No.

804/1 1 6/201 2-BC-il1

M rN
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sr Ry ?-trTJ'ilili I S NG _ llOO01 Shastri Bhawan, New Delhi ""Asr 'A'Wing, "F

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ORDER

May,2o1s

whereas it came to the notice of this Ministry that comedy central channel telecast a programme'stand Up Glub" on 26.4.20,12 at 20:{2 hrs which carried

obscene dialogues and vurgar words derogatory to women and hence appeared to offend good taste and decency. The portiayar in the programme did noi ippear suitable for unrestricted public exhibition and children. Whereas, the programme showed a man performing an act of stand_up comedy and mouthing vulgar words accompanied by obscene and suggestive gesturei and gyration. During his performance, the man was shown uttering dialogues denigrating women, indecently and crudely referred to sex organs of men-and women and the sing-song rendition by the man sought to pornographically describe .the male lust, depicting women as a commodify of sex. The pbrtraydt appeared to deprave, corrupt and injure the public morality or morals.

WHEREAS, this Ministry issued Show Cause Notice (SCN) on 22.06.2012 to Gomedy Central Channel for telecast of the said programmes which appeared to violate the following provisions of the Cable Television Networks Rules, 19ba.

i)

Rule 6 (1) (a) which provides that no programme should be carried in the Cable Service which offends against good taste or decency; Rule 6 (1) (d) which provides that no programme should be carried which contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; Rule 6 (1) (k) which provides that no programme should be carried in the cable service which denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereoi in such a way as to have the effect of being indecent, or ierogatory to women, or is likely to deprave, corrupt or injure the public morality or
morals,

ii) iii)

iv)

Rule 6 (1) (o) which provides that no programme should be carried in the cable service, which is not suitable for unrestricted pubtic exhibition.

V)

children are viewing.

Rule 6 (5), which provides that programmes unsuitable for children must not be carried in the cable service at times when the largest number of

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whereas, the channel replied to the above said scN vide their lefter dated 10.07.12.
stating

(1) (2) (3) (4)

that the correct name of the programme was .Comedy Central

Presents" and not "Stand Up Comedy,'.

a process, the Hon,ble Ministry should have raised the concerns stated in present notice before Broadcasting Content Complaint Council (BCCC) and not with the broadcaster direcflv.
that as
consideration. that they assured compriance to serf Reguration Guiderines and ail the conditions of the Uplinking/downlinking permissions.

a serious note of all concerns raised by this Ministry and had immediately shared the same with Creative & Content Team of the Channel with shict instructions not to air the episode in question until the concerns raised in present Notice are fu y addressed and finally decided.
that they had taken

constituted by this Ministry to look into the cases of violation of the erogramm'; an'd Advertising codes prescribed under the cable Television Networks tn"g",rLiion) A;i 1995 and rules framed thereunder, in its_meeting held on 24.07.12. borisioerinri ir,ai no representative of the channel came for personal hearing, lMc decided to'orant one tast opportunity to the channel to be heard in person, if they desired.
was^ g_ranted opportunity for personar hearing before rMc proposed to be held on 2i.08.12. since the same could not be held ror-acminlsiraiive reasons' the channer was informed ahout the postponement of the said letter dated 17.08.12. However, channer'wai granted personat nearing in the -the_ next meeting of IMC held on ,|.9.12.12.

whereas, the mafter was considered by the Inter Ministerial committee flMC).

whereas' the channer

;";ii;; ;;;

whereas, the channer, thereafter, sent

submitted offered to,apotogize

retter dated 16.0g.12 wherein they

episodes having similar content. that "comedy central' channel is country's 24-hours channel dedicated to English languag.e ggmedy content and targeted ai a niche vrewership accustomed to and. interested in_ listening to Engrish ranguage programmes. Hence, most of the contents of the channer are conceived, crealed and produced out of India. The Programme 'comedy centrar presents' is a non-fiction itand-up comedy snow. oue process of content edit was followed for all episodes of ihe erolramme out inadvertently, the edits were not carried out in said episode befori its te[casi resulting in operational mishap.

for inadvertenfly airing the aforesaid episode on Jl^,rnerr unanner ^ll^"j-t!:{ oue to unintentional genuine error and that they had taken a serious note of all concerns raised in SCN and as a preventive step, thev had not onlv stopped repeat telecast of the episode in question but had a6; d;id;-n;iio ;i'r

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enclosed) that they would not air any episode having similar content. They assured to continue with strict compliince of programme code and all applicable regulatory guiderines whire airing programmes/shows on their channer.

content compraint councir (Bccc) where ii came up for consideration on 8'8-2012. They have confirmed with BCCi vide retter oated to.a.zoitr.ipv

qiD . On. receipt of present Notice, they immediately shared the same Brold^c11ti.r1o

with

(iv)

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considering a first genuine mistake they humbry requested to take a renient view in this matter.

