Decisions

S.NO Channel Complainant Date of Broadcast Complaint Decisions
S.NO 101. Channel Aaj Tak Complainant Mr. Kamlesh Acharya [MoI&B] Date of Broadcast 8.8.2020 Complaint

The complaint is filed against a news report aired on Aaj Tak on 8.8.2020 between 21:45 PM and 22:00 PM for broadcasting sensitive information regarding the 740 tonnes of Ammonium Nitrate stored in Chennai. The complainant stated that by broadcasting the address and photos of the location of the warehouse, the broadcaster has made such sensitive information available in the public domain the broadcaster has not only made India a soft target but has also created a big risk for the country. The broadcaster, in its response dated 19.10.2020 stated that as a news channel, its duty is to keep the citizens informed about the happenings in the country; it tries its best to cover every important news from every corner of our country, and the same is done in public interest and it was never its intention to harm national security and public safety in any manner whatsoever. The broadcaster stated that the impugned news report related to the warehouse of Ammonium Nitrate in the outskirts of Chennai was covered in light of the recent explosions at Beirut, and no sensitive information was disclosed during the said coverage. Further, in the news segment, the sound bite of the Joint Commissioner of the Chennai Police, who had inspected the place was also aired.

Decisions

18.2.2021
NBSA considered the complaint, response from the broadcaster and viewed the footage of the broadcast. NBSA noted that while the impugned broadcast was aired in public interest and to alert the public however, since it is a public safety issue, the broadcaster should have certainly refrained from disclosing the location of the warehouse in the interest of national security. NBSA decided that the broadcaster be advised that when airing such sensitive matters, they should refrain from disclosing the location. NBSA, decided to close the complaint with the aforesaid observations and inform the MoI&B and the broadcaster accordingly.

S.NO 102. Channel Aaj Tak Complainant Mr. Anurag Mittal [MoI&B] Date of Broadcast 7.8.2020 Complaint

