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“Advertisements exhibit obscenity to promote condom sale” ; High court new order bans vulgar programs and ads !!!

The Madras High Court issued a temporary order against the telecast of obscene and vulgar programs and advertisements on TV Channels after monitoring that the appeal of righteousness demands to give a law to protect the children and women.The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi said, “It is shocking to note that in the television, about 10.00 p.m, nearly all the television channels are telecasting some advertisements, which display vulgarism to boost the deal of condoms which are being considered irrespective of the age and completely open in all television channels.

The Court further stated, “Anybody who sees these programs will be shocked by the pornographic content. Some advertisements though look like a promotion “Aphrodisiac” popularly known as ”Love Drugs”, it looks like a porno film.”The court was attending a public interest litigation (PIL) filed by K. S. Sagadevaraja, a resident of Rajapalayam in Virudhunagar district.

He filed this plea praying for orders for the respondents “to take immediate and effective steps including monitoring, prosecution, pre-censorship, etc against the television channels and cable operators concerning, telecast of offensive and obscene programs and advertisements infringing the program code and advertising code and other penal laws etc.Also make good and quickly available sufficient complaint Redressal Mechanism for filing complaint and quick redressal about telecast of vulgar and obscene programs 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 indicted as party respondents.As a temporary plea, it was demanded that Respondents be mandated to immediately curb the TV channels from telecasting profane and vulgar programs and Promotions pending removal of the main writ plea.

In its order,the court, remarked that Nudity is shown 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 programs telecast should not offend “morality”, “decency” and “religious susceptibilities” of the viewers.

Additionally, the Court stated that as per Rule 7(2) (vi), the Cable Operators shall confirm that the depiction of the female cast, in the programs brought in cable service is elegant and aesthetic and is within the well-established standardsof good taste and decency.In the programmes/advertisements, which are telecasted in the television in the term of selling condoms and aphrodisiacs, inner wears, they are infringing the Rules furnished under Rule 7(1) of the Cable Television Network Rules, 1994.

“Nudity is available in the name of Doctor’s advice as well as advertisements and it is freely available and is being viewed by all including the children. It will definitely affect the minds of youngsters and children”, said the Court.Lastly, the respondents were demanded to respond on the censorship of the programmes telecast on satellite TV Channels as considered under Section 5(A) of the Cinematographic Act 1952.
















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