ITV

Tag: SCN.

  • Sebi probe against Zeel, Chandra & Goenka to continue; fresh show cause notice to be issued

    Sebi probe against Zeel, Chandra & Goenka to continue; fresh show cause notice to be issued

    MUMBAI: The regulatory investigation against  the father-son duo of Subhash Chandra and Punit Goenka seems to be never ending.

    Securities watchdog the Securities Exchange Board of India (Sebi) on 2 January said that it will be filing a fresh show cause notice (SCN) against the two and will continue its investigation into listing guidelines violations by Chandra and Zee Entertainment Enterprises Ltd (Zeel). This was spelt out in the  adjudication order issued by adjudicating officer (AO) Amit Kapoor on 2 January 2025.  

    In the order Kapoor stated  “that the contents of the SCN dated 6 July 2022 issued by the AO will also be incorporated in the SCN to be issued in the instant matter.”

    Zeel and its promoters are under Sebi investigation for not following Listing Obligations & Disclosure Requirements (LODR) 2015. The regulator had issued a show cause notice against them on 6 July 2022. 

    Both Zeel and Punit Goenka had filed settlement claims to settle the adjudication proceedings. Sebi normally allows entities against whom investigations have been initiated to apply for settlement by paying a certain fee or complying with the rules that the watchdog lays out. 

    Their application was rejected by a panel of whole time Sebi members who also instructed it to continue with the investigation.

    Kapoor’s  adjudication order  states that once the investigation into the instant matter is complete, the competent authority should proceed against Zeel, Chandra, and Goenka under section 11B of the Sebi Act 1992. (Section 11B gives Sebi the powers to levy penalties. Penalties can vary from Rs 1 lakh to Rs 1 crore or to Rs 25 crore or 10 years in prison or both depending under which section of the Sebi Act or Securities Contracts (Regulation) Act, 1956 they are being levied) 

    Kapoor’s order further states that the allegations contained in the SCN  of 6 July 2022 are to be subsumed with the findings of the further investigation carried out by Sebi in the instant matter. 

    “Accordingly, the contents of the SCN dated July 06, 2022 issued by the AO including the examination report and all the relied upon documents will be treated as integral part of the further investigation report by Sebi in the matter of Zeel. The contents of the SCN dated 6 July 2022 issued by  the AO to Zeel, Chandra and Goenka  will also be incorporated in the SCN to be issued in the instant matter. The instant AO proceedings would be dropped against the three, ” he further states in his order. 

  • I&B ministry stops broadcast and distribution of Mangalam and Whistle TV

    I&B ministry stops broadcast and distribution of Mangalam and Whistle TV

    Mumbai: The ministry of information and broadcasting vide its order dated 26 October whereby the broadcast of the channels Mangalam and Whistle TV permitted M/s. G.N. Infomedia is prohibited for a period of 30 days w.e.f under the extant policy guidelines for downlinking of private satellite TV channels in India, 2011.

    According to Rule 6(6) of the Cable Television Network Rules 1994, no cable operator shall carry or include in his cable service any television broadcast or channel that has not been registered by the central government for viewing within the territory of India.

    In a letter dated, 27 October 2010, MIB granted permission to M/S. GN Infomedia to uplink and downlink a news & current affairs TV channel, namely ‘Mangalam’ and a non-news and current affairs TV channel, namely ‘Whistle TV’ for a period of 10 years. The permission granted to G. N. Infomedia has already expired on 26 October 2020.

    “In light of the foregoing, all MSOs/LCOs are directed not to carry the above-mentioned channel on their network during its prohibition period,” MIB stated. “Failure to do so will result in appropriate/suitable action being initiated against the defaulter(s) in accordance with the relevant clause(s) of the Cable Television Network (Regulation) Act, 1995 and rules framed thereunder.”

    The company, in response to the SCN’s vide letter dated 19 January 2022 sought an extension of time.

    Accordingly, the company was informed to apply for a 10-year renewal by 28 February 2022. However, the company did not apply within the prescribed time frame. Therefore, another SCN dated 14 March 2022 was issued to the company.

    The company, in response to the letter dated 28 March 2022 again sought an extension of time. Accordingly, the company was informed to apply for a 10-year renewal by 31 July 2022 but the company, in response to SCN, has again sought an extension of time.

    The company that got the permission renewed was required to apply for the same six months prior to the date of expiry of the permission period. However, the company has still not applied for a 10-year renewal for its two channels despite a considerable lapse of time.

    The company has therefore violated clauses 5.4 & 5.8 of the uplinking guidelines, 2011.

    Clause 5.4 of uplinking guidelines 2011, provides that “The Company shall furnish such information as may be required by the ministry of information & broadcasting, from time to time.”

    “The company shall ensure its continued eligibility as applicable throughout the period of permission and adhere to all the terms and conditions of the permission, failing which the company will be liable for a penalty as specified,” according to clause 5.8 of uplinking guidelines 2011.

    The TV channel Whistle TV is non-operational. Therefore, there is no provision in the uplinking guidelines that permits the channel to remain non-operational. Therefore, the company has violated clause 5.8 of the uplinking guidelines, 2011.

    Further action will be taken for a period of 30 days with the direction to the company to pay outstanding dues and fulfil regulatory compliance, failing which further action will be taken.

    However, if the company applies for a 10-year renewal for the two channels and takes necessary steps to remove the other violations of the policy guidelines for uplinking of TV channels in 2011, during the period of prohibition, the permission to the channel may be considered for restoration.

  • MIB orders CVR Health to go off air for code violation

    MIB orders CVR Health to go off air for code violation

    MUMBAI: A health channel named CVR Health had telecast a show named ‘healthy nights’ in 2016 that was considered unsuitable for the television audience for which it was asked to go off air for three days with effect from 8-11 September 2018.

    In a bid to attract audiences, the channel aired various films songs abundant with scenes that objectified women as well as movie clips that contained lovemaking scenes that were highly obscene and found unsuitable for telecast.

    A Show Cause Notice (SCN) dated 30 March 2017 was issued to the channel for telecasting the objectionable content on 29 December 2016 and 30 December 2016 in the 11.25 pm time slot.

    In response to the Ministry’s SCN, CVR Health channel commented that the reason the show was aired in the 11.25 pm time slot was that majority of children are sleeping. The program ‘healthy night’ was meant only for adult audiences.

    Furthermore, it stated that the channel wasn’t aware that telecasting a programme for adults in a late night time slot would amount to a violation of provisions of Cable Television Network Rules. The channel said its act was unintentional and was carried away by the view of leading newspapers that said that several men and women in Mumbai want to view adult content.

    It went on to say that the decision to air was taken considering Article 19A of the Indian Constitution that gives freedom of expression.

    IMC concluded that the channel had committed a clear violation of the prescribed programme code as its content bordered on pornography and indecency and hence, it needed to be given exemplary punishment for this lapse.