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 2

TABLE OF CONTENTS

Introduction Page 4

General Rule of Pleadings: Page 9-22

Rule 1 Page 9-10

Rule 2 Page 10-12

Rule 3 Page 12

Rule 4 Page 13

Rule 5 Page 14
 3

Rule 6 Page 14

Rule 7 Page 14

Rule 8 Page 14

Rule 9 Page 14

Rule 10 Page 15

Rule 11 Page 15

Rule 12 Page 15

Rule 13 Page 15

Rule 14 Page16

Rule 15 Page16

Rule 16 Page 16-17

Rule 17 Page 17-22

Rule 18 Page 22

Conclusion Page 23

Bibliography Page 24
 4

INTRODUCTION

BROADCASTING MEANING IN GENERAL

broad•cast

v. -cast -cast•ed, -cast•ing, v.t.

1. to transmit (programs) from a radio or television station.
2. to speak, perform, or present on a radio or television program.
3. to cast or scatter abroad over an area, as seed in sowing.
4. to spread widely; disseminate.
v.i.
5. to transmit programs or signals from a radio or television station.
6. to make something known widely; disseminate something.
 5

7. to speak, perform, or present all or part of a radio or television program.

n.
8. something that is broadcast.
9. a single radio or television program.
10. a single period of broadcasting.
11. a method of sowing by scattering seed.
adj.
12. (of programs) transmitted from a radio or television station.
13. of or pertaining to broadcasting.
14. cast abroad or all over an area, as seed scattered widely.
adv.
15. so as to reach or be cast abroad over a wide area.

THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT, 1990

Chapter II PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA)

"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;

Section 14 - Establishment of Broadcasting Council, term of office and removal, etc., of

members thereof (1) There shall be established, by notification, as soon as may be after the
appointed day, a Council, to be known as the Broadcasting Council, to receive and consider
complaints referred to in section 15 and to advise the Corporation in the discharge of its
functions in accordance with the objectives set out in section 12.

(2) The Broadcasting Council shall consist of - (i) a President and ten other members to be
appointed by the President of India from amongst persons of eminence in public life ; (ii) four
Members of Parliament, of whom two from the House of the People to be nominated by the
Speaker thereof and two from the Council of States to be nominated by the Chairman thereof.

(3) The President of the Broadcasting Council shall be a whole-time member and every other
member shall be a part-time member and the President or the part-time member shall hold
office as such for a term of three years from the date on which he enters upon his office.

(4) The Broadcasting Council may constitute such number of Regional Councils as it may deem
necessary to aid and assist the Council in the discharge of its functions.

(5) The President of the Broadcasting Council shall be entitled to such salary and allowances
and shall be subject to such conditions of service in respect of leave, pension (if any), provident
fund and other matters as may be prescribed : Provided that the salary and allowances and the
 6

conditions of service shall not be varied to the disadvantage of the President of the
Broadcasting Council after his appointment.

(6) The other members of the Broadcasting Council and the members of the Regional Councils
constituted under sub-section (4) shall be entitled to such allowances as may be prescribed.

Section 15 - Jurisdiction of, and the procedure to be followed by, Broadcasting Council

(1) The Broadcasting Council shall receive and consider complaints from –

(i) any person or group of persons alleging that a certain programme or broadcast or the
functioning of the Corporation in specific cases or in general is not in accordance with the
objectives for which the Corporation is established ;

(ii) any person (other than an officer or employee of the Corporation) claiming himself to have
been treated unjustly or unfairly in any manner (including unwarranted invasion of privacy,
misrepresentation, distortion or lack of objectivity) in connection with any programme broadcast
by the Corporation.

(2) A complaint under sub-section (1) shall be made in such manner and within such period as
may be specified by regulations.

(3) The Broadcasting Council shall follow such procedure as it thinks fit for the disposal of
complaints received by it.

(4) If the complaint is found to be justified either wholly or in part, the Broadcasting Council
shall advise the Executive Member to take appropriate action.

