The Government of India has, recently, focused considerable attention in creating and laying out mechanisms to prevent any unfavourable content from slipping through the cracks, and seeing the light of day. It started with the controversial Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021 (“IT Rules 2021”) notified earlier this year by the Ministry of Electronics and Information Technology and was followed by the Ministry of Information and Broadcasting (“MIB”) publishing the proposed the Cinematograph (Amendment) Bill, 2021, followed shortly thereafter, by the notification of the Cable Television Networks (Amendment) Rules, 2021 (“Cable Rules 2021”) on June 17, 2021.

The Cable Television Networks (Regulation) Act, 1995 (“Act”), as the name suggests, is the law which governs the operation of cable television networks in India. At present there are over 900 television channels which have been granted permission by the MIB all of which are required to comply with the Programme Code and Advertising Code laid down under the Cable Television Networks Rules, 1994 (“Rules”). The Cable Rules 2021 adds certain provisions to these Rules.

At first look, it may appear that the Central Government is attempting to bring the grievance redressal regulations for content on television at the same level as what has been introduced for content on digital / OTT platforms vide the IT Rules 2021, however, the Cable Rules 2021 finds its roots in Common Cause Vs Union of India & Others1 , wherein the Hon’ble Supreme Court in its order advised the Central Government to frame appropriate rules to formalize the complaint redressal mechanism. Accordingly, the changes introduced by the Cable Rules 2021 attempt to overlay a robust institutional system for redressing grievances ensuring that broadcasters follow the multilevel self-regulation mechanism and are responsible and accountable for the content that is exhibited on their channels. The key changes brought about through the Cable Rules 2021 are set out below:

• It sets out the procedure for the filing and processing of a grievance or complaint received by a broadcaster.
• It sets up a 3-tier complaint redressal structure3 , similar to the redressal mechanism in the IT Rules 2021, to ensure observance and adherence to the Programme Code and the Advertising Code laid out in the Rules, and to address any grievance or complaint on the content of any programme or advertisement of any channel. The 3 tiers are:
  • Self-regulation by broadcasters, i.e., the internal-check mechanism for each broadcaster.
  • Self-regulation by the self-regulating bodies of the broadcasters, i.e., a regulatory body to be formed by at least 40 broadcasters.
  • Oversight mechanism by the Central Government, i.e., the government ‘watch-dog’ for adherence to the Programme Code and the Advertising Code, with the power to hear and take up suo moto cognizance of any grievance / non-compliance.
• It empowers the Central Government to prohibit the transmission or re-transmission of any channel, programme, or advertisement which is not in conformity with the Programme Code and/or the Advertising Code.
• It empowers the Central Government to set up an ‘InterDepartmental Committee’ to carry out certain functions of the Oversight Mechanism and other functions.

The Act, read with the Rules, provided for a dispute resolution mechanism6 , which required every broadcaster to set up arrangements for handling complaints and redressal of grievances of the subscribers, as may be prescribed by the Central Government or by an order of the Telecom Regulatory Authority of India. The Cable Rules 2021 has filled this gap with newly inserted Rule 167 . Rule 16 provides that any person aggrieved by the content of a programme / advertisement, or a channel as being not in conformity with the Programme Code or the Advertising Code may file their complaint in writing to the broadcaster. The Cable Rules 2021 provides for timely acknowledgement and disposal of the grievances.

It is pertinent to note that there are already certain independent bodies such as the Broadcasting Content Complaints Council (“BCCC”) set up by the Indian Broadcasting Foundation (“IBF”) and the News Broadcasting Standards Authority set up by the News Broadcasters Association, which have been recognised by the MIB, and have been receiving and adjudicating on complaints in relation to content on television. Further, the Broadcasting Wing of the MIB has also set up an Inter-Ministerial Committee and an Electronic Media Monitoring Centre to address any grievances of the general public on the content on television, and to ensure compliance and issue advisory in relation to the Programme Code and the Advertising Code.8 All of these bodies, that were functioning independently till now, will now take on a statutory form under the Cable Rules 2021 and it remains to be seen whether the impact of such statutory recognition would alter the dynamics of their functioning.

While the Cable Rules 2021 attempt to articulate the procedure to be followed by anyone aggrieved by the content on television, one foreseeable consequence of this could be that there is scope for confusion on where a complaint is to be taken. There are several avenues now, starting with ASCI and the Central Consumer Protection Authority established under the Consumer Protection Act, 2019 for advertisements, the redressal mechanism laid out in the Cable Rules 2021 for films and shows on TV, and the redressal mechanism laid out in the IT Rules 2021 for films and shows that are also available on OTT platforms. Further, a broadcaster will also be receiving complaints and related communications from several avenues, causing further confusion on responses.

The introduction of self-regulating bodies is another aspect of the Cable Rules 2021 which is similar to the requirements to be followed by publishers of news and current affairs content and OTT platforms under the IT Rules 2021. Like the IT Rules 2021, the Cable Rules 2021 require every broadcaster to establish a grievance or complaint redressal mechanism, and appoint an officer to deal with the complaints received by it, display all the relevant details related to its grievance redressal mechanism, including the name and contact details of the appointed officer on its website or other appropriate place, ensure that the appointed officer takes a decision on every grievance or complaint received by it within the prescribed period, and be a member of a self-regulating body and abide by its terms and conditions. The Cable Rules 2021 go on to prescribe that the appointed officer shall be the contact point for receiving any grievance or complaint and shall be required to act as the nodal point for interaction with the complainant, the self-regulating body, and the Central Government. Needless to say, the broadcaster is mandated to comply with every advisory, guidance, order, or direction issued by the self-regulating body or by the Central Government.

