The second chapter deals with "Regulation of Cable Television Network". Subsequently to this, the government announced in 2004 that Telecom Regulatory Authority of India (TRAI) will be handling the problems regarding CAS and make recommendations on the same. The reason for such refusal has to be recorded in writing and communicated to the applicant. BEit enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 . The Central Government may also, in public interest specify the maximum amount which can be charged by the operator to the subscriber for receiving the programmes transmitted in the basic service tier provided by such cable operators. Subsequently the order of the district magistrate was challenged in the Rajasthan High Court on the ground that the order was in violation of fundamental right to freedom trade and profession. But the consumer and the local cable service providers were unhappy with this decision because the consumers feared that they have to pay special rates for pay channels whereas the local operators were outraged because they believed that CAS would affect their revenue. Above Village Hyper Market, Chandralyout Main Road, The government on the recommendation of TRAI withdrew the implementation of CAS. Section 4 of the Act: "No person shall operate a cable television network unless he is registered a cable operator under this Act..."[3]. The Central Government, in public interest can put an obligation on every cable operator to transmit or retransmit a programme[3] of any pay channel through addressable system. Definitions. The government has allowed Sudarshan News, a Hindi channel, to air a controversial programme that seeks to “expose” a “conspiracy to infiltrate Muslims” into the Indian civil services. See screenshots, read the latest customer reviews, and compare ratings for Cable Television Network Regulation Act 1995. (3) It shall be deemed to have come into force on the 29th day of September, 1994. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows: 1. An application for registration of cable operator has to be made under Form 1 along with the payment of fees of Rs.50 to the head post master within whose territorial jurisdiction the office of cable operator is situated. Any person who is operating or desires to operate a cable network may apply for registration to the registering authority. The necessity of procuring licence for operating cable networks was first mentioned by the Rajasthan High Court in the case of Shiv Cable TV System v. State of Rajasthan. Numerous complaints were received by the Government stating that there has been unreasonable price hike in cable television by the cable operators. Sony and FTV did not challenge the ban, nor did any public interest or civil rights group. 4. All cable services should be in conformity with the codes. Section 20 of the Cable TV Networks (Regulation) Act, 1995, states that the government can regulate or prohibit the transmission or retransmission of any programme that it feels is not in conformity with the Programme and Advertising Code, which oversees television content in India. Section 11 gives power to the authorized government authority to seize any cable operator’s equipment, if such officer has reason to believe that the cable operator is using the equipment without proper registration. 7 of Year 1995, dated 25-3-1995] Promulgated by the President in the Forty-fifth Year of the Republic of India. (2) It extends to the whole of India. Enter your email address to subscribe to this blog and receive notifications of new posts by email. For the first offence: Imprisonment for a term which may extend to 2 years or with fine which may extend to Rs. [email protected] blog: medium.com/rawblog. Information for ROs under MDP Projects. This would require the consumers to set up set-top boxes which will allow the consumers to view all the free to air channel and he can choose to watch any of the premier channels for a charge. Section 4A in the Cable Television Networks (Regulation) Act, 1995. Section 4A was inserted into the Act by the TRAI (Amendment) Act, 2002. In general, we offer financial support for collaborative/invited works only through public calls. [1] In this case, the district magistrate ordered a ban on cable networks as they were being operated without licence. DOT order 30-6-2014 confirming STB as Telecom network equipment . A Brief Explanation of The Act Who is a Cable Operator? CHAPTER II REGULATION OF CABLE TELEVISION NETWORK 3. The Act provides detailed guidelines on obscenity and violence in programming. 1 [4A. The Ministry of Information and Broadcasting has proposed amendments to the Cable Television Network (Regulation) Act, 1995, increasing the … India Code Link to Cable Television Networks (Regulation) Act, 1995. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. Sections 5 and 6 of the Act deal with advertisement code and programme code. Cable Television Networks (Regulation) Act 1995 [25th March, 1995.] The trailer at once elicited widespread criticism, with many alleging the content amounted to hate speech. [2] Procedure for registration is laid down is section 5 of the Act. Due to the lack of licensing mechanism for cable operators; this resulted in large number of cable operators, broadcasting programmes without any regulation. Cable Television Networks (Regulation) Act, 1995 [Act No. 5000. 4A. The Bill amends the Cable Television Networks (Regulation) Act, 1995, and repeals the Cable Television Networks (Regulation) Amendment Ordinance, 2011. 729 (E) – In exercise of the powers conferred by sub-section (1) of section 22 of the Cable Television Networks (Regulation) Ordinance, 1994 (Ordinance No.9 of 1994) the Central Government makes the following Rules namely: 1. Specific complaints on code violations are looked into by. