MINISTER OF STATE IN THE MINISTRY OF INFORMATION & BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]
(a) to (c) As per existing regulatory framework, all programmes and advertisements telecast on private satellite TV channels and transmitted/re-transmitted through the Cable TV network are required to adhere to the Programme Code and Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995 and Cable Television Network Rules, 1994 framed thereunder. The Act does not provide for pre-censorship of any programme or advertisement telecast on such TV channels. However, it provides that all programmes and advertisements telecast on such TV channels should be in conformity with the prescribed Programme Code and Advertising Code enshrined in the said Act and the rules framed thereunder, which contain a whole range of parameters to regulate programmes and advertisements on TV channels including the content which is likely to promote anti-national attitudes. In this regard, specific provision in the Programme Code is given as under:
Rule 6 (1) (e) provides that no programme should be carried in the cable service which is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti-national attitudes.
The Ministry has set up Electronic Media Monitoring Centre (EMMC) to monitor the content of private TV channels with reference to the violation of Programme and Advertising Codes. An Inter-Ministerial Committee (IMC) has also been set up in the Ministry to look into the specific complaints or suo-motu take cognizance against the violation of Programme and Advertising Codes. The IMC has representatives from the Ministries of Home Affairs, Defence, External Affairs, Law, Women and Child Development, Health & Family Welfare, Consumer Affairs, Information & Broadcasting and a representative from the industry in Advertising Standards Council of India (ASCI). The IMC meets periodically and recommends action in respect of violation of Programme and Advertising Codes by private TV channels. Apart from this, the Ministry has also issued directions to States to set up District level and State level Monitoring Committees to monitor content telecast on cable TV channels.
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Action against TV channels may extend from issue of warnings or advisories to comply with the Programme/Advertising Codes or directing channels to run apology scrolls on their channels and can extend up to taking the channels off air temporarily for varying period depending on the gravity of the violation. Before taking such action, usually show cause notices are also issued to the channels. Details of action taken against TV cannels for violation of the aforesaid Rule 6 (1) (e) of the Programme Code are at Annexure.
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