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whereas, in the meantime, as a resurt of the action taken by the channer as mentioned above, a retter dated 26-09.12 *.. i"."iulo rrom eb'cc'co;;;il;; fi" decision taken bv it in the matter. Bccc stated tnai ine matter was praced before the of BCCC herd in New o"rnr ,tn ryl99tilrs oe.oa.rz for discussion. The BCCC found the said episode to ue "n-oi.oi.i'i.no oqectionabte ano issued a Notice to the (copv not encrosed), which was ."rriJloi 9!ryqt in".ring at the izri-n!.tin"'ot BCCC hetd on 13.0e.12 in New Dethi. rn it, i"pr,,, tni the said episode and submitted,that it was a g'e;ui;e mistat". rnli.r'z.r"r underteking (copy not encrosed) rot_to repeat"ftre ia-ii episode and assured to drop episodes having simirar content. BCCC further stateJ t ai it has aoviseJ in" cn"nnir and to be cautiouJioout airrns piosramme.-;;;;;

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whereas, it further came to the notice of the Ministry of Information & Broadcastino that comedy Central Channel telecast a progr"mniu ;eop"orn;on-o'i,;ff;:";i appeared vutgir, obscene and against gooJ i"i". 1;1t^l^.:,::I!e_19s,1a,mm9 Ine programme also did not appear suitable for unrestricted pr6ri.
children.

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Whereas, in the above said programme, some members of the programme crew were shown praying pranks in pubric They performed some strange and absurd acts that surprised the common who were comptetely unaware .people/paislrsby, of the hidden camera capturing the wnorb r."n". iirrini the programme, one of its crew pranksters is shown standing. opposite a wail, in strop lipparenity a snoestore), hotding a pair of d,ummy-regs from its thighs in iii,iG i,.''iN"g suggestive movements as if having sex. A rady passerby was shown rooking at ihE 't,il prankster in comprete amazement. Few seconds rater, ihe pr"nkG. location and moved croser to the camera, hording the dummy "makinj regs and"n"n6"d stiil suggestive movements.

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in the next shot, the prankster was seen warking through I/vhergasr the parking rot towards the grass wa of a shop. He is shown to stanJ oppo.it" the grass wa with the dummy regs herd in his as before and rep"itub'tt'" act. Aiady, trom ine ,hands. other side of the wa[, is shown to rook on giving a surprised ano amlsed toot. Then the prankster is shown to move towardi tn"" pirroing rot and standing before the front door of a car is shown repeating the to and fro movements, hording the suggesting the enactment of lexuat act. A man sitting inside the iar is !lT.Tyl:S"shown staring at him in disberief. Thus the above said visuars ippeareo ,rrg.r, obscene,. offended good taste and decency ano also not suitable for unrestricted public exhibition and children.

this Ministry issued Show Cause Notice (SCN) on I/HIRFIS, central

1O.1O.,IZ to Comedy channer for terecast of the saio programmJ for apparent vioration of the _above provisions_of Rutes 6(1) (a), 6({) (d), 6(1}(oi and e1i; ot'tne Cabte Tetevision Networks Rules. 1994.

whereas, in repry to the above said scN, the channer vide its retter dated 26..r0.12 replled
as under:"come^dy centrar" channer, an Engrish Generar Entertainment channer was Ill ,that launched on 23.01.2012, the programming

iine-up inctuoeo popurar fiction

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non-

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flction shows mainly produced out of India. The channel submitted that as country's 24-hour channel dedicated to Engrish ranguage comedy content, tney iaijetei a niche viewership accustomed to and interested in ristening to English ra-nguJge programmes. (ii) That the Programme "popcorn" was a reality show of approx.22 minutes duration which contained different right-hearted pranks. in this show after ptaying pran[ on iny individual, the person who' plays the prank oisclos"s io the said person about the prank played and also informs about recording the same by the hidden camera Through this show, the Channel/ Broadcaster diJ not intend to pass on ;nt to its viewers as the programme was purely for entertainment.

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episode first went to Content Auditins rci"in pi""iun -each necessary edits considering the telecast time, target audience ano []r!_s,yOq9sted rne apprca.te programme code, self Regulatory Guidelines. on receipt of necessiry edits from content Auditing Teem, progEmming Team ensured that said edits wer6 carried out before its terecJst. The sam6 pro""ri itro*eo for ail episodes of the Programme incrudinglhe episode in quesiion but inadvertenfly, the edits were missed to be carried out before its terecast, which was a rear operationat misnap oui-in unintentional error.

