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Whereas airwaves are public
property and it is felt necessary to regulate the use of
such airwaves in national and public interest,
particularly with a view to ensuring proper dissemination
of content and in the widest possible manner;
Whereas the Broadcast media is a powerful purveyor of
ideas and values and plays a pivotal role in not only
providing entertainment but also disseminating
information, nurturing and cultivating diverse opinions,
educating and empowering the people of India to be
informed citizens so as to effectively participate in the
democratic process; preserving, promoting and projecting
the diversity of Indian culture and talent;
Whereas Government has issued guidelines from time to time
for regulating the Broadcasting Services and it is felt
necessary to give a statutory effect to these guidelines
and provide for a comprehensive legislation; therefore
this is a Bill
To promote facilitate and develop in an orderly manner the
carriage and content of Broadcasting,
To
provide for regulation of broadcasting services in India
for offering a wide variety of entertainment, news, views
and information in a fair, objective and competitive
manner and to provide for regulation of content for public
viewing and matters connected therewith or incidental
thereto.
To
provide for the establishment of an independent authority
to be known as the Broadcast Regulatory Authority of India
for the purpose of regulating and facilitating development
of broadcasting services in India
To
encourage Broadcasting services to be responsive to the
educational, developmental, social, cultural and other
needs and aspirations of people and include in their
programming public service messaging and content
BE
it enacted by Parliament in the Fifty –Eighth Year of the
Republic of India as follows: -
CHAPTER 1
PRELIMINARY
1. Short
title, extent and commencement: (1) This Act may be
called the Broadcasting Services Regulation Act, 2007.
(2) It extends
to the whole of India.
(3) It shall
come into force with immediate effect.
2.
Definitions: In this Act, unless the context otherwise
requires: -
(a)
“Authority” means the Broadcasting Regulatory Authority of
India established under section 14;
(b)
“Authorized Officer” with respect to a Broadcasting
Service means
i)
an
officer of the Central Government or the Authority or the
State Government for such limits of jurisdiction as may be
notified by the Central Government
ii)
on
being empowered by the Central Government to notify , an
officer of the Authority or State Government for such
limits of jurisdiction as may be notified by the Authority
or the State Government
(c)
“Broadcaster” means any person who provides a content
broadcasting service and includes a broadcasting network
service provider when he manages and operates his own
television or radio channel service.
(d)
“Broadcasting” means
assembling and programming any form of communication
content like signs, signals, writing, pictures, images and
sounds, and either placing it in electronic form on
electro-magnetic waves on specified frequencies and
transmitting it through space or cables to make it
continuously available on the carrier waves so as to be
accessible to single or multiple users through receiving
devices either directly or indirectly; and all its
grammatical variations and cognate expressions;
(e)
“Broadcasting Service”
means assembling, programming and placing communication
content in electronic form on the electro-magnetic waves
on specified frequencies and transmitting it continuously
through broadcasting network or networks so as to enable
all or any of the multiple users to access it by
connecting their receiver devices to their respective
broadcasting networks, and includes all the content
broadcasting services and the broadcasting network
services;
(f)
“Broadcasting Network Service” means a service, which
provides a network of infrastructure of cables or
transmitting devices for carrying broadcasting content in
electronic form on specified frequencies by means of
guided or unguided electromagnetic waves to multiple
users, and includes the management and operation of any of
the following:
i.
Teleport / Hub / Earth Station
ii.
Direct-to-Home (DTH) Broadcasting Network
iii.
Multi-System Cable Television Network.
iv.
Local
Cable Television Network
v.
Satellite Radio Broadcasting Network
vi.
Such
other Network Service as may be prescribed by the Central
Government
(g)
“Cable
Operator” means any person who manages and operates, or is
otherwise responsible for, a multi-system or a local cable
television network
(h)
“Cable
television channel service” means the assembly,
programming and transmission by cables of any broadcast
television content on a given set of frequencies to
multiple subscribers.
(i)
“Cable
Television Network” means any system consisting of closed
transmission paths and associated signal generation,
control and distribution equipment, designed to receive
and re-transmit television channels or programs for
reception by multiple subscribers;
(j)
“Carrier” means the electro-magnetic waves that can travel
on air or cable and are capable of carrying communication
content in electronic form on specified frequencies
(k)
“Chairperson’
means the Chairperson of the Authority appointed under
section 15;
(l)
“Channel” means a set of frequencies used for transmission
of a programme;
(m)
“Competent Authority” means the Authority designated by
the Government for the purpose of this Act;
(n)
“Community radio service” means terrestrial radio
broadcasting intended and restricted only to a specific
group & within specified territory;
(o)
“Content” means any sound, text, data, picture (still or
moving), other audio-visual representation, signal or
intelligence of any nature or any combination thereof
which is capable of being created, processed, stored,
retrieved or communicated electronically;
(p)“Content
Broadcasting service” means the assembling, programming
and placing content in electronic form and transmitting or
re-transmitting the same on electro-magnetic waves on
specified frequencies, on a broadcasting network so as to
make it available for access by multiple users by
connecting their receiving devices to the network,
and includes the management and operation of any of the
following:
i.
Terrestrial television service;
ii.
Terrestrial radio service;
iii.
Satellite television service;
iv.
Satellite radio service;
v.
Cable
television channel service;
vi.
Community radio service;
vii.
Such
other content broadcasting services as may be prescribed
by the Central Government.
(q)“Content
Code” means broadcasting content certification and
regulation rules as prescribed under secion 4(3) of this
Bill;
(r)‘‘content
produced in India’’ means a television or radio programme,
excluding transmission of sporting events
and compilations thereof, advertisements,
and continuity announcements, which is produced—
(i)
by a broadcasting service licensee;
(ii)
by a person who is a citizen of, and permanently resident
in India;
(iii) by a juristic person, the majority of the directors,
shareholders or members of whom are citizens of, and
permanently resident in India;
(iv)
in a co-production in which persons referred to in
subparagraphs (i), (ii) or (iii) have at least a fifty
percent financial interest;
(v) by persons
referred to in subparagraphs (i), (ii), (iii) or (iv), in
circumstances where the prescribed number of key personnel
who are involved in the production of the television
programme, are citizens of, and permanently resident in
India; or
(vi) by
persons referred to in subparagraphs (i), (ii), (iii) or
(iv), in circumstances where the prescribed percentage of
the production costs are incurred in India;
(s)“Decoder”
means an equipment for decoding an encrypted channel to
facilitate its intelligible reception;
(t)“
Digital Addressable System”
means a mechanism or
electronic device or more than one electronic devices put
in an integrated system through which digital broadcasting
signals of a service provider can be sent in an encrypted
or unencrypted form, which can be decoded by a mechanism
or 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 service provider to
the subscriber;
(u)“Direct-To-Home
Broadcasting Service” means a service for multi channel
distribution of programmes direct to
subscriber’s premises by uplinking to a
satellite system specified for the purpose by the
Competent Authority;
(v)“Downlinking”
with reference to satellite broadcast or DTH Broadcasting
service means reception of programmes transmitted from a
satellite to an earth station or a receiving device;
(w)“Encrypted”
means treated electronically or otherwise for the purpose
of preventing intelligible reception by unauthorized
persons;
(x)“Frequency”
means frequency of electro-magnetic waves used for
transmission of broadcasting service;
(y)“Foreign
satellite broadcasting service’ means a broadcasting
service provided by using a satellite, up linked from a
foreign country and receivable in India;
(z)“Free-to-air
broadcasting service” means a non encrypted broadcasting
service made available for reception by receiving
apparatus commonly available to the public without
requiring payment of a subscription fee;
(aa)“interconnected
undertakings” shall have the same meaning as assigned to
it in the Monopolies and Restrictive Trade Practices Act,
1969
(ba)“License”
means a license issued for any of the broadcasting
services by the relevant Licensing Authority prescribed by
the Central Government under this Act;
(ca)“Licensing
Authority” means an officer of the Central Government or
the Authority or the State Government, so notified by the
Central Government in respect of any of the broadcasting
services and for such limits of jurisdiction as may be
determined by the Central Government.
(da)“Licensed
service” means a broadcasting service licensed by the
Licencing Authority;
(ea)“live”
in relation to broadcasting of an event, or series of
events, has the meaning generally accepted within the
broadcasting industry.
(fa)“Local
cable operator” means any person who manages and operates
or is responsible for the management and operation of a
cable television network to provide a cable television
service to multiple subscribers in a particular area
(ga)“Local
Delivery service” means a service for multi-channel
downlinking and distribution of television programmes by a
land based transmission system using wired cable or
wireless cable or a combination of both for simultaneous
reception either by multiple subscribers directly or
through one or more local cable operators
(ha)“Member”
means a Whole-time Member of the Authority referred to in
section 13 and includes the Chairperson;
(ia)“Multi-System
Cable Television Network” means a system for multi-channel
downlinking and distribution of television programmes by a
land based transmission system using wired cable or
wireless cable or a combination of both for simultaneous
reception either by multiple subscribers directly or
through one or more local cable operators
(ja)“Multi
System Operator (MSO)” means any person who manages and
operates a multi-system cable television network to
provide a cable television service to multiple
subscribers, which may or may not include other value
added services including telecommunications and Internet.
(ka)
“Network operator” means any person who provides a
broadcasting network service.
