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DM’s nod must for employing child artiste in showbiz: NCPCR directive
New Delhi: Participation of a child in a commercial audio-visual media production or event will need a clearance from concerned district magistrate (DM), the national child rights commission said on Thursday as it issued revised guidelines for involvement of minor artistes in the entertainment industry
New Delhi: Participation of a child in a commercial audio-visual media production or event will need a clearance from concerned district magistrate (DM), the national child rights commission said on Thursday as it issued revised guidelines for involvement of minor artistes in the entertainment industry.
In its revised guidelines, which will replace the 2011 one, the National Commission for the Protection of Child Rights (NCPCR) has brought social media and OTT platforms under its ambit for the first time. The earlier regulations covered all entertainment platforms, except social media and OTT.
The commission had in June last year released the draft of revised guidelines for comments from stakeholders.
“The dawn of social media, OTT platforms and the accessibility of content on the internet has opened a Pandora’s Box for creation of entertainment content. In addition to the problem of wrongful use of children in creation of such content, unsuitable content has also easily become available for children…,” the guidelines said. “Therefore, the need to bring other platforms under the ambit of these guidelines has been realised.”
Explaining the rationale behind the move, the commission cited its observation that child artistes are not only unnecessarily exploited but also subjected to perform or narrate actions, gestures, dances and dialogues that are beyond their understanding.
“Therefore… it is important that a set of guidelines are put in place for regulating and ensuring proper compliance of the law related to child artists and ensuring welfare of children,” it said.
According to the revised guidelines, the producer of an audio-visual media production or commercial event involving a child will have to seek permission from concerned district magistrate (DM). They will also have to submit an undertaking mentioning consent of parents or guardian, and name of the individual from the production or event who will be responsible for the safety and security of the child.
The guidelines further recommended states to devise an online mechanism for production houses to apply for the permission at district levels. It also empowered DMs to instruct the district child protection unit (DCPU) to inspect the workplace and accordingly issue a permit to the producer. “The DCPU will also maintain the list of such children engaged in each district,” said the guidelines.
As for the content, the child rights body directed that minor artistes should not be cast in a role or situation that is “inappropriate”, or can cause unnecessary “mental or physical suffering”, or involve “indecent” or “obscene” representation of a child or nudity.
The NCPCR recommended that at least one parent or legal guardian shall be present at all times if the child is below six years of age. Besides, no child should be allowed to travel without their parent or legal guardian or known person. “The producer shall ensure that there are facilities for the child to dress and undress in a private space,” it said.
The guidelines further recommended that no child shall be allowed to work for more than five hours in a day, and more than three hours without a break. No child should be made to work 27 consecutive days, it said. “The minimum number of working days or instructional hours in an academic year should be maintained as provided under the Right of Children to Free and Compulsory Education Act, 2009.”
At least 20% of the income earned by the child/adolescent from the production or event shall be saved in a fixed deposit account in any nationalised bank in their name. The amount will be credited to the child on attaining majority, the guidelines said.
In case of violation, the producer or parent/guardian shall be penalised under the Child and Adolescent Labour Act, 1986, the Protection of Children from Sexual Offences (Pocso) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, the guidelines said.
Sanjay Gupta, director of Childhood Enhancement Through Training and Action (Chetna), an NGO, hailed the guidelines and said their implementation should also be monitored on the ground level.
“It is welcoming that the NCPCR has covered OTT and social media platforms under the norms but there has to be proper monitoring of the implementation of these guidelines,” he said. “There should be some rules with regards to scenes of nudity in shows in which child artists are involved even if they are not present in those scenes. Eventually, children will watch their shows and will get subjected to obscenity and nudity.”
