Indian laws about broadcasting industry

BROADCASTING LAW IN INDIA

Meaning
Dissemination/Spreading of any form of communication like signs, signals,
writing, pictures, images and sounds of all kinds
by transmission of electromagnetic waves through space or through cables
intended to be received by the general public either directly or indirectly

It is the distribution of audio and video content to a dispersed audience via any audio or visual mass
communication medium

It was first adopted by early radio engineers from Midwestern United States

The Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 defines
Broadcasting under Section 2 (1) (b) as:

assembling and programming any form of communication content, like signs, signals, writing,
pictures, images and sounds, and either placing it in the electronic form on electro-magnetic
waves on specified frequencies and transmitting it through space or cables to make it
continuously available on the carrier waves, or

continuously streaming it in digital data form on the computer networks, so as to be accessible

to single or multiple users through receiving devices either directly or indirectly

In India Broadcasting is regulated by Prasar Bharati (Broadcasting Corporation of India) Act, 1990.

It is a legislation to provide for the establishment of Broadcasting Corporation of India, to be known

as Prasar Bharati. Prasar Bharati (Broadcasting Corporation of India) Act, 1990 - an Act to
provide for establishment of BCI to be known as Prasar Bharti and to define its composition,
functions and powers

PB (BCI) est u/s.3 a body corporate, having perpetual/everylasting/unending succession and a

common seal

BCI has power to acquire, hold and dispose of property, both movable and immovable

Section 2 (c) of the Act defined Broadcasting

The broadcast media was under complete monopoly of the Government of India. Private organizations were
involved only in commercial advertising and sponsorships of programmes. However, in SECRETARY, MINISTRY
OF I & B V. CAB, 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 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 buy 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:
To promote the advancement of education and culture
To raise and maintain high standards of decency and decorum in all programmes
To promote communal harmony, religious tolerance and international understanding
To treat controversial public issues in an impartial and dispassionate manner
To respect human rights and dignity
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. In pursuance of the Cable Television Network (Regulation)
(Amendment) Bill, 2002, the Central Government may make it obligatory for every cable operator to transmit or
retransmit programme of any pay channel through an addressable system as and when the Central Government
so notifies. Such notification may also specify the number of free to air channels to be included in the package of
channels forming the basic service tier.
Direct-to-Home Broadcasting Direct-to-Home (DTH) Broadcasting Service, refers to distribution of multichannel 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.
Film India is one of the largest producers of motion pictures in the world. Encompassing three major spheres
of activity production, distribution and exhibition, the industry has an all-India spread, employing
thousands of people and entertaining millions each year. The most important law in force regulating the making
and screening of films is:
The Cinematograph Act, 1952 The Cinematograph Act of 1952 has been passed to make provisions for a
certification of cinematographed films for exhibitions by means of Cinematograph. Under this Act, a Board of
Film Censors (now renamed Central Board of Film Certification) with advisory panels at regional centres is
empowered to examine every film and sanction it whether for unrestricted exhibition or for exhibition restricted to
adults. The Board is also empowered to refuse to sanction a film for public exhibition.
In K. A. Abbas v. Union of India, the petitioner for the first time challenged the validity of censorship as violative
of his fundamental right of speech and expression. The Supreme Court however observed that, pre-censorship of
films under the Cinematograph Act was justified under Article 19(2) on the ground that films have to be treated
separately from other forms of art and expression because a motion picture was able to stir up emotion more
deeply and thus, classification of films between two categories A (for adults only) and U (for all) was brought
about.
Furthermore, in Bobby Art International v. Om Pal Singh Hoon, the Supreme Court re-affirmed the aforementioned view and upheld the order of the Appellate Tribunal (under the Cinematograph Act) which had
followed the Guidelines under the Cinematograph Act and granted an A certificate to a film.
PURPOSE:
The Prasar Bharati Act ,1990

The Prasar Bharati Act ,1990 was passed to provide for the establishment of a
Broadcasting Corporation for India, to be known as Prasar Bharati. It says that
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.

