#172 State Of Play

PolicyWTF: See No Evil, Read No Evil, Hear No Evil This section looks at egregious public policies. Policies that make you go: WTF, Did that really happen? — Pranay Kotasthane Earlier this week, I stumbled on this headline in the Business Standard: "Remove price cap and channel bundling restrictions: Broadcasters tell TRAI”. For someone writing a weekly newsletter on Indian public policy, price controls are a gift that keeps on giving. Naturally, I went down this rabbit hole. For context, read this consultation paper. Under the New Regulatory Framework 2017, there are price caps on channel bundles, individual channels that are part of bundles, and the overall package of standard-definition channels. Once this 2017 order came into force, broadcasters smartly kept the popular sports channels out of the channel bundles. The aim was to price them high, thereby cross-subsidising other channels. Further, some providers included these sports channels in bundles at a discounted rate so that they could be packaged with other trashy channels. Not surprising. And now, TRAI wants to reduce the price cap on individual channels that can be part of a bundle to ₹12 from ₹19 per month. Mind-boggling, no? The consultation paper is quite well-written, to be honest. It makes me wonder the extent to which state capacity is applied to come up with price controls. This instance got me thinking about how government restrictions have shaped today’s media environment in India. Let’s have a look at the three major types: video, radio, and written media. How OTT (Over-the-top) became TOT (The-Only-Thing) The same TRAI consultation paper highlights that OTT platforms (SonyLiv, HotStar, etc.) are displacing traditional TV. Anecdotally too, this shift is quite obvious. So why is it that there’s good Indian content on OTT platforms, while the old news channels seem to be stuck in a rut? Government regulations are one big reason. There are no price caps on OTT platforms, allowing them to make investments, create niche content, and recover the investments at an appropriate price. In contrast, TV channel prices are controlled by the government since 2004. News channels, in particular, have degraded the most. Writing in Hindustan Times in 2017, Ashok Malik traced the cause to (surprise! surprise!) price caps again: “As per the TRAI tariff order of 2016, the price ceiling for a news channel is Rs 5 per month. In contrast the price ceiling for a general entertainment channel is Rs 12 per month. Consider what this means. In theory, the general entertainment channel could be re-running old soaps (cost of content: zero). The news channel would be required to constantly generate fresh content. Even so, the former is allowed to charge more than double what the latter is able to. Besides a general entertainment channel is always likely to get more subscribers. So it is a double hit for anybody seeking to build a serious news channel. Over time news channel owners have simply given up, and decided to take the route of reality TV. Today, with the sheer volume of free – occasionally dubious and sometimes outright fake – content available online, one wonders if the news business can ever be rescued in India.” Not that general entertainment channels have fared much better. Broadband internet has now made subscription easier, and the people have voted with their feet, remotes, and phones. At present, TRAI no longer caps the prices of individual channels, on the condition that they are not included in any bundle. But that’s hardly a respite when enough damage has already been done. Radio Silence The case of another broadcast medium, the FM radio, is also instructive. The kiss of death here is a ban on FM channels broadcasting news or current affairs. Observe how the government justified pre-censorship in the Supreme Court in 2017: “Broadcasting of news by these stations/channel may pose a possible security risk as there is no mechanism to monitor the contents of news bulletin of every such stations. As these stations/channels are run mainly by NGO/other small organisation and private operators, several anti-national/radical elements within the country can misuse it for propagating their own agenda.” Need I say more? This is the reason why all our FM radio channels play mind-numbing songs, spoofs, and call pranks on loop. While some niche content has moved to podcasts, a lot of current affairs content is now sought after on non-English YouTube channels. As for “radical elements within the country can misuse it for propagating their own agenda”, that has been turbocharged by one-to-many communication on Twitter, WhatsApp, Facebook, etc. The Pen is Mightier than its Subscribers Now let’s come to the curious case of print and online media. There are no price caps on newspaper and magazine prices. Not that it wasn’t attempted. But in a 1961 Sakal Papers vs Union of India judgment, the Supreme Court, citing Article 19(1), declared unconstitutional a law that tried to connect prices to the number of pages published. And so, India has an amazingly high number of newspapers and magazines— nearly a lakh registered ones, increasing year on year. But that’s where the party ends. Print media is disproportionately dependent on advertisement revenue and not reader subscriptions. Newspapers are primarily pamphlets, with a bit of news and opinion thrown in. The reasons for this low equilibrium are not very clear. Raju Narisetti contends in a recent book Media Capture: How Money, Digital Platforms, and Governments Control the News (edited by Anya Schiffrin) that the ‘invitation pricing’ model introduced by the Bennett Coleman & Company Ltd. (BCCL) in 1994 created a de-facto price cap for other players. However, that still doesn’t explain the absence of niche, small, and subscription-fuelled newspapers. Magazines do slightly better. I suspect the low purchasing power of Indians when newspapers were all the rage, can explain to an extent the inertia to pay more for reading news. Whatever the reasons, it works well for India’s governments, for they are the biggest advertisers in newspapers. Mere threats of cancelling advertisement contracts become powerful means to exert influence on the content and tone of newspapers. Nevertheless, online media has shown that new revenue models are possible. In the pandemic, most newspapers took their online portals behind paywalls. There’re also many subscriber-only portals catering to special audiences. But how can you keep the government away? RBI’s new rules on auto-debit of recurring payments led to the cancellation of subscriptions and a decline in revenue. (Showing small mercies, the RBI this week decided to raise the e-mandate limit to ₹15,000 earlier this week.) All in all, if you want to ask why our media environment is the way it is, tracking government regulations is a good place to begin the search. TV and Radio, and to a lesser extent print media, are all victims of seemingly well-intentioned yet counter-productive government regulations. India Policy Watch: Inflation, Growth & Stability Insights on burning policy issues in India - RSJ We are back to discussing macroeconomy here. This week, in its scheduled bi-monthly review, the Monetary Policy Committee (MPC) voted unanimously to increase the repo rate by 50 bps (100 bps = 1 percentage point) to 4.90 per cent. It also stayed firm on withdrawing its accommodative policy stance to tame inflation going forward. From the Governor’s press release: “Let me now explain the MPC’s rationale for its decisions on the policy rate and the stance. The protracted war in Europe and the accompanying sanctions have kept global commodity prices elevated across the board. This is exerting sustained upward pressure on consumer price inflation, well beyond the targets in many economies. The ongoing war is also turning out to be a dampener for global trade and growth. The faster pace of monetary policy normalisation undertaken by systemic advanced economies (A… This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit publicpolicy.substack.com