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This document discusses media regulatory bodies, their roles, and responsibilities, including licensing, content regulation, compliance monitoring, and consumer protection. It also examines the functions and roles of some regulatory bodies in India, such as the Telecom Regulatory Authority of India (TRAI).
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MEDIA REGULATORY BODIES What are Media Regulatory Bodies? Media regulatory bodies are institutions or organizations established by governments or industry associations to oversee and regulate the media sector. These bodies ensure that media organizations, including broadcasters, publishers, and onl...
MEDIA REGULATORY BODIES What are Media Regulatory Bodies? Media regulatory bodies are institutions or organizations established by governments or industry associations to oversee and regulate the media sector. These bodies ensure that media organizations, including broadcasters, publishers, and online platforms, adhere to legal and ethical standards, promote fair competition, protect consumer interests, and uphold the public good. Media regulatory bodies may have various functions and responsibilities, including: 1. Licensing and Registration: Some regulatory bodies oversee the licensing and registration of media outlets, ensuring that they meet specific criteria, such as ownership structures, technical standards, and editorial policies. 2. Content Regulation: Regulatory bodies may set guidelines and standards for media content, including rules on accuracy, impartiality, decency, and sensitivity to cultural and religious values. They may also enforce regulations related to content classification, censorship, and protection of minors. 3. Compliance Monitoring: Regulatory bodies monitor media organizations to ensure compliance with legal and regulatory requirements. This may involve conducting inspections, audits, or investigations into complaints regarding violations of media laws or codes of conduct. 4. Consumer Protection: Regulatory bodies may have a role in protecting consumer interests, such as ensuring transparency in advertising, 1 addressing grievances related to misleading or deceptive content, and promoting diversity and accessibility in media services. 5. Market Regulation: Regulatory bodies may oversee competition in the media market, preventing monopolistic practices, promoting diversity of ownership, and fostering a level playing field for media organizations. 6. Ethical Standards: Regulatory bodies may establish and enforce ethical standards for journalism and media professionals, including codes of conduct, guidelines for responsible reporting, and mechanisms for handling conflicts of interest or bias. Examples of media regulatory bodies include the Federal Communications Commission (FCC) in the United States, Ofcom in the United Kingdom, the Press Council of India, the Australian Communications and Media Authority (ACMA), and the Broadcasting Authority of Ireland (BAI). These bodies play a crucial role in maintaining the integrity, professionalism, and accountability of the media industry while balancing the principles of freedom of expression and the public interest. MEDIA REGULATORY BODIES OPERATING IN INDIA The Telecom Regulatory Authority of India (TRAI) was established in 1997 under the Telecom Regulatory Authority of India Act to regulate the telecommunications sector in India. Its inception marked a significant milestone in the liberalization and privatization of India's telecom industry. TRAI's primary objectives include promoting competition, ensuring consumer protection, and fostering the growth of the telecom sector. Over the years, TRAI has played a crucial role in formulating regulations related to spectrum 2 allocation, licensing, tariffs, interconnection, and quality of service. It has also adjudicated disputes between telecom operators and resolved consumer grievances. TRAI's efforts have contributed to developing a robust and competitive telecom market in India, driving innovation, investment, and technological advancement in the sector. 1. TRAI (TELECOM REGULARITY AUTHORITY OF INDIA) The Telecom Regulatory Authority of India (TRAI) performs various functions to regulate the telecommunications sector and protect the interests of both service providers and consumers. Here's a breakdown of the functions you mentioned: Regulating Telecommunication Services: The Telecom Regulatory Authority of India (TRAI) plays a pivotal role in regulating India's telecommunications sector. Its responsibilities encompass formulating and enforcing regulations governing various telecommunication services. Here's a detailed breakdown of TRAI's role in regulating telecommunication services: 1. Spectrum Allocation: TRAI is responsible for formulating policies related to spectrum allocation, which is crucial for wireless communication services. It assesses the demand for spectrum, recommends allocation methods, and establishes guidelines for spectrum auctions to ensure efficient spectrum use and promote fair competition among telecom operators. 3 2. Licensing: TRAI oversees the licensing of telecom operators, ensuring compliance with regulatory requirements and eligibility criteria. It evaluates license applications, sets license fees, and defines conditions for license issuance, renewal, and revocation to maintain regulatory compliance and promote a competitive market environment. 3. Interconnection: TRAI regulates interconnection between telecom networks to facilitate seamless communication among service providers and ensure interoperability. It establishes interconnection norms, determines interconnection charges, and resolves disputes related to interconnection agreements to promote fair and non-discriminatory access to telecom services for consumers and service providers. 4. Tariffs: TRAI regulates tariffs charged by telecom operators to prevent anti-competitive pricing practices and ensure the affordability of services for consumers. It reviews and approves operators' proposed tariff plans, considering cost, competition, and consumer interests to promote fair competition and protect consumer welfare. 