MIB warns TV channels against authorizing out operations to non-permitted entities

The Ministry of Information and Broadcasting (MIB) has asked TV channels to stay away from authorizing out operations or other core functions to non-permitted entities. The direction was issued by the MIB after it received various complaints about violation of provisions of the Policy Guidelines by some TV channels. As per the complaints, certain TV channels have authorized out the operations or other core functions/activities of the channel to a non-permitted entity/ person(s)/ company/ LLP through explicit or implicit agreements or arrangements without the prior permission of this ministry. 

According to the ministry, despite being clearly mentioned in the extant Policy Guidelines, 2022 and in the terms and conditions of the permission letter(s) issued to the broadcaster(s), some broadcasters have claimed ignorance about these provisions when enquired about the violations.

Therefore, the ministry has clarified that letting of the channels to any third-party including group entities without prior permission of the ministry is not allowed as per the extant Policy Guidelines. “Cases where the company/ LLP is found to have misused the permission by authorizing or enabling or contracting out the same to any non-permitted entity/ company/ LLP/ person(s) through any explicit or implicit agreement or arrangement, without prior permission of this Ministry, may result into cancellation/ suspension of permission as per the provisions of Clause 26(2) of Policy Guidelines, 2022,” said the ministry.

Hence, all the permitted broadcasters are, therefore, advised and directed to follow the provisions in letter and spirit and also ensure that the operations and core functions/activities of the channel viz, content generation, content transfer and content uplink are being managed by the permission holder company/ LLP itself, the ministry said in a statement.

The Ministry of Information and Broadcasting has issued stringent Policy Guidelines, effective 2022, mandating all satellite TV channel broadcasters to adhere strictly to operational norms throughout their permission validity. 

Emphasizing control over core operations like content generation, transfer, and uplink, the guidelines underscore that only permitted management can oversee these functions. Security clearance from the Ministry of Home Affairs is mandatory for all involved in channel management, prohibiting involvement of non-cleared individuals. 

“As such, only the permitted management of the permission holder company is eligible for having the control over the core operations of the TV Channel. The Ministry is also empowered under Clause 8(e) to requisition information from broadcasters to examine their compliance to Policy Guidelines,” said the Ministry. 

Further, MIB highlighted that one of the pre-requisite conditions for grant of permission of News/ Non-news TV Channel(s) is Ministry of Home Affairs' (MHA's) security clearance in respect of the company/LLP and its directors/ key-executives/ shareholders etc. “It is the responsibility of every broadcasters/TV Channel(s) that no person, who is not security cleared from MHA, is involved in the management of the company/ LLP and is not managing the core functions of running a TV channel.”

The ministry also shared that the letter of permission granted to the company/ News TV Channel specifically mentions that the company would generate/ develop its own content for News and Current Affairs TV Channel and would not source it from any third party without prior approval of the Ministry. Hence, the company, who owns the permission of a News TV Channel must always ensure that they perform its core operations. 

According to MIB, the Policy Guidelines, 2022 also provides the facility to the permission holder companies to transfer the permissions of its TV Channels/ teleport(s) to some other entity only with the prior approval of this Ministry. The said provisions are enunciated in Clause 32 of extant guidelines. In case of any violation of the above, the permission of the TV channel can be suspended or cancelled as per the penal provisions contained in Clause 25 (1)(xii) of extant Policy Guidelines.