Bombay High Court Directs TV Today Network To Deposit Rs.5 Lakh To Grant Interim Protection In Plea Against BARC

Division bench of Justice Nitin Jamdar and Justice Milind Jadhav were hearing via video conferencing a writ petition filed by TV Today Network Limited seeking protection against any further coercive steps after BARC's Disciplinary Council had concluded that the petitioner network had indulged in viewership malpractice and issued a warning letter in this regard.

According to the BARC's order, there was an "abnormal jump" in daily viewership of the channels of TV Today network and it seemed like panel households were being influenced which is in violation of the Code of Conduct

Senior Advocate Dr. Virendra Tulzapurkar appeared on behalf of the petitioner network along with Dr.Abhinav Chandrachud and Advocate Ashish Kamat along with Advocate Thomas George for BARC.

While, counsels for the petitioner sought interim protection and argued that the order passed by BARC was not reasonable and no evidence was produced in order to prove the allegations against them. Advocate Ashish Kamath raised the issue of maintainability.

Court observed-

"As regards the issue of maintainability raised by the learned counsel for the Respondent, identical matters are kept on board on 5 November 2020.

It will be open to the Petitioner without prejudice to its rights and contentions to deposit the amount of Rs.5,00,000 as directed by the Respondent No.1's Disciplinary Council in the registry of this Court. If this amount is deposited no coercive steps will be taken against the Petitioner in the meanwhile."

The next date of hearing in the case is November 5, 2020.