5. Quality of Service: TRAI sets and monitors service quality standards to ensure telecom operators deliver high-quality services to consumers. It establishes benchmarks for call drop rates, network availability, and customer support responsiveness and conducts regular audits and assessments to enforce compliance with these standards and improve overall service quality. 6. Competition in the Telecom Market: TRAI promotes competition in the telecom market by implementing regulations that prevent anti-competitive practices, such as predatory pricing or market abuse. It 4 monitors market dynamics, assesses market concentration, and takes corrective measures to foster a level playing field and encourage innovation, investment, and technological advancement in the telecom industry. 7. Adjudicating Disputes: In addition to regulating telecommunication services, TRAI has the authority to adjudicate disputes between telecom service providers, broadcasters, and other stakeholders in the industry. This includes resolving conflicts related to interconnection agreements, tariffs, licensing issues, and any other matters affecting the functioning of the telecom sector. TRAI is a neutral arbiter in dispute resolution, ensuring that parties adhere to regulatory requirements and contractual obligations. It conducts thorough investigations, hears arguments from all sides, and issues rulings or recommendations to resolve disputes fairly and timely, promoting stability, transparency, and trust in the telecom ecosystem. 8. Disposing of Appeals: TRAI also handles appeals filed by telecom companies or consumers against decisions made by regulatory authorities or service providers. Whether it's a dispute over licensing conditions, interconnection agreements, tariff approvals, or quality of service issues, TRAI allows parties to seek redressal through appeals. TRAI reviews these appeals, conducts investigations if necessary, and makes decisions or recommendations to address the concerns raised. By providing a mechanism for appealing regulatory decisions or addressing grievances, TRAI ensures accountability, fairness, and due process in the regulatory framework governing the telecom sector. 9. Protecting Service Providers' Interests: 5 TRAI endeavours to create a level playing field for telecom service providers by implementing regulations that promote fair competition, prevent anti-competitive practices and ensure compliance with licensing conditions. It formulates policies and guidelines that govern market entry, spectrum allocation, interconnection, tariffs, and telecom operations to foster a competitive and dynamic market environment. TRAI also supports the growth and development of the telecom industry through policies that encourage investment, innovation, and technological advancement. By protecting the interests of service providers, TRAI seeks to promote a vibrant and sustainable telecom ecosystem that benefits both industry stakeholders and consumers. 10. Protecting the Interests of Consumers: At the core of its mandate, TRAI is committed to safeguarding the interests of telecom consumers by ensuring they have access to affordable, high-quality services. TRAI monitors the performance of telecom service providers, sets service quality standards, and enforces compliance with regulatory requirements to ensure that consumers receive reliable and satisfactory services. It addresses consumer complaints related to billing disputes, service disruptions, network issues, and other grievances through its consumer helpline and complaint redressal mechanism. TRAI also promotes transparency and accountability in billing practices, requiring telecom operators to disclose tariff plans, terms of service, and other relevant information to consumers. By advocating for consumer rights and welfare, TRAI seeks to empower consumers, enhance their satisfaction, and foster a competitive marketplace that benefits all stakeholders in the telecom sector. Overall, TRAI plays a crucial role in regulating the telecommunications sector in India, balancing the interests of service providers and consumers while 6 fostering a competitive and vibrant telecom market. Its functions encompass regulatory oversight, dispute resolution, consumer protection, and promoting the industry's sustainable growth. General Information - The Telecom Regulatory Authority of India (TRAI) has come into being as a consequence of the opening up of the telecommunication sector to private operators. It was set up under the TRAI Act of 1997. What is TRAI? The Telecom Regulatory Authority of India (TRAI) was set up in order to have a suitable environment for the growth of the telecommunications industry in the country and be a part of the global information society. It is a statutory body and regulates the telecommunications sector in the country. TRAI Structure TRAI shall have, in addition to its chairman, at least two and at the most six members, all appointed by the Central Government. The members should have special knowledge of, or professional experience in telecom, industry, finance, accountancy, law, management and consumer affairs. Only those senior or retired Government officers can be appointed as members who have served for at least three years as secretary/additional secretary to the Union or State Governments. Telecom Disputes Settlement Appellate Tribunal (TDSAT) The powers of the TRAI have been considerably diluted by the TRAI (Amendment) Ordinance, 2000. Now the regulation of telecom services is to be 7 done by TRAI and the newly set up Telecom Disputes Settlement Appellate Tribunal (TDSAT). They will also adjudicate disputes, dispose of appeals, protect interests of service providers and consumers, to promote and ensure orderly growth of the telecom sector. The composition of TDSAT is also changed to include the chairman and not more than two whole-time members and not more than two part-time members to be appointed by the Government. The TDSAT has been given the mandate to adjudicate disputes:- (i) between a licensor and a licensee; (ii) between two or more service providers; (iii) between a service provider and a group of consumers. The Union