(iii) This Programme had been on air since 23.01.2012 on the channel and until then, they had aired armost 190 episodes of the same without any content rerated issues or complaints on any episode of the programme. Eraborating on the content regrritio; mechanism, they informed that wtrire ipproving the conteit of any programrir.ir"o

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for its consideration and necessary action.

whereas, with the above submission, the channer stated that they had sent the Notice issued bv this Ministry to Broadcasting conl"ni-corprrl;i

dd;ii (ftbii;;

Channel.

whereas, the channer arso submitted their aporogy for ainng the said episode statino that it.was a genuine operationar mishap and tnJli be extra cautious about the same. They turtner itateo ""rui"Jin; inat they have sensitizeJ ine content and programming team about this Noiice and the concerns raised in icJ_eative' the same. They further assured to continue with strict compriance or programre cod; and all applicabre reguratory guiderines whire airing ari programmes / shows on our

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whereas, the channer was granted p^ersonar hearing in the meeting of rMC herd on 19.'12.12, in connection with both the SCNs aatea ii.-OA.p and 10.10.12.

all limits of good taste and decency.

whereas' the rMc first previewed the cD recordings of the programmes for which scNs were issued on 3.11.12 and 5.06.12. wniiE-*.t.t'ini tnie recoioings,"iM-c noted that the contents of both the programmes were tounO ui,ry off"niiu.l

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whereas, IMC thereafter invited the representatives of the channer to appear for personar hearing. The representarives bf the cnanner, reiteratinj th" illr'g; which the channer had arready submrtted in their written repry, stated that they had arready sent both the scNs to BCCC for their information and appropriat" They further submitted that due.to tne non-apptiinc" oi prop., editing whire"lti"r. airing the Programmes in guestion by their technic.i i".r, in" saro Incrdents occurred. At this point, the rMC pointed out that there *as

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no i-ope tor

"nv "oitins

i" th;

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dialogues and visuars of the two programmes which had been shown since they were replete with same theme throughout the programme. whereas,.with regard to the_submission of the representatives of the channer durino personar hearins that the channer had arready r"rerrJ ine dv ii.iE Ministry to BCCC and in the written repty oai6a to.oinn tnat as-a-procesi iiiJ Hon'ble Ministry shourd have raised the concerns stated in pre."ni ,i"ti* Gr"r" B.roa-dcasting content compraint councir (Bccc) ino not with the uioioi".i"i directtv and they had forwarded the copy of ihe Noiice to eccc ror informed the refresentatives oitne channer that the show [r^e l!tc.,qtesoricarry \,ause Norces rssued bv the Ministry shourd have been direcfly repried to the Ministry. whire BCCC continued tneir enort to Lrin! ierr-reguration in the broadcast industry for Non-News and general entertainment -channers, there was no need to send ministeriar references to Bccc but shourd have been prompfly

sir.r.liJrii

is-ciiiniiiiii,

repried.

whereas, having understood the modarities of functioning, the representative of the

channel apologized before the rMC about their earrier submission in this regard.

therefore, recommended to 'iio'nliu,ii'iii of the channet throughout lndii for to aiy" against each of the viorations pointed out by the tr,vb sc|s. uowever, irtc furTher recommended that the two awards cai be served concurrentty ani iL channel be taken off air for a totat period of 10 days, serving botn awaids

whereas, based on the above deliberations, written repries and the oral submission by the representative of the channer and keeping in view the content of thJ q1991a.mme, lrg tMC opined that the Channet viotitea the Rules AOlfili, Aftlldi,

. 6(1)(o) and 6(s) and transmission or re-transmission

6(1)(k),

concurrently.

WHEREAS, the competent .authority, after previewing the C.D. of the programme, taking into account the facts of the case, the wriften submission oy the inannel, having regard to the recommendations of the IMC and after careful consideration oi the case on totality of the circumstances, has come to the conclusion that the telecast of the above said programmes by comedy central channel is in clear violation of Rules 6(1)(a),6(1) (d),6(1)(k),6(1Xo), ariO O(S) of the programme Code under cable Television Networks (Regulation) Act, 1995 and rules frimed thereunder. The go]lp^etelt authority, while accepting the recommendation of lMc note that though BCCC, .the self-regulating body for General Entertainment channels also found tfie same objectionable and advised the channel of the same, they did nou could not take any punitive action against the channel for the telecast which'had oeen touno gn;eiy offensive and obscene. WHEREAS, as per para 5.2 of the Guiderines for Uprinking from India, one of the basic. conditions/obligations of the company permitted io uplink registered channels is that the company shall comply with the programme code prescribld under the cable Television Networks (Regulation) Act, 1995 and rules framed thereunder. WHEREAS, as per para 8.2 of the said uplinking guidelines, the central Government has the power to impose penalties for violation ot any of the terms and conditions or other provisions of the said guidelines.