(la)“News and Current Affairs
Channel” means a channel that broadcasts programs
containing reports and
discussions on current events, ideas, individuals and
institutions dealing with political, social, economic and
such other subjects as are of general interest to the
public at large, but does not include a channel that
exclusively broadcasts scientific, cultural, educational
or entertainment programs including news relating thereto.
(ma)” Non
Prime Band” shall be interpreted in relation to Prime Band
(na)“Notification”
means a notification published in the official Gazette or
posted on the official web site of the Ministry of
Information & Broadcasting or of the Authority or of the
Council, as the case may be, and the expression “notified”
to be construed accordingly;
(oa) “ Person”
as mentioned in the definitions of Cable operator, Local
Cable Operator and Multi-System Operator means
ii)
An
individual who is a citizen of India;
iii)
An
association of individuals or body of individuals, whether
incorporated or not, whose members are citizens of India;
iv)
A
company as defined in section 3 of the Companies Act, 1956
(1 of 1956) with such eligibility conditions as may be
specified by the Central Government or the Authority;
(pa)“Prescribed”
means prescribed by rules notified under this Act;
(qa)“Prasar
Bharti” means the Corporation known as the Prasar Bharati
(Broadcasting Corporation of India) established under
subsection (1) of section 3 of the Prasar Bharti (
Broadcasting Corporation of India ) Act,1990;
(ra)“Prime
Band” constitutes frequencies relating to channel falling
in band 1 (Channels 2 to 4 ranging from 47 to 68 MHz) and
Band III (Channels 5 to 12 ranging from 174 to 230 MHz)
(sa)“Private
communication” means:
(i) A
communication between two or more persons that is of a
private or domestic nature;
(ii) An
internal communication of a business, government agency or
other organization for the purpose of the operation of the
business, agency or organization; and
(iii)
Communication in such other circumstances as may be
prescribed.
(ta) “
Program” in relation to broadcasting service, means:
(i)
Any
matter the purpose of which is related to entertain,
educate or inform public or
(ii)
Any
advertising or sponsorship matter, whether or not of a
commercial kind;
But does not
include any matter that is wholly related to or connected
with any private communication.
(ua) “Public
service broadcaster” means Prasar Bharati or any other
entity which may be notified as public service broadcaster
by Central Government
(va)“Public
Service Broadcasting” means the broadcasting of content
that is socially , economically and culturally relevant
and is in public interest and welfare
(wa)“Public
Service Broadcasting Channel” means a radio or television
channel of Public Service Broadcaster i.e Prasar Bharati
or any other Channel so notified by the Central Government
on the recommendations of the Public Service Broadcasting
Council
(xa)“Public
Service Broadcasting Council’ means an autonomous body
constituted as per section 30 of this Act
(ya)“Public
Service Broadcasting Obligation Fund” refers to the fund
created as per provisions of subsection (4) of section 14
of this Act.
(za)“ Public
Service Broadcasting Obligation” shall mean obligations
supposed to be discharged by a broadcasting service
provider as per provisions of section 13 of this Act
(ab)“Registered
channel” means a broadcasting channel registered under
this Act
(bb)
“Regulations” means regulations made by the Authority or
by the Council under this Act;
(cb)“Satellite
television service” means a television broadcasting
service provided by using a satellite, and received with
or without the help of a local delivery system but does
not include Direct-to-Home delivery service;
Explanation:
Decision of the Authority whether a particular service
falls in the category of a satellite broadcasting service
or a Direct-to-Home delivery service shall be final.
(db)“Satellite
radio service” means a radio broadcasting service provided
by using a satellite and directly receivable through
receiver sets by multiple subscribers in India;
(eb) “Service
provider” means provider of a broadcasting service;
(fb) "sporting
events of national importance" means such national or
international
sporting
events; held in India or abroad, as may be notified by the
Central Government in the Official Gazette to be of
national importance;
(gb)“Subscriber”
of a service means a person who receives the service at a
place indicated by him without further transmitting it to
any other person;
(hb)“Subscription
fee” means any form of consideration given by subscriber;
(ib)“Terrestrial
television service” means a television broadcasting
service provided over the air by using a land based
transmitter and directly received through receiver sets by
the public but does not include a local delivery service;
Explanation: Decision of the Authority whether a
particular service falls in the category of a terrestrial
television service or a local delivery service shall be
final;
(jb)“Terrestrial
radio service” means a radio broadcasting service
provided over the air by using a land-based transmitter
and directly received through receiver sets by the public;
(kb)“Whole-time
Member” means a Whole-time Member of the Authority
appointed under section 13;
(lb)“Wireless
cable” means a land based wireless transmission system
used for multi-point multi-channel distribution of
programmes on frequencies designated for the purpose by
the Competent Authority;
(mb)“Uplinking”
with reference to satellite broadcast or Direct-to-Home
service means uplinking of programme transmission from an
earth station or a transmitting device to the satellite;
(nb)“Year”
means the financial year.
CHAPTER 2
REGULATION OF BROADCASTING
SERVICES
3.
Broadcasting services not without license: (1) No
person shall, after the commencement of this Act, provide
any broadcasting service, or broadcast any program or
channel, without obtaining a license for such service or
permission for such program or registration of such
channel, in accordance with the policy guidelines
prescribed under this Act for regulating such broadcasting
service, program or channel.
Provided that
the cable operators registered under the Cable Television
Networks (Regulation) Act, 1995 may continue to provide
cable services in accordance with the conditions laid down
in section 49 of this Act;
Provided
further that the permissions issued, license agreements
signed with private operators, and registration of
channels done, by the Central Government, from time to
time under respective guidelines listed under sub-section
(3) of this section, read with Indian Telegraph Act, 1885,
prior to the commencement of this Act shall be deemed to
be licenses issued under the provisions of this Act from
the respective dates of issue of such permission or
signing of such license agreement, or registration of such
television channel, and shall be valid till the date of
expiry of the original permission or license agreement or
registration, as the case may be, notwithstanding anything
contained in this Act or any other law for the time being
in force.
Provided
further that the Central Government or the Authority may
make appropriate modifications, additions and deletions in
the terms and conditions of such permissions or licences
or registrations or any agreements already executed as
mentioned in the second proviso to bring them in
conformity with the provisions of this Bill or any Rules
or Regulations or Guidelines issued thereunder
Provided
further that the Central Government may, by notification,
exempt Prasar Bharti or any other Public service
Broadcasting Channel, as may be specified, from all or any
of the provisions of this Act.
Provided
further that the Government may, by notification, exempt
such non-commercial establishments under common ownership
from obtaining a license for a Local Delivery Service
without using wireless cable, for the purpose of providing
such service for the exclusive use of their members
subject to such conditions and restrictions as may be
specified.
4. Registration of channels
and compliance with the Content Code:
(1) Every service provider
shall register his television or radio channel with the
Authority in the manner prescribed.
(2) The Authority may
refuse to register a channel, if it is of the considered
opinion that the content of the channel is likely to
threaten the security and integrity of the State or
threaten peace and harmony or public order in the whole or
a part of the country, or threaten relations with foreign
countries
Provided that no such order
of refusal shall be issued without giving a reasonable
opportunity to the applicant company or the service
provider of being heard.
(3) No service provider
shall provide any broadcasting content that is not in
conformity with the broadcasting content certification and
regulation rules, hereafter referred to as ‘the Content
Code’, as may be prescribed by the Government under this
Act
Provided that
till such time as the Content code is notified under this
Act, all service providers shall adhere to the Programme
Code and the Advertising Code prescribed under the Cable
Television Network Rules 1994.
5. Central
Government to exercise certain powers in a situation of
external threat or war involving India :
(i)The Central
Government may at any time, if it appears necessary or
expedient to do so in public interest , in respect of a
broadcasting service , in a situation of external threat
or war involving India, direct the service provider to
stop broadcasting its service or transmit in its
broadcasting service such programmes or announcements in
such manner as may be considered necessary. The service
provider shall immediately comply with all such directions
failing which the Central Government may direct the
Licencing Authority to suspend or revoke its licence.
(ii) A copy of
every direction issued under this section shall be laid
before each house of Parliament
6.
Central Government to exercise certain powers in
exceptional circumstances: (i)The Central Government
may under exceptional circumstances, if it appears
necessary or expedient to do so in public interest, in
respect of any broadcasting service, which is considered
prejudicial to relations with a foreign country, public
order, or internal security , direct the service provider
to stop broadcasting its service or transmit in its
broadcasting service such programmes or announcements in
such manner as may be considered necessary. The service
provider shall immediately comply with all such directions
failing which the Central Government may direct the
Licencing Authority to suspend its licence
(ii)An appeal
against any such order or direction under subsection (i)shall
lie to the High court.
(iii) A copy
of every direction issued under this section shall be
laid before each house of Parliament
7 Mandatory
sharing of Sports Broadcasting signals with Prasar Bharti
:
(l)For the
purpose of ensuring the widest availability of broadcast
signals for viewing in India, no content rights owner or
holder and no television or radio broadcasting service
provider shall carry a live or delayed live television
broadcast on any cable or Direct-to-Home network or radio
commentary broadcast on its Amplitude Modulation (AM) and
Frequency Modulation (FM) channels in India of sporting
events of national importance, unless it simultaneously
offers the same live or delayed live broadcasting signal,
without its advertisements, to the Prasar Bharati to
enable it to re-transmit the same on its terrestrial
networks and Direct-to-Home networks in such manner and
on such terms and conditions as may be specified.
