UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY, CHANDIGARH

PROJECT REPORT
(SUBJECT: RTI AND MEDIA LAWS)

TOPIC: BROADCASTING MEDIA WITH

SPECIAL REFERENCE TO THE CABLE
TV REGULATORY ACT, 1995

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UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY, CHANDIGARH

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Table of Contents
MEANING OF BROADCASTING 5
HISTORICAL DEVELOPMENT OF BROADCASTING MEDIA IN INDIA 5
RIGHT TO BROADCAST 7
DOORDARSHAN: Prasar Bharati (Broadcasting Corporation of India) Act, 1990 8
Broadcasting Council 8
Code of Conduct 8
CABLE TV REGULATION ACT, 1995 9
BACKGROUND 9
OBJECT OF THE ACT 9
Regulation of Cable Television Network 10
Registration of Cable Operators 10
Content Regulation 11
The Programme Code (contained in Rule 6 of Cable Television Network Rules 1994) 11
The Advertisement Code (contained in Rule 7 of Cable Television Network Rules 1994)
12
Offences and Penalties 14
2003- Amendment to the Cable Television Networks (Regulation) Act, 1995 (Amendment Act) 15
RELATED JUDICIAL PRONOUNCEMENTS 16
ADVERTISING 17
Advertising Standards Council of India 18
Laws impacting advertisements 18
Limits on duration of advertisements 18
The other legislations affecting the area of advertising 19
SELF-REGULATORY BODIES FOR REGULATION OF PROGRAMMES - INDIAN BROADCASTING
FOUNDATION 20
PROGRAMMES ON NEWS AND CURRENT AFFAIRS TELEVISION CHANNELS 21
News Broadcasters Association 21
News Broadcasting Standards Regulations 21
Direct-to-Home Broadcasting 22
CONCLUSION 22

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INTRODUCTION

In this age of media explosion, one cannot simply remain confined to the boundaries of the
traditional media. The media world has expanded its dimensions by encompassing within
its orbit, the widening vistas of cyber media etc. As a consequence, the laws governing them
are also numerous. It is not within the scope of this Article to deal with the whole subject of
media laws, but this project report makes a person aware of the various important
legislations regarding broadcasting media (i.e Cable TV Network Regulations Act, 1995 and
Prasar Bharti Act, 1990), making him aware of his rights and facilitating him to exercise
them within the framework of law existing in India.

MEANING OF BROADCASTING

"Braodcasting" means the transmission of audio and video signals using electromagnetic
waves, such as radio waves. Transmission can take place through satellites or terrestrial
microwave transmitters and be further distributed through wired network. 1

HISTORICAL DEVELOPMENT OF BROADCASTING MEDIA IN INDIA

There was Telegraph Act of 1876, which was revised in 1885. This Act continued to operate
till date. The broadcast media was under complete monopoly of the Government of India. It
was in 1926 that regular broadcasting service in India took shape for the first time in the
form of agreement between the Government and a private Company called the Indian
Broadcasting Company Ltd. Before that date, there were number of Radio Associations
1
Prasar Bharti (Broadcasting Cooperation of India) Act 1990 defines broadcasting thus: "Broadcasting means the
dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by
transmission of electro-magnetic waves through space or through cables intended to be received by the general
public either directly or indirectly through the medium of relay stations and all its grammatical variations and
cognate expressions shall be construed accordingly."

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which had been permitted to broadcast on very low power in various parts of the country
and were granted a proportion of license fee. Under this agreement Bombay and Calcutta
Stations were constructed. After a short life of 3 years, this broadcasting company failed in
India. In response to the popular demand the government decided to acquire the assets of
Company and run two stations at Calcutta and Bombay. Its management was placed under
the department of Industries and Labour. Broadcasting was made a Ferderal Subject, with
the policy controlled by Centre.

From June 1936 onwards ALL INDIA RADIO was adopted as principal name which was
conversion of Indian State Broadcasting Service. The radio station of Mysore, set up in 1936
was named AKASHVANI. Gradually it became synonym for ALL INDIA RADIO. Thus A.I.R.
took second position.

