I&B ministry notifies changes in Cable Television Networks Rules

This step, according to the ministry, will “boost stakeholders’ confidence and promote ease of doing business”

The ministry of Information and Broadcasting notified on Thursday amendments to the Cable Television Networks Rules, 1994, to provide the operational mechanism for the decriminalised provisions of the Cable Television Networks (Regulation) Act, 1995.

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For a local cable operator and the multi-system operator, the district magistrate will act as the designated officer. In all other cases, an officer not below the rank of a deputy secretary in the government of India will act as the designated officer.

This step, according to the ministry, will “boost stakeholders’ confidence and promote ease of doing business”.

It also defined “platform services” as programmes transmitted by a multi-system operator exclusively to their own subscribers and does not include Doordarshan channels, registered television channels and foreign television channels that are not registered in India.

In August, the notification of the Jan Vishwas (Amendment of Provisions) Act, 2023 decriminalised offences under the CTN Act. It instead empowered the designated officer to censure or issue advisories or warnings, or to impose a monetary penalty of up to ₹20,000 for first violation.

Earlier, this attracted a jail term of up to two years or a fine of up to ₹1,000 or both.

For every subsequent violation within a period of three years, the designated officer was also empowered to impose a penalty of up to ₹1 lakh. Earlier, this attracted a jail term of up to five years and a fine of up to ₹5,000.

The Jan Vishwas Act also allowed the designated officer to suspend or revoke the registration of an errant entity if it had more than three violations within three years. However, such an order must have its reasons recorded in writing and must be issued only after giving the entity a chance to be heard. Within thirty days of an order from the designated officer, the entity can appeal it before the secretary of the government of India or any other officer authorised by him/her.

Experts said that due to these amendments, the executive is now in charge of granting registrations to operators, of revoking them, and of adjudicating over any grievances. “The substitution of criminal penalties with financial sanction is a welcome move. However, the provision allowing an executive official via appointment of the ‘designated officer’, to adjudicate on whether or not there is a violation of the CTN Act, is not consistent with the principle of separation of powers,” Abhishek Malhotra, a media lawyer, told HT.

According to the ministry, more than 1,400 multi-system operators are registered with it.