Broadcasting Industry

By the Industry, of the Industry, for the Industry: The Possibilities and Limits of Self-Regulation of Indian Broadcasting

By Peng Hwa Ang and Aparimita Pramanik, Mudra Institute of Communication Research

Citation: Ang, Peng Hwa and Aparimita Pramanik. (2008, December). “By the Industry, of the Industry, for the Industry: The Possibilities and Limits of SelfRegulation of Indian Broadcasting.” Contours of Media Governance, Technology, Institutions, Practice. Symposium by the Centre for Culture, Media Governance, Jamia Millia Islamia, Delhi.

Abstract

The Indian broadcasting landscape has been grown from an all-government system to one filled with many private sector players. The regulatory regime, which could cater to the all-government system, has had to undergo a major structural overhaul. A self-regulatory regime with a recently-promulgated code titled “SelfRegulation Guidelines for the Broadcasting Sector” is being implemented for content regulation of the industry. This paper argues that the overhaul has been inadequately thought through from conceptualization to operation. First, it is not clear that the conditions for successful self-regulation are present in the current industry structure. Self-regulation works best with a motivated industry, a small number of large players as opposed to a large number of small players, a government regulatory backstop and where there is maturity in the market. Second, self-regulation does not seem to be properly understood, even in the Guidelines. Self-regulation, properly defined, is the regulation of industry by industry. The Guidelines talk of a “first tier” where the company attempts to ensure compliance with the rules. By that definition, every company is involved in selfregulation because companies for the most part do aim to comply with rules. Third, the rules do not provide any sanctions for violation of the Code. Although not robust, the regime may work up to a point if the industry is motivated. The...