Shaping Ethical Broadcasts: The Code for Television and Its Impact

Television in India reaches hundreds of millions of households every day. With that kind of reach comes an enormous responsibility – to inform without misleading, to entertain without offending, and to advertise without exploiting. The Code for Television, formally laid down under the Cable Television Networks Rules, 1994, is the primary ethical and legal framework that governs what Indian viewers see on their screens. It sets boundaries for programme content and advertising, upholds standards of decency and fairness, and seeks to protect national integrity and cultural values. But how well does this code work in practice, and who enforces it? Let’s break it all down.

The legal foundation: Cable Television Networks (Regulation) Act, 1995 🔗

India’s television industry expanded rapidly after economic liberalisation in 1991. Cable operators mushroomed across the country, often without any regulatory oversight. To bring order to this space, the government first issued the Cable Television Networks (Regulation) Ordinance in 1994, which was later replaced by the Cable Television Networks (Regulation) Act, 1995. This Act remains the primary legislation governing cable television operations in India to this day.

The Act requires cable operators to register with the government and comply with two key sets of rules: the Programme Code (Rule 6) and the Advertising Code (Rule 7) under the Cable Television Networks Rules, 1994. Together, these codes form what is commonly referred to as the “Code for Television” – the ethical backbone of Indian television broadcasting.

What the Programme Code covers 🔗

The Programme Code under Rule 6 is essentially a list of content restrictions that every cable operator and broadcaster must follow. It lays out the types of content that cannot be carried on cable services. Understanding these restrictions is critical because they define the ethical perimeter within which all Indian television content must operate.

Content that offends decency or good taste 🔗

At its most basic level, the Programme Code prohibits any content that offends against good taste or decency. This is a broad provision and gives regulators significant discretion. It covers everything from vulgar language to visually explicit material that falls outside acceptable social norms.

Restrictions on communal and religious content 🔗

The code specifically bars programmes that contain attacks on religions or communities, or that use visuals or words contemptuous of religious groups. Content that promotes communal attitudes is also prohibited. This provision is particularly significant in a diverse country like India, where communal sensitivity is a major public concern.

Protecting national integrity and public order 🔗

Programmes must not contain anything that affects the integrity of the nation, amounts to contempt of court, or casts aspersions on the President or the judiciary. Content that encourages or incites violence, promotes anti-national attitudes, or threatens law and order is strictly forbidden. Additionally, live coverage of anti-terrorist operations by security forces is restricted to periodic briefings by designated officers until the operation concludes.

Protection of women and children 🔗

The code takes a firm stand against the denigration of women. Any depiction of a woman’s form or body in a manner that is indecent, derogatory, or likely to corrupt public morality is prohibited. Broadcasters are also directed to carry programmes that portray women in positive, leadership roles. For children, the code mandates that programmes intended for young audiences should not contain bad language or explicit violence, and content unsuitable for children must not be aired during peak children’s viewing hours.

Other notable restrictions 🔗

The Programme Code also bars content that encourages superstition or blind belief, criticises friendly countries, slanders individuals or groups, and depicts cruelty or violence towards animals. All films, promos, trailers, and music videos shown on cable services must be certified by the Central Board of Film Certification (CBFC) for unrestricted public exhibition. Importantly, no programme can be carried if it infringes copyright under the Copyright Act, 1957, without the necessary licence.

The Advertising Code: keeping commercials ethical 🔗

Alongside the Programme Code, Rule 7 of the Cable Television Networks Rules prescribes an Advertising Code that governs all commercials carried on cable services. The Advertising Code is designed to ensure that ads conform to the laws of the country and do not offend morality, decency, or the religious sentiments of viewers.

Key advertising restrictions 🔗

Advertisements must not deride any race, caste, colour, creed, or nationality. They cannot go against any provision of the Indian Constitution. Ads that incite crime, glorify violence or obscenity, present criminality as desirable, or exploit the national emblem and national leaders are all prohibited. The code specifically addresses the portrayal of women in advertising – no ad should project a derogatory image of women or portray them in passive, submissive roles.

Restrictions on tobacco, alcohol, and infant food advertising 🔗

The code bans direct or indirect promotion of cigarettes, tobacco products, alcohol, and other intoxicants. It also prohibits advertising of infant milk substitutes and feeding bottles. While “surrogate advertising” through brand extensions is technically possible, such advertisements must go through a stringent approval process involving verification by a Chartered Accountant and certification by the CBFC.

Time limits and self-regulation in advertising 🔗

Cable operators cannot carry advertisements exceeding 12 minutes per hour, which may include up to 10 minutes of commercial advertisements and up to 2 minutes of a channel’s self-promotional content. All advertisements must also comply with the self-regulation code adopted by the Advertising Standards Council of India (ASCI). Ads must be clearly distinguishable from programme content – no sneaky ticker-tape advertising running alongside a show.

Who enforces the code? The role of the EMMC 🔗

Rules are only as good as their enforcement. In India, the Electronic Media Monitoring Centre (EMMC) is the government’s primary enforcement arm for television content regulation. Set up in 2008 under the Ministry of Information and Broadcasting, the EMMC monitors the content of TV channels broadcasting across Indian territory for violations of the Programme Code and Advertising Code.

The EMMC operates as a round-the-clock surveillance facility, currently recording approximately 900 television channels daily. When the centre identifies a potential violation, it prepares reports along with recorded clips and forwards them to a Scrutiny Committee. The Scrutiny Committee examines the evidence and sends its findings to an Inter-Ministerial Committee (IMC) for further action.