On September 15, 1959 an experimental Television Service of All India Radio was
inaugurated in Delhi by then President of India, Dr. Rajendra Prasad. This pilot project had
the purpose of ‘experimentation, training and evolution’. TV Service entered Space Age on
1st August 1975 when US owned satellite 6 was made available to India by NASA for
Satellite Instructional Television Experiment (SITE) Programme. The Nation gradually
became self-reliant after its 1st Indian National Satellite (INSAT-1A) launched from Cap
Kennedy on April 10, 1982.

The expansion of TV was under the roof of A.I.R., which led to the emergence of
Doordarshan. Earlier, private organizations were involved only in commercial advertising
and sponsorships of programmes. However, in Secretary, Ministry of I&B v. CAB2, the
Supreme Court clearly differed from the aforementioned monopolistic approach and
emphasized that, every citizen has a right to telecast and broadcast to the viewers/listeners
any important event through electronic media, television or radio and also provided that
the Government had no monopoly over such electronic media as such monopolistic power
of the Government was not mentioned anywhere in the Constitution or in any other law

2
1995 AIR 1236.
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prevailing in the country. This judgment, thus, brought about a great change in the position
prevailing in the broadcast media, and such sector became open to the citizens.

The Broadcasting Code, adopted by the Fourth Asian Broadcasting Conference in 1962
listing certain cardinal principles to be followed by the electronic media, is of prime
importance so far as laws governing broadcast medium are concerned. Although, the
Broadcast Code was chiefly set up to govern the All India Radio, the following cardinal
principles have ideally been practiced by all Broadcasting and Television Organization;
viz:-
Ø To ensure the objective presentation of news and fair and unbiased comment
Ø To promote the advancement of education and culture
Ø To raise and maintain high standards of decency and decorum in all programmes
Ø To provide programmes for the young which, by variety and content, will inculcate the
principles of good citizenship
Ø To promote communal harmony, religious tolerance and international understanding
Ø To treat controversial public issues in an impartial and dispassionate manner
Ø To respect human rights and dignity

RIGHT TO BROADCAST

The notion of 'free speech and expression' under Article 19(1)(a) of the Constitution has
evolved continuously, expanding and adopting to keep pace with the exponential advances
in technology which have revolutionalised the means by which information is imparted and
recieved. The right of freedom of speech and expression extends to all available means of
communication and expression.

This is recognised in LIC v. Manunhai D. Shah3, where the subject matter of the challenge
was Doordarshan's refusal to telecast a documentary film on the Bhopal Gas disaster titled
Beyond Genocide. Doordarshan refused to telecast the film on various grounds: the film was

3
(1992) 3 SCC 637
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outdated; it had lost its relevance; it lacked moderation and restraint; it was not fair and
balanced; political parties were raising various issues concerning the tragedy; claims for
compensation by the victims were sub judice; the film was likely to create commotion in an
already changed atmosphere; and the film critcised the action of the State Government.
Upholding the right to broadcast, the Supreme Court held that Doordarshan, a State
controlled agency that depended on public funds, was not entitled to refuse to telecastof
the film since it was not able to make out valid grounds under Article 19(2).

In the Hero Cup case4, the Supreme Court held that broadcasting is a means of
communication and a medium of speech and expression within the framework of Article
19(1)(a). This case involved the rights of a cricket association to grant telecast rights to an
agency of its choice. It was held that the right to entertan and be entertainedthrough the
broadcasting are an integral part of the freedom under Artcile 19(1)(a). Circulation and
dissemination of information is an importnat part of the freedom, and TV, which reaches
out to the widest available audinece, is an essential means of communication.

DOORDARSHAN: Prasar Bharati (Broadcasting Corporation of India) Act, 1990

The Prasar Bharati, a Government of India undertaking has been established under the
Prasar Bharati (Broadcasting Corporation of India) Act, 1990 ("PB Act"). The Prasar
Bharati operates a number of channels under the umbrella of 'Doordarshan'. The PB Act
prescribes that it shall be the primary duty of Prasar Bharati to conduct public
broadcasting services to inform, educate and entertain the public and to ensure a balanced
development of broadcasting on TV.