Government, State Government, any local authority or any individual can approach the TDSAT for adjudication on issues related to disputes between parties mentioned above. The chairperson and members of this tribunal are to be appointed by the Government of India in consultation with the Chief Justice of India. Powers and Functions of TRAI: The Powers and Functions of TRAI are mainly To recommend the need for and timing of introduction of new service providers and terms and conditions of the license to a service provider; To ensure technical compatibility and inter-connect between different service providers and regulate their revenue-sharing arrangements; 8 To ensure compliance with terms of license and revaluation of the same for non-compliance; To lay down and ensure a time period for providing long-distance and local distance circuits; To facilitate competition and promote efficiency in operations to promote the growth of telecom services; To protect consumers’ interest, monitor quality of services, inspect equipment used in networks and make recommendations about such equipment; To maintain a register of interconnect agreements and keep it open for inspection and to settle disputes among the service providers in this respect; To give advice to the government on any matter related to the telecom industry. Levy fees and charges for services and, ensure that universal service obligations are complied with; and To perform any such other administration and financial function as may be entrusted to it by the Central Government. 2. PCI (PRESS COUNCIL OF INDIA) The Press Council of India (PCI) was established in 1966 under the Press Council Act 1965. The Parliament of India enacted the act to establish a Press Council to preserve the freedom of the press and to maintain and improve the standards of newspapers and news agencies in India. 9 The establishment of PCI was a response to the need for an independent regulatory body to address concerns about the functioning of the press in India. It was created to uphold the principles of freedom of expression, protect the rights of journalists, promote responsible journalism, and maintain high standards of journalistic ethics and professionalism. The Press Council Act 1965 outlined PCI's composition, powers, and functions. The council consists of members representing various stakeholders, including journalists, newspaper owners, and public members. It is empowered to inquire into complaints against the press, recommend corrective measures, and issue guidelines to newspapers and news agencies to ensure compliance with ethical standards and legal norms. The present council functions under the Press Council Act 1978. The Press Council of India (PCI) is a statutory, quasi-judicial body that acts as the press's watchdog. Let's discuss the role of PCI in detail: 1. Preserving Press Freedom: One of the primary functions of PCI is to safeguard the freedom of the press, which is essential for functioning in a democratic society. PCI protects journalists and media organizations from undue interference, censorship, or pressure from the government, political parties, or other external influences. 2. Maintaining Journalistic Standards: PCI sets and upholds ethical and professional standards for journalism in India. It issues guidelines, codes of conduct, and norms for journalists and media organizations to ensure accuracy, fairness, objectivity, and integrity in reporting. PCI aims to promote responsible journalism that serves the public interest and upholds democratic values. 10 3. Addressing Grievances: PCI provides a platform for addressing grievances against the press. It receives complaints from individuals or organizations regarding inaccurate reporting, unethical practices, invasion of privacy, defamation, or other violations of journalistic ethics. PCI investigates these complaints impartially and takes appropriate action, including issuing warnings, censures, or recommendations for corrective measures. 4. Media Ethics Education: PCI promotes education and training in media ethics and journalism standards. It conducts workshops, seminars, and training programs for journalists, media professionals, and students to enhance their understanding of ethical principles, media law, and best practices in reporting. PCI also encourages media organizations to adopt internal mechanisms to promote ethical conduct and professional development among their staff. 5. Advocacy and Awareness: PCI advocates for the importance of a free and responsible press in a democratic society. It raises awareness among the public, policymakers, and other stakeholders about media ethics, press freedom issues, and the role of journalism in promoting transparency, accountability, and informed citizenship. PCI engages in dialogue with government agencies, civil society organizations, and international bodies to promote press freedom and defend the rights of journalists. 6. Research and Policy Development: PCI conducts research and analysis on media-related issues and trends, including challenges facing the press, emerging technologies, media ownership patterns, and regulatory frameworks. It formulates policy recommendations to address these 11 issues and advocates for reforms to strengthen press freedom, media plurality, and the independence of journalism in India. Overall, the Press Council of India plays a crucial role in upholding press freedom, promoting ethical journalism, addressing grievances against the press, and advancing the interests of journalists and the public. By setting standards, providing redress mechanisms, and fostering a culture of accountability and professionalism in the media, PCI contributes to the healthy functioning of India's democratic society. Press Council of India - Important Facts 1. The Press Council of India is a statutory body created by the Press Council Act of 1978. It is the apex body for the regulation of the Press in India. It enjoys independence from the government. 2. The objective of Press Council of India is to preserve the freedom of the press and of maintaining and improving the standards of the press in India 3. It acts as the regulator that defines and discharge professional standards for the print media in India. 