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Ministry
of Information and Broadcasting is the nodal Ministry
for formulation of policies on foreign investment
in broadcasting, film, print and advertising sector.
It invites foreign investment and frames laws
keeping an eye on the widest national interest.
ADVERTISING
SECTOR
Following guidelines for foreign direct investment
in advertising sector is being pursued : There
should not be any cap on the percentage of foreign
investment in a new or greenfield project. Where
the proposal is for a new joint venture or enhancing
foreign direct investment in an existing joint
venture, foreign direct investment should be limited
to 74%. In exceptional cases, the 74% limit could
be relaxed to go up to 100% with the consent of
the Indian partner/partners and subject to the
justification being established to the satisfaction
of the Government. Where a foreign company/investor
already has a joint venture in this sector, a
new wholly owned subsidiary shall normally not
be permitted, unless there are strong reasons
to make such an exception. Foreign Direct Investment
would include all repatriable investment, irrespective
of who or what the investor is. Such investment
would be permitted through the automatic approval
route.
ELECTRONIC
SECTOR
Foreign investment proposals directly linked to
Broadcasting will be kept pending till Broadcasting
Law comes into effect. Presently, companies with
80% Indian equity may be allowed to uplink for
satellite channels. The proposals related to production
of software and marketing of TV rights, airtime,
advertisements, etc. may be recommended with the
condition that All future laws on Broadcasting
will be applicable to them and they will not claim
any privilege or protection by virtue of this
approval;
They
will not undertake any broadcasting from Indian
soil unless specially permitted to do so; Companies
desiring to market TV software in India will in
addition to conditions mentioned at (a) and (b)
above will observe the Programme Law and Advertisement
Codes of Doordarshan. Proposals having an Indian
equity of atleast 25% will be encouraged, however,
in genuine cases, even 100% foreign equity can
be allowed. There is no foreign equity allowed
in private FM broadcasting (to be introduced).
RINT
MEDIA
Foreign ownership of newspapers and periodicals
in India and publication of their Indian editions
is guided by the Cabinet decision of 13th Sept.,
1955. The relevant extracts of the decision are
: * No foreign owned newspapers and periodicals
should, in future, be permitted to be published
in India. Foreign newspapers and periodicals which
deal mainly with news and current affairs should
not be allowed to bring out Indian editions. *
Above decision was taken on recommendation of
the First Press Commission, which inter-alia had
observed that proprietorial interest in the daily
and weekly newspapers should predominantly vest
in Indian hands. It also considered Indianisation
of both capital and staff desirable, especially
at the higher level.
It
was felt that newspapers should not be viewed
similar to an industry since their true function
was to influence working of democracy by shaping
public opinion. Foreign participation in ownership
or control of newspapers could be used for purpose
of influencing Indian opinion in support of foreign
interest and in some cases such participation
could be at the instance of a foreign Government
as well. * In pursuance of the above decision,
this Ministry has since 1955, consistently denied
permission for any foreign equity holding in print
media or publication of Indian editions of foreign
newspapers and periodicals. Due to many developments
taken since then in the overall media scenario
in the country and grant of Open General Licence
to foreign newspapers and magazines, which resulted
in their easy availability in the market, efforts
are being made to review the 1955 Cabinet decision.
FOREIGN
OWNERSHIP OF NEWS AGENCIES:
The existing policy of foreign ownership of news
agencies in India is governed by the Cabinet decision
of 1956 which was also based on the recommendation
of the first Press Commission.
The relevant extracts of the decision is reproduced
below : *Communication facilities should be granted
to foreign news agencies only where the distribution
of news within the country is to be effected through
an Indian news agency owned and managed by Indians,
which would have full and final authority in the
selection of foreign news for distribution and
which would also be in a position to supply Indian
news in a reasonable volume to the foreign news
agency with whom they have a working arrangement.
This
decision has been the yardstick for examining
requests of foreign news agencies to operate in
India. Direct distribution of financial news by
foreign news agencies is not violative of the
1956 Cabinet decision. Subsequent to this decision,
this Ministry conveyed to its no objection to
the permission accorded by RBI to M/s Reutors,
subject to the condition that their financial
services would be only for selected Indian non-media
clients for their own use and not for reproduction
and public distribution.
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