NBA challenges MIB's amendments to CTN Rules in Kerala HC, gets interim relief

After challenging the IT Rules 2021, the News Broadcasters Association (NBA) has moved Kerala High Court against the Ministry of Information and Broadcasting's (MIB) amendments to the Cable Television Network Rules, 1994. The ministry has prescribed a three-tier grievance redressal mechanism for TV content by amending the CTN Rules 1994.

The Bench of Justice TR Ravi admitted NBA's writ petition and directed the MIB not to take any coercive action against the news broadcasters. It is pertinent to note that the NBA had also got relief from the Kerala HC in the writ petition against digital media rules under the IT Act.

The news broadcasters fear that the amendments give legitimacy to bureaucrats to decide on orders that have been passed by retired judges who are part of the self-regulatory bodies (SRBs). Another worry is that the amendments will hinder the freedom of the broadcasters to create and distribute content under Article 19(1)(a) of the constitution.

Through the amendments, the MIB provided a statutory mechanism to redress citizens' grievances & complaints against programmes of TV channels. The ministry also recognised statutory bodies of TV channels like Broadcasting Content Complaints Council (BCCC) and News Broadcasting Standards Authority (NBSA) under the CTN Rules.

The central government has prescribed a three-tier grievance redressal mechanism for TV broadcasters by amending the Cable Television Networks (CTN) Rules to bring them at par with the over the top (OTT) and digital news platforms. Like the IT rules, the amended CTN Rules allow broadcasters to form more than one self-regulatory body (SRB).

The three-tier grievance redressal mechanism is as follows: (i) Level I - A self-regulation by broadcasters; (ii) Level II - Self-regulation by the self-regulating bodies of the broadcasters; and (iii) Level III - Oversight mechanism by the central government.