Cable Television Networks (Regulation) Act, 1995 Decriminalized
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New Delhi, October 5, 2023: The Ministry of Information and Broadcasting has announced significant amendments to the Cable Television Networks Rules, 1994, facilitating the implementation of the recently decriminalized provisions of the Cable Television Networks (Regulation) Act, 1995.
Earlier, the Ministry had issued a notification, setting October 3, 2023, as the effective date for the provisions of the Jan Vishwas (Amendment of Provisions) Act, 2023, and the associated schedule entries concerning the Cable Television Networks (Regulation) Act, 1995.
Section 16 of the Cable Television Networks (Regulation) Act, 1995, previously entailed punitive measures for contraventions under its provisions, including imprisonment of up to two years for first-time offenders and up to five years for subsequent offenses.
In a move aimed at fostering a more business-friendly environment and enhancing investor confidence in the sector, the punitive measures outlined in Section 16 have been reevaluated and replaced with monetary penalties and non-monetary measures such as Advisory, Warning, and Censure. These measures will be enforced through designated officers, as defined in the newly notified rules. Additionally, Section 16 introduces an appeal mechanism against decisions made by designated officers, while Sections 17 and 18 have been omitted as they were deemed redundant.
Some key benefits of the decriminalization of provisions under the Cable Television Networks (Regulation) Act, 1995 include:
1. Encouraging Compliance: The amendments are expected to promote compliance with the Act without resorting to severe punishments, making it more sensitive to minor or unintended contraventions. The inclusion of advisory, censure, and warnings emphasizes education and compliance encouragement.
2. Flexibility in Penalties: The amended provisions allow for a range of penalties, offering flexibility in addressing different types of contraventions. This enables a more proportional response to the nature and severity of the violation.
3. Streamlined Enforcement: The rules introduce a “designated officer” for imposing penalties, simplifying the enforcement process and relieving the criminal justice system.
4. Addressing Subsequent Contraventions: The amended provision explicitly addresses subsequent contraventions, including higher penalties and provisions for suspension or cancellation of registration. This discourages habitual or repeated violations.
5. Appeal Mechanism: The inclusion of an appeal mechanism ensures fairness, transparency, and safeguards against potential misuse of power by individuals or entities challenging penalties or decisions.
6. Definition of Common Terms: The rules define common terms in the cable industry, such as “platform services” and “local cable operator,” for the first time, ensuring uniform usage.
With over 1400 Multi-system Operators registered with the Ministry of Information and Broadcasting, the decriminalization of contraventions under the Cable Television Networks (Regulation) Act, 1995, and their replacement with civil penalties, is expected to enhance stakeholders’ confidence and promote a more conducive environment for doing business in the sector.
