CHAPTER ONE

UNDERSTANDING BROADCASTING SECTOR

1. Evolution of Broadcast sector:

After the printing press was invented, the communication saw a revolution and led to the birth of very
powerful print media consisting of newspapers and journals taking the information and opinions about
happenings around to nook and corners of the world. As the democracy survives on effective communication
of information, the vested interests were always against free flow of information which they did not like or
which perceived as opposing their interests. The ruling class always tried to win over the minds of the people
and abused media for propaganda purposes and suppressing the hostile information. With the advent of radio
and television, the telecast and broadcast sectors started dominating the media scene with its wider reach and
deeper impact on communication world. The electronic media became an entrenched communication device
effectively operating on whole of the universe across the borders. No territorial boundary can stop the
communication of word and picture, at present. Hundreds of channels are now beaming variety of programmes
at a time, into every drawing room. The electronic media evolved into a very powerful global process of
influencing the cultures and social patterns of any country. Impounding a small society with visual information
will have a very serious cultural impact and may raise ethical and legal questions including international outcry
against the cultural invasion. As media law is concerned with the violations of rights of individuals and societies
or the nations as such, the electronic media impact and its regulation needs to be studied in depth.

2. Indian Telegraph Act: The Earliest Law:

Forcing satellite television channels are reigning the sky over India or any Third World Country,
beaming their programmes either through dish antennas or through cable operators. The adverse impact of
these TV programmes on the Indian values and culture has been a subject matter of public debate in different
forums including Indian Parliament. Absence of effective legal framework aggravated the feelings of cultural
morale lovers. The state also felt the need for regulating the electronic media to control the minds and
thoughts.

Indian Telegraph Act 1885 is the earliest piece of legislation in India that intends to control the wireless
broadcasting. The state has apprehensions as to misuse of the broadcasting media for propagating anti-national,
anti-cultural thoughts and destroys the socio-cultural fabric of the nation. Thus the state wanted to retain
enough control over broadcast media functioning.

3. Air Waves: Apex Court's Observation:

The Supreme Court dealing with control of airways in Union of India v Cricket Association of
Bengal 1stated that airwaves constitute public property which must be utilized for advancing public good. The
Court said that the right of free speech guaranteed by Article 19(1)(a) did not include the right to use airwaves
which were public property. Being public property, it was the duty of the state to see that airwaves were so
utilized as to advance the free speech right of the citizens which was served by ensuring plurality and diversity
of views, opinions and ideas. It is not possible if the electronic media is under the monopolistic control of
either state or any single private body. The Court stated that the broadcasting media should be under the
control of the public as distinct from Government, it observed : "The airwaves or frequencies are a public
property. Their use has to be controlled and regulated by a public authority in the interests of the public and to
prevent the invasion of their rights". The Court unequivocally ruled that, "The question whether to permit
private broadcasting or not is a matter of policy for the Parliament to decide. If it decides to permit it, it is for
the Parliament to decide, subject to what conditions and restrictions should it be permitted. Private
broadcasting, even if allowed, should not be left to market forces, in the interest of ensuring that a wide variety
of voices enjoy access to it". The Supreme Court even advocated regulation to guard against "the potential
danger flowing from the concentration of the right to broadcast\telecast in the hands either of a central agency
or of a few affluent broadcasters".[Part I, 6(ii),(iii)].

The Supreme Court has ruled in favor of public control of the electronic media, against private sector
monopolies.

1
1995(2) SCC 161
 The Supreme Court in Union of India v Cricket Association of Bengal observed: The Indian Telegraph Act,
1885 is totally inadequate to govern an important medium like the radio and television, i,e, the broadcasting
media.

The Indian Telegraph Act was intended for an altogether different purpose when it was enacted. This is
the result of the law in this country not keeping pace with the technological advances in the field of
information and communications. while all the leading democratic countries have enacted laws specifically
governing the broadcasting media, the law in this country has stood still, rooted in the Telegraph Act of 1885.
With the advent of technological revolution and economic reforms towards globalization, the influence of
external broadcast media was inevitable. There is tremendous increase in foreign satellite television channels
flooding every home with tons of visual information. While the freedom lovers were pleading for autonomy for
the state media, the demand was also raising for free private media video information flow. B. G. Verghese,
senior Editor of prominent newspapers, was the first chairman of the committee, which suggested the
autonomy of electronic media in 1977.

The first Broadcast Regulation law, The Indian Telegraph Act 1885 empowered the government to
control the establishment, maintenance and working of a wireless apparatus. It says: "Within India the Central
Government shall have the exclusive privilege of establishing, maintaining and working telegraphs". This law
conferred the power to grant licenses to establish and maintain a telegraph. This Act was amended five times
during 1957 and 1974.

In 1957 this Act2 was amended to expand the term telegraph to include "any telegraph line, appliance,
or apparatus for the purpose of affording means of telegraphic communications". From this provision, the
Government of India drew its power to monopoly over the radio and television. The Ministry of Information
and Broadcasting has been opposing the import of satellite earth stations and the up-linking to satellites by
private parties under the provisions of this Act only. It was possible by stretching the interpretation of
'telegraph' to cover the generating of signals for telecasting. The Indian Wireless Telegraphy Act of 1933 made

2
Section 7 of Act 47 of 1957 amending 1885 Telegraph Act.
the possession of a radio set without a license an offence. This Act dealt with possession of wireless apparatus
and radio receivers, which were not covered by Telegraph Act.

4. Indian Broadcasting Co., 1927

Broadcasting was initially confined to radio, the first radio broadcast was provided by the Indian
Broadcasting Co. in 1927 the company went into liquidation in 19303, having established its operations in
Lahore, Calcutta and Bombay. Then soon after the broadcasting was placed under the Department of Labour
and Industries. Indian Broadcasting Service began telecast and subsequently in 1932 the BBC started its
operations in India4. Further this service was rechristened in 1937 as AIR. And after independence the separate
ministry of communication and broadcasting was established5. It is to be noted here that the British govt. in
1935 govt. of India act, gave autonomy to the princely states to start their own Radio broadcasts6. This is an
very interesting as after independence broadcasting was firmly in the hands of Central Govt. States till today are
not allowed to have their own regional service channels run by them.7

Constitutional Premise:
After the Constitution came into existence the entire broadcasting law had to follow the broad premise
of Article 19, which gave freedom speech and expression with reasonable restrictions. These reasonable
restrictions were construed as impact on culture and social fabric of the country, as it was believed and the
debate still continues as to the effect of foreign channels on our culture. Second consideration was the
maintenance of peace and harmony in the society by not telecasting programmes, which could foment
communal trouble and cause religious sentiments of the vast majority to be hurt. Our broadcasting policy till
early nineties was hostage to this fear of foreign and private media. The whole body of case law has developed
on the issue of reasonable restrictions on media under art 19.