4. It is considered as the most important body that sustains democracy and to ensure that freedom of speech is protected. 5. It arbitrates the complaints against and by the press for violation of ethics and for violation of the freedom of the press respectively. Press Council of India (PCI) - Composition 1. PCI has a Chairman 2. Apart from the Chairman there will be 28 members. The Composition of 28 Members in PCI are listed below. 1. 2 Rajya Sabha Members 12 2. 3 Lok Sabha Members 3. 7 Working Journalists (other than editors of newspapers) 4. 6 Editors of Newspapers 5. 3 people with specialized knowledge on public life 6. 1 person who manages news agencies 7. 6 persons in the business of managing newspapers. Press Council of India (PCI) - Appointment of Members Chairman of PCI - Selection The Chairman of PCI is selected by 3 people, holding the following positions. 1. Chairman of Rajya Sabha 2. Speaker of Lok Sabha 3. A member selected by the PCI Press Council of India - Functions of PCI - 1. Making sure that newspapers are able to maintain their independence. 2. Maintain high standards of news for public consumption. 3. Keep a track on the developments that might obstruct the flow of information or news freely. 4. Build a code of conduct for the journalists for high professional standards. 5. Build a code of conduct for news agencies to maintain high professional standards. 6. Provide training to new journalists. 7. It works to promote technical and other research areas related to news. 13 Press Council of India - Powers 1. An editor or journalist can complain about the professional misconduct or violation of journalistics ethics by an editor or journalist. 2. PCI is responsible for enquiring about the complaints it receives. 3. It can summon witnesses, demand copies of public records. 4. PCI can issue warnings, criticize the guilty, it could be journalist, newspaper, newspaper agency or editor. 5. Decisions taken by the Press Council of India and it cannot be appealed before a court of law. Press Council of India - Limitations of its Powers There are 2 main factors that restrict the powers of the Press Council of India which are given below - 1. It only has the power to enforce standards on the print media and has no powers to enforce standards on the Electronic media. Radio, television, internet comes under electronic media. Journals, magazines, newspapers etc come under the category of print media. 2. While enforcing the issued guidelines, it has very limited powers. It cannot penalize anyone for violation of the guidelines. 14 ASCI (ADVERTISEMENT STANDARDS COUNCIL OF INDIA) The Advertising Standards Council of India (ASCI), founded in 1985, is dedicated to the cause of self-regulation in advertising and the protection of consumers' interests. ASCI was founded with the backing of all four advertising-related sectors: advertisers, advertising agencies, media (including broadcasters and the press), and others such as public relations firms and market research firms. ASCI's heart and soul is the Consumer Complaints Council (CCC). This collection of distinguished individuals has provided significant momentum to ASCI's activities and self-regulation in advertising. Advertising Standards Council of India (ASCI) Significant features of advertising standards council of India are − The Advertisement Standards Council of India (hereafter "ASCI") was founded in 1985 under Section 25 of the Companies Act of 1956. It is a "voluntary, self-regulatory council" that has been registered as a non-profit corporation. A board of governors, members of the Consumer Complaints Council, and a secretariat comprise the ASCI staff. The ASCI Board of Directors is comprised of a governor and 16 members from renowned businesses, including media agencies, advertisers, and others active in the advertising market. It is essential to remember that the ASCI is not a government agency and is not tasked with creating laws for the general population. 15 The Consumer Complaints Council is the authority in charge of assessing and investigating complaints from customers and the general public on any violations of the News Broadcasting Association's Code of Conduct and advertisement ethics. Functions of Advertising Standards Council of India (ASCI) Major functions are − 1. The ASCI has developed a self-regulatory code as part of its commitment to advancing consumer interests.The responsibility for the observance of this Code for Self-Regulation in Advertising lies with all who commission, create, place or publish any advertisement, or assist in the creation or publishing of any advertisement. All advertisers, advertising agencies and media are expected not to commission, create, place or publish any advertisement which is in contravention of this Code. This is a self-imposed discipline required under this Code for SelfRegulation in Advertising from all involved in the commissioning, creation, placement or publishing of advertisements. This Code applies to advertisements read, heard or viewed in India even if they originate, or are published abroad, as long as they are directed to consumers in India or are exposed to significant number of consumers in India. The ASCI also welcomes consumer complaints against unfair, untruthful, or deceptive statements and ads; all such complaints are independently reviewed by the Consumer Complaints Council. 2. ASCI detected commercials for paints, clothes, detergents, skin care, air conditioners, fans, water purifiers, plywood and laminates, supplements, and food, all of which promised COVID-related advantages. 