The National Commission for the Protection of Child Rights (NCPCR) has published draft guidelines to regulate child protection within the entertainment industry.
What are the guidelines?
Increases the scope of the guidelines —
The Guidelines to Regulate Child Participation in the Entertainment Industry were issued by the Commission in 2011.
However, the recent draft increases the scope of the guidelines to cover social media and OTT platforms for the first time.
The scope of the new guidelines will cover –
TV programmes including but not limited to reality shows, serials, news and informative media, movies;
Content on OTT platforms, content on social media, performing arts, advertising and
Any other kind of involvement of children in commercial entertainment activities.
Stringent penal provisions — The commission has further included stringent penal provisions for violating the guidelines, including imprisonment.
Mandatory registration of child artists —
It has mandated that child artists and children being used in entertainment need to be registered with District Magistrates.
Producers will also have to run a disclaimer saying measures were taken to ensure there has been no abuse, neglect or exploitation of children during the entire process of the shooting.
Presence of at least one parent or legal guardian or a known person —
At least one parent or legal guardianor a known person has to be present during a shoot.
For infants a registered nurse needs to be present along with the parent or legal guardian.
Need to ensure the child’s education under the RTE Act —
The producer also needs to ensure the child’s education under the RTE Act, to ensure no discontinuity from school or lessons.
S/he also needs to ensure adequate and nutritious food, water to the children during the process of production and medical facilities.
Financial protection — At least 20 per cent of the income earned by the child from the production or event shall be directly deposited in a fixed deposit account in a nationalised bank in the name of the child which may be credited to the child on attaining majority.
Content created by the child or his family/guardian — Content created by the child or his family/guardian shall be treated as children working in a family enterprise as provided under Section 3(2)(a) of the Child Labour and Adolescent Labour Act, 1986.
Regulation of number of shifts —
A child shall only participate in one shift per day, with a break after every three hours.
A minor, especially below the age of six years, shall not be exposed to harmful lighting, irritating or contaminated cosmetics.
Prohibits children being cast in certain in roles or situations —
The guidelines prohibit children being cast in roles or situations that are inappropriate.
Consideration has to be given to the child’s age, maturity, emotional or psychological development and sensitivity.
A child cannot be exposed to ridicule, insult or discouragement, harsh comments or any behaviour that could affect his/her emotional health.
Children cannot be shown imbibing alcohol, smoking or using any other substance or shown to be indulging in any sort of antisocial activity and delinquent behaviour.
No child can be engaged in any situation involving nudity.
Provisions of different Acts protecting children have been included —
Provisions of different Acts protecting children have been included in the guidelines.
This includes Acts such as –
the Juvenile Justice Act, 2015, Child Labour Amendment Act, 2016,
Protection of Children from Sexual Offences Act, 2012, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, etc.
About NCPCR –
The National Commission for Protection of Child Rights (NCPCR) is a statutory body formed under the Commission for Protection of Child Rights Act, 2005. It works towards achieving a child rights-centric approach in all the laws, programmes, policies and administrative mechanisms in India. It functions under the Ministry of Women & Child Development of the central government.
It strives to ensure that all laws and policies in the country are in consonance with the rights of children as emphasised by the Indian Constitution as well as with the UN Convention on the Rights of the Child.
A child is defined as any person between the ages of 0 and 18 years.
The Commission acknowledges the universality and inviolability of child rights.
It focuses on children that form a part of the most vulnerable sections of society.
The Commission sees every right of the child as equally important and hence, does not grade the rights according to importance.
The Commission is also mandated with responsibilities under two other acts, namely – Protection of Children from Sexual Offences (POCSO) Act, 2012, and Right to Education Act, 2009.
The NCPCR has been constituted by the Government as an act of Parliament as mentioned above. Hence, it is a statutory organisation. It consists of the following members:
Chairperson – Person of eminence and who has an exemplary record of work in child welfare.
Six members – A minimum of two women members, Should have experience in the following fields – Education, Child health, care, welfare or child development, Juvenile justice or care of neglected or marginalised children or children with disabilities, Elimination of child labour or children in distress, Child psychology or sociology, and Laws relating to children.
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