Introduction
In our country, broadcasting is one of the most important means of disseminating knowledge and information to the general population. Until recently, there were no strict restrictions governing the airing of content via television.
India desired to establish a national regulatory framework to support its efforts and the common good. The Supreme Court ordered the government to establish an independent autonomous authority that would be free of government control and maintain conditions that would allow everyone to enjoy meaningful and effective freedom of speech and expression.
According to the Supreme Court, “The right to freedom of speech and expression also includes the right to educate, to inform and to entertain and also the right to be educated, informed and entertained.” It increased the scope of the right to free speech and expression, “The government has no monopoly on electronic media and under Article 19(1) (a) a citizen has the right to telecast and broadcast to the viewers through electronic media”.
Around the world, broadcasting is referred to as a central source of news and information. Thus has a tendency to influence the opinions of the general public as a result of this attribute, and it is a target of illegitimate control.
The Cable Networks Act of 1995 and the Prasar Bharti Act of 1990 establish the organisation that oversees and governs India’s media and entertainment industry. The Ministry of Information and Broadcasting and Prasar Bharti are in charge of these.
The Broadcasting sector in India[1]
Today’s Indian mass media includes over 300 TV channels that reach over 112 households, 50,000 newspapers and magazines with a readership of over 250 million, around 300 radio stations, over a thousand feature films produced annually in 18 languages, and a plethora of electronic, print, digital, and telecommunications media. The independent organisation Prasar Bharti manages Doordarshan, the national television network channel with 22 channels, the national broadcaster, and All India Radio. In FY 2020, the Indian Broadcasting and Cable TV market was valued at USD 11.61 billion, and it is expected to grow to USD 19.06 billion by FY 2026.
Cable TV, DTH services, terrestrial services (Doordarshan), Internet Protocol Television (IPTV), and radio all provide broadcasting services in India (FM, AM, Community Radio). Broadcasting regulations are notable for providing signals to distributors without discrimination and for include provisions for national and regional languages. The Indian broadcasting and cable television market is expected to develop at a healthy rate during the projection period, according to current estimates. One of the important reasons supporting the growth of this market is the rising demand for television sets, particularly in rural areas of the country. The entertainment business is expected to boom by 2025, with rising demand for international TV channels and shows pushing the rise of the Indian broadcasting and cable TV markets. The Telecom Regulatory Authority of India (TRAI) sets the rates that television channel consumers and service providers pay in the broadcasting industry. In 2019, the Broadcast Audience Research Council estimated that over 197 million Indian households had access to television. The Union Ministry of Information and Broadcasting (MIB) had approved 920 TV channels as of July 31, 2020. Broadcasters, distributors, and viewers are the three main players in the television broadcast ecosystem. Broadcasters create television material, which is then distributed to customers via one of four technologies: cable, direct to home (DTH), head-end in the sky (HITS), or internet protocol (IPTV).
Broadcasting Laws in India
The government of India had complete control over the broadcast media. Only commercial advertising and programme sponsorships were done by private entities. However, in SECRETARY, MINISTRY OF I & B V. CAB, the Supreme Court emphasised that every citizen has the right to telecast and broadcast to the viewers/listeners any important event through electronic media, television or radio, and that the Government had no monopoly over such electronic media as such monopolistic power. This decision resulted in a significant shift in the broadcast media’s status, and the sector became more accessible to citizens.
Cable Television Networks (Regulation) Act, 1995[2]
The President signed the Cable Television Networks (Regulation) Ordinance, 1994 on September 29, 1994, to establish criteria for the operation of digital television stations in the country. On the seventeenth of January 1995, the President re-proclaimed the Ordinance.
The registration of cable television network providers was made required in order to control the industry.[3] Section 5 of the Act lays out the registration procedure. Anyone who operates or wants to operate a cable network can apply to the registering authority for registration.
Form 1 is used to submit an application for cable operator registration, together with a fee of Rs.50, to the head postmaster whose territorial jurisdiction the cable operator’s office is located. After inspection, the registering authority issues a registration certificate that is valid for 12 months and can be renewed.
In the public interest, the Central Government can compel every cable operator to transmit or retransmit a program[4] from any paid channel via an addressable system. The central government may additionally ‘specify one or more free-to-air channels to be included in the bundle of channels’ in the public interest (basic service tier). At regular intervals, cable operators must inform subscribers of the subscription rates for each pay channel.
