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Media Industry Content Regulation – Enforcement or Self Regulation?

Media in India

Indian Broadcasting Federation (IBF) the Indian television industry’s official body, has just announced their proposed code for regulation of content for satellite TV channels. Billed as the ‘mother of all codes’, this set of rules is part of a an ongoing attempt at self-regulation by private Indian electronic media.

Considering that IBF’s guidelines are more stringent than the Indian Government’s “programming code” and that IBF had earlier published norms for surrogate advertising, it certainly seems like the industry is serious about self-regulation.

On another front the Indian Editors Guild has announced a draft code for Print & TV journalists. Earlier, a former Press Council Chairman had suggested setting up of a Media Council to keep watch on the electronic & print media.

Towards this end, the Govt's proposed Media Council Act will lay down guidelines to regulate content for the media & media persons, as Cable Television Network Act has no where specified provisions for the regulation of content.

For good measure, the Indian Government has also announced a watchdog body to keep an eye on & monitor television channel content.

The United Kingdom

Meanwhile, in the United Kingdom, considered as one of the more advanced ‘television’ countries, the recently appointed media regulator Ofcom, has plans for giving the ad industry a strong role in policing television advertising – albeit without referring it to as "self-regulation". (The draft communications bill unveiled by the Govt. in 2002 did not specify who is responsible for policing broadcast ads – this led to intense lobbying by the advertising industry for self-regulation.)

Ofcom has proposed setting up of a television industry body to be manned by the industry, with Ofcom's involvement limited to auditing this body periodically.

At the same time, the U.K. Government has declared February 14, 2003 as the date for enforcing the Tobacco Advertising & Promotion Act 2002 – which will effectively ban tobacco advertisements, including the most intricate forms of surrogate advertising & sponsorships in the United Kingdom (in a phased manner over the next 6 months).

Co-Regulation - A Practical Solution

Back to India. Although the television industry is relatively new, it has already set up IBF – the industry body which amongst other roles, is also to serve as a self-regulating watchdog. (This is notwithstanding the fact that the alcohol brands continue their ‘surrrogate advertising campaigns’ on Indian television, despite IBF’s attempt at self regulating of “surrogate ads”!)

On one hand, expecting a TV channel to refuse lucrative business based on noble principles is unrealistic. As unrealistic as expecting an auditor to go against management to protect the shareholders’ interest, when in reality, his fees are sanctioned by the same ‘management’!

On the other hand, absolute dictatorship of TV channel content by Govt. is hardly acceptable. (As happened recently, when the Lebanese Govt. unilaterally blacked out private channel New-TV.)

A practical solution is to have an industry self-regulatory body (like IBF) who plays the role of policy maker & day-to-day watchdog. Along with a ‘higher authority’ (Government body) who will periodically audit the watchdog and ensure that it stays in line.

Perhaps this is what Lord David Currie, Chairman of U.K.’s regulator Ofcom meant by “Co-regulation”.


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