New IT Rules 2021: Govt yet to respond to TV News, print players’ plea on exemption

With the 15-day extension given by the Government to send compliance report for the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021, coming to an end yesterday (June 10, 2021), the Indian Newspaper Society (INS) has written to the Ministry of Information & Broadcasting (MIB) seeking more time to furnish the requisite information.

INS is an apex body of publishers of the print media industry having more than 800 member publications spread across the country. Many of its members have digital websites which are extensions of their printed newspapers.

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In its letter addressed to Kshitij Aggarwal, Assistant Director (DM), MIB, INS explained, “Due to the ongoing pandemic situation, the operations of the newspapers have been drastically impacted as most of them are operating only with the skeletal staff across the country and barely managing their day to day operational activities. As a result, they are not in a position to furnish the requisite information as desired by the due date, that is June 10, 2021.”

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The INS further said that it had earlier approached the MIB for exemption of the print media industry from the ambit of captioned rules. “We have also represented that we should be allowed six months’ time to examine and establish a self-governing, independent, empowered and transparent body,” the print body added.

Along with the print media, the broadcasters’ body has also written to the MIB, seeking exemption and exclusion of traditional television news media and its extended presence on Digital News Platforms from the ambit of the new IT Rules 2021. In a letter addressed to I&B Minister Prakash Javadekar, News Broadcasters Association (NBA) President Rajat Sharma had stated that enough safeguards existed to regulate the content of both television news media and digital news media.

The NBA pointed out that traditional news media is already governed under the provisions of the Cable Television Networks Regulation Act, 1995 [Cable TV Act], Cable Television Networks Rules, 1994 [Cable TV Rules], Uplinking and Downlinking Guidelines 2011, which require the traditional news media to be compliant with the ‘Programme Code and Advertising Code’ under the Cable TV Act and the Cable TV Rules.

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The “Electronic Media Monitoring Centre” (EMMC) [which is a subordinate office under the MOI&B] monitors the content of electronic media/ television channels in respect of any violations of the Cable TV Act and the Cable TV Rules, more specifically the ‘Programme Code and Advertising Code’.

The content of the traditional electronic media is also governed by Codes, Guidelines and Orders/ Directions of self-regulatory bodies like the News Broadcasting Standards Authority (NBSA) for the news genre, the Broadcasting Content Complaints Council (BCCC) for general entertainment channels and the Advertising Standards Council of India (ASCI) for advertisements.

Moreover, traditional news media also required to adhere to the Code of Ethics and Broadcasting Standards [Code of Ethics], the News Broadcasting Standards Regulations and the Guidelines issued by the NBSA, if they are members of the NBA.

“The IT Rules 2021, if applied to the digital media of the linear television medium, would only result in duplication of the adjudicatory and redressal mechanism resulting in the creation of parallel adjudicatory bodies,” the NBA insisted.

Meanwhile, the News Broadcasters Federation (NBF) has also strongly advocated with the MIB to grant exemption to TV news broadcasters, broadcasting the same content on their digital platform, since there is no variation in content in two platforms. It pointed out that broadcasters already abide by the Programme Code under the Cable and Television Network Act, Uplinking/Downlinking Policy, and other relevant legislation. “The new Digital Media Ethics Code will act as an additional compliance for the same content for digital platform shall cause a hurdle in the Ease of Doing Business of TV news Broadcasters,” the NBF said.

NBF also sought clarification from the MIB regarding the compliance of news broadcasters having TV News Channels, and modified and varied content on the digital platform. It has launched a sub-committee on Digital News Media, to cater to the regulatory challenges faced by the traditional news channels.