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Indian government asked to regulate porn

August 5, 2004

The Delhi High Court Wednesday directed the government to treat a public suit as a representation to it to regulate pornographic material on TV through direct-to-home (DTH) service.

A division bench comprising judges B.C. Patel and B.D. Ahmad issued the direction on a suit by chairman of the Centre for Media Studies, N. Bhaskara Rao, seeking the setting up of a regulatory body to monitor the telecast of obscene material.

The petitioner asked the court to direct the central government to ask the information and broadcasting ministry to set up an expert committee to thoroughly examine and review the existing DTH guideline.

Aspects of national security and transmission/facilitating access of pornographic channel to the DTH subscriber should be examined, and a suitable modification and safeguard should be formulated in the existing DTH guideline, the petitioner said.

He also asked the court to seek reports from the central government on whether inquiry or action has been initiated against ASC Enterprise Ltd, a company providing DTH telecast facility in the capital, for violation of programming code by facilitating access a to pornographic channel and contents.

Disposing of the petition, the bench directed Additional Solicitor General T.P. Malhotra to treat the public suit as a representation and take a decision on it within four weeks.

Former additional solicitor general Mukul Rohtagi pleaded for issuing notices to the government and other respondents, but the court preferred to give the government an opportunity to consider the representation.

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