MEDIA LAW PROJECT

Cable Television Network

Regulation (Amendment) Act, 2011

ARMY INSTITUTE OF LAW, MOHALI

IN PARTIAL FULFILLMENT OF BA-LLB 5 YEAR DEGREE

SUBMITTED TO: SUBMITTED BY:

MS. JASLEEN ANKITA JAIN

ASSISTANT PROF. OF LAW ROLL NO. 1544

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 ACKNOWLEDGEMENT

I would like to express my gratitude to my subject teacher ‘Ms. Jasleen’ who gave
me this opportunity to work on this project. She gave her moral support and guided
in different matters regarding the topic. She had been very kind and patient while
suggesting me the outlines of this project. I thank her for her overall support.

I am also thankful to everyone who supported me, for that I have completed my
project effectively.

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 INDEX

 Acknowledgement 2
 Index 3
 Introduction 4
 Aims and Objectives of the Act 5
 Important Definitions 6
 Cable Television Network Regulation (Amendment) Act, 7
2011.
 Provisions of the Act 8-13
 Conclusion 14
 Bibliography 15

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 INTRODUCTION

Prior to the enactment of the Cable Act, the cable industry had been completely unorganized and
unregulated. The Act intended to curb the perceived cultural invasion by regulating the content
of the programmes being telecast, and proving some accountability from cable operators. The
Act provides for the mandatory registration of all cable operators. The Act confines itself to the
regulation of the cable operators and does not extend to broadcasters, with the result that
broadcasters remain unaccountable under this legislation.

The necessity of procuring license for operating cable networks was first mentioned by the
Rajasthan High Court in the case of Shiv Cable TV System v. State of Rajasthan1. In this case,
the district magistrate ordered a ban on cable networks as they were being operated without
license. Subsequently the order of the district magistrate was challenged in the Rajasthan High
Court on the ground that the order was in violation of fundamental right to freedom of trade and
profession. The high court held that there was no violation of the right to freedom of trade
because cable networks fall within the definition of “wireless telegraph apparatus” under the
Indian Wireless Telegraphy Act and therefore it necessary to have license to operate such
network. This highlighted the need for having a framework for the regulation of cable networks
in India which led to the enactment of the Cable Television Networks (Regulation) Act, 1995.

1
AIR 1993 Raj. 1997

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 AIMS AND OBJECTIVES OF THE ACT

The object of the Act is to regulate the haphazard mushrooming of cable television networks.
Due to the lack of licensing mechanism for cable operators, it resulted in large number of cable
operators, broadcasting programmes without any regulation. The Act aims at regulating content
and operation of cable networks. This is due to the availability of signals from foreign television
networks via satellite communication.2 The access to foreign television networks is considered to
be a cultural invasion as these channels portrays western culture. It also lays down the
responsibilities and obligations in respect of the quality of service both technically as well as
content wise, use of materials protected under the copyright law, exhibition of uncertified films,
and protection of subscribers from anti-national broadcasts from sources inimical to national
interest.

Another object is to make aware the subscribers, cable operators and the programmers about
their rights, duties, responsibilities and obligations in respect of the quality of service, technical
as well as content-wise, use of material protected by copyright, exhibition of uncertified films,
protection of subscribers from anti-national broadcasts from sources inimical to our national
interests, responsiveness to the genuine grievances of the subscribers and a perceived willingness
to operate within the broad framework of the laws of the land.

The act aims to regulate the cable television so as to bring about uniformity in their operation. It
thus enables the optimal exploitation of this technology which has the potential of making
available to the subscribers a vast pool of information and entertainment.3

2
Cable Television Networks (Regulation) Act, 1995, (April 21, 10:30 PM, 2018), https://lawyerslaw.org/the-cable-
television-networks-regulation-act-1995
3
Madhvi Goradia Divan, Facets of Media Law, (2nd ed.), pg. 503.

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 IMPORTANT DEFINITIONS

 Cable Operator [Section 2(aa)]:

A Cable Operator means any person who operates the cable television network and provides
the services of cable television to the viewers of that particular area and is also responsible
for the control and management of the cable services.

