M.
Gautham Machaiah
Commercial
breaks on Indian television channels have been capped at 12 minutes or 20 per
cent per clock hour. However, no such regulation has been imposed on newspapers
where often 70 per cent of the main edition is consumed by advertisements.
The 12-minute
restriction was imposed by the Telecom Regulatory Authority of India (TRAI)
through the “Standards of Quality of Service (Duration of Advertisements in
Television Channels) Regulations 2012, with a view to enhancing the television viewing experience
of the consumers.
TRAI has observed that the duration of
advertisements, their placement within or in-between the programmes and their
frequency of occurrence, is closely related to the quality of viewing
experience of the consumers. “The quality of viewing experience of the
consumers is akin to the quality of service provided by telecom service
providers to the consumers.”
Does the same principle not apply to newspaper
readers too? Is their reading experience not related to the volume or placement
of advertisements? Today, news articles have been edged out by advertisements.
The entire front page of the newspaper has been replaced with advertisements,
which not long ago was considered a sacrilege. Advertisements pop out from the
middle of news stories. News has been jostled out by commercials. Newspapers
have broken every convention with impunity.
So, how
did the newspapers manage to escape the stick?
In the case of television, TRAI’s regulation is
inspired by the Cable Television Networks Rules 1994, which prescribe that no
programme shall carry advertisements exceeding 12 minutes per hour, which may
include up to 10 minutes per hour of commercial advertisements, and up to two
minutes per hour of a channel’s self-promotional programmes. No such
rules have been prescribed by the government in the case of newspapers. On the
other hand, the print media is protected by some Supreme Court judgments which
have stated that the restriction on advertisement space in the newspapers would
lead to reduction in its revenue which is in violation of Article 19(1) (a) of
the Constitution, that is, The Right to Freedom of Speech and Expression.
Though the Supreme Court has rightly observed
that “consumer interest cannot be the only relevant factor for framing a
regulation”, this should not lead to the reader being sacrificed at the altar
of capitalist media barons. It is thus imperative that certain reasonable
restrictions are imposed on the volume and placement of advertisements in
newspapers on the lines of television to protect the interests of the readers while
at the same time safeguarding the independence of the media.
While
advertisements cannot be wished away, it is time to restore the restore the
primacy of news in newspapers.
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