The complaint is against Aaj Tak channel regarding the programme titled “Halla Bol” aired on 7.8.2020 at 18:00 PM. The complainant stated that during the impugned programme, the anchor reported that the channel had gotten access to the call records (mobile) of the accused Ms. Rhea Chakraborty, named in the FIR registered by CBI as an outcome of the hearing held on 5.8.2020 at Supreme Court of India. Further, the complainant stated that prior to opening up of the panel discussion, the anchor in the impugned programme narrated in a chronological manner - the questions put by the Enforcement Directorate to the accused Ms. Rhea Chakraborty during the first day of enquiry proceedings held at ED Office at Mumbai on 7.8.2020. The channel and its anchors also made public the bank statements of the victim Mr. Sushant Singh Rajput. The complaint, therefore, requested for an enquiry to be conducted in the above matter as to how the broadcaster was able to get access to such records in violation of the Criminal Procedure Code and Data Protection laws, which are not accessible to an ordinary person. The broadcaster, in its response dated 23.11.2020, denied the allegations levelled against it in the complaint. The broadcaster stated that the unfortunate and untimely demise of film actor, late Mr. Sushant Singh Rajput has emerged as a sensitive topic for the entire country, and it was the broadcaster’s duty to do a detailed coverage so as to provide information to the public at large about the alleged suicide of the actor and other related cases that have come up. The broadcaster submitted that over the years, it had earned credibility by distributing accurate information among people. The broadcaster further submitted that the information regarding Rhea Chakraborty and the questions asked by ED as mentioned in the complaint were gathered from trusted sources, and the broadcaster cannot give up its sources as it would amount to a compromise on journalistic freedom. The broadcaster reiterated that its sources are protected to uphold journalistic integrity. The broadcaster also submitted that by airing the impugned programme, it did not intend to interfere with the proceedings of the Court or stand in the way of justice in any manner whatsoever. The content disseminated by the broadcaster was in accordance and in compliance with all applicable laws, rules and regulations of India. The complainant, in its further response dated 23.11.2020, stated that not only the reply given by the broadcaster was delayed, but it was also vague, evasive and misleading. The complainant stated that the broadcaster has instead of apologizing and taking correctional steps, had chosen to justify its fraud under the guise of journalistic sources. The complainant asked the broadcaster to provide relevant provision under the Cable Television Network Regulation Act, which allowed the broadcaster to deviate from the process of law as enunciated under Criminal Procedure Code, Civil Procedure Code and Indian Evidence Act; Delhi High Court Practice Guidelines and Supreme Court Practice Directions, Guidelines for obtaining Certified Records of Court proceedings, MHA Guidelines for obtaining CDR records of Mobile Records and right to privacy as upheld in many landmark Judgements by the Apex Courts and other Courts of law in India and abroad. Further, the complainant also requested the broadcaster to provide specific para of the Guidelines/ Notifications/ Bye-Laws/ Rules/ Directions that allowed the broadcaster to obtain CDR call records, SMS, Messenger private communication under the guise of "Trusted Sources" in a matter to which the broadcaster was not a party to and consequently had no locus standi. The complainant stated that the above-mentioned communication and records were broadcast only to create sensationalism for TRP ratings. The complainant also referred to BBC Journalistic Guidelines for Crime/ Case reporting, which provide exhaustive guidelines for reporting on the matter which is being enquired into/investigated and/or are sub judice. Under these guidelines, the complainant stated that there is no provision that permits sharing of confidential case records/ private individuals CDR records/ emails. The complainant alleged that the broadcaster had intentionally and knowingly violated these guidelines repeatedly as it considered itself to be an Authority above all Constitutional Authorities. The complainant reiterated that the legalistic reply of the broadcaster, which was sent after delay and as per its ease/ afterthought, was proof of its bloated ego; unchecked and uncontrolled media reporting that is devoid of real issues facing the nation and of reporting everything else devoid of truth and facts only for the purpose of TRP ratings by taking the viewers for an emotional roller coaster ride. The complainant also alleged that the broadcaster had also repeatedly violated the Advisory issued by the Hon’ble Prime Minister Office regarding “Breaking News”. The complainant also highlighted the hypocrisy of the broadcaster for debating on data protection/privacy issues by referring to the phone tapping of the opposition parties and not giving the benefit of doubt that such records were obtained from trusted sources. Furthermore, the complainant alleged that the broadcaster’s fake news reporting was part of opportunistic journalism that "changed" depending on the circumstances instead of being guided by Constitutional Provisions and Acts and Rules issued by MOI&B Government of India. The complaint was further escalated to NBSA on 23.11.2020. The complainant stated that as a whistle-blower, he had raised critical and relevant issues in his complaint, which the Govt of India and, in particular, NBSA/ MOIB GoI/ PIB and other relevant constitutional agencies should have initiated suo moto. The complainant stated that not only had the broadcaster given an evasive and vague reply, but the same had been delayed and given as an afterthought as if NBSA’s notice seeking reply within 7 days did not matter to the broadcaster.

Decisions

18.2.2021
NBSA considered the complaint, response from the broadcaster and viewed footage/ of the broadcast. NBSA noted that the present complaint relates to media reportage of the criminal investigation into the death of late actor Sushant Singh Rajput. NBSA decided that the guidelines laid down by the Hon’ble High Court of Bombay in the matter of Mahesh Narayan Singh & Ors. vs. Union of India & Ors. should be circulated to the broadcaster to ensure compliance while reporting on any ongoing criminal investigation/ related matters. NBSA decided to close the complaint with the aforesaid observations and inform the MoI&B and the broadcaster accordingly.

S.NO 103. Channel Manorama News Central Complainant Mr. Pradeep KP [MoI&B] Date of Broadcast 6.8.2020 Complaint

