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On Tuesday, Delhi High Court urged the Press council of India to expeditiously decide on the plea for banning of using Photos, Names of high Constitutional Functionaries in private advertisements by disposing off a petition praying for the writ of mandamus.
The above petition was filed with regard to his grievance before the high court which was directed against the usage by Reliance Industries Ltd. (RIL) of the name and the photograph of the Prime Minister of India in an advertisement dated 21 July 2017, published in respect of its product “JIO”.
In supplementary to this, the petitioner had earlier approached the PCI against the newspaper “Hindustan” for the acts of publishing, telecasting and misuse of the photographs and names of person holding constitutional positions respectively in private and classified advertisement. The objective behind filing such petition by the petitioner is because it conveys a misleading impression to the public about the product/products which are being advertised that the products is endorsed or supported by said functionaries.
In the above hearing, the high court has noted that PCI did issue a show cause notice under the Press Council (Enquiry Procedure) Rules 1979, to the editor of the said newspaper as to why action was not initiated under the Section 14 of the Press Council of India Act, 1978. However, there has been no action which has taken place and thereon illegal and unauthorized usage of names and photographs of top constitutional dignitaries are been used in private advertisements to promote their products or activities.
The Ministry of Information and Broadcasting in its counter affidavit has highlighted that the Union Government does not prefer to interfere with the working of media. Also, the MIB made reference to Section 3 of the Emblems and Names (Prevention of Misuse) Act of 1950 and the Advisory dated February 23, 2017 issued there under by the Registrar of Newspapers for India.
The High Court, in its judgement has clearly noted that the functions vested statutorily on the executive, without allowing the executive a reasonable opportunity to discharge the same will result in “judicial overreach”. According to the court, it will be perilously counterproductive in the long run as it is only there to instil concern within the authorities. Furthermore, the cause espoused by the Petitioner merits consideration, in the view of the court will only admit to such urgency as would justify cognizance when the Press Council Of India has already looking into the issue.
In respect of the claims against RIL, the petitioner has directly approached the court without impleading RIL the same which is highly impermissible. The court has abjured from all the returns over all the finding with respect to RIL or the advertisement issued by it.
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