News channels may be worst hit by Content Code

Regulator free to pass any order in case of code violation; code says infringement of privacy must be avoided

NEW DELHI: Even as all TV broadcasters would be regulated by the Content Code, the draft for which was placed in the public domain on Friday to seek final industry views on it by August 5, the worst hit appears to be the news and current affairs channels.

A separate section has been devoted for dos and don'ts of news channels, and without naming `sting operations', the Code has elaborated on how `infringement of privacy' must be avoided unless there is a larger public interest involved. News channels would even be required to issue prior warning and mask visuals, depending on the content shown, if the Code becomes law.

In a two-hour meeting with I&B officials on Friday, news channel representatives have told the government that they should be kept outside the ambit of the Content Code as they already have self-regulation in place.

The government has reasoned that the objective to bring the Code is "to protect the vulnerable sections from harmful and undesirable content on TV." Besides setting watershed timings for `A' and `U/A' programmes, films, music albums and promos (11 pm to 4 am for A films and 8 pm to 4 am for U/A) and framing guidelines for what constitutes crime and violence, sex and obscenity, libel and slander etc, the government has given a long charter to the news channels.

As for others, all films (including foreign), music videos, promos, trailers and songs must obtain prior certification from CBFC or another authority specified by the broadcast regulator.

Although the Code talks about a self-regulatory mechanism for broadcasting service providers or channels, ultimately a regulator (Broadcasting Regulatory Authority of India) would be the monitoring authority.

Based on complaints from any individual or group of individuals, a programme can be taken off air or its content can be modified. Also, a channel may be made to apologise in "a suitable manner". The broadcast regulator, if a case is referred to it, may "pass any order as it may deem fit", in addition to asking violating channels to modify content, or taking them off air.

For news and current affairs programming, broadcasters must edit the content as well as carry prominent warnings according, if it is felt to be unsuitable for viewing in accordance with the certification norms. Also, such portions of news should be suitably masked, according to the Code. "We need to be aware that a damage or injustice resulting from news and current affairs contents of TV can't be undone post facto," it has added. Hence, the need for a separate guideline for news.

Conditions have been put in place for live and interactive news programmes as well. For instance, if any utterance of a 'guest' in a programme violates the certification norms, the anchor must give a balanced view of the discussion in the end, and clearly state that that the views of the participants were their own.

The rules for news channels include reporting with due accuracy and impartiality; actual news should precede the commentary and analysis; views both for and against must be presented in a balanced manner in a talk show; avoiding sensationalism and alarming details. Also, the Code states that there should not be any trial by media since "a man is innocent till proven guilty by law".

Perhaps referring to sting operations, the Code says that "infringement of privacy in a news based programme is a sensitive issue. "Therefore, this calls for exercise of great degree of responsibility on the part of the channel, while telecasting any such programme, as may be breaching privacy of individuals." It also says "door stepping" for news or news-based programmes should be avoided.