The complainant alleged that Manorama News, while broadcasting a news report on the natural calamity in Kerala on account of heavy rainfall on 6.8.2020 and 7.8.2020 had reported that 5 dams in the State had collapsed due to heavy rains, when in fact the dams had been opened when the water crossed the level capacity. The complainant stated that the impugned news report created a panic situation in the State and caused worry for many inhabitants in the southern part of the State. The broadcaster, in its response dated 8.9.2020, stated that the complainant has failed to provide his address as stipulated in clause 8.1.1. of the News Broadcasting Standards Regulations. The broadcaster also stated that the complaint was conspicuously silent about the date of the alleged telecast, which failed to bring substantial clarity and also prevented the broadcaster from raising specific rebuttals. Notwithstanding, the defects the broadcaster stated that it assumes that the complainant was referring to a news telecast aired on 7.8.2020 at 10:00 AM, in which the news anchor committed an inadvertent error. The broadcaster stated that the anchor, while reporting, said that 5 dams, including Idukki, Ponmudi and Bhoothathankettu, had opened, mispronounced the word opened as collapsed. The mistake was inadvertent and happened as a mere slip of the tongue, which occurred only once during the coverage of the news headlines. The broadcaster further stated that the visual headline at the time of the telecast clearly showed the word “???????” (Opened) and not ????????” (collapsed). Even on the text of the news and scrolls, it was mentioned as “???????” (opened) and not “????????”(collapsed). Further, the broadcaster stated that the impugned news report was telecast only once on 7.8.2020 at 10:00 AM and there was no repeat telecast of the same. The broadcaster reiterated that the same was merely an inadvertent error as even though the word was mispronounced by the news anchor, the headline flashed across the screen clearly showed the word “???????” (Opened). The broadcaster, therefore, submitted that it appears that the complainant wants to invoke grave and serious charges against it for no substantial reason and is attempting to blow out of proportion a seemingly innocuous error committed by the news anchor.

Decisions

18.2.2021
NBSA considered the complaint, the response from the broadcaster and viewed the footage of the broadcast. NBSA found no violation of any Standards or Guidelines in the broadcast and therefore decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 104. Channel Zee Hindustan Complainant Mr. Angrej Singh Pannu [MoI&B] Date of Broadcast 5.8.2020 Complaint

The complaint is made by the State General Secretary Youth of the Haryana Sikh Gurudawara Prabandhak Committee in Haryana. The complainant alleged that Zee Hindustan on 5.8.2020 at 9:35 AM aired a news report regarding Ram Mandir, in which the broadcaster and its anchor spread rumours by reporting that Guruji sent the Nihang soldiers to protect Ram Janambhumi. The complainant stated that there is no evidence in Sikh History which recorded that Guru Gobind Singh Ji had sent Sikh soldiers to Ayodhya for saving Shree Ram Mandir. The complainant stated that by telecasting such a news programme, the broadcaster had played with the emotions of the Sikh community and hurt them. The broadcaster, in its response dated 21.9.2020, stated that the complainant had raised frivolous and baseless objections against the content of its programme ‘Ayodhya Se Vandemataram Vishesh’, which was aired on its channel ‘Zee Hindustan’ on 5.8.2020. The broadcaster denied the allegations and stated that the impugned programme was completely verified and based on the historical texts and books. The broadcaster specified two books, namely “??????????????? ???????? ??? ??????????????????” written by Sh. Thakur Prasad Verma and Sh. Swaraj Prakash Gupta and “??????????????? ?? ???????????????” written by Late Pandit Shri Ram Gopal Pandey on the history of Ram Janmabhoomi which clearly record the fact that Guru Gobind Singh sent his army to protect the Ram Janambhoomi from Mughals. Apart from the aforementioned books, the broadcaster stated that Sh. Gurjeet Singh Ji Khalsa, the Chief Granthi of Gurudwara Shri Brahm Kund Saheb in Ayodhya, in his version, has also stated that on the request of Baba Vaishnav Das, Guru Gobind Singh Ji sent his army to Ayodhya who fought a war with the Mughals to save Ram Janmabhoomi. The aforesaid Gurudwara has also preserved evidence of the fact that troops were sent by Shri Guru Gobind Singh Ji to save the Ram Janmabhoomi in Ayodhya. The broadcaster submitted that in view of the aforesaid facts and incontrovertible evidence, it is clearly evident that the allegations raised by the complainant in the subject complaint were completely false, baseless and motivated.

Decisions

18.2.2021
NBSA considered the complaint, the response from the broadcaster and viewed the footage of the broadcast. NBSA found no violation of any Standards or Guidelines in the broadcast and therefore decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 105. Channel NDTV 24x7 Complainant Mr. Jaishil Upadhyay [MoI&B] Date of Broadcast NA Complaint