Section 129 of The Government of India Act of 1935 gave right to provincial governments and
princely states to construct and use transmitters and to regulate and impose fees in respect of the construction
and use of transmitters and receiving apparatus in the province or state. After Independence, the Government

3
Broadcasting.. Ninan p. 3
4
ibid
5
P.C. Chatterjee, Broadcasting In India 1991…. ninan
6
s. 129 of Govt. of India Act 1935.
7
Ibid.
of India was having total and absolute control over the broadcast media. Constitution of India guaranteed the
freedom of speech and expression with reasonable restrictions under Article 19.

5. Cinematograph Act:
Next important legislation that controlled the visual mass media was the Cinematograph act 1952,
which imposed pre-censorship of films intended for public viewing. The Board of Film Certification came into
existence, with the power to issue a certificate for a restricted or unrestricted public exhibition of the film.
Restrictions can be imposed on public exhibition of a film if in the opinion of the authority, the film of any
part of it is against the interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign states, public order, decency or morality or involves defamation or contempt of court or
is likely to incite the commission of any offence. These are grounds for imposing reasonable restrictions on the
cinematography film. The Cinematograph Act was amended several times to regulate the film media content.
The whole organisational network of Censorship authority with official and non-official members on board is
working overtime to oversee the contents of the thousands of reels of celluloid film every year and it runs into
controversy every now and then, as powerful lobby of film industry pursue social, political and legal pressures
to secure permission for exhibition. A similar machinery is yet to evolve for observing and regulating the
content of TV channels. Cinematography Act, as such is not practically possible to apply to the small screen
medium, which is more powerful telecasting tool of cinema. It is physically difficult to extend the censorship to
the TV contents. Even the uncensored publicity bit (like a trailer) of a commercial feature film under
production can be considered as violation of the norms under Cinematography Act, as some or important
scenes are being exhibited all over much before its exhibition is certified by the concerned competent authority.
Such a criticism was mounted against unrestricted public exhibition through wall posters, advertisements in
newspapers, video clippings in TV channels and hoarding of to-be-released films before it was censored. After
this criticism, the publicity material was also being censored. The guiding principles in certifying films can be
drawn from the reasonable restrictions in Article 19(2) of the Constitution. A Film shall not be certified for
public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it
is against the interests of the sovereignty and integrity of India, the security of state, friendly relations with
foreign States, public order, decency, or morality, or involves defamation or contempt of court or is likely to
incite the commission of any offence. The Cinematograph Act has been amended seven times between 1953
and 1984. In fact, the reform in broadcast sector was made possible for increasing pressures in the society
questioning the one-sided arbitrary misuse of mass media by those in power, which led to constitution of
several committees. Almost all of these Committees made a similar recommendation for scuttling the
interference of Government in the media organizations controlled by the state for the benefit of the people
and in the interest of free communication in Democratic polity.

Chanda Committee, 1964:

As early as in 1964 the Chanda committee indicted the Government by saying that the peoples trust of
the government media and news was declining as it was seen as the mouthpiece of the authorities and nothing
more than an avenue for personal glorification people in power.
Demand for reforming the Broadcasting law was basically for liberating the media from the state
control, or providing an autonomous decision making power with neutral and objective functioning. Chanda
Committee on Broadcasting and Information Media was first such inquiry commission appointed by the
Government of India in 1964. The Chanda Committee in its report suggested that the credibility of the
government information was to be improved. It stated that the suspicion of official information has deepened
in India because of an incorrect, even improper use of media for personalized publicity and an undue accent on
achievements. The Committee also suggested that it was necessary to correct this distortion, and also to pose in
proper perspective the many problems that confront the country without withholding adverse facts while at the
same time stating convincingly how the remedy lies in the people's hands.8 The Committee observed that
"Confidence in the faitfhfulness of government information has to be generated. Suspicion of official
information has deepened in India because of an incorrect, even improper use of media for personalised
publicity and an undue accent on achievements. It is necessary to correct this distortion, and also to pose in
proper perspective the many problems that confront the country without withholding adverse facts while at the
same time stating convincingly how the remedy lies in the people's hands"9. This is a clear indication of fall of
credibility of the official information through state-controlled media.
While Article 19 (1) (a) with sub-Article (2) has ushered in vibrant free press, the Telegraph Act as still
used to give total control over broadcast media to the Government.

Advancement of Telecommunications:

8
Virendra Kumar, Committee on Broadcasting and Information Media, Committees and Commissions in
India 1947-1973, at 25 (1978)
9
ibid.
 The Communications field received a great boost up during the times of Indian Space Scientist Vikram
Sarabhai, who launched indigenous satellite development programme which revolutionised the
telecommunications and provided for development of Doordarshan in India. It started with Farm Television in
1967 as a tool of reaching remote areas of the country and to provide them necessary information for
improving the Agriculture. Thus the Television was used first to help the agrarian community rather than for
urban entertainment. Another major experiment was the Satellite Instructional Television Experiment "SITE"
which has put the time available on American Satellite for telecasting programmes to 2400 villages in six states
of the country.

