Madhya Pradesh HC In PIL Against Display Of Long Advertisements In Movie Theatres

In a PIL claiming inconvenience caused to movie-goers due to display of long advertisements before the start of movies, the Gwalior bench of the Madhya Pradesh High Court observed that while it is for the Centre to take a call on the issue however “one can not forget that Time is a valuable Resource”.

While it did not enter into the issue, the court disposed of the plea observing that it expects the authorities to engage in meaningful discussion with all stakeholders and that divergent views are reconciled.

A division bench of Justice Anand Pathak and Justice Hridesh in its order said, “Before parting, this Court expects the authorities to engage in meaningful discussion with all stakeholders because one can not forget that ‘Time is a valuable Resource’ and how the divergent views can be reconciled, is to be seen by the respondents. With aforesaid observation, petition stands disposed of“.

The court after considering the submissions and the petitioner’s submissions–who is a law student–addressed to Principal Secretary, Ministry of Information and Broadcasting, said, that it appeared that the issue at was not ripe for adjudication before Court.

It observed that the issue has to be discussed and decided at policymaking stage as well as at the stage of administrative decision-making so that multiple stakeholders involved into it, may be consulted and due deliberations/discussions be carried out at appropriate level by the concerned authorities. Thereafter, if required, appropriate decision/guidelines be prepared and passed, it added.

“At present, the Court does not intent to enter into the arena of subjectivity. Objectivity can only be ensured once all stakeholders are discussed on this issue. Therefore, respondent No.1 (Union) has to take call in this regard,” the court said.

It thereafter granted the petitioner liberty to submit copy of her PIL along with her representation in detail, delineating the issue objectively.

“If such representation and documents are preferred by petitioner before the concerned authority, then the authority shall objectively discuss and decide the issue in accordance with law, in view of suggestions received from different stakeholders,” the court added.

Also read– Consumer Forum Holds PVR Cinemas Liable For Showing Long Ads Instead Of Screening Movie At Announced Time

The petitioner claimed that while she was not against display of advertisements but sought that movie exhibitors display the correct time for the beginning of the movie so that audience may adjust their time schedule accordingly. Her counsel had emphasized the concept of ‘Captive Audience’ to argue that by prolonging the advertisement, time for watching movie is extended.

The time which is consumed to display advertisements is the time during which a person who is watching movie is treated as ‘Captive Audience’, it was contended.

Case title: SWATI AGRAWAL versus UNION OF INDIA & Others

Click Here To Read/Download Order

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