Broadcasting Regulations in India

Broadcasting Regulations in India

• MIB (Ministry of Information & Broadcasting) regulates broadcast media, cable TV, DTH, and MSOs.
  • Content Regulation: MIB ensures compliance with program and advertising codes.
  • Licensing: MIB issues licenses for television channels, radio stations, and cable operators.
  • Broadcasting Services Regulation Bill 2023: Introduces self-regulation in content classification, grievance redressal, and expands definitions of "broadcasting" to include OTT services.
• MeitY (Ministry of Electronics & Information Technology) regulates internet and digital platforms, including OTT services, social media, and e-commerce platforms.
  • IT Act 2000 & Amendments (2021): Focuses on intermediary guidelines, cybersecurity, and content regulation. The 2021 amendments required OTT platforms to self-classify content.
  • Personal Data Protection Bill: Addresses privacy concerns related to user data collected by OTT and digital platforms.

Content Creation and Distribution

• Content creation: Focuses on Hindi, English, South Indian languages, and Hinglish. Popular genres include mythological, general entertainment, music, children's content, cartoons, news, and current affairs.
  • Phases of Content Creation: Pre-production, Production, and Post-production.
• Film Rights:
  • Exhibition Rights: Theatrical (domestic and international, cinema and non-cinema), Non-theatrical (cinema hall, auditorium, preview theaters, guest houses, hotel rooms, in-flight, surface and sea transport).
  • Distribution Rights: Sub-distribution, sublicense, regional and international distribution, OTT platforms.
  • Broadcast Rights: Terrestrial TV, Satellite TV (DTH - C-band and KU-band), IPTV, HITS, Cable TV, Free-to-Air Channels, Pay TV, Pay-per-view, Video on Demand (NVOD, FVOD, SVOD, TVOD).
  • Home Media Rights: Home video, Laser Disc, Blu-ray, Video Cassette, VCD, DVD.
  • Music & Audio-Visual Rights: Music rights, audio rights, audio-visual rights, music adaptation rights, performance rights.
  • Adaptation & Translation Rights: Dubbing rights, subtitling rights, localization rights.
  • Merchandising Rights: Licensing and merchandising, gaming rights (mobile and console), internet/mobile gaming rights, wallpapers, ringtones, and digital media.
  • Digital & Online Rights: Internet streaming rights, IPTV streaming rights, mobile TV, OTT rights, RTones, online publishing rights.
  • Archival & Special Format Rights: Negative rights (traditional film negatives), 16 mm, 35 mm, and 70 mm film rights.

Media Licensing and Revenue Models

• Licensing Agreements: Licensing is not permission to sell; terms and conditions accompany the license.
• Pouring Rights: Example: If Coke has pouring rights in a theater, only Coca-Cola products will be sold there.
• Types of Rights in Film: Theatrical, non-theatrical, home video, laser disc, Blu-ray, cable, satellite, IPTV, and mobile rights.
• Negative Rights: Traditionally referred to film negatives; now associated with copyright and contracts.

Contracts and Confidentiality

• Restrictive Clauses in Contracts: NDA, non-compete, non-solicitation, exclusive dealing, intellectual property clause, force majeure, termination clause, governing law, indemnification (one-sided indemnification, limitations of liabilities).
• Insurance Requirements in Production: Production insurance, errors & omissions insurance.
• Reasonable Negative Clauses in Agreements: It is acceptable to include reasonable negative clauses like NDAs to prevent the sharing of confidential information.
  • Example (NDA in a Job Offer): If you are working on a campaign in the office, you cannot call Anu ma’am and tell her about it, as that would breach confidentiality.
  • Advice on Confidentiality: Once you sign an NDA, refrain from discussing sensitive matters with anyone outside the office.
• Record of Instructions from Boss: Always get instructions in writing when instructed to take action based on your boss's decision.

Television Carriage and Distribution Methods

• MSOs (Multi-Service Operators): Provide cable TV and internet services. They have one uplink and downlink. Example: Hathway.

• IPTV (Internet Protocol TV): Streams content from broadcasters to a server for on-demand viewing.

• Speed of Transmission: Fastest transmission is through MSO, followed by DTH and IPTV.

• Landing Page Ads: Premium ads are placed on DTH platforms as landing page ads, while local content is targeted through MSOs.

• Addressability in Cable TV: Cable providers can determine your location and target advertisements based on estimated income.

• Television Carriage (Content Delivery): Terrestrial broadcast, satellite TV, IPTV.

  • Feed: The signal or beam a satellite sends to Earth.
  • Footprint: The geographical area covered by a satellite's feed
  • Multiple Feeds: Different signals for various regions.

• Legal Issues in DTH: If satellite footprints cover areas like Dubai, users could watch Indian services at lower rates, creating legal and financial challenges. Geoblocking has been implemented to prevent this.

• Traditional & Non-Traditional Channels of Broadcast Distribution:

  • Traditional Broadcast Channels: Linear Broadcast, Non-Linear Broadcast.
  • Non-Traditional Channels:
    • NVOD (Near Video on Demand): Time-limited VOD.
    • FVOD (Free Video on Demand): Free content, like YouTube.
    • SVOD (Subscription Video on Demand): Paid subscription services, like Netflix.
    • TVOD (Transactional Video on Demand): Pay-per-view services, such as premium movies on Amazon Prime.
    • AVOD (Advertising Video on Demand): Ad-supported content.

Draft Broadcasting Services Regulation Bill 2023

• Key Highlights:
  • Content Evaluation Committee: Recommended setup to assess content.
  • Ad Codes and Program Codes: Different codes will be established.
  • Accessibility Features: Ensure services are accessible to differently-abled individuals.
  • Statutory Penalties and Fines: Equitable penalties introduced.
  • Infrastructure Sharing & Right of Way: Includes banking and telecom infrastructure.
  • Judicial proceedings (statements by judges, lawyers, witnesses).
  • Official state communications.
  • High-ranking officials in their official capacity.

Defamation & Qualified Privilege

• Qualified Privilege: Conditional protection for good faith statements, especially concerning public interest matters.
  • Loss of Privilege: Malice can negate qualified privilege.
• Examples of Qualified Privilege:
  • Fair and accurate reports of public proceedings (court cases, legislative debates).
  • Statements made in the public interest.
  • Fair comment on matters of public interest based on true facts.
  • Honest job references.
• Key Point: The plaintiff bears the burden of proving malice in cases of qualified privilege.
• Public Interest vs. Public Curiosity:
  • Public Interest: Matters affecting public welfare.
  • Public Curiosity: Matters that pique public interest but may not serve the public good.

Labor Laws in Media

• International Labour Organization (ILO): India is a member of the ILO, and its labor laws adhere to ILO standards.
• Relevant Acts in Advertising:
  • Competition Act, 2002
  • Consumer Protection Act, 1986
• Workplace Harassment & Sexual Assault Laws:
  • Importance of Dignity and Respect: Dominic Sir emphasized the seriousness of workplace harassment laws, especially those protecting women, and the importance of dignity and respect.
  • Impact on Work Environment: Harassment can hinder an employee's ability to work effectively.
  • Advice: Men should be mindful of their behavior, and women should consult with appropriate authorities before raising complaints.

Explore the regulatory framework governing broadcasting in India, including the roles of MIB and MeitY. This quiz covers licensing, content regulation, and recent legislative developments affecting both traditional and digital platforms. Test your knowledge on the Broadcasting Services Regulation Bill 2023 and the IT Act.