Television:
The origin and development of Television, barring above two experiments was totally confined to
Delhi for a long time, i.e., from 1959 to 1973, in which year it was extended to Bombay and then to Amritsar
and Srinagar. These two areas were watching the Pakistan TV programmes with pro-Pakistan campaigns, which
could not be countered as Doordarshan was not developed to match the reach of PTV, till 1973. The
expansion of television was felt necessary to counter the PTV propaganda in rural areas in the sensitive border
areas. It was gradually spreading through several transmitters to link the major metropolis in the beginning. The
Government had to erect 250 Television receivers all through the Kashmir Valley, to counter the
miscommunication by neighbouring country. With this state secured a propaganda machine and for the first
time a mass media organization was found to be useful weapon for security of state. Thus the Television was
essentially considered to be the tool of State.
Since the 1980s, India has experienced a rapid proliferation of television broadcasting that has helped
shape popular culture and the course of politics. Although the first television program was broadcasted in 1959,
the expansion of television did not begin in earnest until the extremely popular telecast of the Ninth Asian
Games, which were held in New Delhi in 1982. Realizing the popular appeal and consequent influence of
television broadcasting, the government undertook an expansion that by 1990 was planned to provide
television access to 90 percent of the population. In 1993, about 169 million people were estimated to have
watched Indian television each week, and, by 1994, it was reported that there were some 47 million households
with televisions. There also is a growing selection of satellite transmission and cable services available
Television programming was initially kept strictly under the control of the government, which embarked on a
self-conscious effort to construct and propagate a cultural idea of the Indian nation. This goal is especially clear
in the broadcasts of such mega series as the Hindu epics Ramayana and Mahabharata . In addition to the effort at
nation-building, the politicians of India's ruling party have not hesitated to use television to build political
support. In fact, the political abuse of Indian television led to demands to increase the autonomy of
Doordarshan; these demands ultimately resulted in support for the Prasar Bharati Act.
The 1990s have brought a radical transformation of television in India. Transnational satellite
broadcasting made its debut in January 1991, when owners of satellite dishes--initially mostly at major hotels--
began receiving Cable News Network (CNN) coverage of the Persian Gulf War. This opened the gateway for
the earlier thought “cultural imperialists” to enter the Indian broadcasting system. “Any attempt to restrict
foreign broadcasters would have been construed as evidence of the government’s lack of commitment to
opening up the economy. Consequently, the Government chose to ignore the foreign television services,
despite complaints from a number of political and social organizations of the cultural threat posed by these
services. The Government clearly recognized that television is a highly visible cultural product that functions as
the best marketing tool for the liberalization of the Indian economy.”10
After this the doors were kept open for the private broadcasters to venture into India. This has assisted largely
in the growth of our economic system.
Three months later, Star TV began broadcasting using the ASIASAT-I satellite11. Its fare initially
included serials such as "The Bold and the Beautiful" and MTV programs. Satellite broadcasting spread rapidly
through India's cities as local entrepreneurs erected dishes to receive signals and transmitted them through local
cable systems. After its October 1992 launch, Zee TV offered stiff competition to Star TV. However, the
future of Star TV was bolstered by billionaire Rupert Murdock, who acquired the network for US$525 million
in July 1993. CNN International, part of the Turner Broadcasting System, was slated to start broadcasting
entertainment programs, including top Hollywood films, in 1995.
Competition from the satellite stations brought radical change to Doordarshan by cutting its audience and
threatening its advertising revenues at a time when the government was pressuring it to pay for expenditures

10
Nikhil Sinha on “Doordarshan, Public Service Broadcasting and the Impact of Globalization: A Short
History” quoted from from “Government Media- Autonomy and After” edited by G.S. Bhargava, Concept Publishing Co. ,
1991, pg27
11
By early 1992, nearly half a million Indian households were receiving STAR TV telecasts. By 1995
around 13 million people were receiving STAR TV making India the largest market for STAR TV.
from internal revenues. In response, Doordarshan decided in 1993 to start five new channels in addition to its
original National Channel. Programming was radically transformed, and controversial news shows, soap operas,
and coverage of high-fashion events proliferated. Of the new Doordarshan channels, however, only the Metro
Channel, which carries MTV music videos and other popular shows, has survived in the face of the new trend
for talk programs that engage in a potpourri of racy topics.

The political participation in India has been transformed in many ways since the 1960s and much of it
can be attributed to the electronic media. New social groups have entered the political arena and begun to use
their political resources to shape the political process. Scheduled Castes and Scheduled Tribes, previously
excluded from politics because of their position at the bottom of India's social hierarchy, have begun to take
full advantage of the opportunities presented by India's democracy. Women and environmentalists constitute
new political categories that transcend traditional distinctions. The spread of social movements and voluntary
organizations has shown that despite the difficulties of India's political parties and state institutions, India's
democratic tendency continues to thrive.
An important aspect of the rise of civil society is the proliferation of voluntary or nongovernmental
organizations. Estimates of their number ranged from 50,000 to 100,000 in 1993. To some extent, the rise of
voluntary organizations has been sponsored by the Indian state. For instance, the central government's Seventh
Five-Year Plan of fiscal years (FY--see Glossary) 1985-89 recognized the contributions of voluntary
organizations in accelerating development and substantially increased their funding. A 1987 survey of 1,273
voluntary agencies reported that 47 percent received some form of funding from the central government.
Voluntary organizations also have thrived on foreign donations, which in 1991-92 contributed more than
US$400 million to some 15,000 organizations. Some nongovernmental organizations cooperate with the central
government in a manner that augments its capacity to implement public policy, such as poverty alleviation, for
example, in a decentralized manner. Other nongovernmental organizations also serve as watchdogs, attempting
to pressure government agencies to uphold the spirit of the state's laws and implement policies in accord with
their stated objectives. Nongovernmental organizations also endeavor to raise the political consciousness of
various social groups, encouraging them to demand their rights and challenge social inequities. Finally, some
social groups serve as innovators, experimenting with new approaches to solving social problems.
Beginning in the 1970s, activists began to form broad-based social movements, which proved powerful
advocates for interests that they perceived as neglected by the state and political parties. Perhaps the most
powerful has been the farmers' movement, which has organized hundreds of thousands of demonstrators in
New Delhi and has pressured the government for higher prices on agricultural commodities and more
investment in rural areas. Members of Scheduled Castes led by the Dalit Panthers have moved to rearticulate
the identity of former Untouchables. Women from an array of diverse organizations now interact in
conferences and exchange ideas in order to define and promote women's issues. Simultaneously, an
environmental movement has developed that has attempted to compel the government to be more responsive
to environmental concerns and has attempted to redefine the concept of "development" to include respect for
indigenous cultures and environmental sustainability.
With its highly competitive elections, relatively independent judiciary, boisterous media, and thriving
civil society, India continues to possess one of the most democratic political systems of all developing
countries. Nevertheless, Indian democracy is under stress. Political power within the Indian state has become
increasingly centralized at a time when India's civil society has become mobilized along lines that reflect the
country's remarkable social diversity. The country's political parties, which might aggregate the country's diverse
social interests in a way that would ensure the responsiveness of state authority, are in crisis.
The unresponsiveness of India's political parties and government has encouraged the Indian public to
mobilize through nongovernmental organizations and social movements. The consequent development of
India's civil society has made Indians less confident of the transformative power of the state and more
confident of the power of the individual and local community. This development is shifting a larger share of
the initiative for resolving India's social problems from the state to society. Fashioning party and state
institutions that will accommodate the diverse interests that are now mobilized in Indian society is the major
challenge confronting the Indian polity in the 1990s.12
Today, with the coming in of more than 30 satellite channels, the whole electronic media has undergone major
change. Views are also being expressed that when there are so many channels, we can have DD to air the views
of the Government. Due to the competition from the satellite channels, the services of the public broadcasters
have improved a lot, yet at the grass-root level they are still controlled by the Government. It is time that we do
away with the autocracy prevalent in the electronic media. The media should be regulated not owned.

