BREAKING: MIB prohibits private channels from subleasing uplinking/downlinking permissions
At the beginning of this month, the Ministry of Information and Broadcasting issued an advisory to all private Satellite TV channel broadcasters and operators to refrain from unfair practice of multiple uplinking of the permitted channels on multiple frequencies without the approval of the Ministry. However, some channels were seen floundering the norms.
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Three weeks after the Ministry of Information and Broadcasting issued an advisory to all private Satellite TV channel broadcasters and operators to refrain from unfair practice of multiple uplinking of the permitted channels on multiple frequencies without the approval of the Ministry, MIB has again issued a stringent advisory.
Urging broadcasters to follow guidelines, it noted that some channels were seen floundering the norms.
It is to be noted that the transfer of permission can only be done post MIB approval.
The Clause 26 and Clause 32 of the Policy Guidelines, 2022 emphasises the complete control over the core operations of TV Channel which is content generation, content transfer and content uplink. Only the permitted management of the permission holder company is eligible for having the control over the core operations of the TV Channel. The Policy Guidelines also provide the facility to the permission holder companies to transfer the permissions of its TV Channels/ teleports to some other entity only with the prior approval of this Ministry.
The Ministry, however, has received various complaints regarding the violations of provisions of Policy Guidelines by certain TV Channels by misusing the permission and authorising /enabling /contracting out the operations or other core functions/activities of the channel to any non- permitted entity/ person/ company/ LLP through any explicit or implicit agreement or arrangement, without the prior permission of this Ministry. Despite being clearly mentioned in the extant Policy Guidelines, 2022 and in the terms and conditions of the permission letter issued to the broadcaster, during the time of enquiry some broadcasters have claimed ignorance of these provisions.
MIB noted that cases where the company/ LLP is found to have misused the permission by authorising or enabling or contracting out the same to any non-permitted entity/ company/ LLP/ person(s) through any explicit or implicit agreement or arrangement, without prior permission of this Ministry, may result into cancellation/ suspension of permission as per the provisions of Clause 26(2) of Policy Guidelines, 2022.
All the permitted broadcasters/ TV Channels are advised that the operations and core functions/activities of the channel that is content generation, content transfer and content uplink are being managed by the permission holder company/ LLP itself, it said.