The complaint is that in Australia on SBS TV Channel, NDTV broadcasts news related to India every day at 11:30 AM. The complaint was on the ground that most items aired by the broadcasters are anti-India. Therefore, the complainant requested the Indian government, MOI&B to intervene and replace NDTV with Doordarshan News as DD is the Indian Government official broadcaster. The complainant stated that on 11:00 AM, Pakistan TV is broadcast, which airs reports about Jammu and Kashmir, which are false and appear to be propaganda to influence viewers and produce anti-India rhetoric. The complainant, therefore, also requested that India should also broadcasts news related to atrocities in Baluchistan and Pakistan occupied Kashmir on the overseas channel so that people around the world can be aware of the actual situation. The broadcaster, in its response dated 16.11.2020, stated that the complaint appears to be in respect of the international feed of NDTV 24x7 broadcast in Australia. The broadcaster submitted that not only had the complainant failed to mention the date and time of the programme but has also levelled defamatory and slanderous comments against the broadcaster, claiming that it was anti-national. The broadcaster further submitted that it is a responsible and reputed media organization that aims to report news and events after conducting proper due diligence, as required. The broadcaster stated that moreover, it also ensures that its anchors/ reporters/ interviewers follow ethical journalistic practices and are committed to upholding the core values of journalism.

Decisions

18.2.2021
NBSA considered the complaint and the response from the broadcaster. NBSA found no violation of any Standards or Guidelines in the broadcast and therefore decided that no action was called for on the complaint. NBSA decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 106. Channel Aaj Tak Complainant Mr. Rajeev [MoI&B] Date of Broadcast 3.8.2020 Complaint

The complainant alleged that Aaj Tak News Channel on 3.8.2020 between 5 pm to 6 pm aired a news programme promoting a very heated, provocative and abusive discussion. During the discussion, the complainant stated one of the panelists Mr. Sambit Patra made very insulting comments against the former PMs Pt. Jawahar Lal Nehru, Smt. Indira Gandhi, Shri Rajiv Gandhi regarding their deaths and against Smt. Sonia Gandhi, regarding her illness and against Shri Rahul Gandhi MP calling him ‘Nikkama’ and also addressed late Shri Firoz Gandhi as Feroz Khan. A discussion such as the one in the impugned programme had a tendency to incite tension within the society; therefore, the complainant suggested that absurd political discussions should be banned and a Code of Conduct should be enforced for all private news channels in the country. The broadcaster, in its response dated 15.9.2020, denied the allegations levelled against it in the complaint. The broadcaster stated that the opinions expressed by the guests invited in live sessions and debates are the personal opinions of the guests. Further, the anchor or the moderator in a live discussion has a very limited scope of restricting what is being said by the concerned speakers/guests. However, its moderators/ anchors take adequate precaution while moderating the discussion so that all discussions/ debates maintain the necessary civility and decorum. The broadcaster submitted that it believes in providing equal and fair opportunity to every stakeholder to place their concerns/stands. In all discussions, there are assertions/ counter-assertions of facts by the said guests, and in the impugned programme, all the invitee had put forward their own assertions and counter-assertions, which in no manner can be said were promoted by the broadcaster.

Decisions

18.2.2021
NBSA considered the complaint, the response from the broadcaster and viewed the footage of the broadcast. NBSA found no violation of any Standards or Guidelines in the broadcast and decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 107. Channel Sun News Complainant Mr. M. Ravi Kumar [MoI&B] Date of Broadcast NA Complaint

The complainant alleged that Sun TV, Sun News, and Puthiya Thalaimurai were repeatedly broadcasting news related to a lock-up death in Satankulam with an intention to stimulate violence in Tamil Nadu. The complainant stated that by repeatedly airing such news, these channels were attempting to promote enmity between the different group of people and trying to create law-and-order issues in the state of Tamil Nadu to degrade the government of Tamil Nadu and the Prime Minister of India. The complaint was also filed in respect of Thanthi TV, Satyam TV, News 7, Kalaigner TV, Jaya TV and Jaya News. NBSA was informed that the aforementioned broadcasters are not members of NBSA. Hence NBSA cannot consider the complaint under its regulations. The broadcaster in its response dated 1.9.2020 stated that the incident related to the lock up death of two traders in the town of Sathankulam. The broadcaster stated that the complaint was without any substance, vague, non-specific and did not even refer to any specific news aired by the broadcaster. Further, the broadcaster stated that the news, in general, had been widely reported by the print and electronic media. The broadcaster submitted that the impugned news was reported in a factual and objective manner and to ensure justice to the deceased family. The broadcaster denied the allegation that the news was broadcast to incite violence or to degrade the government. The broadcaster submitted that the incident had also invited strong criticism and comments from various sections of the society, prompting the Madurai Bench of the Madras High Court to take up the matter and issue suo moto notices to the police administration and direct them to conduct an autopsy. The broadcaster referred to the judgment of Hon’ble Supreme Court of India in Secretary Ministry of Information & Broadcasting, Government of India v. Cricket Association of Bengal, to state that the impugned news reports were broadcast in exercise of the right of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India, a right available both to the broadcaster, as well as the recipient, i.e., the viewer thereof.

