Sl.No.                                                                         F.No.14/164/03-04-PCI.

Shri Roshan Alag,
General Secretary, 
Anti-Intoxication Journalists 
Association, Chandani Chowk,
Delhi.

Vs.   

The Editor,
Hindustan Times,
New Delhi.

Complaint

            Shri Roshan Alag, General Secretary, Anti-Intoxication Journalists Association, Chandani Chowk, Delhi has filed this complaint dated 10.6.2003 against “Hindustan Times” for publication of obscene pictures in the issue dated 11.4.2003.

            Ministry of Information & Broadcasting, New Delhi vide its letter dated 7.7.2003 forwarded this complaint addressed to the Prime Minister of India and the Managing Director/Chief Editor, Hindustan Times, New Delhi.  The complainant objected to publication of an advertisement of a known brand of clothing picturising the upper torso of a nude lady between two nude men.  According to the complainant, the impugned advertisement was highly objectionable and much against the Indian culture.  The complainant stated that publication of such advertisement on Ram Navami was even more offensive.

            The complainant vide his letter dated 14.8.2003 filed the declaration and informed that no reply was received from the respondent-editor.

Written Statement

            Show-cause notice was issued to the respondent editor, Hindustan Times, New Delhi on 2.1.2004.  The Hindustan Times filed its written statement on 7.2.2005 submitting that the Hindustan Times has high regard to the Norms and Guidelines laid down by the Council and other bodies. In order to ensure compliance of the said Norms there was now in place an internal system of checks and balances that continuously monitors the content of the material published. Advertisements are being scrutinized by the advertising department and in the event the advertising department is in doubt, the assistance of the legal department is resorted to. It cannot be denied that what is considered appropriate today may have been considered to be vulgar a few years ago and the Indian society has undergone a change over the years. The rules of the game in the fashion world have also undergone a more considerable change and now there are 24 hours television channels dedicated to fashion and clothing. As a result of globalization and revolution in information technology, the world of fashion and clothing in India has undergone a very appreciable change especially with the coming in of foreign brands. Therefore,  the advertisement in question was nothing, but a symbol of current day fashion, which has the public approval and acceptance and cannot be termed to be obscene and vulgar merely because it affects the sentiments of a few. One would not fail to notice that all forms of media and entertainment today are bent towards a more liberal interpretation towards what is an ‘acceptable’ form of expression. In order to label a photograph as obscene, narrow individual perceptions should yield to ‘reasonable public perception’. Therefore, the photograph in question was in no way obscene or vulgar and a reasonable man who was today exposed to liberal expression of fashion would not view it as indecent or base. Infact, similar such photographs/advertisements could be noticed on the windowpanes of the shops and huge bill boards all over the metropolitan cities of India.

            It was further submitted that the photograph in question could not be seen in isolation and branded as obscene. The interests of the contemporary society must not be overlooked. The Hindustan Times must cater to the needs of varied kinds of readers. There was an increasing movement towards making the paper globally relevant and if they chose not to broaden the horizons, it would be difficult to have an international outlook.

            It was further submitted that notwithstanding the above, without in any way trying to defend the publication of the advertisement, the respondent apologized for having published an advertisement, which do not prima-facie meet with the concurrence of this Council. It was never the intention of the answering respondent to publish undesirable advertisements and try to defend the same. It was always the endeavour to publish such advertisements, which meet all the Norms and Guidelines of this Council.

            The complainant in his counter dated 20.3.2005 reiterated that such advertisements tended to corrupt the morals and values of the society and severe action should be taken against the paper.   

Appearance before the Inquiry Committee

            The matter came up for hearing before the Inquiry Committee at New Delhi on 29.3.2005. The complainant was present in person. Shri Gaurav Norawal, advocate appeared for the respondent, Hindustan Times.

            The complainant strongly averred that the Hindustan Times has published a very denigrating and objectionable advertisement. As the Hindustan Times has expressed regrets in its written statement it should publish apology on the front page.  The representative of the Hindustan Times reiterated what had been stated in the written statement. He added that the Hindustan Times had erred in publishing the said advertisement but as it was received from a big reputed company it did not received much scrutiny. The advertisement was surely not carried to boost the circulation. He assured the Committee that with the internal mechanism for scrutiny of advertisements in place, they would be careful in future.              

Recommendations of the Inquiry Committee

            The Committee considered the record and heard both the sides. It noted that learned counsel for the respondent had submitted that there was no intention of the newspaper to publish objectionable advertisement but as the impugned advertisement came from a well-reputed company, the same was published without sufficient scrutiny. Now the Hindustan Times has become more careful and has introduced mechanism to monitor the material published and that the advertisements were being scrutinized by a separate department. The learned counsel of the Hindustan Times has also expressed regrets for having published the said advertisement.  The Committee appreciated that the Hindustan Times had admitted that with greater scrutiny the advertisement may not have been accepted. It felt that advertisements play extremely vital role in shaping the values and concerns of the present day society and as more and more lenient view is taken of what is not the norm, the speedier may be acceptability of such matters in ‘public perception’  but at what cost is the essential point for consideration. It should be borne in mind that in the race to be globally relevant we do not leave behind the values that have earned India the unique place it enjoys globally on moral and ethical plane.

            The Committee further observed that the Advertising Standards Council of India, which is a voluntary body comprising of peers of the media as well as the advertising world, should advise the advertisers, particularly the advertisers of foreign products to prepare their advertisement as are in tune with the culture and ethics of the country as a whole and not necessarily the milieu of the modern advanced cities.

            With the above observations the Committee recommended to the Council to close the matter.

Decision of the Council

            The Press Council, on consideration of the records of the case and report of the Inquiry Committee accepts the reasons, findings and the recommendation of the Committee and decides accordingly.