Broadcasting Council

The PB Act also provides for establishment of Broadcasting Council, to receive and
adjudicate complaints regarding a programme for contravention of any of the objectives for
which the Prasar Bharati has been established. The Broadcasting Council is also to advise

4
(1995) 2 SCC 161: AIR 1995 SC 1236
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the Prasar Bharati in the discharge of its functions. However, the Broadcasting Council has
not been constituted till date.

Code of Conduct

Doordarshan has its own code of conduct relating to broadcasting, social objectives and
advertisements for production, transmission and telecast of programmes on Doordarshan.

The All India Radio and Doordarshan Broadcasting Code is applicable on the programmes
transmitted on Doordarshan and prohibits criticism of friendly countries; attack on
religions or communities; obscenity; defamation; incitement to violence; anything against
maintenance of law and order; anything amounting to contempt of court; and anything
affecting the integrity of the nation etc.

Further, general rules for commercial advertising on Doordarshan have been set-forth in
its own code of conduct for advertising, which provides that no advertisement shall be
accepted in case it violates the All India Radio and Doordarshan Broadcasting Code.

CABLE TV REGULATION ACT, 1995

BACKGROUND

Before the introduction of cable television in India, broadcasting was solely under the
control of the State. The Government of India was caught unprepared with the emergence
of cable networks and broadcasting through satellites in the early 1990s. The Government
was not able to put a check on transmission and broadcast of television through foreign
satellites.

The necessity of procuring licence for operating cable networks was first mentioned by the
Rajasthan High Court in the case of Shiv Cable TV System v. State of Rajasthan 5. In this case,
the district magistrate ordered a ban on cable networks as they were being operated
without licence. Subsequently the order of the district magistrate was challenged in the

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5
AIR 1993 Raj. 1997

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Rajasthan High Court on the ground that the order was in violation of fundamental right to
freedom 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
licence 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.

OBJECT OF THE ACT

The object of the Act was to regulate the ‘haphazard mushrooming of cable television
networks’. Due to the lack of licensing mechanism for cable operators; this resulted in large
number of cable operators, broadcasting programmes without any regulation. The Act
aimed at regulating content and operation of cable networks. This was due to the
availability of signals from foreign television networks via satellite communication. The
access to foreign television networks was considered to be a “cultural invasion” as these
channels portrayed western culture. It also wanted to lay down the "responsibilities and
obligations in respect of the quality of service both technically as well 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 interests".
Cable Television Networks (Regulation) Act, 1995 basically regulates the operation of
Cable Television in the territory of India and regulates the subscription rates and the total
number of total subscribers receiving programmes transmitted in the basic tier.

There were three amendments made to the Act. The Act is 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". The fifth chapter covers other miscellaneous
provisions.

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Regulation of Cable Television Network

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

In order to regulate cable television networks, it was made mandatory for cable television
network operators to be registered. 6 Procedure for registration is laid down in section 5 of
the Act. Any person who is operating or desires to operate a cable network may apply for
registration to the registering authority.

An application for registration of cable operator has to be made under Form 1 along with
the payment of fees of Rs.50 to the head post master within whose territorial jurisdiction
the office of cable operator is situated. The registration certificate which is issued by the
registering authority after inspection is valid for 12 months and can be renewed.

The registering authority may also refuse the registration of a cable operator. The reason
for such refusal has to be recorded in writing and communicated to the applicant.

Section 4A was inserted into the Act by the TRAI (Amendment) Act, 2002. Section 4A deals
with the "transmission of programmes through addressable system". [Refer to section on
“2003- Amendment to the Cable Television Networks (Regulation) Act, 1995 (Amendment
Act)"].

Content Regulation
The Central Government, in public interest can put an obligation on every cable operator to
transmit or retransmit a programme 7 of any pay channel through addressable system. In
public interest the central government may also ‘specify one or more free-to-air channels

6
Section 4 of the Act: "No person shall operate a cable television network unless he is registered a cable operator
under this Act..."
7
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;ii any audio or visual or audio-

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visual live performance or presentation and the expression “programming service” shall be construed accordingly.

