The Kerala High Court granted the petitioner permission to pursue alternative remedies available under the Cable Television Networks (Regulation) Act, 1995 for addressing concerns regarding the broadcast of the Indian reality show, Big Boss Malayalam Season 6.

The Court was reviewing a writ petition submitted by Advocate Adarsh S, contending that the show contravenes broadcasting regulations and advisories set forth by the Union Government. This violation is purportedly due to the telecast of scenes depicting physical assault on national television.

The Division Bench, led by Chief Justice A J Desai and Justice V G Arun, allowed the petitioner to withdraw the petition and instructed them to submit a representation addressing their grievances directly to the Broadcaster. This directive was made under the provisions of the Cable Television Networks (Regulation) Act.

The Court orally observed, “you are an adult person, you are aware enough decide if you want to watch a particular series or not.”

During the proceedings, the Counsel representing the respondents informed the Court that the petitioner has recourse to alternative remedies outlined in the Cable Television Networks (Regulation) Act. The argument put forth emphasized that the petitioner's case lacks merit, as they have already lodged a grievance with the Broadcaster. Additionally, it was asserted that the appropriate course of action for the petitioner is to first file a representation with the Broadcaster, and only if no action is taken should they escalate the matter to the Ministry.

It was contended that the petitioner initiated the legal proceedings via a public interest litigation without first exhausting the alternative remedies available to them under the relevant statute.

Previously, the Court had instructed the Union Government, represented by the Secretary of the Ministry of Information and Broadcasting, to address any breaches of broadcasting regulations and advisories related to the airing of Big Boss Malayalam Season 6. Additionally, it was noted that the Union Government retains the authority to instruct the cessation of telecasts if violations of advisories are identified.

Observing that the petitioner could seek recourse through authorities under the Cable Television Networks (Regulation) Act, given the availability of alternative remedies, the Court granted permission for the petitioner to withdraw their petition.

Case title: Adv. Adarsh S v Union of India

Case number: WP(C) NO. 15148 OF 2024