Revised Draft Broadcasting Bill: Govt proposing 4-tier grievance redressal mechanism?

The second draft of the Broadcasting Services (Regulation) Bill 2024 proposes what looks like a four-tier grievance redressal mechanism for any kind of complaints raised by citizens regarding any content broadcast on television.

According to the revised draft of the Bill, every broadcaster shall appoint a grievance redressal officer to receive and hear complaints in contravention of the Programme code and the Advertisement code.

If the complainant is not satisfied with the decision of the grievance redressal officer, the next move shall be to appeal to the Self-Regulatory Organisation (SRO), of which the broadcaster is also a member.

Unsatisfied by the decision of the SRO, the complainant can appeal before the Broadcast Advisory Council (BAC) which has members nominated by the central government and those representing various ministries such as women and children, I&B, external affairs, etc.

The Council shall examine complaints or grievances received by it, or referred to it, and make recommendations to the central government, which may, after taking into consideration the recommendations of the Council, issue appropriate orders and directions.

The last door is that of a Review Panel where the appeal against BAC decisions can be filed. The final decision of the review panel shall be sent as a recommendation to the government.

In 2021, the Ministry of Information & Broadcasting amended the Cable Television Network Rules, providing for a “statutory” mechanism for complaints raised by citizens regarding any content broadcast on television. The amended Rules provide for a three-level grievance redressal mechanism: self-regulation by broadcasters, self-regulation by the self-regulating bodies of the broadcasters, and oversight by an Inter-Departmental Committee at the level of the Union Government.

According to the latest draft of the Bill, every broadcaster and broadcasting network operator shall appoint a grievance redressal officer for receiving and hearing complaints in contravention of the Programme code and the Advertisement code. They shall also be a member of a self-regulatory organisation.

The self-regulatory organisation, which shall comprise broadcasters or broadcasting network operators or their associations with such number of members as may be prescribed, will address grievances which have not been addressed by the broadcaster or broadcasting network operators within the prescribed period.

It will be responsible for hearing appeals filed by complainants against the decision of the broadcaster or broadcasting network operators; issuing guidance or advisories to its members to ensure compliance to the Programme Code and the Advertising Code.

It may make governing norms and articles consistent with the provisions of the Act, Rules and Guidelines which will also provide that contravention of any of these norms shall render the member of the SRO concerned liable to one or more of the punishments, like expulsion from membership; suspension from membership for a specified period; any other penalty of the nature of advisory, censure, warning; and monetary penalty not exceeding Rs. 5 lakhs for each contravention.

The next remedy for a complainant unsatisfied by SRO is the Broadcast Advisory Council.

According to the Draft Bill, the central government shall constitute a Broadcast Advisory Council, consisting of one Chairperson, who shall be an eminent independent person with not less than 25 years of experience in the field of media, entertainment, broadcasting and other such relevant fields.

It will also have 5 members nominated by the government to represent the Ministry of Information and Broadcasting, Ministry of Women and Child
Development, Ministry of Home Affairs, Ministry of External Affairs, and Ministry of Social Justice and Empowerment.

Besides the above, the Council will have 5 eminent independent persons, nominated by the government, with experience in the fields of media, entertainment, broadcasting, child rights, disability rights, rights of women, human rights, law and other such relevant fields. The term of office of an ex-officio member shall come to an end as soon as he ceases to hold office by which he was nominated.

The Bill has proposed that the council shall meet at such times and places as may be appointed by it and observe such rules of procedure in regard to its quorum and the transaction of business at its meetings, as may be specified by guidelines.

The Bill also gives the Broadcast Advisory Council the power to co-opt as members such number of persons, who are not its members, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the Council and take part in its proceedings but shall not have the right to vote.

If a broadcaster or broadcasting network operator is not a member of any self-regulating organisation or a self-regulating organisation is not available due to any other reason, the Council will hear such appeals.

It will also hear complaints regarding violation or contravention of the Programme Code or Advertisement Code that may be referred to by the government.