terrestrial and DTH networks. An
appropriate declaratory relief to the effect that
no television network, DTH network, Multisystem
network or local cable operator can broadcast ... cable operator” in the
following terms.
“2(aiii) "cable operator" means any
person who provides cable service
through a cable television network
respect of complaints made against television
and radio programmes. Illustratively, our attention has
been drawn to the Cable Television Networks (Regulation ... rules framed thereunder, namely,
Cable Television Networks Rules, 1994. We may
illustratively refer to Rule 6, which is extracted
hereunder :
“6. Programme Code
brief matrix of facts is that the Respondent is a
Cable Television Network Operator in Haridwar as
defined under Section 2(aa) of the Cable ... State of Uttarakhand. The respondent is
a cable operator registered under the Cable Television
Networks (Regulation) Act, 1995 and under the
Cinematograph Act, 1952 . Under
Cable Television Network,
(iv) Local Cable Television Network,
21
(v) Satellite Radio Broadcasting Network,
(vi) any other network service as may be prescribed ... holder
and television or radio broadcasting service provider
intending to carry a live television broadcast on any cable
television network or Direct-to-Home network
proceedings under
Article 32 of the Constitution. The fifth respondent is a television channel by the
name of Sudarshan News.
2 The grievance ... programme would violate the Programme Code
enumerated under the Cable Television Networks (Regulation) Act 1995,
together with the Code of Ethics and News Broadcasting Standards
xviii) Offences specified in sections 11 to 18 of the
Cable Television Networks (Regulation) Act, 1995.
(xix) The Cinematograph Act, 1952 .”
12. This provision amplifies
Prevention| Sections 3 and 6 |
| |of Misuse) Act, 1980 | |
|8. |The Cable Television Networks |Sections |
| |(Regulation ... Cable Television Network (Rules), |20 & Rules 6 & 7 |
| |1994 | |
|9. | The Cinematographers Act, 1952 | Sections 4 , 5B, 7 |
11. In addition thereto
have heard learned counsel for the parties.
2. The vires of Cable Television Networks (Amendment) Rules,
20211 have been challenged by way of writ petitions
Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rule, 2021 and
Cable Television Networks (Amendment) Rules,
2021 have since been framed.
4
In the circumstances
violation of the Programme Code under the
provisions of the Cable Television Networks (Regulation) Act, 1995 .
A communication was addressed on 09 September ... Programme Code has been
formulated under Rule 6 of the Cable and Television Networks
(Regulation) Rules and has statutory force and effect. Rule
