Avail Alternative Remedies: Kerala High Court Permits Lawyer To Approach Broadcaster Alleging Grievances Against Telecast Of Bigg Boss Malayalam Season Six

The Court was considering a writ petition filed by Advocate Adarsh S alleging that the show violates broadcasting regulations and advisories issued by the Union Government by telecasting scenes of physical assault on national television.

The Division Bench comprising Chief Justice A J Desai and Justice V G Arun permitted the petitioner to withdraw his petition and directed him to submit a representation for redressal of his grievances before the Broadcaster under the provisions of the Cable Television Networks (Regulation) Act.

The Court orally observed, “you are an adult person, you are wise enough to decide if you want to watch a particular series or not.”

The Counsel for the respondents submitted before the Court that the petitioner has alternative remedies provided under the Cable Television Networks (Regulation) Act. It was argued that the petitioner has no case, and that he has approached the Broadcaster with his grievance. It was also submitted that the remedy of the petitioner is to file a representation before the Broadcaster and only if no action is taken, he can approach the Ministry. It was submitted that the petitioner approached the Court through a public interest litigation without availing any other alternative remedies available under the statute.

The Court had earlier directed the Union Government represented by the Secretary of the Ministry of Information and Broadcasting to address violations of broadcasting regulations and advisories in connection with telecasting Big Boss Malayalam Season 6. It was also observed that the union government could direct to desist telecasting shows if violations of advisories were found.

Observing that the petitioner could approach authorities under the Cable Television Networks (Regulation) Act since other alternative remedies are available, the Court permitted the petitioner to withdraw his petition.

Citation: 2024 LiveLaw Ker 293

Case title: Adv. Adarsh S v Union of India

Case number: WP(C) NO. 15148 OF 2024