N4101 3/15/201 3-BC-ll

GOVERNMENT OF INDIA
MINISTRY OF INFORMATION & BROADCASTING
.A' WING, SHASTRI BHAWAN'
NEW DELHI - 11OOO1

07th

April, 2015

ORDER
ln supersession of this Ministry's orders of even number dated 25.03.2015 and
06.04.2015.
WHEREAS, it has come to the notice of the Ministry of Information & Broadcasting
on 27-08'
that Jai Hind channel had telecast "A" certified film, titled 'Hai Harithe'

2012att0:03:l2hours.,whichitse|fWasagrossvio|ationaspertheprovisionsof
ih" C"nt" Television Networks (Regulation) Act, 1995 and Rules framed thereunder'

WHEREAS,byte|ecastingtheaboveprogrammethechanne|(JaiHindTV)
Networks
appeared to have violated following provisions of the cable Television
Rules, 1994:

be carried in the cable

Bglg-O(ll3g). provides that no programme-should
se.icewNchcontravenestheprovisionsoftheCinematographAct'1952'

in the
Rule 6 (1) (o), which provides that no programme should be carried

caoteservice,whichisnotsuitableforunrestrictedpublicexhibition.

WHEREAS,accordingtobasicconditions/ob|igationsofpermission/approvalfor

permission to uplink "Jai

Uplinking/Downlinking of TV Channels in India under which
is bound to follow the Programme
HinO', W Channel has been granted, the Channel

CodeandAdvertisingCodeprescribedundertheaforementionedAcVRu|esand
event of failure to comply
Government orders as circulated from time to time. In the
withanyofthetermsandconditions,permission/approva|grantedis|iab|etobe
suspended/ cancelled;

WHEREAS,theabove.mentionedprogrammeappearedtobeinvio|ationofthesaid
and conditions of the
orovisions of the said Act and Rules, Guidelines and terms
permission granted to the Channel'

WHEREAS,ThisMinistryissuedaSCN(ShowCauseNotice)dated28-05-2013to

..JaiHind''TVChanne|fortelecastof,.A''certifiedfi|m,asthesameappearedto
vio|ateRu|e6(1)(n)and6(1Xo)oftheCab|eTe|evisionNetworksRu|es,1994under
was asked to
the Cable Television Networks (Regulation) Act' 1995' The channel
scN
15 days from receipt of the scN. lt was also laid down in the
show cause within

thatifnorep|yisreceivedwithinthestipu|atedperiod,itwi||bepresumedthatthe

violation
channel had nothing to say in the matter and further action for the aforesaid
of the provisions will be taken against it ex-parte;
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(NEETI SARKAR)
Ritta,/olr'ctor

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Mh. of Into.m.tion t 8F$certlng
Govt' of Indlr, N'w Oelhi

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WHEREAS, responding to the SCN of this Ministry, "Jai Hind" W Channel replied
vide their letter dated 19.06.2013 stating that the channel had arranged for a
Malayalam movie for telecast but unfortunately at the last moment the print
Malayalam movie got damaged and became unfit for immediate uplink and in order
to avoid delay, the channel telecast another film "Hai-Harithe" certified as 'A'
mistakenly due to lack of proper care of the technical staff. On enquiry the channel
found that the tape "Hai-Harithe" was mistakenly cased in another case with another
title. Hence the telecast of "Hai-Harithe" an "A" certified film. The channel undertook
that such incident shall not be repeated in future. They apologized for the lapse and
requested the Ministry to accept their explanation and close the proceedings.
WHEREAS, even though the channel had not asked for affording an opportunity for
a personal hearing to present their case, the Ministry has given opportunity to them
before IMC in its meeting held on 05.08.2013. in keeping with the principal of natural
justice.
WHEREAS, the matter was placed before the IMC who observed that telecast of "A"
certified film was in clear violation of the programme code and opined that though
the channel had admitted their fault and apologized for content of their channel
which must be in conformity with the programme code at all times. such content
which has been certified not fit for general public exhibition cannot be carried on
television as it causes immense harm to whome the content is not intended. Based
on the material or record and submission of the channel, The IMC opined that the
channel should have observed caution and set up such systems at their end so that
no "A" certified film is telecast on their channel even by mistake. The IMC observed

that telecast of 'A' certified film on television is itself a gross violation. After
deliberation on the matter the IMC reiterated its earlier recommendation (in its
meeting held on 05.08.2013) of one day off'the'air penalty to "Jai Hind" TV'
WHEREAS, as per para 5.2 of the guidelines for uplinking from India, one of the basic
conditions/obligitions of the company permitted to uplink registered channels is that
the company lhall comply with the Programme Code prescribed under the Cable
Television Nltworks (Regulation) Act, 1995 and Rules framed thereunder.