(5) If the Executive Member is unable to accept the recommendation of the Broadcasting
Council, he shall place such recommendation before the Board for its decision thereon.

(6) If the Board is also unable to accept the recommendation of the Broadcasting Council, it
shall record its reasons therefor and inform the Broadcasting Council accordingly.

(7) Notwithstanding anything contained in sub-sections (5) and (6), where the Broadcasting
Council deems it appropriate, it may, for reasons to be recorded in writing, require the
Corporation to broadcast its recommendations with respect to a complaint in such manner as
the Council may deem fit.

Freedom Of Speech And Expression

 7

Speech is God's gift to mankind. Through speech a human being conveys his thoughts,
sentiments and feeling to others. Freedom of speech and expression is thus a natural right,
which a human being acquires on birth. It is, therefore, a basic right. "Everyone has the right
to freedom of opinion and expression; the right includes freedom to hold opinions without
interference and to seek and receive and impart information and ideas through any media and
regardless of frontiers" proclaims the Universal Declaration Of Human Rights (1948). The
people of India declared in the Preamble of the Constitution, which they gave unto themselves
their resolve to secure to all the citizens liberty of thought and expression. This resolve is
reflected in Article 19(1) (a) which is one of the Articles found in Part III of the Constitution,
which enumerates the Fundamental Rights.
Man as rational being desires to do many things, but in a civil society his desires have to be
controlled, regulated and reconciled with the exercise of similar desires by other individuals. The
guarantee of each of the above right is, therefore, restricted by the Constitution in the larger
interest of the community. The right to freedom of speech and expression is subject to
limitations imposed under Article 19(2).

Meaning And Scope

Article 19(1)(a) of Indian Constitution says that all citizens have the right to freedom of speech
and expression. Freedom of Speech and expression means the right to express one's own
convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode.
It thus includes the expression of one's idea through any communicable medium or visible
representation, such as gesture, signs, and the like. This expression connotes also publication
and thus the freedom of press is included in this category. Free propagation of ideas is the
necessary objective and this may be done on the platform or through the press. This
propagation of ideas is secured by freedom of circulation. Liberty of circulation is essential to
that freedom as the liberty of publication. Indeed, without circulation the publication would be of
little value. The freedom of speech and expression includes liberty to propagate not one's views
only. It also includes the right to propagate or publish the views of other people; otherwise this
freedom would not include the freedom of press.
Freedom of expression has four broad special purposes to serve:
1) It helps an individual to attain self-fulfillment.
2) It assists in the discovery of truth.
3) It strengthens the capacity of an individual in participating in decision-making.
4) It provides a mechanism by which it would be possible to establish a reasonable balance
between stability and social change.
5) All members of society would be able to form their own beliefs and communicate them freely
to others
In sum, the fundamental principle involved here is the people's right to know. Freedom of
speech and expression should, therefore, receive generous support from all those who believe
in the participation of people in the administration. It is on account of this special interest which
society has in the freedom of speech and expression that the approach of the Government
 8

should be more cautious while levying taxes on matters of concerning newspaper industry than
while levying taxes on other matters.

Explaining The Scope Of Freedom Of Speech And Expression Supreme Court Has Said
That The Words "Freedom Of Speech And Expression" Must Be Broadly
Constructed To Include The Freedom To Circulate One's Views By Words Of Mouth
Or In Writing Or Through Audiovisual Instrumentalities. It Therefore Includes The
Right To Propagate One's Views Through The Print Media Or Through Any Other
Communication Channel E.G. The Radio And The Television. Every Citizen Of This
Country Therefore Has The Right To Air His Or Their Views Through The Printing
And Or The Electronic Media Subject Of Course To Permissible Restrictions
Imposed Under Article 19(2) Of The Constitution.

