Delhi HC Urges Press Council To Decide On Plea For Ban On Using Photos, Names Of Constitutional Functionaries In Pvt Advertisements [Read Judgment]

Disposing off a petition praying for the writ of mandamus prohibiting the use of photographs or names of high constitutional functionaries in private Disposing off a petition praying for the writ of mandamus prohibiting the use of photographs or names of high constitutional functionaries in private Inter alia, the grievance of the petitioner before the high court was directed against the usage by Reliance Industries Ltd of the name and photograph of the Prime Minister of India in an In addition, the petitioner had earlier approached the PCI against newspaper ‘Hindustan’ for acts of publishing, telecasting and misuse of the photographs/names of the persons holding constitutional posts, such as the President, Prime Minister, Home Minister, Governor, Chief Minister, Cabinet Minister etc, in private/classified The petitioner is aggrieved by the said practice on the ground that it conveys a misleading impression, to the public, that the product/products being advertised are endorsed or supported by the said functionaries. The high court noted that the PCI did issue a show cause notice under the Press Council Rules 1979, to the Editor, Hindustan, to show cause as to why action not be initiated against it under Section 14 of the Press Council of India Act, 1978. However, no further action has been taken thereon, and illegal and unauthorized usage of the names and pictures/photographs, of high constitutional and political functionaries, in The Ministry of Information and Broadcasting, in its counter affidavit, emphasised the fact that while, as a matter of policy, the Union Government does not prefer to interfere with the working of the media, ‘Norms of Journalists’ Conduct’ have been issued by the PCI, which empower the council to take cognizance, suo motu, as well as otherwise, of any infraction of the said norms by the print media. The cause espoused by the petitioner merits consideration, but does not, in our view, admit of such urgency as would justify cognizance, by us, when the Press Council of India is already in seisin of the issue”.