The Delhi High Court recently dismissed a petition filed by TV Today Network (which runs news channels Aaj Tak and India Today among others) challenging a Central Government order asking the media network to run apologies scrolls for broadcasting liquor commercials on its news channels.
Justice Subramonium Prasad dismissed the petition, stating that TV Today had broken Rule 7 (Advertising Code) of the Cable Television Networks Rules, 1994, by displaying the ‘100 Pipers’ logo while advertising 100 Pipers Music CDs.
“The display of the logo of ‘100 Pipers’ would thus appear to be in contravention of that Rule. Since the provisions of Rule 7 have not been complied with, the contention of the learned Counsel for the Petitioner that they had proceeded in good faith based on the CBFC [Central Board of Film Certification] certificate which was submitted by the advertiser cannot be accepted as the Rules do not permit the broadcaster to independently ascertain the veracity of the clip that is provided by the advertiser,” the Court observed.
As per Rule 7(1)(2)(viii)(A) of the Cable Television Networks Rules, 1994, “Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.” Further, the law does not allow any advertisement that promotes directly or indirectly the production, sale, or consumption of cigarettes, tobacco products, wine, alcohol, liquor, or other intoxicants (subject to conditions).
Concerning the running of the ‘All Seasons Club Soda’ advertisement, the Court determined that it was not even certified by the CBFC. The order was issued after TV Today filed a petition with the High Court challenging a Ministry of Information and Broadcasting (MIB) order dated 14th June 2022.
The MIB ordered TV Today to run an apology scroll at the bottom of the monitor four times a day between 9 AM and 9 PM for three straight days for broadcasting advertisements for 100 Pipers Music CDs and All Seasons Club Soda on its news channels.
TV Today maintained that, in the case of the ‘100 Pipers’ broadcast, the clip was aired based on the CBFC certificate, which was provided by the advertiser.
Regarding the ‘All Seasons Club Soda’ broadcast, it was stated that the brand name ‘All Seasons’ is commonly used by a variety of products other than a liquor brand.
The counsel maintained that the MIB orders should be overturned because the channel was not supposed to compare the clips provided by the advertiser with those certified by the CBFC before airing them. The media outlet had acted in good faith, the court was informed.
Justice Prasad, however, rejected these arguments. “On a perusal of the clip and the screenshots that were produced, it is clearly evident that what was broadcast would not satisfy the well-recognized attributes of surrogate advertising. This clip admittedly was also not certified by CBFC. A visual examination of that clip would lead one to the irresistible conclusion that what was in fact being directly advertised was a prohibited product. The petitioner has thus clearly failed to act with prudence and care insofar as the broadcast of that particular clip is concerned,” the order dated 19th December read.
“In view of the above, this Court is not inclined to interfere with the Orders dated 14.06.2022, passed by the Competent Authority, Ministry of Information & Broadcasting,” the High Court concluded.
