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Synopsis

The Delhi High Court on Thursday issued notice in an appeal filed by TV Today Network Limited against a single judge's order refusing to interfere with the warning issued by the Ministry of Information and Broadcasting for allegedly telecasting a video wherein an elephant was being mercilessly beaten and the fire was thrown at it.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said, "The video should have been blurred."

The bench was hearing a plea filed by TV Today Network challenging a single judge's order wherein the court had said that the minimum precautions which must be exercised while broadcasting content that may cause distress to an ordinary and prudent viewer should be kept in mind.

Advocate Hrishikesh Baruah appearing for TV Today submitted that the concept of blurring in the case of animals is unknown. Baruah added that a disclaimer was shown before the video and the video was to show brutality toward animals.

While issuing notice in the matter, the bench listed the same for further hearing on January 19, 2023.

The incident emanates from a broadcast aired by the petitioner on February 22, 2021, which showed an incidence of an elephant being mercilessly beaten by its caretakers.

The single judge bench had noted, "While the act of the petitioner in bringing that incident to the notice of the viewers and thus highlighting the issue of cruelty towards animals is not intended to be deprecated, the Court would have hoped that a professional broadcaster would have borne in mind the minimum precautions which must be exercised while broadcasting content which may cause distress and disturb the sensibilities of an ordinary and prudent viewer."

The ministry had issued an order imposing the penalty of warning on the petitioner in accordance with the provisions made in the Cable Television Networks Rules, 1994.

Referring to the video telecasted, the single judge bench had opined that the visual clips which were originally broadcast were neither blurred nor did the presenter forewarn the viewing public to exercise discretion bearing in mind the barbaric action of the caretakers and the pain and distress of the animal which was displayed. Viewed in light of those admitted facts, the single judge bench had found no justification to interfere with the order of the Ministry.

Case Title: TV Today Network Limited Vs. Union of India & Anr.