A division bench has asked cable operators to blank out any movie on any channel that is certified as ‘A’ by the Censor Board.
MUMBAI: Your cable guy will now play nanny. The Bombay high court on Wednesday restrained cable operators and service providers from showing any film with an ‘A’ (adults only) certificate on television.
A division bench comprising Justice RM Lodha and Justice DG Karnik passed the interim order on a public interest petition by social activist Pratibha Naithani.
The order relies on a provision in the Cable Television Network (Regulation) Act, which prohibits operators from showing any material “unsuitable for unrestricted public viewing”.
As per the order, which takes immediate effect, cable operators will have to block any film on any channel certified as ‘A’ or for a particular class or profession by the Central Board of Film Certification. In effect, only films with a ‘U’ (unrestricted viewing) certificate can be beamed into people’s homes.
In November 2004 the court had restrained satellite television channels from beaming movies or programmes without obtaining appropriate certification from the censor board.
Naithani’s lawyer MM Vashi told the court that despite the directive channels continue to beam adult films. Iqbal Chagla, who appeared for a satellite channel, said channels have complied with the order and now get the necessary censor certificate and show it before screening the film.
But Vashi pointed out that this “skewed” interpretation of the order defeats its purpose. “How can a film that has been certified as an adult film be shown on TV, which is watched by the entire family, including children?” he said.
Chagla argued that policing what people can view in the confines of their homes amounts to a violation of their fundamental rights. “There cannot be any blanket restriction. Will we now only see programmes suitable for children?” he said.
Seven satellite television companies - Sony, STAR, Zee, MTV, Sun, Surya, and Vijaya - are party to the petition. STAR TV counsel V Tulzapurkar said the Cable TV Act only applies to the operators and not private satellite channels.
The court also pulled up the police for failing to act on complaints registered by Naithani. It was told that the Centre has set up a 30-member committee to frame fresh rules for television content, and to revise and harmonise the censorship guidelines and the Cable TV Act, advertising codes, and programming rules.
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