India

Violation of programme and Advertisement Codes

golden yug
[ September 23, 2017 ] In supersession to Government Order No. 25-ID of 2013 dated 31.07.2013, sanction is hereby accorded to the re-constitution of Content Monitoring Committees at the State and District levels to monitor violation of Programme and Advertisement Codes under the Cable Television Networks (Regulation) Act, 1995 by Private Satellite Television Channels, AIR Broadcast Code by Private FM Channels and Community Radio Stations with the following composition/terms and conditions:-State Level Monitoring Committee, Administrative Secretary, Information Department, Chairman, Representative of the Director General of Police, J&K, Member, Secretary, Social Welfare Department, Member, Representative of Association for Social Welfare in India (ASHI), Kachi Chawni, Jammu, Member, Dr. Shahid Rasool, Director, EMMRC, University of Kashmir, Member, Dr. Arti Bakshi, (Professor & Head), Department of Psychology, University of Jammu, Member, Director, Information & Public Relations, J&K, Member Secretary, The nominated members shall have a term of five years and shall not be eligible for re-nomination. Any vacancy can be filled up by nominating a new member for a fresh term. The Committee shall meet at least twice a year. Committee to see whether District Level Monitoring Committees have been formed, to see whether they are meeting regularly, to see whether the authorized officers are effectively performing their duties, to see how many cases are handled by them and wheat decisions are arrived at, to give suggestion/guidance to District Level Committees. To take decision on the matters refereed to it by District / Local Level Committees.District Level Committee to provide a forum where the public may lodge a complaint regarding content aired over any television distribution platform (cable, DTH, HITS or IPTV), Private FM Channels and Community Radio Stations operating in the District and take action on the same as per procedure prescribed herein.To keep a watch on the content carried by the television distribution platform operators at local level that it is in conformity with the prescribed Programme and Advertisement Codes and to ensure, through Authorized Officers, that no unauthorized channels are carried and local content if aired by the television distribution platform operators is restricted to information about local events and is presented in a manner which is balanced, impartial and not likely to offend or incite any community.To monitor that all the notified mandatory channels of Doordarshan, Lok Sabha and Rajya Sabha are carried by the television distribution platform operators and in proper genres.To monitor that Multi System Operators (MSOs) and Local Cable Operators (LCOs) are operating after valid registration.To immediately bring to the notice of State and Central Government if any programme is affecting public order or causing resentment in any community.To review the action taken by Authorized Officers for enforcement of the provisions of the Cable Television Networks (Regulation) Act, 1995 and rules framed there under.To monitor that the MSOs and LCOs are carrying only digital encrypted signals.To monitor that only Bureau of Indian Standards (BIS) compliant Set Top Boxes (STBs) are provided by MSOs/LCOs to consumers.To keep a watch on the content carried by private FM Channels and Community Radio Stations operating in the District so that they abide by the AIR Broadcast Code.It is mandatory for ail distribution platform operators, Private FM Channels and Community Radio Stations to preserve recordings of their programmes for a minimum period of 90 days as per para 18.1 of the grant of Permission Agreement (GOPA) signed by these operators with the Government of India and as per 5.3 of Uplinking and para 5.12 Downlinking guidelines.A Complaint Cell headed by a nodal officer at District level should be established and wide publicity be given regarding the constitution of the Monitoring Committee and procedure followed by it, including putting it on website of the State/UT and district"s website.The Committee shall ordinarily meet once in two months to look into the complaints brought to its notice by individuals / organizations or to take suo-moto cognizance of violation of provisions of Cable TV Networks (Regulation) Act, 1995 and rules framed there under for Television channels and the AIR Broadcast Code for Private FM Channels and Community Radio Stations in the District.In case of complaint pertaining to content carried locally by television distribution platform operators at its own level, the Committee may call for footage/recording of the programme / advertisement against which complaint is considered. The Committee may form a view about whether a violation has taken place. In case the Committee is of the view that violation has taken place, the Authorized Officer may take action as per. Section 11 of the Act after issuing show cause notice to the network and giving them an opportunity to be heard. The representation of the operator may also be placed before the Committee for final decision regarding the action to be taken on it by the Authorized Officer.In case the complaint pertains to national/regional satellite TV channels, the Committee may forward its recommendations on the violations to the Ministry of Information & Broadcasting, Government of India with a copy to the State Level Monitoring Committee. On receipt of such complaint the Central Government shall call for footage/video of the concerned programme / advertisement and take a view regarding the same in the inter-Ministerial Committee constituted in the Ministry of Information & Broadcasting.In case complaint pertains to violation of AIR Broadcast Code by Private FM Channels or CRSs, the Committee may forward its recommendations to the Ministry of Information and Broadcasting, Government of India for necessary action with a copy to the State Level Monitoring Committee.Violations of Programme and Advertisement Codes by permitted satellite TV channels are dealt with by the Central Government in the following manner depending on the seriousness of the violation: (a) An Advisory is given to the channel (b) Warning is issued (c) Channel is required to scroll an apology for a specified number of days (d) Broadcast is suspended for specified time period. The District Monitoring Committee can likewise take action against distribution platform operators in respect of content carried locally only. However, no such action may be taken at their level in respect of permitted National/Regional Satellite TV Channels.The Committee, through Authorized Officer, may direct the television distribution platform operator to ensure compliance and to take any other action it may consider necessary under Section 11 of the Act.