Kerala HC Directs Union Govt To Desist From Telecasting Bigg Boss Malayalam Season 6 If Found Violative Of Broadcasting Regulations, Advisories

The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim stated that the union government can direct to desist telecasting shows if violations of advisories were found.

“In such circumstances, We direct 1st respondent to immediately address the violations of advisories if necessary by instructing the party respondents herein to desist from telecasting such shows in the electronic media. The petitioner is also permitted to forward a copy of the captured video of the telecast to the 1st respondent.”

The Court passed the above interim order in a writ petition filed by Advocate Adarsh S alleging that the Indian Reality Show- Big Boss Malayalam Season 6 violates broadcasting regulations and advisories issued by the Union Government by telecasting scenes of physical assault on national television. The petitioner also produced images and videos of physical assault telecasted on national television.

“The matter raises a serious concern”, stated the Court and issued notice to the State Police Chief, Endemol Shine India, Disney Star, Asianet Satellite Communications Ltd., film actor V Mohanlal, and Contestant Haseeb S K (alias Asi Rocky).

The petitioner's specific grievance was regarding a physical altercation between contestants (Haseeb SK alias Asi Rocky and Sijo John) telecasted on March 25, 2024 (16^th episode).

The petitioner alleged that physical assault telecasted on national television would attract offences under the Indian Penal Code and was also in violation of the Programme Code stipulated under the Cable Television Networks (Regulation) Act, 1995 and Cinematograph Act, 1952. He contended that the Cable Television Networks (Regulation) Act, 1995 provides guidelines for prohibiting transmission of content that offends decency and that broadcasting assault without proper justification is prohibited. “Broadcasting violent or assaultive content without appropriate context may not only distress viewers but also have wider society implications. Such content could potentially incite violence, promote aggression, and erode moral values thereby endangering public safety and morality”, stated the plea.

It is also alleged that the sharing of scenes of physical violence on social media platforms by Asianet would amount to a violation of the provisions of the Information Technology Act, 2000.

The petitioner also alleges that the production and airing of such reality shows are objectionable to the general audience including families, children, elderly since television plays a major role in everyone's lives today. It was also alleged that the involvement of popular film actor Mohanlal in hosting the show further increased the gravity of the situation. 

He alleges that broadcasting physical assault on national television violates the fundamental rights of viewers especially the right to privacy and the right to dignity guaranteed by Article 21 of the Constitution.

The petitioner has thus approached the Court seeking direction to the Ministry of Information and Broadcasting for an immediate cessation of transmission of Big Boss Malayalam Season 6 on Asianet and to remove it from all social media pages and OTT platforms. The plea seeks to initiate legal proceedings against the respondents for producing and airing the show.

The matter has been posted to May 20, 2024. 

Case title: Adv. Adarsh S v Union of India

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

Click Here To Read/Download The Interim Order