TELEVISION REGULATION

•Prasar Bharti Act

•Cable Television Networks Act

PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT,1990

An act to provide for the establishment of Broadcasting Corporation of India to be Known as Prasar Bharti

Sec 3(1)With effect from such date as the Central government may by Sec 3(1)With effect from such date as the Central government may by notification appoint in this behalf there shall be established a Corporation for notification appoint in this behalf there shall be established a Corporation for the purpose of this Act To be known as the purpose of this Act To be known as Prasar Bharti Prasar Bharti (Broadcasting (Broadcasting Corporation of India)Corporation of India)

(2)The corporation shall have a (2)The corporation shall have a perpetual succession perpetual succession and a common seal with and a common seal with the power to acquire ,hold and dispose of property and shall by name be sue the power to acquire ,hold and dispose of property and shall by name be sue and be sued.and be sued.

(3)The headquarters of the corporation shall be at (3)The headquarters of the corporation shall be at New Delhi New Delhi and the and the Corporation may establish offices ,Kendra's or stations at other places in India .Corporation may establish offices ,Kendra's or stations at other places in India .

(4)The general superintendence ,direction and management shall vest in (4)The general superintendence ,direction and management shall vest in Prasar Bharti BoardPrasar Bharti Board

(5)The Board shall consists of a (a) chairman (b) One executive members c) (5)The Board shall consists of a (a) chairman (b) One executive members c) one member –Finance (d) one member (personnel ) (e)six part time members one member –Finance (d) one member (personnel ) (e)six part time members (f) Director general akashvani (g) Director general DD (h) one representative of (f) Director general akashvani (g) Director general DD (h) one representative of the Union ministry of Inf and Broadcasting (i) two representatives of the the Union ministry of Inf and Broadcasting (i) two representatives of the employees of the corporation one of whom shall be elected by the engineering employees of the corporation one of whom shall be elected by the engineering staff from amongst themselves and one shall be elected by the other staff from amongst themselves and one shall be elected by the other employees from amongst themselves employees from amongst themselves

Sec 4(1)The chairman and other members shall be appointed by Sec 4(1)The chairman and other members shall be appointed by the the president of India president of India on the recommendation of a committee on the recommendation of a committee consisting of –consisting of –(a) The Chairman of Rajya Sabha who shall be the chairman of (a) The Chairman of Rajya Sabha who shall be the chairman of the committeethe committee(b)The chairman of the Press Council of India (b)The chairman of the Press Council of India (c) one nominee of the president of India(c) one nominee of the president of India

(2)The chairman and the other persons shall be persons of (2)The chairman and the other persons shall be persons of eminence in public lifeeminence in public life. The executive member shall be a person . The executive member shall be a person having special knowledge or practical experience in respect of having special knowledge or practical experience in respect of such matters as administration, management, education, literature such matters as administration, management, education, literature , culture, arts, music, dramatics or journalism. Ther member of the , culture, arts, music, dramatics or journalism. Ther member of the Finance shall be a person having special knowledge in respect of Finance shall be a person having special knowledge in respect of financial matters and the member (Personnel) shall be a person financial matters and the member (Personnel) shall be a person having special knowledge in respect of personnel management having special knowledge in respect of personnel management and administrationand administration

Sec 5 :The executive member shall be the chief executive of the corporation and shall subject to the control and supervision or the board exercise such powers and discharge such functions of the Board as it may delegate to him

Sec 6(1)The chairman shall be a part time member and shall hold office for a term of 6 yrs from the date on which he enters upon the office.

(2)The executive member ,Member (Finance) and the member (personnel) shall be a whole time member and every such member shall hold office for a term of 6 yrs from the date on which he enters upon his office

Sec 9(1)Subject to such control ,restriction and conditions as may be prescribed ,the corporation may appoint after consultation with the recruitment board ,The director general (Akashvani), the Director General (DD), and other such officers and other employees as may be necessary.

(2)The method of such recruitment of such officers and employees and all other matters connected therewith and the conditions of service of such officers and other employees shall be such as may be provided by regulations.

