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Rapid digitisation of content and communication technology is pushing policy makers to reconsider their approach to regulate these sectors and think on the line of convergence. As convenient as it sounds, the idea of convergence is not going down well with the concerned ministries. Both DoT (Department of Telecommunications, under the Ministry of Communications) and MIB (Ministry of Information and Broadcasting) want to control broadcasting. According to sources close to developments, the battle for control will likely escalate after the 2024 Lok Sabha elections, in what is expected to be Narendra Modi’s government’s third term.



Conflicts


The crux of the issue lies in the perceived synergy between broadcasting and the telecom/technology ecosystems.


For instance, there is the D2M (Direct-to-Mobile) issue. 


While DoT's push for control intensifies as D2M gains traction, sources reveal D2M also finds mention in MIB's 100-day agenda.



“With D2M in the works, DoT wants more control and MIB doesn't want to lose any. There have also been high-level meetings on these matters,” said the source.



Administrative overlap and convergence



Telecom Regulatory Authority of India (TRAI), which already regulates tariff structures and distribution aspects of broadcasting alongside telecommunication regulations, has already touched upon the overlap issue between the ministries.



In its 2023 consultation paper on ‘Regulating Converged Digital Technologies and Services –Enabling Convergence of Carriage of Broadcasting and Telecommunication services’, TRAI has clearly highlighted the need for convergence.



“In India, technological evolution has led to overlapping functions such as IPTV services, the permission for which is granted by DoT as well as MIB,” said the paper.



It also highlights how the blurred boundaries due to convergence are also resulting in overlapping of administrative jurisdictions.



While DoT has been entrusted with the function of licensing of internet services, all other matters related to Internet (other than licensing of Internet Service Provider) including promotion of internet, IT and IT enabled services have been entrusted to the Ministry of Electronics and Information Technology (MeitY).



Similarly, policy, licensing and coordination matters relating to data services and other forms of communications have been allocated to DoT in allocation of business rules.



“The policy related to Data Centers, policy on Open Application Programming Interfaces, policy on Open Government Data (OGD) Platform, etc. have been framed by MeitY. Similarly, the IT content regulation function which was under MeitY has now been bifurcated and the OTT broadcasting content regulation has been given to MIB. Blocking of websites is under the purview of MeitY, and the same is done through DoT,” said the paper, explaining the lines of control in the internet and broadcast ecosystem.



Stakeholders are also not particularly pleased with the idea of convergence, at least not how the government is proposing it.



The News Broadcasters & Digital Association (NBDA), for instance, in response to the same paper, had said, “Broadcasting services are a very different and distinct service/category in comparison to ‘telecommunication services’, as the latter is concerned with voice and data services while the former involves offering of programming services and content to the consumers. That merely because telecommunication, broadcasting and data service are at times delivered through common delivery platforms, the same cannot be interpreted as convergence of such services and/or a reason to advocate for a converged legal, administrative, licensing and regulatory regime for sectors which are substantially different.”



Global best practices



Globally, a lot of countries have telecommunications and broadcasting authorities under one head.



In the US, FCC (Federal Communications Commission) regulates providers of telecommunication services, broadcasting services, cable services and its content.

In the UK, the principal code for regulating content is the Ofcom (Office of Communication) Broadcasting Code, however, media content regulation is carried out by different regulators based on the type of media.



Australia has an inter-related framework comprising funding and regulatory mechanisms to secure Australian content. The Government and ACMA (Australian Communications and Media Authority) are responsible for regulating the screen industry and publishing information for compliance purposes.



The big question remains


Can convergence resolve the current conflict or will the power struggle between the ministries continue?

According to experts, the final decision will shape how India navigates content in the coming years. DoT’s potential control could lead to a more technology-driven approach, while MIB's continued influence might prioritise content regulation and traditional broadcasting structures.

Will DoT and MIB clash over broadcasting control heat up in Modi govt's third term?

Ministry of Information and Broadcasting has issued  an advisory urging all endorsers and influencers on social media to refrain from showing promotional content/advertisements, including surrogate advertisements, of offshore online betting and gambling platforms in any form whatsoever. 


While the online advertisement intermediaries are advised not to target such content towards Indian audience, the social media intermediaries are advised to conduct sensitisation efforts among their users to refrain from publishing such content. 


