ONLINE COMPLAINT FORM

A Guide to the Complaints Process of the News Broadcasting & Digital Standards Authority

 

Introduction

Any person aggrieved by any breach by a Member or an Associate Member of the News Broadcasters & Digital Association ("NBDA") of the Code of Conduct ("Code") laid down in relation to any broadcast/publication, may file a complaint before the News Broadcasting & Digital Standards Authority ("Authority") in accordance with the procedure laid down under the News Broadcasting & Digital Standards Regulations (“Regulations”).

 

Under the Regulations, a two-tier procedure for redressing complaints is envisaged:

1. First Level

Before a complaint is made to the Authority, it is compulsory for the person aggrieved to first make a formal complaint to the concerned Member.

 

2. Second Level

If the complainant is not satisfied with the response received or fails to receive a response within fifteen days, a complaint may then be made before the Authority, which is the second level of redressal.

 

This booklet explains how the disputes redressal procedure works and the role of the Authority in adjudicating upon complaints at the second level of redressal i.e. the NBDSA (Authority).

 

What is the News Broadcasting & Digital Standards Authority?

The News Broadcasting & Digital Standards Authority is an independent self-regulatory body set up by the News Broadcasters & Digital Association. Its primary function is to consider and adjudicate upon complaints concerning violation of the Code of Conduct by the Members or Associate Members of NBDA at the second level of redressal i.e. the NBDSA (Authority).

 

 

The Authority comprises:

  • A Chairperson, being an eminent jurist;
  • Four Independent Members having special knowledge and/or practical experience in the field of law, media, broadcasting, child rights, human rights, education, medicine, science, literature, public administration, consumer affairs, environment, human psychology and/or culture; and
  • Four editors employed with Member/Associate Member of NBDA.
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The Code of Conduct includes the Code of Ethics and Broadcasting Standards laid down by the NBDA, along with Guidelines and Advisories, the violation of which may give rise to a complaint. The Code outlines editorial principles, which the News Broadcasters and Digital Publishers must adhere to, including the requirement to:

  • Ensure impartiality and objectivity in reporting
  • Ensure neutrality
  • Ensure that when reporting on crime, that crime and violence are not glorified
  • Ensure utmost discretion while reporting on violence and crime against women and children
  • Abhor sex and nudity
  • Ensure privacy
  • Ensure that national security is not endangered
  • Refraining from advocating or encouraging superstition and occultism
  • Ensure responsible sting operations

 

Complaint Procedures

Who can make a complaint?

Any person aggrieved can make a complaint to the Authority in regard to a broadcast on a channel/publication on a digital platform by a Member / Associate Member of the NBDA.

 

How to make a complaint?

A complaint must be made in writing, either in English or Hindi, and must include the following details:

  • Copy of the complaint sent to the broadcaster/digital publisher;
  • Copy of reply received from the concerned broadcaster/digital publisher;
  • Name and address of the broadcaster/digital publisher.
  • Specify the news item/programme
  • Date and time of broadcast/publication
  • The link of the broadcast/publication
  • A short summary of what the complainant is aggrieved of, in particular what precept of the Code has been breached (detailed in the section 'What can I complain about? of this booklet).
  • All relevant documentary or other material, if any, in support of the complaint.
  • If any documents in support thereof are in the vernacular, true translations thereof in English or Hindi must be filed along with the complaint.

To assist complainants, a 'Complaint Form' is available on the website at www.nbdanewdelhi.com or it can be obtained by sending an email to authority@nbdanewdelhi.com .

 

Which broadcasters/ digital publishers are within the scope of the Authority?

Authority can only consider complaints against broadcasters and digital publishers which are Members and/or Associate Members of NBDA.

 

Is there a time limit to file a complaint with the broadcaster/digital publisher?
A complaint must be made to the concerned broadcaster/digital publisher within a reasonable time not exceeding 15 (fifteen) days from the date of the first broadcast/publication.

 

To whom should the first complaint be made at the first level of redressal i.e., the Broadcaster/Digital Publisher ?

A complaint should be addressed to and dealt with by the Compliance Officer of the concerned Broadcaster/Digital Publisher, whose specific designation, address and other correspondence details are available on the website of the NBDA at https://www.nbdanewdelhi.com/whom-to-complaint and is also on the website of the concerned Broadcaster/Digital Publisher under “Complaint Redressal”.

