Introduction

India has got regulatory frameworks for each and every question of law, these provisions of law are consistently researched, developed, approved and implemented throughout the nation. However, much less is known about the regulations which govern the television programs. So, why are television programs regulated ? and who monitors all these regulations?.

The Ministry of Information & Broadcasting functions as a watchdog over the regulatory aspects of television programme. The reason behind such a regulatory mechanism is that it focuses on creating an enabling environment for sustained growth of media and entertainment sector. To facilitate value based wholesome entertainment and effectively disseminate information on government policies, programmes and achievements. The Ministry of Information and Broadcasting constantly focuses over effectively disseminating information on the policies, programmes and achievements of the  Government while ensuring free flow of information to the public and safeguarding freedom of the press and media in general.

The Ministry of Information and Broadcasting usurps it’s authority to regulate and monitor television programs from the programmes code under the Cable Television Networks (Regulation) Act, 1995.

The Origin

The current Act which governs the functions of cable television networks and programmes came into existence in the year 1995. Before the introduction of cable television in India, the state governments monitored and controlled the broadcasting networks and matters incidental thereto. The Government of India had no prior knowledge nor it had the technical setup to gain unified control over cable television systems and broadcasting for national as well as regional ones. Though national channels like Doordarshan were running their programs nationally, the government wanted to unify the technological resources to disseminate information under one regulated framework of channel networks. From the early 1990’s the central government had to gain the technical know-how and co-ordinate it’s operations with the state governments to gain control over regional television networks and broadcasting.

Content Regulation

The Central Government usurps to regulate it’s authority from section 2 (g)  of the Cable television networks Act, 1995.  Which states that the central government, in public interest can put such restrictions on cable operators to transmit or retransmit any programme of any pay channel which shall be notified to the cable operators as and when required by the central government.

At various instances the central government has exercised it’s authority by passing such regulations, notifications and circulars to regulate the contents viewed on television networks. In the case of  “People” TV Channel, telecasted a news based Programme on ‘Cherian Philip’.  Which telecasted the visuals scenes from different suicide incidents in the state of Kerala which included l dead bodies hanging from tree and also from ceiling fan. During the course of news reports the channel had shown the visuals without making them blurred or morphed. The visuals were not only extremely disturbing to the viewers but could also hurt the sentiments/sensitivities of the near and dear of the deceased. These visuals were neither morphed nor blurred. Hence, these visuals offended the good taste and decency of the viewers. These visuals also did not appear to be suitable for unrestricted public exhibition. With such visual s being telecasted at a national level, the central government had issued a warning to “People” TV for which the broadcasting channel acknowledged the occurrence and apologized for the same.

Constitution of Monitoring Committee for Private Television Channels at the State and District Levels

To have a better regulatory mechanism and to practice good governance. The Ministry of Information and Broadcasting along with various state governments has constituted District and state level monitoring committee. The constitution of both State and District-level Committees to  enforce the Cable Television Network Rules. The functions of the State Level Monitoring Committee will be to see:

(i)  Whether District/Local Committees have been properly constituted.

(ii)  Whether the meetings of the committee members are convened regularly.

(iii) Whether the authorized officers are effectively performing their duties.

(iv) To monitor the cases handled by the committee and the decisions are arrived at.

(v) To give suggestion/guidance to District/Local Level Committee.

(vi) To settle the matters referred to it by District/Local level Committee.

(vii) To collect data/information from District/Local Level Committee and forward it to Secretary, Ministry of Information & Broadcasting.

viii) To recommend action and forward complaints against satellite channels (National Channels) to the Ministry of Information & Broadcasting through the Chief Secretary of the State in cases of violation of orders on the Programme and Advertising Codes.

Regulatory Circulars and Notifications

The Ministry of Information and Broadcasting has been proactive in releasing various notices, advisory and warnings to private channels, entertainment and non-entertainment networks, so as to maintain regulatory compliance and to prevent dissemination of false information. Thereby, to promote, facilitate and develop the broadcasting industry in India and strengthen the public service broadcaster.

In Comparison with OTT Platforms and Internet

Over the years the production companies are expanding their reach over the online digital platforms. Which are far different from the conventional cable television programmes. As the online digital platforms operate through internet and so the laws governing cable television networks do not apply to these web based platforms. With the emergence of online digital platforms the programmes streamed are substantially uncensored contents and which are as per the likings of the viewer community. The government needs to come up with a new enactment which could regulate the contents streamed on online platforms. Many of the contents streamed over the online platforms have created hatred amongst certain communities and hurt religious beliefs and sentiments.

Another, technological aspect which should be discussed about are the television sets of the 21st century. Television sets nowadays come with an inbuilt feature, which enables it’s users to browse the internet and to watch any content as per the viewer’s choice, without any regulatory interference. However, when we analyze section 2 (g) (ii) supra note 3. Wherein, any audio visual content broadcasted through cable television shall come under the ambit of the Cable Television Networks (Regulation) Act, 1995. The above point becomes debatable when such an audio-visual content is viewed by the means of internet and not through the cable television and that such online content made available on the internet but watched upon a television screen completely fails the content censorship mechanism within the legal framework. We can say that today’s cable television has transformed into a multi-vision electronic gadget with advanced features.

Conclusion

The Ministry of Information and Broadcasting has consistently monitored and regulated the internal compliance relating to content censorship. However, with changing trends it has a long way to go. Due to very large arena of broadcasting and content streaming networks, it sometimes becomes impossible to monitor and censor each and every programme. The current regulatory framework holds a federal form governance with entire regulatory powers vested with the center and only monitoring or inspection power is left with the states. So, to tackle these shortcomings the government needs to be more technologically advanced as well as legally ahead by adopting decentralization of it’s authority to the state governments. It is also important to note that online content censorship should also be put into effect. To protect the sentiments of the viewers and to promote and develop good, value based programmes for healthy entertainment of viewers of all ages and to create a better policy framework for achieving this.