wHEMs' as per para 8.1 of the said

permission

have been/being used for transmitting any objectionable/unauthorized content inconsistent with public interest, the Cential Government has the power to revoft tne .. -

guiderines, in the event of a channer found to

granted.

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WHEREAS, in case of vioration of programme code this Ministry have powers to suspend the permission of uptinking granled to a company tor a pdrioO oi i; the event of first vioration as per pira g.2.1, ror 90'days in the event of seconJ -anJ viola.tior as per para 8.2.2 ievocation of permisiion of tne company 3nd prohibition of broadcast up to the remaining period'of permission in tne event of tniro violation as per para 8.2.3 of the said uplinklng guidelines.

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.the..interest of India; or (iii) friendly r"frlon. oilni," *itn any foreign State; or order' decencv or morarity, it may, oy oroer, regurate or prohibit the transmission or re{ransmission ot any L'nann;i;t
or (ii) security ll{i"; (iv) public

WHEREAS, sub-section (2) of section 20 of the cable Television Networks (Regulation) Act, 199s piovides that where the centrat Government thinks it necessary or expedient so to do..in of the (i) soverelgnty

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WHEREAS, sub-section (3). of section 20 of the cable Television Networks (Regulation) Act, 1995 provibes that where the centiar covernment considers that any programme of any channel is not in conformity with the prescribed code referred to in section 5 0r the prescrioeo aivertia"r"nt code referred to in section 6, it may by order regurate or prohibit the tranimission or ."-tr"".rirrion oi such programme.

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platform throughout the Territory or rnoia roi p"ri-J'oiiln a"v". " NOW' THEREFORE, the centrar Government in exercise of the powers conferred bv sub -section (2) and (3)) of Section 20 of the caore ieievisio; inegffi;# 199q.3F under paras B.'r & 8.2 oitn" gr-iJ"iin"s-fli uplinxing from India orders j: "^,IXT: i1.1^".1-?r., r9_tra n s m ss 6n ;i C;; ;; y c en tra r ch a n n e r fo r te n :"" 3:"lPI n J tn r;# il," :" ilii'il,:J."iJ; Ii :&

AND WHEREAS, the Competent Authority has decided prohibition of transmission/re{ransmission'"r ;io,n"Jv to tmpose a penaltv of c"ntr"i"-.t"in5i';;':n"u

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This issues with the approval of the Competent Authoritv.

tNeetisbi(?il
Comedy Central Channel (Managing Director) Viacom 18 Media pvt. Ltd.. Zion Biz world_ Subhash Road ,A' Vile Parte (E) Mumbai - 400057 Director (BC) Tele # 23386536

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report immediately after the ""19^ _gq]nptjance period fouowea o! ahnar .port o,i.riii'"r iiil ::flT,":,",:T,:T-.:_lt prohibition period i1","" said on e_mail ia bciiisectionOvatroo.com.

(With direction

to

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Copy for kind information to: - DDG (NOCC)

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(Neeti Sarkar) Director (BC) Tele # 23386536

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Copy for ensuring compliance

1.

to:'

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i,

2. 3. 4. 6, 7.

MSO Alliance DTH Association

Cable Operators Federation of India IPTV Forum Wireless Advisor (WPC) Director (M&C) PIB, Shastri Bhawan, New Delhi, Director, EMMC with a request to report compliance of Ministry's order by Comedy Central Channel.

/uWW:,.^ ^t l':
(Neeti Shrkai) Director (BC) Tele # 23386536
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Copy also to:

(i)

Managing Director, M/s TV18 Broadcast Limited, Express Trade Tower, plot No.15-16, Noida, UP-201301

ii)

Managing Director, M/s TV18 Broadcast Limited, 503,504,507,5.n Floor, Mercantile House, 15, Kasturba Gandhi Marg New Delhi-110001

to
from

request

stop uplinking/downlinking of this channel

th

and to send a compliance report immediately after the commencement of the above period followed by a final report on expiry of the said prohibition period via fax on A22-23382738 and on e-mail id as well.

N446,,
(Neeti Sarkar) Director (BC) Tele # 23386536

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