The Madras High Court has made it clear that it is for the government to take a decision on regulation of “indecent, vulgar, obscene programmes” on television channels.
The First Bench comprising Chief Justice S.K.Kaul and Justice M.M.Sundresh made the observation while disposing of a public interest litigation petition for a direction to the Centre to regulate and prohibit transmission of explicit images of sexual perversion or acts of sexual violence.
In its counter, the Centre submitted there was no pre-censorship of programmes telecast by television channels though they were required to adhere to the provisions of programmes/advertising code. This code is proposed to be revised.
An inter-ministerial committee had been constituted to look into violation of the code. There were cases where action had been taken against television channels as per rules. The Centre was examining the issue of a legislation to regulate operation of broadcasting services.
The Bench observed that there was no doubt that TV channel contents, at times, raised the issue of its undesirability. However, this was information age. It was not possible to stop technological developments.
The possible solution lay only in monitoring or by switching off the channel, when it appeared to be offensive. What was offensive and obscene was again a subjective matter. The viewers should be advised to exercise discretion according to their thoughts and taste. All these matters pertained to social issues. It was for the government to decide whether to have a law or not or what form of regulation was required. It was not possible for the court to issue any specific direction, the Bench said and treated the petition as closed.
