Delhi HC rejects TV Today's plea challenging MIB order to display apology scrolls for running liquor ads

The Delhi High Court has recently dismissed a plea filed by TV Today Network, challenging a directive from the Central government instructing the media company to broadcast apology scrolls for displaying advertisements of liquor brands on its news channels.

Justice Subramonium Prasad dismissed the plea, emphasising that TV Today had violated Rule 7 (Advertising Code) of the Cable Television Networks Rules, 1994. This violation occurred when the channel showcased an advertisement for 100 Pipers Music CDs, incorporating the '100 Pipers' logo.

"The display of the logo of '100 Pipers' would thus appear to be in contravention of that Rule. Since the provisions of Rule 7 has not been complied with, the contention of the learned Counsel for the Petitioner that they had proceeded in good faith on the basis of the CBFC certificate which was submitted by the advertiser cannot be accepted as the Rules do not permit the broadcaster to independently ascertain the veracity of the clip that is provided by the advertiser," the Court observed.

Regarding the matter of broadcasting the 'All Seasons Club Soda' commercial, the Court determined that the mentioned advertisement had not received certification from the CBFC.

The Court passed the order after TV Today approached the High Court challenging a June 14, 2022 order of the Ministry of Information and Broadcasting (MIB).

The MIB had directed TV Today to display an apology scroll in bold, legible font at the bottom of the screen four times each day for three consecutive days, from 9 AM to 9 PM. This directive was issued due to the airing of advertisements for 100 Pipers Music CDs and All Seasons Club Soda on the news channels.

TV Today contended that in reference to the broadcast regarding '100 Pipers,' the clip was aired in accordance with the certification issued by the CBFC, as provided by the advertiser.

Concerning the broadcast about 'All Seasons Club Soda,' it was mentioned that the brand name 'All Seasons' is commonly used by various kinds of products and is not exclusive to a liquor brand.

The counsel contended that the directives from the MIB should be set aside as the broadcasting channel was not obligated to compare the clips provided by the advertiser with those certified by the CBFC before airing them. It was emphasised in court that the media channel had proceeded in good faith.

However, Justice Prasad rejected these arguments.

In conclusion, the High Court said, "In view of the above, this Court is not inclined to interfere with the Orders dated 14.06.2022, passed by the Competent Authority, Ministry of Information and Broadcasting.”

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