IBF Self Reg Code
IBF Self Reg Code
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SELF REGULATION GUIDELINES, CONTENT CODE AND CERTIFICATION RULES FOR
THE GENERAL ENTERTAINMENT & NON NEWS & CURRENT AFFAIRS BROADCASTING
SECTOR
A. INTRODUCTION
The Supreme Court in its landmark judgment on “airwaves” summed up the significance and
importance of television in the modern world by stating as follows;
“Most people obtain the bulk of their information on matters of contemporary interest
from the broadcasting medium. The television is unique in a way in which intrudes into
our homes. The combination of picture and voice makes it an irresistibly attractive
medium of presentation. It has tremendous appeal and influence over millions of people.
Television is shaping the food habits, cultural values, social mores and what not of the
society in a manner no other medium has done so far…..”
The airwaves judgment laid down the law that that “airwaves were public property” and that it
was the obligation of the State under our constitutional system to ensure that they are used for
public good. What was meant by public good was further elaborated to mean that in a
democracy people govern themselves and they cannot govern themselves properly, unless they
are “aware” of the social, political, economical and other issues confronting them. In order to
create “awareness”, it was important for a broadcaster to ensure freedom from State or
government control, in particular censorship by the government. This freedom implied freedom
over the selection, content, and scheduling of programs.
It is in this context that the private television broadcast media (the “Broadcast Media”) in India,
which was a relatively nascent industry till fairly recently, (primarily due to Government
monopoly control on the broadcast sector), played its biggest role as guardian of the citizens
`right to freedom of speech and expression as guaranteed under Article 19 (1) (a) by the
Constitution of India. The freedom of speech and expression has inherent in it, the right to
receive information and ideas as well as the right to impart them. Hence, in order to ensure that
the free speech and expression goals are achieved, it is important for the State to implement,
positive and enabling legislation or guidelines to prevent domination, control and /or censorship
by a government or public authority.
Unfortunately successive Governments have failed to take positive measures to encourage and
promote the growth and development of television content in India free from Government
intervention in accordance with the specific directions of the Supreme Court in the 1995
“airwaves” case wherein the Hon’ble court said that “the broadcasting media should be
under the control of the public as distinct from the government”. In essence this meant
that the Government should refrain from controlling the content and programming of radio and
TV broadcasts, and an independent and autonomous body/organization/corporation with
adequate representation from the industry and public should oversee the functioning of the
media. The goal was to create world class content and programming by giving media the
freedom and scope for enhancing their creativity.
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Even after 15 years, an independent autonomous regulatory body continues to remain illusory.
In fact far from freeing the “airwaves” and ensuring that the broadcast medium is free from
government control and censorship, successive governments have instead many a time through
various versions of the Broadcast Bill, Convergence Bill, Cable TV Act & Rules and licensing
conditions attempted to do the exact opposite i.e. exert control over the Broadcast Media.
It has therefore been left to the efforts of the Broadcast Media to continue to resist any
Government, or quasi-Government attempt to censor media by invoking grounds such as
obscenity, morality, decency, public interest, race or religion. Here it is heartening to note that
the Indian judiciary has time and again come to the rescue of the Broadcast Media on the above
issues and has displayed maturity and reasonableness while evolving jurisprudence around the
subject of freedom of speech and expression in keeping with evolving contemporary standards
of society. The Supreme Court in the case of K.A.Abbas laid down the test for determining
obscenity, by holding the “test that would be applied to determine obscenity must be
judged by the standards of reasonable, strong and firm-minded men who possess
ordinary common sense and prudence and not by an out of the ordinary or hyper-
sensitive mind”. In the recent landmark case of Naz Foundation the Delhi High Court
recognized that “morals and standards of the society are continuously evolving and the
rights enshrined to a citizen of this country cannot be defeated by using an arbitrary
interpretation of public morality and decency”
In the absence of an independent and autonomous regulatory body, the Broadcast Media
stakeholders agree that it is the urgent need of the hour to expedite the implementation
of a Self Regulatory body to be set up and implemented by the IBF so that it functions as
an independent, autonomous organization, free from government intervention and free
from influence of any one or more organizations private or otherwise in order to provide
an enabling environment to facilitate creativity, promote viewpoint diversity and the
plurality of ideas.