 

Is there a time limit to receive a response from a Broadcaster?

It is incumbent upon the Broadcaster/Digital Publisher to respond to the complaint within 15 (fifteen) days from the date of receipt of the complaint, failing which the complainant may escalate the complaint to the Authority.

 

Is there a time limit to file a complaint before the Authority?
A complaint shall be filed before the Authority within 15 (fifteen) days from the date of receipt of a response from the Broadcaster/Digital Publisher, or, if the Broadcaster/Digital Publisher, does not respond, within 15 (fifteen) days from the date when the aforesaid period provided for the Broadcaster/Digital Publisher, to respond expires.

 

Can delay in filing a complaint to the Authority be condoned?

The Authority if it is satisfied that the complainant has acted diligently and that the delay in filing the complaint within the prescribed period has been caused for reasons not of the complainant's making and/or for other sufficient cause, condone the delay and entertain a complaint. The delay can be condoned at both first and second level of redressal.

 

In which language can the complaint be made?

The complaint can be made in English or Hindi. If the complaint and the supporting documents are in the vernacular, true translations thereof in English or Hindi must be filed along with the complaint.

 

What will happen to your complaint?

Not later than 14 (fourteen) days from the date of receipt of a complaint complete in all respects, the Authority will issue notice to the concerned broadcaster/digital publisher to show cause why action should not be taken under the Regulations.

 

How does a broadcaster/digital publisher respond to a complaint ?

  • The Broadcaster/Digital Publisher against whom the complaint is made may, within 14 (fourteen) days from the date of service of the notice along with a complete copy of the complaint and all documents relied upon by the complainant or within such further time as may be granted by the Chairperson upon application in this behalf, submit a written statement to the Authority in reply to the complaint and send a copy of such written statement to the complainant by any mode of recorded delivery.
  • On receipt of the complaint or written statement, the Chairperson and/or Authority may, if considered necessary, call for any documents or other material from either the respondent Broadcaster/Digital Publisher or the complainant.

 

What happens if the complainant or the respondent does not appear?
If the complainant or the respondent fails to appear without giving any sufficient cause, the Authority may dismiss the complaint or decide the complaint ex parte as the Authority may deem fit.

However, within 15(fifteen) days of the dismissal of a complaint or the passing of any ex parte orders/directions, the aggrieved party can apply to the Authority to restore the complaint or set aside the ex parte orders/directions. The Authority may restore the complaint or set aside the ex parte orders / directions and proceed further from that stage to decide the complaint.

 

Proceedings:

  • The parties shall be entitled to adduce relevant evidence, oral and documentary, and make submissions in support of their contentions.
  • In any inquiry, a party to the proceedings may appear in person or be represented through a duly authorized representative.

 

How is a complaint decided?

  • Every case shall be decided by a majority view of the Authority and the Chairperson’s view shall have the same weightage as that of any other Member of the Authority.
  • Any Member on the Authority who has any direct involvement or commercial interest or in which such Member is interested as an agent or representative of any Broadcaster or Digital Publisher cannot take part in the proceedings relating to such matter and will have to opt out of such proceedings.
  • The orders /directions of the Authority shall be communicated in writing to the parties to the case and shall also be duly publicized as may by directed by the Authority, including on the NBDA website, Annual Report and to the Media.
  • The Authority shall have the power to regulate its own procedure in respect of any matter for which no provision or inadequate provision has been made in the Regulations & shall also have the power, in appropriate cases, to hold inquiries in camera.
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How soon will the Authority decide a complaint ?

Any inquiry commenced by the Authority shall be completed as far as possible, within a period of 3 (three) months from the date of receipt of complaint.

 

Can the Authority initiate suo motu proceedings?

  • Under the Regulations the Authority may initiate suo motu proceedings in respect of any matter which falls within the Regulations or relating to any matter falling within or arising from the Code of Conduct. In such cases the Authority would be free to adopt its own procedure and such procedure need not be the same procedure as when the complaint is filed.
  • The Authority may exercise suo motu power in cases where public interest requires immediate remedial action to be taken, or in other cases where the Authority deems it fit to do so.
  • Where suo motu proceedings have been taken ex-parte, the Authority will issue notice to the concerned Broadcasters/Digital Publishers within three days giving an opportunity to explain why further action under the regulations should not be taken.
  • The Authority may exercise its powers suo motu even on a subject matter brought to its attention by a Complainant whose complaint has been dismissed due to delay in filing the Complaint.

