NEW DELHI: Even as the News Broadcasters Association (NBA) described the decision of non-renewal of licence in the cast of five or more violations as arbitrary and unconstitutional, the Information and Broadcasting Ministry expressed surprise at the strong reaction.

Ministry sources said that the Government?s view in this regard had been conveyed to the Telecom Regulatory Authority of India last year and it had also been placed on the Ministry?s website. Simultaneously, Trai had also placed these views on its website.

Thus Ministry sources wondered why none of the stakeholders had made known their objections, although wide publicity had been given to the Government?s views on Trai?s recommendations.

Furthermore, the sources told indiantelevision.com that the purpose of the proposal had been completely misunderstood.

Under the Guidelines prior to the Cabinet?s approval of the amendments, any channel could be asked to go off air up to a maximum of 30 days on first violation, and 60 days on second violation, and face cancellation of licence on third violation. The sources said the Government had never acted harshly and no channel had been asked to go off air for more than 15 days.

As the first decade of private satellite television had come to an end and the channels were to seek renewal, the Ministry had asked Trai to revisit the Uplinking and Downlinking Guidelines. The approval by the Cabinet said the Ministry may or can refuse to renew the licence of a channel which had been found guilty on five or more occasions of violations of the Programme and Advertisement Codes.

Meanwhile, the NBA said there "cannot be any power vested in the Information and Broadcasting Ministry to cancel" or "refuse to renew" a broadcaster?s licence on their subjective view that a television channel has violated the terms of the Uplinking and Downlinking Guidelines or the provisions of the Cable Television Networks (Regulation) Act 1995.

Describing the Government?s amendments to the Guidelines as "a direct assault on the self regulatory regime put in place by broadcasters", the NBA which is the apex body of TV news broadcasters said there is no such requirement under the existing Uplinking & Downlinking Guidelines for renewal .

The self-regulatory regime had, in fact, been encouraged and recognised by the Ministry. The proposed step, therefore, "is wholly retrograde and places broadcasters at the arbitrary mercy of the Ministry; and is therefore a violation of the constitutional right to freedom of speech and expression and will not be countenanced by the NBA".

In a statement, NBA noted with regret that the Cabinet had ?purportedly approved certain modifications? to the Guidelines including one which provides for non-renewal of licence of a TV channel found "guilty" of violating the terms and conditions of permission including violations of the Programme and Advertisement Codes on five or more occasions.

The statement noted that proceedings following the Show Cause notices issued by the Ministry to broadcasters on various counts have ?been conducted internally within the Ministry and never has been in the nature of adjudication.?

"Be that as it may, certain other broadcasters have complied with directions issued by the Ministry for running apologies and even shutting down their channels for certain periods of time. To now retrospectively use such proceedings to deny permission to broadcast for future is wholly arbitrary, illegal and unconstitutional".

Placing on record its ?deep anguish to such amendments to the Guidelines, the NBA urged the Government to urgently review the "regressive decision which would be anathema to the constitutional framework of our country."

NBA is seeking an urgent appointment with Minister Ambika Soni to explain and clarify the Association?s concerns, the statement said.