Cabinet okays fresh consolidated UL/DL guidelines to improve EODB in broadcasting

Earlier, the government had separate uplinking and downlinking guidelines for TV broadcasters. The old guidelines, which were issued in 2011, are more than 10 years old and were in dire need of being updated to keep pace with technological advancements in the broadcasting space.

While easing compliance for TV channels, the new guidelines have removed the requirement for seeking permission for the live telecast of events. It also allows Indian teleport operators to uplink foreign channels which was not the case earlier.

The ministry has also clarified that free-to-air (FTA) channels uplinked from frequency bands other than C-band need to be encrypted. The earlier guidelines just mentioned that FTA channels need to be encrypted while being uplinked.

To prevent misuse of permission, the government has disallowed subletting of licences by proposing licence suspension as a penalty. However, permission for the transfer of channel(s) will be allowed under all conditions under the Companies Act 2013 including dissolution, takeover, and reconstruction.

Broadcasters also have the option of uplinking channels from more than one satellite/teleport. The guidelines also make it mandatory for television channels to telecast content in the national and public interest for 30 minutes every day.

TV channel licence holders who intend to change the language or feed of a channel from Standard Definition (SD) to High Definition (HD) will just need to intimate the ministry of information and broadcasting (MIB). Earlier, licence holders had to seek permission from the MIB for the same.

The consolidated guidelines cover Teleports/ Teleport Hubs, the use of Digital Satellite News Gathering (DSNG)/ Satellite News Gathering (SNG)/ Electronic News Gathering (ENG) systems, uplinking by Indian news agencies, and temporary uplinking of a live event.

"The new guidelines have been amended after a gap of 11 years, and a number of steps have been taken to our for ease of doing business of the journals because there are more than 870 channels which are now operating in the country. Based on our experience, these guidelines have been amended, totally important changes that now for the purpose of the live telecast, now the permission will not be required to any registration will be required for changes in a channel from SD to HD or more changes in language etc," MIB Secretary Apurva Chandra has told agencies.

"Also out now we have introduced a new provision that the channels will be required to broadcast a particular piece of content that will be of public interest. There are seven-eight themes are given in the guidelines for continuous themes of public interest, as the channels will be free to hear the content of their choice, which covers themes of public interest. So given the obligations to broadcast this, this is a new thing we will be consulting the channels will come out with more detailed guidelines," he added.

The guidelines also state that in a company/ LLP with only two Directors/ Partners, a Director/ Partner can be changed, subject to security clearance post such appointment, to enable business decision-making. A company/LLP can use newsgathering equipment other than DSNG, such as optic fibre, bag back, mobile, etc. for which no separate permission would be necessary.

Among other proposals aimed at improving the ease of doing business, the government has allowed Limited Liability Partnership (LLP) entities to seek permission. Further, LLP companies would be allowed to uplink foreign channels from Indian teleports which would create employment opportunities and make India a Teleport-hub for other countries.

A news agency can get permission for a five-year period against one year at present. It has broadened the possibility of allowing the transfer of TV channels/Teleport to a company / LLP as permissible under the Companies Act/ Limited Liability Act.

The penalty clauses have been rationalised with separate natures of penalties being proposed for different types of contraventions as against the same penalty that was levied irrespective of the contravention.