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. This was due to the availability of signals from foreign television networks via satellite communication. [Refer to section on “2003- Amendment to the Cable Television Networks (Regulation) Act, 1995 (Amendment Act)"]. Press Release on DAS interconnection. Again in 1995, the Parliament enacted The Cable Television Networks (Regulation) Act replacing the ordinance promulgated by the President. In order to address these problems, the government appointed a specialized task force. 3. The third chapter relates to "Seizure and Confiscation of certain Equipments". 7 OF1995 [25th March, 1995.] COMMENTS. In order to regulate cable television networks, it was made mandatory for cable television network operators to be registered. The cable operators have to publicize to subscribers the subscription rates of each pay channel at regular intervals. Hathaway Cable Datacom v. Union of India, 128 (2006) DLT 180. Cable Television networks (Regulation)Act,1995-Updated and amended upto 31.8.2007. App Features- - Complete 'Cable Television Network (Regulation) Act 1995' in digital format. 080 4092 6283. 1. 7 of Year 1995, dated 25-3-1995] (as amended upto 31.8.07) An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. The fourth chapter focuses on "Offences and Penalties". The Act aimed at regulating content and operation of cable networks. Definitions 137 . In order to keep track of cable operators, it has mandate a compulsory registration for cable operators. The act also lays down certain guidelines for transmission: 1. The cable market is divided into three categories. Moreover, the cable operator were not paying appropriate revenue by concealing there income and under-reporting their income. Information & Broadcasting (I&B) Ministry has said it cannot pre-censor a programme, or stop it from being telecast. 1. 1997[2]. In order to explain the controversy, it is important to understand the structure of the cable market. For every subsequent offence: Imprisonment for a term which may extend to 5 years and with fine which may extend to Rs. Cable Television Network (Regulation) Act 1995 An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. Text; Cable Television Networks (Regulation) Act, 1995. (3) It shall be deemed to have come into force on the 29th day of September, 1994. It is also the responsibility of the channel to ensure its programmes are not violative of the programme code, laid down in Rule 6 of the Cable TV Network Rules. Cable Television Networks (Regulation) Act, 1995. Special task force in its study noted that the consumers do not have the choice to select the premium channels they wanted to watch rather it is provided to them in a bundle irrespective of the fact they want to subscribe to such channel or not. Back to Acts & Rules. DAS Reference material for Nodal Officers. Back to Acts & Rules The Ordinance is a special penal law. It also lays down provisions to regulate content to be broadcasted by the cable operator. (3) It shall be deemed to have come into force on the 29th day of September, 1994. Short title, extent and commencement. Section 20 of the Cable TV Networks (Regulation) Act, 1995, states that the government can regulate or prohibit the transmission or retransmission of any programme that it feels is not in conformity with the Programme and Advertising Code, which oversees television content in India. The Central Government may make such an order in the interest of the (i) sovereignty and integrity of India; or (ii) security of India; or (iii) friendly relations of India with any foreign state; or (iv) public order, decency or morality. 7 of 1995 2. Due to the lack of licensing mechanism for cable operators; this resulted in large number of cable operators, broadcasting programmes without any regulation. It also wanted to lay down the "responsibilities and obligations in respect of the quality of service both technically as well content wise, use of materials protected under the copyright law, exhibition of uncertified films, and protection of subscribers from anti-national broadcasts from sources inimical to national interests". Due to the adverse reaction from the consumers and the local cable operator, the government delayed the implementation of CAS indefinitely. THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 ACTNO. (1) This Act may be called the Cable Television Networks (Regulation) Act, 1995. REGULATION OF CABLE TELEVISION NETWORK. The English language media protested vehemently against the ban in their features and editorials, but the Ministry stuck to its guns. AIR 1993 Raj. THE CABLE TELEVISION NETWORKS RULES, 1994 (29. th. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. Section 2(a): authorized officer means within his local limit of jurisdictioni a District Magistrate, orii a Sub Divisional Magistrate, oriii a Commissioner of Police, and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to an authorized officer for such local limits of jurisdiction as may be determined by the Government.[5]. The Act aimed at regulating content and operation of cable networks. However, since there is no body to pre-certify content for TV, potentially problematic programmes only come to notice once they have been aired. Or, write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. Registration as cable operator 138 . The Government of India was caught unprepared with the emergence of cable networks and broadcasting through satellites in the early 1990s. Short title and commencement .