News on Radio: Double Standards of Private FM Radio Players in India

indra projects nNNCmnY5Kls unsplash 1The years from 2022 to 2024 have been eventful for the medium of radio in India in terms of regulatory aspects. Since July 2022, the Telecom Regulatory Authority of India (TRAI) has issued consultation papers on community radio, FM radio, and low power small range FM radio. This is a significant development as it was almost a decade back when the last recommendations were issued regarding community radio (Telecom Regulatory Authority of India, 2014).

The response to the consultation papers by private FM radio players has highlighted the double standards of the industry and indifference towards community radio. This article deals with the comments and counter-comments by private FM radio players on consultation paper related to community radio stations (CRS), wherein private players take a proactive stance not to permit any news and current affairs content on CRS. In the second part, the same analysis is done regarding the FM radio consultation paper, in which the private FM players support permitting news and current affairs. In the third part, the double standards are highlighted and explained.

News on Community Radio Stations (CRS)

On 21 July 2022, TRAI released a consultation paper (CP) on issues related to CRS in India and invited stakeholder comments and counter-comments (Telecom Regulatory Authority of India, 2022b). This CP dealt mainly with seven specific questions and one open question. The issues taken up for consultation were regarding permitting not-for-profit companies registered under Section 8 of the Companies Act 2013 to operate CRS, prescribed license period, period of extension on the expiry of the initial permission, terms & conditions for extension of license period, revision of existing limit of 7 minutes per hour on duration of advertisement, operation of multiple CRS by single organization, and factors responsible for slow growth of CRS in India (Telecom Regulatory Authority of India, 2022a). Stakeholders were also allowed to provide comments on any other issues relevant to the present consultation. The CP did not deal with the question of news and current affairs on CRS; therefore, it was irrelevant and outside the scope of the consultation.

Private FM radio players like the Association of Radio Operators for India (AROI) and Entertainment Network India Ltd. (ENIL) were at the forefront in providing comments and counter-comments. AROI describes itself as an association ‘with the aim of promoting the interests of radio media sector… [and] seeks to promote cooperation on matters affecting the common business interests of its… members who operate 384 FM radio stations in India’ (Association of Radio Operators for India, 2023). ENIL is a subsidiary of Bennett, Coleman & Company Limited — the company with a product portfolio consisting of Times of India, The Economic Times, Navbharat Times, and 22 others — and which operates the popular radio Mirchi (Entertainment Network (India) Limited, n.d.).

At this juncture, it is essential to note that news on radio in India is a monopoly of All India Radio (AIR). According to the government’s latest policy guidelines, barring two exceptions, private FM and CRS are not permitted to broadcast news and current affairs. The two exceptions are — (1) they are allowed to broadcast in verbatim news that is exclusively sourced from Akashwani, and (2) information that is essentially news but is categorized as non-news, hence, is permitted to be broadcasted, viz. information ‘pertaining to sporting events, traffic and weather, coverage of local cultural events, festivals, examinations, results, admissions, career counselling, employment opportunities, and public announcements pertaining to civic amenities’ (Ministry of Information and Broadcasting, 2024, p. 5)

Regardless of being outside the scope of the CP, Radio Rimjhim (2022), Consumer Protection Association (2022), AROI, and ENIL mentioned the issue regarding news and current affairs on CRS. However, only private FM radio players were assertive about their position, their comments and counter-comments identical with only one minor variation. ENIL’s position regarding news and current affairs is absolute, while that of AROI initially presents a relatively liberal view. According to ENIL

No news or current affairs should be permitted… for broadcast, whether self-generated or sourced from AIR, as there are high chances of misuse of such permission… Also news and current affairs are entirely our [sic] of the purview of objects of a CRS (Entertainment Network (India) Limited, 2022).

The AROI position differs slightly, stating that ”communication of news and current affairs should be limited for specific community needs under very careful monitoring” (Association of Radio Operators for India, n.d.-b). In counter-comments, ENIL reiterated its position forcefully (Entertainment Network (India) Limited, 2023b) , and this time, AROI followed by responding with an identical view (Association of Radio Operators for India, n.d.-a).

