Karnataka HC Orders Media To Strictly Adhere To The Programme Code

OVERVIEW 

The Karnataka High Court recently ordered the TV news channels to strictly follow the ‘Programme Code’ prescribed under section 5 of the Cable Television Networks (Regulation) Act, 1995, r/w Rule 6 of the Television Network Rules, 1994.

The petition addressing the issue was filed by an advocate affiliated to the Bhartiya Janata Party (BJP) in relation to the sex CD scandal resulting in the resignation of the State Minister Ramesh Jarkiholi.

BRIEF ACCOUNT 

The petition was filed by an Advocate Arma V. Hiremath, who serves the legal cell of BJP.

The plea sought guidelines to the Union of India along with the State government regarding the violation of programme code and right to privacy under Article 21 of the Constitution, citing the Supreme Court ruling in the case Justice K.S. Puttaswamy v. UOI.

The petitioner also asked for directions to be issued to the Commissioner of Police to take action against the respondent media platforms who have repeatedly been violating the programme code as per Rule 6 of the Cable Television Network Rules.

Citing the telecast of the contents of a CD containing visuals of former minister Ramesh Jarkiholi in a compromising position with a woman, the petitioner argued that such broadcasts by media houses amount to ‘extreme violation of privacy of the aforesaid individual’.

The counsel stated that he is establishing his private right in the fear of respondent-media platforms may catch hold of explicit material related to the petitioner through anonymous sources, and eventually broadcast the same thereby infringing upon his right to privacy protected under Article 21 of the Constitution. 

The plea also stated that the programmes and visual telecasted by the respondents offend Rule 6 by consisting of indecency and ‘obscene, defamatory, deliberate false, suggestive innuendos and half truths’ that tend to slander individuals.

The single-judge bench of Justice P.S. Dinesh Kumar thus issued interim notice to the broadcasting media channels to strictly broadcast within the conformity of the ‘Programme Code’ defined under section 5 of the said Act.

“By an ad-interim direction, it is directed that any broadcast in the Cable Television Network shall be strictly in conformity in terms of ‘Programme Code’ as defined under Section 5 of the Cable Television Networks (Regulation) Act, 1995 read with Rule 6 of the Cable Television Network Rules, 1994.”

CONCLUSION 

Following the interim order of the Court, the Bangalore Police Commissioner issued an order on March 9, restricting all broadcasts that are no strictly adhering to the terms of the said programme code, thereby making any violation liable for prosecution under section 16 of the Act. 

WHAT ARE YOUR VIEWS ON THIS PLEA SUBMITTED IN THE HIGH COURT? LET US KNOW IN THE COMMENTS BELOW!