One difference between the self-regulation to be conducted under the IT Rules 2021 and the Cable Rules 2021, is that under the former, an OTT platform is required to classify the content available on the platform into the categories prescribed under the IT Rules 2021, having regard to the context, theme, tone, impact, and target audience of each content, with the relevant rating based on an assessment of the content descriptors, and also display the same, in the manner required under the IT Rules 2021. As mentioned above, no such classification or certification requirement has been introduced for compliance by broadcasters. However, the Programme Code acts as a guidance document for broadcasters to adhere to the requirements.

Additionally, content on television is subject to the time-slots dictated by the Self-Regulatory Content Guidelines of the IBF9 . These guidelines already prescribe rating requirements, basis which content can be categorised as ‘Generally Accessible Programmes’ or ‘G’ programmes, for broadcast at all times in the day, and ‘Restricted Access Programmes’ or ‘R’ programmes which may not be suitable for young viewers, for broadcast only between 11 PM to 5 AM. This could be another reason why the certification is not felt to be a requirement when it comes to television programming.

In addition to self-regulation by each broadcaster, independent body(ies) are to be constituted by the broadcasters, or its association, comprising a minimum of 40 broadcasters as the second level self-regulation in accordance with the Cable Rules 2021. The self-regulating body is to be headed by a retired judge of the Supreme Court or of a High Court, or an independent eminent person from the field of media, broadcasting, entertainment, child rights, human rights, or such other relevant fields, and shall have maximum 6 other members with similar background.

The BCCC has been registered as a self-regulatory body under the IBF for redressal of grievances against the non-news television channels shortly after notification of the Cable Rules 202110. Prior to the Cable Rules 2021, the BCCC has been sincere in their efforts to regulate content on television, and have, in more than one instance, taken action against broadcasters for non-compliance with its guidelines, as well as with the Programme Code and Advertising Code, and bringing any problematic content to the attention of the MIB.

With the ongoing trend, any content regulation would be incomplete without the Centre having the final word. The third and final level of self-regulation comes in form of the ‘over-sight mechanism’, to catch any oversight at the broadcaster or self-regulation body level, and to set things straight. The Cable Rules 2021 mandates the Central Government to constitute an Inter-Departmental Committee, to hear complaints regarding violation or contravention of the Programme Code and the Advertising Code that may: (i) arise out of appeal against the decisions taken at the broadcaster or self-regulatory body level, or where no decision is taken within the prescribed time, or (ii) be referred to it by the Central Government and make recommendations to the Central Government, after examining the complaints.

This Inter-Departmental Committee will comprise of the Additional Secretary in the Ministry of Information and Broadcasting, representatives from the Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, and experts and representatives of other Ministries and Organisations, and is authorised to devise its own procedure for hearing grievances or complaints.

The Central Government’s oversight is also the subject matter of the Cinematograph (Amendment) Bill, 2021 (“Bill”) to amend the Cinematograph Act, 1952. The Bill primarily introduces the following: (a) age-based sub-categories of the ‘U/A’ certification granted to films, i.e., U/A 7+, U/A 13+ and U/A 16+, (b) prohibits and penalizes unauthorized recording or transmission of a copy of a film, (c) and grants revisional powers to the Central Government over a film certification granted by the Central Board of Film Certification (“CBFC”). The clause regarding revisional powers is most apprehensive, especially since this power has already been held by the Supreme Court to be an exercise in excessive delegation of the statutory safeguards.

The most immediate and pressing concern arises that now, the Central Government is empowered to, in a rather indefinite fashion, to issue appropriate directives in relation to content exhibited across platforms. The general underlying theme of the Cable Rules 2021, the IT Rules 2021, and the Bill seems to be that the Central Government is keen on stepping in, and passing orders for compliance with vague and subjective codes and guidelines. The Central Government may take refuge under Article 19(2) of the Constitution of India which permits the Government to impose reasonable restrictions upon the freedom of speech and expression however the Cable Rules 2021, the IT Rules 2021, and the Bill seems to be an attempt to control what the content that is produced and Urjitah Srikanth is a Senior Associate at TMT Law Practice. She graduated in 2018, and enrolled with the Bar Council of Maharashtra and Goa. Since her graduation, she has worked with boutique IP law firms, servicing media and trademark (prosecution) clients, and has also worked in-house for a music label and publisher. She has had the opportunity to work with production houses, talent managers, OTT and audio streaming platforms, artists – actors, singers, performers, songwriters (authors and composers), writers, etc. available for consumption, but also to monitor what is being consumed on several media, and seems to be violative of the principle of separation of powers.

It has not been much time since the Cable Rules 2021 were notified and the Bill is yet to become the law of the land, but if history provides any indication as to what is to come, the IT Rules 2021 have not been received very well and have been heavily criticised. While the IT Rules 2021 have prepared the major broadcasters which have their own OTT platforms to comply the multi-level grievance redressal mechanism set out in the Cable Rules 2021, certain provisions of IT Rules 2021 have been challenged for being violative of fundamental right to freedom of speech and expression and the outcome of these petitions remains to be seen. Only time will tell if the Cable Rules 2021 is intended for grievance redressal or censorship.