TRAI never invited stakeholders' views regarding news and current affairs in this CP. For this reason, when the final recommendations were released, TRAI made no mention of, let alone dealt with, the issue related to news and current affairs on CRS (Telecom Regulatory Authority of India, 2023a).

News on Private FM Radio Stations

Six months after it released CP regarding CRS and a month before it released its recommendations, TRAI invited comments and counter-comments from stakeholders on issues related to private FM radio broadcasting (Telecom Regulatory Authority of India, 2023d). Among questions like annual license fee, extension of permission period, and the need to mandate mobiles to have an in-built FM radio receiver, the CP explicitly dealt with the question of reviewing ‘present policy guidelines as regards the news and current affairs on private FM radio stations’ (Telecom Regulatory Authority of India, 2023c). The position of private FM radio players vis-à-vis news and current affairs changed this time.

Arguments forwarded by private players were related to the option of running a variety of content other than just music to ‘help in easing the music royalty burden’ (Red FM Group, 2023). Another argument states the unique advantage that private FM radio operators have because of ‘separate radio station in each of the 388 locations in the country across more than 100+ cities… making them best poised to create and broadcast news most relevant to local audiences, in the language they best understand’ (DB Corp Limited, 2023).

However, at the heart of the argument is the unjust and unfair treatment of private FM radio stations in relation to other mediums wherein ‘private television channels and the digital mediums, though unregulated, are allowed to freely broadcast news and current affairs programmes’ (Red FM Group, 2023).
The final and ultimate argument is that of freedom of expression. Noting that ‘the continued restriction on broadcast of news and current affairs content on radio is violative of… right under Article 19(1)(a) of the Constitution’ (Association of Radio Operators for India, 2023), the private players cite various Supreme Court judgments like Cricket Association of Bengal (The Secretary, Ministry of Information and Broadcasting v Cricket Association of Bengal & Anr., 1995), Shreya Singhal (Shreya Singhal v Union of India, 2015), and Indian Express Newspapers (Indian Express Newspapers v Union of India, 1984) that, in principle, provide the same freedom to radio as any other medium.

Double standards

The change in the stance of private FM radio players as soon as it comes to their interests showcases double standards, which comes at the cost of furthering the medium as a whole:

1. To argue that permitting news and current affairs on CRS will lead to ‘high chances of misuse’ (Association of Radio Operators for India, n.d.-a) is to shoot oneself in the foot as it makes it less likely to permit the same on private FM radio stations as the devastating impact of misuse is more in private FM radio given the radius it covers as it includes the entire city or event district. This concern was reflected in the recommendations by TRAI, which allowed news and broadcast on private FM radio for 10 minutes per clock hour during the initial phase to mitigate the potential misuse (Telecom Regulatory Authority of India, 2023b, p. 26). In contrast, a case can be made to permit news and current affairs on CRS as it is limited by its range of 5-10 KMs; hence, any problematic situation created by such misuse can easily be controlled or mitigated.

2. ENIL’s argument of localized news content and its selective usage of a newspaper article (The Hindu BusinessLine, 2023) is more applicable on community radio as it is the CRS which has a unique advantage –– This gives them the unique advantage over any other medium, to communicate realtime in local language and even dialects, which give it an unparalleled local connect and is thus best poised to create and broadcast hyperlocal news, which can keep the local audiences updated about the news most relevant to them, in the language they best understand. This can include translation and commentaries in local languages of sporting event of national importance, critical crime alerts relating to their area/neighbourhoods, real time natural disaster alerts which are most relevant to their geography (e.g., cyclones, hurricanes etc.) and related rescue and recourse options available for the local population etc (Entertainment Network (India) Limited, 2023a).

3. The heart of the argument deals with unfair treatment in relation to other mediums. It has been stated multiple times that ‘all other mediums of broadcast viz., print, television (regulated), All India Radio or digital (unregulated) are permitted to broadcast news and current affairs’ (DB Corp Limited, 2023) and that there is ‘no logical explanation for the embargo on radio stations’ (Association of Radio Operators for India, 2023) from broadcasting the same. If private FM radio players believe that it is unjust and unfair for them to be treated any differently than other mediums, then with the same logic, they cannot argue that CRS should be treated any different, as it impacts CRS negatively and will consequentially lead to CRS being mistreated.

