Mumbai’s civic body, Brihanmumbai Municipal Corporation (BMC), faces fresh challenges as out-of-home (OOH) media owners allege that the corporation’s latest draft policy for OOH media disregards the existing 2022 OOH Advertising Policy Guidelines, which remain in effect until 2031, further adding to the growing list of concerns and woes.
It is to be noted that the 2022 Guidelines were issued by way of a notification in the official gazette of the State Government on April 29, 2022. Also, according to the Mumbai Municipal Corporation Act 1888, all policies and guidelines are applicable for the terms of 10 years.
Media agencies are of the opinion that the BMC can not abruptly remove the existing policy guidelines, as such a disruption likely to impact their businesses too.
In its provision of the latest draft, BMC has said, “The existing policy guidelines were valid for ten years and have expired on Jan 10, 2018″ and “these new guidelines supersede the previous guidelines of 2008 and all circulars issued here to before,”- completely dismissing the 2022 guidelines.
“We note that the BMC has again disregarded the 2022 Advertising Policy Guidelines and simply refers to the 2008 Advertising Policy Guidelines, which will be superseded after the new guidelines come into effect. The 2022 Guidelines were issued by way of a notification in the official gazette of the State Government on April 29, 2022, and BMC must also recognise that and take it into account in its new policy guidelines,” said Shekhar Jadhav, Senior Vice President at Laqshya Media.
“The Corporation can tweak the existing policy through some amendments and introductions but is not permitted to choose to suddenly do away with the same and bring about a wholly fresh replaced Policy,” highlighted Jasmine Damkewala, Senior Partner at Circle of Counsels and Advocate-on-record, Supreme Court of India.
At the end of the day, the less a State regulates, the better the State manages its people. Failing the same, it only results in conflicts, lawsuits, the threat of corruption and the license raj, she added.
IOAA is in fact contemplating legal action against BMC on the matter of disregarding the existing guidelines, but has not yet finalised its decision, shared its CEO, Praveen Vadhera.
One of the media owners also shared how based on the 2022 Advertising Policy, agencies had signed various deals and agreements- which could go for a toss if the civic body disregards it completely.
Where some element of restriction in putting up hoardings is welcome, especially keeping in mind the hoarding collapse mishap which claimed 17 lives in Mumbai, as also to prevent obstructive, bothersome and aesthetically damaging hoardings, the present OOH Policy has gone to the other extreme of stifling expression and business, say experts.
Additionally, it has not helped that this Policy increases the licensing fee by nearly 10% thereby increasing the burden of the advertising industry.
On escalation in license fee by 10%, Jadhav has recently written to BMC saying, “We object to this kind of a blanket escalation of fees on a yearly basis, as the cost of maintaining assets also increase every year, it must be proportionate to a market condition and must be formally agreed between BMC and the agency as reviewed on a yearly basis. License Fees are already very high. BMC should discuss these rates with the industry.” Also, permit renewal period should be increased to 5 years, it added.
Jadhav has also opposed the blanket prohibitions including no kiosks, lollypops on the bus queue shelter or hoardings in parking lots and playgrounds- all of which have been introduced in the latest draft.