The Ministry of Information and Broadcasting has taken a significant step in promoting a business-friendly environment and enhancing investor trust in the cable television sector by making amendments to the Cable Television Networks Rules of 1994. These amendments are aimed at operationalizing the decriminalized sections of the Cable Television Networks (Regulation) Act, 1995, and replacing punitive measures with a more flexible and education-focused approach to regulation.
One of the key changes introduced by the ministry is related to Section 16 of the Cable Television Networks (Regulation) Act, 1995, which had previously specified punishments for violations, including the possibility of imprisonment for up to two years for initial offenses and up to five years for subsequent ones.
To foster a more conducive environment for businesses and reduce the burden on the criminal justice system, the ministry enacted the Jan Vishwas (Amendment of Provision) Act, 2023. This act revised and decriminalized the punitive measures outlined in Section 16. Instead of imprisonment, financial penalties and non-monetary sanctions, such as advisories, warnings, and censures, will be imposed. These penalties will be enforced by a “designated officer” as per the newly notified rules. Additionally, the amended Section 16 introduces an appeal process to challenge decisions made by the designated officer.
In a statement, the ministry emphasized that these amendments are designed to encourage compliance with the Cable Television Networks (Regulation) Act without resorting to harsh punishments, particularly for minor or unintended contraventions. The inclusion of advisory, censure, and warning measures reflects a focus on educating and promoting compliance rather than solely relying on punitive measures.
Furthermore, the amendments allow for a range of penalties, providing flexibility in addressing different types of contraventions. This approach ensures a more proportional response based on the nature, specificity, and severity of the violation. It discourages habitual or repeated contraventions by including provisions for higher penalties and the potential suspension or cancellation of registration for subsequent offenses.
One significant aspect of the amended rules is the definition of a “designated officer” responsible for imposing penalties. This streamlines the enforcement process, making it more straightforward and efficient. It also alleviates the pressure on the criminal justice system by diverting regulatory matters away from the courts.
The introduction of an appeal mechanism is another crucial element of the amendments. This mechanism allows individuals or entities to challenge penalties or decisions, ensuring a fair and transparent process. It serves as a safeguard against potential abuse of power and ensures accountability in regulatory enforcement.
In addition to the changes related to penalties and enforcement, the amended rules also define common terms in the cable industry, such as “platform services” and “local cable operator.” This step aims to bring about uniformity in the usage of these terms and enhance clarity and consistency in the sector.
