Lok Sabha Question No. 187 (STARRED), answered on 2017-03-15
Subject: Guidelines on Broadcasting of Programmes/Advertisements
Ministry: INFORMATION AND BROADCASTING
Asked by: CHANDRAKANT BHAURAO KHAIRE, RAYAPATI SAMBASIVA RAO

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA STARRED QUESTION NO. 187 TO BE ANSWERED ON 15/03/2017

## GUIDELINES ON BROADCASTING OF PROGRAMMES/ADVERTISEMENTS

## 187.   SHRI  CHANDRAKANT KHAIRE : SHRI  RAYAPATI SAMBASIVA RAO:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether the Government has prepared some guidelines regarding the broadcasting of programmes and advertisements on TV channels and if so, the details thereof;
- (b) The number of cases of violations of the said guidelines reported during the last two years along with the details of channels found to be violating these norms;
- (c) the action taken by the Government in this regard along with the outcome thereof; and
- (d) whether the Government has issued strict advisory to TV channels on contents and if so, the details thereof?

## ANSWER

## MINISTER OF INFORMATION & BROADCASTING (SHRI M. VENKAIAH NAIDU)

(a) to (d): A Statement is laid on the Table of the House.

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## STATEMENT  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (d)  OF  LOK  SABHA STARRED QUESTION NO. 187 FOR ANSWER ON 15.03.2017

(a) to (d): As per existing regulatory framework, private satellite TV channels are required to adhere to  the  Programme  and  Advertising  Codes  prescribed  under  the  Cable  Television Networks  (Regulation)  Act,  1995  and  Cable  Television  Network  Rules,  1994  framed thereunder which contain a gamut of criteria to be followed while carrying programmes and advertisement in such TV channels. The details of Programme and Advertising Codes are enclosed at Annexure-I.

The  details  of  violation  of  Progamme  and  Advertising  Codes  during  the  last  two years and action taken against such violations are enclosed at Annexure-II.

This  ministry  also  issues  advisories  to  TV  channels  from  time  to  time  on  specific aspects  such as coverage of incidents involving communal riots, anti-terrorist operations, victims of violence such as rape, misleading advertisements, superstitions, etc. Details of such advisories are enclosed at Annexure-III .

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## ANNEXURE    REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (d)  OF  LOK  SABHA STARRED QUESTION No. 187 FOR ANSWER ON 15.03.2017

## Programme and Advertising Codes prescribed under the Cable Television  Network Rules, 1994 (Rule 6 and Rule 7)

Rule- 6. Programme Code. (1) No programme should be carried in the cable service which:-

- (a) Offends against good taste or decency;
- (b) Contains criticism of friendly countries;
- (c) Contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes;
- (d) Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths;
- (e) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti-national attitudes;
- (f)  Contains anything amounting to contempt of court;
- (g) Contains aspersions against the integrity of the President and Judiciary;
- (h) Contains anything affecting the integrity of the Nation;
- (i)  Criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country;
- (j)  Encourages superstition or blind belief;
- (k) Denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals;
- (l)  Denigrates children;
- (m)  Contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups;
- (n)   Contravenes the provisions of the Cinematograph Act, 1952.

(o)   is not suitable for unrestricted public exhibition. 'Provided  that  no  film  or  film  song  or  film  promo  or  film  trailer  or  music  video  or  music albums  or  their  promos,  whether  produced  in  India  or  abroad,  shall  be  carried  through cable  service  unless  it  has  been  certified  by  the  Central  Board  of  Film  Certification (CBFC) as suitable for unrestricted public exhibition in India'. Explanation -For the purpose  of this clause, the expression  'unrestricted public exhibition' shall have the same meaning as assigned to it in the Cinematograph Act, 1952 (37 of 1952);

- (p)    contains  live  coverage  of  any  anti-terrorist  operation  by  security  forces,  wherein  media coverage shall be restricted to periodic briefing by an officer designated by the appropriate Government, till such operation concludes.

Explanation -  For  the  purposes  of  this  clause,  it  is  clarified  that  'anti-terrorist  operation' means  such  operation undertaken to bring terrorists to justice, which includes all engagements involving justifiable use of force between security forces and terrorists.

