The Cable Television Networks (Regulation) Act, 1995

๐Ÿ”น OBJECTIVES OF THE ACT

Regulate cable television networks across India.

Ensure content broadcast is not harmful to public morality, decency, or security of the state.

Provide for registration of cable operators.

Prevent the broadcasting of content that promotes hatred, violence, obscenity, or communal disharmony.

Protect the interests of viewers, especially children and vulnerable groups.

๐Ÿ”น KEY DEFINITIONS UNDER THE ACT

Cable Operator: A person who provides cable services through a cable television network.

Cable Service: The transmission by cables of programs including re-transmission by cables of any broadcast television signals.

Authorized Officer: An officer authorized by the government to ensure compliance with the Act.

Program Code: A set of rules and standards regarding what can or cannot be shown on cable TV.

Advertisement Code: A set of rules for regulating advertisements shown on cable networks.

๐Ÿ”น IMPORTANT PROVISIONS

๐Ÿ“Œ Section 3 โ€“ No Operation Without Registration

No cable operator can operate without being registered with the authorized government authority.

๐Ÿ“Œ Section 4 โ€“ Use of Standard Equipment

Cable operators must use standard, government-approved equipment for transmission.

๐Ÿ“Œ Section 5 โ€“ Content Restrictions

No program should be transmitted that:

Offends morality or decency.

Contains anything obscene, defamatory, or likely to incite violence or communal disharmony.

Is against the sovereignty and integrity of India.

Is against public order, decency, or morality.

This is guided by the Program Code, which lays down detailed doโ€™s and donโ€™ts.

๐Ÿ“Œ Section 6 โ€“ Advertisement Code

Similar to the Program Code, ads must comply with the Advertisement Code:

Should not offend morality or decency.

Should not promote products like tobacco or alcohol in a misleading way.

Should not ridicule or insult any race, caste, or religion.

๐Ÿ“Œ Section 9 โ€“ Seizure of Equipment

If a cable operator violates provisions of the Act, their equipment can be seized by an authorized officer.

๐Ÿ“Œ Section 11 โ€“ Penalty for Violation

Operators can face imprisonment up to 2 years and/or a fine for not following the provisions.

Repeat offenders can face more severe punishment.

๐Ÿ”น PROGRAM AND ADVERTISEMENT CODE

The codes are part of the Cable Television Network Rules, 1994. These rules provide the detailed guidelines regarding:

What kind of content can be shown.

Restrictions on obscenity, violence, and communal content.

Prohibition of certain advertisements (like those promoting superstitions or black magic).

๐Ÿ”น AMENDMENTS

Over the years, the Act has been amended to keep pace with new technologies (like digitization), and to enhance content regulation. For instance:

2011 Amendment: Mandated digitization of cable services in phases.

New guidelines (like the IT Rules, 2021) also overlap with this Act, especially regarding digital content.

๐Ÿ”น IMPORTANT CASE LAWS

1. S. Rangarajan v. P. Jagjivan Ram (1989)

Though this is before the 1995 Act, it is significant for interpretation:

The Supreme Court held that freedom of expression is not absolute and can be restricted in the interests of public order, decency, or morality.

This principle guides the enforcement of Sections 5 and 6 of the Cable TV Act.

2. Ministry of I&B v. M/S Star India (2006)

Concerned with broadcast of content not suitable for children.

The court supported the government's right to regulate content timing, such as restricting adult content to late-night hours.

3. Indibily Creative Pvt. Ltd. v. Union of India (2021)

This case involved online streaming but referred to Cable TV standards as a benchmark for content regulation.

The court held that online platforms cannot claim absolute freedom, and similar standards should apply.

๐Ÿ”น PRACTICAL IMPACT

Cable operators must be registered and use proper equipment.

They are required to self-monitor content to ensure it complies with the Program and Advertisement Codes.

Government authorities can issue warnings, suspend channels, or even seize equipment.

Channels that violate the Code frequently (such as those showing fake spiritual claims or adult content) have been banned temporarily.

๐Ÿ”น CONCLUSION

The Cable Television Networks (Regulation) Act, 1995 plays a vital role in:

Balancing freedom of speech and expression with social responsibility.

Ensuring that content broadcast on cable TV is appropriate, non-harmful, and within legal and ethical boundaries.

Acting as a tool for government oversight without complete censorship.

It remains a foundational law for media regulation in India, even as digital and streaming platforms continue to grow.

LEAVE A COMMENT

0 comments