 Cable Television Network [Section 2(c)]:

It means any system consisting of a set of closed transmission paths and associated signal
generation, control and distribution equipment, designed t provide cable service for reception
by multiple subscribers.

 Programme [Section 2(g)]:

It means any television broadcast and includes the exhibition of films, features, dramas,
advertisements and serials through video cassette recorders or video cassette players and any
radio or visual or audio-visual live performance or presentation.

 Subscribers [Section 2(i)]:

Subscribers are the group of persons who receives the signals of cable television network at a
place indicated by him to the cable operator, without further transmitting it to any other
person.

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 THE CABLE TELEVISION NETWORKS (REGULATION)
AMENDMENT ACT, 2011

The Act is mainly divided into five chapters. The first chapter discusses the scope and extent
of the Act and meaning of the terms used in the Act. The second chapter deals with
Regulation of Cable Television Network. The third chapter relates to Seizure and
Confiscation of certain Equipments. The fourth chapter focuses on Offences and Penalties
and the fifth chapter covers several other miscellaneous provisions.

The Telecom Regulatory Authority of India (TRAI), in its recommendations dated the 5th
August, 2010 on "Implementation of Digital Addressable Cable Systems in India" had, inter
alia, recommended that "digitalization with addressability be implemented on priority in
cable TV services in Non-CAS areas" and, accordingly, recommended a time-frame
comprising four phases for switch over from analog system to the digital addressable system
(DAS) in the cable TV sector. In view of the above-mentioned recommendations of the
TRAI, the Central Government decided to introduce digitalization with addressability in the
cable TV services in a phased time bound manner on a pan India basis, leading to complete
switch off of analog TV services by the 31st December, 2014.

For the implementation of DAS, certain amendments were required to be made in the
aforesaid Act mandating all cable operators to provide programmes of all channels, including
free-to-air (FTA) channels, in an encrypted form through DAS in a phased manner at
specified areas from specified dates to be notified by the Central Government. It is also
mandatory that any such notification should give at least six months time to the cable
operators for being able to install the necessary digital equipments for migration and educate
the subscribers in this area. In order to protect the interest of consumers, it has been proposed
to empower TRAI to specify a package of free-to-air channels, called basic service tier,
which shall be offered by every cable operator to the consumers. It is also necessary that
every cable operator should offer channels in the basic service tier on a la carte (individual)
basis to consumers at a tariff fixed by TRAI.

It has also been considered necessary to carry out certain amendments in the Act for
rectifying certain deficiencies noticed during the operation of the Act for the last fifteen
years. These, inter alia, include systemization of registration of cable operators, providing
right of way to cable operators and permission by public authorities, compulsory
transmission of certain channels, inspection of cable network services, prescription of
interference standards by the Central Government and empowering the TRAI to specify basic
service tier and its tariff. The Act has come into force from 25th day of December 2011.

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 PROVISIONS OF THE ACT

Regulation of Cable Television Network [Chapter II]

The regulation of cable television network under the Act is ensured through a two step
process. In order to keep track of cable operators, it has mandate a compulsory registration
for cable operators. It also lays down provisions to regulate content to be broadcasted by the
cable operator.

 Registration of Cable Operators (Section 3 and Section 4)

In order to regulate cable television networks, it is made mandatory for cable television
network operators to be registered. In order to register, an entity could be
- An Indian citizen
- An association of individuals whose members are Indian citizens
- A company in which not less than 51 per cent of paid up equity share capital is held by
Indian citizens.