“It is hereby cautioned that failure to comply with the above may lead to proceedings under the provisions of Consumer Protection Act, 2019, removal/disabling of social media posts/accounts where such promotional content/advertisements/endorsements are being published, and penal action under the applicable statutes,” the advisory said. 


The Central Consumer Protection Authority (CCPA), vide Advisory dated 06.03.2024 (copy enclosed), while referring to the predominant illegality of offshore online betting and gambling platforms in most regions across the country and provisions of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements 2022, has expressed concerns regarding endorsements of such betting/gambling platforms by celebrities and influencers to endorse and promote their betting activities, and cautioned that any advertisement or endorsement, whether directly or indirectly, of activities which are otherwise prohibited by law, including but not limited to betting or gambling, through advertisements or promotions, shall be subject to rigorous scrutiny.


MIB advisory urges celebs and influencers to abstain from promoting offshore online betting and gambling on social media

Prime Minister Narendra Modi has invited people to participate in the ‘Mera Pehla Vote Desh Ke Liye’ campaign. The campaign is aimed at encouraging young voters to exercise their democratic right to vote.

Earlier today, Union Minister Anurag Thakur also launched the #MeraPehlaVoteDeshKeLiye anthem on X. The campaign is aimed at encouraging young voters to exercise their democratic right to vote.

“A clarion call was given by our Honourable PM Shri Narendra Modi Ji in his recent Mann Ki Baat address and as the nation gears up for its biggest festival of democracy, I urge all of you to join the #MeraPehlaVoteDeshKeLiye campaign and encourage young voters to exercise their democratic right,” said Thakur.

The anthem is an effort to contribute to the campaign launched by Election Commission of India towards voter awareness. Speaking about the campaign in his Mann Ki Baat address, Prime Minister Narendra Modi had said that the campaign focusses on encouraging first time voters to participate in the electoral process in large numbers. 

He had also said that Bharat is proud of its youth power that is full of passion and energy and the more youth participate in the electoral process, the better the results will be for the country.

The Prime Minister has also issued an appeal to influencers across various platforms, including Instagram, YouTube, the film industry, literature, and other mediums, urging them to actively engage in this campaign and inspire first-time voters.

PM Modi launches #MeraPehlaVoteDeshKeLiye campaign to encourage young voters


Data privacy tops concerns for India, said Union Minister for Information and Broadcasting Anurag Thakur at the 28th International Conference and Exhibition on Broadcast and Technology.


"India's efforts in developing indigenous cybersecurity solutions underscore our commitment to data security, aligning with global data protection regulations," stated Thakur. 


"As we harness technology to drive innovation in the broadcasting ecosystem, let us ensure that we prioritize the protection of sensitive information and also not forget the steps required for the integrity of our digital infrastructure.”


The Minister also emphasized the importance of promoting media literacy and empowering citizens to navigate the complex digital landscape.


"As we embrace the digital revolution, let us empower our citizens with the tools they need to critically engage with the media and make informed decisions," he said.


Promoting media literacy and empowering citizens to navigate the complex landscape of digital media is the need of the hour.

Thakur also said that the government is bullish on regional content. 


“It is important to invest in regional content and languages. India's linguistic diversity is our strength. Supporting regional languages and hyper localised content is essential not only to compete with global platforms but also to achieve the larger goal of providing equal opportunity for all. The extension of India's film and television institutes to regional campuses emphasises our commitment to languages,” he said.


The minister brought up the success of regional content by using the Indian Premier League (IPL) as an example.

"When they started telecasting in regional languages, their audience increased dramatically. In terms of reach, there's nothing 'regional' about regional content anymore. It's like films – the content travels nationally and internationally, creating waves. The emphasis should be on raising awareness about technology and creating high-quality content that can reach every nook and corner of the world,” he said.


Acknowledging the rapidly changing media landscape and evolving audience preferences he said, “The media landscape is undergoing a metamorphosis, and consumption patterns are shifting rapidly with audience tastes migrating. We must acknowledge this shift and adapt accordingly.”


The minister also spoke on subjects of promoting the public broadcaster and green technology in broadcast.