Freedom to air one's view is the lifeline of any democratic institution and any attempt to
stifle, suffocate or gag this right would sound a death knell to democracy and would help
usher in autocracy or dictatorship. The modern communication mediums advance public
interest by informing the public of the events and development that have taken place and
thereby educating the voters, a role considered significant for the vivacious functioning of a
democracy. Therefore, in any setup more so in a democratic setup like ours, broadcasting of
news and views for popular consumption is a must and any attempt to deny the same must be
frowned upon unless it falls within the mischief of Article 19(2) of the Constitution.
The various communication channels are great spreaders of news and views and make
considerable impact on the minds of readers and viewers and our known to mould public
opinion on vitals issues of national importance. The freedom of speech and expression
includes freedom of circulation and propagation of ideas and therefore the right extends to
the citizen to use the media to answer the criticism leveled against the views propagated by
him. Every free citizen has undoubted right to lay what sentiments he pleases. This freedom
must, however, be exercised with circumspection and care must be taken not to trench on the
rights of other citizens or to jeopardize public interest.

Grounds Of Restrictions
Clause (2) of Article 19 contains the grounds on which restrictions on the freedom of speech
and expression can be imposed-
1) Security of State: Under Article 19(2) reasonable restrictions can be imposed on freedom
of speech and expression in the interest of security of State. The term "security of state"
refers only to serious and aggravated forms of public order e.g. rebellion, waging war against
the State, insurrection and not ordinary breaches of public order and public safety, e.g.
unlawful assembly, riot, affray. Thus speeches or expression on the part of an individual,
which incite to or encourage the commission of violent crimes, such as, murder are matters,
which would undermine the security of State.
 9

2) Friendly relations with foreign states: This ground was added by the constitution (First
Amendment) Act, 1951. The object behind the provision is to prohibit unrestrained malicious
propaganda against a foreign friendly state, which may jeopardise the maintainance of good
relations between India, and that state. No similar provision is present in any other
Constitution of the world. In India, the Foreign Relations Act, (XII of 1932) provides
punishment for libel by Indian citizens against foreign dignitaries. Interest of friendly
relations with foreign States, would not justify the suppression of fair criticism of foreign
policy of the Government.
It is to be noted that member of the commonwealth including Pakistan is not a "foreign state"
for the purposes of this Constitution. The result is that freedom of speech and expression
cannot be restricted on the ground that the matter is adverse to Pakistan.
3) Public Order: This ground was added by the Constitution (First Amendment) Act. 'Public
order' is an expression of wide connotation and signifies "that state of tranquility which
prevails among the members of political society as a result of internal regulations enforced
by the Government which they have established."
Public order is something more than ordinary maintenance of law and order. 'Public order' is
synonymous with public peace, safety and tranquility. The test for determining whether an
act affects law and order or public order is to see whether the act leads to the disturbances of
the current of life of the community so as to amount to a disturbance of the public order or
whether it affects merely an individual being the tranquility of the society undisturbed.
Anything that disturbs public tranquility or public peace disturbs public order. Thus
communal disturbances and strikes promoted with the sole object of acausing unrest among
workmen are offences against public order. Public order thus implies absence of violence and
an orderly state of affairs in which citizens can peacefully pursue their normal avocation of
life. Public order also includes public safety. Thus creating internal disorder or rebellion
would affect public order and public safety. But mere criticism of government does not
necessarily disturb public order. In its external aspect 'public safety' means protection of the
country from foreign aggression. Under public order the State would be entitled to prevent
propaganda for a state of war with India.
The words 'in the interest of public order' includes not only such utterances as are directly
intended to lead to disorder but also those that have the tendency to lead to disorder. Thus a
law punishing utterances made with the deliberate intention to hurt the religious feelings of
any class of persons is valid because it imposes a restriction on the right of free speech in the
interest of public order since such speech or writing has the tendency to create public
disorder even if in some case those activities may not actually lead to a breach of peace. But
there must be reasonable and proper nexus or relationship between the restrictions and the
achievements of public order.
4) Decency or morality: The words 'morality or decency' are words of wide meaning.
Sections 292 to 294 of the Indian Penal Code provide instances of restrictions on the freedom
of speech and expression in the interest of decency or morality. These sections prohibit the
sale or distribution or exhibition of obscene words, etc. in public places. No fix standard is
 10