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to be included in the package of channels’ (basic service tier). The Central Government may
also, in public interest specify the maximum amount which can be charged by the operator
to the subscriber for receiving the programmes transmitted in the basic service tier
provided by such cable operators. The cable operators have to publicize to subscribers the
subscription rates of each pay channel at regular intervals.

Sections 5 and 6 of the Act deal with advertisement code and programme code. All cable
services should be in conformity with the codes. Thus, the Cable Act mandates that all
programmes telecasted on TV channels and transmitted or retransmitted through the cable
TV network, must adhere to the Programme Code and Advertising Code (collectively
"Codes"). These Codes have been prescribed under the Cable Television Networks Rules,
1994 ("Cable Rules") and provide for a list of parameters to regulate programmes and
advertisements on Television.

The Programme Code (contained in Rule 6 of Cable Television Network Rules 1994)

No programme should be carried in the cable service which offends against good taste or
decency; contains criticism of friendly countries, contains attack on religious or
communities or visuals or words contemptuous of religious groups which promote
communal attitudes, contains anything obscene, defamatory, deliberate, false and
suggestive innuended and half truths, is likely to encourage or incite violence or contains
anything against maintanence of law and order or with promote anti-national attitutes,
contains anything amounting to contempt of Court, contains dispersions againt integrity of
the President and judiciary or the Nation, criticises, maligns or slanders any individual in
person or certain groups, segments of social, political and moral life of the country,
encourages superstition or blind belef, denigrates women in a way as to have an efect of
being indecent 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, which

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contravenes the provisions of the Cinematograph Act 1953, should not suitable for
unrestricted public exhibition.8

Interalia-

● No adult film or a film bearing an 'A' certificate can be shown on cable TV at any
time.
● 'U/A' films can be shown only late at night.9

The Advertisement Code (contained in Rule 7 of Cable Television Network Rules

1994)

'Advertisement' is a public notice or announcement of a thing. 10 Advertising carried in the

cable service should be so designed as to conform to the laws of the country and should not
offend morality, decency and religious susceptibilities of the subscribers.

Interalia-

● There is a prohibition of advertisement with a religious or political object. 11 The

Code provides that the goods and services advertised shall not suffer any defect or
deficiency under the Consumer Protection Act, 1986.12
● It prohibits advertisement which promote 'directly or indirectly' the producation,
sale or consumption of cigarettes, tobacco products, wine, alcohol, liquor or other
intoxicants, infant milk substitutes, feeding bottles or infant foods.13
● It also provides a cap on time to be spent on showing advertisements, a stipulation
of 12 minutes of advertising for one hour of programming.14

8
Sama, Dr. Uma, 'Law of Electronic Media', Deep and Deep Publications, New Delhi, 2007, p. 179.
9
Rule 6(1)(o), Cable Television Network Rules 1994.
10
Wharton's 'Law Lexicon', Reprint Ed. 1976, at 34.
11
Rule 7(3), Cable Television Network Rules 1994.
12
Rule 7(4), Cable Television Network Rules 1994.
13
Rule 7(2), Cable Television Network Rules 1994.
14
Rule 7(11) , Cable Television Network Rules 1994.

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● Women must not be portrayed in a manner that encourages them to play a

subordinate, secondary role in the family and society.15

The content on non-news and current affairs channels is governed by a statute and
committees formed by the Ministry of Information and Broadcasting ("MIB"). Further,
certain self-regulations have also been framed by industry bodies.

Inter-Ministerial Committee

The MIB has constituted an Inter-Ministerial Committee ("IMC") to look into the violations
of the Codes. The IMC may initiate action either suo moto or whenever a violation is
brought to the notice of the MIB.

Electronic Media Monitoring Centre

The MIB established the Electronic Media Monitoring Centre ("EMMC") for effective
monitoring of content of various TV channels for violation of the provisions of the Codes,
Cable Act, Cable Rules or any other laws of India. The EMMC monitors channels and reports
violations to a committee of the MIB for scrutiny, which then examines the purported
violations and forwards its findings to the IMC for further action.