 

Emergency Powers

  • Further, in the event there is an emergency situation involving egregious and/or continuous and/or repetitive violation(s) of the Code of Conduct in the telecast/publication by the member Broadcasters/Digital Publishers on a particular subject, the Authority shall also have suo motu emergency powers to issue interim directions to Broadcasters/Digital Publishers without following the procedures as mentioned in the Regulations.
  • In such emergency situations, an urgent meeting of the Authority will be convened within 24 (twenty-four) hours of such violation of Code of Conduct being brought to the notice of the Authority.
  • After the urgent meeting, the Authority can take action against any Broadcasters/Digital Publishers including a particular channel/Digital Platform/OTT Platform which would include a direction to remove the content immediately.
  • After the passing of any such interim directions, the aggrieved Broadcaster/Digital Publisher may approach the Authority for redressal of its grievance immediately. If a suitable explanation is given by the Broadcasters/Digital Publishers, the Authority can set aside the Interim Directions and direct the programme/content to be restored.
  • The powers of the Authority to exercise emergency powers is without prejudice to its powers.

 

Powers of the Authority

Under the Regulations, the Authority can impose the following penalties upon the Broadcaster or Digital Publisher :-

For the first violation issue/express –

  • warning, admonish, censure, disapproval, regret, apology and/or
  • impose a fine of upto Rs. 2 lacs 

For the second violation issue/express –

  • warning, admonish, censure, disapproval, regret, apology and/or
  • impose a fine of upto Rs. 5 lacs

For the third violation issue/express –

  • warning, admonish, censure, disapproval, regret, apology and/or
  • impose a fine upto Rs. 10 lacs.

For the fourth violation issue/express –

  • warning, admonish, censure, disapproval, regret, apology and/or
  • impose a fine upto 1% of the total annual turnover of the channel.

Provided such fine shall not exceed Rs.25 lakhs, in any given matter.

In addition to the above, on the fourth violation of the Code of Conduct, the Authority may direct a particular programme to be suspended for up to one week and/or direct the broadcaster to suspend the anchor for upto one month and/or issue any other direction as the Authority deems appropriate to the Broadcaster or Digital Publisher and/or recommend to the concerned authority for suspension/revocation of license of such broadcaster.

The Authority can also direct the Broadcaster/Digital Publisher to immediately remove or suitably edit the broadcast/publication from all Digital News Platforms, Social Media and Social Networking Sites.

It can also direct any Broadcaster/ Digital Publisher to cause to be published through a press release in such Newspaper or other Periodical, Television channel and/or on Digital News Platform, OTT Platform, and Social Networking Site, information relating to any inquiry conducted against the Broadcaster/Digital Publisher, including the issuance of warning, admonition, censure, disapproval, expression of regret, airing of an apology and/or the fines levied and/ or any other direction given by the Authority along with any other particulars relating to the proceedings as the Authority thinks fit.

 

What happens if a matter is sub judice

If a matter is sub judice or becomes sub judice during the pendency of proceedings before the Authority, the Authority will not deal with or continue with the proceedings.

 

Will complaints made be kept confidential?

All complaints decided by the Authority may be made publicly available by the Authority, including the name of the complainant. However, in the event a complainant has valid concerns relating to privacy, the Authority may in its absolute discretion, consider requests from the complainant for anonymity / confidentiality.

 

Communications & Contact Address

All Communications of the Authority must be addressed to :

News Broadcasting & Digital Standards Authority
Mantec House, C-56/5, 2nd Floor,

Sector 62, Noida - 201 301

Tele: 0120-4129712

Email: authority@nbdanewdelhi.com

 

This booklet is intended as a guide to the complaints process only. It is a general summary of the powers and procedures of the News Broadcasting & Digital Standards Authority. The detailed Code, Regulations, Guidelines and Advisories are available on the website of NBDA, which may be gone through prior to filing a complaint.