In light of the above the IBF has adopted with suitable modifications the Ministry of Information
Broadcasting Self Regulation Guidelines for Broadcasting Sector draft version of 2008, which
has been formulated after a comprehensive consultative process by over 40 stakeholders from
across the Government, civil society, NGO‟s, Industry. These Self Regulation Guidelines
(Guidelines), Content Code & certification rules sets out principles, guidelines and ethical
practices, which shall guide the Broadcasting Service Provider (BSP) in offering their
programming services in India so as to conform to the Programme Code prescribed under the
Cable Television Networks (regulations) Act 1995, irrespective of the medium/platform used for
broadcasting of the programme.
1. These Guidelines have been drafted to introduce greater specificity and detail with a
view to facilitate self regulation by the broadcasting industry and minimize scope for
subjective decision by regulatory authorities or the broadcasting service providers. The
basic underlying principles of these Guidelines is that the responsibility of complying with
the provisions of the Certification Rules vests with the BSP.
2. The principles in these Guidelines are sought to be implemented at the first instance
through a self-regulatory mechanism of the BSP. Regulation by „forbearance‟, as present
in the telecommunications industry, shall guide the Broadcasting Content Complaints
Council (BCCC) whilst enforcing adherence by the BSP, with the guidelines. Such self-
regulatory mechanism shall be subject to a credible and time bound default/ grievance
redressal mechanism, which shall function under the guidance of the BCCC.
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3. The BCCC may offer general guidance on the interpretation of the Guidelines. However,
any such advice is given on the strict understanding that it will not affect its discretion to
judge cases and complaints after broadcast/transmission and will not affect the exercise
of its regulatory adjudicatory responsibilities. The BSP should seek its own legal advice
on any compliance issues that may arise.
4. As the Guidelines are based on self-regulation, these set out the factors, which should
be taken into account by the BSP when forming a view about the acceptability of any
programme.
5. These Guidelines do not profess to address every case that may arise. The BSP may
face a number of individual situations, which are not specifically referred to therein. The
principles, as outlined in the following sections, should make clear what the Guidelines
are designed to achieve and help the Service Provider make the necessary judgments.
6. The BSP has to adhere to the Certification Rules under the Cable Television Networks
(Regulation) Act, 1995, which are in addition and not in derogation of the Drugs and
Cosmetics Act 1940, the Emblems and Names (Prevention of Improper Use) Act, 1950,
the Drugs (Control) Act, 1950, the Drugs and Magic Remedies (Prevention of Improper
Use) Act, 1954, the Prevention of Food & Adulteration Act, 1954, the Prize Competitions
Act, 1995, the Indecent Representation of Women (Prohibition)Act, 1986, the Trade and
Merchandise Marks Act, 1999, the Copyright Act, 1957, The Prevention of Cruelty to
Animals Act, 1960 ….., The Cigarette and other Tobacco Products Act 2003, the
Cinematograph Act, 1952, the Consumer Protection Act, 1986, and such other existing
or new statutes, and Rules/Regulations/Guidelines framed there under from time,
relating to exhibition of films or broadcasting of programmes .
B. PRINCIPLES
1. Broadcasters are seized of the importance and the impact of broadcast media in the
lives of Indian citizens. While the debate is often raised about the impact of news on
society, it is the non-news and particularly the so called “entertainment” broadcast that
has a much deeper impact on the society primarily because of the aspect and the
manners in which it touches popular lives.
2. This is the moment of destiny for India and as broadcasters it falls upon us as much as
any other stakeholder to ensure that we reach out to touch the life of every Indian
without discrimination. Today broadcasters in India have a duty not only to communicate
but also to inspire, empower, embolden, encourage and include all members of Indian
society. This responsibility must be discharged with full commitment to preserving,
promoting and projecting the diversity of Indian culture.
3. To fulfill the goals stated above, the non-news broadcasters of India in conjunction with
the Indian Broadcasting Foundation („IBF‟) solemnly pledge to create, comply with and
be bound by the SELF REGULATORY GUIDELINES FOR ALL NON NEWS CHANNELS
as set out herein.
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4. Content by its very nature is an evolving, creative medium that is subjective in nature
and the guidelines can therefore not be frozen in time. They do therefore enshrine in
themselves a commitment from all signatories to a periodic review to align the guidelines
to evolving social mores, scientific developments, legal precedents and constitutional
obligations. The principles as outlined in the following sections, while not being
exhaustive and professing to address every situation that a broadcaster may face, are
designed to achieve and help the broadcaster make necessary judgment. While making
any such judgment, the broadcaster shall abide by the relevant laws of India as
applicable to television broadcasting.