16 3. It deals with complaints against online real money gambling advertisements and will provide thorough rules for the industry. It investigates whether the advertisements violate the Drugs and Magic Remedies Act. Mission of ASCI ASCI has one overall goal: "To preserve and strengthen the public's faith in advertising." ASCI strives to guarantee that ads adhere to its Code of Self-Regulation, which mandates that advertisements be accurate and fair to customers and rivals. Within the confines of universally recognized public decency and propriety norms. Not used in an indiscriminate manner to promote things that are dangerous or damaging to society or to people, particularly children, to an extent that is unacceptable to society at large. ASCI Code and Guidelines ASCI's brand extension codes and rules are as follows − To be regarded as authentic, the brand extension of items like liquor, cigarettes, and so on must be registered with a relevant government entity such as the Food Safety and Standards Authority of India. In-store availability must be at least 10% that of the leading brand in the category in which the product competes, or sales revenue must surpass Rs 5 crore per year or Rs 1 crore per year in each state in which it is distributed. 17 For such turnover and distribution statistics, it must have a suitable certificate from an impartial agency. The advertisement is terminated if it does not meet the standards or if the data presented is not approved by an impartial organization. Furthermore, advertisers are not permitted to present commercials or even hint at things that are illegal or restricted by law. Role of the Advertising Standards Council of India (ASCI) as a self-regulatory body to curb misleading advertisements The Advertising Standards Council of India (ASCI) is a self-regulatory and non-governmental organization that was founded in 1985. The council's members are well-known Indian companies, including advertisers, public relations firms, media and advertising agencies, and other advertising professionals. It was designed to guarantee that all advertising is lawful, respectable, honest, and true, as well as to instil a sense of social responsibility toward customers and adherence to fair competition standards. In August 2006, the Ministry of Information and Broadcasting issued a regulation requiring all TV advertising in India to use ASCI codes. The Advertising Council has become more effective and significant as a result of this change. The primary goals of this self-regulatory agency are as follows To verify the veracity and honesty of ads' promises, as well as to protect consumers from deceptive advertisements. To guarantee that the advertising is neither obscene nor insulting to the general public. To protect consumers from the advertising of items that are regarded as dangerous and are undesirable to society as a whole.The Department of Consumer Affairs (DoCA) and The Advertising Standards Council of 18 India (ASCI) both operate with a mutual goal of protecting consumer interests. This objective is central to the missions of both ASCI and the Central Consumer Protection Authority (CCPA) when it comes to the issue of misleading advertisements. It is noteworthy that ASCI's code and associated guidelines in the area of advertising are harmonious with several guidelines enforced by the Central Consumer Protection Authority. These encompass guidelines concerning misleading advertisements, dark patterns, influencer guidelines, coaching institutes, greenwashing and more. In light of this alignment, the CCPA has recognized that any violation of ASCI's code pertaining to misleading advertisements may potentially contravene the Consumer Protection Act of 2019 and its related guidelines. Therefore, the CCPA has requested ASCI to forward any advertisement that is noncompliant with the ASCI Code and could potentially violate the Consumer Protection Act, 2019, along with its accompanying guidelines, to CCPA for appropriate action. Any such case escalated by ASCI concerning misleading advertisements will be promptly addressed and handled in strict accordance with the Consumer Protection Act 2019 by the CCPA. To ensure fair advertising so that consumers are adequately informed about market options and to sustain fair competition. If an advertisement contravenes any of the above-mentioned standards, the consumer or even an industry can file a complaint with the ASCI. In fact, the Council encourages customers to submit advertisements that they believe are unfair or deceptive. When ASCI receives a complaint, it notifies the advertiser and provides him with two weeks to respond. Furthermore, the Advertising Standards Council of India (ASCI) refers the complaint and the advertiser's response to the Consumer Complaint Council for determination. 19 If the ASCI does not get a response from the advertiser, the Consumer Complaint Council has the authority to make an ex-parte judgment. If the advertising is deemed deceptive, the Complaint Council may request that it be modified or removed. According to an Economic Times article, ASCI evaluated 415 complaints against ads from December 2018 to January 2019. After reviewing the advertising, the Consumer Complaint Council initiated action against the marketers. These contested ads were from the education, healthcare, food and beverage, personal care, and other industries. Throughout the recent Indian Premier League (IPL), ASCI kept a close eye on the liquor brand extensions that appeared during the game and filed complaints against eight such commercials in the previous month that allegedly violated ASCI guidelines. These were commercials for whisky, beer, and white liquor. In all of the examples mentioned, ASCI alerted the advertisers and requested a response within 24-48 hours. Conclusion To increase their capital, huge businesses try to mislead customers through unclear, deceptive, and unjust commercials that provide insufficient proof to back up their promises and provide an exaggeratedly favorable picture but subsequently turn out to be a terrible experience for the consumers. Misleading commercials have a financial, emotional, and even bodily impact on consumers. Current poor experiences can instil dread in the customer, especially during a time like this epidemic. Because commercials are successful in promoting a product and have a powerful impact on people, marketers have a moral obligation to practice and comply with the code of ethical advertising, and ASCI plays an important role in protecting consumers from deceptive advertisements. 