Broadcaster Must Bear In Mind Minimum Precautions While Airing Content Which May Disturb Sensibilities Of Prudent Viewers: Delhi High Court

The Delhi High Court has observed that a professional broadcaster is expected to bear in mind the minimum precautions which must be exercised while broadcasting content which may cause distress and disturb the sensibilities of an "ordinary and prudent viewer".

Justice Yashwant Varma made the observation while dismissing a plea filed by TV Today Network Limited challenging an order issued by the Ministry of Information and Broadcasting in March this year imposing the penalty of warning under Cable Television Networks Rules, 1994.

The development related to a broadcast aired by the India Today channel in February last year showing an incident of an elephant being mercilessly beaten by its caretakers.

Taking cognizance of a complaint which was made, the Ministry had, after placing the channel on notice, passed the impugned order.

During the course of hearing, the Court noted that it was not disputed that the visual clips which were originally broadcasted were neither blurred nor did the channel forewarn the public to exercise discretion bearing in mind the barbaric action of the caretakers and the pain of animal which was displayed.

"Viewed in light of those admitted facts, the Court finds no justification to interfere with the order impugned," the Court said.

It added,

"While the act of the petitioner in bringing that incident to the notice of the viewers and thus highlighting the issue of cruelty towards animals is not intended to be deprecated, the Court would have hoped that a professional broadcaster would have borne in mind the minimum precautions which must be exercised while broadcasting content which may cause distress and disturb the sensibilities of an ordinary and prudent viewer."

The Court thus concluded that the petitioner failed to establish any prejudice and accordingly the plea was dismissed.

Case Title: TV TODAY NETWORK LIMITED v. UNION OF INDIA & ANR.

Citation: 2022 LiveLaw (Del) 689

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