The Bill is to provide for an independent authority to be known as the

Broadcasting Authority of India which is for the purpose of facilitating and
regulating broadcasting services in Ind

The Cable Television Networks Rules, 1994

The Cable Television Networks

Rules, 1994

The National Security Act, 1980

The National Security Act, 1980

Almost everybody in the country is familiar with the cable television. It has
been spreading its wings from the initial urban cities, right to the remote
villages. There has been a haphazard mushrooming of cable television
networks all over the country due to the availability of signals of foreign
television networks via satellites. To check the screening of undesirable
programmes and advertisements which are screened on these channels and to
regulate the operation of the cable television networks in the country, so as to
bring uniformity in their functioning, the Cable Television Networks
(Regulation) Act was passed in both the Houses of the Parliament.

The Sports Broadcasting Signals (Mandatory Sharing with Prasar

Bharati) Act, 2007
Section 3: Mandatory sharing of certain sports broadcasting
signals
the content rights owner or holder & no TV or radio broadcasting service
provider shall carry a live TV broadcast on any cable or Direct- to-Home
network or radio commentary broadcast in India of sporting events of
national importance,
unless it simultaneously shares the live broadcasting signal, without its
advertisements, with the Prasar Bharati to enable them to re- transmit the
same on its terrestrial networks and
Direct- to- Home networks
In Secretary, Ministry of Information & Broadcasting v. Cricket Association
of Bengal, (1995 (2) SCC 161)
SC right to freedom of speech and expression includes the right to
telecast and broadcast the cricket matches. This right belongs to a
particular organization which purchases it. It can
choose any broadcasting media to telecast the matches

 What distinguishes the electronic media from other print media is that it
has both audio and visual content
In Odyseey Communications Pvt Ltd v. Lok Vidayan Sangathana, (1988 (3)
SCC 410) matter related to telecasting of serial Honi Anhonee
Bombay HC granted stay order restraining Doordarshan from telecasting
certain episodes of this serial
Objection that it was likely to spread false or blind beliefs among the
members of the public
Doordarshan pleaded that they had exhibited the serial after following the
prescribed procedure and taking necessary precautions

MAIN LAW
Cable Television Networks (Regulation) Act, 1995 as amended. Cable Television
Networks Rule 1994 as amended. Telecom Regulatory Authority of India Act.
1997 as amended. Prasar Bharti (Broadcasting Corporation of India) Act 1990
as amended. Sports Broadcasting Signal (mandatory Sharing with Prasar
Bharti) Act. 2007. Policy Guidelines for uplinking from India as amended in
2011. Policy Guidelines for downlinking of Television Channels as amended in
2011 Guidelines for obtaining DTH license. The Telegraph Act. 1885. 2nd
Amendment to Cable Television Networks(Regulation) Act 1995, mandating total
digitalization in all Cable Networks by Dec 2014.

Critically Analysis of Broadcasting Right and Control

Mechanism over it in the Light of Article 19 of the Indian Constitution
Media is the most effective and important source of knowledge to the people, we
called it as a fourth pillar of the democratic nation. Most instant and effective way of
publication and distribution of news are TV channels, which now a days overcome by
competitive market in the field of media broadcasting. With the development of
communication technology and public interest in large various TV channels emerged
as
the
competitive
business
in
Indian
Broadcasting
media.
Television media is one of the recent concepts in the field of broadcasting media.
At starting to television broadcasting, as early as in 1980s only Doodarshan, which
was state own broadcasting media was available, but in the course of technological
developments Television media converted into large number of private television
channels which now provide for the broadcasting of various news reports and other
entertainment
programmes
for
24
hours
non-stop
service.
In 1990s 24 hours News channels provided news to the Indian audience or Indian
peoples in Hindi, Marathi, English and many more regional languages provided the