20 CCC (Consumer Complaints Council) Of ASCI - The Consumer Complaints Council (CCC) of ASCI functions as its examining body, which considers complaints raised and the response of the advertiser (whether or not the advertiser is a member or a nonmember of ASCI), before giving its recommendations on whether the advertisement in question violates the provisions of the Code. All recommendations of CCC / Fast Track Complaints Panel (FTCP) / FTC Review Panel (FTCR) / CCC Review Panel (CCCR) / Re-examination / Independent Review Process (IRP) are published on the ASCI website and in the ASCI Annual Report. ROLE AND FUNCTIONS OF CBFC (CENTRAL BOARD FOR FILM CERTIFICATION) The Central Board of Film Certification (CBFC) has a significant history in India, dating back to its establishment in 1952 under the Cinematograph Act. Originally known as the Central Board of Film Censors, its primary role was to regulate the exhibition of films and ensure compliance with censorship standards. In 1983, it was renamed the Central Board of Film Certification, reflecting a shift towards certification rather than censorship. Over the years, CBFC has evolved its certification categories to reflect the diversity of Indian cinema and audience preferences. It has faced challenges and controversies regarding censorship decisions, freedom of expression issues, and certification standards. Efforts have been made to modernize CBFC's operations, including online certification and stakeholder consultations. Today, CBFC plays a crucial role in certifying films for public exhibition while balancing artistic freedom with societal norms and cultural sensitivities. 21 The Central Board of Film Certification (CBFC) in India has several major responsibilities, all aimed at regulating and certifying films for public exhibition. Here are the critical duties of CBFC: 1. Film Certification: The primary responsibility of CBFC is to certify films for public exhibition. Before a movie can be released theatrically, broadcast on television, or distributed through other platforms, it must undergo the certification process administered by CBFC. This process involves reviewing the film's content and assigning an appropriate certification category based on its content and suitability for different audience groups. 2. Ensuring Compliance: CBFC ensures that films comply with the provisions of the Cinematograph Act 1952 and the Cinematograph Certification Rules 1983. It examines films to ensure they adhere to legal and ethical standards, including guidelines on obscenity, violence, nudity, religious sentiments, and public order. CBFC may require filmmakers to edit or modify their films to comply with certification requirements. 3. Certification Categories: CBFC categorizes films into different certification categories based on their content and suitability for various audience groups. The primary certification categories include "U" (Universal), "UA" (Parental Guidance), "A" (Adults Only), and "S" (Restricted to Specialized Audiences). These categories guide viewers regarding the film's content and help ensure that films are appropriate for their intended audience. 4. Advisory Role: Besides certifying films, CBFC may provide advisory suggestions to filmmakers regarding modifications or cuts that could be 22 made to comply with certification requirements or avoid controversy or public backlash. CBFC may offer guidance on sensitive or contentious issues in films and recommend changes to mitigate potential concerns. 5. Public Awareness: CBFC raises public awareness about the importance of film certification and the role of CBFC in regulating the film industry. It educates filmmakers, distributors, exhibitors, and the general public about certification requirements, censorship guidelines, and the importance of responsible filmmaking. CBFC also disseminates information about film certification through its website, public announcements, and outreach programs. 6. Dispute Resolution: CBFC may play a role in resolving disputes related to film certification, censorship, or content regulation. It provides a forum for filmmakers, producers, distributors, and other stakeholders to voice their concerns and seek redressal for grievances related to certification decisions or regulatory issues. CBFC may review certification decisions, conduct hearings, and issue rulings or recommendations to resolve disputes fairly and impartially. Overall, the Central Board of Film Certification (CBFC) plays a crucial role in regulating and certifying films for public exhibition in India. Its responsibilities include ensuring compliance with legal and ethical standards, categorizing films into different certification categories, providing advisory suggestions to filmmakers, raising public awareness about film certification, and resolving accreditation and content regulation disputes. Describe the categories of film certification - 23 In India, films are categorized into different certification categories by the Central Board of Film Certification (CBFC) based on their content and suitability for different audience groups. Here are the main categories of film certification in India: 1. U (Universal): Films certified as "U" are suitable for all age groups. They contain content appropriate for children and can be enjoyed by viewers from diverse backgrounds without any age restrictions. "U" certified films are typically family-friendly and do not contain any content that may be considered unsuitable for children. These films are free from violence, nudity, sexual content, or other adult themes. "U" certified films are considered safe for family viewing and are often targeted to a broad audience. 2. UA (Parental Guidance): Films certified as "UA" are suitable for audiences of all ages but may contain some content that requires parental guidance for younger viewers. They may include mild violence, language, or thematic elements that may not be suitable for very young children. Parental discretion is advised for viewers under the age of 12. "UA" certified films balance family-friendly entertainment and mature themes, catering to various audiences. 