BCCC advisory

Government cannot prohibit astrology shows on television, says advocate KV Dhananjay

Chief minister Siddaramaiah's recent comment that astrology-based television shows should be banned may remain a wish as it is not in his or the state government's powers to regulate this. Legal experts point out that 'communication' that includes licensing and regulating content on television channels is the exclusive domain of the union government.About this, advocate KV Dhananjay says, “Satellite Kannada news TV channels, just like satellite TV news channels in any other language that wish to produce and transmit news programmes anywhere on Indian soil, are licensed by Government of India to do so. A satellite Kannada news TV channel is not even earmarked to transmit only within the Karnataka border – it is authorised to beam its programmes in any part of India. Expectedly, no state government has authority of any kind to regulate content of any television show in any part of this country. Period.”But that is not the final word. Professor S Japhet of the NLSIU says, “The CM is well within jurisdiction to put restrictions on such programmes. He may not require a new law. There are enough provisions under the IPC that can be used to stop harm to public order and morality. It is the Constitution that mandates scientific temper and enquiry. If the CM does make a law, GoI or statutory bodies that manage television content may not pounce on him. Finally, it will be left to the courts to interpret such a law. The BCCC advisory itself is good and indicates that the CM is well within the purview of such a move.”The self-regulatory body of television channels, BCCC, has, on December 10, issued an advisory to television channels on “depiction of occult, superstition, black magic, exorcism and witchcraft in TV programmes.” However, it remains silent on astrology-based shows.The advisory is signed by BCCC chairperson Justice Mukul Mudgal.* Restrict viewing hours on content predominantly based on themes of occult, superstition, black magic, exorcism and witchcraft * BCCC does not support programmes based on superstition * Channels to exercise maximum discretion in showing such content * Channels to run a scroll, disapproving of any such practice and describing it as a work of fiction, during such programmes * Any such unreasonable and unjustifiable representation could have serious repercussions * Advisory to be read in consonance with relevant legislations enacted by some statesOur chief minister has chosen to make a new law to curb astrology shows on television. Of course, Kannada TV news channels make plenty of money from these shows and they are terribly worried. To begin with, the law on what should or should not be shown on television is not for any state government to make. Do you remember the last time you visited a cinema theatre to watch a movie? You would have noticed a government certificate flash on the screen at the beginning of the show. Irrespective of which language film it was and which part of India that movie theatre was situated in, that certificate will appear in the same format. It is issued by the central government and allows a movie theatre to screen that film for public exhibition. Under the Constitution of this country, only the Centre has the power to regulate the content of a film or television. State governments have absolutely no such power. Then, let us come to the more logical question then: Is the central government authorised to prohibit astrology shows on television? No. The central government or Parliament is not a body with a power to do whatever it pleases. What then about Supreme Court or high courts, can they prohibit such shows? No. There is no authority in the country empowered to prohibit the practice of astrology and therefore, no authority that is legally competent to prohibit a public discussion of astrology. How about programmes on superstition? On that, the answer is ‘yes’. By the central government, and by it alone. In fact, it has already issued a direction that no television channel shall promote superstition in any manner. Do you want to say then that astrology is also ‘superstition’? Say it, it won’t make any difference to anything. Like any religion or religious belief, astrology too is recognised as a set of beliefs.