Dismissed

R.Muthukrishnan v. Union of India Represented

Madras HC12 Mar 2013WP/4854/2013

Case brief

AI extract

What is this about?

A writ petition challenging the legality of All India Radio broadcasting paid commercials was dismissed. The Court held that Section 12(7) of the Prasar Bharati Act expressly empowers the Corporation to levy fees for advertisements, rendering the petitioner's claim that such broadcasts are illegal and unconstitutional untenable.

What did the court decide?

Writ petition filed under Article 226 praying for a declaration that All India Radio's paid commercials are illegal and unconstitutional was dismissed in limine.

R.Muthukrishnan Vs Union of India Represented — Pension and Retirement Benefits | Madras HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12-3-2013

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CORAM:

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The Honourable Mr.R.K.AGRAWAL, Acting Chief Justice and The Honourable Mr.Justice N. PAUL VASANTHAKUMAR

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Writ Petition No.4854 of 2013 M.P.No.1 of 2013

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R. Muthukrishnan ... Petitioner
Vs.
Union of India, rep.by
1. The Secretary,
Ministry of Information & Broadcasting,
Government of India,
Shastri Bhawan,
Dr.Rajendra Prasad Marg,
New Delhi – 110 001.
2. The Director General,
All India Radio, Prasar Bharati,
(Broadcasting Corporation of India),
Akashwani Bhawan,
Parliament Street,
New Delhi – 110 001.
3. The Additional Director General,
All India Radio, Prasar Bharati,
(Broadcasting Corporation of India),
Kamarajar Salai,
Mylapore,
Chennai – 600 004. ... Respondents

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This writ petition is filed under Article 226 of the Constitution of India with a prayer to issue a writ of declaration that broadcasting of paid commercials by the respondents in All India Radio is illegal and unconstitutional, (1) for its being repugnant to the law with respect to broadcasting, (2) for it infringes the fundamental right to freedom of speech and expression guaranteed to the citizens of India under Article 19(1)(a) of the Constitution of India, and (3) for its being in violation of the principle of equality enshrined in Article 14 of the Constitution of India and guaranteed to the people of India.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.R.Muthukrishnan, Party-in-Person For Respondents : Mr.Haja Mohideen Gisthi, Central Govt. Standing Counsel

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O R D E R

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N. Paul Vasanthakumar, J.

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This writ petition is filed as pro bone publico praying for a declaration that broadcasting of paid commercials by the respondents in All India Radio is illegal, unconstitutional, repugnant to the law with respect to broadcasting, infringes the fundamental right to freedom of speech and expression guaranteed to the citizens of India under Article 19(1)(a) of the Constitution of India, and in violation of the principle of equality enshrined in Article 14 of the Constitution of India.

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In the affidavit filed in support of the writ petition the petitioner has expressed his grievance about broadcasting of paid commercials in the form of messages and advertisements by the respondents during and in the course of, or in between the radio programmes of All India Radio, which was established in the year 1936 for providing news and information to the masses of India. All India Radio is coming under the Ministry of Information and Broadcasting, which according to the petitioner is controlling 326 radio stations using 24 languages. It is averred in the affidavit filed in support of the writ petition that instead of conducting broadcasting towards the proclaimed objectives, All India Radio is broadcasting paid commercials by way of sponsored messages and advertisements of the Ministries/Departments of Government of India, Public Sector Undertakings and commercial companies, without any regard for the language of the radio programme and language of the paid commercials, which is repugnant to the law with respect to broadcasting, infringing the fundamental rights to freedom of speech and expression guaranteed under Article 19(1)(a) and violative of Article 14 of the Constitution of India. According to the petitioner, the paid commercials are being broadcasted only in the interest of and for the benefit of its sponsors and it is not for the common good of the people.

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The petitioner, who is an Advocate, appeared as party-in person and reiterated the contentions raised in the affidavit during the course of his arguments and prayed for issuing a writ as prayed for.

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https://hcservices.ecourts.gov.in/hcservices/

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We have considered the points urged by the petitioner and gone through the averments made in the affidavit filed in support of the writ petition.

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Broadcasting of any kind including paid commercials/news items, etc., are covered under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (hereinafter called 'the Act'). The Prasar Bharati Corporation of India is a single unit with two distinct wings viz., Radio and Television for ensuring commonality in overall approach in terms of entertainment, information and education. The Broadcasting Corporation was formed with specific objectives with emphasis of upholding unity and integrity of the country nurturing the democratic and social values and projecting the varied cultural traditions of different regions of the country. In the said Act, broadcasting is defined under section 2(c), which reads as follows:

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" 2(c) "broadcasting" means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly."