- (q)  depicts cruelty or violence towards animals in any form or promotes unscientific belief that causes harm to animals.
- (2) The cable operator should strive to carry programmes in his cable service which project women in a positive, leadership role of sobriety, moral and character building qualities.
- (3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the Copyright Act, 1957 (14 of 1957) unless he has been granted a licence by owners of copyright under the Act in respect of such programme.
- (4) Care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence.

(5) Programmes unsuitable for children must not be carried in the cable service at times when the largest numbers of children are viewing. (6) No cable operator shall carry or include in his cable service any television broadcast or channel, which has not been registered by the Central Government for being viewed within the territory of India'. 'Provided that a cable operator may continue to carry or include in his cable service any Television broadcast or channel, whose application for registration to the Central Government was made on or before 11 th May ,2006 and is under consideration, for a period of three months from the date of this notification, or till such registration has been granted or refused, whichever is earlier.' 'Provided  further  that  channels  uplinking  from  India,  in  accordance  with  permission  for  uplinking granted before 2 nd December, 2005, shall be treated as 'registered' television channels and can be carried or included in the cable service.'

- *********

Rule-7. Advertising Code. (1) Advertising carried in the cable service shall be so designed as to conform  to  the  laws  of  the  country  and  should  not  offend  morality,  decency  and  religious susceptibilities of the subscribers.

- (2) No advertisement shall be permitted which-
2. (i) derides any race, caste, colour, creed and nationality;
3. (ii) is against any provision of the Constitution of India.
4. (iii) tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way ;
5. (iv) presents criminality as desirable;
6. (v)  exploits  the  national  emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary;
7. (vi) in its depiction of women violates the constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a  subordinate,  secondary  role  in  the  family  and  society.  The  cable  operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service, is tasteful and aesthetic, and is within the well established norms of good taste and decency;
8. (vii) exploits social evils like dowry, child marriage.
9. (viii) promotes directly or indirectly production, sale or consumption of-
10. (A) cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants;

provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco  products,  wine,  alcohol,  liquor  or  other  intoxicants,  may  be  advertised  on  cable service subject to the following conditions that:-

- (i)  the  story  board  or  visual  of  the  advertisement  must  depict  only  the  product  being advertised and not the prohibited products in any form or manner;
- (ii)  the  advertisement  must  not  make  any  direct  or  indirect  reference  to  the  prohibited products;
- (iii)  the  advertisement  must  not  contain  any  nuances  or  phrases  promoting  prohibited products;
- (iv) the advertisement must not use particular colours and layout or presentations associated with prohibited products;
- (v)  the  advertisement  must  not  use  situations  typical  for  promotion  of  prohibited  products when advertising the other products;

Provided further that-

- (i) the advertiser shall submit an application with a copy of the proposed advertisement along  with  a  certificate  by  a  registered  Chartered  Accountant  that  the  product carrying  the  same  name  as  cigarettes,  tobacco  products,  wine,  alcohol,  liquor  or other intoxicants is distributed in reasonable quantity and is available in substantial number of outlets where other products of the same category are available and the proposed expenditure  on  such advertising  thereon  shall  not  be  disproportionate  to the actual sales turnover of the product.
- (ii) All  such  advertisements  found  to  be  genuine  brand  extensions  by  the  Ministry  of Information and Broadcasting shall be previewed and certified by the Central Board of Film Certification as  suitable for unrestricted public exhibition and  are in accordance with the provisions contained in sub-clause (i) to (v) of the first proviso, prior to their telecast or transmission or retransmission.
- (B) infant milk substitutes, feeding bottle or infant food.

(ix)  depicts  cruelty  or  violence  towards  animals  in  any  form  or  promotes  unscientific  belief  that causes harm to animal.

- (3) No advertisement shall be permitted, the objects whereof, are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end.
2. (3A) No advertisement shall contain references which hurt religious sentiments.
- (4) The goods or services advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act, 1986.

