'Some Condom Ads Obscene, Like Porno Films' : Madras High Court Restrains TV Channels From Telecasting Vulgar Advertisements

The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi observed,

"It is shocking to note that in the television, about 10.00 p.m., almost all the television channels are telecasting some advertisements, which exhibit obscenity to promote the sale of condoms, which in fact, are being viewed irrespective of the age and absolutely available in all television channels."

The Court further noted,

"Anybody who sees these programmes will be shocked by the pornographic content. Some advertisements though look like promotion "Aphrodisiac" popularly known as ''Love Drugs'', it looks like a porno film."

The Matter before the Court

The court was hearing public interest litigation (PIL) filed by K. S. Sagadevaraja, a resident of Rajapalayam in Virudhunagar district.

He filed this Petition praying for directions for the respondents "to take immediate and effective steps including monitoring, prosecution, pre-censorship, etc against the television channels and cable operators regarding, telecast of vulgar and obscene programmes and advertisements violating the programme code and advertisement code and other penal laws etc., and create adequate and easily accessible effective complaint Redressal Mechanism for lodging complaint and immediate redressal regarding telecast of vulgar and obscene programmes and advertisements on television"

In the petition, Secretary, Ministry Of Information And Broadcasting, Government Of India, Secretary, News And Film Technology And Film Law Department, Government Of Tamil Nadu, District Collector, Virudhunagar District, and Superintendent Of Police, Virudhunagar District, Virudhunagar were arraigned as party respondents.

As an interim prayer, it was urged that Respondents be directed to immediately restrain the TV channels from telecasting obscene and vulgar programmes and Advertisements pending disposal of the main writ petition.

Court's Order

The Court, in its order noted that Nudity is exhibited in those advertisements, which is punishable under Section 16 of the Cable Television Network (Regulation) Act, 1995. Similarly as per Rule 7(1) of the Cable Television Network Rules, 1994, the programmes telecast should not offend "morality", "decency" and "religious susceptibilities" of the subscribers.

Further, the Court remarked that as per Rule 7(2) (vi), the Cable Operators shall ensure that the portrayal of the female form, in the programmes carried in cable service is tasteful and aesthetic and is within the well-established norms of good taste and decency.

However, the Court said, in the programmes/advertisements, which are telecasted in the television in the name of selling condoms and aphrodisiacs, inner wears, they are violating the Rules provided under Rule 7(1) of the Cable Television Network Rules, 1994.

Lastly, the respondents were directed to answer on the censorship of the programmes telecast on satellite TV Channels as contemplated under Section 5(A) of the Cinematographic Act 1952.

Case title - K. S. Sagadevaraja v. The Secretary Ministry Of Information And Broadcasting and others [WP(MD) No.16087 of 2020 AND WMP(MD) No.13475 of 2020]