'TV Channels Should Appoint Grievance Officers For Viewers' Complaints' : Centre Amends Cable TV Rules

Similar to the complaint redressal structure under the new social media rules framed under the IT Act, the present rules for regulation of broadcast content provide for:

• Level I - A self-regulation by broadcasters;
• Level II - Self-regulation by the self-regulating bodies of the broadcasters; and
• Level III - Oversight mechanism by the Central Government.

Provisions for Self-regulation by Broadcasters

So, any person aggrieved by the content of a programme of a channel may file his complaint in writing to the broadcaster who will be bound to issue an acknowledgement to the complainant, within 24 hours and to dispose of the complaint within 15 days.

Every Broadcaster is thus expected to establish a complaint redressal mechanism and appoint an officer to deal with the complaints received by it.

Provisions for Self-regulation by the self-regulating body

In case the grievance is not resolved or if the complainant is dissatisfied with the outcome, s/he may prefer an appeal to the self-regulating body of which such broadcaster is a member, within fifteen days therefrom.

The self-regulating body has been accorded 60 days' time to dispose of the appeal and convey its decision in the form of a guidance or advisory to the broadcaster.

Every such self-regulating body shall be constituted by a minimum of 40 broadcasters, and will have to register itself with the Central Government within a period of 30 days.

It will be headed by a retired Supreme Court/ High Court judge or an independent eminent person from the field of media, broadcasting, entertainment, child rights, etc. It will also have up to 6 members, being independent experts in the above said fields.

The self-regulating bodies will be empowered to:

(i) issue advisory, warning, censure, admonish or reprimand the broadcaster; or

(ii) direct the broadcaster to issue an apology;

(iii) include a warning card or a disclaimer in its content;

(iv) in case of any content where it is satisfied that there is a need for taking action to delete or modify content, refer it to the Central Government for the consideration of the oversight mechanism for appropriate action.

Oversight Mechanism

Where the complainant is not satisfied with the decision of the self-regulating body, s/he may prefer an appeal to the Central Government for consideration under the Oversight Mechanism, within 15 days.

Where the broadcaster fails to comply with the guidance or advisory of the self-regulating body within the time specified in such guidance or advisory, then the self-regulating body shall refer the matter to the Oversight Mechanism within 15 days of expiry of the stipulated period.

This body will inter alia, be empowered to take action for non-compliance of its orders or directions and that of the self-regulating body.

Inter-Departmental Committee

The MIB will also constitute an Inter-Departmental Committee, chaired by its Additional Secretary, and consisting of representatives from:

• Ministry of Women and Child Development
• Ministry of Home Affairs
• Ministry of Electronics and Information Technology
• Ministry of External Affairs
• Ministry of Defence
• Other Ministries and Organisations, including experts, as the Central Government may decide.

This Committee shall meet periodically and hear complaints regarding violation or of the Programme Code and the Advertising Code that may:

• arise out of appeal against the decisions taken at the Level I or Level II;
• be referred to it by the Central Government.

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