Hyderabad High Court set few guidelines for TV shows

Hyderabad: The recent observations of the Hyderabad High Court against a TV show on a vernacular news channel has raised, once again, the issue of whether guidelines should be drawn up regarding the content of TV shows.

The court said that TV shows, more particularly comedy shows, were viewed by the public at large, which includes highly educated, semi literate and illiterate viewers and persons of rural background, and that the mockery of professions or persons in such shows may create an adverse impression on the semi-literate and illiterate viewers from rural backgrounds.

The TV show the court had in mind was Jabardasth Katharnak Comedy Show, in which allegedly slanderous statements were made against judges and advocates.

The provisions under the Cinematograph Act, 1952, and the Cable Television Networks (Regulation) Act, 1995, would come into the picture only after the material has been broadcast, but there is no preventive mechanism to check content of entertainment or comedy shows before they are telecast.

Films have to be shown to the Censor Board for certification before they are exhibited and the Board can certify the film after enforcing the removal of whatever it considers objectionable.

Even an individual can approach the Censor Board before release of the film if he/she has a reasonable apprehension that certain scenes or content of a movie is likely to hurt or cause damage to the image of a particular group of persons. The Board can examine such objections.

There is no such mechanism in the case of television shows. Since in this particular case the legal profession claims it is being slandered, lawyers we spoke to believe that governments at the state and Centre have to look into these aspects and bring affective guidelines to regulate content of TV shows.

High Court advocate N. Sreedhar Reddy said that artistic work in the nature of a comedy show /short film or skit should not be allowed to hurt the sentiments of a profession /people /institution under the garb of being a literary work.

However, the question of liability of the producer, the telecast channel and the artists involved in the show is debatable. Each would throw blame on the others in the event of it becoming an issue. Legally speaking, all the three are responsible under the relevant laws, he said.

Mr A. Santosh Kumar, who practices in the High Court, pointed out that merely adding a disclaimer does not absolve the producer of moral responsibility. He too believes that the channel telecasting the show should adhere to certain norms when criticising a profession /person /institution bordering on mockery and a minimum amount of respect is expected.

Mr S. Pradeep Kumar, criminal lawyer practising in the metropolitan criminal courts, said that though there was no preventive mechanism, production houses of such shows, telecasters and artists involved have to keep in mind the fact that any slanderous element would come under the ambit of criminal defamation under the Indian Penal Code, besides civil defamation for tarnishing the image or dignity or honour of individuals or groups.