Provided that
if a content rights owner or holder is not generating any
radio commentary of the event, then Prasar Bharati shall
have the right to produce the radio commentary for
transmission on its Amplitude Modulation (AM) and
Frequency Modulation (FM) channels subject to the
condition that the revenue derived from such broadcast
shall be shared on a 50:50 basis after exclusion of
production cost
(2) The terms
and conditions under sub-section (1) shall also provide
that the advertisement revenue sharing between the content
rights owner or holder and the Prasar Bharati shall be in
the ratio of not less than 75:25 in case of television
coverage and 50:50 in case of radio coverage.
(3) The
Central Government may specify a percentage of the revenue
received by the Prasar Bharati under sub-section (2),
which shall be utilised by the Prasar Bharati for
broadcasting other sporting events.
8.
Compulsory transmission of Public Service Broadcasting
channels:
(1) Every cable operator shall
re-transmit,-
(i) channels operated by or on behalf
of Parliament in the manner and name as may be specified
by the Central Government by notification in the Official
Gazette;
(ii)at least two Doordarshan
terrestrial channels and one regional language channel of
a State in the Prime band,
in satellite mode on frequencies other
than those carrying terrestrial frequencies.
(2) The channels referred to in
sub-section (1) shall be re-transmitted without any
deletion or alteration of any programme transmitted on
such channels.
(3) The Central Government may, by
notification in the Official Gazette, specify the name of
every Doordarshan channel and any other public service
broadcasting channel to be retransmitted by cable
operators in their cable service as also the number of
channels to be carried in the non-prime band and the
manner of reception and retransmission of such channels.
(4) The
Central Government may specify the number and names of
channels to be mandatorily carried by other categories of
Broadcasting Network service Providers and the manner of
reception and retransmission of such channels.
9.
Introduction of digital addressable systems (DASs) in
broadcasting network services: (1) Where the Central
Government is satisfied that it is necessary in public
interest to do so, it may, by notification, make it
obligatory for every broadcasting network service provider
in the country to transmit or re-transmit content of any
or all channels provided by him, through a digital
addressable system with effect from such date as may be
specified in the notification.
(2) With a view to ensuring that the broadcasting network
service providers comply with the obligation under
sub-section (1), the Central Government may, by
notification, prescribe a transitional scheme for
introduction of digital addressable systems (DASs) by
service providers, with effect from such date as may be
specified in the notification, and different dates may be
specified for different types of service providers in
different States, cities, towns or areas, which may, inter
alia, provide for the following:
(a)
Policy
guidelines, transitional arrangements and the time frame
within which the service providers in different areas
shall complete the process of providing the DASs to all
their viewers,
(b)
Obligations of the broadcasters in terms of declaration of
prices of their registered channels, commercial
arrangements with their distributors and networks service
providers etc.
(c)
Obligations of the Multi-service Operators (MSOs) and
Local Cable Operators (LCOs) who introduce DASs in terms
of their supply, maintenance, quality of service
standards, subscriber management system etc.
(d)
Obligations of the MSOs and LCOs who continue for the time
being with the existing non-addressable systems in terms
of declaration of the available number, names and prices
of channels, maintenance of subscriber registers and
furnishing periodical information etc.
(e)
Rights
and obligations of the viewers in terms of getting quality
of service, options to choose channels, making payments
for the DASs and monthly subscriptions for the channels,
proper upkeep and use of DASs etc.
(f)
Powers
and functions of the Authority in terms of regulation of,
and adjudication on, the commercial arrangements among
various service providers, prescribing quality of service
standards, enforcement of license conditions and other
obligations under the scheme on the service providers and
the viewers etc.
(g)
Such
other terms and conditions of the scheme as are considered
necessary and desirable for ensuring the successful
transition from the existing technology to the digital
addressable systems within the time frame prescribed under
sub-section (1).
(3)
Notwithstanding anything contained in sub-sections (1) and
(2) or any other law for the time being in force, the
Central Government shall have the power, for reasons to be
recorded in writing, to postpone or advance any specified
date or dates, or by notification, modify, suspend or
revoke a notification already issued or any other order or
direction issued by it or the Authority
Provided that
any order issued or action taken by the Central Government
or the Authority or by any other person in pursuance of
the earlier notification or order shall, unless specified
otherwise, be deemed to be valid and continue to be in
operation as if the earlier notification had never been
modified, suspended or revoked, as the case may be.
10. Powers
and functions of the Central Government: The Central
Government shall have the authority to -
i)
Prescribe policy guidelines and procedures for the grant,
refusal or revocation of licenses/ registration for all
types of broadcasting services;
ii)
Designate and notify such officers of the Central
Government, State Governments or the Authority as may be
considered necessary, as the Licensing Authorities to
grant, refuse or revoke licenses/ registration in respect
of such broadcasting services and for such limits of
jurisdiction as may be prescribed;
iii)
Prescribe the terms and conditions of licenses /
registration to service providers and procedures to ensure
their compliance by the service providers;
iv)
Prescribe license fees and processing fees for grant of
licenses / permissions / registration for different types
of broadcasting services;
v)
Prescribe policy guidelines, including transitional
arrangements, to facilitate the introduction of digital
addressable systems in broadcasting services throughout
the country in a time-bound manner;
vi)
Prescribe guidelines and norms to evaluate and certify
broadcasting content and the terms and conditions of
broadcasting different categories of content by the
service-providers;
vii)
Prescribe policy guidelines and institutional arrangements
for self-regulation of broadcasting content by the service
providers in conformity with the prescribed norms;
viii)
Prescribe guidelines and institutional arrangements for
complaint / grievance redressal against violations of the
prescribed norms of broadcasting content code by service
providers;
ix)
Prescribe policy guidelines to facilitate competition and
promote efficiency in the operation of broadcasting
services so as to facilitate growth in such services;
x)
Prescribe policy guidelines laying down terms and
conditions for mandatory sharing of broadcasting signals
with prasar Bharati relating to sporting events of
national importance
xi)
Prescribe a percentage of revenue received by Prasar
Bharati under subsection (3) of section 7, which shall be
utilized by the Prasar Bharati for broadcasting other
sporting events
xii)
Prescribe such eligibility conditions and restrictions on
ownership as mentioned in section 12
xiii)
Prescribe limits on Public service Broadcasting
obligations as mentioned in section 13
xiv)
Exercise, or authorize other existing institutions to
exercise, any or all the powers and perform any or all the
functions of the new institutions, pending their creation
and operationalisation.
11.
validation of the guidelines already issued:
(1)The
following guidelines issued and amended by the Central
Government from time to time before coming into force of
this Act, shall be deemed to have been issued under this
Act:
(i)
Uplinking Guidelines of 2000
(ii)
FM
Radio Policy for private agencies of 2000 (Phase 1)
(iii)
DTH
Policy Guidelines of 2001
(iv)
SNG/DSNG
Use Guidelines of 2002
(v)
Community Radio Policy of 2002
(vi)
Revision of Uplinking Policy Guidelines of March 2003
(vii)
Revision of Uplinking Policy Guidelines of August 2003
(viii)
FM
Radio Policy Phase 2 of July 2005
(ix)
Downlinking Guidelines of November 2005
(x)
Consolidated Uplinking Guidelines of December 2005
(2)
Notwithstanding anything contained in any judgement ,
decree or order of any court, tribunal or other authority,
any action taken by the Central Government or the Prasar
Bharati in pursuance of the Guidelines referred to in
sub-section (1) shall be deemed to be and to have always
been for all purposes in accordance with the law, as if
the Guidelines had been validly in force at all material
times and notwithstanding anything as aforesaid and
without prejudice to the generality of the foregoing
provisions, no legal proceeding shall be maintained or
continued in any court for the enforcement of any
direction given by any court or any decree or order which
would not have been so given had the Guidelines been
validly in force at all material times.
12.
Restrictions on accumulation of interest: (1)
The Central Government shall have the authority to
prescribe such eligibility conditions and restrictions
with regard to accumulation of interest at national, state
or local level in the broadcast segments of the media by
the print or other media as may be considered necessary
from time to time, to prevent monopolies across different
segments of the media as well as within the broadcast
segments, to ensure plurality and diversity of news and
views.
(2) No content
broadcasting service provider together with its
interconnected undertakings shall have more than the
prescribed share of paid up equity or have any other
financing or commercial arrangement that may give it
management control over the financial, management or
editorial policies of any broadcasting network service
provider.
Provided that
this condition will not be applicable in cases where a
content broadcasting service provider requires a teleport
or such other infrastructure for captive use to make its
content available to other broadcasting network service
providers.
(3)
No broadcasting network service provider together with
its interconnected undertakings shall have more than the
prescribed share of paid up equity or have any other
financing or commercial arrangement that may give it
management control over the financial, management or
editorial policies of any content broadcasting service
provider.
(4)
No content broadcasting service provider together with its
interconnected undertakings shall have more than the
prescribed share of the total number of channels in a city
or a state subject to a prescribed overall ceiling for
the whole country.
(5)
The restrictions as required under subsections (1) to (4)
above shall be laid down by the Central Government in
consultation with the Authority, on the basis of a review
to be conducted every 3 years by the Authority.