“India’s public broadcaster, Prasar Bharati, has come a long way since its grainy black and white Doordarshan days. Today, it boasts HD and 4K digital capabilities, offering diverse programming across platforms like Doordarshan and All India Radio. This evolution not only reflects resilience and innovation, but also highlights its pivotal role in shaping the nation's narrative,” Thakur said.


But the journey doesn't stop there. The future demands strengthening public broadcasting to cater to the diverse needs of India's vast population. According to Thakur, this means leveraging technology to develop personalised content across multiple platforms.


“Prime Minister Modi's ‘Make in India’ initiative plays a crucial role here, encouraging indigenous research and development in broadcasting equipment,’ he said.


The public broadcasters initiatives to unite the nation coupled with the Ministry of Information and Broadcasting's commitment to inclusive policies, has laid the foundation for a vibrant and responsible media ecosystem in India, according to the minister.


Talking of sustainable growth, Thakur said, “In our pursuit of progress, let's not forget our responsibility towards the environment. Embracing sustainable practices in broadcasting practices is not just a moral imperative but also a strategic move, aimed at minimising our carbon footprint and reducing waste.”


According to him, India’s research and development in solar powered broadcasting equipment and energy efficient studios position the country as leaders in sustainable broadcasting reflecting its commitment to environment stewardship.


Data security, a top priority for MIB: Anurag Thakur

The longstanding debate on the rolling and unrolling of data for news channel viewership may be nearing resolution as the Broadcast Audience Research Council (BARC) board gears up for a crucial meeting with officials from the Ministry of Information and Broadcasting (MIB) on December 19.

People close to the development said there are two focal points for the upcoming discussion. First on the agenda is the unrolling of data, a move that would grant broadcasters access to weekly viewership data for the news genre. The second item slated for deliberation is the potential expansion of panel homes.

Towards the end of November, the MIB allowed BARC to discard the four-week rolling average data system for news ratings. Initially implemented after a 17-month hiatus due to the alleged TRP scam the move was opposed by some broadcasters. Soon after, MIB urged BARC to maintain the status quo, promptly splitting the stakeholders in the broadcasting industry into.

This split stakeholders in the broadcasting industry into two camps, those favouring weekly data and those supporting the four-week rolling data.

The upcoming meeting is anticipated to see a resolution from the MIB.

As for increasing panel homes, BARC recently increased the sample size by about 25,000 and presently has a 55000 homes panel. They are also committed to add more as per government guidelines.

In an earlier interview with Storyboard18, Shashi Sinha, chairman of BARC India had explained how it works.


“To start with, BARC is a very robust currency but there are certain smaller segments like the news genre where the sample is very small so the chances of variations are very high and increasing the panel homes reduces that. This kind of sample size reduces infiltrations of any sort,” he had said.

There is another rule in the guidelines issued by the ministry that says 25 percent of the panel homes should be rotated every year. The rotation is to be done such that older panel homes are removed first while maintaining the representativeness of the panel. This rotation is expected to be achieved in a staggered manner by rotating panel homes every month. All of this helps in better and fairer measurement of data.

Debate on news data may soon conclude as BARC meets MIB on Dec 19

Ministry of Information & Broadcasting has approved new rates for CBC (Central Bureau of Communication) advertisements to be issued for private FM radio stations based on the recommendations of the Rate Structure Committee set up by it. 

“The new rates approved by the Ministry in the month of September,2023 includes a 43 per cent increase in the base rate taking into account the rising costs dynamics for the period of December 2015 to March 2023.,” said a statement released by the ministry.

With this increase, the gross base rate for FM radio advertisement will increase from Rs 52 to Rs 74 per ten seconds. 

“This adjustment is intended to maintain parity with current market rates. The increase in Gross base Rate will also be beneficial for more than 400 Community Radio Stations that are currently operational in the country,” the statement said.

Further building on the base rate, the Ministry has also decided to continue with the existing pricing formula for calculating city wise rates. The pricing formula takes into various factors like city population and listenership data from the India Readership Survey (IRS) of 2019. 

Based on this formula along with the enhanced base rate almost all private FM radio stations will benefit from the new recommended rates at varying percentages depending largely on their listenership giving value for both FM stations and the clients of CBC.

Based on this formula the rates for 106 stations will increase by 100 percent, a 50percent-100 percent increase for 81 stations, and a less than 50 percent increase for 65 stations for which listenership data is available.