Decisions

18.2.2021
NBSA considered the complaint and the response from Sun TV. NBSA found no violation of any Standards or Guidelines in the broadcast and decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 108. Channel Aaj Tak Complainant Mr. Vandana Mohanlal [MoI&B] Date of Broadcast 5.8.2020 Complaint

The complainant alleged that Aaj Tak, on 5.8.2020 during the live telecast of the Ram Mandir Bhumi Pujan, showed the number plate of the vehicle which chauffeured Prime Minister to the temple and that no TV channel should be allowed to air the number plate of the Prime Minister’s vehicle for security reasons. The broadcaster, in its response dated 15.9.2020, stated that the number plate of the car assigned to the Hon’ble Prime Minister is in the public domain and in no way breaches the security of, the PM as in most public events the car is part of the official convoy of cars. Further, the broadcaster stated that the event of Ram Mandir Bhumi Puja was also covered in a similar manner by other news channels.

Decisions

18.2.2021
NBSA considered the complaint and the response from the broadcaster. NBSA found no violation of any Standards or Guidelines in the broadcast and decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 109. Channel INDIA TV Complainant Ms. Anasua Roy [MoI&B] Date of Broadcast NA Complaint

The complainant alleged that India TV while reporting on the Covid-19 pandemic has attempted to create panic. The complaint is that while reporting on Covid-19 in India, only reported the spike in cases and the number of deaths but failed to mention the number of recovered patients. The complainant reiterated that the broadcaster has attempted to create panic by reporting India’s highest cases every 24 hrs although as per the Press Conferences of the Ministry of Health and Family Welfare, the number of active cases and death rate in India is very low. The broadcaster, in its response dated 26.8.2020 stated that the complainant has failed to share any details- date, time or name, of the ‘News Program’ against which the complaint has been filed. Nevertheless, the broadcaster stated that it had checked its records and has not been able to identify any program, where ‘recovery rate’ information has not been shared with the viewers along with the infection and death rate. The broadcaster stated that it has in almost every program shown all three categories - new cases, death rates and recovery rates of coronavirus cases in India. Further, it uses and publishes only such data as is received from the Ministry of Health from time to time. The broadcaster reiterated that it has aired on regular intervals, news specifically related to recoveries being made from this dreadful disease in order to keep the viewers updated and informed.

Decisions

18.2.2021
NBSA considered the complaint and the response from the broadcaster. NBSA found no violation of any Standards or Guidelines in the broadcast and decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.

S.NO 110. Channel Zee News Complainant Mr. Narendra Jain [MoI&B] Date of Broadcast NA Complaint

The complaint is that Zee News carried a news report showing the existence and training of. Ghatak Unit. The complainant stated that Indian channels must not air news reports showing Indian special forces, their existence, training, deployment of aeroplanes, troops. The complainant reiterated that anything which compromises India’s defence and offence capabilities should not be aired on television. The broadcaster, in its response dated 28.9.2020, stated that the complaint was not maintainable as the complaint was bereft of the necessary details, i.e. the date and time of the broadcast against which the complaint is made. With respect to the impugned news report, the broadcaster submitted that the information about the existence and training of the Ghatak Unit is already available in the public domain and is not ‘classified’ or ‘confidential’ information of the Indian Army. Moreover, it stated that merely showing the existence and training of the Ghatak Unit cannot have the effect of bringing the national security at stake.

Decisions

18.2.2021
NBSA considered the complaint and the response from the broadcaster. NBSA found no violation of any Standards or Guidelines in the broadcast and therefore, decided that no action was called for on the complaint. NBSA, decided to close the complaint and inform the MoI&B and the broadcaster accordingly.