3. A (Adults Only): Films certified as "A" are restricted to adult audiences only. 24 They may contain content that is not suitable for children, including scenes of violence, nudity, sexual content, or other adult themes. Only viewers above 18 are allowed to watch "A" certified films. These films are intended for mature audiences seeking more explicit or provocative content. "A" certified films may require parental guidance due to their mature themes and content. 4. S (Restricted to Specialized Audiences): Films certified as "S" are restricted to specialized audiences, such as doctors, scientists, or researchers. They contain highly specialized, technical, or educational content that may only suit some audiences. "S" certified films are tailored for specific target groups and may include content that is not accessible or relevant to the general public. These films serve a distinct purpose and are intended for audiences with specialized knowledge or interests. These certification categories guide viewers regarding the film's content and help ensure that films are appropriate for their intended audience. Filmmakers must comply with the certification guidelines set by CBFC and display the proper certification category prominently in their films' promotional materials and advertisements. 25 NEWS BROADCASTING STANDARDS AUTHORITY OF INDIA: The News Broadcasting Standards Authority (NBSA) of India is a self-regulatory body established by the News Broadcasters Association (NBA) to oversee and regulate the content aired by news channels in India. The News Broadcasters and Digital Association (NBDA) formerly known as the News Broadcasters Association (NBA) is a private association of different current affairs and news television broadcasters in India. It was established by Indian news broadcasters on 3 July 2007. The Association was set up to deal with ethical, operational, regulatory, technical and legal issues affecting news and current affairs channels. In August 2021, News Broadcasters Association was renamed as News Broadcasters & Digital Association after inclusion of digital media news broadcasters in the association. NBSA is an independent nine-member body set up by the News Broadcasters Association (NBA) for self-regulation of 24X7 news channels that are part of NBA. It functions both as a watchdog and grievance redressal body. NBSA is entrusted with the task to consider and adjudicate upon complaints about broadcasts on member news channels. The body also issues guidelines for covering sensitive news from time to time. Objectives of NBSA - The objects of NBDSA is to lay-down and foster high standards, ethics and practices in news broadcasting, including entertaining and deciding complaints against or in respect of broadcasters in so far as these relate to the content of any broadcast. 26 NBDSA administers the Codes of Ethics & Broadcasting Standards, which has been voluntarily drawn by the News Broadcasters & Digital Association (NBDA) for its member broadcasters to demonstrate their commitment to responsible broadcasting and to self regulate themselves. NBDSA has no involvement in the day-to-day operations of the broadcasters. NBDSA does not monitor programming, nor does it pre-clear or pre-censor programming. The broadcasters have complete creative and editorial independence. In discharging its functions as aforesaid the NBDSA shall act consistently with the following precepts: Maintaining and improving the standards of broadcast, and maintaining the independence of broadcasters, television journalists and/or news agencies; Ensuring compliance by broadcasters, television journalists and news agencies with the Code of Conduct and adherence by the said persons to high professional standards; Ensuring the maintenance of high standards of public taste and fostering a due sense of both the rights and responsibilities of citizens; Fostering and encouraging the growth of a sense of responsibility and public service among all those engaged in and associated with the profession of television journalism and business of broadcasting; ? Keeping under review and scrutiny any developments likely to or having the tendency to restrict the gathering, supply and dissemination of news of public interest and importance: 27 Such other aspects as may be incidental, consequential, related and/or otherwise materially concerned with the above precepts. Here's a detailed explanation of the roles and responsibilities of the NBSA: 1. Content Regulation: The primary responsibility of the NBSA is to regulate the content broadcasted by news channels in India. It ensures that news content adheres to ethical standards, journalistic principles, and legal norms. NBSA reviews news programs, debates, discussions, and other content aired by news channels to assess compliance with journalistic ethics and guidelines. It evaluates news coverage's accuracy, fairness, objectivity, and impartiality, ensuring that news channels present information truthfully, balanced, and unbiasedly. 2. Complaint Redressal: NBSA operates a complaint redressal mechanism where viewers, stakeholders, and public members can lodge complaints against news channels for violations of ethical standards or guidelines. It reviews complaints received against news channels, conducts investigations, and issues rulings or recommendations based on the findings. NBSA ensures timely and impartial resolution of complaints, providing recourse for aggrieved parties. 3. Code of Ethics and Guidelines: 28 NBSA formulates and updates a code of ethics and guidelines for news broadcasters in India. The code outlines principles and standards for ethical journalism, including accuracy, fairness, impartiality, and sensitivity to privacy and dignity. It guides news channels on various aspects of news reporting, including reporting on sensitive issues, covering emergencies and disasters, using visuals, and handling confidential or sensitive information. 4. Monitoring and Enforcement: NBSA monitors the content aired by news channels to ensure compliance with the code of ethics and guidelines. It conducts regular assessments, spot checks, and audits of news programs to identify violations or lapses in compliance. In non-compliance or code breaches, NBSA takes appropriate action, including issuing warnings, censures, fines, or recommendations for corrective measures. It strives to maintain accountability and discipline within the news broadcasting industry. 