Provided that till such a review is done by the Authority
and restrictions revised by the Government the prescribed
share under subsection(2) and (3) shall be taken as 20%
and the overall ceiling on the total number of channels
under subsection(4) as 15%.
Provided further that in a subsequent review the Central
Government shall not reduce the prescribed share to a
level below that prescribed under first proviso
Provided further that any broadcasting service provider,
in breach of the restrictions as provided under the first
proviso of this subsection , shall submit his compliance
plan to the Government within two months and shall come
into compliance within one year of the coming into force
of this Act.
13. Public
Service Broadcasting Obligations: (1) Every
broadcasting service provider shall discharge such public
service broadcasting obligations as the Central Government
may prescribe from time to time in accordance with the
limits indicated below:
(a)
The
share of content produced in India shall be as prescribed
by the Central Government and shall not be less than 15%
of the total content of a channel broadcast during every
week.
(b)
The
share of public service/social messaging through
advertisements and such other promotional
materials/messages shall be as notified by Central
Government from time to time and not more than 10% of the
total commercial time of a channel broadcast during every
week.
(c)
The
share of public service/socially relevant program content
shall be as notified by Central Government from time to
time and not more than 10% of the total program content
of a channel broadcast during every week.
Provided that
the Central Government may provide a time frame to comply
with any one or more of the obligations as mentioned
above,
Provided
further that Central Government may lay down policy
Guidelines to either exempt or to allow partial compliance
or the permissible manner of compliance with respect to an
individual broadcaster or certain categories of
broadcasters.
(2)
In the event of failure to comply with the public service
obligation, every content-broadcasting service provider
shall be liable to pay such amount to the Authority , as
may be calculated by the Authority in the manner
prescribed by the Central Government towards its public
service obligation.
(3)
(i)Public Service Broadcasting Council as constituted
under the Act shall discharge the responsibility of
ensuring compliance of public service broadcasting
obligations by broadcasters and shall suggest to the
Authority the amount of penalty to be paid by a
broadcaster for non-compliance of its obligations as laid
down under subsection (1)
(ii)
Public Service Broadcasting Council will also lay down
regulations from time to time as to what will constitute
public service/socially relevant programming or messaging
and how its share is to be calculated.
(4) The
amount of penalty paid shall be deposited in a fund to be
called the “ public service broadcasting obligation
fund”.
CHAPTER
3
BROADCASTING REGULATORY AUTHORITY OF INDIA
14. Establishment and
incorporation of the Authority:
(1)
With effect from such date, as the Central Government may
by notification appoint in this behalf, there shall be
established for the purposes of this Act an Authority, to
be known as the Broadcast Regulatory Authority of India.
(2) The
Authority shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal with power
to acquire, hold and dispose of property, both movable and
immovable, and to contract, and shall by the said name sue
and be sued.
(3) The
Authority shall consist of one Chairperson and not more
than six whole-time Members . One third of the Members
shall be Women.
(4) The head
office of the Authority shall be New Delhi.
15.
Appointment of Chairperson and Members:
(1) The
Chairperson and Members of the Authority shall be
appointed by the Central Government on the recommendations
of a Committee consisting of the Chairman of the Council
of States (Rajya Sabha), the Speaker of the House of the
People (Lok Sabha) and the Leader of the opposition in the
House of the People (Lok Sabha) ). The quorum for making
this recommendation shall be two ( 2 ) in case the post of
Leader of Opposition is vacant.
(2) The
Central Government shall intimate the vacancies to the
Committee and also provide a list of names of eligible
applicants for consideration. The Committee shall be free
to consider any other eligible names as it deems fit.
(3) If the
Committee fails to arrive at a consensus within 30 days of
submission of the list of eligible applicants or in three
sittings, whichever is earlier, the matter will be placed
before the President of India for a decision.
(4)The
whole-time Chairperson and six whole-time members of the
Authority shall be so appointed as to include one each
from amongst eminent persons who have special knowledge of
and professional experience of at least 25 years in, the
fields of
(a)
Television, Radio, Cinema, Advertising, Audio-Visuals,
Fine Arts etc.;
(b)
Journalism, Mass Communication, Literature, Social
Sciences etc.;
(c)
Finance, Commerce, Audit, Accountancy etc.;
(d)
Electronics, Telecommunication, Information Technology
etc;
(e)
Consumer Affairs, Social Work/Service, Civil Society
Organizations etc.;
(f)
Law,
Judiciary etc.;
(g)
Public
Administration, Management etc.;
(5) The
recommendations made by the Committee constituted under
subsection(1) shall be binding for the purposes of
appointment under this section.
16. Term of
office, conditions of service etc. of the Chairman and
other members: (1) Before appointing any
person as the Chairperson or a whole-time member, the
Central Government shall satisfy itself that the person
does not have any such financial or other interest as is
likely to affect prejudicially his functions as such
member.
(2)
The
Chairperson and other whole-time members shall hold office
for a term of six years from the date on which they enter
upon their offices or till they attain the age of
sixty-five years, whichever is earlier.But one-third of
the Members shall retire on the expiration of every second
year.
(3)
As soon
as may be after the establishment of the Authority, the
Central Government may, by order, make such provision as
it thinks fit for curtailing the term of office of some of
the Members then appointed in order that one third of the
Members holding office shall retire in every second year
thereafter
(4)
The
Chairperson or a member shall not be eligible for a second
term but a member will be eligible for appointment as
Chairperson of the Authority for the remaining part of his
term.
(5)
Where
before the expiry of the term of office of a person
holding the office of Chairman, or any other Member, a
vacancy arises, for any reason whatsoever, such vacancy
shall be deemed to be a casual vacancy and the person
appointed to fill such vacancy shall hold office for the
unexpired period of the term for which his predecessor in
office would have held office if such vacancy had not
arisen.
(6)
The
Chairperson or a whole-time member shall not take up any
commercial employment in the organizations that fall
within the operational jurisdiction of the Authority,
after demitting office within a period of one year without
the prior permission of the Central Government.
(7)
The
salary and allowances payable to and other conditions of
service of the Chairperson and other whole-time members
shall be such as may be prescribed.
(8)
A
person having commercial employment or interest, direct or
indirect, in any broadcasting services provider,
newspaper, advertising or programme producing agency shall
not be eligible for appointment or continuation as
Chairperson or a whole-time member.
17. Powers
of the Chairperson: The Chairperson shall have
powers of general superintendence and direction in the
conduct of the affairs of the Authority and he shall, in
addition to presiding over the meetings of the Authority,
exercise such powers of the Authority, and shall discharge
such functions of the Authority, as may be prescribed.
18.
Removal, suspension or resignation of Chairperson and
members: (1) The Central Government may remove from
office or suspend the Chairperson or any member of the
Authority who:
(a)
Ceases
to be a citizen of India; or
(b)
Is
adjudged an insolvent; or
(c)
Is
convicted or any offence involving moral turpitude; or
(d)
Is, in
the opinion of the Central Government, unfit to continue
in office by reason of infirmity or body or mind; or
(e)
Engages
during his term of office in any paid employment outside
the duties of his office;
(f)
Acquires such financial or other interest as is likely to
affect prejudicially his functions as a Chairperson or
member;
(g)
Abuses
his position so as to render his continuance in office
prejudicial to public interest.
(2) The
Chairperson or any other member may resign his office by
giving notice thereof in writing to the Central Government
and on such resignation being accepted, the Chairperson or
the member shall be deemed to have vacated his office.
19.
Meetings of the Authority or its committees: (1)
The Authority may constitute committees of the Authority
for specific purposes, and make regulations for the
transaction of business at the meetings of the Authority
as well as its committees
(2) The
Authority or its committee shall meet at such time and
place and shall observe such procedure in regard to the
transaction of business at its meetings as may be provided
by regulations.
(3) The
Chairperson shall preside at the meetings of the Authority
or its committee, and if for any reason he is unable to
attend any meeting, any other whole-time member elected by
the members present at such meeting, shall preside at the
meetings.
(4) A member
shall be deemed to have vacated his office if he absents
himself for three consecutive meetings of the Authority
without the leave of the Chairperson.
(5) All
questions which come up before any meeting of the
Authority shall be decided by a majority of the votes of
the members present and voting and, in the event of an
equality of votes, the Chairperson, or in his absence, the
person presiding, shall have and exercise a second or
casting vote.
20.
Vacancies not to invalidate proceedings: No
act or proceedings of the Authority shall be invalid
merely by reason of-
(a)
Any
vacancy in, or any defect in the constitution of, the
Authority; or
(b)
Any
defect in the appointment of a person acting as a member;
or
(c)
Any
irregularity in the procedure of the Authority not
affecting the merits of the case.
21.
Regional offices of the Authority: The
Authority may, with the prior approval of the Central
Government set up Regional Offices at Ahmedabad,
Bangalore, Bhopal, Chennai, Delhi, Guwahati, Kolkata,
Lucknow, Mumbai, Patna and such other regional offices at
places to be notified by the Govt., and to perform such
functions and with such jurisdictions as may be
prescribed. At each such Regional Offices there shall be
one Regional Director to be appointed by the Central
Government to discharge the functions delegated to him by
the Authority.
22.
