Professional Documents
Culture Documents
STATEMENT OF FACTS
My honor , I would like to continue the proceedings with the summary of facts in
this case.( If asked)
The Union of Nagarbahi, a democratic country located in the South region. The
people in the society are god fearing, orthdox and still conservative. Being a
developing nation in the era of globalization and liberlization; the state decides
to liberalize telivision broadcasting laws a bit and allow private broadcasters to
go on air. With respect to laws of state presently and for the future thereon.
Following the scenario, a company named I.T.V. ( Iris Telivision) was approved by
the governmentt for going on air.
Subsequently, the channel was targeting the youth audience with shows like
"Adventure Riding" in which people would travel across the length and breadth with
limited resources and food supplies.
The channel introduced another programme named Emotional Torture with a concept in
which people could request for a Loyalty test on their respective partners. The
channel would monitor them with under-cover agents and then broadcasting the
recorded material to the public.
A woman named Pragya approached the channel on 12th of June, 17 for the loyalty
teston her husband: Mr.Prem. Under which they mutually agreed.
The channel introduced Riya as the under-cover agent and set her up as an employee
in Stark Insurance Company where Prem worked. As pre-decided, Riya became friendly
with Prem.
They eventually became friends. After few formal meetings, Riya invited Prem over
dinner, thus strengthening the friendship. Following these events , Prem expressed
his feelings for Riya and talked with her about his marital status and his two
childrens after which he tried to become intimate her on occassions like parties,
dinners, long drives to secluded places and even at her place.
After all this, the video footages were shown to Pragya. On the basis of these
footages; Pragya filed for a divorce petition. Then these footages were further
aired on 15th November, 17.
These all footages were seen by Prem's family, friends and relatives; After which
everyone started avoiding him and humiliating him.
Following which he also lost his job and got terminated on the basis of Immoral
Conduct.
Arguements
Issue 3: Whether there is violation of fundamental rights?
It is humbly contended before this Hon'ble Court that there was infringemnt of
Fundamental Right and Mr. Prem being intentionally defamed by the channel just for
the mere purpose of entertainment; thus violating the Rights given under Art. 21
( f ) of the Indian Constitution, 1950.
As per Black�s Law Dictionary, privacy means �right to be let alone; the right of a
person to be free from unwarranted publicity; and the right to live without
unwarranted interference by the public in matters with which the public is not
necessarily concerned�
It is a �right to be let alone�. A citizen has a right to safeguard the privacy of
his own, his family, marriage, procreation, motherhood, childbearing and education
among other matters. None can publish anything concerning the above matters without
his consent � whether truthful or otherwise and whether laudatory or critical. If
he does so, he would be violating the right to privacy of the person concerned and
would be liable in an action for damages. Position may, however, be different, if a
person voluntarily thrusts himself into controversy or voluntarily invites or
raises a controversy.
Further, Section 499 in The Indian Penal Code
Defamation.�Whoever, by words either spoken or intended to be read, or by signs or
by visible representations, makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation will
harm, the reputation of such person, is said, except in the cases hereinafter
expected, to defame that person.
Section 500 in The Indian Penal Code
Punishment for defamation.�Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.
INFORMATION TECHNOLOLGY ACT, 2000
According to the rules under Sec.43A mentioned in The
Information Technology Act, 2000. It is stated:
1. They must obtain consent in letter, fax or email from the provider of
information before
Collecting, using or disclosing any personal information. According to rule 5(2) of
the
Information Technology Act, 2000:
1. Any personal information may only be collected for law and necessary purposes.
While collecting the information it must be insured that the individual is informed
that the information is being collected.
2. The purpose for which it the information is being collected.
3. The intended recipients of the information should be notified to the Belonger.
ISSUE 4: INJUNCTION ORDERS SHOULD PASSED OR NOT WHEN THE SUIT IS FIILED AGAINST
SEASON-2
It is humbly contended before this Hon'ble High Court that the injucntion orders
should be fast-tracked and the channel should be stalled to release season-2 of
E.T.
It is clear that Nagarbhavi being a cluture driven society; It is a necessity for
maintaining the cultural and educational values for a country with not so broad
mind. It would need some time to evolve.
In this case, even Cardinal principles have been overlooked
Article 51A(f) in The Constitution Of India 1949
(f) to value and preserve the rich heritage of our composite culture;
Cardinal Principles have ideally been practiced by all broadcasting and television
organizations. The main aim of these principles is as follows:
1. To ensure the objective presentation of news with fair and unbiased comments.
2. To promote the advancement of education of education and culture.
3. To raise and maintain high standards of decency and decorum in all programmes.12
4. To treat controversial public issues in an impartial manner.
5. To respect human rights and dignity.
CONCLUSION
Hence, as per the arguments the telecast of such a content,
which would need viewer�s discretion as it, is not decent enough for many people.
As in
a country where people are not so broad-minded and still are conservative in nature
such
kind of shows will not help them widen their perspective but will instead lead to
chaos
and make people unreliable even if they are as human nature believes what is shown
to
him even if its false.
PRAYER:
Wherefore in the light of facts raised, arguments advanced and authorities cited,
it is most
humbly and respectfully prayed by the appellants, before this Hon�ble High Court of
Uttam
Pradesh that it may be pleased to:
1. DECLARE that the show �Emotional Torture� is violating of the Art.21 of the
Constitution of India, 1950.
2. DECLARE that the show �Emotional Torture� was defamatory in nature of personal
and professional life of individuals.
3. HOLD the releasing of season 2 of the show �Emotional Torture�.
4. DECLARE that the show is violative of Art.12 of the Universal Declaration of
Human
Rights [UDHR], 1948 and Art.17 of the International Covenant on Civil and
Political
Rights, 1976.
AND/OR
Pass any other order it may deem fit, in the interest of Justice, Equity and Good
Conscience.