6. Misuse of Mass Media by State:

12
Robert L. Hardgrave, Jr., and Stanley A. Kochanek's “India: Government and Politics in a Developing Nation provides a
thorough and insightful overview of Indian politics.” from http://www.1upinfo.com
 The media in India faced a rough weather during Emergency in 1975 during which period the official
media alone was disbursing the information while the press and other private media sources were suppressed
totally. With all democratic rights suspended, the dark period of Emergency provoked the fierce demand for
autonomy for state information media. The first non-congress Government at the Center studied the "Misuse
of Mass Media During Emergency".
Verghese Committee:
A committee under the chairmanship of B. G. Verghese, a senior editor, inquired into the need and
prospects of autonomy for mass media. This committee studied possibility of providing autonomy to
Akashvani and Doordarshan within the control of government. The Committee suggested creation of National
Broadcasting Trust or Akashbharathi to function independently and a Bill was also ready to regulate the
functioning of the Akashvani and Radio relieving it from the day to day control of the government. The Bill
was lapsed in the Parliament, as the House dissolved in 1979 after the government. It is intended that the
trustee of the national interest for radio and television shall uphold the collective right of the Indian people to
freedom of speech, expression and communication through the broadcast media. The trust has to advise the
central government regarding broadcasting affairs, and conduct public broadcast services. The development of
broadcast services is also the prescribed job of the trust. According to charter, the Trust was to provide a
national broadcasting service predominantly Indian in content and character, and it was to uphold the
impartiality, integrity and autonomy of broadcasting in the country. The Bill envisaged a Complaints Board to
hear complaints by any member of the public in respect of charge of unjust or unfair treatment, including
unwarranted invasion of privacy and misrepresentation. It also contemplated to constitute a Licensing Board to
grant franchise licenses to any broadcasting station.

The National Broadcasting Trust was formed and Akash Bharti Bill was introduced in Parliament. The
trust was to consist of twelve to twenty one members. The Akash Bharti Bill also envisaged establishment of a
complaints board to hear complaints from the members of public on any issue or in respect of charges of
unjust or unfair treatment, including unwarranted invasion of privacy and misrepresentation. It also envisaged a
Licensing Board which would grant franchise licenses to any station. The trust was to conduct and organize
public broadcast services and would develop, extend, and improve these services in the public interest. It would
advise the Central Government in respect of all matters relating to broadcast. It also has to provide a national
broadcasting service predominantly Indian in content and character and it was to uphold the 'impartiality,
integrity, and autonomy of broadcasting in India.
Opposition to Autonomy and Reinforced Control over Official Media:
Many a time, various committees were formed to look into the working and the structure of the
broadcasting media in the country. But all the effort and environment built for autonomy was washed away
during Mrs Indira Gandhi's regime and that of her son Rajiv Gandhi's from 1984 to 1989. The political policy
of the new Government under Mrs Indira Gandhi has again changed the entire spectrum of autonomy and
preferred renewed controls over the official media. After Mrs Indira Gandhi’s return to power in 1980, the Bill
was totally opposed stating that such a Commission was not necessary. The new Government framed a News
Policy exclusively for Broadcast Media, comprising of several guidelines, which ensure enough coverage to
President, Prime Minister, Ministers, Official Statements and strict restrictions on the coverage of riots and
disturbances. An additional duty of protecting the image of those in power as indirectly cast on the official
media, which means total and absolute control over the news content and programme content of Radio and
Television. Mrs Gandhi's Government also did not like the proposal to give autonomy to the Films Division.
The Working group appointed in 1978 to grant autonomy to Films Division was wound up and the Films
Division was allowed to continue as an appendage of the Government at the Center.

7. News Policy for Broadcast Media:

In contradistinction to autonomy, the government felt the need for issuing directions from time to time
to the official media, as provided by the News Policy for Broadcast Media, which was issued by the Ministry in
May 1982. The policy contained guidelines to the news coverage and other politically related programmed aired
by both Television and Radio. The guidelines cover news selection and presentation, political coverage,
coverage of the President, Prime Minister and Ministers, Statements and rejoinders, strikes and bandhs, riots
and disturbances, sex and crime, national calamities, deaths and anniversaries, external news, subversion and
insurgency, comments and opinions, speculation and rumour and parliament coverage. These guidelines are still
followed by the official media over TV and radio. This News Policy for Broadcast Media enjoins the news
gathering apparatus to 'make a deliberate effort to explore new areas of development and nation building
news".13 These Guidelines lay a lot of emphasis on the coverage of development, its significance, achievements
and problems. The news policy also consists of rules as to national integration and communal peace. The style
13
Advisory commission on Official Media, Ministry of Information and Broadcasting, News Policy for Broadcast media,
Guidelines prepared by the Advisory Committee on Official Media 3 (1982)
and method of reporting news should reinforce the central principles on which national polices are based.
These fundamental principles are territorial integrity, national integration, secularism, maintenance of public
order, and upholding the dignity and prestige of Parliament, State Legislatures and the Judiciary.
With regard to communal matters, the Guidelines have specific instructions to be scrupulously
followed. Some of the guidelines are as follows.
1. "If riots are of a communal nature do not identify the communities concerned",
2. "Never offend any particular community or religion"
3. Do not give any news which tends to incite subversive activities
4. AIR news bulletins should be on guard against encouraging secessionist activities even if promoted
by a recognized political party
One of the guidelines relating to foreign affairs suggest: "Our own national interest should be the
principal consideration in selection and presentation of a foreign news item".

