STAR INDIA PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Star India Private Limited ('SIPL') challenges an order dated 27 th November 2009, issued by the Ministry of Information and Broadcasting ('I&B Ministry'), Government of India, administering a warning to Star Plus Channel ('SPC') in exercise of powers under Section 20 of the Cable Television Networks (Regulation) Act, 1995 ('CTNR Act') to strictly adhere to the Programme Code ('PC') in terms of Sections 5 CTNR Act read with Rule 6 of the Cable Television Networks Rules, 1994 ('CTN Rules'). The warning was with reference to the telecast/re-telecast by the SPC of a program titled 'Sach Ka Saamna' ('SKS') on 17 th and 21 st July 2009. Background facts

(2.) SIPL states that it is engaged in the business of producing and supplying content to various channels operated under the name 'STAR' including SPC. SPC is stated to have a wide viewership. The television programme SKS is stated to have been adapted from a widely watched international show titled 'The Moment of Truth' ('TMOT'), which is watched in India and over twenty other countries. It is stated that TMOT has been broadcast in India since 2008, through a sister channel of SPC, STAR World, at the 9 pm slot. It is stated that there were repeat telecasts of the programme from January to March 2009. According to SIPL SKS is a medium to encourage people to speak and confess solemn truths relating to their lives "even if it means facing some embarrassing situations for which they themselves are responsible". It is stated to be an attempt to help the willing contestants "to shed their masks and inhibitions, and bring forth their integrity and strength of character." It is claimed that the programme seeks to reward honesty and truthfulness, and provide a public platform from which "contestants may openly reflect on those aspects of their lives which they are not particularly proud of so that they may start life afresh with a clean conscience". It is stated that prior to the filming of the programme, the contestant expressly consents to being asked personal and confidential questions pertaining to his/her life and agrees to give true answers in respect of the same. As a result, the answers of the contestants are then filmed and telecast "under the belief and understanding that the contestant will speak the truth". The contestant is given the option of leaving the programme at any time including even after the polygraph test is conducted. Care is taken through the entire process to ensure that the contestant always has the option to quit if he/she does not wish to go further in the programme.

(3.) SKS was telecast by SPC from 15 th July 2009 to 18 th September 2009, involving a total of forty-eight episodes. On 22 nd July 2009, a show cause notice was issued to SIPL by the I&B Ministry in regard to the content of the two episodes of SKS telecast on 17 th and 21 st July 2009. The show cause notice ('SCN') stated that the content of the said episodes was "vulgar, indecent and against good taste and decency". In the first paragraph of the SCN it was stated: