Hope MIB implements digital rules with due regard to freedom of expression: IT Committee

The Standing Committee on Information Technology headed by Congress MP Shashi Tharoor has presented the 25th report on the Demands for Grants (2021-22) of the Ministry of Information and Broadcasting (MIB). The report was presented to Lok Sabha on 10th March and was laid in the Rajya Sabha on the same day.

While acknowledging that the new rules under the IT Act 2000 would bring an institutional mechanism for a level playing field for all other media categories, the committee said that initiatives like updation of mandate and framing rules for OTT/content on the online platform "should have been concurrent with the emergence and convergence of technology so that valid and genuine concerns are addressed at the nascent stage itself".

The committee also said that it looks forward to discussing the Information Technology (Intermediary Guidelines of Digital Media Ethics Code), Rules 2021 with a view to developing a harmonious and proper oversight mechanism in relation to social media platforms and digital media and OTT platforms.

The committee said that the move to bring the social media, over the top (OTT), and digital news platforms under the regulatory framework was long overdue. The committee also hopes that the MIB would take all necessary steps to implement these rules with due regard to the importance of promoting creativity and protecting freedom of expression while maintaining a robust oversight mechanism.

The committee also expects the ministry to launch an awareness campaign with regard to these rules so as to empower the citizens to make informed choices about content, get their grievances redressed in a definite time frame and protect children/youth from obnoxious content as well as help to fight the menace of fake news on online/digital media.

"The committee looks forward to a thorough discussion with the ministry on these Rules," the report reads. The Part-III of IT Rules 2021 relating to the Code of Ethics and procedure and safeguards in relation to digital media will be administered by the MIB.

The ministry informed the committee that before bringing these rules, it had held consultations and studied the regulatory models in other countries wherein it has been found that most of the countries either have an institutional mechanism to regulate digital content or are in process of setting up one.

The I&B ministry told the IT committee that the new rules would establish a soft touch progressive institutional mechanism with a level playing field featuring a Code of Ethics and a three-tier Grievance Redressal framework for news publishers and OTT platforms on the digital media.

Cinematograph Bill 2019

The Cinematograph (Amendment) Bill 2019 was introduced in the Rajya Sabha on 12.02.2019 and subsequently referred to the Standing Committee on Information Technology on 22.02.2019 for examination. Thereafter, Ninth Report on ‘The Cinematograph (Amendment) Bill, 2019’ was presented to the House on 16.03.2020.

The committee lamented the fact that even after a lapse of one year after the presentation of the report, the ministry is still examining the recommendations/observations for making necessary amendments to clauses in the said Bill. The committee recommended that the ministry should expedite procedural formalities so that the amended legislation may be brought at the earliest.

While reiterating their earlier recommendation, the committee said that the ministry should holistically review the entire Cinematographic Act 1952 in the light of present-day needs and changing and emerging technologies since the Act in its present form is woefully out of date. The Committee may be apprised about the action taken on this issue.

Digital Terrestrial Transmission

While noting that the Digital Terrestrial Transmission (DTT) technologies enable efficient use of the TV spectrum, provide a better quality of service, multiple broadcasting services within the same channel bandwidth through the use of multiplexers, the committee said that the induction of DTT technology would go a long way in ensuring efficient spectrum usage and quality of broadcasting services.

The committee recommended that the Report of the Coordination Committee constituted on 8th October 2018, should be examined at the earliest and needful be done to achieve the target of implementing DTT in the country. The MIB has constituted a Coordination Committee under the chairpersonship of Doordarshan DG to facilitate entry of private entities in Digital Terrestrial Broadcasting in India.

While observing that the target for implementation of DTT throughout the country is December 2023, the committee said that would like to be apprised about the updated status of the targets achieved for phase-wise DTT migration and analog switch-off along with the outcome of the examination of the Report of Coordination Committee.

TRAI had furnished a roadmap in 2017 for implementation of the DTT across the country. The authority had stated that DTT may be implemented in the country in three phases with complete migration and analog switch off by December 2023. The timelines include (i) Phase I (Metro cities) by 31st December 2019, (ii) Phase II (cities having more than 10 lakh population as per Census 2011) by 31st December 2021, and (iii) Phase-III (Rest of India) by 31st December 2023.