National Doordarshan Council:

A Working Group on Software for Doordarshan was constituted in 1982 explore means to use the
official media in the process of social and economic development in the country and for providing
information, education and entertainment14. The report criticised the structure and management style of
Doordarshan and mentioned the need of functional autonomy for Doordarshan. The report suggested
constitution of National Doordarshan Council which would include members competent by virtue of their
expertise in the field to tender advice to the Minister on broad social objectives as well as modes of television
programming. It envisaged three kinds of roles for the National Doordarshan Council: as a body that would
review and guide the organization's performance, as a guardian of Doordarshan's functional and professional
autonomy, and as a counter part of the Press Council for examining complaints of inaccuracy or bias in the
reporting of news and comment on current affairs. The Working Group suggested that Doordarshan be
beaded by a director-general who had a proven record of excellence in any area of social communication as well
as the leadership qualities necessary for attracting and utilizing creative talent in the service of the country's
people through Doordarshan. It suggested that his status, emoluments, and financial powers should not be less
than that of a Secretary to Government. It also recommended for review of salary, promotional avenues and
14
1 The Working Group on Softare for Doordarshan, Ministry of Information and Broadcasting, An Indian Personality for
Television 217 (1985)
support for all Doordarshan staff. None of these recommendations by Working Group were implemented at
all.
The effect of not providing autonomy or professional independence and non-implementation of the
guidelines and recommendations of the Working Group is visible. The Government Media delayed the
announcement of death of Mrs Indira Gandhi, while the BBC narrated the details of her assassination to whole
of the world. Rajiv Gandhi assumed the office of Prime Minister and exhibited inititial enthusiasm to liberalize
the official media, but in the wake of political turmoil both within and with out his own party, he allowed
official media to be vulnerable so that it could be misused during the elections. In 1989, the attempts to misuse
the official media for projecting the positive image of Rajiv Gandhi and tarnishing the political opponents
became a campaign point and opposition chose to include in their manifesto a promise to provide autonomy to
the official media.

Case of 'Beyond Genocide'; Constitutional Validity of Instructions

The validity of departmental rule or notification or guideline in limiting the scope of freedom of speech
and expression was under question before the Delhi High Court during 1989. In Cinemart Foundation v
Union of India15, the Delhi High Court held that the fundamental right to freedom of speech on Doordarshan
could only be curtailed by a valid law, not by a departmental rule or instruction. The Court directed
Doordarshan to telecast a film which it had refused to earlier on ground that it was too critical of the
Government. In this case, the story of the film under question was about the Bhopal gas tragedy under the
name "Beyond the Genocide". Doordarshan chose to refuse its telecast, ignoring the fact that the film won a
national award. Government appealed to Supreme Court, which rejected the appeal and observed that
Doordarshan being a state-controlled agency funded by public funds could not deny to the respondent access
to the screen except on valid grounds. Those valid grounds are as available under Article 19(2) only. Thus a
claim that a rule from Ministry or guideline under the policy of Ministry could be used to stop screening of a
film or programme. This case established the legal invalidity of the guidelines or the grounds other than Article
19(2).
After the defeat of Congress Government with Rajiv Gandhi as its leader, a second Non-Congress
Government was formed in 1990, which tried to revive Akash Bharti and had a re-look at the Bill. The earlier
Bill was reformed as PRASAR BHARTI.

15
Judgements Today 1992 SC 204
 The Prasar Bharti had Board of Governors as compared to the trustees, which was envisaged earlier
for Akash Bharthi. The new organisation was to be a corporation rather than being a trust. New arrangement
also called for a government nominee on the board, which was not there earlier. The earlier structure provided
for granting broadcast franchise licenses to the stations or Kendra’s through its licensing board. The Prasar
Bharthi Bill dropped the clause promising to 'uphold the fundamental right to freedom of speech and
expression guaranteed under Article 19(1)(a) of the Constitution'. It also dropped the clause pledging to 'uphold
the impartiality, integrity and autonomy of broadcasting in the country'. Prasar Bharthi also omitted the
provisions relating to Trust's relations with the Government as provided in Akash Bharathi. Draft was further
changed before it was approved as Bill. When the Bill was finally tabled in parliament, it had an added feature
of a twenty-two member parliamentary committee to oversee the functioning of autonomous body. This was a
measure to reduce the concentration of power in a small group, which was envisaged earlier. The concerned
Minister explained that it was necessary to prevent the Prasar Bharti Corporation from functioning under the
supervision of Public Undertakings Committee or some other Committee. By providing a separate
Parliamentary Committee, the Prasar Bharti was provided with a special status.
Though the Bill was passed in 1990 it was not immediately notified and it took another 7 years for
notifying the Act in 1997 only after another non-congress Government was formed at the center. A comment
is relevant here to understand the Act of 1990, which was in cold storage for seven years, "Overall, the quality
of autonomy finally conferred legislatively on the electronic media in 1990 was diluted in spirit compared to
what had been conceived of in 1978"16.
In 1991, the Congress-led minority Government survived for a full term at the Center, did not enforce
its election promise of providing autonomy to the Official Media. In fact, it has nothing to do for enforcing
that promise, except notifying the Act of 1990. That was not done.
The second spark came in the early nineties with the broadcast of satellite TV by foreign programmers
like CNN followed by Star TV and a little later by domestic channels such as Zee TV and Sun TV into Indian
homes. Satellite invasion began in the aftermath of the Gulf War. CNN coverage of war was attractive and that
caused a widespread interest among the viewers, which was hurridly encashed by the cable operators. Prior to
this, Indian viewers had to do with DD's chosen fare, which was dull, non-commercial in nature, directed
towards only education and socio-economic development. Entertainment programmes were few and far

16
Monroe E Price, Stefaan G. Verhulst, Broadcasting Reform In India, 2000, p11.
between. And when the solitary few soaps like Hum Log (1984), and mythological dramas: Ramayana (1987-88)
and Mahabharat (1988-89) were televised, millions of viewers stayed glued to their sets17.
It was inevitable for the Government to recognize the advent of cable as a phenomenon and thus it
appointed a committee in July 1989 to study the various aspects of establishemnt of Cable Television Networks
and Dish Antennae Systems. The Committee recommended in 1991, to regulate the cable. Another Committee
was appointed in 1991 to look at the competition in the electronic media. Besides the issue of autonomy, other
aspects of electronic media like competition and commercial services by Doordarshan were also considered by
the government. The satellite invasion of foreign channels have caused erosion of Doordarshan's viewership
and commercial revenues. The Government was then under a compulsion to consider measures to improve the
quality of Doordarshan programmes to face the stiff competition. For that, it is necessary to reduce the
intervention of the bureaucracy and political executive, in the functioning of the electronic media, i.e., to
provide necessary autonomy. The Committee suggested revamping of Doordarshan's programming content as
well as its program scheduling patterns, more aggressive wooing of advertisers by state television which so far
had a complete monopoly on all advertising reviewing Doordarshan's advertising code to make it more liberal,
and rationalizing its advertising rates.