laid down till now as to what is moral and indecent. The standard of morality varies from
time to time and from place to place.
5) Contempt of Court: Restriction on the freedom of speech and expression can be imposed
if it exceeds the reasonable and fair limit and amounts to contempt of court. According to the
Section 2 'Contempt of court' may be either 'civil contempt' or 'criminal contempt.'
6) Defamation: A statement, which injures a man's reputation, amounts to defamation.
Defamation consists in exposing a man to hatred, ridicule, or contempt. The civil law in
relating to defamation is still uncodified in India and subject to certain exceptions.
7) Incitement to an offence: This ground was also added by the constitution (First
Amendment) Act, 1951. Obviously, freedom of speech and expression cannot confer a right
to incite people to commit offence. The word 'offence' is defined as any act or omission made
punishable by law for the time being in force.
8) Sedition: As understood by English law, sedition embraces all those practices whether by
words, or writing which are calculated to disturb the tranquility of the State and lead ignorant
person to subvert the government. It should be noted that the sedition is not mentioned in
clause (2) of Art. 19 as one of the grounds on which restrictions on freedom of speech and
expression may be imposed.
it can be easily concluded that right to freedom of speech and expression is one of the most
important fundamental right. It includes circulating one's views by words or in writing or
through audiovisual instrumentalities, through advertisements and through any other
communication channel. It also comprises of right to information, freedom of press etc. Thus
this fundamental right has a vast scope.
From the above case law analysis it is evident that the Court has always placed a broad
interpretation on the value and content of Article 19(1)(a), making it subjective only to the
restrictions permissible under Article 19(2). Efforts by intolerant authorities to curb or
suffocate this freedom have always been firmly repelled, more so when public authorities
have betrayed autocratic tendencies.
It can also be comprehended that public order holds a lot of significance as a ground of
restriction on this fundamental right. But there should be reasonable and proper nexus or
relationship between the restriction and achievement of public order. The words 'in the
interest of public order' include not only utterances as are directly intended to lead to disorder
but also those that have the tendency to lead to disorder.
In the case of Brij Bhushan v. State of Delhi (AIR 1950 SC 129), the validity of censorship
previous to the publication of an English Weekly of Delhi, the Organiser was questioned. The
court struck down the Section 7 of the East Punjab Safety Act, 1949, which directed the
editor and publisher of a newspaper “to submit for scrutiny, in duplicate, before the
publication, till the further orders , all communal matters all the matters and news and views
about Pakistan, including photographs, and cartoons", on the ground that it was a restriction
on the liberty of the press. Similarly, prohibiting newspaper from publishing its own views or
 11

views of correspondents about a topic has been held to be a serious encroachment on the
freedom of speech and expression.
In India, the press has not been able to exercise its freedom to express the popular views.
In Sakal Papers Ltd. v. Union of India,] the Daily Newspapers (Price and Page) Order, 1960,
which fixed the number of pages and size which a newspaper could publish at a price was
held to be violative of freedom of press and not a reasonable restriction under the Article
19(2). Similarly, in Bennett Coleman and Co. v. Union of India, the validity of the Newsprint
Control Order, which fixed the maximum number of pages, was struck down by the Court
holding it to be violative of provision of Article 19(1)(a) and not to be reasonable restriction
under Article 19(2). The Court struck down the plea of the Government that it would help
small newspapers to grow.

Cable Television Networks (Regulation) Act, 1995

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.
[1] 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 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".
 12

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.

