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2004 Supreme(SC) 482

Supreme Court Of India
SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING
Versus
GEMINI TV (P) LTD.
Decided on April 13, 2004

Headnote:

Constitution of India, 1950, Articles 142 and 136 - Representation of the People Act, 1951, Sections 125 and 28A - Cable Television Networks (Regulation) Act, 1995, Sections 2(a), 6, 11, 12, 13, 16, 19, 22 - Cable Television Networks Rules, 1994, Rules 7- Grievance against the decision of the committee or designated officer/EC- Modalities as regards the advertisements to be telecast on electronic media, by cable operators and television channels- The object of the 1995 Act is to regulate the operation of the cable television network in the country- Section 6 provides that such advertisement must be in conformity with the prescribed advertisement code- Every registered, National and State, political party proposing to issue advertisement on television channel and/or cable network is required to apply to the Election commission/Designated Officer not later than three days prior to the date of telecast of such advertisement - Function of professorship of advertisements could be delegated by the EC to the District Magistrate or to any other officer as specified - Complaint or grievances in respect to the decision of grant or refusal of certification to be entertained by a committee appointed by Chief Electoral Officer - Such advertisements to be governed by Section 125, RP Act, 1951 - Only Supreme Court and no other forum to be approached in case of grievance against the decision of the committee or designated officer/EC - The order passed by Supreme Court in exercise of the powers under Article 142 , binding on all the political parties, candidates, persons, group of persons etc.[Paras 7 to 16]

( 1 ) ON 2-4-2004, while issuing notice on the special leave petition and passing an ad interim order, we directed the Election Commission of India to suggest modalities as regards the advertisements to be telecast on the electronic media, by cable operators and television channels. In pursuance thereof, the Election Commission has suggested the modalities on an affidavit giving various suggestions. A copy of the said affidavit was handed over to the Union of India and the learned Attorney General, who has also made a few suggestions. Shri K. K. Venugopal, learned Senior Counsel appearing for the Election Commission of India, Shri Soli J. Sorabjee, learned Attorney General, and Shri K. Ramakanth Reddy, learned counsel appearing for the respondent cable operators, agreed that these modalities, as suggested by the Election Commission of India, may be made part of the order of the Court.

( 2 ) BEFORE we pass the order, it will be worthwhile to notice certain provisions of the Cable Television Networks (Regulation) Act, 1995 (for short "the Act"), as amended from time to time, and the Rules framed thereunder. The object of the Act is to regulate the operation of the cable television network in the country. Section 6 of the Act provides that no person shall transmit or retransmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code. Section 11 of the Act provides that if any authorised officer has reason to believe that the provisions of the Act have been or are being contravened by any cable operator, he may seize the equipment being used by such cable operator for operating the cable television network. Section 12 of the Act provides for confiscation of the equipment in the event of any violation of the provisions of the Act. Similarly, Section 13 of the Act also provides for seizure or confiscation of the equipments and punishment. Section 16 further provides for punishment for contravention of the provisions of the Act. Section 19 lays down that an authorised officer, if he thinks necessary or expedient so to do in the public interest, may, by order, prohibit any cable operator from transmitting or retransmitting any advertisement which is not in conformity with the prescribed programme code and advertisement code and it is likely to promote enmity on grounds of religion, race, language, caste or community or any other grounds whatsoever, disharmony or feelings of enmity, hatred or ill will between different religious, racial, linguistic or regional groups or castes or communities or which is likely to disturb public tranquillity. Section 22 of the Act empowers the Central Government to frame rules to carry out the provisions of the Act. The Central Government in exercise of the powers conferred on it by Section 22 of the Act is empowered to make rules which are known as the Cable Television Networks Rules, 1994 (for short "the Rules" ). Rule 7 of the Rules provides that where an advertisement is carried in the cable service it shall be so designed as to conform to the laws of the country and should not offend the morality, decency and religious susceptibilities of the subscribers. Sub-rule (2), inter alia, provides that no advertisement shall be permitted which derides any race, caste, colour, creed and nationality; is against any provision of the constitution of India; and tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way. Subrule (3) further provides that no advertisement shall be permitted the objects whereof are wholly or mainly of religious or political nature; advertisements must not be directed towards any religious or political end. It is in this background, we now propose to pass the following order: every registered, national and State, political party and every contesting candidate proposing to issue advertisement on television channel and/or cable network will have to apply














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