NEW DELHI: The Broadcasting Content Complaints Council (BCCC) has asked the Information and Broadcasting Ministry to set up an independent adjudicatory body to arbitrate in cases of violations of codes made by television broadcasters and also provide for graded financial penalties depending on the severity of breaches.

BCCC chairman Justice K L Shah said fines should be substantial in case of serious violations, and not merely token fines. For this, the BCCC has suggested appropriate amendments to Clause 10.2 of the uplinking guidelines.

The BCCI said suspension and revocation of licence of television channels that violate the various codes must be resorted to in exceptional circumstances and only in cases of repeated and extremely severe violations.

The gradation of ?violations? should range from mild to severe and as a general practice, sanctions imposed should be in the nature of fines and directions for correction, the BCCC has conveyed to I&B Ministry.

It said sanctions under Clause 8.2 and Clause 10.2 of the uplinking guidelines should be imposed only in cases of repeated and extremely severe violations. Clause 8.2 provides for prohibition of broadcast for up to 30 days for the first violation, for 90 days for the second violation and for the remaining period of the permission in case of third violation.

Clause 10.2 provides that renewal of permission will not be considered if a channel is found guilty of violations, including that of the programme and advertisement code on five occasions or more.

The suggestions by BCCC say that factors that should be accounted for to determine the severity of the violation include degree of breach (extent and the severity); duration of breach (time period for which the breach was alive); harm caused (whether any injury has been caused to the objectives of the restrictions); reversibility of the harm (whether the harm can be corrected through any measures); and measures taken for correction of the breach by the broadcaster.

The BCCC also said the decision of the relevant adjudicatory body pertaining to the imposition of fines, issuance of directions, suspension and/or revocation of the license, should be made appealable.

The decision of the adjudicatory body should be in consultation with the relevant self-regulatory bodies on a case-to-case basis, to determine the degree and extent of the violation by the broadcaster.

In suggestions sent on Tuesday to the I&B Ministry, the BCCC said while passing the relevant order of sanction, the deciding authority should consider whether the self-regulatory bodies have already taken cognisance of the violation and whether any penalty has been imposed before arriving at its decision. In any case, any decision should be in ?effective consultation? with the self-regulatory bodies, the BCCC said.

Justice Shah said the council had taken a serious note of complaints relating to women and children and issued advisories in this regard. ?Broadcasters should strictly avoid showing children below the age of 12 dancing to item numbers. The treatment of children during the course of the programme is also important. Stereotyping of women should be discouraged in TV programmes.?

The BCCC was set up by the Indian Broadcasting Foundation in June 2011 as an independent body for general entertainment channels. The BCCC came into being after consultations between the IBF and the I&B Ministry to implement ?Self-Regulatory Guidelines and Complaints Redressal Mechanism? for all television channels, excluding news and current affairs channels. The general entertainment channels, children?s channels and special interest channels are covered by the BCCC.

IBF President Man Jit Singh said, ?Self-regulation is the most appropriate way to handle content on television. The BCCC is a truly independent council that looks into complaints from all over the country. The broadcasters take all recommendations, directions and advisories of the BCCC very seriously and will continue to support the council?s efforts.?

BCCC Member and noted actor Shabana Azmi said: ?Freedom of speech and expression, especially artistic freedom, is very important and a democratic right. This freedom, however, comes with responsibility, and this is where BCCC plays an important role. At BCCC, we hear the channels when serious complaints come before us. We are happy to say that there has been full compliance of the BCCC?s directives by the member channels.?

IBF Vice President Rajat Sharma said, ?The BCCC is a credible and successful system of self-regulation that has been functioning for 21 months now. It has done good work and we are sure it will continue to do so.?

BCCC Member Bhaskar Ghose said, ?At present, debates relating to content and similar issues cater only to a defined audience. We feel its scope needs to be expanded with fruitful participation of a much wider audience in society.?

Rise in complaint cases

Justice Shah noted that there has been a rapid increase in the number of complaints being handled by BCCC in view of the various measures implemented by the IBF?s member channels and the increased awareness amongst the Indian television audience.

The council is focused on timely disposal of complaints it receives from viewers, civil society, RWAs and the Ministry in its endeavour to make television viewing a pleasurable experience in the fast-evolving Indian social milieu.

Till 30 November 2012, BCCC had received 8628 complaints and suggestions, including 1072 specific complaints, and it has disposed of an overwhelming number of these to the satisfaction of complainants.

BCCC has issued seven advisories so far to member channels on different topics of concern.

The BCCC has also held two interactive sessions with channel heads/ standards & practices heads / content heads to develop a better understanding about the IBF?s self-regulatory guidelines and to make television content suitable for unrestricted viewing. Such sessions would also be held in other parts of the country.