State-level and District-level Monitoring Committees

State-level Monitoring Committees ("State Committees") and District-level Monitoring

Committees ("District Committees") have been constituted by the MIB to enforce the Cable
Act. The MIB has clarified that in case of a complaint concerning content carried locally, the
District Committee itself may decide whether the same constitutes a violation or not.
Whereas, in case the complaint pertains to national or regional satellite channels, the
District Committee may forward its recommendations to the IMC, through the State
Committee.

15
Rule 7(2)(vi), Cable Television Network Rules 1994.
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Under section 7, cable operators have to maintain a register as to the content transmitted
or retransmitted. All cable operators shall compulsorily re-transmit Doordarshan channels.

Section 9 of the Act mandates ‘use of standard equipment in cable television network’. It is
the duty of the cable operator to make sure that the cable television networks do not
interfere with authorized telecommunication systems.

Offences and Penalties

Section 11 gives power to the authorized government authority to seize any cable
operator’s equipment, if such officer has reason to believe that the cable operator is using
the equipment without proper registration.

Sections 16, 17 and 18 of the Act deal with offences under the Act. They lay down
punishments for any act which is in contravention with the provisions of the Act.

Section Ingredients of the Offence Penalty/ Fine

For the first offence: Imprisonment for a term which

may extend to 2 years or with fine which may extend
Anyone who is held to be in
to Rs. 1000 or with both.
16 violation of the provisions of
this Act For every subsequent offence: Imprisonment for a
term which may extend to 5 years and with fine
which may extend to Rs. 5000.

Section 17 deals with when an offence under this Act is committed by a company; in this
case the person in charge will be liable.

The Act also gives power to the authorized officer16 to prohibit the transmission of certain
programmes in public interest under section 19 of the Act.

16
Section 2(a): authorized officer means within his local limit of jurisdictioni a District Magistrate, orii a Sub
Divisional Magistrate, oriii 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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Under section 20 of the Act, the Central Government in public interest may prohibit the
operation cable television network. The Central Government may make such an order in
the interest of the (i) sovereignty and integrity of India; or (ii) security of India; or (iii)
friendly relations of India with any foreign state; or (iv) public order, decency or morality.

2003- Amendment to the Cable Television Networks (Regulation) Act, 1995

(Amendment Act)
Numerous complaints were received by the Government stating that there has been
unreasonable price hike in cable television by the cable operators. Moreover, the cable
operator were not paying appropriate revenue by concealing there income and under-
reporting their income. The cable operators defended themselves by stating that the
broadcasting industry is unregulated and they are forced to increase the price for proving
cable television services as the broadcasting companies can increase the charges as per
their wish. In order to address these problems, the government appointed a specialized
task force.

Special task force in its study noted that the consumers do not have the choice to select the
premium channels they wanted to watch rather it is provided to them in a bundle
irrespective of the fact they want to subscribe to such channel or not. In order to give
choice to the consumer it recommended the introduction of conditional access systems
(CAS). This would require the consumers to set up set-top boxes which will allow the
consumers to view all the free to air channel and he can choose to watch any of the premier
channels for a charge.

This recommendation of the task force was introduced through the 2003 amendment to
the Act. The main objective of the Amendment Act was to address to the frequent and
arbitrary increase in cable charges. This was introduced section 4A which allowed
operators to transmit pay channels through an addressable system 17 apart from basic
package of free-to-air channels.

17
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
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There was a lot controversy with respect to implementation of the CAS. In order to explain
the controversy, it is important to understand the structure of the cable market. The cable
market is divided into three categories. Broadcasters, who are at the top of the pyramid,
the Multi-System Operators are in the middle and the local cable operators are at the
bottom of the pyramid.

The 2003 Amendment introduced to CAS was welcomed by the broadcasters and the MSOs.
But the consumer and the local cable service providers were unhappy with this decision
because the consumers feared that they have to pay special rates for pay channels whereas
the local operators were outraged because they believed that CAS would affect their
revenue. Due to the adverse reaction from the consumers and the local cable operator, the
government delayed the implementation of CAS indefinitely. This finally culminated in a
case18 before the Delhi High Court.

