FICCI : Industry's Voice for Policy Change

Former Star-Disney India chief and FICCI President Uday Shankar has suggested that the broadcasters should get out of Broadcasters Audience Research Council (BARC) for all the shame that it has brought to the industry. Shankar, who played a key role in setting up BARC, has also said that the audience measurement body has been a huge letdown.

"I played a key role in bringing down TAM and setting up BARC. I think BARC has been a huge letdown but I don't think it was a letdown because broadcasters, agencies, and advertisers were stakeholders in this. It was a letdown because we did not have a vision that was in tune with the possibilities of the 21st Century," Shankar told Madison Media & OOH Partner and Group CEO Vikram Sakhuja in a fireside chat after the unveiling of Pitch Madison Advertising Report 2021.

"The controversy that just involvement in BARC has created for broadcasters they should just get out of that, it's not worth it. It is not worth it for all the suggestions of impropriety that broadcasters have faced. By and large, broadcasters are clean business people and they have done a good job of serving their customers," he further stated.

When Sakhuja asked Shankar whether broadcasters should be kept out of the measurement system, the latter shot back by saying that keeping one or the other stakeholder out will not serve any purpose. He also stated that the proclivity to distort the system will remain the same irrespective of who is involved in the measurement system. "Who owns it I am totally indifferent to that," Shankar retorted.

Shankar also said that he is not in favour of a third-party measurement. "I am not in favour of this third-party measurement structure because look at the kind of distortion and anomalies we have created in this country. It is almost alarming if not dangerous if you see what is happening in the name of data."

Without getting into the TRP scam controversy, Shankar said that the unhealthy obsession for ratings has led to this degradation. "This whole current controversy without going too far into that. The whole degradation that we are seeing whether it is in the news or other controversy is on account of our unhealthy obsession with ratings."

Ratings, he said, are a business tool for engagement between media owners and media buyers. "We need a currency so that you know what you are getting for what I am selling. Over the years, we have turned this into a measurement of our machismo. The rating success became a be-all and end-all not of your business existence but your entire existence and that is unhealthy and that has led to sometimes tactical and sometimes distorted and corrupt practices and inadequate focus on the long health and strategy of the business."

Everything Experiential | Jan 13, 2021

67% creative economy workforce uncertain about surviving beyond 2021: Report

The British Council, FICCI and Art X Company jointly launched the second edition of the Taking the Temperature report on the deepening impact of the Covid-19 pandemic on India’s creative economy. The report that tries to understand the economic state and sentiment of the creative sector workforce and artists, underlines the continued uncertainty in the creative sector and poses a risk to its long-term survival if emergency action is not taken.

The second edition of the Taking the Temperature report provides a comparison of the situation in India since the outbreak of Covid-19, the consequent national lockdown (March-June) and the period following the relaxation of the lockdown (July-October). Despite the relaxations and opening up of the economy, income streams for the creative workforce remain inconsistent and sporadic, pointing towards a bleak outlook for India’s informal creative economy.

Key findings of the report:

67% of surveyed respondents are uncertain that they can survive for more than a year with current resources and funding.
Individual professionals and artisans are facing short-term hand-to-mouth existence even as sectors are adapting to digital and live business models to stay afloat.
90% of the sector fears the long-term impact of social distancing on the creative economy, an increase of 4% from the previous survey.
The creative economy is contracting with 16% of the creative sector facing permanent closure.
Organisations are closing permanently to avoid bankruptcy. 22% of the sector is forecast to lose more than 75% of annual income.
26% of arts businesses fear they will not be able to continue in the last two quarters of 2020-2021.
Creative businesses are contending with increasingly difficult choices to remain resilient.
Some of the workforces are leaving the creative economy and changing careers.

In view of the findings and the feedback from the creative industry workforce and stakeholders, the report makes the following recommendations:

Collaborative emergency action through investments by governments and corporates
Strengthening of the creative economy for India's international competitive advantage by recognising the cultural and creative sector as an integral part of the social and economic recovery plan
Establishing creative economy networks of artists, artisans, and culture organisations to develop the sector for pooling resources and mutual support

Jonathan Kennedy, Director Arts India, British Council, said, "Since March 2020, the British Council has worked with partners to understand and address the impact of COVID-19 on India’s creative economy. Through in-depth surveying, the Taking the Temperature reports draw comparisons, developments, and changes for the creative economy since the outbreak of the pandemic in March 2020. While the first report helped to understand the immediate impact of COVID-19 on the creative economy; the second report reveals the diminished economic conditions that creative organisations and artists are now faced with. With a greater understanding of the condition of the artists. The report makes recommendations necessary to sustain and keep alive India’s creative economy. As the world over the Taking the Temperature Report confirms the serious depth of the current contraction on the creative economy in India which echoes the global economic recession precipitated by the pandemic. "