- (1) These rules … 4. (2) It extends to the whole of India. Response to TRAI Consultation Paper on Broadband Connectivity and Speed, High priced restrictive entry, distorted regulations make India's telecom sector unattractive, Short on Spectrum: Need for an enabling policy and regulatory environment, Public Debate on 'Differential Pricing': Series 3, Public Debate on 'Differential Pricing': Series 2, Public Debate on 'Differential Pricing': Series 1, Tech Talk: Landscape of Wireless Communications & Electromagnetic Spectrum, Anyone who is held to be in violation of the provisions of this Act. This was introduced section 4A which allowed operators to transmit pay channels through an addressable system[5]apart from basic package of free-to-air channels. 7 OF 1995. Finally, the government re-introduced CAS but after issuing rules as to its working and implementation. Chapter I PRELIMINARY 1.Short title, extent and commencement â (1) This ordinance may be called the Cable Television Networks (Regulation) Ordinance, 1995. 2. THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 (7 of 1995) *a [Act as on Enactment Date] [25th March 1995] [a] Gazette of India extraordinary Part II Section I dated 25th March 1995. Jay Polychem v. Union of India, (2004) IV AD 249 (Del)[7]. Television Networks (Regulation) Act of 1995. In order to give choice to the consumer it recommended the introduction of conditional access systems (CAS). Insights has redefined the way preparation is done in UPSC civil service exam, Nanda Ashirwad Complex, 3rd Floor, Please help us defend citizen and user rights on the Internet! Definitions. Topics Covered: Internal security related issues. 03 January, 1997. In this Act, unless the context otherwise requires,-(a) "cable operator' means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network; Sections 16, 17 and 18 of the Act deal with offences under the Act. The object of the Act was to regulate the ‘haphazard mushrooming of cable television networks’. The Act also gives power to the authorized officer[4] to prohibit the transmission of certain programmes in public interest under section 19 of the Act. BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:— The Sudarshan News episode came to light after the channel released a promotional trailer, terming the alleged conspiracy “bureaucracy jihad” and “UPSC jihad”. The Act is divided into five chapters. Section 9 of the Act mandates ‘use of standard equipment in cable television network’. Cable television network not to be operated except after registration. TV channels, including Zee, Sony, STAR and Aaj Tak were issued show-cause notices asking them to explain their reason for carrying surrogate liquor advertisements. Stay connected to all updated on Cable Television Networks Act of 1995 4A. The Cable Television Networks (Regulations) Ordinance Act, 1995. Section 17 deals with when an offence under this Act is committed by a company; in this case the person in charge will be liable. The Government was not able to put a check on transmission and broadcast of television through foreign satellites. Finance Ministry order 13-8 … The cable operators defended themselves by stating that the broadcasting industry is unregulated and they are forced to increase the price for proving cable television services as the broadcasting companies can increase the charges as per their wish. The research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa. However, this decision was faced with a new challenge[7]and this time the single judge bench of the Delhi High Court held that the Government does not have any ground to suspend the CAS and it has disregarded the previous decision of the Delhi High Court in Jay Polychem case. An Act further to amend the Cable Television Networks (Regulation) Act, 1995. Short title, extent and commencement – (1) This ordinance may be called the Cable Television Networks (Regulation) Ordinance, 1995. 2. The Cable Television Networks (Regulation) Amendment Bill, 2011 was introduced in the Lok Sabha on November 28, 2011 by Ms. Ambika Soni, Union Minister of Information and Broadcasting. There was a lot controversy with respect to implementation of the CAS. PRELIMINARY. Act ID: 199507: Act Number: 07: Enactment Date: 1995-03-25: Act Year: 1995: Short Title: The Cable Television Networks (Regulation) Act, 1995: Long Title: An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. This Act may be called the Cable Television Networks (Regulation) Amendment Act, 2002. Today, Insights is synonymous with UPSC civil services exam preparation. The fifth chapter covers other miscellaneous provisions. The Cable Television Networks (Regulation) Act, 1995 This Act consists of Rules and Regulations regards to Cable Television Networks in the country further still it also mentions the procedural laws and punishment of the offences related to Cable Television Networks in the country. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru, 560071. These charitable contributions will be towards the Institutional Corpus Fund of the Centre for Internet and Society. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto.BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:— Chapter I Preliminary 1. No: ---Dated: Apr, 01 1995 Cable Television Networks (Regulation) Act, 1995. Before the introduction of cable television in India, broadcasting was solely under the control of the State. Cable television network not to be operated except after registration 138 . THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 (7 OF 1995) [ 25TH MARCH, 1995] Promulgated by the President in the Forty-fifth year of the Republic of India. Under section 7, cable operators have to maintain a register as to the content transmitted or retransmitted. In public interest the central government may also ‘specify one or more free-to-air channels to be included in the package of channels’ (basic service tier). They lay down punishments for any act which is in contravention with the provisions of the Act. Short title, extent and commencement.— (1)This Act … Cable Television Networks (Regulation) Amendment Act, 2011 No. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. It is the duty of the cable operator to make sure that the cable television networks do not interfere with authorized telecommunication systems. BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows.- THE CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995 … Transmission of programmes through ad- Ministry: Ministry of Information and Broadcasting: Enforcement Date: (2) It extends to the whole of India. The Government of India was caught unprepared with the emergence of cable networks and broadcasting through satellites in the early 1990’s. The regulation of cable television network under the Act is ensured through a two step process. TRAI recommended that CAS should be denotified and it can be re-introduced later when there is adequate regulation to properly implement it. The registering authority may also refuse the registration of a cable operator. Section 4-A, Explanation (a), Cable Television Networks (Regulation) Act, 1995; Addressable system is defined as, "an electronic device or more than one electronic devices put in an integrated system through which signals of a cable television network can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within the limits of authorisation made, on the choice and request of such subscriber, by the cable operator to the subscriber."[6]. (2) It extends to the whole of India. Get a detailed description of all the sections of the Indian Kanoon Cable Television Networks Act 1995 at easyadvocacy Short title, extent and commencement 137 . The main objective of the Amendment Act was to address to the frequent and arbitrary increase in cable charges. The access to foreign television networks was considered to be a “cultural invasion” a… This finally culminated in a case[6] before the Delhi High Court. In this module, Snehashish examines the purpose of the legislation, the persons affected by it, the administrative bodies which come under the Act, the penalties (including the consequences in case of non-compliance), appeal process and the debates surrounding the legislation. This recommendation of the task force was introduced through the 2003 amendment to the Act. This highlighted the need for having a framework for the regulation of cable networks in India which led to the enactment of the Cable Television Networks (Regulation) Act, 1995. This was due to the availability of signals from foreign television networks via satellite communication. Through its diverse initiatives, CIS explores, intervenes in, and advances contemporary discourse and regulatory practices around internet, technology, and society in India, and elsewhere. The Cable Television Networks (Regulation) Act, 1995. Broadcasters, who are at the top of the pyramid, the Multi-System Operators are in the middle and the local cable operators are at the bottom of the pyramid. The Delhi High Court decided that implementation of CAS cannot be delayed. The object of the Act was to regulate the ‘haphazard mushrooming of cable television networks’. CHAPTER I PRELIMINARY 1. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. Location on Google Map. [1]. Short title . An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. You may donate online via Instamojo. The high court held that there was no violation of the right to freedom of trade because cable networks fall within the definition of “wireless telegraph apparatus” under the Indian Wireless Telegraphy Act and therefore it necessary to have licence to operate such network. September, 1994) (as amended upto 27.02.2009) G.S.R. Delhi: The Pond, Commercial Complex, B 6-7/19, Safdarjung Enclave, Opposite, Deer Park, New Delhi, Delhi 110029. Under section 20 of the Act, the Central Government in public interest may prohibit the operation cable television network. The first chapter discusses the scope and extent of the Act and meaning of the terms used in the Act. Short title, extent and commencement Judgements with Section 1, The Cable Television Networks (Regulation) Act, 1995 Be it enacted by Parliament in the Forty-sixth year of the Republic of India as follows: - Transmission of programmes through addressable system, etc.—. Location on Google Map. Section 2(g): “programme means any television broadcast and includes –i exhibition of films, features, dramas, advertisements and serials through video cassette recorders or video cassette player;ii any audio or visual or audio-visual live performance or presentation and the expression “programming service” shall be construed accordingly[4]. The access to foreign television networks was considered to be a “cultural invasion” as these channels portrayed western culture. The Government was not able to put a check on transmission and broadcast of … Bengaluru: 194, 2nd C Cross Rd, 2nd Stage, Stage 2, Domlur, Bengaluru, Karnataka 560071. An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. The episode was also challenged in the Delhi High Court, which stayed its telecast. The registration certificate which is issued by the registering authority after inspection is valid for 12 months and can be renewed. CHAPTER I . Unless otherwise specified, content licensed under Creative Commons — Attribution 3.0 Unported. The act says that no person shall operate a cable television network unless he is registered as a cable operator under this Act. Download this app from Microsoft Store for Windows 10 Mobile, Windows Phone 8.1, Windows Phone 8. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- 1. When Sudarshan News approached the court to vacate the stay, the latter asked the I&B Ministry to take a call. The Cable Television Networks Regulation Act 1995. (3) It shall be deemed to have come into force on the 29th day of September, 1994 Short title, extent and commencement.—. 21 of 2011. Registration as cable operator. 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