Author: Siddharth Varshney
The Cable Television Networks (Amendment) Rules, 2021 (“Amendment Rules”) came into effect on June 17, 2021 with the notification in the Official Gazette by the Ministry of Information and Broadcasting. The Amendment Rules provides a three-tier statutory grievance redressal mechanism viz. self-regulation by broadcasters, self-regulation by the self-regulating bodies of broadcasters and an oversight mechanism by the Government of India. The structure provided is as explained below:
Level I: Self-Regulation by broadcasters
Rule 17 of the Amendment Rules provides that each broadcaster is required to set in place a grievance/complaint redressal mechanism and to appoint an officer to deal with the complaints. The broadcaster is also required to display the contact details related to its grievance redressal mechanism and grievance officer on its website. Also, the officer shall respond to all complaints within 15 days from date of receipt of it.
Level II: Self-regulation by the self-regulating body of broadcasters
Rule 18 of the Amendment Rules provides for constitution of the independent self-regulatory bodies (each by minimum of 40 broadcasters), such bodies must be headed by a retired Supreme Court Judge/High Court Judge/ an independent eminent person belonging to the field of media, broadcasting, entertainment, child rights, human rights or other relevant fields. The Rule further provides that such self-regulating body must register itself with the Central Government.
Further, such self-regulating body shall ensure the adherence of the Programme Code and the Advertising Code by the broadcasters and also act as an appellate body for the appeals arising against the decision of the broadcaster. The self-regulating shall dispose of the appeal within 60 days from the receipt of the appeal and such body shall also have the power to dispose-off the complaints which has not been resolved by the broadcaster within the stipulated time period of 15 days.
Level III: Oversight Mechanism by the Central Government
Rule 19 of the Amendment Rules provide that the Central Government shall facilitate the adherence to the Programme Code and the Advertising Code by the broadcasters and develop an oversight mechanism. Further, Rule 20 provides for constitution of an interdepartmental committee, chaired by the Additional Secretary in the Ministry of Information and Broadcasting and containing representatives from various ministries such as Ministry of Woman and Child Development and Ministry of Home Affairs. This interdepartmental committee shall devise its own grievance redressal procedure for complaints arising out of Level I and Level II mechanisms.
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