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.[2] Procedure for registration is laid down
is 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 "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[3] of any pay channel through
addressable system. In public interest the central government may also ‘specify one or
more free-to-air channels 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. Under section 7, cable operators
 13

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 officer[4] to prohibit the transmission of
certain programmes in public interest under section 19 of the Act.
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.
 14

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[5]apart from basic
package of free-to-air channels.
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 case 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 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.
The Sports Broadcasting Signals (Mandatory Sharing with Prasar
Bharati) Act, 2007
THE SPORTS BROADCASTING SIGNALS (MANDATORY SHARING WITH PRASAR
BHARATI) Act, 2007

1 Short title, extent and commencement. —

(1) This Act may be called the Sports Broadcasting Signals (Mandatory Sharing with Prasar
Bharati) Act, 2007.
 15

(2) It extends to the whole of India.

(3) Save as otherwise provided, it shall be deemed to have come into force on the 11th day of
November, 2005.
2 Definitions. —
(a) “broadcaster” means any person who provides a content broadcasting service and
includes a broadcasting network service provider when he manages and operates his own
television or radio channel service;
(2) Words and expressions used and not defined in this Act and defined in the Cable
Television Networks (Regulation) Act, 1995 (7 of 1995), the Telecom Regulatory Authority of
India Act, 1997 (24 of 1997), the Indian Telegraph Act, 1885 (13 of 1885), the Indian
Wireless Telegraphy Act, 1933 (17 of 1933) shall have the meanings respectively assigned to
them in those Acts.
(b) “broadcasting” means 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;
and all its grammatical variations and cognate expressions;
(c) “broadcasting service” means assembling, programming and placing communication
content in electronic form on the electro-magnetic waves on specified frequencies and
transmitting it continuously through broadcasting network or networks so as to enable all or
any of the multiple users to access it by connecting their receiver devices to their respective
broadcasting networks and includes the content broadcasting services and the broadcasting
network services;
(d) “broadcasting networks service” means a service, which provides a network of
infrastructure of cables or transmitting devices for carrying broadcasting content in
electronic form on specified frequencies by means of guided or unguided electromagnetic
waves to multiple users, and includes the management and operation of any of the
following:
(i) Teleport/Hub/Earth Station,
(ii) Direct-to-Home (DTH) Broadcasting Network,
(iii) Multi-system Cable Television Network,
(iv) Local Cable Television Network,
(v) Satellite Radio Broadcasting Network,
(vi) any other network service as may be prescribed by the Central Government;
(e) “cable television channel service” means the assembly, programming and transmission
by cables of any broadcasting television content on a given set of frequencies to multiple
subscribers;
(f) “cable television network” means any system consisting of closed transmission paths and
associated signal generation, control and distribution equipment, designed to receive and
re-transmit television channels or programmes for reception by multiple subscribers;
(g) “community radio service” means terrestrial radio broadcasting intended and restricted
only to a specific community and within specified territory;
(h) “content” means any sound, text, data, picture (still or moving), other audio-visual
representation, signal or intelligence of any nature or any combination thereof which is
capable of being created, processed, stored, retrieved or communicated electronically;
(i) “content broadcasting service” means the assembling, programming and placing content
in electronic form and transmitting or retransmitting the same on electro-magnetic waves
 16

on specified frequencies, on a broadcasting network so as to make it available for access by