8. Air Committee of India: Open Skies Policy

An Air Committee of India was appointed in September 1992 to find way out to open the electronic
media to private broadcasters. It was supposed to work out the modalities of giving broadcasters licenses to
broadcast on the second channel of Doordarshan, which was introduced in metropolitan cities, as well as on
FM radio channels. The Committee made very rationale recommendations which were radical in nature. This
committees recommendations were also not implemented by the Government.
Zee TV, a satellite Hindi channel was telecasting in India. This was an initial challenge to Doordarshan
from a private channel through satellite. The Metro channel launched by Doordarshan was no match to the
emerging competitors in the field. Then the official media suffered yet another jolt when Doordarshan delayed
the news of demolition of Babri Masjid in December 1992, while BBC and CNN presented the visuals to
whole of the world. Even as the credibility of Doordarshan suffered severely with governmental intentions,
rendering it as an ineffective broadcaster, despite having a perfect infrastructure and wide net work of terrestrial
telecasting capacity, the cable has stormed the viewers by spreading its tentacles by sponsoring the foreign

17
www.indiantelevision.com
satellite and private channels. The Government made the Cable Act and amended it to impose stipulations on
Cable Operators to strictly telecast at least three Doordarshan Channels. Neither the original law nor the
amendment is being enforced with required rigour.

9. Origin and Growth of Cable TV.

When, urban Indians learnt that it was possible to watch the Gulf War on television, they rushed out
and bought dishes for their homes. Others turned entrepreneurs and started offering the signal to their
neighbors by flinging cable over treetops and verandahs. From the large metros satellite TV delivered via cable
moved into smaller towns, spurring the purchase of TV sets and even the up-gradation from black & white to
colour TVs.
DD responded to this satellite TV invasion by launching an entertainment and commercially driven
channel and introduced entertainment programming on its terrestrial network. This again fuelled the purchase
of sets in the hinterlands where cable TV was not available.
The initial success of the channels had a snowball effect: more foreign programmers and Indian
entrepreneurs flagged off their own versions. From two channels prior to 1991, Indian viewers were exposed to
more than 50 channels by 1996. Software producers emerged to cater to the programming boom almost
overnight. Some talent came from the film industry, some from advertising and some from journalism18.
More and more people set up networks until there was a time in 1995-96 when an estimated 60,000
cable operators existed in the country. Some of them had subscriber bases as low as 50 to as high as in the
thousands. Most of the networks could relay just 6 to 14 channels as higher channel relaying capacity required
heavy investments, which cable operators were loathe to make. American and European cable networks
evinced interest, as well as large Indian business groups, who set up sophisticated headends capable of
delivering more than 30 channels. These multi-system operators (MSOs) started buying up local networks or
franchising cable TV feeds to the smaller operators for a fee. This phenomenon led to resistance from smaller
cable operators who joined forces and started functioning as MSOs. The net outcome was that the number of
cable operators in the country has fallen to 30,000.
The rash of players who rushed to set up satellite channels discovered that advertising revenue was not
large enough to support them. This led to a shakeout. At least half a dozen either folded up or aborted the

18
www.indiantelevision.com
high-flying plans they had drawn up, and started operating in a restricted manner. Some of them converted
their channels into basic subscription services charging cable operators a carriage fee.
Foreign cable TV MSOs discovered that the cable TV market was too disorganized for them to operate in and
at least three of them decided to postpone their plans and got out of the market.
The government started taxing cable operators in a bid to generate revenue. The rates varied in the 26
states ranging from 35% upwards. The authorities moved in to regulate the business and a Cable TV Act was
passed in 1995. The Supreme Court, passed a judgement that the airwaves are not the property of the Indian
government and any Indian citizen wanting to use them should be allowed to do so19. The government reacted
by making efforts to get some regulation in place by setting up committees to suggest what the broadcasting
law of India should be, as laws that were passed in 19th century India were still governing the sector. A
Broadcasting Bill was drawn up in 1997 and introduced in parliament. But it was not passed into an Act. State-
owned telecaster Doordarshan and radiocaster All India Radio were brought under a holding company called
the Prasar Bharati under an act that had been gathering dust for seven years, the Prasar Bharati Act, 1990. The
Act served to give autonomy to the broadcasters as their management was left to a supervisory board
consisting of retired professionals and bureaucrats.
Sharad Pawar Committee:
A committee headed by a senior Congress (I) politician Sharad Pawar and consisting of other politicians
and industrialist was set up to review the contents of the Broadcasting Bill. It held discussions with industry,
politicians, and consumers and a report was even drawn up. But the United Front government fell and since
then the report and the Bill have been consigned to the dustbin. But before that it issued a ban on the sale of
Ku-band dishes and on digital direct-to-home Ku-band broadcasting, which the Rupert Murdoch-owned News
Television was threatening to start in India. ISkyB, the Murdoch DTH venture, has since been wallowing in
quicksand and in recent times has even shed a lot of employees. But News Corp has been running a C-band
DTH venture in the country which has around 20,000 subscribers20. Now under changed circumstances and
improved technological communication net works, the demand for new regulatory regime increased, in
response of which, the Communication Convergence Bill is drafted. The Bill is to be studied further and
approved to begin a new regulation of broadcast and telecast media coupled with other telecommunication
networks.

