MINISTER OF STATE IN THE MINISTRY OF INFORMATION & BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]
(a) to (e): It is stated that as per existing regulatory framework, the telecast of content including reality shows on private satellite TV channels is regulated under the Cable Television Networks (Regulation) Act, 1995 (CTNA,1995) and Cable Television Network Rules, 1994 (CTNR,1994) framed thereunder. The Act does not provide for pre-censorship of content telecast on such TV channels. However, it prescribes 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 Act and the rules framed thereunder, which contain a whole range of parameters to regulate programmes and advertisements. 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. Appropriate action is taken as per Cable Television Networks (Regulation) Act, 1995, if any violation of the said codes is established.
There have been instances of complaints pertaining to the reality shows and the details of action taken against the channels which were telecast on TV channels in violation of Programme and Advertising Codes since 2006 till date is enclosed at Annexure.
The Constitution through Article 19(2) allows State to impose reasonable restrictions on Freedom of Speech and Expression on grounds of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency, or morality or in relation to contempt of Court, defamation or incitement to an offence through enactment of Law. This spirit of the Constitution is also reflected in the Cable Television Networks (Regulation) Act, 1995, which while upholding the freedom of speech in electronic media imposes reasonable restrictions in public interest. Section 5 of the Act provides that “No person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code”.
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