Section 11 grants authorised government authorities the authority to take any cable operator’s equipment if they have grounds to believe the cable operator is operating without proper registration.
Offenses under the Act are dealt with in sections 16, 17, and 18. They establish penalties for any act that is in violation of the Act’s requirements.
Direct-to-Home Broadcasting[5]
In India, direct-to-home (DTH) broadcasting refers to the distribution of multi-channel TV programmes in Ku Band via satellite, with TV signals delivered directly to customers’ homes. The broadcasting firm supplies a set that includes a dish and a receiver for DTH connections. The corporation sends out an encrypted signal that can only be received and viewed by the set installed in your home.
DTH provides several advantages, such as eliminating the cable operator, who will provide you with channels of his choosing with no guarantee of quality. Because the signal is not split over a cable, the signal quality is likely to be better in this instance. It is possible to reduce your monthly cable payment by selecting only the signals that are required.
The most significant disadvantage is the upfront capital expense that must be incurred. The cost can be unreasonably high because it requires the installation of a receiving gear at the subscribers’ end.
Cinematograph Act 1952 and the Cinematograph Rules 1983
The Cinematograph Act of 1952 and the Cinematograph Rules of 1983 control the public display of films. The Central Board of Film Certification is a government-run organisation (CBFC). The Program and Advertising Code, which is specified under the Cable Television Network Rules 1994, governs the transmission of films on television, including film songs, promos, music videos, and music albums.
In the case of K.A Abbas against Union of India[6], the Supreme Court addressed the subject of cinema censorship. The Supreme Court and High Courts of several states have dealt with concerns of cinema censorship in India over the years. In the matter of Srishti School of Art, Design, and Technology vs. Chairman, CBFC, the Delhi High Court defined and explained the basic legal principles controlling censorship in March 2011.[7]
The following are the details:
- Obscenity must be measured against the criteria of sensible, strong-willed, resolute, and brave men.[8]
- If challenged, the petitioner (Government) bears the burden of proving obscenity.[9]
- Before deciding whether a particular scene or visual violates any of the rules, the entire film must be seen.[10]
- A film must have a proximate and direct relationship to harming public order in order to be considered endangering public order.[11]
- The courts usually do not intervene with the CBFC’s certification judgement unless it is deemed to be absolutely illogical.[12]
Conclusion
There is no particular legislation that deals with the regulation of foreign-produced programmes; instead, the regulations and codes imposed by domestic legislation apply. The content of such programmes is regulated by the Ministry of Information and Broadcasting and the Telecom Regulatory Authority of India.
The Cable Television Networks (Regulation) Act of 1995 made the 1994 Rules applicable to all cable networks that are downlinked to or uplinked from India, including international programming.
References:
[1] Broadcasting Regulations in India (nja.nic.in)
[2] The issue of transmission and diffusion in television : Cable Television Networks (Regulation) Act, 1995 – iPleaders
[3] Section 4 of the Act: “No person shall operate a cable television network unless he is registered a cable operator under this Act…”
[4] Section 2(g): “programme means any television broadcast and includes –
i exhibition of films, features, dramas, advertisements and serials through video cassette recorders or video cassette player.
[5] Direct-to-home television in India – Wikipedia
[6] 1970 (2) SCC 780
[7] W.P. (C) 6806 of 2010
[8] Observations of Justice Vivian Bose in Bhagwati Charan Shukla vs. Provincial Government, AIR 1947 Nag 1. Approved by Supreme Court in Ramesh v. Union of India, AIR 1988 SC 775, and cited with approval by Delhi High Court in Shrishti School of Art, Design and Technology vs. Chairman, CBFC W.P. (C) 6806 of 2010
[9] Life Insurance Corporation of India vs. Prof. Manubhai D. Shah, (1992) 3 SCC 637
[10] Director General, Directorate General of Doordarshan vs. Anand Patwardhan, AIR 2006 SC 3346
[11] Rangarajan vs. P. Jagjivan Ram, 1989 SCC (2) 574
[12] Bobby Art International vs. Om Pal Singh Hoon, 1996 4 SCC 1
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