Rashmi Dhanwani, Founder-Director, The Art X Company said, "It is clear the creative organisations and artists who have explored new possibilities of culture making in the digital space have come out stronger during the pandemic. The report emphasises the importance of digital entrepreneurship within the creative economy and its vital role in reorganising and rebuilding creative endeavours which were limited to the offline space before. But there is a gap in levels of digital literacy within the creative community and governments as well as corporates must step up to close this gap so that the sector is ready for future uncertainties. However, we must also recognise that despite adapting to hybrid live and digital models, some sectors in the creative industries will remain reliant on face-to-face audience interaction to generate income in the long term."

Sanjoy Roy Co-chair, Creative and Cultural Industries, FICCI said, "The Covid-19 pandemic's impact has been felt in MSMEs, the backbone of India's economy. Creative MSMEs work with limited resources and minimal infrastructure for survival. Without the safety nets and policy-level intervention, their revival is challenging and may take longer than anticipated earlier. While some state governments have provided emergency grants for relief to artists and cultural organisations in India, key segments of the creative sector have not benefited as most are part of the informal economy. The report casts an informed lens on the sectors and particular nature of policy-intervention they can benefit from. For sustainable progress of these segments, robust creative and collaborative networks need to be forged."

India Education Diary | Jan 12, 2021

67% creative economy workforce and artists uncertain about surviving beyond 2021 with current resources (Taking the Temperature Report)

The British Council, FICCI and Art X Company today jointly launched the second edition of the Taking the Temperature report on the deepening impact of the Covid-19 pandemic on India’s creative economy. The report that tries to understand the economic state and sentiment of the creative sector workforce and artists, underlines the continued uncertainty in the creative sector and poses a risk to its long-term survival if emergency action is not taken.

The second edition of the Taking the Temperature report provides a comparison of the situation in India since the outbreak of Covid-19, the consequent national lockdown (March-June) and the period following the relaxation of the lockdown (July-October). Despite the relaxations and opening up of the economy, income streams for the creative workforce remain inconsistent and sporadic, pointing towards a bleak outlook for India’s informal creative economy.

Key findings of the report:

67% of surveyed respondents are uncertain that they can survive for more than a year with current resources and funding.
Individual professionals and artisans are facing short-term hand-to-mouth existence even as sectors are adapting to digital and live business models to stay afloat.
90% of the sector fears the long-term impact of social distancing on the creative economy, an increase of 4% from the previous survey.
The creative economy is contracting with 16% of the creative sector facing permanent closure.
Organisations are closing permanently to avoid bankruptcy. 22% of the sector is forecast to lose more than 75% of annual income.
26% of arts businesses fear they will not be able to continue in the last two quarters of 2020-2021.
Creative businesses are contending with increasingly difficult choices to remain resilient.
Some of the workforces are leaving the creative economy and changing careers.

In view of the findings and the feedback from the creative industry workforce and stakeholders, the report makes the following recommendations:

Collaborative emergency action through investments by governments and corporates
Strengthening of the creative economy for India’s international competitive advantage by recognising the cultural and creative sector as an integral part of the social and economic recovery plan
Establishing creative economy networks of artists, artisans, and culture organisations to develop the sector for pooling resources and mutual support

Jonathan Kennedy, Director Arts India, British Council, said, “Since March 2020, the British Council has worked with partners to understand and address the impact of COVID-19 on India’s creative economy. Through in-depth surveying, the Taking the Temperature reports draw comparisons, developments, and changes for the creative economy since the outbreak of the pandemic in March 2020. While the first report helped to understand the immediate impact of COVID-19 on the creative economy; the second report reveals the diminished economic conditions that creative organisations and artists are now faced with. With a greater understanding of the condition of the artists. The report makes recommendations necessary to sustain and keep alive India’s creative economy. As the world over the Taking the Temperature Report confirms the serious depth of the current contraction on the creative economy in India which echoes the global economic recession precipitated by the pandemic. “

Rashmi Dhanwani, Founder-Director, The Art X Company said, “It is clear the creative organisations and artists who have explored new possibilities of culture making in the digital space have come out stronger during the pandemic. The report emphasises the importance of digital entrepreneurship within the creative economy and its vital role in reorganising and rebuilding creative endeavours which were limited to the offline space before. But there is a gap in levels of digital literacy within the creative community and governments as well as corporates must step up to close this gap so that the sector is ready for future uncertainties. However, we must also recognise that despite adapting to hybrid live and digital models, some sectors in the creative industries will remain reliant on face-to-face audience interaction to generate income in the long term.”

