Lok Sabha Question No. 385 (STARRED), answered on 2016-12-14
Subject: Restructuring IMC
Ministry: INFORMATION AND BROADCASTING
Asked by: PREM SINGH CHANDUMAJRA

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA STARRED QUESTION NO. *385 TO BE ANSWERED ON 14/12/2016

## RESTRUCTURING IMC

*385.   PROF.  PREM SINGH CHANDUMAJRA:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether the Government has decided to restructure the Inter-Ministerial Committee (IMC) which reviews cases of violations in the broadcast media;
- (b) if so, the details in this regard;
- (c) whether suggestions/opinions have been sought from the citizens by the Government;
- (d) if so, the modus operandi worked out in this regard; and
- (e) the drawbacks noticed in the current functioning of IMC and the steps proposed for rectifying the flaws?

## ANSWER

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

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

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## STATEMENT AS REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED QUESTION NO. *385 FOR ANSWER ON 14.12.2016

(a) & (b): Content telecast on private satellite TV channels is regulated in terms of Cable Television Networks (Regulation) Act, 1995 and the Rules framed thereunder.  There is no provision of pre-censorship of the content telecast on such TV channels. However, all programmes and advertisements telecast on such TV channels are required to adhere to the  Programme  and  Advertising  Codes  prescribed  under  the  said  Act  and  the  rules framed thereunder.

In  terms  of  Section  20  of  Cable  Television  Networks  (Regulation)  Act,  1995 (1)  where  the  Central  Government  thinks  it  necessary  or  expedient  so  to  do  in  public interest, it may prohibit the operation of  any cable television network in such areas as it may, by notification in the Official Gazette, specify in this behalf.

(2) Where the Central Government thinks it necessary or expedient so to do in the interest of the-

- (i) Sovereignty or integrity of India; or
- (ii) Security of India; or
- (iii) Friendly relations of India with any foreign State; or
- (iv) Public order, decency or morality,

It may, by order, regulate or prohibit the transmission or re-transmission of any channel or programme.

(3) Where the Central Government considers that any programme of any channel is not  in  conformity  with  the  prescribed  programme  code  referred  to  in  section  5  or  the prescribed  advertisement  code  referred  to  in  section  6,  it  may  by  order,  regulate  or prohibit the transmission or re-transmission of such programme.

In  terms  of  power  drawn  from  the  above  said  provision  and  in  order  to  have  a considered  view  from  different  quarters,  the  Ministry  of  Information  and  Broadcasting constituted   a  broad  based  composite  Inter  Ministerial  Committee  (IMC) on 25.04.2005 under the chairmanship of the Addl. Secretary (I&B)  and comprising officers drawn from Ministries    of  Home  Affairs,  Law  &  Justice,  Women  and  Child  Development,  Health  & Family  Welfare,  External  Affairs,  Defence  and  a  representative  from  the  industry  in Advertising Standards Council of India (ASCI), to  take  cognizance suo-motu or  look into  specific  complaints  regarding  violation  of  the  Programme  Code    and  Advertising

Code as defined in Rule 6 and 7 of the Cable Television Network Rules, 1994  in respect of content carried by TV channels. Subsequently, vide order dated 11.11.2011 Department  of  Consumer  Affairs  was  also  given  representation  and  Joint  Secretary, Department  of  Consumer  Affairs,  Ministry  of  Consumer  Affairs,  Food  and  Public Distribution, was included as a member in the IMC. Relevant orders are available in the Ministry's website i.e. www.mib.nic.in.  The IMC functions in a recommendatory capacity. The final  decision  regarding  penalties  and  its  quantum  is  taken  by  the  Ministry  on  the basis of the recommendations of IMC. There is no proposal to re-constitute the IMC.

(c),  (d)  &  (e):  Inter  Ministerial  Committee  (IMC)  has  been  functioning  in  the  Ministry  of Information  and  Broadcasting  to  look  into  complaints  of  violations  of  Programme  Code since last more than 10 years.  As stated earlier, the members of the IMC are nominated from out of a wide range of Ministries who are perceived to have a stake in the content broadcast on electronic media. As is also stated earlier, the membership of the IMC has also  been  expanded  in  the  past  to  include  representatives  from  other  Ministries  like Consumer  Affairs  considering  that  the  content  broadcast  on  television  can  affect  the interest of consumers also. Apart from the official members, IMC also has representation from Industry body i.e. Advertising Standards Council of India.

Ever since IMC has started functioning no deficiencies or drawbacks regarding its functioning have been brought to the notice of the Ministry of I&B.  As such it would be fair to say that the institution of the IMC has so far stood the test of times.   Considering that  the  IMC  is  only  an  advisory  or  recommending  body  and  a  final  decision  on  any recommendation by IMC is taken by a competent authority.  The present arrangement of IMC is considered adequate.

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