Draft | Delhi HC Extends Interim Relief Of TV Today Against MIB’s Circular Mandating Apology Scroll for Broadcasting Liquor Products
A circular was issued by the Ministry of Information and Broadcasting, dated June 14, 2022, which required TV Today to broadcast an apology scroll four times daily for three consecutive days for airing advertisements on its news channels concerning for '100 Pipers Music CDs' and 'All Seasons Club Soda.'
On Wednesday, the Delhi High Court extended the interim relief granted to TV Today against the circular issued by the Ministry of Information and Broadcasting (MIB). The bench, comprising the Acting Chief Justice and Justice Tushar Rao Gedela, also issued a notice to the Central Board of Film Certification (CBFC) to file their responses.
In 2023, TV Today challenged the said circular before the bench of Justice Subramonium Prasad. Represented by Advocate Hrishikesh Baruah, TV Today argued that the advertisement for "100 Pipers," a liquor brand, had been aired based on a certificate issued by the CBFC. Furthermore, they argued that "All Seasons" is a brand name used for various products, not limited to liquor.
Conversely, Standing Counsel Apoorv Kurup, representing the State, contended that the advertisement for "100 Pipers" displayed on the channel differed from the version certified by the CBFC. A screenshot showed the liquor brand's logo, which, according to the State, violated Rule 7(2)(viii) of the Rules.
The bench of Justice Subramonium Prasad dismissed the petition remarking that "This Court is not inclined to interfere with the Orders dated 14.06.2022, passed by the Competent Authority, Ministry of Information & Broadcasting".
TV Today, In January 2024, then approached the bench of the Acting Chief Justice and Justice Tushar Rao Gedela. Advocate Hrishikesh Baruah argued that the mechanism for cross-checking the advertisement clip with the CBFC-certified version was unavailable prior to April 11, 2022.
Subsequently, TV Today sought an adjournment, stating their intention to file an application to include the Central Board of Film Certification (CBFC) and the advertiser in question as parties to the case.
Through an order dated 22 January 2024, the court held “no ground to interfere with the impugned order to the extent it deals with ‘All Seasons Club Soda’... However, till the next date of hearing, no coercive action shall be taken by the respondents against the appellant qua the advertisement with regard to 100 Pipers Music CDs”.
Case Title: TV Today Network Limited v Union Of India & Anr. (LPA 60/2024)