WHEREAS, as per para 8.1 of the said guidelines, in the event of a channel found to
have been/being used for transmitting any objectionable/unauthorized content,
inconsistent with public interest, the Central Government has the power to revoke the
permission granted.

WHEREAS, as per para 8.2 of the said uplinking guidelines, the central Government
has the power to impose penalties for violation of any of the terms and conditions or
other provisions of the said guidelines.
WHEREAS, in case of violation of Programme code this Ministry have powers to
suspend the permission of uplinking granted to a company for up to a period of 30
days in the event of first violation ai [er para 8.2.1 ,Ior up to 90 days in the event of
seiond violation as per para 8.2.2 and revocation of permission of the company and
prohibition of broadcast up to the remaining period of permission in the event of third
violation as per para 8.2.3 of the said uplinking

guidelines'

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(NEFTI SAFTKAR)

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WHEREAS, sub-section (2) of Section 20 of the Cable Television Networks

(Regulation) Act, 1995 provides that 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 lndia; 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 of any channel or programme.
WHEREAS, sub-section (3) of Section 20 of the Cab le Television Networks
(Regulation) Act, 1995 provides that 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 Advertising Code refened to in section
6, it may by order regulate or prohibit the transmission or re-transmission of such
programme.

AND WHEREAS, the Competent Authority has decided to impose a penalty of

prohibition of transmission/re-transmission of "Jai-Hind" TV channel on any platform
throughout the territory of India for a period of one day.
NOW, THEREFORE, the Central Government, in exercise of the powers conferred by
sub-section (2) & (3) of Section 20 of the Cable Television Networks (Regulation) Act,
1995 and under paras 8.2.1 , 8.2.2 & 8.2.3 of the policy guidelines for up linking of the
Television channel in India, orders to prohibit the transmission or re-transmission of
,,Jai
Hind" TV channel for one (1) day on any platform throughout India with effect from
00:01 hrs. on 16-04-2015 till 00:01 hrs. on 17-04-2015

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This issue with the approval of the competent authority'

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(Neeti Sarkar)
Director (BG)
Tele # 23386536
(r+Rr qv6r<)

(NEETI SARK.AR)
FitTa,/Dt16ctor

Jai Hind TV
Bharat Broadcasting Network Ltd.
Karimpanal Arcade, East Fort, Fort . P.O.,
Thiruvananthapuram
Kerla. India

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Mln. ot Inform.Ion A Broadc!3tino

Govt. ot Indta,

N.w Dsthl

- 695023

(with the direction to send compliance report immediately after

the
commencement of the above period followed by a final report on expiry of the
said prohibition period on e-mail id sobc2-moib@gov.in)

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(Neeti Sbrkar )
Director (BG)
Tele # 23386536
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Govt. ot Indl., Nsw Dsthl

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Copy to- Teleport : Managing Director, Essel Shyam Communication, C-34, Sector
62, Electronic City, Noida, Uttar Pradesh 201307.

with the request to stop uplinking of "Jai Hind" w channel for one day with effect
from 00:01 hours on 16th April, 2015 till 00:01 hours on 17'n April, 2015. The receipt
and compliance of this order may also be confirmed to this Ministry at the earliest via
fax on 01 1-23383235 and on e-mail id sobc2-moib@qov.in as well.

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(Neeti Sarkar)
Director (BC)
Tele # 23386536
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Copy for kind information to: Shri A.K. Kalia' DDG (NOCC), Network OPeration
Control Cenhal, Deptt of Telecom., New Delhi.

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(Neeti'SArkar)
Director (BC)
Tele # 23386536
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Copy for ensuring comPliance to:

Mln. ol Intormetion

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Govt. ot Indis, Nw D.thi

1.
2.
3.
4.
5.
6.
7.
g.

MSO Alliance,
DTH Association,

Cable Operators Federation of India'

IPTV Forum,
Wireless Advisor (WPC),
DDG (NOCC),
Director (M&C) PtB, Shastri Bhawan, New Delhi'
ADG EMMC with a request to report compliance of Ministry's order regarding

"Jai Hind" TV Channel

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(Neeti'Sarkar)
Director (BC)
Tele # 23386536
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(NEETt SARK.A.R)
Ratr.F,/Dirsctor

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Mln. of Inlormalion & Broactcasttno

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Govr. of India, Nw Derhi