Sec 10(1)The corporation shall as soon as may be ,after the appointed day and in such manner and subject to such conditions and restrictions as may be prescribed establish for the purpose of section 9 one or more recruitment board consisting wholly of persons other than the members ,officers and employees of the corporation.

Sec 12(1)Subject to the provisions of the act ,it shall be the primary duty of the corporation to organize and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television.

(2)The Corporation shall in discharge of its functions be guided by the following objectives namely (a )upholding the unity and integrity of the country and the values enshrined in the Constitution (b)safeguarding the citizen’s right to be informed freely ,truthfully and objectively on all matters of public interest, national or international and presenting a fair and balanced flow of information (c )paying special attention to the fields of education and spread of literacy, agriculture and rural development , environment, health and family welfare and science and technology (d) providing adequate coverage to the diverse cultures and languages (e) providing

Adequate coverage to sports and games so as to encourage healthy competition and spirit of sportsmanship (f) providing appropriate programmes keeping in view the special needs of the youth (g) informing and stimulating the national consciousness in regard to the status and problems of the women and paying special attention to the upliftment of the woman (h) promoting social justice and combating exploitation in equity and such evils as untouchability and advancing the welfare of the weaker sections of the society (i) safeguarding the rights of the working classes and advancing their welfare (j0serving the rural and weaker sections of the people (k) providing suitable programmes keeping in view the special needs of the minority and tribal communities (l) taking special steps to protect the interests of the children, the blind, the aged ,the handicapped and other vulnerable sections of the society (m )promoting national integration by broadcasting in a manner that facilitates communication in the languages of India (n) providing comprehensive broadcast coverage through the choice of the appropriate technology and the best utilization of the br4oadcast frequencies to ensure high quality reception(0)promoting research and development activities in order to ensure that radio and television broadcast technology are constantly updated (p) expanding broadcast facilities by establishing additional channels of transmissions.

Sec 14(1)

There shall be established by notification as soon as may be after the appointment day, a council to be known as Broadcasting Council ,to receive and consider complaints and to advice the Corporation in the discharge of it’s functions in accordance with the objectives.

(2)The Broadcasting Council shall consist of –

1.The president and ten other members to be appointed by the President of India from amongst persons of eminence in public life.

2.Four members of the Parliament of whom two from the House of people to be nominated by the Speaker thereof and two from the Council of states to be nominated by the Chairman thereof.

3.The President shall be a whole time member and every other member shall be a part time member and the President or the other part time member shall hold office as such for a term of three yrs .

Sec 16:As from the appointed day –

(a) All property and assets which immediately before the day vested in the central govt for the purpose of Akashvani and DD or both shall stand transferred to the Corporation on such terms and conditions as may be determined by the Central government

Sec 31(1)The corporation shall prepare once in every year in such form and within such time as may be prescribed an annual report giving full account of its activities (including recommendations and suggestions and action taken thereon )during the previous year and copies thereof shall be forwarded to the central govt and the govt shall cause the same to be laid before each house of the parliament.

(2)The Broadcasting Council shall prepare once in every calendar year ,in such form and within such time as may be prescribed an annual report giving a full account of its activities during the previous year and copies thereof shall be forwarded to the central govt and it may in turn place it to each house of the parliament.

CABLE TELEVISION NETWORKS (REGUALTION) ACT,1995

An act to regulate the operation of cable television network in the country and for matters connected therewith or incidental thereto

Sec 3:No person shall operate a cable television network unless he is registered as a cable operator under this act.

Sec 4(1)Any person who is operating or desires of operating a cable television network may apply for registration as a cable operator to the registering authority

4(2) Any application under sub section 1 shall be in form and be accompanied by such fee as may be prescribed.

4(3)On receipt of application ,the registering authority shall satisfy itself that the applicant has furnished all required information and on being so satisfied ,register the applicant as a cable operator and grant to him a certificate of such registration.

Sec (5)No person shall transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code.

Sec (6)No person shall transmit or retransmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code.