5. The scope of the guidelines extends to all non-news broadcast programming that
appears on television, irrespective of the medium of transmission whether cable,
terrestrial, satellite, DTH, IPTV, Mobile or HITS or through any other platform now known
or developed in future.
6. By making broadcasters responsible to their peer group and by creating a forum for
transparent accountability to all stakeholders, these regulations are also aim to thwart
the veiled and ingenious designs of vested interest groups to covertly subjugate the
power of media to support their own agenda.
7. These Guidelines are intended to guide the BSP and are based on enduring principles;
that all programming should not mislead, cause offence, or lead to harm, particularly to
the vulnerable.
9. This section should be read in conjunction with Content Code & Certification Rules
hereunder;
b. Each BSP shall categorize each of their programs based on its theme,
subject-matter treatment, language and audio visuals presentation and slot it
accordingly. The BSP will ensure that all programmes broadcast are in
accordance with scheduling as per Certification Rules.
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c. The BSP should take reasonable steps to protect minors. The BSP should be
vigilant in gaining an understanding of how material shown on television
could impact the development of minors. Minors cover a wide age group and
levels of maturity. It is therefore necessary for the BSP to exercise judgment
on the capacity of minors in different age groups in coping with the depiction
and treatment of material, which may not be suitable for them.
e. By and large, the Certification Rules shall uniformly apply to all types of
BSPs.
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C. IBF’S CONTENT CODE & CERTIFICATION RULES 2011
CHAPTER – 1
Preliminary
Short title, extent and commencement. – This Code and Rules may be called the Indian
Broadcasting Foundation “Content Code & Certification Rules 2011 (hereinafter the IBF
Content Code 2011)”, as approved and adopted by the board of Indian Broadcasting
Foundation.
It shall extend to all general entertainment and non-news and current affairs television channels
operating in India.
It shall come into effect on the date as notified the by Board of the IBF.
Definitions -In this IBF Content Code, unless the context otherwise requires;
a. “Broadcaster or Broadcast Service provider (BSP)” means any person who provides
a content broadcasting service and includes a broadcasting network service provider
when he manages and operates his own television channel;
Subject matter treatment: the treatment given to the overall theme keeping in
view the `Likely impact” among viewers or listeners.
e. “Category ’G’ ” Programmes which are suitable for unrestricted viewing by all viewers
and/or under Parental Guidance.
“Category ’R’ ” means restricted programmes that are not meant for children and
young viewers.
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f. “Content” means any sound, text, data, picture (still or moving), other audio-visual
representation, signal or intelligence of any nature or any combination thereof which is
capable of being created, processed, stored, retrieved or communicated electronically;
“Content Code” means the IBF Content Code and Certification rules as prescribed
herein;
i. “Defamation” : It will have the same meaning as given in the Indian Penal Code (IPC)
or any amendments thereto or in any other law for the time being in force.
j. “Depiction of cruelty to animals” means any visual or auditory depiction, including any
photograph, motion-picture film, video recording, electronic image or sound recording, of
conduct in which a living animal is intentionally harmed, maimed, mutilated, tortured,
wounded or killed or any other such conduct that is illegal under the animal-protection
laws.
k. “Identifiable larger public interest” shall mean the subject matter treatment or audio
visual presentation of themes relating to social evils, gender or caste based issues,
criminal or disreputable behavior, protecting public health or safety; exposing misleading
claims made by individuals or organizations; or depicting significant incompetence or
corruption in public office for the larger public interest.
l. Libel”: A published (including broadcast) false statement with the intent to damage a
person‟s reputation; a written defamation.
(i) Any matter the purpose of which is related to entertain, educate or inform public or
(ii) Any sponsorship matter, whether or not of a commercial kind;
But does not include any matter that is wholly related to or connected with any private
communication.
o. “Prescribed” means prescribed by the IBF Content Code and /or the BCCC
p. “Slander”: The action or crime of intentionally and deliberately making a false spoken
statement damaging to a person‟s reputation
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q. “Suffering” shall mean and include physical or mental pain or distress or trauma
caused to a human being or an animal by mistreatment.
r. “Trophy” means the whole or any part of any captive animal or wild animal that has
been kept or preserved by any means, whether artificial or natural, and includes;
i. Rugs, skins and specimens of such animals mounted in whole or in part through
a process of taxidermy; and
ii. Antlers, horns, hair, feathers, nails, teeth, musks, eggs, nests rhinoceros horn.
s. “Violence” means any overt depiction of a credible threat of physical force or the actual
use of such force intended to physically harm an animate being or group of beings and
includes domestic violence and all kinds of sexual harassment and torture in word,
gesture or action. Violence also includes certain depictions of physically harmful
consequences against an animate being or group that occur as a result of unseen
violent means.
