Warning to the Amrita TV Channel for violation of the provision of the

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Shastri Bhawan, New Delhi_ 110 001"
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27th March. ZOl4
WARNING
Whereas, it has come to the notice of the Ministry of Information & Broadcasting
that
'Amrita'TVChannel had telecastan,,A', certified film, tifled ,The Don'on 0i_oo_2012, in
apq{elt violation of the provisions of the Cable Television Networks (Regulation) Act, 1995
and Rules framed thereunder.
whereas, Rule 6(1) (o), of the programme code provides that no programme
shourd be
carried in the cable service, which is not suitable foi unrestricted public
eininition. The Rule
6(1) (n), provides that no programme shourd be carried in the cabre service,
which
contravenes the provisions of the cinematograph Act, 1952. Further,
Rute o 1s; ot ttre
programme Codes provides that programmmes unsuitable for
children must not be carried
in the cable service at times when the largest numbers of chirdren
"re*"t"ning.
whereas, a show cause Notice (SCN) was issued to the ,Amrita TV' channet
on
2013.
whereas,'Amrita'TV channel vide their reply dated 15-06-2013 made the
submissions:
.'
.
.
o
o
o
28_05_
foilowing
The channel apologized and undertook that such incidents shall
not repeat in future;
Requested for extension of time to reply to the SCN;
Thereafter vide letter dated 0g-07-2013, the channel stated that
the film was shown
erroneously and they regretted the oversight;
while the agreement for this feature firm was signed in 2006, they were at that
stage
not very conversant with the complexity of film piotocots;
As a channel with a s.acrosanct reputation, it was an oversight on their part
to have
aired the said feature film;
Assured that this film will not be telecast again untill they get the appropriate
certificate
from the censor board;
Requested to condone this lapse;
whereas, the channel was also given an opportunity of personal hearing
before the IMC on
05-08-2013 wherein the representative of ihe channel made an ,n"oniiti*"i
and
stated that though the film was certified as 'A", the content was not offensive
"porogy
as before
telecast, the film has been edited of all adult content.
{!9rea9, the IMC previewed the. cD recordings of the programme and considered the reply
th:-{:nr!.and the personar submissionJ made by flie representative oigre channer.
9l
The. IMC-held
that though no offensive content was shown on the channel, telecasting
,A,'
of
certified film on television is in itself a violation of the provisions of the erogr"rnr;
coo".
Whereas, The IMC recommended that a 'Warning' may be issued to the channel for the
said laose.
Whereas, the competent authority, after taking into account the facts of the case including
the CD recordings of the film, the written and oral submission by the Channel, having regard
to the recommendations of the IMC and after careful consideration of the case in
totality of the circumstances, has come to the conclusion that the 'Amrita TV' Channer was
in violation of Rule 6 (1) (n) of the Cable Television Networks Rules, 1994 under the Cable
Television Networks (Regulation) Act, 1995.
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 to do so
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 of any channel or programme.
sub-section (3) of Section 20 of the Cable
W!9*".,
provides
Television Networks (Regulation) Act,
1995
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 of
the prescribed Advertising Code referred to in Section 6, it may by order regulate or prohibit
the transmission or transmission of such programme.
Whereas, the broadcasters are also governed by the provisions of Uplinking/Downlinking
Guidelines, 2011 and that 'Amrita' TV channel while applying for the uplinking/downlinking
permission had undertaken to abide by the programme and Advertising codes and that as
per the terms and conditions of Uplinking/Downlinking Guidelines, read with the permission
granted to 'Amrita' TV channel, certain penalties have been prescribed for violation of the
Programme and Advertising Codes of Cable Television Network Rules, 1994.
Now, THEREFoRE, the Ministry of Information & Broadcasting, in exercise of powers
conferred by sub-section (2) & (3) of section 20 of the cable Television Network
(Regulation) Act, 1995, and under paras 8.1 & 8.2 of the guidelines for uplinking from India
hereby warns 'Amrita' TV channel to stricfly adhere to the programme code prescribed
under the Cable Television Networks (Regulation) Act, 1995 and rules framed thereunder,
in letter and spirit.
strict compliance of the above direction be ensured by the 'Amrita'TV channel. Any further
violation may entail such action against 'Amrita' TV channel as deemed fit in accordance
with the Cable Television Networks (Regulation) Act, 1995 and the Rules framed thereunder
as also as per terms and conditions of the permission granted under uplinking/downlinking
guidelines.
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AMRITA TV
Gandhi Nagar,
Vazhuthacaud,
Thiruvananthapuram-695
(Neeti Sarkar)
Director (BC)
Tel. No. 23386536
(rnft Etc"i)
(NEETI SARK ,R)
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