4. The ultimate argument of freedom of expression also applies to CRS and not only to private FM radio stations. All the Supreme Court judgments and ideas cited by private FM radio players are equally applicable to CRS, viz. the idea of normative plurality of opinion, the right of communication through any media (The Secretary, Ministry of Information and Broadcasting v Cricket Association of Bengal & Anr., 1995) being ‘extended to the radio stations’ (Association of Radio Operators for India, 2023), and that ‘information from diverse and antagonistic sources… [being] essential to the welfare of the public’ (Indian Express Newspapers v Union of India, 1984). The same set of rights and ideas are available to CRS, and so are the restrictions that ‘can only be exercised within the framework of Article 19(2)’ (The Secretary, Ministry of Information and Broadcasting v Cricket Association of Bengal & Anr., 1995). Therefore, if the government permits news and current affairs on private FM radio stations, then the same should be extended to CRS as a matter of right.

Conclusion

It is important to note that CRS operators are not against permitting news and current affairs on private FM radio as no stakeholder from CRS or community media sent comments to TRAI related to FM radio even after dealing with the opposition from private FM radio players. On the other hand, private FM radio players have general mistrust and skepticism of community radio. The same is showcased in their proactive stance, comments, and subsequent double standards by them. Besides that, the opposition of private FM radio players against CRS is unfounded and weak.

Double standards are unhealthy for the medium itself. To further the development of radio in India and for it to reach its full potential, it is essential that private FM radio operators at least do not go against CRS operators. Persuading the government to ban news on CRS will set a precedent for restricting the same on private FM radio. Therefore, it is in the best interest of private players if they focus their energies on pushing forward the medium as a whole and not oppose the CRS operators because it will easily backfire.

References

Association of Radio Operators for India. (n.d.-a). AROI Counter Comments on the responses to the Consultation Paper dated July 21, 2022, on “Issues related to Community Radio Stations”. Retrieved 12 June 2025, from https://trai.gov.in/sites/default/files/2024-11/AROI_15092022.pdf

Association of Radio Operators for India. (n.d.-b). AROI Response to Consultation Paper on Community Radio Stations. Retrieved 12 June 2025, from https://trai.gov.in/sites/default/files/2024-11/AROI_01092022.pdf

Association of Radio Operators for India. (2023, March 9). AROI Comments in response to Telecom Regulatory Authority of India Consultation Paper on Issues related to FM Radio Broadcasting. https://trai.gov.in/sites/default/files/2024-11/AROI_10032023.pdf

Consumer Protection Association. (2022). Comments On Issues related to Community Radio Stations. https://trai.gov.in/sites/default/files/2024-11/CPA_01092022.pdf

DB Corp Limited. (2023, March 9). Suggestions in response to Telecom Regulatory Authority of India Consultation Paper on Issues related to FM Radio Broadcasting. https://trai.gov.in/sites/default/files/2024-11/D_B_Corp_10032023.pdf

Entertainment Network (India) Limited. (n.d.). Company Profile. Entertainment Network (India) Limited. Retrieved 14 May 2023, from https://www.enil.co.in/company-profile.php

Entertainment Network (India) Limited. (2022, August 17). Response to the Consultation Paper dated July 21, 2022 on “Issues related to Community Radio Stations”. https://trai.gov.in/sites/default/files/2024-11/Entertainment_Network_India_Limited_01092022.pdf

Entertainment Network (India) Limited. (2023a, March 9). Response to the Consultation Paper dated February 09, 2023, on “Issue related to FM Radio Broadcasting”. https://trai.gov.in/sites/default/files/2024-11/ENIL_10032023.pdf

Entertainment Network (India) Limited. (2023b, September 14). Counter Comments on the responses to the Consultation Paper dated July 21, 2022, on “Issues related to Community Radio Stations”. https://trai.gov.in/sites/default/files/2024-11/Entertainment_Network_Ltd_15092022.pdf