5. Public Awareness and Education: NBSA engages in public awareness and education initiatives to promote an understanding of ethical journalism and the role of news broadcasters in fostering informed citizenship. It conducts workshops, seminars, and training programs for journalists, media professionals, students, and other stakeholders to raise awareness about journalistic ethics, media literacy, and responsible news reporting practices. 29 6. Stakeholder Engagement: NBSA engages with stakeholders, including news broadcasters, journalists, government agencies, civil society organizations, and the public, to solicit feedback, address concerns, and foster dialogue on issues related to news broadcasting standards. It collaborates with regulatory authorities, industry bodies, and other stakeholders to develop best practices, address emerging challenges, and enhance the quality and credibility of news broadcasting in India. Overall, the News Broadcasting Standards Authority (NBSA) plays a critical role in upholding ethical standards, promoting accountability, and ensuring the integrity and credibility of news broadcasting in India. Through its regulatory functions, complaint redressal mechanism, and advocacy efforts, NBSA maintains a free, fair, and responsible news media landscape in the country. Some major responsibilities - The News Broadcasting Standards Authority (NBSA) of India serves as a self-regulatory body tasked with ensuring that news content aired by broadcasters adheres to ethical standards, journalistic principles, and legal norms. Let's break down each point in detail: 1. Ensures Impartiality, Objectivity, Neutrality: Impartiality, objectivity, and neutrality are fundamental principles of journalism aimed at presenting news fairly, balanced, and unbiasedly. 30 NBSA ensures that news channels maintain impartiality by presenting diverse perspectives, providing context, and avoiding bias or favouritism in reporting. It emphasizes the importance of objectivity in news coverage, encouraging factual accuracy, verification of sources, and avoidance of sensationalism or speculation. Neutrality entails refraining from taking sides or promoting particular agendas, allowing viewers to form opinions based on accurate and balanced information. 2. Discretion (Crimes Against Women and Children): NBSA emphasizes discretion in reporting on crimes against women and children to protect their dignity, privacy, and rights. It encourages sensitivity and responsible journalism when covering sensitive topics such as sexual assault, domestic violence, child abuse, and trafficking. NBSA advises news channels to exercise caution in the depiction of graphic details or explicit imagery related to such crimes, considering the potential impact on survivors and victims' families. 3. Privacy: NBSA upholds the right to privacy and confidentiality in news reporting, respecting individuals' personal and sensitive information. It advises news channels to obtain consent before disclosing private details or identifying individuals involved in sensitive situations, such as medical emergencies, legal proceedings, or personal crises. 31 NBSA promotes ethical practices in handling confidential information and protecting the privacy rights of individuals, particularly in cases involving public figures or vulnerable groups. 4. National Security: NBSA ensures that news channels do not endanger national security or compromise sensitive information that could pose risks to public safety or the integrity of the state. It advises broadcasters to exercise caution in reporting national security, terrorism, defence operations, or sensitive government activities. NBSA emphasizes responsible journalism and compliance with legal restrictions or guidelines aimed at safeguarding national security interests without compromising the principles of press freedom and freedom of expression. 5. Prevents Glorification of Violence and Crime: NBSA prohibits the glorification or sensationalization of violence and crime in news coverage, recognizing the potential negative impact on public perception, social attitudes, and community safety. It advises news channels to avoid graphic or gratuitous depictions of violence, crime scenes, or criminal activities that could incite or normalize violent behavior or desensitize viewers to the consequences of violence. NBSA promotes responsible reporting on crime by focusing on factual accuracy, contextualization, and public interest considerations while respecting the rights and dignity of victims, survivors, and affected communities. 32 6. Prevents Encouragement of Superstition and Occultism: NBSA prohibits promoting or encouraging superstition, occultism, pseudoscience, or supernatural beliefs in news content. It advises news channels to refrain from sensationalizing or endorsing irrational beliefs, magical practices, or unscientific claims that lack empirical evidence or logical reasoning. NBSA promotes rationality, critical thinking, and evidence-based reporting, encouraging journalists to debunk myths, challenge misinformation, and uphold the principles of rational inquiry and scepticism in news coverage. 7. Prevents Showcasing Sex and Nudity: NBSA prohibits the gratuitous or exploitative portrayal of sex and nudity in news content, recognizing the potential for harm, offense, and exploitation. It advises news channels to exercise discretion and sensitivity when reporting on topics related to sexuality, intimacy, or nudity, considering the diverse audience demographics and cultural sensitivities. NBSA emphasizes responsible and ethical journalism in addressing issues related to sexuality, gender, and body image, promoting respectful and dignified representations that uphold human dignity, diversity, and equality. In summary, the NBSA of India is crucial in ensuring ethical standards, promoting responsible journalism, and safeguarding the interests of viewers and society. By upholding principles such as impartiality, objectivity, sensitivity, and 33 respect for privacy and dignity, NBSA maintains a credible, trustworthy, and socially responsible news media landscape in India. 34