Madras HC issues interim order against condom ads seeming to be porn

Nov 25, 2020 #Condom Ads #HIGH COURT
MADRAS HIGH COURT LAW INSIDER LI

Nisha Ghosal

The Madurai Bench of the Madras High Court comprising Justices N Kirubakaran and B Pugalendhi issued an interim order in a petition seeking a ban on condom ads that are pornographic.

The petitioner KS Sagadevaraja filed a petition in Madras HC against the telecast of sexual advertisements.

The petition sought a ban on the condom ads to safeguard women and children from these advertisements that seemed lascivious.

The Court stated:

“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.”

It further said:

“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.”

The Court had also stated:

“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 (a) promotion “Aphrodisiac” popularly known as ”Love Drugs”, it looks like a porno film.”

The further hearing of this case would be on 1st December.

The government was asked by the court to look after the aspects of the censorship of programmes under Section 5(A) of the Cinematograph Act 1952.

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