Secretary and other officers and employees of the
Authority: (1) Secretary of the Authority shall be the
Chief Executive Officer of the Authority. Subject to the
provisions of section 17 of the Act, the Secretary shall
exercise such powers and discharge such functions of the
Authority as may be delegated to him by the Authority.
(2) The
Central Government shall make available to the Authority,
a panel of not less than three officers of the rank of the
Additional Secretary to the Government of India, and the
Authority may select one of them and recommend his
appointment as Secretary of the Authority to the
Government.
(3) The
Central Government shall make available a panel of not
less than three officers of the rank of Joint Secretary to
the Government of India for each of the ten Regional
Offices, and the Authority may select one from each panel
and recommend his/her appointment to the Government. As
and when more regional offices are opened, the Authority
may seek officers of the rank of Joint Secretary or
Director to the Government of India, as the case may be,
for appointment as their Regional Directors.
(4) The
Authority may appoint such officers and other employees,
as it considers necessary for the efficient discharge of
its functions under this Act in the manner as provided by
the regulations.
(5) The salary
and allowances payable to and other conditions of service
of the officers and other employees of the Authority shall
be such as may be determined by regulations.
23. Powers
and functions of the Authority: (1) Authority shall
exercise the following powers and functions:
(a)
Notify
the terms and conditions of licenses for various
categories of service providers, in accordance with the
policy guidelines prescribed by the Government;
(b)
Recommend to the Central Government, guidelines or norms
or amendments of prescribed guidelines or norms, in the
light of its experience in the discharge of its functions,
as well as on such other issues as may be referred to it
by the Government;
(c)
Grant
registration to TV and Radio channels as provided under
Section 4 of the Bill;
(d)
Lay-down the standards of quality of service to be
provided by the service providers and conduct the
periodical survey of such service provided by the service
providers so as to protect interest of the consumers of
broadcasting service;
(e)
Notify
detailed regulations to implement the policy guidelines
prescribed by Government and take all necessary legal and
administrative actions to ensure their compliance by the
service providers
(f)
Formulate and determine conditions for fair, equitable and
non discriminatory access to broadcasting services
(g)
Consider and publish its findings for wider public debate
on issues of public importance relating to broadcasting
services and their program content;
(h)
Facilitate competition and promote efficiency in the
operation of broadcasting services so as to facilitate
growth in such services;
(i)
Advise
the Central Government in the matters relating to the
development of broadcasting technology and any other
matter relatable to broadcasting industry in general;
(j)
Evolve
codes and practices in respect of such other services
which are neither licensed nor registered under this Act
as may be notified by the Central Government from time to
time and lay down obligations on services providers for
such codes and practices in a manner as may be prescribed;
(k)
Hear
appeals against the orders and directions of the Licensing
Authorities
(l)
Adjudicate on disputes between two or more Licensing
Authorities or between a licensing authority and one or
more service providers under jurisdiction of other
licensing authorities, or between two or more service
providers under jurisdiction of more than one licensing
authority
(m)
Certify
content in respect of such categories of programs or
advertisements or promotional materials as require
certification before broadcast, as may be prescribed in
the Content Code;
(n)
Adjudicate between licensing authorities or consumers or
complainants and the service providers in respect of
violations of the Content Code, and impose penalties in
accordance with prescribed norms;
(o)
Perform
such other functions including such administrative and
financial functions as may be entrusted to it by the
Central Government or as may be necessary to carry out the
provisions of this Act.
(2) The
Authority may, for the discharge of its functions under
sub-section (1) of this section, issue such directions
from time to time to the service providers, as it may
consider necessary.
(3) The
Authority may by general or special order, delegate to its
Chairperson or a Member or Secretary or Regional officers
or any other officer of the Authority or to any
“Authorized Officer”, subject to such conditions and
limitations, if any, as may be specified therein, such of
its powers and duties under this Act as it may deem fit.
24. Powers
and functions of the Licensing Authorities: (1) The
Licensing Authorities shall exercise all or any of the
following powers and functions with respect only to the
service provider licenced by it
(a)
Grant,
refuse or revoke licenses / registration in respect of
such broadcasting services and for such limits of
jurisdiction as may be prescribed;
(b)
Inspect, enquire or supervise, or direct an “authorized
officer” to inspect, enquire or supervise all or any of
the service providers to ensure compliance with the terms
and conditions of their respective licenses
(c)
Ensure
technical compatibility and effective inter-connection
between service providers
(d)
Arbitrate between service providers in respect of
commercial arrangement mandated by the Central Government
or the Authority for sharing their revenue derived from
providing broadcasting services;
(e)
Ensure
effective compliance of such public service broadcasting
obligations as may be prescribed for its licensees;
(f)
Perform
such other functions including such administrative and
financial functions as may be entrusted to it by the
Central Government or as may be necessary to carry out the
provisions of this Act.
(g)
Adjudicate between consumers and service providers, in
respect of complaints and disputes regarding the quality
or standards of service and payments by the consumers.
(h)
Impose
in accordance with prescribed norms, all or any of the
penalties, individually or in combination, in case of
breach of any terms and conditions of the license /
permission / registration, after providing an opportunity
to the concerned service provider of being heard
Provided that
the violations of the Content Code shall be punishable
only by the Authority, and the licensing authority shall
have the power to enforce compliance with such punishment
by the service provider.
25. Powers
and functions of the ‘Authorized Officers’: Subject to
such directions as may be given from time to time by the
Central Government or the Authority, every authorized
officer shall have the following powers:
(i)
To
inspect, search and seize equipment etc. under section 26
of this Act.
(ii)
To
prosecute, on a written complaint by the concerned
Licensing Authority, such licensed service providers or
other persons as are found to have committed offences
under the Act.
(iii)
To
co-ordinate with the Licensing Authorities to ensure that
the terms and conditions of the licenses are not violated
by any service provider
(iv)
To
receive and enquire into complaints from consumer groups
or individual consumers or others regarding content or
quality of service and report to the Licensing Authority
for appropriate action.
(v)
Any
other powers and functions as may be delegated to him by
the Authority as deemed necessary.
26. Seizure
and confiscation of certain equipment: (1) If any
authorized officer has reason to believe, or is directed
by the Licensing Authority or the Authority or the Central
Government, as the case may be, that the provisions of
sub-section (1) of section 3, with respect to requirement
of licences for broadcasting services ; or sub-section
(1) of section 4 with respect to registration of channels
; or of section 5 with respect to directions of the
Central Government in case of external threat or war; or
section 6 with respect to directions of the Central
Government in case of exceptional circumstances , of this
Act have been or are being contravened by any person, he
may seize the equipment being used by such person for
operating such unlicensed service or broadcasting such
unregistered channel or program or for failure to comply
with the directions under section 5 or 6 of the Act.
Provided that
the authorized officer shall not retain such equipment for
a period exceeding 30 days from the date of its seizure
without the approval of the District Judge, within the
local limits of whose jurisdiction such seizure has been
made.
(2) The
equipment so seized under sub-section (1) above shall be
liable to confiscation unless the person operating such
service or channel complies with the provisions of the Act
within a period of sixty days from the date of such
seizure.
(3) The
District Judge shall not pass any order adjudicating
confiscation unless the person operating such service or
channel has been given a reasonable opportunity in writing
to make his representation against the proposed
confiscation.
27.
Finance, Accounts and Audit: (1) The proceeds of
the license / registration / permission fees in respect of
broadcasting services shall be credited to the
Consolidated Fund of India.
(2) The Central Government may for enabling the Authority
to discharge its functions efficiently, after due
appropriation made by Parliament by law in this behalf,
pay to the Authority in each financial year such sums of
money as the Government considers necessary by way of
grants-in-aid.
(3) The
Authority shall have its own fund and all the receipts of
the Authority shall be credited to the fund and all
payments by the Authority shall be made there from. All
money belonging to the fund shall be deposited in one or
more Scheduled Banks in such manner as the Authority may
decide and Authority may spend such sums as it thinks fit
for performing its function under this Act.
(4) The
Authority shall prepare, in such form and at such time
each year as may be prescribed, a budget in respect of the
financial year next ensuing showing-
(a)
The
expenditure which is proposed to be met from the internal
resource of the Authority; and
(b)
The
sums required from the Central Government to meet other
expenses,
And copies
thereof shall be forwarded to the Central Government.
(5) The
Authority shall maintain proper accounts and other
relevant records and prepare an annual statement of
accounts in such form and in such manner as may be
prescribed.
(6) The
accounts of the Authority shall be audited by the
Comptroller and Auditor General of India at such intervals
as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the
Authority to the Comptroller and Auditor General.
Provided the
matters relating to the adjudication by the Authority,
manner and number of issue of licenses and quantum of
license fee, levied by the Authority or the nature and
quantum of penalties imposed by the Authority on any
service provider, shall lie outside the purview of such
Audit.
(7) The
Comptroller and Auditor General of India and any person
appointed by him in connection with the audit of the
accounts of the Authority shall have the same rights and
privileges and authority in connection with such audit as
the Comptroller and Auditor General has in connection with
the audit of Government accounts and, in particular, shall
have the right to demand the production of books,
accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Authority.
(8) The
accounts of the Authority as certified by the Comptroller
and Auditor General of India or any other person appointed
by him in this behalf together with the audit report
thereon shall be forwarded annually to the Central
Government and that Government shall cause the same to be
laid before each House of Parliament.
