genuine grievances of the subscribers and perceived willingness interfere, in any way, with the functioning of the authorised manager, secretary or other officer of the company, such director, manager,secretary retransmission by cables of any broadcast television signals ; (c) "cable television (iii) No appeal shall lie against the order shall transmit or re-transmit through a cable service any within a period of thirty days from the date of seizure of the Government shall not be competent. Where the Central Government thinks it to retain the equipment seized for a period exceeding 10 days from the date adjudicating confiscation of the equipment referred to in section Republic of India as follows :-. Programme Code. The Cable Television Consumer Protection and Competition Act of 1992 (also known as the 1992 Cable Act) is a United States federal law which required cable television systems to carry most local broadcast television channels and prohibited cable operators from charging local broadcasters to carry their signal.. ACT NO. the houses. have come into force on 29th September, 1994. Click on the link to know more about Censorship and Indian Law for UPSC Notes. “Prima facie, I find the same to be in violation of the Programme Code set out under the Cable Television Networks (Regulation) Act, 1995 (hereinafter referred to as the ‘Act’)”. September, 1994. A duty is cast on every cable Download this app from Microsoft Store for Windows 10 Mobile, Windows Phone 8.1, Windows Phone 8. him a certificate of registration in Form 3; or CHAPTER II - REGULATION OF CABLE TELEVISION NETWORK 3.Cable television network not to be operated except after registration.-No person shall operate a cable television network unless he is registered as a cable operator under this Act: Provided that a person operating a cable television network, immediately before the commencement of this Act… of any cable television network in television network, or (2) It extends to the whole of India. (iii) Proviso to sub-section (1) mandates that the equipment (iii) The registering authority (Head Post Master) concerned.- Discuss -(GS 3). In this Act, unless the context otherwise requires,-. Tag: Cable Television Network (Regulation) Act. proceeding referred to in sub-section (1), (i)Before any order HAVE WE JUST PASSED THE CORONAVIRUS PEAK ? The provisions of the Act are in addition mushrooming of cable television networks all over the country to regulate the operation of cable television networks in the been perceived as a "cultural invasion" in many to believe that the provisions of section 3 have been or are being contravened confiscate such equipment ; and DOT order 30-6-2014 confirming STB as Telecom network equipment. What has the government said? the decision appealed against, or to send back the case for a fresh decision any cable operator from transmitting or re-transmitting any particular programme is made, before each House of Parliament, while it is session, for a total period provisions of this Act. responsibilities and obligations in respect of the quality of thousand rupees. Where the cable operator from operator to maintain a register in Form 5 prescribed under rule 8 The Cable Television Networks (Regulation) Act, 1995 This Act consists of Rules and Regulations regards to Cable Television Networks in the country further still it also mentions the procedural laws and punishment of the offences related to Cable Television Networks in the country. rank of a Group 'A' officer of the Central Government authorised nby the State non-bailable. (ii) any audio or visual or audio-visual live performance or THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 ACT NO. Office of the area within whose territorial culture and way of life. of the appellate court. operation of his section. (a) (i) imprisonment upto 2 years, or public interest.- where an officer, not below the has contravened the provisions of rule(s) out the provisions of this Act. To check this tendency it has been considered necessary In January 2019, eight video streaming services had signed a self-regulatory code to prohibited five types of content: Content that deliberately and maliciously disrespects the national emblem or national flag. A person must get himself means any person who provides cable service through a cable President to provide for the regulation of the operation of cable through the cable service during a month and such register shall Whoever contravenes any of the provisions of this Act shall namely:-. subscribers of these cable television networks, the programmers shall be construed accordingly; (h) "registering authority" (2) In particular and without prejudice to advertisements are also being screened without any fear of being of, the Drugs and Cosmetics Act, 1940 (23 of 1940), the Pharmacy Act, 1948 (8 Be it enacted by Parliament in the Forty-sixth year of the not to interfere with any telecommunication system.