The Delhi High Court decided that implementation of CAS cannot be delayed. Subsequently
to this, the government announced in 2004 that Telecom Regulatory Authority of India
(TRAI) will be handling the problems regarding CAS and make recommendations on the
same. TRAI recommended that CAS should be denotified and it can be re-introduced later
when there is adequate regulation to properly implement it.

The government on the recommendation of TRAI withdrew the implementation of CAS.

However, this decision was faced with a new challenge 19 and this time the single judge
bench of the Delhi High Court held that the Government does not have any ground to
suspend the CAS and it has disregarded the previous decision of the Delhi High Court in Jay
Polychem case. Finally, the government re-introduced CAS but after issuing rules as to its
working and implementation.

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 authorisation made, on the choice and request of such
subscriber, by the cable operator to the subscriber."
18
Jay Polychem v. Union of India, (2004) IV AD 249 (Del).
19
Hathaway Cable Datacom v. Union of India, 128 (2006) DLT 180.
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RELATED JUDICIAL PRONOUNCEMENTS

In 2009, the Ministry of Information and Broadcasting issued a show-cause notice to Star
Plus for allegedly violating the Programme Code for the show Sach ka Saamna, based on the
American reality show The Moment of Truth, on the ground that it was offensice to good
taste and decency. However, the petitions failed as a Division Bench of the Delhi High Court
held that the judicary is not the vehicle to deal with individual morality but it is the job of
Parliament to do so. In such cases, people must be permitted to exercise individual choices
and if such a show was to be banned, it could be done by Government alone. 20

In Viacom 18 Media Private Limited v. Ministry of Information and Broadcasting 21 (Big Boss
Case), a TV channel challenged an order issued by the Ministry of Information and
Broadcasting alleging that the show Big Boss was violative of the Programme Code. The
order directed the channel to shift the timings of the show from prime time to post 11 p.m.
Pursuent to the orders of the High Court, the Ministry issued a notice to the channel lsiting
8 episodes which were regarded as offensive. The court eventually allowed the show to be
aired between 9 p.m. to 11 p.m., but disallowed the 8 objectionable episodes from being
screened on any channel.

Thus, the programme code and advertising code given in the Rules are very comprehensice
and fulfilled the Constitutional obligation which reflects our ethics based cultural heritage.

Interestingly, under the Cable Act, there is no power to take action against TV channels or
broadcasters but only cable operators.

ADVERTISING

Advertising communication is a mix of arts and facts subservient to ethical principles. In

order to be consumer-oriented, advertisement will have to be truthful and ethical. It should

20
Divan, Madhavi Goradia, 'Facets of Media Law', Eastern Book Company, Lucknow, Ed. 2 (2015), pp. 507,508
21
Unreported
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not mislead the consumer. If it so happens, the credibility is lost.

In order to enforce an ethical regulating code, the Advertising Standards Council of India
was set up. Inspired by a similar code of the Advertising Standards Authority (ASA) UK,
ASCI follows the following basic guidelines in order to achieve the acceptance of fair
advertising practices in the interest of the consumer: -

● To ensure the truthfulness and honesty of representations and claims made

by advertisements and to safe guard against misleading advertising;
● To ensure that advertisement are not offensive to generally accepted standards of
public decency;
● To safeguard against indiscriminate use of advertising for promotion of products
which are regarded as hazardous to society or to individuals to a degree or of a
type which is unacceptable to society at large; and
● To ensure that advertisements observe fairness in competition so that the
consumers need to be informed on choices in the market places and canons of
generally accepted competitive behaviour in business are both served.
● The advertisement content is not governed by any specific statute and is self-
regulated by the code of conduct framed by an industry body as well as other
applicable central and state legislations.

Advertising Standards Council of India

In the absence of a statutory framework, advertisements are regulated by a self-regulatory

organization, Advertising Standards Council of India ("ASCI") which has prescribed a code
for self-regulation ("ASCI Code"). The ASCI functions to ensure the truthfulness of
representations and claims by advertisements and ensures that advertisements are not
offensive to generally accepted standards of public decency. It is necessary for the
advertisers to ensure that advertisements conform to the ASCI Code.

