Decriminalization of Cable Television Networks Act

October 6, 2023

In a move aimed at enhancing investor confidence, the Indian government has announced amendments to the Cable Television Networks Rules, which govern the implementation of the decriminalized provisions of the Cable Television Networks (Regulation) Act.

The Cable Television Networks (Regulation) Act, 1995, previously included imprisonment as a penalty for contraventions. These amendments replace imprisonment with monetary penalties and other non-monetary measures, such as advisory, warning, and censure.

Decriminalization of Section 16

Section 16 of the Cable Television Networks (Regulation) Act, 1995, previously prescribed imprisonment as punishment for violations, with terms ranging from up to two years for the first offense to five years for subsequent offenses.
The amended rules now replace imprisonment with monetary fines and other non-monetary actions.
These measures will be enforced by a “designated officer” as defined in the newly notified rules.
Section 16 now introduces an appeal mechanism against decisions made by the designated officer.
The decriminalization of Section 16 was achieved through the Jan Vishwas (Amendment of Provision) Act, 2023, according to the Ministry of Information and Broadcasting.

Encouraging Compliance and Sensitivity

The amendments are expected to foster compliance with the Act without the need for harsh punishments and show sensitivity to minor or unintentional contraventions.
The inclusion of advisory, censure, and warnings as penalties underscores an educational and compliance-oriented approach rather than a punitive one.

Flexible Penalties for Varied Contraventions

The amended provision allows for a range of penalties, offering flexibility in addressing different types of violations.
This approach ensures a proportional response based on the nature, specificity, and severity of the contravention.

Streamlined Enforcement Process

The rules now define a “designated officer” responsible for imposing penalties, simplifying and unburdening the criminal justice system.
The amendments address subsequent contraventions and provide for higher penalties, including suspension or cancellation of registration.
This promotes consistency and discourages habitual or repeated violations.

Inclusion of an Appeal Mechanism

The addition of an appeal mechanism allows individuals and entities to challenge penalties or decisions, ensuring a fair and transparent process and preventing potential misuse of authority.

Uniform Definitions for the Cable Industry

The amended rules introduce definitions for common industry terms like “platform services” and “local cable operator” for the first time to ensure consistency in their usage.

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