HC stays I&B Ministry's order on Bigg Boss, issues notice
The Bombay High Court on Thursday stayed the Information and Broadcasting ministry's directive to TV channel Colors to reschedule its hit reality show 'Bigg Boss' beyond prime time, and issued a notice to the ministry.
Viacom 18, which owns the channel, on Thursday moved the High Court, saying that there was "nothing objectionable" in the show hosted by Bollywood superstar Salman Khan, and the ministry's order did not specify which episode or part of the episode "offends decency and good taste".
The division bench of Justices D K Deshmukh and N D Deshpande adjourned the hearing to November 22, as nobody appeared on the ministry's behalf.
The channel's lawyer, senior counsel Aspi Chinoy, alleged that the ministry did not accept the notice sent by his clients.
Ministry's order says that the content of the programme was not fit to be watched by the children, and was not fit for "unrestrained public exhibition".
But advocate Chinoy said that the order did not specify which incident in the show was offensive.
In the earlier seasons of the show, ministry had specified what it thought to be objectionable, but not this time, he said.
Ministry's order also asks the channel to "modify" the show, but doesn't tell "what to modify", he said.
No show-cause notice, or prior hearing was given to the channel he said.
The division bench noted that the channel had not been given a chance to present its case. Besides, it observed, that there was merit in the channel's argument that its advertising deals were dependant on the show being aired in the "prime time", and hence ministry's order led to "severe consequences".
The I and B Ministry on Wednesday had directed Colors airing 'Big Boss' and Imagine airing 'Rakhi ka Insaf' to shift the telecast of the shows between 11 PM to 5 AM citing "abusive" language, "objectionable" content and divulging of "intimate" details on the shows.
Both the programmes are not for universal viewing and can be aired only in the scheduled time slot, the ministry told the channels in separate written orders, giving them a virtual A-certificate.
On 'Big Boss', the directive issued to the channel said, "It has been brought to the notice of this Ministry that the content of the reality show 'Big Boss Season-IV' being aired on Colors TV channel offends against good taste and decency.
"It was also brought to the notice of the Ministry that the content of the show is objectionable and not suitable for children and unrestricted public exhibition. The participants are often shown quarrelling in the programme and using abusive language."
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