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CHAPTER - 2 : PROGRAMME CLASSIFICATION SYSTEM
1. Scheduling Rules
1. The BSP shall ensure that all Programmes are categorized and self certified by each BSP as
either (a) Category „“G”‟ Programmes which are suitable for unrestricted viewing by all viewers
and/or under Parental Guidance and (b) Category „R‟ Programmes which may not be suitable
for Children & Young viewers.
2. The BSP shall broadcast each category of programme in accordance with scheduling set
out below:
Provided that the BSP shall ensure that Category Restricted Access „R‟ programmes which may
not be suitable for Children & Young viewers will be edited in conformity with restrictions given
in the Categorization System.
3. Notwithstanding anything contained in any other rules or regulations in force for the time being,
the BSP shall obtain prior certification from the CBFC or any other authority as may be
authorized by the Central Government , for:
“All films (including foreign films, music videos, albums, trailers, promos, songs etc)”.
And shall broadcast them on television or radio only after such certification and shall
schedule them consistent with their certified categorization as above.
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CHAPTER – 3 : CATEGORISATION SYSTEM
Except in cases where preview and certification by the CBFC or any other-competent authority is
prescribed, all content i.e. every film, programme shall be self-certified by a Broadcasting Service
Provider (BSP) under any one of the categories on the basis of the subject matter treatment and
audio-visual presentation of various themes as may be prescribed from time to time. Each film,
programme shall be certified and given an overall categorization by the CBFC or the BSP or any
other competent authority, as the case may be It is mandatory that each programme is adjudged
„Generally Accessible‟ [Programmes for unrestricted viewing and/or under Parental Guidance] to
obtain overall „G‟ certification. Any content that violates the prescribed restrictions may be refused
certification by the CBFC or the BSP or any other competent authority for reasons to be recorded in
writing and after giving a reasonable opportunity to the applicant/content provider to explain his
position or make suitable modification in the content.
Unless the context otherwise requires by storyline/theme, all other content shall be categorized
in accordance with the following norms:
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PROGRAMME CATEGORIZATION SYSTEM
[“G” Programmes for unrestricted viewing and/or under Parental Guidance and “R”
Programmes which may not be suitable for Children & Young viewers]
Subject Matter Treatment: While the overall theme, storyline and characterization may justify
one or more specific scenes of crime or violence, the subject-matter treatment of such content
under all categories shall not:
1. Induce, incite, encourage, justify, reinforce or glorify violence or terror or its perpetrators or
contain anything against the maintenance of law and order or promote anti-national attitudes.
3. Incite violence against specific groups identified by race, national or ethnic origin, colour,
class, religion, gender, sexual orientation, age or mental or physical disabilities.
5. Endanger human lives or prejudice the success of attempts to deal with a hijack or “hostage”
or kidnapping crisis or a law & order situation or any other security-related or criminal
investigation.
8. Provide opportunities to copy the modus operandii of criminals and thereby encourage
commission of any offences or crimes.
Audio – Visual Presentation: The audio visuals presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included in respective categories below:
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Category “G” Category “R”
Programmes for unrestricted viewing Programmes which may not be suitable for
and/or under Parental Guidance Children & Young viewers
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Theme 2: Sex, Obscenity & Nudity
Subject Matter Treatment: While subjects of themes exploring human relationships may
include sexual relations, the subject-matter treatment of such content under all categories
shall not:
3. Present the figure of a woman, her form or body or any part thereof in such a way as to have
the effect of being indecent degrading or derogatory to woman or depict women as mere
objects or symbols of sexual desires or behavior.
Audio – Visual Presentation: The audio visual presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included in respective categories below:
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Category “G” Category “R”
Programmes for unrestricted viewing Programmes which may not be suitable for
and/or under Parental Guidance Children & Young viewers
a) Highly coarse language with explicit sexual a) Prolonged or frequent use of highly coarse
connotations. language or dialogues with explicit sexual
connotations.
b) Show nudity, with full exposure of lower
abdomen or sexual organs or posterior or full b) Show complete nudity with full exposure of
females breast/s. sexual organs or full female breast/s except
under exceptional circumstances such as
c) Show kissing on the lips or kissing or programmes featuring historical or dramatized
fondling of female breasts or human or events e.g. tribal ways of life, health
animal sexual organs. programmes or in restricted programming.