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The Corporation is a body corporate, having its headquarters at New Delhi, administered by the Prasar Bharati Board. Section 12 of the Act deals with functions and powers of the Corporation. Its primary duty is to organise and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television, which are in addition to the provisions of the Indian Telegraphic Act, 1885. The objectives with which the Corporation shall discharge its functions are stated in Section 12(2), which reads thus,

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"12(2) The Corporation shall, in the discharge of its functions, be guided by the following objectives, namely:—

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(a) upholding the unity and integrity of the country and the values enshrined in the Constitution;

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(b) safeguarding the citizen's right to be informed freely, truthfully and objectively on all matters of public interest, national or

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https://hcservices.ecourts.gov.in/hcservices/

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international, and presenting a fair and balanced flow of information including contrasting views without advocating any opinion or ideology of its own;

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(c) paying special attention to the fields of education and spread of literacy, agriculture, rural development, environment, health and family welfare and science and technology;

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(d) providing adequate coverage to the diverse cultures and languages of the various regions of the country by broadcasting appropriate programmes;

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(e) providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship;

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(f) providing appropriate programmes keeping in view the special needs of the youth;

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(g) informing and stimulating the national consciousness in regard to the status and problems of women and paying special attention to the upliftment of women;

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(h) promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing the welfare of the weaker sections of the society;

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(i) safeguarding the rights of the working classes and advancing their welfare;

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(j) serving the rural and weaker sections of the people and those residing in border regions, backward or remote areas;

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(k) providing suitable programmes keeping in view the special needs of the minorities and tribal communities;

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(l) taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable sections of the people;

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https://hcservices.ecourts.gov.in/hcservices/

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(m) promoting national integration by broadcasting in a manner that facilitates communication in the languages in India; and facilitating the distribution of regional broadcasting services in every State in the languages of that State;

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(n) providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception;

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(o) promoting research and development activities in order to ensure that radio and television broadcast technology are constantly updated; and

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(p) expanding broadcasting facilities by establishing additional channels of transmission at various levels."

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Section 12(7) authorises the Corporation to determine and levy fees and other service charges for and in respect of advertisement etc., which reads as follows:

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"12(7) The Corporation shall have power to determine and levy fees and other service charges for or in respect of the advertisements and such programmes as may be specified by regulations:

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Provided that the fees and other service charges levied and collected under this subsection shall not exceed such limits as may be determined by the Central Government, from time to time."

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The above extracted statutory provisions make it abundantly clear that the Prasar Bharati Corporation, particularly its Board is empowered to determine and levy fees and other service charges for or in respect of the advertisements. Hence the contention of the petitioner that broadcasting of paid commercials is repugnant to the Prasar Bharati (Broadcasting Corporation of India) Act, 1990, has no basis and in fact section 12(7) authorises broadcasting of paid commercials.

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The contention of the petitioner regarding the programmes/paid commercials in Hindi broadcasted during News reading in English has no basis as the English News are being read from the

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https://hcservices.ecourts.gov.in/hcservices/

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Broadcasting Station at New Delhi and not from the Regional Broadcasting stations, where State News items are being read/broadcasted. English News and Hindi News are being broadcasted from New Delhi Radio Relay Station. Thus, the petitioner cannot contend that in the course of News programme in English there cannot be any paid commercials in Hindi. Further, even according to the petitioner, paid commercials in Hindi are on the following topics:

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Contributory retirement benefits.

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Mahathma Gandhi National Rural Employment Guarantee Scheme (MGNREGS)

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Kissan Call Centre

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Review of Day's Newspaper

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Direct to Home DTH Seva

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Old age pension

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HIV/AIDS

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Grama Seva

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Railway Safety

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Insurance Yojana

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Polio Immunization, etc.

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These programmes are being broadcasted with a view to promote public interest in the field of education, spread of literacy, agriculture, rural development, environment, health and family welfare, etc., which is permissible under Section 12(2)(a) to (p), extracted above. Thus, the petitioner is not justified in contending that the paid commercials in Hindi being broadcasted by the All India Radio is unauthorised and repugnant to the Act.

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Petitioner's right guaranteed under Article 19(1)(a) of the Constitution of India and the equality guaranteed under Article 14 of the Constitution of India are not at all affected as the said paid commercials in Tamil version are being broadcasted even during News reading in Tamil language.

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In the light of the above findings, we are unable to see any ground to entertain the writ petition filed by the petitioner. Consequently the writ petition stands dismissed in limine. Connected M.P.No.1 of 2013 is also dismissed.

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Sd/Assistant Registrar

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Sub Assistant Registrar

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The Secretary, Ministry of Information & Broadcasting, Government of India, Shastri Bhawan, Dr.Rajendra Prasad Marg, New Delhi – 110 001.

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The Director General, All India Radio, Prasar Bharati, (Broadcasting Corporation of India), Akashwani Bhawan, Parliament Street, New Delhi – 110 001.

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The Additional Director General, All India Radio,
Prasar Bharati,(Broadcasting Corporation of India),
Kamarajar Salai, Mylapore, Chennai – 600 004.
+1CC to Mr.S.Haja Mohideen Gisthi, Advocate SR.14741
+1CC to Mr.R.Muthukrishnan, Party in person SR.14887
Order in
W.P.No.4854 of 2013
SP(CO)
KSA(27/03/2013)

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R.Muthukrishnan v. Union of India Represented

Case brief

What is this about?

What did the court decide?

R.Muthukrishnan v. Union of India Represented

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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