The procedure for registration is laid down under Section 4 of the Act. Any person who is
operating or desires to operate a cable network may apply for registration to the registering
authority. On and from the date of issue of notification under section 4A, no new registration
in a State, city, town or area notified under that section shall be granted to any cable operator
who does not undertake to transmit or re-transmit channels in an encrypted form through a
digital addressable system.4

An application for registration of cable operator has to be made along with the payment of
prescribed fee to the head post master within whose territorial jurisdiction the office of cable
operator is situated. On the receipt of the application, the registering authority shall register
the cable operator if it is satisfied that all the information submitted is complete and is in
accordance with the provisions of the Act. The registration certificate is then issued which is
valid for 12 months and can be renewed.5 The registering authority may also refuse the
registration of a cable operator but it has to lay down the reasons for such refusal in writing
and communicate the same to the applicant. The Central Government may prescribe and lay
down the eligibility criteria for the registration of cable operators, having regard to the

4
Section 4-A, Explanation (a), Cable Television Networks (Regulation) Act, 1995; Addressable system is defined as,
"an electronic device or more than one electronic devices put in an integrated system through which signals of a
cable television network can be sent in encrypted or unencrypted form, which can be decoded by the device or
devices at the premises of the subscriber within the limits of authorization made, on the choice and request of
such subscriber, by the cable operator to the subscriber."
5
Cable Television Networks (Regulation) Act, 1995, (April 21, 2:10 PM, 2018), https://cis-
india.org/telecom/resources/cable-television-networks-regulation-act

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 interests of the sovereignty and integrity of India, the security of the State, friendly relations
with foreign States, public order, decency or morality, foreign relation or contempt of court,
defamation or incitement to an offence. The Central Government also has the power to
suspend or revoke the registration of any cable operator if the cable operator violates one or
more of the terms and conditions of such registration.

The Central Government may in the public interest make it obligatory for every cable
operator to transmit or re-transmit programmes of any channel in an encrypted form through
a digital addressable system.6 If the Central Government is satisfied that it is necessary in the
public interest so to do it may also direct the Authority to specify, by notification in the
Official Gazette, one or more free-to-air channels to be included in the package of channels
forming basic service tier and any one or more such channels may be specified, in the
notification, genre-wise for providing a programme mix of entertainment, information,
education and such other programmes and fix the tariff for basic service tier which shall be
offered by the cable operators to the consumers and the consumer shall have the option to
subscribe to any such tier. The cable operator shall also offer the channels in the basic service
tier on a la carte basis to the subscriber.

 Functions of the Cable Operator7(Section 5-10)

1. The cable operator shall not transmit and re-transmit through the cable service any
programme that is not in conformity with the programme code.

The programme code under Rule 6 lays down restrictions on the content of both
programmes that can be shown on cable TV. No programme can be shown that:

 Offends against good taste or decency

 Contains criticism of friendly countries
 Contains attack on religions or communities or visuals or words contemptuous of
religious groups or which promote communal attitudes
 Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and
half truths.
 Is likely to encourage or incite violence or contains anything against maintenance of
law and order or which promote-anti-national attitudes.
 Contains anything amounting to contempt of court
 Contains aspersions against the integrity of the President and Judiciary
 Contains anything affecting the integrity of the Nation

6
Ibid at 5
7
Cable Television Networks (Regulation) Act, 1995, (April 21, 2:42 PM, 2018),
http://www.legalserviceindia.com/helpline/cable.htm

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  Criticises, maligns or slanders any individual in person or certain groups, segments of
social, public and moral life of the country.
 Encourages superstition or blind belief
 Denigrates women through the depiction in any manner of the figure of a women, her
form or body or any part thereof in such a way as to have the effect of being indecent,
or derogatory to women, or is likely to deprave, corrupt or injure the public morality or
morals.
 Denigrates children
 Contains visuals or words which reflect a slandering, ironical and snobbish attitude in
the portrayal of certain ethnic, linguistic and regional groups.
 Is not suitable for unrestricted public exhibition

Case: Pratibha Naithani v. Union of India8

Held: An injunction order was passed restraining all the TV channels from telecasting
any adult TV programme of film without the appropriate certificate from the Central
Board of Film Certification.

Case: Viacom 18 Media Pvt. Ltd. v. Ministry of Information and Broadcasting (Big
Boss Case)9
Held: The programme was challenged to be violative of the Programme code. Thus, the
timings of the show were shifted to 9pm to 11pm, thereby introducing watershed hours
into Indian television. The timings were shifted but the 8 objectionable episodes were
disallowed from being screened on any channel. The court directed the petitioners to
strictly abide by the programme code and refrain from sowing any content which requires
beeping or objectionable gestures.

