Madras High Court
M/S. Tamil Nadu Government vs Union Of India on 7 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.28151 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.28151 of 2024
and
W.M.P.(MD)No.23874 of 2024
M/s. Tamil Nadu Government
Doctors Association (TNGDA),
Represented by its State President,
Dr.K.Senthil. ... Petitioner
Vs.
1.Union of India,
Through Secretary,
Department Ministry of Information and Broadcasting,
Room No.552, “A” Wing Shastri Bhawan,
New Delhi - 110 001.
2.The Telecom Regulatory Authority of India (TRAI),
Through its Chairman, Mahanagar Doorsanchar Bhawan,
Jawaharlal Nehru Marg, New Delhi - 110 002.
3.Broadcasting Content Complaints Council (BCCC),
Through its Chairperson,
C-301, C-302, Ansal Plaza,
Khel Gaon Marg,
New Delhi - 110 049.
4.You Tube,
Represented by its Authorized Officer,
4th Floor, Tower E, RMZ Infinity,
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W.P(MD)No.28151 of 2024
No.3, Swami Vivekananda Road,
Sadanandanagar, Bennigana Hall,
Bengaluru, Karnataka – 560 016.
5.Thanthi TV,
Represented by its Executive Editor,
No.143, Campus 1C,
RMZ Milenia Business Park, Phase 1,
MGR Main Road, Kandanchavadi,
Perungudi, Chennai – 600 096.
6.News Tamil 24 X 7,
Represented by its Editor,
145, 1-A, Rukmani Lakshmipathi Road,
Egmore, Chennai - 600 008. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, forbearing
respondents 3 to 5 from telecasting or publishing any defamatory and
derogatory interviews concerning the attack on one Dr. Balaji, a Medical
Oncologist at the Kalaignar Centenary Super Specialty Hospital, Guindy,
Chennai, or any other content maligning registered medical practitioners
through television media or social media and consequently direct the
respondents 1 to 3 to take appropriate action against such television
channels and social media platforms based on the petitioner's complaint
dated 16.11.2024.
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W.P(MD)No.28151 of 2024
For Petitioner : Mr.N.Sathish Babu
For Respondent : Mr.K.Govindarajan,
Deputy Solicitor General for R1 & R3.
Mr.S.Jeyasingh,
Senior Panel Counsel for R2.
Mr.I.Suthakaran for R4.
ORDER
This Writ Petition has been filed for a direction, forbearing respondents 3 to 5 from telecasting or publishing any defamatory and derogatory interviews concerning the attack on one Dr. Balaji, a Medical Oncologist at the Kalaignar Centenary Super Specialty Hospital, Guindy, Chennai, or any other content maligning registered medical practitioners through television media or social media and consequently direct the respondents 1 to 3 to take appropriate action against such television channels and social media platforms based on the petitioner's complaint dated 16.11.2024.
2.When the matter was taken up for hearing, the learned Deputy Solicitor General submitted that if the petitioner submits a complaint before the grievance redressal mechanism of intermediary as per Rule 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.28151 of 2024 3(2) of the Information Technology (Intermediary guidelines and Digital Media Ethics Code) Rules 2021, the same will be considered and orders will be passed.
3.In view of the same, the petitioner is granted liberty to lodge a complaint before the grievance redressal mechanism of intermediary as per Rule 3(2) of the Information Technology (Intermediary guidelines and Digital Media Ethics Code) Rules 2021.
4.With this liberty to the petitioner, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
07.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
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W.P(MD)No.28151 of 2024
G.K.ILANTHIRAIYAN, J.
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W.P(MD)No.28151 of 2024
07.01.2025
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