MoI&B informed NBSA that it had come to the notice of the Ministry that some TV channels including seven member channels of NBA namely ABP News, ABP Majha, News 18 India, News 18 Lokmat, News Nation, News 24 and Total TV channels had telecast the media briefing of the Pakistan army spokesperson Major General Asif Ghafoor on Pulwama terror attack on 22.2.2019 for varying durations. Prima facie, it was noticed there had been no intervention from the channels on the correctness or otherwise of the claims being made by Pakistani army spokesperson during the telecast in order to ensure that there was no violation of the Rule 6(1)(e) & (h) of the Programme Code and Ministry’s advisory dated 14.2.2019 on the subject. In view of the above, MoI&B issued show cause notices (SCNs) to these TV channels requiring them to show cause as to why action as per rules should not be taken against them. It was also stated that the matter was placed before the Inter-Ministerial Committee (IMC) meeting held on 20.5.2019 for its consideration. Considering that the matter is a sensitive one, the IMC recommended that first of all the matters should be referred to NBA for its views in respect of its member channels. MoI&B requested that NBA may furnish its views to the Ministry with regard to telecast of media briefing of Pakistan army spokesperson Major General Asif Ghafoor on Pulwama terror attack on 22.2.2019 by the said TV channels.

10.7.2019
NBSA considered the above letter and decided that since the action of issuing show cause notices to the channels has been initiated by the MoI&B, it may not be proper for NBSA to comment upon the propriety or legality in respect of the said show cause notices. The MoI&B should conclude the action initiated in this regard. NBSA decided that MoI&B be informed of this decision and the complaints closed, only for the reasons stated above.

MoI&B forwarded ten complaints, which related to a programme titled “?????? ... ???? ?? ?????? ?” “Savarkar – a Hero or a villain?” aired on ABP Majha on the 136th birth anniversary of Veer Savarkar. According to the complainants, the programme not only hurt their sentiments but the channel also intended to malign the image of a national leader and freedom fighter. Broadcaster stated that the programme was telecast as part of ABP Majha’s daily show ‘Majha Vishesh’. The said daily show is telecast five days a week, at 5:15pm, and is structured in the format of a debate. The reason for focusing on Savarkar in the said show was because of his birth anniversary. Several viewers / complainants chose to view the programme as an ‘anti-Savarkar’ show and one that seeks to defame Savarkar. Most of the complainants seem to have taken offence at the use of the word ‘Khalnayak’ (villain) in relation to Savarkar. The broadcaster stated that that the word was used in the title, in the form of a question: “Savarkar- Nayak ki Khalnayak?” (“Savarkar- a Hero or a Villain?”). The title of the subject programme was posed as a question and not delivered as a statement. The Broadcaster stated that since the content of the programme had not found favour with a large number of their viewers, on 29.5.2019 at 9 pm, it ran an explanation to the effect that it did not intend to malign Savarkar’s image and it had respect for his patriotism, a special one-hour show ‘’????? ???????????? ???????”, “We, the Savarkar lovers speaking…” was aired. The show featured only senior Savarkar supporters, which included Mr. Ranjeet Savarkar (descendant of Savarkar). Subsequently, the channel also aired an apology on 20.6.2019 and the byte of Mr. Ranjeet Savarkar, grandson of Sawarkar and Chairman of Sawarkar National Smarak on 20.6.2019. He stated that since ABP Majha has tendered an apology and removed the clips from its digital media, the persons concerned withdrew the protest march which was thereafter converted into a gathering to pay respect to Sawarkar at the Swatantryaveer Sawarkar Smarak.

10.7.2019
NBSA considered complaints, response of the broadcaster and also viewed the broadcasts. NBSA was of the view that the broadcasters have the freedom to structure their programmes in the manner they desire as it falls within editorial discretion. However, while doing so the sensitivities of the persons and organisations being reported upon should be borne in mind as news media has no claim to any special privilege or licence to malign any person or organisation, which may inflame passions and lead to violence/ protests. NBSA noted that in view of the channel having taken corrective steps of airing a special show, airing an apology and carrying the byte of Savarkar’s grandson who is also the Chairman of Sawarkar National Smarak, no further action was called for. NBSA decided to inform MoI&B and the broadcaster accordingly.