2. The cable operator shall transmit and re-transmit through the cable service any
programme that is in conformity with the advertisement code.

Rule 7 deals with restrictions on advertisements. The Advertising Code in the Cable
Network Rules says that all advertising carried in the cable service have to conform to the
laws of the country and should not offend morality, decency and religious susceptibilities
of the subscribers. The code says that no advertisement shall be permitted which:

 Derides any race, caste, colour, creed and nationality

 Is against any provision of the Constitution of India
 Tends to incite people to crime, cause disorder or violence, or breach of law or
glorifies violence or obscenity in any way
8
AIR 2006 Bom 259
9
(Unreported)

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  Presents criminality as desirable
 Exploits the national emblem, or any part of the Constitution or the person or
personality of a national leader or a State dignitary
 In its depiction of women violates the constitutional guarantees to all citizens.
 Projects a derogatory image of women. The Rules say that women should not be
portrayed in a manner that emphasises passive, submissive qualities and encourages
them to play a subordinate, secondary role in the family and society. The cable
operator is supposed to ensure that the portrayal of the female form, in the
programmes carried in his cable service, is “tasteful and aesthetic, and is within the
well-established norms of good taste and decency”.
 Exploits social evils like dowry, child marriage.
 Promotes directly or indirectly production, sale or consumption of cigarettes, tobacco
products, wine, alcohol, liquor or other intoxicants, infant milk substitutes, feeding
bottle or infant food.
 The Rules prohibit advertisements that are wholly or mainly of a religious or political
nature or directed towards any religious or political end.
 Contain references that hurt religious sentiments.
 Contain references that are likely to lead the public to infer that the product advertised
or any of its ingredients has some special or miraculous or supernatural property or
quality, which is difficult of being proved.
 Contain pictures and audible matter of the advertisement that are excessively loud
 Endanger the safety of children or creates in them any interest in unhealthy practices
or shows them begging or in an undignified or indecent manner
 Contain indecent, vulgar, suggestive, repulsive or offensive themes or treatment
 Contain advertisements that violate the standards of practice for advertising agencies
as approved by the Advertising Agencies Association of India, Bombay, from time to
time.

3. The cable operator shall maintain a register where the lists of programmes are written
which are transmitted or re-transmitted by him for every month till a year.

4. Every cable operator has a duty to transmit any two Doordarshan Channels to the viewer
through the process of re-transmission through their equipment. The channels shall be re-
transmitted without any deletion or alteration of any programme transmitted on such
channels.

5. Cable operator should take care that the transmission of the cable network does not
interfere the functioning of the authorized telecommunication systems and is in
conformity with such standards relating to interference as may be prescribed by the
Central Government.

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 6. Every cable operator shall provide such information relating to its cable services and
networks at such periodic intervals to the Central Government or the State Governments
or the Authority or their authorized representatives.

 Inspection by the Central Government (Section 10A)

The Central Government or its officers authorized by it or authorized agency shall have the
right to inspect the cable network and services without any prior permission. The inspection
shall be carried out after giving reasonable notice except in circumstances where giving of
such a notice shall defeat the purpose of the inspection. On being so directed by the Central
Government or its authorized officers or agency so authorized by it, the cable operator shall
provide the necessary equipment, services and facilities at designated place or places for
lawful interception or continuous monitoring of the cable service at its own cost by or under
the supervision of the Central Government or its officers or agency so authorized by it.