(5) No advertisement shall contain references which are likely to lead the public  to  infer  that the product  advertised  or  any  of  its  ingredients  has  some  special  or  miraculous  or  super-natural property or quality, which is difficult of being proved. (6) The picture and the audible matter of the advertisement shall not be excessively 'loud; (7) No  advertisement  which  endangers  the  safety  of  children  or  creates  in  them  any  interest  in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service. (8) Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements. (9) No advertisement which violates the Code for self-regulation in advertising, as adopted by the Advertising Standard Council of India (ASCI), Mumbai, for public exhibition  in  India,  from  time  to time, shall be carried in the cable service. (10) All advertisement should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz., use of lower part of screen to carry captions, static or moving alongside the programme. (11)  No  programme  shall  carry  advertisements  exceeding  twelve  minutes  per  hours,  which  may include up to ten minutes per hour of commercial advertisements, and up to two minutes per hour of

- the channel's self-promotional programmes.
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## ANNEXURE-II

## ANNEXURE    REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (d)  OF  LOK  SABHA STARRED QUESTION No. 187 FOR ANSWER ON 15.03.2017

Action Taken by Ministry of Information and Broadcasting on violation of Programme and Advertisement code by Private TV channels during the last two years.

Year - 2015

|   S.No. | Name of the Channel   | Reason for Show Cause Notice                                                                                                                          | Details of action taken                                                                                                               |
|---------|-----------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|
|       1 | Colors TV             | Telecast of programme namely " Fear Factor Khatron Ke Khiladi-Darr Ka Blockbuster".                                                                   | A order dated 08.01.2015 was issued to the channel thereby warning the channel and directing it to run an apology scroll for one day. |
|       2 | Lemon News            | Telecast of programme namely "Khauf Ke 10 Destination".                                                                                               | A warning dated 19.01.2015 was issued to the channel.                                                                                 |
|       3 | NTV                   | Telecast a song-based programme 'Cine Colors'.                                                                                                        | An order dated 19.01.2015 was issued to the channel for taking the channel off air for seven days.                                    |
|       4 | 24 Ghanta TV          | Telecast of news report showing death of a young man without morphing or blurring.                                                                    | A Warning dated 23.03.2015 was issued to channel .                                                                                    |
|       5 | NTV                   | Telecast of news report revealed the identity of sexual harassment minor boy.                                                                         | A Warning dated 23.03.2015 was issued to channel .                                                                                    |
|       6 | Satlon News           | Telecast of News report about a private corporate party organised in a five star hotel on the Pune-Mumbai highway.                                    | An order was issued on 27.03.2015 to the channel to prohibit the transmission or re-transmission of channel for 30 days.              |
|       7 | TV9                   | Telecast a 'Bullet News' political satire targeting Chief Minister of Telangana.                                                                      | An order was issued on 27.03.2015 to the channel for running apology scroll.                                                          |
|       8 | Jai Hind              | Telecast of 'A; certified film, titled 'Hai Harithe'.                                                                                                 | An order was issued on 07.04.2015 to the channel to prohibit the transmission or re-transmission of channel for one day.              |
|       9 | Aljazeera TV          | Telecast of News report carried wrong graphical map of India repeatedly.                                                                              | An order was issued on 10.04.2015 to the channel to prohibit the transmission or re-transmission of channel for 5 days.               |
|      10 | Sathiyam TV           | Telecast of objectionable programme 'Ungal Aseervatha Seram' and Paarthathum Padithathum by Sathiyam TV.                                              | A warning dated 12.05.2015 was issued to the channel.                                                                                 |
|      11 | Sudarshan News        | Telecast of a programme called BINDAAS BOL making allegation about non-salutation of National Flag on the Republic Day by the Hon'ble Vice President. | A warning dated 17.06.2015 was issued to the channel.                                                                                 |
|      12 | Raj News              | Telecast of disturbing visuals of dead bodies without blurring.                                                                                       | A warning dated 22.06.2015 was issued to the channel.                                                                                 |
|      13 | Raj News              | Telecast of disturbing visuals of a women body burning up into flames without blurring.                                                               | A warning dated 02.07.2015 was issued to the channel.                                                                                 |
|      14 | Russia Today TV       | Telecast of obscene programme 'Crazy Alert'.                                                                                                          | An Advisory dated 06.07.2015 was issued to the channel.                                                                               |

|   15. | Channel 2 News   | Telecast of disturbing visuals of a man dead body without blurring.                                          | A warning dated 22.07.2015 was issued to the channel.                                                                                  |
|-------|------------------|--------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------|
|    16 | A2Z News TV      | The Channel telecast news reports on various date and revealed the identity of Sexual assault minor victims. | A warning dated 07.08.2015 was issued to the channel.                                                                                  |
|    17 | DY 365           | Telecast of News story defame the image of MLA and denigrating women.                                        | An order dated 07.08.2015 was issued to the channel thereby warning the channel and directing it to run an apology scroll for one day. |

