Surrogate ads: Delhi HC junks TV Today plea against govt’s directive to air apology

Dismissing a petition by TV Today Network, the Delhi High Court has refused to interfere with the information and broadcasting ministry’s orders directing the network’s channels to air an apology scroll for advertisements promoting brands linked to alcohol, LiveLaw reported.

Justice Subramonium Prasad observed that Rule 7(2)(viii) of the Cable Television Networks Rules, 1994, allow advertisements of products with names similar to prohibited items but this is subject to conditions which were violated in this case, according to the report.

The matter pertains to two advertisements – for “100 Pipers Music CDs” and “All Seasons Club Soda”. After granting the network a hearing, the union ministry of information and broadcasting had told the owner and operator of India Today and Aaj Tak to run an apology scroll four times a day at the bottom of the screen for three consecutive days between 9 am and 9 pm. The network challenged this in court.

The government’s counsel claimed that the “100 Pipers” advertisement carried a logo of the liquor brand, in violation of Rule 7(2)(viii),  and the “All Seasons” ad showed a liquor bottle and was not certified by CBFC. The network, however, claimed that it had acted in good faith. It said the All Seasons name is used for several items other than liquor and that in the 100 pipers ad, the advertiser had provided it with a copy of the CBFC certificate. 

But, in its judgment dated December 19, the court said, “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.”

Update on December 26, 10.15 pm: This report had erroneously cited a Bar and Bench report instead of LiveLaw. This has been corrected.