f) Show pornography
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Theme 3: Horror & Occult
Subject Matter Treatment: While subjects or themes dealing with exorcism, the occult, the
paranormal, divination, human or animal sacrifice or such other practices depicting horror may
be covered only in `R‟ category [programmes not suitable for Children & young viewers]
provided the storyline or the characters justify these and the subjects matter treatment does
not in any way:
2. Instill fear or revulsion about the consequences of not following such practices
4. Enable the viewer to emulate such practices or learn their details or sources.
Audio – Visual Presentation: The audio visual presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included in respective categories below:
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Theme 4: Drugs, Smoking, Tobacco, Solvents & alcohol
Subject Matter Treatment: While use of illegal or narcotic drugs or tobacco and tobacco
products or smoking, or the abuse or misuse of drugs, alcohol or solvents, may be shown only
under `R‟ category [programmes not suitable for Children & young viewers] if the theme,
storyline or the characters justify these, provided the subject-matter treatment shall not in any
way:
2. Enable the viewers to learn and emulate various ways of their abuse or misuse
3. Omit to highlight their ill effects on personal health or social behavior or criminal tendencies
Note : Depiction of public health messages or programs on de-addiction shall not be governed
by the above restrictions.
Audio – Visual Presentation: The audio visual presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included in respective categories below:
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Theme 5: Religion & Community
Subject Matter Treatment: The subject-matter treatment of any program under all categories
shall not in any manner:
2. Incite disharmony, animosity, conflict, hatred or ill will between different religious, racial,
linguistic groups, castes or communities.
3. Counsel, plead, advise, appeal or provoke any person to destroy, damage or defile any
place of worship or any object held sacred by any religious groups or class of persons.
4. Proselytize any particular religion as the `only‟ or `true‟ religion or faith or provoke, appeal,
advise, implore or counsel any person to change his religion or faith.
5. Play on fear of explicit or implicit adverse consequences of not being religious or not
subscribing to a particular faith or belief.
Audio – Visual Presentation: The audio visual presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included under all categories (“G” Programmes for unrestricted viewing and/or under Parental
Guidance or “R” Programmes not suitable for children & young viewers)
a) Distort or demean or depict in a derogatory manner the physical attributes or social customs
and practices of any ethnic, linguistic, religious groups or any caste or communities.
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Theme 6: Harm & Offence
Subject Matter Treatment: The subject-matter treatment of any program under all categories
shall not in any manner:
1. Create public panic or unnecessary alarm, which is likely to encourage or incite the public to
crime or lead to disorder or be offensive to public feeling.
3. Encourage superstition about the causes of mental illness or stigmatize the mentally sick as
violent or dangerous.
5. Disclose the location of a person‟s home or family without permission, unless it is warranted
6. Question minors about private matters without the consent of a parent or legal guardian
unless it is warranted to proceed without such consent for an identifiable larger public interest.
8. Portray women as primarily driven by sexual impulses or the female body or form as an
object of sexual exploitation.
9. Promote, glorify or justify social evils such as child marriage, dowry, bigamy, son preference,
etc.
10. Glamorize, promote, encourage such activities & sports, which encourage ecological
imbalance and hurt animals.
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Audio – Visual Presentation: The audio visual presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included under “G” Programmes for unrestricted viewing and/or under Parental Guidance and
“R” Programmes not suitable for children & young viewers categories below:
b) Depict mentally challenged people as more violent or dangerous than the common persons.
d) Portray by gestures or expressions or words or images that women are primarily driven by
sexual impulses or that the female body or form is an object of sexual exploitation.
e) Reveal the identity of an individual or his family or location of his home or fail to protect the
privacy of his personal or private activities by failing to use suitable techniques such as
masking blurring, changing names or identities etc., particularly in the cases of minors, victims
of sexual violence or dreaded diseases like HIV/AIDS or natural or other disasters unless there
is an identifiable larger public interest involved.
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Theme 7: General Restrictions
Subject Matter Treatment: The subject-matter treatment of any program under all categories
shall not in any manner:
5. Affect the integrity of the country or jeopardize or endanger the security of the State
Audio – Visual Presentation: The audio visual presentation of any content will be given in a
responsible and aesthetic manner, subject to the condition that the following shall not be
included in all categories (“G” Programmes for unrestricted viewing and/or under Parental
Guidance or ”R” Programmes not suitable for Children & young viewers) below:
a) Distort or demean or depict national emblem or symbols or national geographical
boundaries in a derogatory manner deliberately.
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