Sec 7:Every cable operator shall maintain a register in the prescribed form indicating therein brief , the programmes transmitted or retransmitted through the cable service during a month and such register shall be maintained by cable operator for a period of one year after the actual transmission or re transmission of the said programmes.

Sec 8: Every cable operator shall from the commencement of this act, retransmit at least two national channels and one regional language channel of state in the prime band of DD.

Sec 8(2):The DD channels referred to in sub sec(1) shall be retransmitted without any deletion or alteration of any programmes transmitted in such channels

Sec 8(3):The prasar bharati may by notification in the official gazette specify the number and name of every DD channel to be retransmitted by cable operators.

Sec 9:No cable operator registered as a cable operator under this act shall use any equipment in his cable television network unless such equipment conforms to the standards of Bureau of Indian Standard

Sec 10: Every cable operator shall ensure that the cable television network being operated by him does not interfere ,in any way with the functioning of the authorized communication system

Sec (11)If an officer of the Government duly authorized for this purpose has reasons to believe that any operator is violating the provisions he may seize the cable operator’s equipment.

Sec 11(2) :No such equipment shall be retained by the authorized office for a period exceeding 10 days from the date of its seizure unless the approval of the District Judge ,within the local limits of whose jurisdiction such seizure has been made.

Sec 12 :The equipment seized under sec (11) shall be liable to confiscation unless the cable operator from whom the equipment has been seized registers himself as a cable operator under sec 3 within a period of 30 days from the date of seizure off said equipment

Sec 13:No seizure or confiscation of equipment referred to in sec 11 or sec 12 shall prevent the infliction of any punishment to which this person is liable.

Sec 14:No order adjudicating confiscation of the equipment referred to in sec 12 shall be made unless the cable operator has been given a notice in writing

Sec 14(2) : Provided that where no such notice is given within a period of 10 days from the date of seizure of the equipment ,such equipment shall be returned after expiry of that period to the cable operator from whose possession it was seized.

Sec 15(1):Any person aggrieved by any decision of the court adjudicating a confiscation of the equipment may prefer an appeal to the court

Sec 15(2): The appellate court may after the appellant an opportunity of being heard , pass such orders as it thinks fit confirming , modifying or revising the decision.

Sec 15(3):No further appeal shall lie against the order of the court.

Sec 16:Whoever contravenes any of the provisions of the act shall be punishable –

1(a) for the first offence ,with imprisonment for a term which may extend to two yrs and two thousand rupees fine or both.

(b)For the second or subsequent offence with imprisonment which may extend to five yrs or with fine which may extend to ten thousand rupees or both.

Sec 17:Where an offence under this act has been committed by a company ,every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the buisness of the company shall be deemed to be guilty to the offence.

Sec 19: Where an authorized officer thinks it necessary or expedient so to do in public intrest ,he may by order prohibit any cable operator from transmitting or retransmitting any programme or channel if it is not in confirmity with the prescribed programme code or advertising code and likely to promote disharmony and feelings of enemity or disturb public tranquility.

Sec 20:Where the central govt.thinks it necessary so to do in public interest it may prohibit the operation of any cable television network in such areas as may be specified in the notification.

3 SUCCESIVE AMENDMENTS WERE BROUGHT ABOUT TO INCLUDE SEVERAL POINTS OF CONCERN

(3)The central government may specify the number of free to air channels to be included in the package of channels forming the basic service tier and different numbers may be specified for different states, cities, towns or areas as the case may be.

(4)The central government shall specify the maximum amount which a cable operator may demand from the subscriber for receiving the programmes transmitted in the basic service tier provided by such cable operator.

(7)Every cable operator shall publicise,in the prescribed manner to the subscribers the subscription rates and the periodic intervals at which such subscriptions are payable for receiving each pay channel provided by such operator

(9)Every cable operator shall submit a report to the central government in the prescribed form and manner containing the information regarding-

1.The number of total subscribers

2.The subscription rates

3.Number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of programmes transmitted on pay channel.

In respect of cable services provide by such cable operator through a cable television network. Such report shall be submitted periodically at such intervals as may be prescribed and shall also contain the rate of amount ,if any payable by the cable operator to any broadcaster.