Penalties for violations vary depending on severity. They can range from warnings and show-cause notices to orders taking a channel off air. The Central Government can, after giving an opportunity of hearing, prohibit the transmission or re-transmission of any channel or programme found to be in violation of the Programme Code.

Criticisms of the EMMC 🔗

The EMMC has faced criticism on multiple fronts. Some observers have argued that the centre spends a disproportionate amount of time tracking ministerial appearances on television rather than monitoring actual content violations. Critics have also pointed out a gap between the volume of violations detected and government action taken. For instance, despite thousands of reported violations, government responses have historically been limited, raising questions about whether enforcement is selective or inconsistent.

Self-regulation: the NBDSA model 🔗

Beyond government monitoring, India’s television industry has also developed a system of self-regulation. The most prominent self-regulatory body for news channels is the News Broadcasting & Digital Standards Authority (NBDSA), formerly known as the News Broadcasting Standards Authority (NBSA).

The NBDSA was set up in 2008 by the News Broadcasters Association (now the News Broadcasters & Digital Association, or NBDA) as an independent mechanism to enforce the association’s Code of Ethics and Broadcasting Standards. It became operational on October 2, 2008, and its first chairperson was the late Justice J.S. Verma, former Chief Justice of India.

How the NBDSA works 🔗

The NBDSA follows a two-tier grievance redressal process. A viewer who has a complaint about any broadcast must first approach the concerned broadcaster. If the viewer is not satisfied with the response, they can then file a complaint with the NBDSA. The authority can also initiate proceedings on its own or act on complaints referred by the Ministry of Information and Broadcasting.

The NBDSA has the power to warn, admonish, censure, or fine a broadcaster up to Rs. 1 lakh. It can also direct channels to remove objectionable content from online platforms. In notable actions, the NBDSA has penalised channels for broadcasting communally charged debates, one-sided reporting, and violations of privacy and fairness norms.

Strengths and limitations of self-regulation 🔗

The self-regulatory model has certain advantages. It allows the industry to address ethical concerns without heavy-handed government intervention, thereby preserving editorial independence. The NBDSA’s composition – which includes an eminent jurist as chairperson along with independent members and editors – lends it a degree of credibility.

However, critics point to significant limitations. Since membership in the NBDA is voluntary, not all channels fall under the NBDSA’s jurisdiction. The maximum fine of Rs. 1 lakh is often seen as too modest to deter major broadcasters. There is also an inherent conflict of interest in an industry body regulating itself, which can lead to perceptions of leniency or bias.

Challenges facing television regulation in India 🔗

The regulatory framework for Indian television faces several ongoing challenges that require attention and reform.

An outdated legal framework 🔗

The Cable Television Networks (Regulation) Act of 1995 was designed for a very different media landscape. Over three decades, the broadcasting sector has transformed dramatically with the arrival of DTH services, IPTV, and over-the-top (OTT) streaming platforms. The existing Act does not cover these newer platforms, leaving a significant regulatory gap. The government has been working on a Broadcasting Services (Regulation) Bill to replace the 1995 Act and bring digital media under a unified framework, but the bill remains under revision after facing pushback from industry stakeholders and civil liberties groups.

Vague and broad provisions 🔗

Terms like “good taste,” “decency,” and “anti-national attitudes” in the Programme Code are inherently subjective. This vagueness gives regulators wide discretion and can lead to inconsistent application. It also creates a chilling effect – broadcasters may self-censor to avoid potential penalties, which can undermine journalistic freedom and creative expression.

The TRP-driven race and ethical erosion 🔗

The 24/7 news cycle and intense competition for television rating points (TRPs) have pushed many channels to prioritise sensationalism over responsible reporting. Loud debates, provocative anchors, and communally charged content attract viewership but often violate the spirit – if not the letter – of the Programme Code. The regulatory system has struggled to keep pace with this trend.

Balancing free speech with regulation 🔗

Any regulation of television content operates within the framework of Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression. Restrictions on this right are permissible only under Article 19(2) – for reasons such as public order, decency, morality, sovereignty, and national integrity. The challenge lies in ensuring that content regulation does not cross the line into censorship or become a tool for silencing dissent and political opposition.

The road ahead for ethical broadcasting 🔗

Despite its limitations, the Code for Television under the Cable Television Networks Rules, 1994 remains a foundational document for Indian broadcasting ethics. It sets out clear principles – respect for decency, fairness, national integrity, gender dignity, and child protection – that continue to be relevant.

The real question is how to modernise enforcement. Strengthening the independence and capacity of bodies like the EMMC and NBDSA is a step in the right direction. Any new legislation – such as the proposed Broadcasting Services (Regulation) Bill – will need to balance effective oversight with protection of editorial freedom. Investing in media literacy is equally important so that viewers become discerning consumers who can hold broadcasters accountable.

The television code is not just a legal document – it is a statement of values about what kind of public discourse a democratic society aspires to have. Making it work requires effort from regulators, broadcasters, and viewers alike.

What do you think? Is self-regulation a viable model for maintaining ethical standards in Indian television, or does the industry need a stronger, independent statutory authority with real enforcement power? And in the age of OTT and digital media, can a code designed primarily for cable television still remain relevant?

References

1. https://mib.gov.in/sites/default/files/2025-01/programme-and-advertising-code-as-on-02.01.2025.pdf
2. https://excise.delhi.gov.in/excise/cable-television-networks-regulation-act-and-rules
3. https://ascionline.in/
4. http://emmc.gov.in/
5. https://www.nbdanewdelhi.com/initiatives
6. https://mib.gov.in/
7. https://en.wikipedia.org/wiki/News_Broadcasters_and_Digital_Association
8. https://prsindia.org/billtrack/draft-broadcasting-services-regulation-bill-2023