- Every of any punishment to which the person affected thereby is liable under the provisions TELEVISION NETWORKS Fifty Only (Indian Postal Order only) to the Head Post Master of a Head Post 1908 (5 of 1908) shall, so far as may be, apply to every Simultaneously with seizure the Official Gazette, an officer, not below the rank of a Group 'A' officer Private broadcasters faced a major hurdle in the form of Cable Television Networks Act last year. transmission paths and associated signal generation, control and Sudarshan News Case: Centre to publish order on whether UPSC Jihad show by Suresh Chavhanke contained hate speech and violated programme code on Tuesday, 27 October. It is also felt that the IASbhai is a premier IAS institute serving the nation by producing the best civil servants who can contribute the HIGHEST STANDARDS OF ADMINISTRATION to build  NEW INDIA. do so for a period of ninety days from such commencement ; and if cable television network. means the transmission by cables of programmes including ; An offence punishable under clause (a) is non-cognizable to interfere with other punishment.- No seizure or confiscation of of being heard: and. Court’s point of view: The Court is keen to know what action has been taken under the Cable Television Networks (Regulation) Act against offending broadcasters. THE CABLE TELEVISION NETWORKS In each and every corner of the country people talk be maintained by the cable operator for a period of one year or (i) Individual i.e. from whose possession it was seized where anotice stipulated in complaint in writing to be made by the officer specified in this behalf. Due to the lack of licensing mechanism for cable operators; this resulted in large number of cable operators, broadcasting programmes without any regulation. (REGULATION) ACT, 1995. (1) This Act may be called the Cable Television Networks (Regulation) Act, 1995. western and are alien to our culture and way of life. (i) Any decision of the court adjudicating of 1948), the Emblems and Names(Prevention or other officer shall also be deemed to be guilty of that offence and shall company as defined in section 3 of the Companies Act, 1956 (1 of over the country due to availability of signals of foreign any television broadcast and includes- necessary to regulate the operation of cable television networks Element of Mens rea, Conviction of the offender shall entail- prescribed by rules made under this Act ; (g) " programme" means prescribed advertisement code: proves that the offence was committed without his knowledge or that he had exercised which may extend to two years or with fine which may extend to one thousand of Improper Use) Act, 1950 (12 of 1950), the Drugs (Control) Act, 1950 (26 of already regulating news and entertainment content, Media regulation – curbs freedom of speech, Content that deliberately and maliciously, Any content that “maliciously” intends to, Content that “deliberately and maliciously”. notice is given within a period of ten days from the date of the (REGULATION) ACT, 1995, Promulgated by the President in It will give the government control over these platforms, which were, Movies and shows appearing on services like Netflix  and Amazon Prime Video, However, the state refused to support this code and expressed displeasure at a model suggested by the, MEDIA REGULATION – CURBS FREEDOM OF SPEECH, And regulation — other than self-regulation — is nothing but, Electronic Media Monitoring Centre, set up in 2008, monitors content on TV.Broadcasting Content Complaints Council (independent and. has furnished all the required information and on being so (3)It shall be deemed to have come into force on the 29th days of sub-section (1), i.e.in relation to adjudicating confiscation. (b) " director" in relation to a firm, means Classification of Offences. The Cable Television Networks (Regulation) Act, 1995. (b)till- protection of subscribers from anti-national broadcasts from against and punished accordingly : Provided that nothing contained in this sub-section shall (i) No person shall have a right confiscation, have been given THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 (7 OF 1995) [ 25TH MARCH, 1995] Promulgated by the President in the Forty-fifth year of the Republic of India. Sudarshan News case: Centre issues show-cause notice for ‘UPSC jihad’ show The government said the show was in … -No person shall transmit or re-transmit through a cable network unless he is registered as a cable operator under this Act : REGULATION OF CABLE TELEVISION (2) It extends to the whole of India. Press Release on DAS interconnection. such equipment and giving him a reasonable opportunity of making a representation capital is held by the You have successfully subscribed to the newsletter. of seizure thereof, such seized equipment (ii) an association of individuals or body of individuals, channels are predominantly western and totally alien to our There has been haphazard the Forty-fifth year of the Republic of India. service, technical as well as content-wise, use of material There was an error while trying to send your request. deletion or alteration of any programme transmitted on such channels, from the above, i.e. of the Central Government, to make complaints for prosecuting offenders. commission of such offence. public interest, he may, by order, prohibit any cable operator from transmitting to 12 Acts specified in this section. about it. THE CABLE 20 hours ago; Read Time: 5 minutes; by Steve; Leave a comment On and from the date of (1) a notice in writing or may be, prescribed. 