multiple users by connecting their receiving devices to the network, and includes the
management and operation of any of the following:—
(i) terrestrial television service,
(ii) terrestrial radio service,
(iii) satellite television service,
(iv) satellite radio service,
(v) cable television channel service,
(vi) community radio service,
(vii) any other content broadcasting services as may be prescribed by the Central
Government;
(j) “Direct-to-Home (DTH) broadcasting service” means a service for multi-channel
distribution of programmes direct to a subscriber's premises without passing through an
intermediary such as a cable operator by uplinking to a satellite system;
(k) “Guidelines” means the Guidelines issued under section 5;
(l) “multi-system cable television network” means a system for multi-channel downlinking
and distribution of television programmes by a land-based transmission system using wired
cable or wireless cable or a combination of both for simultaneous reception either by
multiple subscribers directly or through one or more local cable operators;
(m) “Prasar Bharati” means the Corporation known as the Prasar Bharati (Broadcasting
Corporation of India) established under sub-section (1) of section 3 of the Prasar Bharati
(Broadcasting Corporation of India) Act, 1990 (25 of 1990);
(n) “prescribed” means prescribed by rules made under this Act;
(o) “satellite television service” means a television broadcasting service provided by using a
satellite, and received with or without the help of a local delivery system but does not
include Direct-to-Home delivery service;
(p) “satellite radio service” means a radio broadcasting service provided by using a satellite
and directly receivable through receiver sets by multiple subscribers in India;
(q) “service provider” means provider of a broadcasting service;
(r) “specified” means specified under the Guidelines issued under section 5;
(s) “sporting events of national importance” means such national or international sporting
events, held in India or abroad, as may be notified by the Central Government in the Official
Gazette to be of national importance;
(t) “terrestrial television service” means a television broadcasting service provided over the
air by using a land-based transmitter and directly received through receiver sets by the
public;
(u) “terrestrial radio service” means a radio broadcasting service provided over the air by
using a land-based transmitter and directly received through receiver sets by the public.
3 Mandatory sharing of certain sports broadcasting signals. —
(1) No content rights owner or holder and no television or radio broadcasting service
provider shall carry a live television 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 such manner and on such terms and conditions as may be
specified.
(2) The terms and conditions under sub-section (1) shall also provide that the advertisement
revenue sharing between the content rights owner or holder and the Prasar Bharati shall be
 17

in the ratio of not less than 75:25 in case of television coverage and 50:50 in case of radio
coverage.
(3) The Central Government may specify a percentage of the revenue received by the Prasar
Bharati under sub-section (2), which shall be utilised by the Prasar Bharati for broadcasting
other sporting events.
4 Penalties. —The Central Government may specify penalties to be imposed, including
suspension or revocation of licence, permission or registration, for violation of various
terms and conditions as may be specified under section 3, subject to the condition that
amount of a pecuniary penalty shall not exceed one crore rupees: Provided that no penalty
shall be imposed without giving a reasonable opportunity to the service provider: Provided
further that no act or omission on the part of any person after the 11th November, 2005 and
before the date of promulgation of the Sports Broadcasting Signals (Mandatory Sharing
with Prasar Bharati) Ordinance, 2007 (Ord. 4 of 2007) shall be subjected to penalties.
5 Power of the Central Government to issue Guidelines. —The Central Government shall
take all such measures, as it deems fit or expedient, by way of issuing Guidelines for
mandatory sharing of broadcasting signals with Prasar Bharati relating to sporting events of
national importance: Provided that the Guidelines issued before the promulgation of the
Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Ordinance, 2007
(Ord. 4 of 2007) shall be deemed to have been issued validly under the provisions of this
section.
6 Validation. —
(1) The provisions of the Guidelines issued by the Central Government for Downlinking of
Television Channels on the 11th November, 2005 and for Uplinking from India on the 2nd
December, 2005 for mandatory sharing of the sports broadcasting signals shall be deemed
to be valid as if they have been issued under this Act.
(2) Notwithstanding anything contained in any judgment, decree or order of any court,
tribunal or other authority, any action taken by the Central Government or the Prasar
Bharati in pursuance of the Guidelines referred to in sub-section (1) shall be deemed to be
and to have always been for all purposes in accordance with the law, as if the Guidelines had
been validly in force at all material times and notwithstanding anything as aforesaid and
without prejudice to the generality of the foregoing provisions, no legal proceeding shall be
maintained or continued in any court for the enforcement of any direction given by any
court or any decree or order which would not have been so given had the Guidelines been
validly in force at all material times.
7 Power of the Central Government to make rules. —The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
8 Rules and Guidelines to be laid before Parliament .—Every rule and Guidelines made and
issued, as the case may be, under this Act shall be laid, as soon as may be after it is made or
issued, before each House of Parliament, while it is in session for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or Guidelines, or both
Houses agree that the rule or Guidelines should not be made, the rule or Guidelines shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or Guidelines.
9 Saving .—The relevant provisions under the Guidelines for Downlinking of Television
Channels issued on the 11th November, 2005 and the Guidelines for Uplinking from India
issued on the 2nd December, 2005 for mandatory sharing of sports broadcasting signals
 18