Sanjoy Roy Co-chair, Creative and Cultural Industries, FICCI said, “The Covid-19 pandemic’s impact has been felt in MSMEs, the backbone of India’s economy. Creative MSMEs work with limited resources and minimal infrastructure for survival. Without the safety nets and policy-level intervention, their revival is challenging and may take longer than anticipated earlier. While some state governments have provided emergency grants for relief to artists and cultural organisations in India, key segments of the creative sector have not benefited as most are part of the informal economy. The report casts an informed lens on the sectors and particular nature of policy-intervention they can benefit from. For sustainable progress of these segments, robust creative and collaborative networks need to be forged.”

Medianama | Nov 27, 2020

Justice Prathiba M Singh calls for adjudicatory mechanism for streaming services, broadcasters

Financial Express | Nov 26, 2020

OTT industry to draft a tool kit to implement self-regulation code

The over-the-top (OTT) industry and the Internet and Mobile Association of India (IAMAI) have joined hands to draft an implementation tool kit that will detail the manner in which a proposed self-regulation code for video on demand services will be applicable. The move comes after the government conveyed that the self-regulation code, curated by the IAMAI and adopted by nearly 15 OTT players, did not clearly specify the way it will be implemented.

“We did share the self-regulation code with the government but they came back with some feedback. There are some minor or major implementation issues which they want us to tackle and which the industry in its implementation code (tool kit) is working towards,” said Tarun Katial, outgoing CEO of Zee5 India and chairman of IAMAI’s digital entertainment committee. Industry executives are hopeful that the process of framing the tool kit will soon be completed. “We are assuming that by moving the adjudicating ministry to I&B, there is going to be regulation. There is nowhere that the ministry has ever said that they plan to bring in any sort of regulation. They have also been supportive of content diversity,” Katial said while speaking at a FICCI event on Wednesday.

Earlier this month, the government brought OTT platforms like Netflix, Amazon Prime Video, Disney+Hotstar under the Ministry of Information and Broadcasting by amending the rules of business allocation. Though this does not imply that digital content will now be regulated by the I&B ministry as is the case with films released in theatres and TV programmes, it is now empowered to draw up rules in this regard.

The self-regulation code issued by the IAMAI had mandated each OCCP (online curated content provider) to set-up a Consumer Complaints Department and/or an internal committee as well as an advisory panel to deal with complaints, appeals and escalations. However, the government was not satisfied and had directed IAMAI to consider other regulatory models. The government was of the view that the code lacked independent third-party monitoring. Besides, it does not have a well-defined code of ethics and fails to enunciate prohibited content adequately.

The IAMAI was advised to take cue from the structures of the Broadcasting Content Complaints Council (BCCC) and News Broadcasting Standards Authority (NBSA). “If the government is satisfied that the industry in itself has a good self-regulation code, their position in courts becomes that much more tenable,” Katial said.

In contrast to OTTs, movies that are released in theatres are under regulation and need to have a certificate from the Central Board of Film Certification under the Cinematograph Act, 1952. Similarly, TV serials etc are governed under the Cable Television Network (Regulation) Act, 1995, which lays down a programming code by way of dos and dont’s.

India Education Diary | Nov 26, 2020

Media, content creators should involve adjudicatory mechanisms to remain free and fair: Justice Pratibha M Singh, Delhi High Court

Justice Pratibha M Singh, Judge, Delhi High Court today said that the convergence of free to air broadcasting; pay television; DTR to OTT, shows that there is a need for the creation of an independent adjudicatory mechanism, which is not consisting of functionaries or broadcasters, in order to reign credibility, transparency and fairness. The same, she said, could be under the aegis of an independent service provider.

Addressing the Fast Track Digital series, as a part of the FICCI Knowledge Series, on the role of the digital economy to revitalize economic growth organized by FICCI, Justice Singh said, “If media and content creators have to remain free and fair they ought to involve free and fair adjudicatory mechanisms, which are not coercive in nature.”

Elaborating further, Justice Singh said that apart from the creation of independent regulatory mechanisms, there needs to be a method where broadcasters are a part of the adjudicatory mechanisms to ensure the code of conduct is compulsorily applicable to all broadcasters without exception. “OTT and VoD platforms and other creative content providers should also be a part of this mechanism. Such a system would also protect and preserve the rights guaranteed under the Constitution of India by effectively providing for reasonable restrictions. This would also minimize the need for legislative and judicial interference in issues relating to content,” she added.

