Broadbandindia Magazine

The I&B Ministry is coming down heavily on broadcasters for content code violations. It has issued six warnings and advisories to various broadcasters for content code violations in last month alone, the highest in recent times.

The I&B Ministry had not sent such notices, warnings and advisories to the broadcasters since March 2 due to enforcement of the model code of conduct by the Election Commission of India. Most cases of content code violation are for shows or news items that have appeared on television in the past one year.

According to I&B officials, channels including India TV, Colors, Asianet, Indiavision and News24 have been sent warnings and advisories in June 2009 for alleged violation of programme code under the provisions of Section 20 of the Cable TV Networks (Regulation) Act, 1995.

India TV

India TV news channel has been issued a warning by the I&B Ministry for sensationalising a reportage in August last year relating to the death of two children at Sant Asaram Bapu’s ashram.The warning was issued after the Inter-Ministerial Committee constituted to look into such complaints previewed the reportage consequent to the show-cause notice issued by the Ministry on 28 November last year.The warning has been given under Section 20 of the Cable Television Networks (Regulation) Act 1995 and under provisions of the Uplinking Guidelines.

The channel has been asked to ensure strict compliance to the Programme and Advertising Codes and told that “any further violation may entail stringent action including prohibition of broadcast.”The Committee pointed out that the channel had violated Rule 6(1)(a) and 6(5) of the Programme Code which provides that no programme can be transmitted/re-transmitted on any Cable Service which offends good taste and decency; and programmes unsuitable for children must not be carried in the cable service at times when the largest number of children are viewing.The channel had telecast/re-telecast the reportage over one week from 1 August last under headlines like “Bapu ke Ashram mein kaise ghus aaya Dracula.”

Colors

The I&B Ministry had also issued advisories to entertainment channel Colors raising objections to the promos of a serial among others. The Ministry has advised the channel to ensure strict compliance with content code or face stringent action.

Channel [V]

In the case of Channel [V], notice has been issued on 8 October last year for telecast of Get Gorgeous 5 as a content “appeared to be offending good taste and decency, as foul and unparliamentary language and gestures were used in the show. The content of the show appeared obscene and suggestive and could malign public and moral life of society and was not suitable for unrestricted public exhibition.” Star India had replied on 21 November last taking the plea that freedom of speech and expression was one of the key fundamental rights granted by the Indian constitution.

Thereafter representatives of the channel were given personal hearing, and they submitted that the programme was a talent search that had been premiered in 2004. The Inter-Ministerial Committee, constituted to look into such complaints thereafter, previewed the recordings of the programme. The Competent Authority, after examining the report of the Committee and hearing the channel, felt the channel had violated Rule 6(1)(a) and 6(5) of the Programme Code. The channel was accordingly warned and told that any further violation may entail stringent action including prohibition of telecast. The channel has earlier run foul of the Ministry twice in October 2004 and July 2006 for telecasting certain songs. In the former case, the channel had been asked to run an apology scroll.

MTV

MTV attracted a warning from the Information and Broadcasting Ministry for violation of the Programme and Advertising Codes after it telecast the programme ‘MTV Roadies II’ on 31 March. The channel has been asked to carry the scroll: “Ministry of Information and Broadcasting warned MTV channel for telecast of the programme ‘MTV Roadies II’, containing abusive and vulgar words, phrases and gesticulations, which were found violative of Programme Code. MTV apologises for the said violation and assures strict compliance of Programme Code in future.”The scroll is to be carried in legible large font and at normal speed and without any interruption/mixing of any type of advertisement roundthe- clock for three days from noon 3 July to noon 6 July. A recording of the scroll has to be submitted to the Ministry in VCD format.

The channel has been asked not to telecast/re-telecast the programme, containing abusive and vulgar words, phrases and gesticulations.The channel has been asked to ensure strict compliance to the Programme Code and not to commit repeated violations of the Code. It should adhere to the strict compliance of the Code and has been told that “any further violation may entail stringent action including suspension or prohibition of broadcast.”The warning has been given under Section 20 of the Cable Television Networks (Regulation) Act 1995 and under provisions of the Uplinking Guidelines.Ministry sources told indiantelevision.com that the Committee said that the channel had ben issued a show- cause notice for violations under Rule 6(1)(a), (d), (i), and (o) and 6(5) of the Programme Code.

Thereafter, the Inter-Ministerial Committee, constituted to look into complaints of violations of the Codes, previewed the programme and found that it contained a number of abusive and objectionable words/phrases. The channel was, thus, accused of having violated Rule 6 (1) (a) of the Code.This is the third time in recent years that the channel has been issued warnings. In February 2005, MTV had been warned for telecasting songs with vulgar dances while in February 2008 it was warned for carrying an objectionable advertisement of the deodorant Axe and also asked to run an apology scroll.

274 notices in last five years.

According to the Ministry records for the last five years, around 274 notices and advisories have been issued to various broadcasters, while there have been around 115 warnings to television channels.

Most of the cases have been closed after the broadcaster accepted the responsibility and took appropriate actions according to the rules. Two years back, the I&B Ministry had blocked the downlinking of English channels AXN and Fashion TV briefly for content code violations, while it has also cancelled the downlinking licence of several foreign channels for gross violations.