with Prasar Bharati, shall continue to remain in force till fresh Guidelines are issued under
this Act.
10 Repeal and saving .—
(1) The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Ordinance,
2007 (Ord. 4 of 2007) is hereby repealed.
(2) Notwithstanding the repeal of the Sports Broadcasting Signals (Mandatory Sharing with
Prasar Bharati) Ordinance, 2007 (Ord. 4 of 2007), anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under the corresponding
provisions of this Act.

The Broadcasting Content Complaints Council ,BCCC is an

independent self-regulatory body set-up by the Indian Broadcasting
Foundation in 2011, in consultation with the Ministry of Information
and Broadcasting. The primary role of BCCC is to implement self
regulatory guidelines for non-news channels, including general
entertainment channels, kids channels and special interest channels.

1. The self-regulatory body has 13 members: one chairperson, four

non-broadcast members, four members from national level
statutory commissions, and four members from the broadcast
industry. Retired Supreme Court judge A P Singh serves as the
chairman of the industry body. Members representing the
broadcast fraternity are: Ashok Nambissan of MSM, Deepak
Jacob of Star India, Nittin Keni of Zee Network and Sujeet Jain of
Viacom 18.

2. The guidelines have been formulated after deliberations from the

industry and the Government of India around areas such as national
interest, racial and religious harmony, ill treatment of children, social
values, sex and nudity, violence and crime, gambling, drugs, smoking,
tobacco consumption, alcohol, defamation, harm and offence.
In the case of a valid complaint, the respective channel is asked to
provide their view on the offending content within one working week of
receipt of a letter from BCCC. Post evaluation of the channel’s
response, if the BCCC committee is not satisfied, it has the power to
pass a directive asking necessary modifications or withdrawal of such
 19

content, failing which, the BCCC sends out a detailed report to the
Ministry of Information and Broadcasting within 24 hours.

3. In a recent development, BCCC presented a report to the Ministry of

Information and Broadcasting, recommending heavy fines in
accordance with the degree of violation of advisories. In an official
communiqué released by the BCCC, Justice A P Singh, chairman,
BCCC, was quoted saying that about 50 per cent of the complaints
received by the council relate to sex and obscenity, especially in
American serials.
Reacting to BCCC’s claim, Anand Chakravarthy, business head, Big
CBS Networks, says, “The BCCC is an industry body. And its job is to
remind channels about what is not acceptable in terms of content on
TV. As far as the English entertainment genre is concerned, most of
the content comes from the West. And, as we all know, it sometimes,
tends to be risqué in nature. So you can’t really help, because that’s
more or less the nature of the genre. Also, there is an audience for that
kind of content. Channels cater to their specific audiences, and there
is nothing wrong in it. But, while you do that, it’s important to not
cross the line as that could backfire as a strategy.”
Manjit Singh, chairman, Indian Broadcast Federation (IBF), is of the
opinion that BCCC is doing a fairly good job of monitoring content on
TV. “BCCC was set up with the objective to aid and promote the self-
regulatory practice in the broadcast industry. Its job is to monitor
content as per the guidelines set by the IBF and Ministry of
Information in a joint effort,” he maintains.
He further adds, “There is no doubt that self-regulation is the way to go
for the industry. The BCCC has some eminent personalities as
members of the council, who’re doing a very fine job of ensuring that
the industry, as a whole, is moving towards a strong self-regulation
mechanism. It is good for all stakeholders – broadcasters, advertisers,
viewers and last but not the least, the Government of India.”