Commenting on the rise of the OTT and VoD platforms in the country, Justice Singh said that while the pandemic brought everything to a standstill, it proved to be the silver lining for the OTT and VoD platforms that have seen an exponential rise in the last six to eight months.

The broadcasting industry in India, where creative content has had a large amount of space for itself has been able to generate a large amount of revenues for producers and content creators. The challenges, said Justice Singh, for the OTT and VoD platforms, has just begun. “While there can be no specific solution to the issues currently being faced by the broadcasters in general and digital platforms in particular, I would comment that inspiration should be taken from other self-regulatory or independent redressal mechanisms, which can be used as models for OTT and VoD and broadcaster platforms in general,” she further added.

Ms Belinda Lui, President & Managing Director, Asia Pacific, Motion Picture Association said that the growth of the OTT and VoD sector in India highlights that audiences are responding well to the content offering. “Audiences across the globe have developed a new appreciation for Indian stories and culture. The incredible dynamic culture led by the VoD industry has helped develop a very high standard of storytelling,” she said.

“India has been adding 8.6 million new connections on average every month. Our work to protect the copyright that protects all work through every form of distribution channel will not stop,” Ms Lui added.

Dr Ashish Kulkarni, Founder, Punnaryug Artvision Pvt Ltd, said, “We have seen a huge growth in the digital payment segment, sports, and gaming ecosystem along with a growth in the start-up ecosystem in the space of digital and social media.”

Mr Dilip Chenoy, Secretary General, FICCI, said, “We need a proper approach to enable the entire digital ecosystem to set in a manner that all stakeholders are satisfied.”

Live Mint | Nov 25, 2020

Media, content creators await standard regulations for OTT

Streaming platform executives and content creators in India hope that bringing digital news and OTT (over-the-top) services under the ambit of the Ministry of Information and Broadcasting will not mean censorship of any form of creative expression.

Earlier this month, with a gazette notification signed by the President, the digital audio-visual content, including films and web shows on over-the-top (OTT) streaming platforms, as well as news and current affairs on online platforms came under the purview of the ministry of information and broadcasting.

Speaking at Fast Track Digital, a knowledge series organised by FICCI, Tarun Katial, CEO at ZEE5 said “A lot of people are assuming this will mean regulation by the ministry but the MIB has always made public statements on how it believes in self-regulation by platforms. It has been supportive of diversity of content unless it borders on pornography."

Katial was speaking at the session on Digital Content Regulation: Learning from Best Global Practices.

Karan Bedi, CEO, MX Player said the right way forward would be to create a framework of standard practices that would be common to all platforms and settle on a denominator acceptable to all. It is equally important for audiences to be aware of these definitions, streaming executives said. For instance, not too many people currently know the difference between U (suitable for all age groups) and U/A (requiring parental guidance for children below the age of 12) certification.

“It’s only a matter of time before we come up with these standards," Bedi said.

Speaking at another session, Justice Pratibha M Singh, judge at the Delhi High Court said that the convergence of free-to-air broadcasting, pay television, DTR to OTT, shows that there is a need for the creation of an independent adjudicatory mechanism.

"If media and content creators have to remain free and fair, they ought to involve free and fair adjudicatory mechanisms, which are not coercive in nature," Justice Singh said adding that there also needs to be a method where broadcasters are a part of the adjudicatory mechanisms to ensure the code of conduct is compulsorily applicable to all broadcasters without exception.

“OTT and VoD platforms and other creative content providers should also be a part of this mechanism. Such a system would also protect and preserve the rights guaranteed under the Constitution of India by effectively providing for reasonable restrictions. This would also minimize the need for legislative and judicial interference in issues relating to content," she added.

According to a survey by British market research and data analytics firm YouGov, nearly two-thirds (64%) of urban Indians support (either strongly or somewhat) the government’s decision of bringing digital content including films, web series as well as online news under the ambit of the MIB.

Only a small number (13%) said they oppose this move, while 22% are unsure of their decision. Majority feel online content includes a lot of inappropriate content for children (56%). Many find depiction of violence and bloodshed (48%) and nudity and strong language (44%) in certain kinds of content concerning.

However, many expect gloomy outcomes such as restriction of access to the global or niche content (31%), increase in piracy of movies or series (23%), decrease in the viewership and deterioration of the quality of content (20% each). The survey was conducted online among around 1001 respondents in India in November.

Spirit of Mumbai | Nov 25, 2020