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| DB disposed off PIL with direction to Chief Secy, and Law Secy | | PIL on Cable Television Network Act 1995 | |
Early Times Report
Jammu, Feb 11 (JNF): In a Public Interest Litigation filed by one Paras Gupta regarding the various indecent, vulgar, inappropriate, untrue etc. advertisements and programmes which are running on various TV channels and which are not in uniformity with the prescribed Advertising Code and the Programme Code as envisaged under the Cable television network (regulation) Act, 1995 and the rules framed there under, A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat after hearing Sr. Advocate Sunil Sethi for the PIL whereas ASGI Sindu Sharma appearing for the Union of India whereas Sr. AAG Gagan Basotra appearing for the State disposed of the PIL with the direction to Chief Secretary of J&K and Law Secretary of J&K to consider about the drafting of appropriate Laws, which would definitely protect the interest of the womenfolk and general public from acting on the basis of the false advertisements.
This landmark judgment written by Chief Justice N Paul Vasanthakumar or the Division Bench observed that Public Interest Litigation, is filed complaining that there is blatant violation of various provisions of Cable Television Network (Regulations) Act, 1995 and the Rules framed thereunder in the State of Jammu & Kashmir on account of unregulated television contents in the shape of either advertisements for commercial products or programmes.
Division Bench further observed that during the pendency of the PIL, the Ministry of Information and Broadcasting issued an Office Memorandum on 21.8.2014 stating that the Advertisement Standards Council of India (ASCI) noted certain objectionable advertisements received from Consumer Complaints Council, violating the provisions of the Code for self regulation as well as to the provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and the same was placed before the IMC for its recommendation and it was ordered that the advertisements which are violative of ASCI cannot be carried on TV channels and recommended to advise all Channels not to telecast the advertisements which are found violative by ASCI. In terms of the said recommendation, an advisory has also been issued to all TV channels.
Division Bench further observed that the grievance of the petitioner is that in spite of the said advisory issued by the Ministry of Information and Broadcasting, New Delhi on 21.08.2014 some TV channels are advertising objectionable advertisements.
Division Bench observed that Insofar as the prayer of the petitioner seeking direction to consider drafting of Laws by chief Secretary and law Secretary, similar to the Indecent Representation of Women Prohibition Act, 1986, and Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, this Court cannot give any positive direction as drafting of Laws/enacting a law is the prerogative of the Government. However, since the Government is bound to prevent the obscene, defamatory, vulgar, false advertisements, in public interest, a direction is issued to the chief Secretary and law Secretary to consider about the drafting of appropriate Laws, which would definitely protect the interest of the womenfolk and general public from acting on the basis of the false advertisements. With these observations Division Bench disposed off. |
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