19
CAB v UOI ……. Detailed analysis is dicussed further.
20
www.indiantelevision.com
10. Control over the Content: Television and Censorship:
By a 1984 notification issued by the Central Government, Doordarshan had been exempted from
provisions of the Cinematograph Act on the grounds that its officials would keep the film certification
guidelines in mind while clearing programs for telecast. The Cinematograph Act did not extend to the cable TV
or foreign channels. Virtually the Censorship of TV programmes could not be censored. Thus the
Cinematograph Act was proved ineffective in pursuing the purposes for which it was existing and also in
controlling the contents of audio visuals on Television, which is as effective a medium as that of Films. In 1995
some court cases were filed alleging the corrupting influences of satellite television in the citizenry. One
metropolitan magistrate ordered the Government to monitor all satellite broadcasts for culturally alien values
and morally offensive depictions. The state carried on the process of monitoring and then came out with
startling results that some of the private, regional satellite channels in the south to be the biggest offenders. In
yet another appeal by a nurses association, the Court ordered Zee TV to change the salacious depiction of
nurses in a feature film that it had telecast on its movie channel. In 1996 another metropolitan Magistrate
declared the need of censoring the programme content of Television because it was ruining the country's moral
fabric. The Court also observed that foreign channels operating in India and promoting 'the opposite of Indian
culture' had led to Doordarshan competing with such channels on commercial lines, 'thereby bringing cultural
invasion in to the lives of millions of Indians'21. The Court stated that the freedom of speech and expression
cannot be permitted to be diluted to stifle expression nor licentiously enlarged to promote a riot of sensual
display. The magistrate also ruled that both Doordarshan and the private channels would have to obtain
clearance from the Censor Board for every film, serial, or commercially sponsored advertisements that they
aired. And in the event of noncompliance of directions, police officers of concerned police station not below
the rank of sub-inspector would have the right to enter any place or studio from which the film or serial was
being exhibited or likely to be exhibited, search and seize the offending material, and initiate legal proceedings
under the relevant laws.
Both the metropolitan magistrates who ruled on the issue in 1995 and 1996 strongly expressed the view
that Doordarshan officials had not adequately lived up to this responsibility. It is further impossible in case of
private channels and cable TVs. However, the pressure was mounting on Government to stop cultural invasion
by regulating the cable TV, which ultimately mean to reform the regulation process.

21
Vinodanand Jha v State, Delhi Magistrate Court, Interim Order dated July 3, 1996, para 23
Senguptha Committee:
As the Prasar Bharati Act was passed before the advent of foreign TV channels invading from sky
through satellites and cables, a need was felt to rethink about the role of Prasar Bharati., for which a High
Power Committee under the chairmanship of Senguptha was formed in 1995. This committee recommended
for creation of an Independent Radio and Television Authority of India to grant licenses to Satellite channels,
domestic or foreign, and permit them to up-link from Indian soil, by making necessary provisions in the
statute. The Committee also suggested a provision for issuance of licenses on payment of application fee, an
annual license fee and adherence to standard codes on broadcasting and advertising. The Committee felt that
besides ensuring plurality to achieve objective leadership of the organization, there was also a necessity to
prescribe certain standards for the private operators to ensure quality and diversity of the programmes through
some codes. Recommending to put an end to monopoly of Doordarshan in terrestrial broadcasting, the
Committee also suggested to permit local terrestrial and radio stations to successfully compete with satellite
channels in other countries. The committee recommended dispensation with the 22 member Parliamentary
Committee and proposed many structural changes in the corporation besides some suggestions as to financial
support.

11. Working paper on Media Policy 1996:

In 1996 a subcommittee of the Consultative Committee of Ministry of Information and Broadcasting
produced a draft working paper on the media policy of the country. This Committee headed by Shri Ram Vilas
Pashwan, submitted a report, which also was not adopted as the policy of the country. The policy advocated
for absence of monopoly in any media, projection of developmental needs and social, cultural and economic
aspirations of the people, strengthening democratic traditions, culture and values, national integration, and
scientific temper; and to promote national integrity built on secularism, socio-cultural pluralism, and linguistic
diversities. It recommended formation of a regulatory body as an autonomous authority to oversee both public
and private telecasting and broadcasting. Finally the committee suggested not dilute the provisions of the
Prasar Bharathi Act and further strengthen it by bringing foreign satellite channels within the ambit of such
regulatory body. It also suggested the creation of a mechanism to redress the grievances from general members
of society. The policy paper also pleaded for setting up of non-commercial broadcasting stations to be run by
universities, educational institutions, panchayats, local bodies, state governments etc. The subcommittee
suggested that the Government should devise an institutional system for funding public broadcasting. It agreed
with the proposal that the field of broadcasting and telecasting should be open to Indian Private sector, state
government, NGOs and local government. It strongly recommended restrictions on cross-media ownership. It
has unequivocally advocated for not allowing direct or indirect foreign equity participation in companies
entering the field of private broadcasting.
Towards a comprehensive reform Bill:
With this background of several committees making in depth studies and reporting variety of
suggestions, the work to draft another comprehensive bill for broadcasting reform began. In a note prepared by
the Ministry of Information and Broadcasting, for the United Cabinet, a broad basic line was outlined to
reform the broadcasting law to address the impending need of the much more powerful digital Direct to
Home…services22. In May 1997 the final draft of Broadcast Bill was ready and the same was introduced in
Parliament. It encompassed the meritorious recommendations from different committees, principles of justice
evolved from different judgements and out of experience of working of the present set up to regulate the
broadcasting aspects, besides, growing technology with fresh devices to improve broadcasting. The need for
cultural concerns like portrayal of violence and sexual conduct, the need to lay down standards of taste and
decency, to promote the values of national integration, religious harmony, scientific temper and Indian culture,
and to ensure time for children's programming, educational programming, developmental programming and
programming of Indian Origin, are expected to be taken care by any draft legislation intending to regulate the
broadcasting and telecasting fields. Apart from above objectives, the security concerns, communal and integrity
concerns, keeping a grip of control over the foreign channels while up-linking permissions are issued, to
enforce the code to address these concerns, were also to be considered.

12. Direct to Home Service: A ban:

Another technological development in the field is the Direct to Home service, with which any private
entrepreneur could throw any programme to drawing rooms and bed rooms. Murdoch's DTH operations were
ready to be launched. In this context, the Ministry of Communications issued a notification prohibiting the use
of broadcast apparatus for the transmitting or receiving of signals in frequency bands above 4800 MHz. In its
explanatory memorandum issued during 1997, it said that new technology called DTH 'would enable any
broadcaster within or outside India to telecast or beam any programme of his choice directly to the houses and
bedrooms of the general public. It added: "Therefore it has become necessary to ensure that no person should

22
Ministry of Information and Broadcasting: Subject: Broadcasting Law for India 1 (1997)
be allowed to start such a DTH service in India by establishing, maintaining, working, possessing or dealing in
any equipment that enables reception and dissemination of programmes from a DTH service in India.23"
Murdoch wanted to file a petition against the ban imposed by the Government invoking the freedom of speech
guaranteed under Article 19(1)(a) of the Constitution. At this point of time the Government chose to notify the
Prasar Bharathi Act. The Prasar Bharathi came into existence. The provision for parliamentary committee to
oversee the working of Prasar Bharathi was dropped as per the recommendation of the high power committees
recommendation in 1996. The Broadcasting Council was also abolished. The Act was notified alongwith some
amendments brought in by promulgating ordinance. These amendments were made to remove the possibility
of a foreign national becoming a part-time member of the Board and to empower Parliament, rather than the
President, to make the final decision regarding supercession of the Prasar Bharathi Board. All members of the
Board were to be given six years tenure, and they would not be eligible for a second term.

13. Licensing Issues:

Though the Broadcasting Bill 1997 has dealt with several critical issues of broadcasting and
comprehensively covered several technical aspects including possible controls, several other issues such as
foreign and cross media ownership restrictions, requirements for auctions, uplinking and the use of orbital slots
were left out. The key objective of the Bill was "to provide for the establishment of an independent authority to
be known as Broadcasting Authority of India, for the purposes of developing, promoting, facilitating and
regulating broadcasting services in India.. so that they become competitive in terms of quality of services, cost
of service and use of new technologies, apart from becoming a catalyst for social change, promotion values of
Indian culture and shaping of a modern vision. It will also curb monopolistic trends in this sensitive field, so
that people are provided with a wide range of news and views."
During 1998 a Joint Parliamentary Committee re-examined the possibility of setting up a Broadcasting
Council or Authority on the lines of the Press Council of India to control private and foreign channels and to
strengthen the facilities for broadcasting. The outcome is yet to be seen. The Bill also addressed the issue of
DTH. The DTH, the most combustible of issues in the Broadcast Bill, was the subject of a variety of strategies
for separate implementation. Only an understanding that Doordarshan might control it exclusively for at least a
two year period led to some prospect that DTH might actually be introduced24. The Election Commission
condemned the proposal to grant Doordarshan a license for exclusive operation of direct-to-home at the end
23
Ministry of Communications Notification (1997), Reprinted in Gazette of India Extraordinary, July16, 1997, at 4.
24
Sharif Rangnekar, I & B Ministry Paves Way for DD's Foray into DTH service, In Economic Times, 20 July 1999.
of July 1999. The Election Commission noted that 'this being a matter of vital interest in the area of media
policy of the Union Government, the appropriate forum for a full debate and appropriate decision is
Parliament". The Commission held that the matter should await the completion of the election process and
should be rightfully taken up by the new government. Political vacillations might increase industry doubt as to
whether DTH is financially viable25. The Election Commission intervened in this affair, as the opposition made
that an ordinance during a pre-election period as an issue of violation of conduct rules for the ruling party. The
Commission felt that it as inappropriate to issue an ordinance when the poll schedule has already been
announced.
Though the Bill was ready since 1997, the deliberate dodging of its passing led to continued monopoly
of Doordarshan and All India Radio as far as terrestrial broadcasting is concerned. The government at the
center announced that terrestrial FM would be opened for private licensing. But it was subjected to stringent
restrictions. One of such restrictions was that the private channel would not be allowed to broadcast news.
There are series of administrative actions from the Government regulating the broadcast and telecast fields.
"The administrative action also altered the up-linking environment. Rather than the prohibition on up-linking
from within India for any entity except government channels, VSNL, the state facility, now became open to
Indian entities operating satellite channels delivered predominantly for cable television distribution. The so
called foreign channels still were required to up-link from abroad, but this may have been more because of
VSNL's limited capacity than discriminatory intent, namely to give domestic channels an advantage for real-
time delivery of signals. At the moment, the idea of compelling all channels to up-link from India seemed to be
placed on a distant back-burner", opined Monroe E. Price and Stefaan G. Verhuist, the authors of Broadcasting
Reform in India26
There was another major administrative action by the Ministry of Information and Broadcasting, under
the Cable TV Act of 1995, by which a ban was imposed on the Pakistan TV during the Kargil war in the
summer of 1999. This is an example of content restriction imposed on the foreign satellite channels through
cable operators. The Minsitry invoked the powers under Article 19(2) to impose restrictions on the content of
the foreign channel to prevent possible harm to the national security and communal harmony through dis-
information campaign in PTV. The administration of the VSNL Internet Service Provider blocked

25
EC vetoes Govt's Grant of DTH license to DD, In EconomicTimes, 27 July 1999
26
Monroe E. Price, Stefaan G Verhuist, Broadcasting Reform In India, prologue, OUP, 2000, page xiii.
transmission of the website for Dawn, the Pakistani newspaper27. It is yet another restriction on the news flow
from a foreign land, through internet.
Another gray area where the State can interfere by imposing restrictions on the content is prosecution
of channels for obscenity and pornography. Cable Act contains such provisions also.
Meanwhile, the internet began to spread by leaps and bounds creating another major issue regarding a
new media, relegating the broadcasting or telecasting into secondary position. Innumerable internet cafes are
providing access to super highway of information, a tool providing link to vigorous market for information of
global proportions. Internet is convergence of all kinds of communications with information, entertainment,
news and all possible vital aspects of new culture and civilization. The government at the center is under an
obligation to find ways to regulate the internet, if at all that is possible. That is the new challenge staring at the
government now. Even as the Government is still thinking as to consider the Convergence Bill, the foreign
satellite channels are competing with each other in Indianzing their programmes and aggressively invading into
the advertisement market. In all dozens of channels are operating in Indian market in each state involving both
domestic private enterprises and foreign satellite channels. The Internet coupled with these channels pose a
serious challenge to the law makers to come out with new legislative regulatory scheme. Thus from earliest
Telegraph Law to offing Convergence Law, the broadcast regulatory reform traveled a long distance, but still
waiting to reach a logical stage wherefrom the state can control the situation which almost went out of hand
with technological revolution.

27
Ibid.