The complaint is that in the programme “Ravish Ki Report”, the channel praised Pakistan instead of India subsequent to the air strike. According to the complainant strict action should be taken against such channel, who does not praise the Indian Army and Air Force but instead praises Pakistan. The broadcaster stated that the present complaint is a feedback rather than a complaint about any contravention. The programme contained the official statement of the Indian government on Balakot strike and does not contain any anti-nationalist statements as alleged by the complainant.

10.7.2019
NBSA considered complaint, response of the broadcaster and also viewed the broadcast. NBSA noted that the content of a ‘report’ or ‘story’ fell within the editorial discretion and an individual’s (complainant’s) view or perception of an issue cannot be a ground to take action against a channel, unless there was a violation of the Guidelines. NBSA therefore decided to close the matter and inform MoI&B and the broadcaster accordingly.

Complaint is that on 1.2.2019 at about 10.30 AM, News18 channel of Assam had telecast news that “First time in Assam Women performed nude protest against the C.A.B. in front of Janata Bhavan (Secretariat) of Dispur”, but in reality, some male person had performed the nude protest. The complainant stated that the news was totally incorrect, motivated, false and provocative and violates the minimum ethic of journalist code of conduct and action be taken against the channel. Broadcaster stated that due to an inadvertent error, it had aired news stating that a nude protest was staged in front of Janata Bhawan by “women” instead of “men”. Upon realizing the inadvertent mistake, it immediately rectified the said news. The said error was neither motivated nor was it provocative.

10.7.2019
NBSA considered complaint, response of the broadcaster and also viewed the broadcast. NBSA noted that in view of the broadcaster’s taking a remedial action on realizing its error, NBSA decided to close the matter and inform the MoI&B and the broadcaster accordingly.

The complaint is that while watching Zee News and Aaj Tak channel on 23.4.2019 at 5:00 pm live on Zee News - Taal Thok ke and Aaj Tak – Dangal, the same person Mr. Sudhanshu Trivedi, spokesperson of BJP was appearing on both the channels at the same time “live”. The complainant stated that it was not possible in live running programs to show same person appearing at the same time in both the channels. Zee News stated that Mr. Sudhanshu Trivedi was present on the stage of Zee News and said programme ‘Taal Thok Ke’, which was telecast live on Zee News on 23.04.2019 at 5:00 PM. There is no doubt that same person cannot remain present on two channels at the same time and therefore, it may be ascertained from Aaj Tak. Aaj Tak stated that they were to run the impugned news item as "Recorded" in its broadcast; however, due to an inadvertent error in its systems, the Live bug did not disappear. The channel clarified that the concerned producer has already apologized for his mistake and it assured NBSA, that this error would not be repeated in the future.

10.7.2019
NBSA considered complaint, response of the broadcaster and also viewed the broadcast. In view of the admission by Aaj Tak of the error, NBSA decided to close the matter with a direction to Aaj Tak channel to be more careful while airing such programmes.