continue services. Now in 2000 there is lot off competitive market in news media
coverage and they provided every second news for better competence, they
provided the every second news of happening of event and government working.
The government for the regulation of the Broadcasting they firstly attempt to
regulate the non-government broadcast media focused on cable operators resulted
into
cable
The
Television
Networks
(Regulation)
Act,
1995.
Regulation is required as there is the emergence of large number of competition so
as to save from the unauthorized and unlawful use of media. The broadcasting
develops as one of the Fundamental Rights provided in Part III vide Article 19 of the
Indian Constitution. It provides the right to speech and expression which directly
reflect the right to publication and circulation of ones own views in the public with
certain restrictions which are provided in the Article 19(2). Freedom of Speech and
Expression broadly means opinions and owns feeling expressed by words, mouth,
writings, printings, pictures or any other mode of communication. It includes the
expression of ones ideas through any communicable media or visible
representation, which also called broadcasting. The freedom of propagation of idea is
secured
by
freedom
circulation.
Its means every citizen has right to broadcast his article, book, painting and own
views through various broadcasting media like T.V. channels, FM radio, news papers,
magazine, mobile networks etc. This right is also regulated by Supreme Court
through its various decisions also has extend the scope of freedom of speech
and expression. One of the important decisions related to publication is LIC of India v.
Manubhai D. Shah . In this case it was held that the LIC magazine is regulated by
public fund and therefore its refusal to publish the respondents rejoinder was unfair
and unreasonable and arbitrary and was violative of Article 19(1) (a) of the
Indian Constitution.
In another landmark judgment of Secretary, Ministry of Information and Broadcasting
v. cricket Association of Bengal, in that case the Supreme Court held that the Right to
Freedom of Speech and Expression includes the right to telecast and broadcast the
matches and this right belongs to the organization, which cannot be interfered by
any one. The organization is free to choose any agencies or broadcasting media
which
it
thinks
appropriate
to
telecast
the
matches.
Broadcasting media must be under control of public. In land mark judgment
delivered in the year 1995 it was held that, the primary purpose of all broadcasting
media is only for the public interest. Airways frequencies are the public property.
Their use must be controlled and regulated by public authority in public interest to
prevent
the
invasion
of
this
right.
This media provided the circulation and distribution of news and views directly into
the public at large, it is vary dangerous to safety and security of nation as well as
public morality any obscene and scandalous statement will affect the peace and
security of the state or society, so that it must be regulated and controlled over
broadcasting
media.

Example:-1) 26/11 attack of Mumbai at hotel Taj. During that attack, media
broadcast live coverage of every action of the Indian defense side and live
movement of Taj which in turn helped the terrorist to known the every plan of the
Government
which
posed
threat
to
security
of
State.
At the top of the hierarchy of control of the broadcasting media is the Ministry of
Information and Broadcasting, which regulates the broadcasting through various
rules and regulations. Ministry of Information and Broadcasting controls through its
sub authorities for the effective mechanism to regulate broadcasting. In which there
is Prasar Bharti for broadcasting and censer board to regulate motion picture in India,
under which there are many organizations which control broadcasting media in
regional levels. In recent development to control broadcaster from unauthoriesed
and uncensored broadcasting is Broadcasting Content Compliant Council (BCCC)
under control of Indian Broadcasting Federation (IBF). This authority receives the
complaints from the people against uncensored seen on television network and
punishes
to
those
TV
channels
who
violet
the
rule.
Broadcasting is part of right to freedom of speech and expression provided
by Article 19(1) of the Indian Constitutionand various Supreme Court decision like
Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal.
Through this judgment, the Supreme Court provided that, the Air space is not the
monopoly of the Government; it is used for public interest. Like wise many decisions
of the Supreme Court provide that the broadcasting media is right for public interest.
But due to the competition in the broadcasting market the TV channels are large in
number and try to compete with each other, so they are used to Broadcast
uncensored scenes and unauthorized scene also the scenes, which harm the security
of the nation. Therefore there must be a proper regulation and control over
broadcasting
media
through
effective
mechanism.
Sum
up:
Broadcasting media is the emerging market in the television broadcasting media
there for it competition is increase day by day that greatly affect the public morality
and security of state by Broadcasting uncesor scene and unauthorized which is harm
to security of state for this it must be regulate and controlled. Thought it is right
emerged under the Article 19 of the India constitution but it must regulate through
effective legislation. Present legislation and authority are not effective as to control
Broadcasting
media.
*************
1.India
v.
Manubhai
D.
Shah
2.
AIR
1992
3
SC
637
3.
AIR1995
2
SC
161
Mr. Mahesh R. Halde LL.M And Miss. Priya S. Dhanokar LL.M (S.G.B Amravati
University)
The author can be reached at: maheshhalde@legalserviceindia.com