[BREAKING] Karnataka High Court seeks State response in plea to frame rules against publishing obscene content on electronic/print media

The Karnataka High Court has sought the response of the State government in a plea to issue directions to frame statutory rules to prevent publication of indecent and obscene content as part of the news/any other programme in the electronic and print media..The plea filed by H Naghabhushan Rao also prayed that publication of such content should be made a cognizable offence, which will have a reasonably deterrent punishment..A Bench of Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi issued notice to the State government, Ministry of Information & Broadcasting and State Police..In its order, the Court also directed the petitioners to implead the State government in the matter as respondents..The Court further directed the State to place on record whether it has issued any directions to State Police to refrain from leaking information collected during the course of an investigation regarding any case to the press, public or media..It was the petitioner’s contention that various media houses are publishing obscene video/ partially blurred nude photographs and videos of several incidents as part of news programmes..“It is described as sex scandal of several political leaders, religious leaders and other celebrities. Though the programme is shown as news it is shown as if it is an A-rated movie with sound effects graphics and repetitive dialogue delivery in thematic sound effects. While telecasting the news the sex video tapes are exhibited in different form, sometimes as blurred photographs and sometimes with or without editing or without censoring,” the plea said..Further, it was submitted that while telecasting news, TV anchors are repeating the vulgar language used in the video clips to make it loud and clear so that the public can understand the language that is used by two compromising individuals..The Cable TV (Regulation) Act-1995 has no such provision or scheme to prevent such mischievous publication. Though Section-5 of the act provides that no person shall transmit or re-transmit through a cable service or any programme unless such programme is in conformity with the prescribed programme code, there is no definition for programme code, the petitioner submitted. .In view of the same, the petitioner said that it is essential that the contents of such news and clippings in the visual media are regulated..The petitioner further raised concern over the fact that in several cases the media is continuously reporting matters which are sub-judice before courts..“Every small detail which is discussed in the courtroom is flashed as breaking news. As long as it is telecasting the fact it can be treated as news but when the anchor starts to give their opinion as to how the investigation has to be, who has to be the accused, what is the evidence available with the Investigation officer, even before the chargesheet is filed will definitely influence the administration of justice and justice dispensation system,” the petitioner further said. .Therefore, apart from framing guidelines, the petitioner also sought directions to prevent the electronic media from analysing the sub-judice matters before the court and direct State Police not to leak information collected during the course of investigation regarding any case to the press, public or media..The matter will be next heard on June 7..The petitioner was represented by Senior Adv Nagendra Naik..Recently, former Minister Ramesh Jarkiholi had to tender his resignation after being accused of demanding sexual favours from the unidentified woman in exchange for giving her a job..A CD containing footage of the alleged incident was leaked to the media. This prompted the Minister to file a complaint against unknown persons, accusing them of framing him..The father of the woman who alleged that Jarkiholi sexually harassed her had moved the Karnataka High Court questioning the police's recording of his daughter's statement.