STAR INDIA PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Star India Private Limited (SIPL?) challenges an order dated 3 rd /4 th March 2010 issued by the Ministry of Information and Broadcasting (I&B Ministry?), Government of India administering a warning to Star Plus Channel (SPC?) to strictly adhere to the Programme Code (PC?) prescribed under the Cable Television Networks (Regulation) Act, 1995 (CTNR Act?) and the Rules framed thereunder and directing it to exercise extreme caution and restraint while referring to any incidence in their teleprogrammes which might appear derogatory to a particular community . It was further stated that strict compliance to the direction should be ensured by the SPC and that any further violation might entail stringent action.

(2.) SIPL is engaged in the business of producing and supplying content to various channels operated under the name STAR? including the SPC. It is stated that SPC is India?s most watched Hindi language based general entertainment television channel with more than 50 million viewers every week. SIPL telecasts a fictional program titled Sapna Babul Ka Bidaai (hereinafter the program in question?) on SPC.

(3.) On 23 rd October 2009, the I&B Ministry issued a show cause notice to SIPL stating that it had come to the notice of the I&B Ministry that the telecast/re-telecast of the episode of the program in question on 6 th October 2009 contained objectionable and derogatory remarks against Maharishi Valmiki having the effect of maligning an individual who is part of the social and moral life of large sections of the country . It was stated in the show cause notice that the words used in the aforesaid episode also appear to be contemptuous of religious groups and promote communal attitudes. The words used in the aforesaid episode also appear to be defamatory and are likely to encourage violence . The show cause notice refers to Section 5 of the CTNR Act and Rule 6 (1) (c), (e) and (i) of the Cable Television Networks Rules, 1994 (CTN Rules?), as amended from time to time in terms of which no programme can be transmitted/retransmitted on any cable service which contains an attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes, and is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti-national attitudes or maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country. SIPL was called upon to show cause within fifteen days as to why action as per the provisions of Downlinking Guidelines, the terms and conditions of the permission granted, and the provisions of Section 20 of the CTNR Act should not be taken against SIPL.