The Ministry of Information and Broadcasting has identified several broadcasters violating the Policy Guidelines, 2022, by outsourcing their TV channels’ operations without permission. All broadcasters permitted to uplink and downlink satellite TV channels must adhere to these guidelines throughout their permission period.
Clauses 26 and 32 of the Policy Guidelines, along with specific terms in the permission letters, require broadcasters to maintain complete control over core operations, such as content generation, transfer, and uplink. Only the permitted management of the broadcaster’s company is authorized to manage these operations. Clause 8(e) empowers the Ministry to request compliance information from broadcasters.
A prerequisite for granting permission for News and Non-news TV channels is security clearance from the Ministry of Home Affairs (MHA) for the company, its directors, key executives, and shareholders. Broadcasters must ensure that no individual without MHA clearance manages the company’s core functions.
Permission letters for News TV channels explicitly state that the company must generate and develop its own content and not source it from third parties without Ministry approval. Any transfer of TV channel permissions to another entity requires prior Ministry approval, as detailed in Clause 32 of the guidelines. Violations can result in suspension or cancellation of permissions under Clause 25 (1)(xii).
The Ministry has received numerous complaints about certain TV channels misusing their permissions by contracting out operations to unauthorized entities without prior approval. Some broadcasters have claimed ignorance of these provisions during inquiries.
The Ministry has clarified that letting out channels to third parties, including group entities, without prior approval is prohibited. Violations may lead to cancellation or suspension of permissions as per Clause 26(2) of the guidelines.
Hence, all the permitted broadcasters/ TV Channels are, therefore, advised and directed to follow the above 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.