## YEAR- 2016

|   S.No. | Name of the Channel      | Reason for Show Cause Notice                                                                     | Details of action taken                                                                                                                                              | Details of action taken                                                                                                                                              |
|---------|--------------------------|--------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|      18 | Care World               | Telecast of a programme "Kya Karun Main AB?" on unnatural sex.                                   | A warning dated 24.05.2016 was issued to the channel.                                                                                                                | A warning dated 24.05.2016 was issued to the channel.                                                                                                                |
|      19 | F TV                     | Telecast of a programme namely fotos in alleged violation of the programme code.                 | An Advisory dated issued to the channel.                                                                                                                             | 25.05.2016                                                                                                                                                           |
|      20 | Raj News                 | Telecast of News bulletins in alleged violation of the Programme code.                           | An Advisory dated issued to the channel.                                                                                                                             | 25.05.2016                                                                                                                                                           |
|      21 | CVR English News Channel | Telecast of News bulletins showing disturbing visuals of dead bodies.                            | An Advisory dated issued to the channel.                                                                                                                             | 25.05.2016                                                                                                                                                           |
|      22 | Sathiyam TV              | Telecast of News bulletins in alleged violation of the Programme code.                           | An Advisory dated issued to the channel.                                                                                                                             | 31.05.2016                                                                                                                                                           |
|      23 | NDTV India TV            | Telecast of a prgramme based on hanging of a 1993 Mumbai serial blast-case convict Yakub Memon.  | An Advisory dated issued to the channel.                                                                                                                             | 01.06.2016                                                                                                                                                           |
|      24 | NDTV 24x7                | Telecast of a programme 'Truth vs Hype -the Riddle of Yakub Memon'.                              | An Advisory dated issued to the channel.                                                                                                                             | 01.06.2016                                                                                                                                                           |
|      25 | Oscar Movies             | Telecast of 'A' certified films on various dates.                                                | An Advisory dated issued to the channel.                                                                                                                             | 06.06.2016                                                                                                                                                           |
|      26 | Aaj Tak                  | Telecast of a programme based on hanging of a 1993 Mumbai serial blast-case convict Yakub Memon. | An Advisory dated issued to the channel.                                                                                                                             | 07.06.2016                                                                                                                                                           |
|      27 | ABP News                 | Telecast of a prgramme based on hanging of a 1993 Mumbai serial blast-case convict Yakub Memon.  | An Advisory dated issued to the channel.                                                                                                                             | 07.06.2016                                                                                                                                                           |
|      28 | NDTV INDIA               | Telecast of news report on Pathankot terrorist attack.                                           | An order was issued on 02.11.2016 to the channel to prohibit the transmission or re-transmission of channel for one day. The order is                                | An order was issued on 02.11.2016 to the channel to prohibit the transmission or re-transmission of channel for one day. The order is                                |
|      29 | Care World               | Telecast of obscene programme 'Kya Karu Mai Aab.                                                 | kept in abeyance. An order was issued on 02.11.2016 to the channel to prohibit the transmission or re-transmission of                                                | kept in abeyance. An order was issued on 02.11.2016 to the channel to prohibit the transmission or re-transmission of                                                |
|      30 | News Time Assam          | Telecast of news report revealing the identity of minor boy                                      | channel for seven days. An order dated 2.11.2016 was issued to the channel to prohibit the transmission or re-transmission of channel for one day ( to carry out the | channel for seven days. An order dated 2.11.2016 was issued to the channel to prohibit the transmission or re-transmission of channel for one day ( to carry out the |
|      30 | News Time Assam          | Telecast of News bulletins showing disturbing visuals of dead bodies.                            | three awards of one day off air                                                                                                                                      | three awards of one day off air                                                                                                                                      |
|      30 | News Time Assam          | Telecast of News story defaming the image of MLA and denigrating women.                          |                                                                                                                                                                      |                                                                                                                                                                      |

|   31. | People TV   | Telecast of News story showing disturbing visuals of dead bodies.             | A Warning dated 29.11.2016 issued to the channel.   |
|-------|-------------|-------------------------------------------------------------------------------|-----------------------------------------------------|
|    32 | MBC TV      | Telecast of news report revealing the identity of sexually assaulted victims. | A Warning dated 29.11.2016 issued to the channel.   |
|    33 | Reporter TV | Telecast of News story showing disturbing visuals of violence.                | A Warning dated 29.11.2016 issued to the channel.   |

