As per existing regulatory framework, programmes and advertisements telecast on private satellite TV channels are regulated in accordance with the Programme Codes and Advertising Codes prescribed under the Cable Television Networks (Regulation) Act, 1995 and rules framed thereunder. The Programme and Advertising Codes contain a wide range of parameters to regulate programmes and advertisements on TV channels.
The Cable Television Networks Rules, 1994 have been amended vide Notification No.GSR 416(E) dated 17.06.2021 thereby providing for a statutory mechanism for redressal of grievances/complaints of citizens relating to content broadcast by television channels. These rules are called the Cable Television Networks (Amendment) Rules, 2021. The Rules provide that in order to ensure observance and adherence to the Programme Code and the Advertising Code by the broadcaster and to address the grievance or complaint, if any, relating thereto, there shall be a three-level structure (complaint redressal structure) as under: Level I - A self-regulation by broadcasters; Level II - Self-regulation by the self-regulating bodies of the broadcasters; and Level III - Oversight mechanism by the Central Government.
Any person aggrieved by the content of a programme of a channel as being not in conformity with the Programme Code or the Advertising Code may file his complaint in writing to the broadcaster or to Advertising Standards Council of India (ASCI) if such pertains to the Advertising codes laid by it. A broadcaster shall establish a grievance or complaint redressal mechanism and appoint an officer to deal with the complaints received by it. The broadcaster/ ASCII shall, within the stipulated time, takes a decision and communicate the same to the complainant. The grievances/ complaints which have not been addressed by the broadcaster shall be dealt and disposed of by the Self-regulating bodies (Level-II), registered by Central Government, within stipulated time.
As a part of oversight mechanism, Central Government has established an Inter-Departmental Committee (IDC) for hearing grievances or complaints and refer to the IDC grievances or complaints arising out of the decision of the self-regulating body, or if no decision has been taken by the self-regulating body within the stipulated time, or on receipt of such other complaints or references relating to violation of Programme Code or Advertising Code as it may consider necessary. The IDC is chaired by the Additional Secretary in the Ministry of Information and Broadcasting and consists representatives from the Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence. In March 2023, domain experts from Press Council of India (PCI), Bar Council of India (BCI), Federation of Indian Chambers of Commerce & Industry (FICCI), Confederation of Indian Industry (CII) have been included as IDC member.
The Government has also established Electronic Media Monitoring Centre (EMMC) as state-of-the-art facility with a view to monitor and record the content of satellite TV channels with regard to violation of Programme and Advertisement Codes enshrined under the Cable Television Networks (Regulation) Act, 1995 and Rules framed thereunder. EMMC is equipped to monitor and record around 900 channels and currently monitors all permitted channels.
website of EMMC - www.emmc.gov.in)
Ministry issues advisories to TV channels to adhere to program and advertising codes and in relation with other important issues from time to time
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