Bengaluru's new tryst with advertising

The just-announced draft policy combines Delhi’s advertising bylaws and old BBMP rules

The state government has finally approved a draft advertising policy for Bruhat Bengaluru Mahanagara Palike (BBMP) limits. The goal is to generate revenue of nearly Rs 1,000 crore per year for the fund-crunched city municipality. 

The new policy combines elements from Delhi’s advertising bylaws and the old BBMP rules. This paves the way for the return of hoardings banned in 2018 in the city. The draft issued on July 19 is open to public comments.

A ban on advertisement inside the city came in 2018 after a series of incidents, inclduing highlighting of the Rs 2000-crore illegal advertisement hoardings scam involving BBMP officials in 2017, by K Mathai, a senior Karnataka Administrative Services (KAS) officer.

“When I said in my report that BBMP was to get Rs 3 crore as against Rs 15 lakhs, higher ups did not believe it. I volunteered and collected Rs 3 crore in just 45 days from Shanthala Nagar ward alone,” he says. He adds that the BBMP collected only Rs 20 to 25 crore a year, while the rest was usurped by vested interests due to corruption.

“Based on my reports, the High Court banned all ads. How can the government bring a new policy without effective steps to recover the pending amount? What is the guarantee that officials who cannot recover arrears can collect the fee from new advertisements?” he asks.

The BBMP has meanwhile displayed in its website the details of the arrears until January 2020 amounting to Rs 298.43 crore, but it does not cover hoardings.

‘Issues remain unaddressed’

The policy covers the issue of flex banners. Distraction is a distraction, be it flex or cloth. Politicians continue to put them despite all rules. “Streetlight poles and signals contain many banners by all politicians despite the ban even today. This is against the Swachha Bengaluru concept. Even the public do not know any rules,” says Eshwarappa, a civic activist who has followed the issue keenly. The BBMP officials must take action with regard to this, but it does not happen often, he adds.

Will the rules solve the mess of not collecting advertising rentals? “Unless officials proactively collect the fee, it will not happen. Outdoor advertisers bribe officials and continue without paying the renewal fee. The public do not know how to recognise legal and illegal hoardings or advertisements in bus shelters etc.,” opines Eshwarappa.

Nagesh Aras, a civic activist based in Bellandur, highlights the provision that “in areas  declared  for  commercial  or  industrial  use under  the  approved  master  plan, prohibition  on  advertisements  on  less than  sixty  feet  road  width  shall  not  apply.” He observes that since most of the city is “mixed-use”  by default, ads are allowed in these streets according to the draft policy.

“Sections 12 and 13 are full of motherhood statements but extremely difficult to assess. For example, how do we assess whether it distracts the motorists? How do we assess whether the ad causes disfigurement or compromises the city’s aesthetics?” he asks.

“Although the bylaw is in good intentions, there is no real control over ads, especially the small ads that are easy to put up,” he adds.

Eshwarappa agrees. “BESCOM by-laws say the high-tension and low-tension panels must not be touched without permission. But posters come up overnight on them. Who is acting on them?” he asks. 

They both point out that the draft does not address this issue of small businesses, such as house shifting and sump cleaning services, posting posters in public places, including public walls and BESCOM and BWSSB properties.

“There is no provision for punishing the BBMP staff if the citizens of a ward continue to face rampant advertising. The onus is on the advertisers and not on the implementing staff,” Nagesh adds.

Small advertisers happy

Outdoor advertising agencies based in the city are happy about the draft, especially due to the allowance of advertisements on private properties. This is because the new rules can make participation in roadside hoarding tenders difficult for smaller agencies.

“The draft calls for tendering of roads, which will be difficult for smaller players. Only external agencies operating in Bengaluru can go for such tendering,” says Manmohan Singh, Secretary of the Outdoor Advertising Association. 

This is where private properties make a difference. “Small advertisement agencies that cannot participate in the tender can take advantage of this opportunity,” he adds. The ground rent will go to the private property owners, generating some income for them, while even BMTC, KSRTC, BMRCL, etc, can monetise their spaces by renting them for advertisements, he observes.

The draft says all permitted media will be listed on the BBMP website. Singh says this is a welcome step as it will help everyone identify what is allowed and what is not, which is otherwise very tricky. With this step, all illegal things will die a natural death, he says.

However, there are also concerns. “Earlier, a 40ft x 20ft hoarding cost Rs 1.8 lakh per annum in the central business district area. Now, the same will be linked to the land guidance value, and the BBMP fee will go upto Rs 10 lakh per annum,” says Singh. 

He feels that the fee in this range is very high, especially because there has been no hoarding activity inside the city in the last six to seven years. Before the ban, hoardings were charged Rs 2-3 lakh per month, but the average occupancy was for 6-7 months. He says the market is very competitive now with so many other media for advertising. 

The legal story thus far

In 2017, a writ petition was filed in the High Court of Karnataka seeking strict implementation of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981, within the BBMP limits by framing relevant rules and regulations. This law bans displaying promotional materials in public places without permission. 

In August 2018, BBMP imposed a blanket ban on all forms of outdoor advertising. Though this was challenged, the Karnataka High Court upheld the ban, emphasising the need to regulate outdoor advertising strictly.

After the ban, BBMP introduced BBMP Outdoor Signage and Public Messaging Bylaws, 2018. These bylaws were limited to public places and included:

Zoning to decide specific areas where advertising would be allowed.

Restrictions on the size and placement of advertisements to reduce visual clutter.

Requirements for the structural integrity and regular maintenance of advertising structures.

The case has been ongoing. In the hearing that concluded on July 12, the HC observed that the placing of the hoardings in the streets and elsewhere continues unabated, and the BBMP did not remove lakhs of such flexes or advertising hoardings. 

The court said there was scant regard towards implementing its orders. It issued notices to the state government, the BBMP, and the Bengaluru city police commissioner. G R Mohan, an advocate representing a petitioner in a court case involving illegal advertising, objects to allowing advertisements to be put up at road junctions.

“They are talking about structural stability and other aspects. Who is going to inspect it? Once BBMP issues permission, there ends the matter; they will not inspect it,” he observes.

The law does not address flex banners and other political advertisements. Despite the court monitoring the case, he says that problems continue.

“The basic issue is people’s safety. The next issue is that the flex banners and hoardings are torn and thrown in stormwater drains, choking and polluting the lakes. BBMP themselves have admitted that they have nowhere to store the cutouts and banners. This issue has not been addressed in the draft,” he points out.

He adds that the final notification can be challenged in court if it contravenes any other law or the Supreme Court order.

The public can check the bylaw on the BBMP website (prominent news section) and send the objections by August 19, to the Office of the Chief Commissioner, BBMP, N R Square, Bengaluru- 560002.