Madras High Court issues interim order against condom ads, sexual advertisements

The Madurai Bench of the Madras High Court recently issued an interim order against the telecast of sexual advertisements, citing the interests of justice and to safeguard children and women (KS Sagadevaraja v. The Secretary and ors)..In the order passed on November 11, the Bench of Justices N Kirubakaran and B Pugalendhi expresses its disapproval over such advertisements being widely telecast on television, remarking that such content is also pornographic in nature. .The order reads:."It is shocking to note that in the television, about 10.00 p.m., almost all the television channels are telecasting some advertisements, which exhibit obscenity to promote the sale of condoms, which in fact, are being viewed irrespective of the age and absolutely available in all television channels. Anybody who sees these programmes will be shocked by the pornographic content. Some advertisements though look like promotion “Aphrodisiac” popularly known as ''Love Drugs'', it looks like a porno film. Nudity is exhibited in those advertisements, which is punishable under Section 16 of the Cable Television Network (Regulation) Act, 1995. Similarly as per Rule 7(1) of the Cable Television Network Rules, 1994, the programmes telecast should not offend “morality”, “decency” and “religious susceptibilities” of the subscribers. As per Rule 7(2)(vi), the Cable Operators shall ensure that the portrayal of the female form, in the programmes carried in cable service is tasteful and aesthetic and is within the well established norms of good taste and decency. However, in the programmes/advertisements, which are telecasted in the television in the name of selling condoms and aphrodisiacs, inner wears, they are violating the Rules provided under Rule 7(1) of the Cable Television Network Rules, 1994.".The Court adds that there are numerous television channels that telecast such programmes round the clock and that the same are likely to affect the minds of young audiences. .As such, the court has allowed the interim prayer made by PIL petitioner, KS Sagadevaraja who had moved the Court to curb the telecast of sexually explicit ads.."Nudity is available in the name of Doctor's advice as well as advertisements and it is freely available and is being viewed by all including the children. It will definitely affect the minds of youngsters and children.Interest of justice requires to issue a direction as prayed for and also to safeguard the children and women. In such view of the matter, there shall be an order of interim direction as prayed for", reads the order. .The Bench also noted that as per an RTI reply, while violations of the Programme Code and Advertisement Code under the Cable Television Networks Act and Rules are monitored, these codes do not provide for the pre-censorship of advertisements. .The court has now asked the government to respond on the aspect of censorship of programmes under Section 5(A) of the Cinematograph Act 1952..The matter has been adjourned to December 1 for further consideration. Assistant Solicitor General Victoria Gowri has accepted notice on behalf of the Central government. .Read the Order: