PRASAR BHARATI AS A STATE BROADCASTER VS PUBLIC SERVICE BROADCASTER

Why In News?

Experts argue that Prasar Bharati fails to function as a true public service broadcaster because it operates under tight government leash rather than as an independent public utility.

What is Prasar Bharati?

Prasar Bharati is India's official public service broadcasting corporation, created under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 and formally brought into existence in November 1997.

• It unifies Akashvani (All India Radio) and Doordarshan (DD), both of which were previously departmentally run media units of the Ministry of Information and Broadcasting (MIB).

Under Section 12 of the 1990 Act, its primary purpose is to organize public broadcasting services that inform, educate, and entertain citizens, gather objective news rather than propaganda, and serve as a non-commercial counter-weight to profit-driven commercial channels.

Grounded in Article 19(1)(a) (Freedom of Speech and Expression), its statutory mandate aligns with the Supreme Court ruling in the Ministry of Information and Broadcasting v. Cricket Association of Bengal (1995), which established that airwaves are public property and broadcasting must remain free from state control or government monopoly.

General superintendence, direction, and management are vested in the statutory Prasar Bharati Board, comprising a Chairman, Executive Member (CEO), Member (Finance), Member (Personnel), six part-time members, the Directors-General of Akashvani and Doordarshan, an MIB nominee, and employee representatives.

How Did Broadcast Autonomy Evolve in Post-Independence India?

Direct State Monopoly (1947–1960s): Following independence, All India Radio (AIR) and later Doordarshan operated strictly as government departments under the direct administrative control of the Ministry of Information and Broadcasting.

Ashok Chanda Committee (1964–1966): Made the first formal recommendation to convert AIR and Doordarshan into autonomous statutory corporations to improve efficiency and credibility, though its report was subsequently shelved.

Emergency Catalyst & B.G. Verghese Committee (1977–1978): After state media was widely weaponized for political propaganda during the Internal Emergency (1975–1977), the Janata Party government appointed the B.G. Verghese Committee. In 1978, the panel recommended establishing an independent autonomous public trust called Akash Bharati (National Broadcast Trust).

1979 Bill & P.C. Joshi Committee (1982): Information Minister L.K. Advani introduced the initial Prasar Bharati Bill in 1979, which lapsed when the government collapsed. 

• In 1982, the P.C. Joshi Committee highlighted functional bottlenecks in Doordarshan and suggested reorganizing MIB with a professional Railway Board style structure.

Enactment of the 1990 Act: In 1989, the National Front government under Prime Minister V.P. Singh introduced a revised bill, leading to the passage of the Prasar Bharati Act, 1990 (presidential assent in September 1990), though its implementation remained stalled for years.

Vardan Committee (1992) & Private Entry: The K.A. Vardan Committee recommended leasing out Doordarshan's second channel and FM slots to private producers as satellite TV channels began entering India.

The Supreme Court's 1995 judgment in the Ministry of Information and Broadcasting vs Cricket Association of Bengal ruled that airwaves are public property and declared broadcasting autonomy essential to free speech. 

• Spurred by this judicial directive and private satellite competition, the Prasar Bharati Act was officially notified, establishing the corporation in1997.

Recent Debates over Prasar Bharati's Autonomy

Statutory Executive Directives: Section 23 of the Prasar Bharati Act, 1990 gives the Central Government statutory power to issue binding directions on broadcasts regarding state security, sovereignty, or public order, creating a legal route for executive control.

Administrative Subordination: Under Section 32 and the Section 33(2), Prasar Bharati cannot frame service conditions, recruitment rules, or administrative regulations for its employees without prior approval from the Ministry of Information and Broadcasting.

Fiscal Dependency: The broadcaster relies heavily on annual government grants-in-aid to cover 40% to 90% of its operational expenses, requiring ministry sanction for financial outlays and capital projects.

Deemed Deputation Trap (2012 Amendments): Statutory amendments made in 2012 to Section 11 placed over 90% of full-time employees on 'deemed deputation' as government servants, leaving the Prasar Bharati Board without power over pay scales, recruitment, or major disciplinary removals.

Dysfunctional Oversight Mechanisms: Statutory Broadcasting Council under Section 14 to receive public complaints regarding editorial bias or unfairness has remained non-functional, leaving no independent tribunal to protect editorial neutrality.

Way Forward

Legal Reforms: Amend Section 23 to limit executive directions strictly to formally declared national emergencies subject to parliamentary review. 

• Amend Section 32 and Section 33(2) to grant the Prasar Bharati Board complete authority to set employee service rules and recruitment regulations independently.

Implement Sam Pitroda Expert Committee (2014) Roadmap:

• Reorient Prasar Bharati into a "genuine public broadcaster" rather than a "government broadcaster".

• Increase funding allocation for content generation to 50% of total expenditure within 5 to 7 years.

• Phase out obsolete analog terrestrial transmitters and adopt Direct-To-Home (DTH) transmission as the primary delivery mode.

• Set up Prasar Bharati Connect (PBC) as an independent digital third arm to manage web portals, social media, and digital content.

Non-Lapsable Statutory Funding: Shift from discretionary annual ministry grants to a multi-year non-lapsable public service grant directly approved by Parliament, while monetizing audio-visual archives and real estate assets to enhance financial self-reliance.

HR Restructuring & Talent Acquisition: Activate the statutory Recruitment Board under Section 10 to recruit creative talent directly, and offer employees on deemed deputation a clear option between permanent absorption or repatriation to government departments.

Digital First & Global Benchmarking: Expand digital distribution via platforms like the WAVES OTT app, and benchmark governance and editorial firewalls against global public service models such as the BBC Royal Charter (UK) and Deutsche Welle (Germany).

Conclusion

Transforming Prasar Bharati into a genuinely independent, financially self-sustaining public broadcaster is essential to protect constitutional free speech under Article 19(1)(a) and ensure editorial credibility in India's media landscape.

Source: THEHINDU