Centre & State govts should not be in the broadcasting business: MIB

The Ministry of Information and Broadcasting (MIB) has issued an advisory making it clear that the Central, State and Union Territories Governments as well as ministries and government departments should not be in the business of broadcasting/ distribution of TV channels.

In the advisory issued on October 21, 2022, the MIB stated: “ln the context of the demand of some states to have their own broadcasting stations, TRAI had quoted the views of the Sarkaria Commission and the Verghese Committee and noted that in order to control the centrifugal tendencies, the demand for either a concurrent or an exclusive power to the states with respect to broadcasting cannot be supported.”

The Telecom Regulatory Authority of lndia (TRAI) had made recommendations on ‘lssues relating to entry of certain entities into broadcasting and distribution activities’ on many occasions. ln its latest recommendations, TRAI had, inter alia, recommended that the central or state government ministries, state or central departments, central/ state government-owned companies, state/ central government undertakings, Joint Ventures of the central or state government and the private sector and other government-funded entities should not be allowed to enter into the business of broadcasting and/or distribution of TV channels.

The TRAI had relied on the spirit of the Sarkaria Commission’s recommendations and the Supreme Court’s judgement in the case of Cricket Association of Bengal in its recommendations. The Supreme Court had observed, inter alia, that state control really means governmental control.

The Ministry of Law and Justice also concurred with the MIB, observing that the views expressed by TRAI are acceptable. The Ministry of Law and Justice opined that central/ state government should not enter into the business of broadcasting and distribution of TV channels.

ln view of the recommendations of TRAI, and the judgement of the Supreme Court and the legal opinion given by the Ministry of Law and Justice, the MIB has come to the conclusion that no central government ministries/ departments, state/ UT governments and related entities should enter into the business of broadcasting/ distribution of TV channels.

According to the Ministry, public service broadcasting should be in the hands of a statutory corporation or corporations set up under a statute and the constitution of such corporation or corporations should be such as to ensure their impartiality in political, economic and social matters and on other public issues, and they should promote pluralism and diversity of opinions and views.

The advisory pointed out that Section 4 of the lndian Telegraph Act 1885, gives exclusive privilege in respect of telegraphs and power to grant licenses to the Central Government.

The importance of Prasar Bharati, which is an independent statutory body, should also not be lost sight of, said the advisory. TRAI has suggested that this body should fulfil the legitimate aspirations of government entities with regard to broadcasting activities, while at the same time recommending that the ‘arm’s length’ relationship between Prasar Bharati and the Government be further strengthened to enhance its autonomy and functional independence.

The advisory further stated that in order to implement the decision, it has been decided that entry of Central/ State/ UT Governments into the business of broadcast for educational purposes should be done through the Prasar Bharati route, through suitable agreements between Prasar Bharati and the concerned Central/ State/ UT Governments.

At the same time, all such existing broadcasting, if any, of all Central Government Ministries, State/ UT Governments and related entities as detailed in the TRAI recommendations will also need to be brought under the ambit of Prasar Bharati. Till the engagement with Prasar Bharati gets in place, it needs to be ensured that uninterrupted viewing of such ongoing education channels and other scheduled programmes are carried on smoothly.

The MIB has given time till December 31, 2023 for this exercise to be completed.

When Adgully reached out for comments, the spokesperson of a leading broadcaster mentioned about entities like Arasu Cable, Kalvi TV and the Andhra Pradesh Government’s IPTV service. He pointed out that under the previous NDA Government, the MIB had given provisional licence to Arasu Cable, while the Department of Televom (DoT) had given the IPTV licence to AP State Fibernet.

The spokesperson stated that this was because of “coalition compulsions” and added, “but now there are no such compulsions. They can easily incorporate the TRAI recommendations under the relevant Act.”