Industry bodies offer feedback on 'restrictive' National Broadcasting Policy to TRAI

The media and entertainment industry have reportedly expressed their concerns to the Telecom Regulatory Authority of India (TRAI) about the National Broadcasting Policy consultation paper released in April after the regulatory body sought feedback.

Media bodies like the Indian Broadcasting and Digital Foundation (IBDF), The News Broadcasters and Digital Association (NBDA) and the Internet and Mobile Association of India (IAMAI) have spoken about the restrictive nature of the regulations, which could limit freedom of expression. They said that the draft guidelines do not address the concerns repeatedly brought up by the industry.

The IBDF reportedly said that the consultation paper went beyond the power and remit of TRAI, which has repeatedly said that regulation of content is beyond its scope and power.

The TRAI act solely focuses on carriage and cannot govern broadcasters' right to choose content, said IBDF in the feedback.

By bringing OTT under broadcasting, TRAI will contradict its own position, argued IBDF, stating that clubbing the two will cause "reverse discrimination."

One of the terms of the draft requires a content platform to create an evaluation committee or an internal censor board that will pre-certify content before release.

IBDF demanded that there be no interference from government bodies in the committee, given that it is headed by a retired judge.

"This would be in direct conflict of the doctrine of separation of powers, which is impermissible in law," IBDF reportedly stated in its feedback.

NBDA also reportedly weighed in, stating that the Policy should not cover aspects like online gaming, growth of animation, VFX and other post-production processes that apply to the media and entertainment industry. They are not within TRAI's remit, it added.

The IAMAI pressed for the separation of content and carriage in light of the newly released draft.