S.No. 26 File No. 14/316/04-05-PCI
Shri Prakash Singh,
Noida,
Uttar Pradesh.
Versus
The Editor,
“The Times of India”,
New Delhi.
Complaint
This complaint dated 14.9.2004 has been filed by Padamashri Shri Prakash Singh, former DG, BSF, Uttar Pradesh against the Times of India, New Delhi for publication of allegedly obscene materials in its magazine supplement edition namely Delhi Times.
The complainant has furnished six original clippings of the impugned photographs. The details are as follow:
1. Provocative photographs of (a) Britney Spears in Toronto and (b) Enrique in Bangalore showing “male and female copulating”. Dt. 16.4.2004.
2. Photographs showing Pamela Anderson and Paris Hilton in nude in its issue dated 15.7.2004.
3. Sexually explicit Photographs of Britnery Spears in its Issue dated 18.6.2004.
4. Vulgar article on one night relationship captioned “Easy Come, Easy Go” in its issue dated 31.7.2004.
5. Obscene photographs of Peter Andre and Jordan in its issue dated 8.8.2004 and
6. Sickening photograph of adult toys in its issue dated 12.8.2004.
The complainant has stated that the above examples are illustrative but not exhaustive and alleged that the respondent newspaper has been publishing articles and printing photographs which amount to indecent representation of women and are likely to corrupt young people by exciting their passions. These obscene photographs are likely to encourage sexually delinquent behaviour and incline men towards crime against women. In a letter dated 22.9.2004, the complainant furnished to the Council a copy of his letter dated 16.7.2004, addressed to the National Commission for Women and stated that he also endorsed a copy of the same to the respondent, the Times of India, but there is no response. The complainant has also furnished another clipping of titillating material published by the respondent in its issue of September 21, 2004 where the heading: “Britney Dunnit?”.
Written Statement
Show cause notice was issued to the respondent editor on 3.12.2004.
The counsel for the respondent Times of India in his written statement dated 5.1.2005 denied having published allegedly obscene, indecent or vulgar article/pictures in the newspaper. It was also denied that these articles are bound to have an unhealthy and corrupting influence on young minds and are likely to encourage sexually delinquent behaviour and incline men towards crime against women. The respondent has requested the Council to judge the published material keeping in mind the present day literary trends and also the popular permissiveness. The pictures/articles have the tendency to shock or disgust but then revulsion is not corruption. Tendency to corrupt is a much stronger concept than a tendency to shock or disgust and implies the spread of moral perversion. Moral principles are the creations of the special decisions taken from time to time by human beings and they will differ, or may differ, according to the particular circumstances in which they are created. The human beings are always curious about the lives of other people. It is probably for this reason that pictures, articles/narratives of real lives, lived in a specific time and place and which provide an insight into the real world of another person, have always fascinated readers. The respondent has stated that these articles/pictures are life stones of new styles of life challenging traditional social norms and values. What they have stated has to be tested by the current standards of ordinary decent people, the newspaper being in English and likely to be read only by well-educated persons. Some of them may find some stray words or pages/pictures shocking or disgusting but not obscene. Even one should not forget that freedom of expression requires adequate “breathing space”. The contemporary society in India is fast changing. The adults and adolescents have available to them a large number of classics, novels, stories and pieces of literature and electronic media, Internet which have a large content of sex, love and romance. The respondent has relied on the observations made by Hon’ble Supreme Court in one of its judgement that if a reference to sex by itself is considered obscene, no books can be sold except those, which are purely religious. In the field of art and cinema also the adolescent is shown situations which even a quarter of a century ago would be considered derogatory to public morality, but having regard to changed conditions, are more taken for granted without in anyway tending to debase or debauch the mind. The respondent requested the Council to dismiss the complaint.
Appearance before the Inquiry Committee
The matter was called out for hearing before the Inquiry Committee at New Delhi on 28.4.2005. The complainant appeared in person while there was no appearance on behalf of the respondent, The Times of India.
Proceedings before the Inquiry Committee
The complainant in his oral arguments reiterated the averments made in the complaint. He added that the articles and photographs published by the Times of India were violative of the Indecent Representation of Women Act and were likely to corrupt the adolescent minds of the young and promote sex and crimes against the women. He stressed on the responsibility of the press towards the society and averred that the action of the press are gradually changing, the values and morals of the society and when a leading paper was Times of India indulges in such publications many others follow suit.
Recommendations of the Inquiry Committee
The Inquiry Committee considered the impugned publications and the oral arguments advanced before it by the complainant. The Committee noted that the respondent in its written statement had denied having published any obscene, indecent or vulgar articles/pictures. It was submitted that the moral principles are the creations of the special decisions taken from time to time by human beings and they will differ, or may differ, according to the particular circumstances in which they are created. That the human beings are always curious about the lives of other people and it is probably for this reason that pictures, articles/narratives of real lives, lived in a specific time and place and which provide an insight into the real world of another person, have always fascinated readers. The respondent has stated that these articles/pictures are life stones of new styles of life challenging traditional social norms and values.
The Committee was in total disagreement with the defence taken by a leading newspaper like The Times of India which is expected to set journalistic standards. The impugned publications by no means can be justified on the ground of modernization and change of life style and social norms and values. The Committee appreciated the concern expressed by the complainant over the gradual erosion of social values in the country and noted that even in countries like USA, growing concern is being expressed over obscenity in the media, so much so that a Broadcast Decency Enforcement Act, 2005 is being enforced to provide the Federal Communication Commission with enhanced authority to deal with obscenity, indecency and profanity on broadcast television by increasing the penalties for violation of the prohibition against the above. Therefore, to say that the Indian media is only keeping pace with worldwide standards, does not hold water. The Committee deprecated the respondent newspaper, the Times of India, for publishing the impugned articles and photographs and expected that the respondent shall take more care and restraint in publishing such articles/photographs in future. It recommends to the Council to advise the respondent accordingly.
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.