Delhi High Court Seeks Response From TV-9 Marathi Channel For Airing “Homophobic Show” In March 2020

The Delhi High Court recently pulled up TV 9, a Marathi Channel for telecasting a show with homophobic content.

The Single Bench of Justice Pratibha M Singh while hearing the plea challenging the order dated February 1, 2021 passed by Ministry of Information and Broadcasting (“The Ministry”) in which it was observed that the programme titled ‘Aarogyam Dhanasampada – Sexual Problems and Solutions’ aired by TV 9 Marathi Channel does not violate the Programme Code has sought response from TV- 9 Marathi Channel.

“A perusal of the order dated 1st February, 2021 passed by the Ministry shows that no reasons have been given in the said order as to why the programme telecast by TV-9 Marathi Channel is not in violation of the Programme Code. Further, the order has also been passed without affording a hearing to the Petitioner.”, the Bench noted.

In the present matter, the guest speaker invited by TV-9 for its programme titled “Aarogyam Dhanasampada – Sexual Problems and Solutions” communicated during the programme that homosexuality is a disease & as per the petitioner also made various other objectionable statements. The petitioner vide email dated March 13,2020 corresponded with TV9 to telecast a programme consisting of credible medical professionals etc., to clarify the position on sexuality, gender identity, gender expression and biological sex which did not fructify. Thereafter, the petitioner filed complaints before the Ministry & News Broadcasting Standards Authority, an association of private television news and current affairs broadcasters constituted under the News Broadcasters Association.

Vide its email dated June 23,2020, the NSBA informed the petitioner that it did not have any jurisdiction on the matter since the programme was aired prior to TV9 Marathi Channel becoming a member of the NBA.

The Ministry vide the impugned order dated 1st February, 2021, responded stating that the programme did not violate the Programme Code prescribed under Rule 6 of the Cable Television Network Rules, 1994.

The Counsel appearing on the Ministry’s behalf submitted that he would seek response from it if the Ministry was willing to reconsider the matter, after affording a hearing to the Petitioner.

The Counsel appearing on TV9’s behalf submitted that she would also seek instructions in respect of the programme consisting of credible medical professionals addressing issues of sexuality, gender expression etc., which was being discussed in the correspondence between the Petitioner and TV-9 Marathi Channel.

Thus the Bench after observing that both Ld Counsels have to seek instructions before the next date of hearing has listed the matter for April 5,2021.

Case Title: Indrajeet Ghorpade V. Union Of India & Anr| W.P.(C) 3865/2021