The Rate Structure Committee for Private FM Radio Stations was set up by the Ministry last year to evaluate and recommend new rates which were last revised in 2015. The Committee submitted its recommendations after holdings several rounds of meetings with industry experts and stakeholders in addition to taking inputs from bodies like Association of Radio Operators of India.

CBC ad rates for private FM radios revised by MIB after seven years

The Ministry of Information and Broadcasting has announced amendments to the Cable Television Networks Rules, 1994, outlining the operational procedures for implementing the decriminalized provisions of the Cable Television Networks (Regulation) Act, 1995.

In a previous notification, the Ministry designated October 3, 2023, as the effective date for the provisions of the Jan Vishwas (Amendment of Provisions) Act, 2023, and the associated entries in the schedule concerning the Cable Television Networks (Regulation) Act, 1995, to come into force.

Section 16 of the Cable Television Networks (Regulation) Act, 1995 dealt with the punishment for contraventions under any of its provisions. This section had provision for imprisonment which might extend upto 2 years, in case of first instance and 5 years for every subsequent offence. 

“With an aim to make the Cable Television Networks (Regulation) Act, 1995 more business-friendly and to boost the investor confidence in the sector, punishments specified under Section 16 were re-examined and were decriminalized through the Jan Vishwas (Amendment of Provision) Act, 2023,” said a government notice.

The imprisonment provisions have been now replaced with monetary penalty and other non-monetary measures like Advisory, Warning and Censure. These measures will be enforced through the “designated officer” defined in the rules notified today. Moreover, Section 16 now introduces an appeal mechanism against the order made by designated officer.  Sections 17 and 18 were omitted for being redundant. 


Some of the benefits of decriminalization of provisions under the Cable Television Networks (Regulation) Act, 1995 are: 

1.	The amendments are likely to encourage compliance with the Act without resorting to harsh punishments and sensitive to minor or unintended contraventions. The inclusion of advisory, censure, and warnings in the range of penalties suggests focus is on educating and encouraging compliance rather than solely punishing contraventions.
 
2.	The amended provision allows for the use of a range of penalties, which provides flexibility in addressing different types of contraventions. It allows for a more proportional response to the nature, specificity and severity of the contravention.

3.	The amendment in the rules defines a designated officer for imposing penalties. This streamlines the enforcement process and makes it simple in addition to unburdening the criminal justice system. 

4.	The amended provision explicitly addresses subsequent contraventions and in addition to the provision for higher penalties, includes the provisions for suspension or cancellation of registration. This promotes consistency and discourages habitual or repeated contraventions.

5.	The inclusion of an appeal mechanism provides individuals or entities the opportunity to challenge penalties or decisions. This ensures a fair and transparent process and safeguards against potential abuse of power.

6.	The definition of common terms in cable industry like “platform services” and “local cable operator” have been defined in the rules for the first time to bring about uniformity in their usages. 

Currently, there are over 1400 multi-system operators registered with the Ministry of Information and Broadcasting. Decriminalization of the contraventions of provisions of the Cable Television Networks (Regulation) Act, 1995 and replacement with civil penalties shall boost stakeholders’ confidence and promote the ease of doing business. 



MIB decriminalizes Cable TV Regulations: Amends operational mechanism

Ministry of Information and Broadcasting (MIB) issued an advisory for all private satellite TV channels highlighting Section 20 of the Cable Television Networks (Regulation) Act, 1995, which empowers the Central Government to regulate or prohibit the transmission of TV channels or programs in the public interest. 

The advisory comes in response to a recent case where an individual from a foreign country, linked to a proscribed organization and facing serious criminal charges, was featured on a television channel for discussions. The individual's remarks during the discussion raised concerns about their potential impact on the country's sovereignty, security, friendly foreign relations, and public order. 

“While the Government upholds media freedom and respects its rights under the Constitution, the content telecast by TV channels must adhere to the provisions of the CTN Act, 1995, including sub section (2) of Section 20,” the advisory added. 

In light of these concerns, television channels were advised not to provide a platform for individuals with backgrounds involving serious crimes, terrorism, or affiliation with proscribed organizations. This advice aligns with the reasonable restrictions outlined in Article 19(2) of the Constitution and Section 20(2) of the CTN Act.
