Despite the Ministry of Information and Broadcasting’s (I&B) best efforts to prevent any cause for controversy, some reality shows continue to draw complaints from India’s conservative lobby. But despite public outcry, and even parliamentary discussion, seldom do these shows go off-air, in some instances boosting ratings and generating plenty of press attention. Top-rated shows like Viacom 18’s Colors’ Balika Vadhu (a drama series in the news for addressing the issue of child marriage) and Star Plus’ Hindi version of Moment of Truth, Sach Ka Saamna – described by some as “against the morality of the Indian society” – have been discussed during parliamentary sessions this year. Interestingly, at the time of Sach Ka Saamna’s launch, Star mentioned that the US version had developed a significant following in India on English language general entertainment channel, Star World. Towards the end of October, the Ministry had reportedly issued a showcause notice to Colors objecting to certain visuals broadcast during reality show Bigg Boss 3, the Indian version of Big Brother. It was reported that the channel had been asked not to carry any content that constituted a violation of the programme code that is part of the Cable TV Networks (Regulation) Act 1995. The development emerged following a participant on the show pulling down another contestant’s shorts. Ministry’s stance All programmes and advertisements telecast on TV channels transmitted/retransmitted through the Cable TV network, are required to adhere to the Programme and Advertising Codes prescribed under the Cable TV Network (Regulation) Act, 1995 and rules framed there under. Towards the end of last year, in its annual review for 2008, the Ministry shared that a draft Content Code had been formulated with the I&B secretariat to review the existing Programme and Advertising Codes posted on the Ministry’s website. After considering the response from broadcasting organisations, civil society groups and consumer forums, the Committee submitted its final report. It added that general advisories/warnings were also issued to private TV channels to remind them of the provisions of the Programme and Advertising Codes they are required to follow as per their permission to operate TV channels in India, “specially keeping in mind the impact of obtrusive content on the impressionable minors”. With the objective of providing “healthy entertainment devoid of risk to public order”, the Government had constituted an Inter-Ministerial Committee (IMC) to look into the specific violations of Programme and Advertisement Codes by the satellite channels at a national level, and to recommend action against them for such violation. Orders for constitution of the State and District Level Monitoring Committees have been issued in order to keep a close watch on content carried by local cable TV channels at district or State level. From a broadcaster’s perspective, NDTV Imagine’s executive vice president – business pperations and content sales, Gaurav Gandhi pointed out that the IMC is a government body and “we would not wish to comment on the internal functioning of a government body.” “Currently, the IMC is formed of a group of government officials. None of the broadcasters or producers have a representative on the committee. We recommend that given that the orders of the IMC have a direct impact on broadcasters and producers, it should include representatives from the industry. This would help the broadcasting industry as a whole as it would help the IMC to make decisions, frame rules and regulations and look at complaints with an objective view keeping in mind the views of all the stakeholders,” Gandhi said. Unwritten codes Mumbai-based TV production company Synergy Adlabs Media’s Anita Kaul Basu says, “We as a country have been grappling with censorship issues for decades.” She says film, the print media and television are under constant scrutiny, becoming targets for self appointed political, social and religious groups to take up the cause of regulating “what is seemingly obscene.” “What is one one’s fodder becomes another’s poison. There are unwritten codes of conduct that television follows, but in a media environment where commercials dictate creative, the need to push the barriers in content have become the norm. What sells in the marketplace is what the people want…so the broadcasters and advertisers would have you believe. Focus tests and extensive research later, content that is picked up by focus groups is what is sold and has a chance of success,” says Basu. Gandhi says The Cable Television Networks (Regulations) Act, 1995 contains a detailed code setting out the guidelines governing content that can be broadcast in India. In addition, there are several laws that broadcasters follow while broadcasting a programme. “The programming teams at broadcasters are sensitised to what Indian audiences demand and accept. In addition, most respected broadcasters, like ourselves, have a strong standards and practices team that is entrusted with the tasks of ensuring the content is acceptable to Indian sensibilities. The standards and practices team act as an internal self regulator to ensure that the content broadcast is within the permissible limits. This system has worked extremely well in the past and we see no reason to change this,” says Gandhi. Warnings, advisories As far as general entertainment or music channels are concerned, warnings or advisories have been issued for airing “obscene, indecent and vulgar” programmes over the past 18 months or so. But Basu believes that there shouldn’t be any subjective