Zee News had broadcast a programme on DNA which was completely against the Indian Union Muslim League Party and the party flag. The complainants alleged that the anchor aired a “paid news” story against the IUML and connected and compared the IUML leaders with the partition of India and a neighbouring country and attempted to match the similarities of IUML with the other country. The word “Vibhajankari Mansikta” etc. has no relevance with the IUML. The anchor in the programme attempted to malign the reputation of IUML throughout India as also Maharashtra. The complainants stated that the channel did not contact any of the party leaders about the role played by the IUML in the partition of India and the flag of a neighbouring country. The programme was intended to damage and bring disrepute to the IUML party. The complainants alleged that the programme was aired during the ongoing general elections of 2019. The timing preferred by the anchor and the time when the program was broadcast was also intended to decrease the vote bank of IUML and increase the vote bank of people hating IUML. It was also intended to divide voters of other communities casting their vote for IUML. The complainants stated that after the said broadcast many persons contacted them and enquired about the role of IUML with reference to the theory of the anchor in the said programme relating to the role of the party in the partition, their connection with the neighbouring country and about the flag .Though the party had no relevance with what was broadcast, yet they were compelled to answer questions raised because of this programme. The complainants desired an explanation with documentary proof about the DNA item on 3.4.2019 and particularly about the words used by anchor “Vibhajankari Mansikta”. The complainants demanded that in the absence of documentary evidence of the claims made in the said programme, another programme should be broadcast clarifying the position of the party with reference to discovery of new events and the broadcaster also be asked to tender an unconditional apology. The broadcaster stated that there was no reference of IUML in the DNA programme dated 3.4.2019. The program was aired on 4.4.2019. The broadcaster stated that the telecast in question was an analysis of Mr. Rahul Gandhi’s road show on 4.4.2019 in Wayanad and the filing of his nomination paper. The telecast analyzed Mr. Gandhi’s candidature from Wayanad and the presence of IUML volunteers and flags of IUML , which may have a positive and negative impact in different parts of India, particularly in northern and eastern parts of the country. The broadcaster stated that IUML is a partner of the opposition UDF that is led by the Congress party in the state. The road show had a video of a crowd cheering him, which was widely shared on social media. Most of the men in the video were dressed in green t-shirts, hoisting green flags which had a crescent and a star. Broadcaster stated that the entire programme had only shown truth based on historical facts and made the people aware of truth, considering the fact there were rumors that Pakistani flags were waved in Rahul Gandhi’s rally. It was for this reason that IUML was referred in the telecast. Instead of maligning any political party, the programme informed the people at large that rumors of Pakistan’s flag in Mr. Rahul Gandhi’s rally were false and the flag was of IUML. The anchor educated the viewers that the flags and banners were not of Pakistan and showed the viewers the difference between the flags to clear the confusion. The mention of the political party IUML was for the aforementioned reason. Broadcaster stated that due to format of the programme, the history and perception of IUML and controversies surrounding its leaders were also mentioned which were entirely based on facts. The use of the words “vibhajankari mansikta” in the programme was used considering the past conduct of the party and its MLA’s. The IUML has been known for flaring up communal incidents in the state of Kerala and make communal statements. Broadcaster in this regard referred to the disqualification of a MLA from Kerala , who was barred from contesting polls for six years for circulating communal pamphlet; IUML was involved in the Marad massacre which was an unfortunate event of killing of eight Hindus by a Muslim mob on 2.5 2003 at the Marad Beach of the Kozhikode District, Kerala; in 2016, CBI had registered a fresh FIR against several persons including top leaders of IUML; based on the recommendations of the Thomas P Joseph Commission report, the High Court of Kerala entrusted CBI to probe the conspiracy in the second Marad riots. The specific objection of the complainant to the term ‘Vibhajankari mansikta’ held no ground, in view of the specific material in public domain showing dubious character and divisive agenda of IUML leaders Broadcaster submitted that the programme was not paid news It was balanced, fair, neutral objective and was in accordance with NBSA guidelines and journalistic ethics.

10.7.2019
NBSA considered the complaint, response of the broadcaster and also viewed the broadcast. NBSA noted that the programme was certainly one sided. It only had the narration, interpretation and analysis of the anchor on the issues raised in the broadcast. For balanced coverage the broadcaster should have given an opportunity to the representatives of IUML, to present their views. NBSA therefore held that the broadcaster has violated Clauses 1 and 2 of Principles of Self-Regulation and Code of Ethics of NBA dealing with Impartiality and Objectivity in Reporting and Ensuring Neutrality as also the Guideline 2.1 of the NBSA Specific Guidelines Covering Reportage. 2.1 which states that “For balanced reportage, broadcasters should remain neutral and ensure that diverse views are covered in their reporting, especially on a controversial subject, without giving undue prominence to any particular view”. NBSA further, noted that the use of the word ‘Vibhajankari mansikta’ was certainly unwarranted in the programme and the justification by the broadcaster was unacceptable. NBSA therefore decided to warn the broadcaster and also noted that any future violations of the Code/ Guidelines would be viewed seriously. NBSA also decided that and the video of the said broadcast, if hosted on the website of Zee News or YouTube, or any other links, should be removed immediately.