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The ASCI also safeguards against indiscriminate use of advertising for promotion of
products, hazardous to society or individuals or those which are unacceptable to the society
at large.

Laws impacting advertisements

Besides the ASCI Code, Cable Act and Cable Rules, certain provisions regulate the form or
content of an advertisement. Legislations such as Drugs and Cosmetics Act, 1940; Drugs and
Magic Remedies (Objectionable Advertisements) Act, 1954; Emblems and Names Act, 1950;
Patents Act, 1970; Trademarks Act, 1999 and Copyright Act, 1957 etc. contain provisions
having an impact on advertisements relating to the subject matter of these legislations. The
ASCI Code and machinery is intended to complement legal controls and not to usurp such
other provisions of law.

Limits on duration of advertisements

The Telecom Regulatory Authority of India ("TRAI") has issued the Standards of Quality of
Service (Duration of Advertisements in Television Channels) Regulations, 2012, which caps
the time for advertisements. An ad-cap has been placed on broadcasters limiting
advertisements to 12 minute per hour. However, these regulations have been challenged
and the matter is presently sub juidice.

Few Complaints filed with ASCI

# HLL’s Clinic All Clear Dandruff shampoo claimed that it had ZPTO, the special ingredient
in Clinic All Clear that stops dandruff. This claim was found to be untrue since ZPTO is a
micro biocide, when in reality, dandruff is known to be caused by several other factors,
besides, microbes. HLL’s multi-crore research wing ‘clearly overlooked’ this aspect. The
advertisement has been withdrawn.
# Novartis India claimed that their disposable contact lenses ensure there is no protein
build-up. This claim was found to be totally false. The truth is that build up is a natural
biological phenomenon with all contact lenses. The ad was discontinued.

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The other legislations affecting the area of advertising

Drug and Magic Remedies (Objectionable Advertisement) Act, 1954

This Act has been enacted to control the advertisements of drugs in certain cases and to
prohibit the advertisement for certain purposes of remedies alleged to possess magic
qualities and to provide for matters connected therewith.
In Hamdard Dawakhana v. Union of India22 the Supreme Court was faced with the question
as to whether the Drug and Magic Remedies Act, which put restrictions on the
advertisements of drugs in certain cases and prohibited advertisements of drugs having
magic qualities for curing diseases, was valid as it curbed the freedom of speech and
expression of a person by imposing restrictions on advertisements. The Supreme Court
held that, an advertisement is no doubt a form of speech and expression but every
advertisement is not a matter dealing with the expression of ideas and hence
advertisement of a commercial nature cannot fall within the concept of Article 19(1)(a).
However, in Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd23, a three judge bench of the
Supreme Court differed from the view expressed in the Dawakhana case and held that
‘commercial advertisement’ was definitely a part of Article 19(1)(a) as it aimed at the
dissemination of information regarding the product. The Court, however, made it clear that
the government could regulate commercial advertisements, which are deceptive, unfair,
misleading and untruthful.

Monopolies and Restrictive Trade Practices Act, 1969:

Section 36 A of the Act deals with 5 major Unfair Trade Practices: -

● Any misleading, false, and wrong representation either in writing (i.e. in

advertisements, warranty, guarantee etc.) or oral (at the time of sale) actual or

22
1959 SCR 12.
23
1995 AIR 2438, 1995 SCC (5) 139.
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intended, even if actual injury or loss is not caused to the consumer/buyer

constitutes as unfair trade practices;
● Sales, where there is element of deception;
● All business promotion schemes announcing ‘free gifts’, ‘contests’, etc. where any
element of deception is involved;
● Violation of laws existing for protection of consumers;
● Manipulating sales with a view to raising prices.
Parle’s mango drink ‘Maaza’ gave the advertisement of Maaza mango and the MRTP issued
a notice against Parle Exports Pvt. Ltd. The advertisement implied that the soft drink was
prepared from fresh mango while actually preservatives were added to it. The company
had to suspend production pending enquiry.

