R. Muthukrishnan vs Union of India

N. Paul Vasanthakumar, J.—This writ petition is filed as pro bone public 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. 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.

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.

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.

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 u/s 2(c), which reads as follows:

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.

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,

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

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

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

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

(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;

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

programmes;

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

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

(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;

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

of the society;

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

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

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

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

(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;

(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;

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

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

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:

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:

Provided that the fees and other service charges levied and collected under this sub-section shall not exceed such limits as may be determined by

the Central Government, from time to time.

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.

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 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:

Contributory retirement benefits.

Mahathma Gandhi National Rural Employment Guarantee Scheme (MGNREGS)

Kissan Call Centre

Review of Day''s Newspaper

Direct to Home DTH Seva

Old age pension

HIV/AIDS

Grama Seva

Railway Safety

Insurance Yojana

Polio Immunization, etc.

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 u/s 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.

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. 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.