censorship. “Government representatives, broadcasters and eminent representatives from various people’s groups should be part of a panel to formulate regulations which have a balanced view of what people should or should not view. Often such bodies have bowed to political and religious pressure and desecrated the very institutions they put into place. Despite the government’s efforts of formulating laws, there is no body for monitoring breaches and violations. Thus it is predominantly left to the broadcasters to set up internal self regulatory mechanisms. Again, self regulation requires extreme discipline. If broadcasters are to exercise this discipline, it is weighed against the pressure of commercial gains. At the end of the day, it is a tough ask,” explains Basu. On the other hand, Gandhi highlighted that even though complaints have been received in certain cases, the broadcasters have adequately addressed each of these concerns. And hence, no show, in recent times, has been pulled off air. “This goes to show that broadcasters are indeed responsible and will always avoid hurting audience sensibilities, while at the same time entertaining them with new and fresh ideas,” Gandhi said. Significance of code of conduct Basu believes it is imperative to have a code of conduct. “In a democratic nation where liberty and freedom become targets for moral policemen, it is all the more reason to have a code of conduct that works and evolves and is constantly updated. It cannot be regulation for the sake of regulation – muzzling the freedom to express by a bunch of people who are reactive,” she said. Basu added, “In an evolving medium and changing social mores, a regulatory body must take into cognizance various factors rather than view things in isolation.” In the case of reality shows like Bigg Boss or game shows such as Sach Ka Saamna, which are local versions of international formats, one needs to ensure that the “sensibilities” of audience in India aren’t crossed. Gandhi says, “Broadcasters like ourselves, are very aware of the position we hold in our viewers’ lives. We are like a guest in their homes and will do no such act which would offend the viewers.” Significantly, he added, that as a broadcaster, the company is fully aware that most in India are single TV homes. Keeping in mind that the entire family is watching television together, it is extremely important for broadcasters to present ideas and thoughts that are in line with viewer sensibilities. “This applies to all shows that are put on air, including international format shows that have to be adapted for the Indian market. Meanwhile, the power is always in the hands of the viewer. And the viewers exercise that power through their remote controls every day. This is a powerful regulation in itself, that will ensure broadcasters do not air content that viewers do not want,” said Gandhi. For her part, Basu mentioned that international formats have successfully worked here because of the strength of the formats rather than their content. “Adapting the content to Indian sensibilities and values is the broadcasters’ responsibility. What is mild content internationally could be inflammatory in India. It’s a question of sensitizing and ensuring levels of decency are maintained. It is a powerful medium which needs to be handled with responsibility. Broadcasters have been adhering to regulatory codes laid down by the Ministry of I&B. What might have held good in 1995 (the Cable Television Networks (Regulations) Act) may not be apt in the current scenario. So a constant review is the key to circumventing violations of codes. These reviews also act as a warning to future offenders,” explained Basu. Self-regulation Quite often TV broadcasters categorically say that self-regulation is the only way forward for any industry. In fact, if one goes by the details of orders/warnings/advisories issued to various TV channels since 2005, of the 120-odd such instances, the “objectionable” content has only been aired around 20 times since the beginning of 2008. Gandhi says the programming team together with the other departments of the broadcaster are conscious of the audience preferences and accordingly develop content. While evaluating a complaint, the government too, has considered the present day evolving beliefs, customs and systems. The consultative process initiated by the government also involves various stakeholders and this helps in bringing all perspectives to the table before a decision is taken. Basu says television will offer a mirror to what is happening to society and its functions. “There will be newer and edgier programming and we have to be prepared for this unknown. The forms will constantly change but the function remains the same,” said Basu. She also referred to the changes in consumers’ behaviour and approach. Referring to the availability of 450 channels today, Basu said viewers have more choice and the power to simply switch off or not subscribe to content that offends their sensibilities. “Fortunately, we have freedom of choice and I think Indians have grown and matured and exercised their choices with crystal clarity. Since reality TV is at the helm of most controversies, it is important that content producers maintain a balance and not go for manufactured moments to hit programming TRP peaks. Reality has to deal with high doses of sensitivity and tight control. Exhibitionism and “TV ke liye kutch bhi karega” (anything for TV) attitude by desperate contestants can actually blur the lines between decency and obscenity and vulgarity. Therefore broadcasters need to step in to stem the bleed!” Basu concludes.