The National Commission for the Protection of Child Rights (NCPCR) recently released draft guidelines to regulate child protection within the entertainment industry. These new guidelines significantly extend the 2011 Guidelines to Regulate Child Participation in Entertainment. This update has broadened its scope to include social media and Over the Top (OTT) platforms for the first time.
Key Highlights of the New Guidelines
The updated guidelines introduce several notable changes and restrictions:
– Permission of the District Magistrate: Producers using child performers are required to obtain the approval of the District Magistrate. A disclaimer stating that no children were exploited or neglected during the production process needs to be included.
– Stringent Penal Provisions: Violations of these guidelines can result in imprisonment. All child artists and children used in entertainment must register with District Magistrates.
– Provisions of Various Acts: Parents monetizing their children’s performances are subject to accountability under various acts. These provisions have been integrated into the new guidelines.
A More Comprehensive Scope
The new guidelines aim to provide a comprehensive coverage of all types of media. They apply to television programs, films, content on OTT platforms and social media, performing arts, advertising, and other commercial entertainment activities involving children.
Prohibited Roles and Activities for Children
The guidelines limit the type of roles and situations children can be placed in. Inappropriate roles or situations that could harm the child’s emotional health are prohibited. The guidelines specifically forbid showing children consuming alcohol, smoking, or engaging in antisocial activities.
Duty of Care
During shooting, at least one parent or legal guardian must be present. For infants, a registered nurse also needs to be on-site. Harmful lighting and contaminated cosmetics are prohibited for children, especially those under six years old.
Ensuring Welfare of Child Performers
Producers have a role in ensuring the welfare of child performers. They are obligated to ensure continuity of education as per the Right to Education (RTE) Act, 2009. Adequate and nutritious food, water, and medical facilities should be provided. The working hours of child performers are limited to one shift per day.
Securing the Child’s Income
A minimum of 20% of the income earned by the child must be directly deposited into a fixed deposit account in the child’s name. This provision ensures the child will benefit from their earnings when they reach majority age.
Regulations for Family Created Content
When a child or their family/guardian creates content, it is treated as children working in a family enterprise under Section 3(2)(a) of the Child Labour and Adolescent Labour Act, 1986.
Constitutional Provisions for Child Rights
Children are also protected by constitutional rights such as the right to live with dignity, personal liberty, privacy, equality, and protection against discrimination and exploitation. Children aged 6-14 years are entitled to free and compulsory elementary education under Article 21 A. The state has an obligation to provide opportunities for children to develop healthily and protect them from exploitation and abandonment.