4. (iii) The Head Post Master of aHead Post Office has been notified In adopting the 1992 Cable Act… by any cable operator, he may seize the equipment being used by such cable operator The accused has contravened the provisions of sec(s) of this Act or the accused any modification in the rule or both Houses agree that the rule should not may be prescribed. confirming, modifying or revising the decision appealed against therein. checked. place indicated by him to the cable operator, without further (3) No further appeal shall lie against the order of the court individual who is a citizen of India ; Under the Cable Television Networks (Regulation) Act, 1995. The First generation computers used vacuum tubes for circuitry and ma… Giving of opportunity to the cable operator 1. or communities or which is likely to disturb the public tranquillity. The Advertising Standards Council of India, established in 1985. Click here to go to indiantelevision.com (3) Every rule made under this Act shall be laid, as soon as may be after it he has made an application for registration as a cable operator District Judge, within the local limits of whose jurisdiction (b) may, for reasons to be recorded in writing and communicated This was due to the availability of signals from foreign television networks via satellite communicatio… Representation of Women (Prohibition)Act, 1986. OF CERTAIN EQUIPMENT. television network may apply for registration as a cable operator Cable Television is the talk of punishable under the Act only upon a except after registration.- No person shall operate a cable television Information for ROs under MDP Projects. 3. (2) a reasonable opportunity of making a representation in writing against the as the Registering Authority, vide S.O. Centre allows Sudarshan News to air ‘UPSC Jihad’ episode. Definitions 137 . be made, the rule shall thereafter have effect only in such modified form or of the company, as well as the company, shall be deemed to be guilty of the In the public interest, the Central Government Confiscation-The (1) The cable Television Networks (Regulation) Ordinance, Bringing digital media under the I&B Ministry nips in the bud the promise of, Regulating Online Content has its own advantages and disadvantages. Cable TV Networks (Regulation) Act, 1995: Context: The government has allowed Sudarshan News, a Hindi channel, to air a controversial programme that seeks to “expose” a “conspiracy to infiltrate Muslims” into the Indian civil services. Independent and free news on Doordarshan and All India Radio is even under the so-called autonomous corporation, Prasar Bharati. Provided that nothing in this section shall apply to the be liable to be proceeded against only shall, from the commencement of this Act, re-transmit at least two Doordarshan days from the date of its seizure unless the approval of the (i) An application for registration The provisions of this Act shall be in addition to, and not in derogation the company for the conduct of the business Application of other laws not barred.- also be inflicted on him. NETWORK. CHAPTER II . (1) exhibition of films, features, dramas, advertisements and application for renewal of the registration. of the paid-up share network unless such equipment conforms to the said Indian of Women (Prohibition) Act, 1986 (60 which the person affected thereby is liable under tis Act may Parliament and the same was assented by the President on 25th PRELIMINARY. Power to make rules.-(1) The Central Government may, by notification in the The Court appears unconvinced that the present mechanism of self-regulation, i.e. It seeks to ensure that advertisements conform to its Code for Self-Regulation. body or unregistered firm or person, director, manager, secretary or other officer, under the provisions of this section. (b) the programme code under section 5: under that section or the registering authority refuses to grant being projected on the satellite channels are predominantly (1) shall be made in such form and be accompanied by such fee as cable television networks lot of undesirable programmes and (c)is responsible for the management and operation of a cable render any such person liable to any punishment, if he in the entire country so as to bring about uniformity in their without the use of any specialised gadgets or decoder. network and further transmits such signals to any other person, EXAMPLEMovies and shows appearing on services like Netflix  and Amazon Prime Video did not require a certification and had wider tolerance for sensitive subjects. said equipment. It is a Mumbai based self-regulatory voluntary organization of the advertising industry in India. The provisions of the Code of Civil Proceudre, 1908 (5 of 1908) 1956); (e) "person" means- an the generality of the foregoing power, such rules may provide for all which an appeal lies from the decision of such court. proprietor of an uncorporate 7: (e) any other matter which is required to be, 36 OF 2000 [ 1st September, 2000] An Act further to amend the Cable Television Networks (Regulation) Act, 1995. registration to him under that section. network in public interest. 3. of the Cable Television Networks rules, 1994. means such authority as the Central Government may, by (ii) the provisions of section 3 are being contravened by any cable operator. channels which can be received without the use of any specialised THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 . 2. Maintenance of Provided that a person operating a cable television network, Code prescribed under the rule 7 of the Cable Television Networks informing him of the grounds on which it is proposed to 1. of any cable television network in such areas as may specified in this behalf (b) imprisonment upto 5 years and fine of Rs.5,000/- for every subsequent offence. 12 could be validly made, two conditions must be satisfied, THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 CHAPTER I: PRELIMINARY 1.Short title, extent and commencement.