Currently, 23 DTTs (at 19 locations) are operational. Four Metro Cities viz. Delhi, Mumbai, Kolkata, and Chennai have two DTT Transmitters. First Transmitter is relaying 5 DD channels in SD and 03 Radio channels whereas the second transmitter are relaying 03 DD Channels (02 DD Channels in SD & 01 DD National channel in HD). In the other 15 cities, one DTT transmitter is operational which relays 5 DD channels in SD and 03 Radio channels.

Further, the committee has been given to understand that Prasar Bharati has entered into an MoU with IIT Kanpur to develop a “Direct to Mobile” (DTM) roadmap for Digital Terrestrial Broadcasting consistent with emerging standards such as 5G Broadcast.

The committee also noted that further expansion of DTT would depend on availability/allocations of required UHF Spectrum and the fund allocations in the coming years. Adding on the issue of the mandate of MIB regarding DTT, the Secretary MIB, during evidence had informed that there was a review a couple of years back in the Department of Expenditure wherein they told MIB not to do any further investment in digital terrestrial till the business case is made and it is viable.

Allocation of funds by MIB

The committee noted that the MIB's budgetary allocation has been reduced by 695% to Rs. 4071.23 crore for the year 2021-22 compared to the budget estimate (BE) of the financial year 2020-21 which was Rs. 4375.21 crore. For the year 2020-21, the revised estimate (RE) was Rs. 3650.25 crore, and actual utilisation was Rs. 2785.36 crore (till 16.02.2021) which was 76.31% w.r.t RE and 63.66% w.r.t BE allocation.

The committee also noted that for the year 2021-22, out of the total allocation of Rs. 4071.23 crore to the ministry, Rs. 563.77 crore, Rs. 632.05 crore, and Rs. 2875.41 crore have been allocated under the Heads ‘Establishment Expenditure of the Centre’, ‘Central Sector Schemes’ and for ‘other Central Expenditure respectively. However, the committee noted with concern that during the year 2020-21 the overall expenditure under each category w.r.t RE was 77.87%, 79.76%, and 67.18% respectively (up to 14.01.2021).

As for the reasons for under-utilisation, the committee noted that during the first six months of 2020-21, the financial and physical performance was affected due to lockdown and other restrictions due to COVID-19. However, the situation is improving gradually and the ministry has assured that they will be able to achieve its financial and physical targets set under various heads.

The committee recommended to the ministry to achieve both the physical and financial targets set for the year 2021-22 now that the restriction imposed due to pandemic are being relaxed and there is no 5% cap on expenditure on MIB. It also told the ministry to take effective steps in time through streamlining of planning and approval of schemes, evaluation of ongoing schemes, periodic reviews, and third-party evaluation, etc. The Committee may be apprised of the initiatives taken by the Ministry for optimum utilization of funds allocated to them during 2021-22.

Fact Check Unit

While appreciating the measures taken to counter misinformation on Government policies and schemes, the committee recommended that the ministry should expand/strengthen the Fact Check Unit (FCU) with robust mechanisms at both Central and Regional levels and also address the challenges faced with vernacular languages. The committee noted that the system of FCU is still evolving and it takes time to cross-check facts from various Ministries/Departments. Besides, news in vernacular languages remains a challenge.

To address the challenge of fake news, FCU was established in Press Information Bureau (PIB) in December 2019. Such FCUs have also been set up in 17 Regional Offices of PIB. The ministry has informed that one of the thrust areas under the Information Sector for the year 2021-22 is to strengthen and expand the FCU for countering Fake news.

The committee was informed that as of 8th February 2021, there were 9103 cases, out of which 8263 were countered/replied to and 323 ‘Fake News’ was busted. Between 26th April 2020 and 18th February 2021, the Fact Check Unit has received 49,625 queries on WhatsApp/e-mail, and out of these the actionable cases of 16,992 have been replied. Further, PIB has countered 505 cases during this period.

The committee also noted that FCU receives complaints from people through its WhatsApp, email, and web portal and after that, the team accesses all the data that is publicly available on the internet for a preliminary search for facts. Upon Technical verification, a response is either sent to the complainant or is put on social media accounts of the FCU.