TV TODAY NETWORK LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The distinction between club soda and whisky is at the core of the dispute in the present case. For persons who consume the same, the distinction is quite clear! However, in the case of advertisements which are alleged to be surrogate, the lines are blurred.

(3.) The allegation of the Respondent is that the Petitioner ran an advertisement of "All Seasons" Club Soda which was a surrogate advertisement for "All Seasons" Whisky, sold in a similar bottle and layout. The telecast of the advertisement took place during the LIVE coverage of the Independence Day event. The footage which was shown to the Court shows that in the said live telecast, an 'L' shaped advertisement was broadcast on the 'Aaj Tak' TV channel, which, according to the Petitioner, relates to the "All Seasons" Club soda product. The Ministry of Information and Broadcasting (hereinafter, 'I&B Ministry'), however, found the same objectionable in terms of the provisions of the Cable Television Networks (Regulation) Act, 1995 and issued a show cause notice on 7th September, 2020. Reply to the said notice was also filed by the Petitioner. After hearing the Petitioner, the I&B Ministry came to the conclusion that the colour and layout of the bottle being the same as the whisky bottle of the advertiser, the advertisement is nothing but surrogate advertising and hence, the direction to issue an apology was imposed.