Seizure and confiscation of certain equipment [Chapter III]

 Power of Seizure and Confiscation (Section 11 and Section 12)

The authorized officer has the power to seize the equipment being used by such cable
operator for operating the cable television network, if he contravenes the provisions of the
Act. Provided that no such seized equipment is to be retained by any officer more than 10
days unless the District Judge has approved for the same in this regard. The equipment seized
shall be liable for confiscation unless the cable operator from whom the equipment has been
seized registers himself under Section 4 of the Act as the cable operator within 30 days.
The cable operator has shall be given notice in writing, informing him the grounds on which
such seizure or confiscation is being made. He would also be given a reasonable opportunity
of being heard against the confiscation. If no notice has been served to the cable operator
within a period of 10 days for the confiscation, then the officer shall be liable to return back
the equipment to the cable operator.10

 Appeals (Section 15)

10
Cable Television Networks Regulation Amendment Act, 2011, (April 21, 6:00 PM, 2018),
https://www.trai.gov.in/sites/default/files/Cable_TV_Amendment_Act_2011_final.pdf

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 If any cable operator is dissatisfied by any decision of the court who is adjudicating a
confiscation of his equipment can appeal to the court to which an appeal lies from the
decision of such court.

The Appellate Court gives an opportunity to the cable operator of being heard and passes
such orders as it thinks fit as the case may be, after taking additional evidence if necessary
and no further appeal shall lie against the order of the appellate authority.

Offences and Penalties [Chapter IV]

 Punishment for the contravention of the Provisions of the Act (Section 16)

If anybody contravenes any provisions of this Act shall be punishable for the first offence
with the imprisonment for a term which may extend to 2 years or with fine which may extend
to Rs.1000 or with both, and for the second offence, the defaulting party is punishable with
imprisonment for a term which may extend to 5 years and with fine which may extend to
Rs.5000.

 Offence by Companies (Section 17)

Where any offence has been committed y the company, then every person in charge of the
company as well as the company shall be guilty of the offence under the Act. But if the
company proves that the offence was committed without the knowledge or it has exercised
all due diligence to prevent the commission of an offence, then the person and the company
shall not be liable.

 Cognizance of offence (Section 18)

The court will take cognizance of the offence punishable under this Act only when the
authorized officer11 makes a complaint in writing.

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Section 2(a): authorized officer means within his local limit of jurisdiction
i a District Magistrate, or
ii a Sub Divisional Magistrate, or
iii a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central
Government or the State Government, to an authorized officer for such local limits of jurisdiction as may be
determined by the Government.

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 CONCLUSION

Rapidly advancing technologies and the booming industry in infotainment has far outpaced
legislation in the broadcasting arena. The response of the legislature has been sorely
inadequate if not muddle-headed and knee-jerk. The government has been conscious of the
need for a law on convergence for several years but has rest content with shop-gap and short-
sighted measures. While TRAI, to whom regulatory powers have been delegated, is with its
technical expertise, in a position to deal with issues of carriage, it is not equipped to deal with
issues of content. This is an area which remains unaddressed and is of pressing relevance.
The content of news and entertainment has a profound impact on social mores and
sensibilities and has the power to mould and manipulate the minds of well over a billion
people. With a broadcasting industry that has gone largely unregulated for years,
consumerism and sensationalisation of news have overtaken newsworthiness and intellectual
debate. While moral policing in the broadcasting industry is undesirable, there must be either
effective self-regulation or, as the Supreme Court directed in the hero cup case, a truly
autonomous regulator – as free from the shackles of government as from private monopolies
and agendas.

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 BIBLIOGRAPHY

 List of Books
 Facets of Media Law by Madhavi Goradia Divan
 Media Law and Ethics by M. Neelamalar
 Cable Television Network (Regulation) Act, 1995
 Cable Television Network Regulation (Amendment) Act, 2011
 All India Reporter

 Sites Referred
 https://lawyerslaw.org/the-cable-television-networks-regulation-act-1995
 https://cis-india.org/telecom/resources/cable-television-networks-regulation-act
 http://www.legalserviceindia.com/helpline/cable.htm
 https://www.trai.gov.in/sites/default/files/Cable_TV_Amendment_Act_2011_final.
pdf

 List of cases
 Shiv Cable TV System v. State of Rajasthan
 Pratibha Naithani v. Union of India
 Viacom 18 Media Pvt. Ltd. v. Ministry of Information and Broadcasting

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