(9) The
Authority shall, after the end of each financial year,
shall submit to the Central Government a report on their
activities during the preceding financial year and
containing such information relating to the proceedings
and policy of the Authority, as the Government may
prescribe from time to time.
(10) The
Central Government shall cause such report to be laid
before each House of Parliament.
28.
Furnishing of returns, etc. to the Central Government:
(1) The Authority shall furnish to the Central Government
at such time and in such form and manner as may be
prescribed or as the Central Government may direct, such
returns and statements and such particulars in regard to
any proposed or existing program for the promotion and
development of the broadcasting services, as the Central
Government may, from time to time, require.
(2) The Authority shall prepare once every year in such
form and at such time as may be prescribed, an annual
summary of its activities during the previous year and
copies of the report shall be forwarded to the Central
Government.
(3) A copy of the report received under sub-section (2)
shall be laid, as soon as may be after it is received,
before each House of Parliament.
29. Power
of the Authority to make regulations: (1)
The Authority may, by notification, make regulations not
inconsistent with this Act and the rules made thereunder,
for enabling it to perform its functions under this Act.
(2) Without
prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following
matters, namely: -
(a)
The
manner of appointment of officers and other employees of
the Authority under sub-section (4) of section 22;
(b)
The
salary and allowances payable to and other conditions of
service of the officers and other employees of the
Authority under sub-section (5) of section 22;
(c)
The
terms and conditions, fees and procedure to be followed
for granting licenses /registration under clause (a) of
sub-section (1) of section 23;
(d)
The
times and places at which meetings of the Authority and
its committees may be held and, the procedure to be
followed in regard to the transaction of the business at
such meetings under sub-section (l) and sub-section (2) of
section 19;
(e)
The
technical and other quality standards and the reasonable
quality of reception under clause (d) of sub-section (1)
of section 23;
(f)
The
places and types and quantity of equipment to be provided,
free of cost, by the licensee service provider for
monitoring of content and the quality of technical
standards of service, and the manner in which such
monitoring may be carried out by the licensing authorities
or authorised officers under clause (e) of sub-section (1)
of section 23.
(g)
The
delegation of powers and functions to the Chairman,
members and other officers of the Authority under
sub-section (3) of section 23;
(h)
The
documentary record and transmission schedule to be
maintained by the licensees under sub-section (1) of
section 51;
(i)
The
manner in which broadcasters shall establish and operate
the system of self-certification of broadcasting content
under sub-section (vii) of section 10;
(j)
Any
other matter in respect of which provision is, in the
opinion of the Authority, necessary for the performance of
its functions under this Act.
Provided that
the regulations under clauses (a), (b) and (c) shall be
made with the prior approval of the Central Government.
30.
Establishment of Public Service Broadcasting Council, term
of office of members thereof.—(1) There shall be
established, by notification a Council, to be known as the
Public Service Broadcasting Council
(2) The Broadcasting Council shall consist of —
(i)
a President and five other members to be appointed by the
Central Government from amongst persons of eminence in
public life, media and civil society organisations; and
one representative of Prasar Bharati
(ii) at least two persons in the Council should be
women
(3) The President of the Broadcasting Council shall be a
whole-time member and every other member shall be a
part-time member and the President or the part-time member
shall hold office as such for a term of three years from
the date on which he enters upon his office.
(4) The President of the Broadcasting Council shall be
entitled to such salary and allowances and shall be
subject to such conditions of service in respect of leave,
pension (if any), provident fund and other matters as may
be prescribed:
Provided that the salary and allowances and the conditions
of service shall not be varied to the disadvantage of the
President of the Broadcasting Council after his
appointment.
(5) The other members of the Broadcasting shall be
entitled to such allowances as may be prescribed.
31. Powers and functions of
the Public Service Broadcasting Council.— (1)
The Public Service Broadcasting Council shall exercise the
following powers and functions:
(ii) Ensure effective
compliance of public service broadcasting obligations cast
upon broadcasting service providers as per the provisions
of this Act, and in the event of failure of a licensed
service provider to meet such obligations, suggest to the
Authority the amount of penalty to be levied and collected
as per guidelines laid down by Central Government;
(iii) make recommendations to
the Central Government on whether a broadcasting channel
deserves to be categorized as a public service
broadcasting channel
(iv) institute national
awards for public service broadcasting
(v) define from time to time
as to what will constitute public service /socially
relevant programming or messaging
(vi) produce or organize the
production of benchmark quality content, public service
messages and programmes that private television can use to
fulfill its public service broadcasting regulations
(vii) create and administer
mechanisms to provide free airtime for public service
content created or funded by civil society groups and NGOs
etc, which may also include starting a public service
broadcasting channel
(viii) support formal
training courses, workshops, seminars, discussions,
research in Public Service Broadcasting for content
producers, media watchers, critics and those working in
the social sector
32. Powers
of the President: The President shall have powers of
general superintendence and direction in the conduct of
the affairs of the Council and he shall, in addition to
presiding over the meetings of the Council, exercise such
powers of the Council, and shall discharge such functions
of the Council, as may be prescribed.
33.
Removal or resignation of President and members: (1)
The Central Government may remove from office the
President or any member of the Council who:
(a)
Ceases
to be a citizen of India; or
(b)
Is
adjudged an insolvent; or
(c)
Is
convicted or any offence involving moral turpitude; or
(d)
Is, in
the opinion of the Central Government, unfit to continue
in office by reason of infirmity or body or mind; or
(e)
Acquires such financial or other interest as is likely to
affect prejudicially his functions as a Chairperson or
member;
(f)
Abuses
his position so as to render his continuance in office
prejudicial to public interest.
(2) The
President or any other member may resign his office by
giving notice thereof in writing to the Central Government
and on such resignation being accepted, the President or
the member shall be deemed to have vacated his office.
34.
Meetings of the Council or its committees: (1)
The Council may constitute committees of the Council for
specific purposes, and make regulations for the
transaction of business at the meetings of the Council as
well as its committees
(2) The
Council or its committee shall meet at such time and place
and shall observe such procedure in regard to the
transaction of business at its meetings as may be provided
by regulations.
(3) The
President shall preside at the meetings of the Council or
its committee, and if for any reason he is unable to
attend any meeting, any other member elected by the
members present at such meeting, shall preside at the
meetings.
(4) A member
shall be deemed to have vacated his office if he absents
himself for three consecutive meetings of the Council
without the leave of the President.
(5) All
questions which come up before any meeting of the Council
shall be decided by a majority of the votes of the members
present and voting and, in the event of an equality of
votes, the President, or in his absence, the person
presiding, shall have and exercise a second or casting
vote.
35.
Vacancies not to invalidate proceedings: No
act or proceedings of the Council shall be invalid merely
by reason of-
(a)
Any
vacancy in, or any defect in the constitution of, the
Council; or
(b)
Any
defect in the appointment of a person acting as a member;
or
(c)
Any
irregularity in the procedure of the Council not affecting
the merits of the case.
36.
Secretary and other officers and employees of the Council:
(1) Secretary of the Council shall be the Chief Executive
Officer of the Council. Subject to the provisions of
section 32 of the Act, the Secretary shall exercise such
powers and discharge such functions of the Council as may
be delegated to him by the Council.
(2) The
Central Government shall make available to the Council, a
panel of not less than three officers of the rank of the
Joint Secretary to the Government of India, and the
Council may select one of them and recommend his
appointment as Secretary of the Council to the Government.
(4) The
Council may appoint such officers and other employees, as
it considers necessary for the efficient discharge of its
functions under this Act in the manner as provided by the
regulations.
(5) The salary
and allowances payable to and other conditions of service
of the officers and other employees of the Council shall
be such as may be determined by regulations.
37.
Finance, Accounts and Audit: (1) The
Central Government may for enabling the Council to
discharge its functions efficiently, after due
appropriation made by Parliament by law in this behalf,
pay to the Council in each financial year such sums of
money as the Government considers necessary by way of
grants-in-aid.
(2) The
Council shall have its own fund and all the receipts of
the Council shall be credited to the fund. All money
belonging to the fund shall be deposited in one or more
Scheduled Banks in such manner as the Council may decide
and Council may spend such sums as it thinks fit for
performing its function under this Act.
(3) The
Council shall be able to collect any amount or donation or
grant from any government or non government body as a
contribution towards public service broadcasting
obligation fund.
(4) The
Council shall prepare, in such form and at such time each
year as may be prescribed, a budget in respect of the
financial year next ensuing showing-
(a)The
expenditure which is proposed to be met from the internal
resource of the Council; and
(b) The
expenditure which is proposed to be met from public
service broadcasting obligation fund
(c)The sums
required from the Central Government to meet other
expenses,
and copies
thereof shall be forwarded to the Central Government.
(5) The
Council shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in
such form and in such manner as may be prescribed.
(6) The
accounts of the Council shall be audited by the
Comptroller and Auditor General of India at such intervals
as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Council
to the Comptroller and Auditor General.
(7) The
Comptroller and Auditor General of India and any person
appointed by him in connection with the audit of the
accounts of the Council shall have the same rights and
privileges and authority in connection with such audit as
the Comptroller and Auditor General has in connection with
the audit of Government accounts and, in particular, shall
have the right to demand the production of books,
accounts, connected vouchers and other documents and
papers and to inspect the offices of the Council.