The EMMC report stated that Assamese channels, (Prag News, Pratidin Time not members of NBA) and News18 Assam had carried news on the first phase of Panchayat polls in Biswanath district, Assam on 5.12.2018. The report also stated that on 10.12.2018 the channels had carried news on Panchayat polls at Habiyal in Golaghat district, Assam wherein they had shown a retired BSF jawan’s, movements near a polling booth. The channels reported that the jawan possessed a sharp weapon and tried to injure some civilians. Since he refused to drop his sharp-edged weapon the police opened fire. He was admitted to a hospital where the authorities declared him dead. Broadcaster stated that the news items in both the clips was reported from the ground. The anchor narrated both the incidents by telecasting the actual visuals to the viewers and interviews of the voters, doctors and concerned police personnel, without any exaggeration of the incidents. There was no intention whatsoever to sensationalize or glamorize the horrific incidents, instead the aim was to inform the public at large about the said incidents and the action taken by the law enforcement agencies to maintain law and order in the state.

10.7.2019
NBSA considered the EMMC report, the response of the broadcaster and also viewed the broadcasts. NBSA noted that media’s job is to disseminate information to the public. NBSA noted that the content of the broadcast was within the editorial discretion/freedom and found no violation of its Regulations or Guidelines. NBSA therefore decided to close the matter and inform the MoI&B and the broadcaster accordingly.

