- (1.) WP(C)No.387/2000 : On the cause of action, which arises for consideration in this bunch of cases, the petitioner in the first instance filed Writ Petition (C)No.387/2000. Thereafter some other petitions were also filed. The factual and legal position depicted in the original writ petition and in the other connected writ petitions, we are informed, stand incorporated and upgraded in Writ Petition (C) No.1024 of 2013. In view of the above, Writ Petition (C)No.387/2000 and the other connected writ petitions referred to above are hereby disposed of summarily.
(2.) We take up Writ petition (C) No.1024/2013 for consideration, on merits.
(3.) WP(C) No. 1024/2013 : The primary issue, which arises for consideration in the instant case, is with reference to the introduction of a complaint redressal mechanism. Such a mechanism is sought in respect of complaints made against television and radio programmes. Illustratively, our attention has been drawn to the Cable Television Networks (Regulation) Act, 1995, and to the rules framed thereunder, namely, Cable Television Networks Rules, 1994. We may illustratively refer to Rule 6, which is extracted hereunder : "6. Programme Code. - (1) No programme should be carried in the cable service which:- (a) offends against good taste or decency; (b) contains criticism of friendly countries; (c) contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes; (d) contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; (e) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote-anti-national attitudes; (f) contains anything amounting to contempt of court; (g) contains aspersions against the integrity of the President and Judiciary; (h) contains anything affecting the integrity of the Nation; (i) criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country; (j) encourages superstition or blind belief; (k) denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals; (l) denigrates children; (m) contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups; (n) contravenes the provisions of the Cinematograph Act, 1952; (o) is not suitable for unrestricted public exhibition. Provided that no film or film song or film promo or film trailer or music video or music albums or their promos, whether produced in India or abroad, shall be carried through cable service unless it has been certified by the Central Board of Film Certification (CBFC)) as suitable for unrestricted public exhibition in India. Explanation - For the purpose of this clause, the expression "unrestricted public exhibition" shall have the same meaning as assigned to it in the Cinematograph Act, 1952 (37 of 1952); (2) The cable operator should strive to carry programmes in his cable service which project women in a positive, leadership role of sobriety, moral and character building qualities. (3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the Copyright Act, 1957 (14 of 1957) unless he has been granted a licence by owners of copyright under that Act in respect of such programme. (4) Care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence. (5) Programmes unsuitable for children must not be carried in the cable service at times when the largest numbers of children are viewing. (6) No cable operator shall carry or include in his cable service any television broadcast or channel, which has not been registered by the Central Government for being viewed within the territory of India: Provided that a cable operator may continue to carry or include in his cable service any Television broadcast or channel, whose application for registration to the Central Government was made on or before 11th May, 2006 and is under consideration, for a period upto 15th June, 2009 or till such registration has been granted or refused, whichever is earlier. Provided further that channels uplinking from India, in accordance permission for uplinking granted before 2nd December, 2005, shall be treated as "registered" television channels and can be carried or included in the cable service." ;