(8) The
accounts of the Council as certified by the Comptroller
and Auditor General of India or any other person appointed
by him in this behalf together with the audit report
thereon shall be forwarded annually to the Central
Government and that Government shall cause the same to be
laid before each House of Parliament.
(9) The
Council shall, after the end of each financial year,
submit to the Central Government a report on its
activities during the preceding financial year and
containing such information relating to the proceedings
and policy of the Council, as the Government may prescribe
from time to time.
(10) The
Central Government shall cause such report to be laid
before each House of Parliament.
38.
Furnishing of returns, etc. to the Central Government:
(1) The Council shall furnish to the Central Government at
such time and in such form and manner as may be prescribed
or as the Central Government may direct, such returns and
statements and such particulars in regard to any proposed
or existing program for the promotion and development of
the public service broadcasting, as the Central Government
may, from time to time, require.
(2) The Council shall prepare once every year in such form
and at such time as may be prescribed, an annual summary
of its activities during the previous year and copies of
the report shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section (2)
shall be laid, as soon as may be after it is received,
before each House of Parliament.
39. Power
of the Council to make regulations: (1) The Council
may, by notification, make regulations not inconsistent
with this Act and the rules or guidelines issued
thereunder, for enabling it to perform its functions under
this Act.
(2) Without
prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following
matters, namely: -
(a)
The
manner of appointment of officers and other employees of
the Council ;
(b)
The
salary and allowances payable to and other conditions of
service of the officers and other employees of the Council
(c)
The
times and places at which meetings of the Council may be
held and, the procedure to be followed in regard to the
transaction of the business at such meetings
(d)
The
delegation of powers and functions to the President,
members and other officers of the Council
(e)
The
documentary record to be maintained by the licensees
(f)
The
manner in which broadcasters shall establish and operate
the system of self-certification of public service/
socially relevant programming or messaging
(g)
Constitution of public serice/socially relevant
programming or messaging and calculation of its share
(h)
Any
other matter in respect of which provision is, in the
opinion of the Council, necessary for the performance of
its functions under this Act.
Provided that
the regulations under clauses (a)&(b) above shall be made
with the prior approval of the Central Government
CHAPTER 5
OFFENCES,
PENALTIES AND APPEALS
40.
Punishment for offences under this Act: (1) A person
who in contravention of the provisions of this Act,
provides, distributes or receives any broadcasting service
which is not licensed under sub-section (1) of section 3
or broadcasts a channel which is not registered under
sub-section (1) of section 4, or abets or assists
transmission or distribution of such service or content,
as the case may be, in any manner shall be guilty of
committing an offence of illegal broadcasting, and on
conviction, shall be punishable with imprisonment which
may extend up to three years, or with fine which may
extend up to rupees twenty five Lakhs or both, and for
subsequent offence and conviction such imprisonment may
extend to five years or fine up to rupees fifty Lakhs, or
with both.
Provided that
unauthorized decoding or receiving of a program that is
not permitted or of a channel that is not registered or
dealing in or distribution of equipment for the purpose
shall also constitute an offence of illegal broadcasting
and shall be dealt with accordingly.
(2) Whoever
contravenes the provisions of sections 5 of this Act shall
be punishable:
(a) For the
first offence, with imprisonment for a term which may
extend upto three years or with fine which may extend to
rupees twenty five lakhs or with both,
(b) For every
subsequent offence, with imprisonment for a term which may
extend to five years and with fine which may extend to
rupees fifty lakhs or with both.
(3) Whoever
contravenes the provisions of sections 6 of
this Act shall be punishable:
(a) For the
first offence, with imprisonment for a term which may
extend to two years or with fine which may extend to
rupees ten lakhs or with both,
(b) For every
subsequent offence, with imprisonment for a term which may
extend to five years and with fine which may extend to
rupees twenty-five lakhs
41.
Offences by companies: (1) Where an offence under
this Act has been committed by a company, every person
who, at the time the offence was committed, was in charge
of, and was responsible to, the company for the conduct of
the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly;
Provided that nothing contained in this sub-section shall
render any such person liable for such punishment, if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1),
where an offence under this Act has been committed by a
company and it is proved that it has been committed with
the consent or connivance of, or is attributable to the
negligence on the part of, ay director, manager, secretary
or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation: For the purpose of this section,
(a)
“Company” means any body corporate and includes a firm or
other association of individuals; and
(b)
“Director” in relation to a firm, means a partner in the
firm.
42. Cognizance of offences:
(1) No court shall take cognizance of any offence
punishable under this Act except upon a complaint made in
writing by any authorized officer.
(2)
No Court inferior to that of a Chief Metropolitan
Magistrate or a Chief Judicial Magistrate of First Class
shall try any offence punishable under this Act.
43. The Authority to
prescribe penalties for violations of license conditions
etc.: Subject to the provisions of subsection (ii),the Authority may
prescribe the penalties to be imposed for violation of
various terms and conditions of the license / permission /
registration subject to the condition that such penalties
shall not exceed a fine of rupees fifty lakhs, besides
suspension or revocation of such license / permission /
registration, subject further to the condition that no
penalty shall be imposed unless and until a reasonable
opportunity has been given to the service provider to
explain its position.
(ii) . The Authority
may specify penalties to be imposed, including suspension
or revocation of licence , permission or registration, for
violation of various terms and conditions as may be
specified under section 7, subject to the condition that
amount of a pecuniary penalty shall not exceed one crore
rupees:
Provided that no
penalty shall be imposed without giving a reasonable
opportunity to the service provider:
Provided further that
no act or omission on the part of any person after the 11
th November, 2005 and before the date of promulgation of
the Sports Broadcasting Signals (Mandatory Sharing with
Prasar Bharati) Ordinance, 2007( Ord 4 of 2007), shall be
subjected to penalties.
44. The Licensing Authorities to impose penalties:
(1) Subject to the
provisions of section 31 of this Act, every licensing
authority shall have the power to impose any of the
following penalties, individually or in combination, in
respect of licences issued by it, in case of breach of any
terms and conditions of the license or permission or
registration, as the case may be, namely: -
(i)
Direct
the licensee to broadcast a correction or an apology or
not to repeat a programme; and/or
(ii)
Impose
a fine which may extend up to rupees five lakhs in case of
cable operators and to twenty five lakhs in case of others
(iii)
Suspend
the license for a specified period; or
(iv)
Curtail
the period of the license; or
(v)
Revoke
the license.
Provided that
no such penalty shall be imposed without giving a
reasonable opportunity to the concerned service provider
of being heard in person or through a legal
representative.
Provided that
the violations of the Content Code shall be punishable
only by the Authority, and the licensing authority shall
have the power to enforce compliance with such punishment
by the service provider.
(2) Pending
disposal of the case, the Licensing Authority may, if it
considers it expedient or desirable in public interest to
do so, direct the concerned service provider to stop the
repeat broadcast or broadcasts of a particular program or
portion thereof which is under investigation or enquiry,
and the service provider shall immediately comply with
such a direction
Provided that
no such interim direction shall be issued without giving a
reasonable opportunity, as far as practical, to the
concerned service provider of being heard in person or
through a legal representative.
45. Appeals
against the orders of the Licensing Authorities: An
aggrieved person may prefer an appeal against an order or
direction of any of the Licensing Authorities to the
Authority within a period of thirty days of such an order
or direction.
Provided that
the Authority may entertain the appeal after expiry of the
said period of 30 days if it is satisfied that the
appellant was prevented by sufficient cause from
preferring the appeal in time.
46. Appeals
against the orders of the Authority: An aggrieved
person may prefer an appeal against the order or direction
of the Authority before the Film Certification Appellate
Tribunal (FCAT) in respect of cases of violations of the
Content Code, and before the Telecom Disputes Settlement
and Appellate Tribunal (TDSAT) in respect of cases of all
other violations of the terms and conditions of license
within a period of 30 days of such an order or direction.
Provided that
the Tribunal may entertain the appeal after expiry of the
said period of 30 days if it is satisfied that the
appellant was prevented by sufficient cause from
preferring the appeal in time.
47. Appeals
before the Supreme Court: (1) Notwithstanding anything
contained in the Code of Civil Procedure or in any other
law, an appeal by either party to the dispute shall lie
against any order, not being an interlocutory order, of
the TDSAT or FCAT, as the case may be, to the Supreme
Court on one or more of the grounds specified in Section
100 of that Code.
(2) No appeal
shall lie against any decision or order made by the TDSAT
or FCAT, as the case may be, with the consent of the
parties.
(3) Every
appeal under this section shall be preferred within a
period of 90 days from the date of the decision or order
appealed against,
Provided that
the Supreme Court may entertain the appeal after expiry of
the said period of 90 days if it is satisfied that the
appellant was prevented by sufficient cause from
preferring the appeal in time.
48.
Transfer of pending cases to the Authority: (1) On the
date to be notified by the Central Government, after the
establishment of the Authority, all proceedings pending
before the Telecom Regulatory Authority of India (TRAI)
shall be deemed to be pending before the Authority and
shall be disposed off in accordance with the provisions of
this Act.
(2) On the
date to be notified by the Central Government, after the
establishment of the Authority, all proceedings pending
before the Ministry of Information and Broadcasting,
Government of India shall be deemed to be pending before
the Authority and shall be disposed of in accordance with
the provisions of this Act.
