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Sir, there are several other suggestions which have been made with regard to the quality of programming and a constant review of the Advertisement and the Broadcasting Code so that we meet the changing challenges of the society itself. I take these suggestions in the right spirit. Certainly, this is one area where we are going to work on it.

You raised the question as to how one would define obscenity because it can mean differently to different people. I must mention that in this Act, the phrase which we have used is ‘morality and decency’. ‘Morality and decency’ is the phrase which we have picked up from article 19(2) of the Constitution. But obscenity is a phrase which is used in the penal provisions of our penal laws. It provides for trial and punishment. If there is something which is obscene, the test is that you can be tried and prosecuted if something is obscene. But when you frame laws relating to exercise of freedom of expression and you put restraints in those laws, the Constitution itself does not use the word ‘obscene’, but it uses the word ‘decency’. Therefore, we have consciously used the phrase ‘decency’ which part, as you have submitted, really comes within the parameters of the phrase which we have used that the quality of programming must be such which does not offend morality and decency. There are other phrases which we have picked up from article 19(2). Therefore, the restraints which we have put in this section are only those restrictions which are constitutionally permissible and which have stood the test of time from 1950 onwards.

The All India Radio, for instance, in so many different languages has 192 Production Centres in this country where it is relaying programmes. May I just correct the impression when you said that there is a small area in this country which is covered by Doordarshan? Today, there are 21 channels which they are running all over the country. Therefore, it is the extent of viewership in terms of population of the terrestrial channel which is DD National. It already covers 89 per cent of India’s population. Therefore, even in certain areas where it is commercially not viable but it is in the national interest to reach out to those areas, they have been trying to reach out in terms of several areas where private sector has not ventured to come in because it may not be commercially possible. In order to discharge this mandate, they have been trying to enter into those areas, for example, in the remotest areas in the hilly areas, in the North-East, in Kashmir. You said that PTV is very popular in Kashmir today both in terms of the national channel, the Metro Channel and also the Kashmir local channel which has already been given terrestrial support. In addition to being a satellite channel, they have tried to enter those areas. Of course, they cannot enter every area to compete with the private channels because private channels essentially concentrate in a big way only on entertainment. Here you have also to keep programmes for various sections of the society. You have to keep programmes relating to women, tribals and farmers. The programmes of all kinds have to be telecast for various sections of the population. That is why we consider it necessary that a clause - we must restrict - must be present for essentially two terrestrial channels, that is DD-I and DD Metro. Metro is essentially a satellite channel but is now terrestrially supported in very large number of places in the country. In addition to that, one regional channel must also be on the cable operation. These would be the ones which would be notified from different regions of this country. Therefore, the object of this amendment really is to enforce and implement a broadcasting discipline on the cable operators so that the kind and quality of programmes which reach the human mind, which reach the mind of our children, do not offend ethics, do not offend morality, do not offend decency.

I am extremely grateful to almost all the speakers for having supported these amendments. Certainly, this is the process which is an evolving process.

SHRI G.M. BANATWALLA (PONNANI): Why did you use the word ‘decency’ and not a common word like ‘obscenity’?

MR. DEPUTY-SPEAKER: He has explained this.

SHRI G.M. BANATWALLA : In the Act itself! MR. DEPUTY-SPEAKER: Shri Banatwala, before your arrival, he explained both the words.

SHRI G.M. BANATWALLA : I must make my presence felt, I have just entered, Sir. I lost my chance of speaking. Thank you Sir.

SHRI ARUN JAITLEY: Sir, this question has been raised by Shri Rupchand Pal. I had, at length, explained to him. I shall also explain to him, maybe outside the House. I explained the rationale for using this word ""decency"" and not ""obscenity"" in the Act.

I am extremely grateful to all the Members who have supported this Bill and I commend to this hon. House that the Bill be approved and passed.

MR. DEPUTY-SPEAKER: I shall now put the amendment moved by Shri Varkala Radhakrishnan to vote.