A professional broadcaster must bear in mind “the minimum precautions which must be exercised while broadcasting content which may cause distress to...an ordinary and prudent viewer”.

This is what the Delhi High Court said yesterday while dismissing a plea by the TV Today Network. The group, which owns Aaj Tak and India Today, was appealing against a warning issued by the I&B ministry over content it had broadcast last year.

“The petitioner has failed to establish any prejudice,” the high court said. “In view of the above, the court finds no ground to interfere with the order impugned.”

The content in question was broadcast on February 22, 2021. In the words of the court, it showed an elephant being “mercilessly beaten” by its caretakers. The visuals were “neither blurred nor did the presenter forewarn the public to exercise discretion bearing in mind the barbaric action of the caretakers and the pain and distress of the animal which was displayed”.

While the court’s order did not specify the incident, it’s likely a reference to this. As tweeted by IAS officer Awanish Sharan on February 21, 2021, and then by IFS officer Parveen Kaswan, the clip was shot at a Tamil Nadu camp. It showed two men – a mahout and his assistant – beating an elephant with sticks. Both men were subsequently arrested.

Multiple news organisations had reported on what happened including India Today, which broadcast the video on February 22, 2021.

According to the order, a complaint was filed against the TV Today Network. On March 17, 2022, the I&B ministry issued a warning in accordance with the Cable Television Network Rules.