanism for broadcasters as follows:

2.1

Level I – Self regulation: Broadcasters are required to establish a complaint redressal mechanism and appoint a grievance officer to deal with such complaints. Details of the grievance redressal mechanism and grievance officer are to be published on website / interface of the broadcaster. This level allows any person aggrieved by the content of a programme on a channel not in conformity with the Programme Code / Advertising Code to file a complaint in writing to the broadcaster. The broadcaster should acknowledge the complaint within 24 hours of receipt and the grievance officer is required to resolve the complaint within 15 days from receipt. In case of a complaint in respect of violation of the Advertising Code, such complaints may also be addressed to the ASCI which is required to decide such complaints within 60 days from receipt.

2.2

Level II – Self-regulating body of broadcasters: This level constitutes a self-regulatory body of broadcasters to be constituted by a minimum of 40 broadcasters and registered with the Central Government. The self-regulatory body should register itself within 30 days from the notification of the Amendment or the constitution of the self-regulatory body, whichever is earlier. The self-regulatory body may hear appeals from Level I of the grievance redressal mechanism if a decision is not communicated to the complainant within stipulated timelines or if the complainant is not satisfied with the decision at Level I. While disposing such appeals, the self-regulating body has powers to direct broadcasters to issue advisories, warnings, apologies, disclaimers or refer content to the Central Government under Level III of the grievance redressal mechanism if it deems that such content should be deleted / modified. The self-regulatory body is required to dispose off an appeal and communicate its decision to the complainant within 60 days from receipt of the appeal.

2.3

Level III – Inter Departmental Committee (IDC): Oversight by the Central government through an IDC to be chaired by the Additional Secretary in the MIB and consisting of representatives from different ministries. The IDC is required to devise its own procedure for hearing grievances / complaints arising out of Level II / Level I of the grievance redressal mechanism or referred to the IDC by the Central Government. The IDC has the power to make recommendations to the Central Government to require broadcasters to issue advisories, warnings, apologies, disclaimers, delete / modify content, take programmes / channels off air for reasons recorded in writing.

3.     

Disclosure of Information: Broadcasters and self-regulating bodies are required to make disclosures pertaining to complaints received, manner of disposal, actions taken, replies sent, and order and directions received, and make such information available in the public domain. All broadcasters are required to preserve records of content telecasted by them for at least 90 days and make such records available to the Central Government or the self-regulatory body as may be requisitioned.

1.     

Age Ratings:  The Cinematograph Act provides for certification of theatrical films under the categories U (unrestricted exhibition), U/A (parental guidance), A (exhibition restricted only to adults) or S (exhibition restricted only to specific class of persons). The Cinematograph Amendment Bill has proposed age-based categories such as U/A 7+, U/A 13+, U/A 16+ for certification of films to further sub-divide the UA category.

2.     

Prohibition of Unauthorized Recordings: The Cinematograph Amendment Bill also includes a provision on unauthorized recordings which restrict persons from making copies of films using audio-visual recording devices such as camcorders. A contravention of this provision is punishable with imprisonment for a term of at least 3 months and up to a maximum of 3 years or a fine of at least three lakh rupees extendable to 5% of the audited gross production cost of the film, or both.