Janardhan Pandey, associate vice president, Mudra Max, observes,

“For broadcasters, it’s about acceptability among their audiences that
matters the most. And, one way of building that acceptance level is by
investing time and effort in producing quality content as against
controversial content, which invariably comes under the scanner of
industry bodies, and in some cases, the Government.”
 20

4. Till 30 November 2012, BCCC had received 8,628 complaints and

suggestions, including 1,072 ‘specific complaints’. So far, BCCC has
issued seven advisories to member channels on different topics of
concern. It is critical for the industry to practice self-regulation to
ensure smooth growth in years to come, opine industry watchers.

History & VisionBack

Rapid increase in the number of 24-hour General Entertainment Channels (GECs), a process that began in the early
1990s, led to the burgeoning of non-news content on Indian television. Soon, the need to regulate TV content and
address programme-related complaints became evident. Being the apex body of broadcasters, the Indian
Broadcasting Foundation (IBF) Board of Directors took upon itself the task of framing a set of self-regulating content
Guidelines and establishing an independent complaint redressal mechanism for GECs. The objective was to provide
the channels certain guiding principles for programme content, usher in a redressal mechanism for viewer complaints
and ensure that programming creativity flourished in a free-speech environment without ad-hoc interventions.

IBF accomplished the goal of formulating and implementing the self-regulatory Guidelines and the complaint
redressal system with the establishment of Broadcasting Content Complaints Council (BCCC) in June 2011. A
milestone in the history of Indian television, the initiative signifies the maturity of broadcasters to uphold freedom of
speech and expression enshrined as a Fundamental Right in the Indian Constitution. The overwhelming support of
IBF member channels to the BCCC mechanism has led to constant evaluation of content in line with changing viewer
preferences.

With suitable modifications, the Foundation has adopted the 2008 draft version of Ministry of Information &
Broadcasting Self-Regulation Guidelines for Broadcasting Sector. IBF’s ‘Self-Regulatory Content Guidelines for Non-
News & Current Affairs Channels’ were framed after wide consultations with more than 40 stakeholders, including the
Industry, Government and the Civil Society. The Guidelines set out the principles and practices that guide the
Broadcasting Service Provider (BSP) in offering content that conform to the ‘Programme Code’ prescribed under the
Cable Television Networks (Regulation) Act, 1995 and the Rules framed thereunder.

The Guidelines encourage creativity in line with the evolving social milieu and acceptable community standards within
which TV channels should operate. The most remarkable feature of the Guidelines is “self-governance”, “self-
regulation” and “self-monitoring” by BCCC, which is turning out to be a model for regulators.
 21

Who We Are
 Broadcasting Content Complaints Council (BCCC), the independent self-regulatory body for non-news
general entertainment channels set up by the Indian Broadcasting Foundation (IBF) in June 2011.

 There is a constructive recognition of BCCC’s self-regulatory mandate by the Ministry of I&B, which refers
complaints received/generated by it to the Council. A positive synergy exists between BCCC and Ministry of I&B with
the Council keeping the Ministry informed of the action taken by it.

 There has been a rapid increase in the number of complaints being handled by BCCC in view of the various
measures implemented by the IBF’s member channels and the increased awareness amongst the Indian television
audience.

 The Council has, from time to time, received matters, complaints and references from the Hon’ble High
Courts. It provides inputs to the Ministry of I&B for responding to questions put up by Hon’ble Members of Parliament.

 Directives, Orders and Advisories issued by BCCC have received full compliance from member channels of
IBF. There has been no instance of violation in this regard. The number of Advisories issued by BCCC since its
inception has risen to 13.
 BCCC has issued 15 Detailed Orders to channels. Through these Orders, channels were asked to run
apology scrolls and, in some cases, furnish financial penalties.
 BCCC has held Five Interactive Sessions with channels to sensitise them about different aspects of
content. Two such sessions have been conducted in Mumbai and one each in Chennai, Kolkata and Hyderabad.

Bibliography
 22

http://prasarbharati.gov.in/Corporate/Pb%20act/Pages/default.aspx

http://www.wipo.int/edocs/lexdocs/laws/en/in/in033en.pdf

http://indiacode.nic.in/fullact1.asp?tfnm=199507