Answer By law4u team
Definition: TRP (Television Rating Point) fraud involves manipulating TV viewership ratings to artificially boost or suppress the popularity of certain programs or channels. This can mislead advertisers and consumers about the true popularity of television content.
Punishment for TRP Fraud:
- Legal Framework:
- Regulations: TRP fraud is primarily governed by the regulations set forth by the Telecom Regulatory Authority of India (TRAI) and the Ministry of Information and Broadcasting (MIB). The Indian Penal Code (IPC) and other relevant laws may also be invoked in cases of fraud and corruption.
- Penal Provisions:
- Criminal Offenses: Individuals or entities involved in TRP fraud may face charges under various sections of the IPC, such as:
- Section 420 (Cheating): Imprisonment and/or fine for cheating and dishonestly inducing delivery of property.
- Section 406 (Criminal Breach of Trust): For breach of trust involving fraudulent activities.
- Section 467 (Forgery of Valuable Security): For forgery related to financial transactions and documents.
- Criminal Offenses: Individuals or entities involved in TRP fraud may face charges under various sections of the IPC, such as:
- Regulatory Actions:
- TRAI and MIB Actions: TRAI and MIB have the authority to impose penalties on broadcasters and rating agencies involved in TRP fraud. This can include:
- Fines: Monetary penalties imposed for violating regulations and engaging in fraudulent practices.
- Suspension or Cancellation of Licenses: Regulatory bodies may suspend or cancel broadcasting licenses for severe violations.
- Cease and Desist Orders: Orders to immediately stop the fraudulent activities and comply with regulations.
- TRAI and MIB Actions: TRAI and MIB have the authority to impose penalties on broadcasters and rating agencies involved in TRP fraud. This can include:
- Corporate Liability:
- Penalties for Companies: Corporations involved in TRP fraud may face fines, suspension of operations, and other legal consequences. Corporate directors or executives may also be held personally liable for the actions of their companies.
- Investigation and Prosecution:
- Criminal Investigation: Law enforcement agencies may conduct investigations into TRP fraud, leading to prosecution in criminal courts.
- Court Proceedings: Individuals or companies found guilty of TRP fraud may face criminal trials and penalties based on the court's findings.
- Consumer Protection:
- Compensation Claims: Affected consumers or advertisers may seek compensation for damages caused by misleading TRP ratings through civil suits.
Summary: Punishment for TRP fraud can include criminal charges under various sections of the IPC, regulatory penalties imposed by TRAI and MIB, fines, suspension or cancellation of licenses, and potential corporate liability. Investigations and court proceedings may follow to address the fraudulent activities.
