INTRODUCTION

"Without freedom, no art; art lives only on the restraints it imposes on itself and dies of all others."
- Albert Camus1

Albert Camus believed that freedom was essential for human existence and that without it, life loses its meaning. Camus argued that art, too, is an expression of human freedom, and that it cannot exist without the freedom to create and express oneself. He believed that art is an act of rebellion against the constraints of society and a way to transcend them. Camus saw art as a means of understanding the human condition, and as a way to challenge and transform the world. To him, the creative process itself was a form of freedom, and without it, art would be limited and empty.

In the Indian context, with increasing discussions on the regulation of Over-The-Top ("OTT") platforms and the censorship of obscenity, content creators are pressured to censor their work, which can stifle their creativity and undermine their artistic vision. Given this backdrop we bring to you the eleventh edition of the Recap. This edition looks back at the recent developments in the media and gaming sectors over the month of March, 2023.

News broadcasters request exemption from public service broadcasting

In a letter sent to the Joint Secretary (Broadcasting), the news broadcasters body, National Broadcasters & Digital Association ("NBDA") has sought an exemption from the provisions of the 'advisory on the obligation for public service broadcasting' ("Advisory"), issued by the Ministry of Information and Broadcasting ("MIB").

The Advisory was in respect of the Guidelines for Uplinking and Downlinking of Television Channels in India, 2022 ("Guidelines") issued by the MIB in November 2022. The Guidelines deal with various aspects of satellite broadcasting by television channels, which includes obligations for public service broadcasting under Paragraph 35 of the Guidelines. The Advisory, inter alia, clarified that content used for the purpose of public service broadcasting by private satellite TV channels may be shared between broadcasters and could be repeat telecast on one or more television channels, and that content which is broadcast as public service need not be 30 (thirty) minutes at a stretch and may be broadcasted over smaller time frames.

In this regard, the NBDA has written to Mr. Sanjiv Shankar (Joint Secretary, Broadcasting, MIB) stating that the members of the NBDA are already producing and airing news programming content in compliance with Paragraph 35 of the Guidelines and therefore, no further compliances should be imposed on its members.

You may access this update as reported in the Indian Express here.

You may access the Advisory here.

You may access the Guidelines here.

Web Series "College Romance" does not pass "morale decency community test".

The Delhi High Court ("Del HC"), in its recent order on March 02, 2023, observed that the TVF web series "College Romance" did not pass the "community test of common man" and ordered that it be removed from all platforms immediately.

The Del HC observed that the series contained highly sexualised content and abusive language which was not suitable for public viewing. The Del HC also noted that the series was targeted at young adults and students, and the content was not only unsuitable for children but also morally depraved and likely to corrupt the minds of the youth. The Del HC's decision has sparked mixed reactions, with some applauding the move as a step towards curbing the portrayal of objectionable content in media, while others have criticized it as an infringement of artistic freedom and expression.

You may access the update as reported by Indian Express here.

You may access the order of the Del HC here.

Department of Consumer Affairs issues "Endorsements Know-hows!"

The Department of Consumer Affairs has issued guidelines for celebrities, influencers, and virtual influencers about the endorsement of products, services or brands titled "Endorsements Know-hows!", which indicate when and how disclosures should be made during endorsement. The Endorsement Know-hows has clarified that endorsements should disclose the relationship between the advertiser and the endorser, including through the use of words such as "advertisement", "ad," "sponsored," "collaboration," or "partnership." For endorsements in a picture, disclosures should be superimposed over the image large enough for viewers to notice. For endorsements in a video or a live stream, disclosures should be made in both audio and video format and displayed continuously and prominently during the entire stream.

The Endorsement Know-hows also advises celebrities and influencers to always review and satisfy themselves that the advertiser is able to substantiate the claims made in the advertisement. It also recommends that the product and/ or service must have been actually used or experienced by the endorser.

You may access the update as reported by the Press Information Bureau here.

You may access the Endorsement Guidelineshere.

26% FDI limit not applicable to OTT Platforms.

MIB on March 10, 2023, issued a letter clarifying that the stipulation of a 26% foreign direct investment ("FDI") limit which applies to private satellite TV news channels, does not apply to OTT platforms that distribute live feeds of third-party news channels.

The FDI Policy of 2020 allows for FDI up to 26% under the Government approval route for entities involved in uploading/streaming of news and current affairs through digital media. The MIB received several representations from industry bodies and OTT platforms seeking clarification if the FDI limit would also apply to OTT platforms hosting digital feed of the news channels. The OTT platforms stated that they only provide a platform for third party news and current affairs content of news channels on an 'as is basis' without any editorial intervention. Additionally, they contended that they are not involved in any aggregation/ curation of the news and current affairs content provided by such channels but are only hosting the news feed provided by such entities.

MIB has further clarified that private satellite TV news channels granted permission under the Guidelines which operate digital news content are already covered under the FDI policy. Therefore, OTT platforms simply hosting the digital feed of a private satellite TV news channel already covered under the extant Guidelines, would not be affected by the 26% FDI limit.

You may access the update as reported in the Economic Times here.

You may access an official copy of the letter issued by the MIB here.

Delhi High Court issues Notice on Penguin's Plea against Injunction Order

The Del HC has issued notice on Penguin Random House's ("Penguin") plea against a trial court's injunction order on a book about the rise and fall of Yes Bank and its founder, Rana Kapoor, titled "The Banker Who Crushed His Diamonds: The Yes Bank Story". Earlier, an Additional District Judge had issued an injunction against the book's publication and distribution, following a petition filed by Rana Kapoor's daughter, Roshni Kapoor, under a claim that the book contained defamatory material about Rana Kapoor and his family. After multiple hearings, the lower court dismissed Penguin's application for vacation of the injunction order. Following this, Penguin Random House had filed a plea challenging the injunction order before the Del HC, alleging that the book is a work of investigative journalism and does not contain any defamatory material.

You may access the official copy of the Del HC order here.

TRAI to release consultation paper on regulatory framework for the broadcasting sector.

The Telecom Regulatory Authority of India ("TRAI") is planning to release a consultation paper on the regulatory framework for the broadcasting sector. It aims to discuss various issues such as the ceiling on network capacity fee, multi-TV connection tariff, carriage fee, and a level-playing field regarding the pricing of TV channels. TRAI further plans to initiate a discussion on other issues such as the minimum subscription period for a television channel, listing of television channels as per genre/ language, and revenue share between multi-system operators (MSO) and local cable operators (LCO).

You may access the update as reported in the Economic Times here.

To view the full article, click here.

Footnote

1. Albert Camus was a French philosopher, writer, and journalist who is known for his philosophical concept of absurdism.

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