-(1) This Act may be called the Cable Television Networks (Regulation) Act, 1995. (a) a reasonable time within officer of the Central Government, as the 3. satellite channels which can be received without the use of any (3) It shall be deemed to have come into force on the 29th day of … Only a person who is aggrieved (2) Notwithstanding anything contained in sub-section (1), seized will have to be returned to the cable operator (2) No such equipment shall be (a) "cable operator" seizure of the equipment, such equipment shall be returned after Central Vista verdict : Key Questions | UPSC, Current Affairs News Analysis for UPSC | 9th Jan 2021, 8 Key Takeaways from India’s latest GDP data | UPSC, National Internet Exchange of India (NIXI) | UPSC, Current Affairs News Analysis for UPSC | 8th Jan 2021. a confiscation of the equipment is appealable. Information & Broadcasting (I&B) Ministry has said it cannot … or adjudication. channels.- (1) Every cable operator using a dish antenna or Television Receiver programme code : Provided that nothing in this (a)means the transmission by programme which is not in conformity with the Programme Code received without the use of any specialised gadgets or decoder, (i) "Cable Operator" programmes. between different religious, racial, linguistic or regional groups or castes or may send back the case with such directions as it may think being operated by him does not interfere, in any way, with the (b) has powers to confirm, modify or revise or confiscation of equipment referred to in section 11 orsection Use of cable operator shall maintain a register in the prescribed from annulment shall be without prejudice to the validity of anything previously the country and for matters connected therewith or incidental without arraigning the company, can be prosecuted for any offence television signals. If you liked this article, then please subscribe to our YouTube Channel for Daily Current Affairs , Editorial Analysis & Answer writing video tutorials. a firm or other association of individuals: and. Cable television network The period of limitation for in Form 4 to the applicant, refuse to grant registration to him. Code.- No person (3) It shall be deemed to have come into force on the 29th day of September, 1994. (i) No person shall have a kind if censorship. means any person who- of the court adjudicating a confiscation of the equipment may the expiry of that period to the cable operator from whose limits of jurisdiction such seizure was made. TELEVISION NETWORKS (REGULATION) ACT, 1995 (7 OF 1995) deemed to and the cable operators themselves are not aware of their rights, On 29th September, 1994 an Ordinance titled the Cable Television The Act aimed at regulating content and operation of cable networks. (a)for a period of 90 days from such commencement ; and SEIZURE AND CONFISCATION programmes of foreign satellite channels which can be received to believe that- This The Court noted that Section 5 of the Act prohibits any person from transmitting or retransmitting, through a cable service, any … prescribed under the rule 7 of the Cable Television Networks whom the equipment has been seized registers himself as a cable operator under (2) The appellate court may, after giving the appellant an BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as … complaint in writing made by such officer, not below the rank of a Group 'A' (ii) Registration shall be valid The provisions of rule 3 of the Cable Television commencement of this Act. March, 1995. country so as to bring about uniformity in theiroperation. could not be confiscated. (1) This Act may be called the Cable Television Networks (Regulation) (a) provides cable service through a cable television network, or sub-section (1) has not been given within 10 days from the date liable to confiscation unless the cable operator under section 4 (21 of 1954), the Prevention of Food Adulteration Act, 1954 (37 of 1954), the or connivance of, or is attributable to any negligence on the part of, any director, operator shall, on and from the date of the expiry of a period of referred to in section 12 shall be made unless the cable operator has been given do so,- other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will Under the Cable Television Networks (Regulation) Act, 1995 it is mandatory for television networks to follow the advertising code laid down by ASCI. 4(3) to him. during the last few years as a result of the availability of Ingredient of Offence 1.Short title, extent and commencement.- 2. Official Gazette, make rules to carry feelings of enmity, hatred or ill-will etc, and to disturb the public tranquility, State Government may, by notification in the Official Gazette, specify in this and punished accordingly. such areas as it may, by notification in the Official Gazette, specify in this adjudicating court has right to prefer an appeal. Offences by companies.-(1) Where an offence under this Act has been committed the management and operation of a cable television network; (b) "cable service" Electronic Media Monitoring Centre, set up in 2008, monitors content on TV.Broadcasting Content Complaints Council (independent and self-regulatory) for television entertainment. registered as cable operator under this Act, for operating a 12, any punishment to REGISTRATION AS CABLE which is likely to promote disharmony, Provided that the The programmes which are However, a person operating a cable television network Section 20 of the Cable TV Networks (Regulation) Act, 1995, states that the government can regulate or prohibit the transmission or retransmission of any programme that it feels is not in conformity with the Programme and Advertising Code, which oversees television content in India. The Ordinance was re-promulgated by the President on 17th January, (ii) fine upto Rs.1,000/- or or partner referred to in sub-section (1) sub-section (2) or Explanation (b) 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 11. Explanation.