Background : The Election Commission of India had forwarded final reports of six cases (Zee Rajasthan (2 cases), News18 Rajasthan, First Indian News, Samachar Plus and Jan TV) of paid news of Assembly Elections of Rajasthan 2018, which were received from the Media Certification and Monitoring Committees of Jaipur, Udaipur and Sawai Madhapur, without any covering letter. NBSA had informed ECI vide letter dated 20.3.2019, that First Indian News, Samachar Plus and Jan TV are not the members of NBA and hence cannot proceed against them under the NBA/ NBSA regulations. NBSA took up the matters relating to News18 Rajasthan and Zee Rajasthan, who are its members. Item No.1. Assembly Elections of Rajasthan 2018- Report of paid news (News18 Rajasthan) The Media Certification and Monitoring Committee (Sawai Madhopur) at its second meeting held on 5.12.2018 considered the reply dated 5.12.2018 sent by BJP nominee Ms Asha Meena through her election agent, relating to the allegation of “paid news” shown on News 18 ETV Rajasthan on 28.11.2018, and found it to be unsatisfactory. The Committee also considered the news related to Sawai Madhopur Legislative assembly constituency, which was broadcast on News 18 – Rajasthan ETV on 28.11.2018 from 10.11 pm to 10.12 pm (59 seconds) in which the TV reporter, during the road show in favour of the BJP candidate and former legislator Rajkumari Diya Kumari, used exaggerated expressions like ‘Diya Kumari ke glamour ka jaadu’ (magic of Diya Kumari’s glamour), “sar chadh kar bolta jaadu’ (the mesmerizing magic of Diya Kumari), ‘samoocha bazaar bhir se ata pada’ (the entire market is jam-packed) and “jam ki sthiti – police ko karni padi mashakkat’ (jam-like situation – police have to make strenuous efforts). The Committee concluded that these exaggerated expressions come in the category of paid news. Therefore, the Committee decided to send a directive through the Returning Officer, Sawai Madhopur to the Expenditure Observer / Accounts Unit for adding the amount of that paid news at the rate of DIPR in the concerned nominee’s expenditure account. Response of Broadcaster: Broadcaster in their response dated 3.4.2019 stated that their channel was not involved in any malpractice of ‘paid news’ and had never accepted any financial or non-financial consideration, benefit or reward from any entity in relation to any news relating to elections. It submitted that the news broadcast on the channel was part of their regular news coverage and denied all allegations levelled against them relating to broadcasting of paid news on the channel. It stated that it is aware of the importance of free and fair elections and have always ensured compliance of all applicable laws, regulations and guidelines including the “Norms & Guidelines on Paid News dated 24.11.2011”. It affirmed that the objected item of news was part of their routine news coverage and they have not received any financial or non-financial rewards or benefits in exchange for broadcasting the abovementioned news item. Item No. 2 Assembly Elections of Rajasthan 2018- Reports of paid news (Zee Rajasthan) NBSA noted that the Media Certification and Monitoring Committee (MCMC), Udaipur, held two meetings (first meeting where it suspected paid news and the second meeting where it decided that a paid news was aired). First Meeting - On 23.11.2018, the live broadcast of an election meeting, held in the presence of Udaipur Rural constituency’s Congress nominee Mr. Vivek Katara’s star campaigner Mr. Ashok Gehlot, on Zee News Rajasthan was considered as suspicious paid news. It was decided to write to the RO for investigation. Second Meeting - At the meeting of the MCMC held on 3.12.2018, it was unanimously decided that the live broadcast for 25 seconds by Zee News Rajasthan should be treated as paid news and it should be added to the candidate’s expenditure by calculating it in accordance with the DAVP rate. The matter related to a suspected “paid news” relating to the Khandar assembly constituency in the “Satta ka Mahasamar” episode shown on Zee Rajasthan News TV on 21.11.2018 from 9.30 pm to 9.48 pm (prime time). After evaluating the script of the broadcasted news and the reply by the election agent on behalf of BJP candidate Mr. Jitendra Gothwal, the Committee determined that the following facts fall in the category of paid news: • The programme “Satta Ka Mahasamar” was shown on 21 .11.2018. Till that day, political parties had declared their candidates and Mr. Jitendra Gothwal was the official candidate of the Bharatiya Janata Party. • This programme is a sponsored programme of the channel in which the collective discussions were arranged for the nominee and his supports of the same party. The MCMC Committee at its meeting held on 28.11.2018 found the reply unsatisfactory and not based on facts. Consequently, the MCMC Committee treated the news related to the Khandar Legislative Assembly constituency that was shown during the ‘Satta Ka Mahasamar’ episode by Zee Rajasthan News on 21.11.2018 from 9.30 pm to 9.46 pm (prime time) as paid news. It also held that an amount of Rs 2,40,000 (Rs Two lakh forty thousand) at the DAVP rate for the broadcast time of the news in question (prime time) from 9.30 pm to 9.46 pm (16 minutes) should be added into the expenditure account of BJP nominee Mr. Jitendra Gathwal. Response of Broadcaster: The broadcaster in its reply dated 2.4.2019 stated that the concept of the program “Satta Ka Mahasamar” was to reach out to most of the assembly constituencies in the state of Rajasthan to investigate the development work carried out by the MLAs in their respective constituencies. Through this, the accounts of the five-year work of the sitting MLA of any assembly constituency was taken from the members of the public of the constituency under investigation and response/version was also sought from the respective MLA. The compilation of the report was done through the local reporter of the channel which was based on interaction with people from all walks of the life by going into the constituency. The programme in question covered various aspects of the ‘Khandar’ constituency, which was being represented by BJP MLA Mr. Jitendra Gathwal. At the beginning of the programme, the anchor, had clearly stated that there was not enough development in the constituency and the BJP MLA/government had miserably failed to carry out development work qua education, health etc. It was specifically mentioned in the said programme that the MLA has been making big claims of carrying out development work, however, same is not visible on ground. The programme exposed the MLA’s claims and highlighted the fact of non-construction of college building and deterioration of medical and health facilities/hospital in the constituency. Due to deterioration of medical and health facilities, the people were forced to travel to Sawai Madhopur for treatment of illness. The children are forced to walk miles due to unavailability of schools in vicinity of their houses. The programme also highlighted the increasing unemployment and government’s failure to address the same. The government/public representative had failed to make the area as tourist destination, despite the fact of the constituency having heritage sites, Fort, Chambal river, Ranthambore National Park etc. The programme further highlighted corruption prevalent in electricity department which was affecting the daily life of the people. The problem of illegal mining and mining mafia was also covered in the programme. It was specifically pointed out that people are facing numerous problems in their daily life due to inefficiency of government and there was no concrete solution to said problems, but only false assurances. The programme specifically dealt with the issues of lack of major drinking water project, despite being Chambal river in vicinity, no road connecting to ‘Khandar to Karauli’, incomplete projects etc. The reporter in accordance with journalistic ethics sought version of the MLA on the problems being faced by the people. Broadcaster stated that the complaint/documents supplied to them fails to show how the Election Commission came to the conclusion that the programme in question was a ‘Paid News’. There are no reasons mentioned in the said documents. Moreover, the Election Commission had never sought their response and neither gave an opportunity to be heard before deciding such a pertinent issue of ‘Paid News’, despite the fact that such observation adversely affects the credibility and reputation of Zee Media. The documents supplied to them has no mention of any details regarding any quid pro quo. Broadcaster also denied that the programme in question was sponsored programme Broadcaster further submitted that as far as other live telecast of 25 seconds of Mr. Ashok Gehlot’s rally is concerned, the same cannot fall under the category of any ‘Paid News’. In fact, it is common phenomenon these days that rallies of political leaders are telecast live and there is no prohibition thereof either by law or NBSA. Therefore, same cannot be termed as ‘Paid News’ as news programme did not show anything and only people are seen garlanding Mr. Gehlot.

