The Ministry of Information and Broadcasting (“MIB”), on July 6, 2022, pursuant to its power to give directions/ advisory under an Agreement titled “Grant of Permission Agreement (“GOPA”)/ Migration Grant of Permission Agreement (“MGOPA”)” entered by MIB with Companies who has established, maintained and currently operating the FM radio broadcasting channel in India (“FM Companies”), had issued an advisory to all FM Companies to also broadcast Public Interest Announcements (as defined under GOPA or MGOPA) every day in terms of GOPA and MGOPA.  

Clause 11.2 of GOPA and Clause 10.2 of MGOPA states that FM Companies, as may be required by the Central Government/ concerned State Government, shall also broadcast Public Interest Announcements for a maximum of 1 (one) hour per day in suitable or proportional timeslots. However, in case the demands by Central Government/ State Government exceeds the aforesaid duration then the State Government shall only be eligible to make announcements in the period left after FM Companies meet the requirement of the Central Government.     

Further, the advisory provides that Government of India has the right to impose penalties as specified under GOPA/ MGOPA on FM Companies in case of any violation of any of the terms of the GOPA/ MGOPA. MIB while exercising it power under GOPA/ MGOPA has strictly advised the FM Companies to adhere to the afore-mentioned advisory issued by MIB and case of non-adherence of advisory may attract penalties as provided under GOPA/ MGOPA.  

Please find a copy of the Advisory, here.

This update has been contributed by Namitha Mathews (Partner) and Jalaj Mahajan (Associate).

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