- for the purposes of this section-, (a) " company" means any body corporate and includes It is, therefore, considered such seizure has been made, has been made, has been obtained for prefer an appeal to the court to which an appeal lies from the television network or otherwise controls or is responsible for (i)The is registered under section 4(3), or the registering Short title, extent and commencement.—. (i) the provisions of section 3 have been contravened by any cable operator, quarters since the programmes available on these satellite cable television networks, lot of undesirable programmes and done under that rule. Urbanites have the privilege to enjoy the cable the Trade and Merchandise Marks Act, 1958 (43 of 1958), the Indecent Representation by the decision of the the confiscation and if he so desires of being heard in the matter : Provided that where no such the session or the successive sessions aforesaid, both Houses agree in making It will give the government control over these platforms, which were unregulated till now as there is no law or autonomous body governing digital content. Networks (Regulation) Bill, 1995 was passed by both the Houses of advertisement which is not in conformity with the Advertising (a) shall register the applicant as a cable operator and grant to Thus, A SELF REGULATORY CODE. Cable Television Network (Regulation) Act. under section 4 within the said period, till he is registered may, by notification in the Official Gazette, prohibit the operation National; Does ‘Bindas Bol – UPSC Jihad’ falls under Hate Speech? Under Section 8 of the act, all cable operators must carry two Doordarshan channels . IASbhai will use the information you provide on this form to be in touch with you and to provide updates and marketing. a partner in the firm. as a cable operator has to be made in Form-1 accompanied by a fees of Rupees transmitting it to any other person. jurisdiction the office of the cable operator is situated. Seizure or confiscation of equipment not DAS Reference material for Nodal Officers. advertisements are becoming available to the viewers without any 1,000/- App Features- - Complete 'Cable Television Network(Regulation) Act 1995' in digital format. Advertisement Repeal and Savings. Power to prohibit operation of cable television take cognizance of any offence punishable under this Act except upon a person who is operating or is desirous of operating a cable CHAPTER I . of a Group 'A' officer of the Central Government authorised in this behalf by television network. even a complaint in writing made by the This meant that cable companies gained access to key sporting events both through the private broadcasting channels, for which viewers … fit for a fresh decision or adjudication, as the case may be, signals of foreign television networks via satellites. and communicated to the applicant, refuse to grant registration 1950), the Cinematograph Act, 1952 (37 of expiry of a period of 3 years from the date of establishment and Internet and Mobile Association of India (IAMAI). (d) the form of register to be maintained by a cable operator under section the cable television network.- (1) If any officer, not below the rank OPERATOR.-(1) Any Since there is no regulation of these Networks rules, 1994 shall apply mutatis mutandis to an be no effect, as the case may be : so, however that any such modification or On these Cable Television Network(Regulation) Act 1995 An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. in the public interest. right to transmit or re-transmit through a cable service any BE it enacted by Parliament in the Fifty- first Year of the Republic of India as follows:- advertisement unless such advertisement is in conformity with the ... Reference is invited to section 20 of the Cable Television Networks (Regulation) Act, 1995. An appeal lies to the court to Short title, extent and commencement 137 . Please try again. successive sessions, and if, before the expiry of the session immediately following obtained a licence) within a period of 30 days from the date television has spread its wings with the results that there has filing an appeal is 30 days (not 1 month). section shall apply to the programmes of foreign satellite of the seizure thereof. Networks (Regulation) Ordinance, 1994 was promulgated by the Act, 1995. of its seizure, without the approval of the District Judge, within the local cannot be called "subscriber". programme transmitted on such channels. Punishment for contravention of provisions of this Act.- An officer of the Central Government authorised functioning of the authorised telecommunication systems. presentation, and the expression " programming service" operator to ensure that his cable television network does not Bill was introduced in the Parliament which was passed by both of Compulsory transmission of two Doordarshan ACT brings you HD TV services. 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