Media is becoming more and more comprehensive nowadays. The term media was evolved in 1990's. Media makes a fine line between nationality, morality, personal rights and privileges like right to freedom, right to expression, etc. These rights come into existence only with the help of media. Article 19(1)(a) of the Constitution secures to every citizen of India, the freedom of speech and expression. This right means the right to express one's ideas and opinions. Lawmakers can only interfere with media in case of policy licensing and limiting the content.
Broadcasting began in 1926 with the setting up of a broadcasting company. The Government took over this company and named it as All India Radio in 1931. It became famous to give speech. The term "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds. And "re-broadcasting" means transmission by one organization to another organisation. Example of re-broadcasting is, match shown on DD, Ten Sports channel. The Event remains same and signals also remain same. The transmission of encrypted signals is called as broadcasting where decrypting is provided to public by broadcasting organization. The television providers receive direct broadcast from the broadcasting organization which means it is relying on signals from the satellite.
Broadcasting in India comes under the Prasar Bharati (Broadcasting Corporation of India) Bill which was introduced in 1979. Later, it became Prasar Bharti Act, 1990. Prasar Bharti means creating a governmental control over media, satellite channels with reference to contents and channels. The main purpose of this Act is to provide benefit to society.
The main definitions under the Act are:
It means the office, stations, etc., formed by the Director-General of AIR of Union Ministry of Information and Broadcasting.
It means transmission of any signals, writings, pictures, images and sounds by electro magnetic waves through space or cables which is received by general public directly or indirectly through the stations.
It is also a Kendra or office formed by the Director-General of Union Ministry of Information and Broadcasting.
The main feature of Broadcasting is that it merges Radio and Television together.
The corporation is established under the statute. It consists of a Presiding Chairman, 8 members and 6 part-time members.
The main functions are:
Ø The primary duty of corporation is to organize and conduct public service broadcasting to inform, educate and entertain the public.
Ø To maintain the unity and integrity of the country, and to protect the rights mentioned under the Constitution.
Ø To safeguard the rights of citizen and to inform the general public all matters of national, international and political interest.
Ø Paying special attention in field of education, health, agriculture, family welfare, science and technology so that general public should get all latest information.
Ø Providing special knowledge and view of the diverse cultures and languages of various regions of country.
Ø Also providing special knowledge of sports and games.
Ø Informing and stimulating the national consciousness in regard to the status and position of women and giving overview of their problems.
Ø To safeguard the rights of the working class people and to work for their welfare.
Ø To serve the rural and weaker sections of society.
Ø To provide special programmes and special offers for minors and tribal section of society.
Ø To take special interest for welfare of children and their interests.
Ø Providing broadcasting coverage through the choice of appropriate technology and the best use of broadcast frequencies available.
Ø The corporation is taking steps for establishing libraries of radio and television.
Ø They are also ensuring that broadcasting is conducted as a public service to provide and produce programmes.
Ø The corporation is also taking steps for gathering news for radio and television.
The Committee is set up to oversee that the corporation is discharging its function or not. It consists of 22 members, 15 from Lok Sabha and 7 from Rajya Sabha.
The Broadcasting Council is established to receive and consider complaints from any person and for the purpose of redressal. The complaints are dealt fairly and in accordance of law.
The Broadcasting Council consist of a President and 10 other members and 4 members of Parliament.
The persons alleging that functioning of the corporation is not in accordance of law and objectives may come to Broadcasting Council.
The Central Government has a power to give directions to the corporation in the interest of sovereignty, integrity and unity of the country and for the interest of general public. The Central Government may give directions at any time and at any issue.
The rules of corporation are made by the Central Government according to the needs of society but the corporation may by notification, make regulations not in consistant with this Act and the rules made thereunder to perform its functions under the Act. Regulations by the corporation shall be made only with prior approval of the Central Government.
Cable television is the media of today. The far reaching places are also connected to the cable television programming. This technology has emerged in the past 10-15 years. This Act came into force because earlier cable TV operators and subscribers were not aware of their rights and another main reason was to limit the contents so that anything shown on TV should be according to the interest of people and their rights should not be violated. Due to the enactment of this Act, there is uniformity in media.
The main definitions under the Act are:
It means any person who provides cable service through cable network and is responsible for the management and operation of cable television network.
It is the transmission by cables of programmes including re-transmission by cables of any broadcast television signals.
It is a system which consists of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers.
Section 3-It states that a person can operate a cable television network only when he is registered as a cable operator under the Act.
By the amendment in the year 2002, Central Government makes it obligatory for every cable operator to transmit or re-transmit programmes of any pay channel through an addressable system. One or more free to air channels should also be provided by a cable operator, for a single price to the subscribers, should be included in the package. DD news, DD national channels should be shown by every cable operator. It is mandatory for every cable operator. Multiple Satellite Operators are the big cable networks.
Government is trying to progress the Cable Television Business. For this, it is necessary to check the procedure of acquiring registration and government should also set the standards to maintain the uniformity all over the country. The main interest of cable operators should not only to make profit margins, but to ensure that competitiveness does not exceed reasonable limits.
This Act was earlier passed in the year 1997 to overcome the problems of telecommunications. In 1990, a new phase of telecommunication was started. P.V. Narsimha Rao started the liberalization to trade barriers. National Telecom Policy was started in 1994. Later, it was further developed in 1999. Mobile phones were first introduced in 1994. Within 2 years, cell phones became a rage. Basic telephony means landlines were open to private and foreign direct investment, 24% which was increased to 49% and now it is 74%. Nokia is a part of foreign direct investment. There was no clear picture that who will decide the tariff. Now it is decided by Telecommunication Regulatory Authority of India.
Any dispute arising will be decided by Telecom Disputes Settlement Appellate Tribunal. The seating of the tribunal is at Hotel Samrat. Its main function is to adjudicate any dispute arising:
Ø Between a licensor and a licensee.
Ø Between two or more service providers.
Ø Between a service provider and a group of consumers.
If any person is dissatisfied from the order of tribunal, then he has to go for an appeal to Supreme Court.
Section 14b-the Appellate Tribunal consists of a Chairperson and not more than two members to be appointed by notification by the Central Government.
Section 14c-the Chairperson is a Judge of Supreme Court or Chief Justice of a High Court. In case of the member, he must hold the position of Secretary to the Government of India.
All appeals pending before the High Court immediately before the commencement of this Amendment Act are transferred to the Appellate Tribunal.
Section 15-Civil Court does not have jurisdiction to interfere in the matters of Telecom Disputes.
Section 18-Any person aggrieved from the orders of High Court or the tribunal shall go to the Supreme Court.
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