Don’t let out core functions to non-permitted entities: MIB to TV channels

The Ministry of Information and Broadcasting (MIB) has directed TV channels to ensure that the operations and core functions/ activities of the channel, such as content generation, content transfer and content uplink are being managed by the permission holder company/ LLP itself and are not let out to any third party, including group entities, without the prior permission of the Ministry.

MIB has issued this directive after receiving complaints regarding the violations of provisions of Policy Guidelines by certain TV Channels by misusing the permission and authorizing the operations or other core functions of the channel to non-permitted entities without the prior permission of the Ministry.

All Broadcasters permitted to uplink and/or downlink Satellite TV Channels are required to abide by the provisions of the extant Policy Guidelines, 2022 throughout the validity of permission. The Clause 26 and Clause 32 of the Policy Guidelines, 2022 along with the terms and conditions as mentioned in the permission letter emphasizes the complete control over the core operations of TV Channel, viz, content generation, content transfer and content uplink. As such, only the permitted management of the permission holder company is eligible for having the control over the core operations of the TV Channel. The Ministry is also empowered under Clause 8(e) to requisition information from broadcasters to examine their compliance to Policy Guidelines.

One of the pre-requisite conditions for grant of permission of News/ Non-news TV Channels is the security clearance from the Ministry of Home Affairs (MHA) in respect of the company/LLP and its directors/ key-executives/ shareholders, etc. It is the responsibility of every broadcaster to ensure that no person, who is not security cleared from MHA, is involved in the management of the company and is not managing the core functions of running a TV channel.

The Policy Guidelines, 2022 also provides the facility to the permission holder companies to transfer the permissions of its TV Channels/ teleport(s) to some other entity only with the prior approval of the MIB. The said provisions are enunciated in Clause 32 of extant guidelines.

MIB further warned that cases where the company is found to have misused the permission, may result into cancellation/ suspension of permission as per the provisions of Clause 26(2) of Policy Guidelines, 2022.