Indian Express Newspapers v Union of India (Supreme Court of India 6 December 1984). https://indiankanoon.org/doc/223504/

Ministry of Information and Broadcasting. (2024). Revised Policy Guidelines for setting up Community Radio Stations in India. https://www.becil.com/uploads/topics/1726038810.pdf

Radio Rimjhim. (2022). Letter from Radio Rimjhim to TRAI. https://trai.gov.in/sites/default/files/Radio_Rimjhim_90.4_MHz_01092022.pdf

Red FM Group. (2023, March 9). Comments in response to Telecom Regulatory Authority of India Consultation Paper on Issues related to FM Radio Broadcasting. https://trai.gov.in/sites/default/files/2024-11/RED_FM_GROUP_10032023.pdf

Shreya Singhal v Union of India (Supreme Court of India 24 March 2015). https://indiankanoon.org/doc/110813550/

Telecom Regulatory Authority of India. (2014). Recommendations on Issues related to Community Radio Stations [Recommendations]. https://www.trai.gov.in/sites/default/files/2024-09/CRS_-_Reco_-_final_29_Aug_2014.pdf

Consumer Protection Association. (2022). Comments On Issues related to Community Radio Stations. https://trai.gov.in/sites/default/files/2024-11/CPA_01092022.pdf

Entertainment Network (India) Limited. (n.d.). Company Profile. Entertainment Network (India) Limited. Retrieved 14 May 2023, from https://www.enil.co.in/company-profile.php

Indian Express Newspapers v Union of India (Supreme Court of India 6 December 1984). https://indiankanoon.org/doc/223504/

Ministry of Information and Broadcasting. (2024, February 13). Revised Policy Guidelines for setting up Community Radio Stations in India. https://www.becil.com/uploads/topics/1726038810.pdf

Radio Rimjhim. (2022). Letter from Radio Rimjhim to TRAI. https://trai.gov.in/sites/default/files/2024-11/Radio_Rimjhim_90.4_MHz_01092022.pdf

Shreya Singhal v Union of India (Supreme Court of India 24 March 2015). https://indiankanoon.org/doc/110813550/

Telecom Regulatory Authority of India. (2022a, July 21). Consultation Paper on Issues related to Community Radio Stations. https://trai.gov.in/sites/default/files/2024-09/CP_21072022.pdf

Telecom Regulatory Authority of India. (2022b, July 21). TRAI releases Consultation Paper on “Issues related to Community Radio Stations” [Press release]. https://trai.gov.in/sites/default/files/2024-08/PR_No.46of2022.pdf

Telecom Regulatory Authority of India. (2023a). Recommendations on Issues related to Community Radio Stations [Recommendations]. https://www.trai.gov.in/sites/default/files/2024-09/Recommendation_22032023.pdf

Telecom Regulatory Authority of India. (2023b). Recommendations on Issues related to FM Radio Broadcasting [Recommendations]. https://www.trai.gov.in/sites/default/files/2024-09/Recommendation_05092023.pdf

Telecom Regulatory Authority of India. (2023c, February 9). Consultation Paper on Issues related to FM Radio Broadcasting. https://trai.gov.in/sites/default/files/2024-11/CP_09022023_0%20%281%29.pdf

Telecom Regulatory Authority of India. (2023d, February 9). TRAI releases Consultation Paper on ‘Issues related to FM Radio broadcasting’ [Press Release]. https://www.trai.gov.in/sites/default/files/2024-08/PR_No.09of2023.pdf

The Hindu BusinessLine. (2023, February 17). Editorial. De facto news ban on FM, community radio unjustified. The Hindu BusinessLine. https://www.thehindubusinessline.com/opinion/editorial/de-facto-news-ban-on-fm-community-radio-unjustified/article66520927.ece

The Secretary, Ministry of Information and Broadcasting v Cricket Association of Bengal & Anr. (Supreme Court of India 9 February 1995). https://main.sci.gov.in/judgment/judis/10896.pdf

Mohit Dhanjani is a Senior Research Fellow at the Department of Journalism & Mass Communication, School of Arts, Manipal University Jaipur. He is actively researching media in India, with a special focus on hyperlocal newspapers.

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