1.5.2019
1.5.2019 On examination of the minutes of the meetings of the Media Certification and Monitoring Committee, NBSA found that the findings of the MCMC were purely inferential; that the findings were against the respective candidates after considering their responses; and that the broadcasters were not heard nor given an opportunity to give any response. NBSA was of the view that it cannot proceed on the findings of the officials of Media Certification and Monitoring Committee (MCMC/ ECI) and if it has to take any action, it should independently consider whether there were any violations of its Guidelines relating to election broadcasts and paid news. In view of it, NBSA decided to consider independently whether there were any violations of its Guidelines relating to election broadcasts and paid news with regard to both the cases received from the ECI. In the absence of any direct evidence of any payment of consideration to the broadcaster, and in view of the specific denials by the broadcaster that the telecasts were not for consideration, NBSA was of the view that it was not possible to hold that there was any violation of its“ Norms and Guidelines on Paid News” (dated 24.11.2011), by either News 18 Rajasthan and Zee Rajasthan. NBSA decided to close the matter inform the Election Commission of India and the broadcasters accordingly.

Legal Notice Dated 22.3.2019 NBSA noted that MoI&B had forwarded a Legal Notice dated 22.3.2019, issued by MZD Legal Consultancy to the Executive Editor, ABP Majha with copies to MoI&B, EMMC, NBSA and Inter Ministerial Committee (IMC), on behalf of their client Mrs. Medha Jambotkar, alleging that her image (used by their client for her public profile on Instagram) was wrongly and negligently used on ABP Majha on 18.3.2019, by showing her image as that of the wife of late Shri Manohar Parrikar (former CM of Goa) who passed away due to cancer. Response of Broadcaster Broadcaster vide letter dated 15.4.2019 submitted its response admitting that a wrong image was mistakenly used. It stated that as soon as they came to know about the mistake, they stopped the telecasting of the news item and also removed it from their rundown and from all their media platforms immediately; and that they had also carried a corrigendum for wrong use of Mrs. Medha Jambotkar’s image.

1.5.2019
NBSA noted that the broadcaster (Channel ABP Majha) had carried the corrigendum on March 27, 2019 at 2.15 pm, March 28, 2019 at 6.15am and at 9.10am and March 29, 2019 at 6.25pm. Duration of each telecast was around 15 seconds. NBSA also noted that the broadcaster in their response has given an assurance that they would be careful while reporting any such similar instances and do their best to ensure that such mistakes are avoided. In view of the immediate corrective action taken by the broadcaster, NBSA decided to close the complaint with the observations that they should be careful in future and verify thoroughly before any material is used in a broadcast. NBSA decided to inform the MoI&B and the broadcaster accordingly.

MoI&B forwarded the copy of the complaint of Capt. Sandeep Puri dated 25.10.2018 to the SHO, PS Defence Colony, New Delhi against Times Now TV for possession and broadcasting top secret internal documents of the CBI on national television at 11:30 hrs on 24/10/2019 punishable U/S 5 and 5 (a) of the Official Secrets Act, 120 B of IPC and offence U/S 66 A (b) of the information Technology Act of 2000.

28.3.2019
28.3.2019 As the complaint filed with the police (in regard to offences punishable U/S 5 and 5 (a) of the Official Secrets Act, 120 B of IPC and offence U/S 66 A (b) of the Information Technology Act of 2000) was the subject matter of a criminal case, the matter would not fall under the jurisdiction of the NBSA. NBSA therefore, decided to close the complaint and inform MoI&B accordingly.