49. Civil
Court not to have jurisdiction: No Civil Court shall
have jurisdiction to entertain any suit or proceedings in
respect of any matter which the Authority or the Licensing
Authority, as the case may be, is empowered by or under
this Act to determine and no injunction shall be granted
by any civil court or other authority in respect of any
action taken or to be taken in pursuance of any power
conferred by and under this Act.
CHAPTER 6
MISCELLANEOUS
50. Power
of the Central Government to issue directions: (1) The
Central Government may, from time to time, issue to the
Authority such directions as it may deem necessary in the
interest of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign
countries, public order.
(2) Without prejudice to the foregoing provisions, the
Authority shall, in exercise of its powers or the
performance of its functions, be bound by such directions
on questions of policy as the Central Government may give
in writing to it from time to time
Provided that the Authority shall, as far as practicable,
be given an opportunity to express its views before any
such direction is given under this sub-section.
(3) The decision of the Central Government whether a
question is one of policy or not shall be final.
51. The
Authority to follow principles of natural justice: (1)
The Authority shall not be bound by the procedure laid
down by the Code of Civil Procedure, 1908, but shall be
guided by the principles of natural justice and, subject
to the other provisions of this Act and of any rules, the
Authority shall have powers to regulate its own procedure
including the fixing of places and times of its enquiry.
(2) The
Authority shall have, for the purposes of discharging its
functions under this Act, the same powers as are vested in
a civil court under the Code of Civil Procedure, 1908,
while trying a suit, in respect of the following matters,
namely: -
(a)
Summoning and enforcing the attendance of any person and
examining him on oath;
(b)
Requiring the discovery and production of documents;
(c)
Receiving evidence on affidavits;
(d)
Issuing
commissions for the examination of witnesses or documents;
(e)
Requisitioning any public record or document or a copy of
such record or document, from any office;
(f)
Reviewing its decisions;
(g)
Dismissing an application for default or deciding it,
ex-party;
(h)
Setting
aside any order of dismissal of any application for
default or any other passed by it, ex-party;
(i)
Any
other matter, which may be prescribed.
52.
Service providers to maintain records: (1) Every
service provider shall maintain such documentary records
and transmission schedules as may be specified in the
policy guidelines, notified under this Act and allow
inspections of the facilities and such documentary records
and transmission schedules by any person authorized by the
Authority.
(2) The
Authority may call for any information from the service
provider, which is necessary for transparency and
ascertaining the true ownership of the service provider.
(3) The
Authority or any officer authorized by the Authority shall
have power to inspect and obtain information wherever
necessary, from programme producers, distributors and
advertising agents.
(4) For
effective enforcement of restrictions on holding of
licenses, as provided under section 10, the Authority or
any officer authorized by the Authority for that purpose,
shall have all the powers of an inspecting officer as
provided under Section 209-A of the Companies Act, 1956.
(5) It shall
be the duty of every service provider to carry out the
directions of the Authority given under this section.
(6) If default
is made by a service provider in complying with the
provisions of sub-section (5), the Authority may take such
action as provided under section 32 (1) after providing
him an opportunity of being heard.
53. Members
and employees of the Authority to be public servants:
The Chairman, every member, every officer or other
employee of the Authority, shall be deemed to be a public
servant within the meaning of section 21 of the Indian
Penal Code.
54.
Protection of action taken in good faith: No suit or
other legal proceeding shall lie against the Government,
Authority, or any Member or Officer or other employee
thereof for anything which is in, good faith done or
intended to be done in pursuance of this Act or of any
rules or regulations made there under.
55.
Exemption from tax on wealth and income:
Notwithstanding anything contained in the Wealth Tax Act,
1957, the Income Tax Act, 1961, or any other enactment for
the time being in force relating to wealth, income, profit
or gains, the Authority shall not be liable to pay wealth
tax, income tax, or any other tax in respect of their
wealth, income, profit or gains derived.
56. This
Act to have over-riding effect: (1) This Act shall
have overriding effect over provisions of any other law
for the time being in force and shall be given effect to,
notwithstanding anything contained in any other law for
the time being in force and notwithstanding any rights
claimed under contract or created under any other law for
the time being in force.
(2) Notwithstanding anything contained in section 31 or
section 37 of the Indian Copyright Act, 1957, where one or
more persons have made complaints in respect of a work
which has been published or performed in public or which
has already been broadcast or whose licensed reproductions
have already been made available in public, licenses shall
be granted to all such complainants under sub-section (1)
of section 31 of the Indian Copyright Act 1957.
57. Power
of the Central Government to make rules: (1) The
Central Government may, by notification, makes rules for
carrying out provisions of this Act.
(2) In
particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of
the following matters, namely: -
(a)
To
determine other circumstances for communication under
sub-clause (c) of clause (ii) of section 2;
(b)
To
notify the sporting events and to lay down the procedure
to be followed for enabling their being shared with Prasar
Bharti under section 6;
(c)
The
policy guidelines, designate licensing authorities,
specify terms and conditions, and procedures for grant of
the licenses/ permissions/ registration to the service
provider under clauses (i) to (iv) of section 9;
(d)
To lay
down a time frame for change over to digital addressable
networks for broadcasting content, and commercial and
technical arrangements during the transition phase under
clause (v) of section 9;
(e)
The lay
down the Content Code and procedures to be followed for
content certification by the service providers,
adjudication of complaints against content certification
and appeals against imposition of penalties, under clauses
(vi) to (viii) of section 9;
(f)
The
norms of public service broadcasting obligations, rates
and procedures for levying and collection of fees, and
setting up institutional arrangement and norms for
managing and operating the public service broadcasting
obligation fund under clauses (x) and (xi) of section 9;
(g)
The
eligibility conditions and restrictions to prevent
accumulation of interest in licensed services and
restrictions on controlling interest in print media and
electronic media as well as within different segments of
the electronic media under section 10;
(h)
The
salaries and allowances payable and other conditions of
service of the Chairperson and whole-time members under
sub-section (5) of section 14;
(i)
The
places where the Regional Offices may be set up and the
functions to be performed by such offices under section
19;
(j)
The
form in which and the time at which in each year the
Authority shall prepare a budget under sub-section (4) of
section 25;
(k)
The
form and the manner in which the annual statement of
accounts shall be prepared under sub-section (5) of
section 25;
(l)
The
information relating to the proceedings and policy of the
Authority to be contained in a report to be submitted by
the Authority under sub-section (9) of section 25;
(m)
Any
other matter which is required to be or may be prescribed.
58. Rules
and regulations to be laid before Parliament:
Every rule and every regulation made under this Act shall
be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session for a total
period of thirty days which may be comprised in one
session or in two or more successive sessions, and if,
before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses
agree in making any modification in, the rule or
regulation, or both Houses agree that the rule or
regulation should not be made, the rule or regulation
shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice
to the validity of anything previously done under that
rule or regulation.
59.
Application of certain laws: the provisions of this
Act shall be in addition to the provisions of the Indian
Telegraph Act, 1885 and Indian Wireless Telegraphy Act,
1933 and, in particular, nothing in this Act shall affect
any jurisdiction, powers and functions required to be
exercised or performed by the Telegraph Authority in
relation to any area falling within the jurisdiction of
such Authority.
60. Power
to remove difficulties: (1) If any difficulty
arises in giving effect to the provisions of this Act, the
Central Government may, by other published in the Official
Gazette, make such provisions, not inconsistent with the
provisions of this Act, as it may deem necessary, for the
removal of the difficulty.
Provided that
no such order shall be made after the expiry of a period
of three years from the commencement of this Act.
(2) Every
order made under this section shall be laid, as soon as
may be after it is made before each House of Parliament.
61.
Repeal and saving: (1)(i) The Cable Television
Networks (Regulation) Act 1995 is hereby repealed.
(ii)
Notwithstanding such repeal any cable operator registered
under that Act as on the date of repeal, may continue to
provide his services, provided he makes an application to
the Authority for the grant of a license for any of the
broadcasting network services within six months from the
date of the commencement of this Act or where he has made
such an application, till the disposal of such
application, whichever is later.
(iii) The
Authority may on receipt of an application under
sub-section (2) grant a license for any of the
broadcasting network services subject to fulfillment of
such eligibility and other terms and conditions as may be
prescribed.
(iv) The cable
operators operating under sub-section (2) above shall
continue to be regulated as if the Cable Television
Networks (Regulation) Act, 1995 has not been repealed
during the interregnum i.e. the period from the
commencement of this Act and disposal of his application
for the license or a period of six months, whichever is
later.
(v)
Notwithstanding such repeal, all cable operators
registered under that Act as on the date of repeal, shall
continue to comply with the provisions of the Program Code
under Rule 6 and the Advertising Code under Rule 7 of the
Cable Television Networks Rules, 1994 prescribed under
that Act, till the said Codes are replaced by the new
guidelines and norms (the Content Code) provided for under
sub-section (vi) of section 9 of this Act.
(2) The Sports
Broadcasting Signals (Mandatory Sharing with Prasar
Bharati) Act, 2007
Is hereby
repealed. Notwithstanding the repeal of the Sports
Broadcasting Signals (Mandatory Sharing with Prasar
Bharati) Act,2007, anything done or any action takenunder
the said Act shall be deemed to have been done or taken
under the corresponding provisions of this Act.
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