An Act Of Freedom

THE government seems to have finally got its Act right. After several false starts and aborted take-offs, Doordarshan and All India Radio (AIR) are poised to zoom into the era of genuine autonomy. The sweeping amendments to the Prasar Bharati Act 1990—effected through an ordinance promulgated last week—are clearly in response to the persistent misgivings of many media experts about the efficacy of the historic piece of legislation. "The changes are all on the side of strengthening autonomy and improving the efficiency of Prasar Bharati," grants veteran media expert B.G. Verghese.

The most welcome amendment, says Verghese, is the abolition of the 22-member parliamentary committee to oversee the activities of the Corporation as well as the broadcasting council that was to have been set up to serve as a complaints body. "I've taken scrupulous note of the in-depth and well-meaning criticisms directed at the principal Act," says I&B minister Jaipal Reddy.

The result is the amended Prasar Bharati Act, which promises to almost completely eliminate government interference in the functioning of DD and AIR. The 'untidy' structure that the original Act would have created is now an impossibility with most real functional powers vested in the board of the Prasar Bharati Corporation, headed by a chairman to be selected by a specially appointed committee. Says Reddy: "I wasn't comfortable with the word 'oversee'. It has an overawing quality." So out went the 22-member parliamentary committee. "This panel would have been an absolute super-fluity because Parliament already has an I&B ministry-related standing committee which can play the same role," he says.

Verghese, who was among the most vocal critics of the 'flawed' Act notified on July 22, now has reason to describe it as a major step forward. Press Council chairman P.B. Sawant, too, hailed it "wholeheartedly". It is not difficult to see why: Reddy's Act of courage delivers on all the promises that the UF government had made regarding the freeing of DD and AIR. "The role of the government has been reduced to the bare minimum," says Reddy. "The ministry will be allowed only one nominee on the 15-member board and his job will be limited to facilitating coordination between the Prasar Bharati Corporation and the government." In a number of other crucial respects, the government's powers vis-a-vis the national broadcasters have been curtailed. The executive director (finance) and the executive director (personnel), who will now be ex-officio members of the board instead of full-time functionaries nominated by the government, will be appointed by the Prasar Bharati Corporation. "This," says Reddy, "will ensure a proper chain of command in the organisation." Moreover, the amended Act takes away the government's authority to send officials on deputation to the Prasar Bharati Corporation and transfers it to the board.

The government has also been relieved of the power to determine volume of commercial time and ad rates. Another significant amendment pertains to the transfer of DD and AIR's assets to the Prasar Bharati Corporation. The assets will be on perpetual lease to the Corporation on a fee of one rupee per annum, instead of being treated as capital provided by the government. "Otherwise some day, some government may convert the capital into equity," explains Reddy.

The government will, however, retain the right to issue specific instructions to the Prasar Bharati board whenever it is deemed necessary. Both Reddy and independent experts allay the fears that this might constitute a danger to the autonomy of the Prasar Bharati Corporation. "The government will only issue broad policy directives and they will always be transparent," says the minister. "This is desirable," says Verghese. "Checks are necessary as freedom cannot be allowed to become licence. If a Supreme Court judge or the chief election commissioner can be impeached, why can't the Prasar Bharati board chairman?"

 So, with everything firmly in place, when will the third member of the selection committee be nominated by the President? "Within the next few days," says Reddy. The delay was only because the government was in the process of removing the anomalies in the Act and promulgating the requisite amendments, he says. The other two members of the committee that will choose the board chairman and its executive member are the Vice President and the Press Council chairman.

Now that the air has been cleared and the Act been cleaned up, DD and AIR could well ascend to a comfortable cruising altitude on the airwaves.