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Under certain clauses in the Cable TV Network (Regulation) Act,
1995, which also form art of the programming and advertising code,
political advertising is banned on TV channels. This part of the
legislation, according to information available, has been contested
before, especially during elections.
Gemini TV and P Kiran, amongst others, who had moved the Andhra
high court seeking a relief against discrimination vis-a-vis print
medium on various ground, have been named as respondents, along
with the Election Commission and its various state level officials
in Andhra Pradesh.
The government in its petition has also pointed out that in the
UK, there is a similar provision in the Broadcasting Act and the
ITC Advertising Standards that do not allow airing of ads whose
objects are wholly or mainly political in nature.
Though the apex court hasn¡¦t fixed a time for hearing
of the SLP filed by the government, it is expected that the case
may come up for hearing tomorrow. Interestingly, while seeking an
interim relief, the SLP has sought an "ex parte ad interim
order" from the SC.
On 23 March, the Andhra HC, based on a petition filed by Gemini
Television Network, ETV and Maa TV, which challenged rule 7 (3)
of the Act invoked by the I&B ministry and Election Commission
to ban telecast of political advertisements, quashed the ban.
The court had also observed that the ban order amounted to discrimination
between the two media (print and electronic) and was also violative
of the right to freedom of trade and business.
The SLP has listed the following points, while seeking relief from
SC and terming the high court order "erroneous":
**The objective behind the prohibition on ads of political nature
on cable networks is to prevent well-funded and resourceful individuals
or organisations from using money power and the power of TV advertising
to distort the balance of political debate and the electoral process.
**The provision (7[3] in the Cable TV Network [regulation] Act)
has a rationale in that it seeks to create a level electoral field
between various participants in the electoral process.
**The classification made in Rule 7(3) between the electronic and
print media for the purpose of placing a restriction on political
ads is valid and is based upon a rationale differentia having nexus
with the object sought to be achieved.
**It is well settled that to satisfy the test of reasonableness,
a restriction need not be all embracing.
**The order passed by the high court has serious ramifications
for the on-going electoral process in the country and can result
in distortion of the electoral process and confer unfair advantage
on persons and parties endowed with resources. In the circumstances,
it will be expedient in the interest of justice to stay the operation
of the impugned judgment lest it prejudicially affects the on-going
elections.
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