SELF-REGULATORY BODIES FOR REGULATION OF PROGRAMMES - INDIAN

BROADCASTING FOUNDATION

Indian Broadcasting Foundation ("IBF") adopted the Self-Regulation Guidelines for General
Entertainment and Non-News and Current Affairs TV channels ("Self-Regulation
Guidelines") and the Content Code and Certification Rules 2011 ("Content Code") for the
broadcasting sector. The guidelines are applicable to all non-news broadcast programmes
on TV, regardless of the media of transmission, which could be cable, terrestrial, satellite,
Direct to Home (DTH), Internet Protocol Television (IPTV), Mobile or Headend in the Sky
(HITS) operators. The guidelines, however do not cover films or any other production,
which requires a certificate under the Cinematograph Act, 1952.

The Self-Regulation Guidelines and Content Code set out principles, guidelines and ethical
practices to guide the service providers to conform to the Programme Code. The Self-
Regulation Guidelines provide that care and sensitivity should be observed to avoid
offending the audience and reasonable steps are to protect minors.

The Self-Regulation Guidelines provide for setting up a 'Standards and Practices

Department' at the individual TV channel level to deal with the complaints received for
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content aired on its channels. Further, the Broadcasting Content Complaints Council
("BCCC") has been established at the industry level. A complaint may be filed against any
programme broadcast on any TV channel within 14 days from the first broadcast. The
BCCC may also initiate suo moto proceedings against any programme broadcast on a non-
news and current affairs TV channel.

PROGRAMMES ON NEWS AND CURRENT AFFAIRS TELEVISION CHANNELS

The content on news and current affairs channels is not governed by any specific statute
and is rather self-regulated by code of conduct and regulations framed by an industry body.

News Broadcasters Association

The News Broadcasters Association ("NBA") is a self-regulatory association representing

the 'news and current affairs' broadcasters. The NBA has formulated the Code of Ethics and
Broadcasting Standards ("NBA Code"). The NBA Code provides for the principles to be
adhered to by the news channels. It emphasizes that the news channels operate as trustees
of public and must recognize the special responsibility in their operations. Further, the NBA
Code lays down that the broadcasters shall ensure that they do not select news for the
purpose of either promoting or hampering either side of any controversial public issue.

News Broadcasting Standards Regulations

The NBA also laid down the News Broadcasting Standards Regulations ("NBSR"), under
which it constituted the News Broadcasting Standards Authority ("NBSA") as the disputes
adjudication body and to enforce the NBA Code. The NBSA functions to ensure the
compliance of the NBA Code by broadcasters, television journalists and news agencies. The
NBSA is required to improve the standards of broadcast and the independence of
broadcasters. However, the jurisdiction of the NBSA is restricted only to members of NBA.

Direct-to-Home Broadcasting

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Direct-to-Home (DTH) Broadcasting Service, refers to distribution of multi-channel TV

programmes in Ku Band by using a satellite system and by providing TV signals directly to
the subscribers’ premises without passing through an intermediary such as a cable operator.
The Union Government has decided to permit Direct-to-Home TV service in Ku band in
India.24

CONCLUSION

Considering the above it can be understood that the framework for the regulation of
content on TV comprises of (i) statutory enactments; (ii) self-regulatory mechanism; and
(iii) code of conducts framed by various industry bodies for regulating certain aspects. The
self-regulatory mechanism has been prescribed by various industry bodies and
associations and besides prescribing code of conduct, the mechanism also provides for
establishing complaint redressal mechanism at different levels. Also the Cable TV Network
Regulation Act, 1995 and Prasar Bharti Act, 1990 are two important regulator statutes of
India.

24
The prohibition on the reception and distribution of television signal in Ku band has been withdrawn by the
Government vide notification No. GSR 18 (E) dated 9th January 2001 of the Department of Telecommunications.
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BILBLIOGRAPHY

Divan, Madhvi, ‘Facets of Media Law’, Eastern Book Company, Lucknow, Ed. 1st, 2006.

Sama, Dr. Uma, 'Law of Electronic Media', Deep and Deep Publications, New Delhi, 2007.

WEBLIOGRAPHY

www.Cis-india.org, Last visited on 13th December, 2020.

www.legalseviceindia.com, Last visited on 14th December,2020.

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