Presentation By

Mrs Roop Sharma

President,
Cable Operators Federation of
India (COFI)
On
Draft Broadcasting Services Bill,
2006
September 08, 2006 1
 Objectionable Provisions in the Draft
 Section 4(2) in chapter 2, empowers the government
to refuse or cancel the registration of a TV channel,
without any check and balances, if the registration
of a channel is a threat to the national security,
national integrity or public order, or if logo/symbol
matches any other organization or a terrorist
organization. This will make the channels watchful
over the transmission of their content.
 According to the section 5(1) of chapter 2,
government will have the power to take charge and
manage the broadcast of a programme at time of
war, natural calamities etc. It can also suspend its
operations or entrust public service broadcaster to
manage it as per government directions.
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 Objectionable Provisions in the Draft

 Section 10(1)of the Bill makes it clear that Central

Government can prescribe eligibility conditions and
restrictions with regard to accumulation of interest
in the print and broadcast segment, to prevent
monopolies.
 Section 10(2) and 10(3) restricts cross-holding
between one broadcaster and another, between
broadcasters and network operators, and between
broadcaster and FM Radio operators to maximum of
20 per cent.
 Section 10(4) restricts the total number channels
and radio stations of a single broadcasting network
to 15 per cent of the total in the country.
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 Objectionable Provisions in the Draft

 Section 18 of the Cable Act says that no court

shall take notice of any offence under the act, if
the authorized officer does not make the written
complaint.
 Sections 23 and 24 of Broadcasting Bill are
similar to the section 11 of Cable Act which
states that any authorized officer has the right to
seize the equipments of a cable operator in
violation of legislation.

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 Cable Television Networks (Regulations) Act
1. Registration as a cable operator- Mandatory
registration to operate a Cable TV Network
2. Sec- 4A, Transmission of Programmes Through
Addressable System – Inserted by Act of 2 of 2003
(a) Government made it obligatory to transmit any pay
channel through an Addressable System from a
specified date.
(b) May specify one or more FTA channel to be included in
basic tier.
(c) Number of FTA channels may be specified forming the
basic tier.
(d) In public interest, government may specify a maximum
amount of monthly subscription to a cable operator for
basic tier. 5
Cable Television Networks (Regulations) Act

Sec-5: Programme Code- No person shall transmit or

retransmit any programme not in conformity
with prescribed code.
Sec-6: Advertisement Code- Same as above for
advertisements.
Sec-7: Maintenance of Register- Every cable
operator shall maintain a register as
prescribed indicating in brief programmes
transmitted or retransmitted.
Sec-8: Compulsory transmission of DD Channels

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 Seizure and Confiscation of Certain
Equipments:

Sec-11: Power to seize equipment used for

operating Cable TV Network – If provisions
of the act contravened.

Sec-12: Confiscation of Equipment– In case cable

operator not registered.

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 Offences & Penalties
Sec-16: Punishment for Contravention of
Provision of this Act.

(a) Ist offence- 2 years imprisonment and/or fine of

Rs. 1000/-
(b) For every subsequent offence: 5 years
imprisonment and fine of Rs 5000/-
(c) Contravention of Sec-4A (Use of addressable
system for pay channels) shall be cognizable
offence.

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 Offences & Penalties
Sec-17: Offences by Companies- Responsible
persons of the company shall be held guilty
and liable to be proceeded against.
If offence committed in connivance with
director/manager, they shall also be
deemed guilty.
Sec-19: Power to prohibit certain programmes in
public interest.
Sec-20: Power to prohibit operation of Cable TV
network in public interest.
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 Broadcasting Policies Prevailing in other
Countries are as follows:
 Limit the type of content that can be transmitted—
hardcore pornography for example is banned in most
countries, whereas in some countries broad
censorship rules exist;
 Restrict the source of the content—limits on ‘foreign
content’ (Canada and the EU);
 Imposing of must carry rules on cable and satellite
providers that mandate programming to be carried
on local channels, news, public channels, political
broadcasts, therefore limiting the number of
additional channels that could be provided;
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 Broadcasting Policies Prevailing in other
Countries are as follows:
 Imposing domestic content production requirements
on television channels (the UK, Italy, France,
Portugal, Canada);
 Imposing black-out requirements preventing the
local broadcast of a local event (normally a sports
event, a match between a local team and another
team), an event broadcast elsewhere in the country;
 Restrict the form of broadcast— so-called listed
events, events (again mainly sports) which must be
carried ‘free’ on over the air television, e.g. UK, Italy;
 limit on who can own what broadcasting/content.
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