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## ANNEXURE-III

## ANNEXURE    REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (d)  OF  LOK  SABHA STARRED QUESTION No. 187 FOR ANSWER ON 15.03.2017

## List of Advisories/Directives issued to T.V. Channels issued by the Ministry

|   Sl. No. | Categories of channels              | Brief Subject                                                                                                                                                                                      | Action Taken                                                                    |
|-----------|-------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------|
|         1 | All channels                        | News programmes on movement of troops.                                                                                                                                                             | An Advisory dated 11.04.2012 issued to all channels, NBA, IBF, NBSA & BCCC.     |
|         2 | All News & Current Affairs channels | Reference dated 13.07.12 from NCPCR for issue of directive w.r.t. protection of Identity of Children in need of care and Protection and Juveniles in conflict with law.                            | A Directive dated 08.08.2012 was issued to all News & Current Affairs channels. |
|         3 | All News & Current Affairs channels | Telecast of programmes as news items showing clippings from films not certified for unrestricted public exhibition.                                                                                | An Advisory dated 19.09.2012 was issued to the channels.                        |
|         4 | All News & Current Affairs channels | Direct Telecast of the events round the clock relating to public demonstration likely to encourage violence and against maintenance of law and order and likely to promote anti National attitude. | An Advisory dated 23.12.2012 was issued to the channels.                        |
|         5 | All News & Current Affairs channels | Direct Telecast of the events round the clock relating to public demonstration likely to encourage violence and against maintenance of law and order and likely to promote anti National attitude. | An Advisory dated 29.12.2012 was issued to the channels.                        |
|         6 | All channels                        | Telecast of a programme which showing superstition and blind belief.                                                                                                                               | An Advisory dated 07.06.2013 issued to all channels.                            |
|         7 | All News & Current Affairs channels | Telecast of inflammatory and provocative news/programmes in a sensational manner.                                                                                                                  | An Advisory dated 20.09.2013 was issued to the channels.                        |
|         8 | All channels                        | Guidelines for media reporting on children (NCPCR).                                                                                                                                                | An Advisory dated 17.10.2013 issued to all channels.                            |
|         9 | All TV Channel                      | Ministry of Road Transport & Highways has raised concerns on depiction of rash, negligent and dangerous driving in Various programmes, serials, news features, etc. on TV channels.                | An Advisory dated 23.06.2014 was issued to all TV Channels.                     |
|        10 | All TV Channel                      | Telecast of Advertisement on " Zaitoon Tara Edible Oil" The advertisement claims that edible oil prevents cancer.                                                                                  | An Advisory dated 26.06.2014 was issued to all TV Channels.                     |

|   11. | All channels      | TV Channels continue Telecast Films without displaying CBFC Certificates.                                                                                                                                                                                                                        | An Advisory dated 29.05.2014 was issued to all channels.      |
|-------|-------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------|
|    12 | All News channels | Channels advised not to telecast the documentary 'India's Daughter' or any excerpts therefrom.                                                                                                                                                                                                   | An Advisory dated 3.3.2015 was issued to all news channels.   |
|    13 | All TV channels   | Channels advised to ensure that no operations-linked information reaches the terrorists & their handlers in public interest & national security Channels advised to ensure that no operations-linked information reaches the terrorists & their handlers in public interest & national security. | An Advisory dated 20.3.2015 was issued to all TV channels.    |
|    14 | All News Channels | Telecast of live coverage of any anti-terrorist operation by security forces.                                                                                                                                                                                                                    | An advisory dated 27.07.2015 was issued to all news channels. |
|    15 | All TV Channels   | All channels advised to follow the provisions contained in Rule 7(10) of the Advertising Code scrupulously.                                                                                                                                                                                      | An advisory dated 10.03.2017 was issued to all channels.      |

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