MIB, forwarded a complaint dated 1.4.13, by Mr. K.S. Jain regarding telecast of programme titled “Third Eye of Nirmal Baba”. The complainant stated that broadcasters were telecasting the programme “Third Eye of Nirmal Baba” who was emotionally blackmailing the innocent public and looting them and these channels are helping Nirmal Baba in his robbery by telecasting his programmes. The complainant desired to know what action was being taken against these channels and Nirmal Baba to save the innocent public of India who already are in personal problems/difficulties.

18.9.2013
NBSA noted the complaint and the response given by the broadcaster in which the broadcaster had admitted that the programme was aired on their news channel News 24 as a sponsored slot with a disclaimer regarding the content of the impugned programme. After considering the matter in detail, it was decided to ascertain whether the Order dated 1.6.12, passed by the Judicial Magistrate – First Class at Bina, Madhya Pradesh, directing the Ministry of I&B to issue directions to TV channels to stop relaying programmes on Nirmal Baba continues to be in operation. If the order continues in operation, it was decided to inform, the members of NBA to comply with it. It was also decided to draw the attention of the members once again to the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

The complaint dated 28.4.13 was regarding non-display of mandatory CBFC’s certificate title and violation of Cinematograph Certification Rules. The complainant alleged that as part of the trailer of the film “Gunde Jaari Gallanthayyinde” telecasted on Sakshi Telugu news channel failed to display censor certified title (‘U/A’) as part of the trailer of the film, which had a violation of Rule 38 of the Cinematograph Certification Rules 1983. The trailer was supplied/ produced by film producer and channel had no role in this regard can’t be a defence because the failure to comply with any of the provisions of Cinematograph Act and Rules had a clear violation of the Programme Code – Rule 6(1)(n) of the Cable Networks Rules, 1994 for which the BSP had solely and wholly responsible.

18.9.2013
NBSA considered the complaint and decided that the MIB be informed that the forum for getting redressal for the said complaint was the Advertising Standards Council of India (ASCI) and not the NBSA. MIB was informed accordingly and the matter was closed thereafter.

NBSA considered letter dated 12.2.13, received from the Election Commission of India wherein they sought a confirmation whether cases of paid news involving the electronic media could be referred to NBSA once the same is confirmed by the screening Committee of ECI for further necessary action as is done with respect of complaints relating to the print media, which are sent to PCI. ECI was informed that all complaints/ issues relating to paid news received from the Election Commission of India relating to the electronic media news channels, which are members of NBA would be placed before the News Broadcasting Standards Authority (NBSA) for its consideration. In respect of broadcasters which are not members of NBA, ECI wa informed that strictly speaking the NBA Code of Ethics & Broadcasting Standards and the regulations do not bind upon such broadcasters/channels who are ordinarily not amenable to the jurisdiction of the News Broadcasting Standards Authority. However the existing practice followed by the MIB of sending such complaints to the NBSA could also be adopted by the ECI for similar consideration by the NBSA. Election Commission of India forwarded complaints of paid news relating to the Karnataka 2013 & West Bengal Elections 2011.

30.7.2013
On a perusal of the complaints it was found that the broadcasters referred to were not members of the NBA or they were cable TV channels run by cable operators, who are not subject to the rules, regulations, criteria and conditions that apply to satellite news channels. Accordingly, the matter was referred to Joint Secretary, MOI&B, to take necessary action of writing to the non-member broadcasters.

The complainant alleged that the media from time to time on some pretext or the other had been insulting the Hindu religion, saints and devotees. In this regard the complainant had drawn the attention of broadcasts relating to Asaram Bapu’s holi function in Maharashtra ; his remarks on Damini rape issue ; pouring of milk on Lord Shiva on the occasion of Maha Shivratri etc, which were sensationalized by media . Since the complainant had not received any communication from NBSA regarding the action taken on the complaint, they threatened to hold demonstration outside NBSA office and also proceed legally.

30.7.2013
NBSA noted that the complaints/ reminders received from Dharamrakshak Shri Dara Sena was of a very general nature and does not give any specifics of the programme/telecast by the channels which they were aggrieved or the particular channel/s that may have broadcast such programmes. NBSA decided that the complainant be informed that NBSA will examine their grievance that remains un-redressed by member broadcasters; such grievance must be in relation to a specific telecast(s) made by a particular channel/s, and without any specific details, NBSA would not be in a position to take-up complaint(s) or hold a hearing or proceed under its regulations against member channel/s. NBSA decided that the relevant extracts of the regulations for filing complaints to the broadcaster/ NBSA be also intimated to the complainant with an advice to send the complaint(s) with necessary particulars and specifics including CDs of the impugned broadcasts. It was also decided to inform the complainant that the threat to hold demonstration outside our office is an unwarranted attempt to intimidate NBSA.NBSA also decided that in view of the threat to the News Broadcasters Association (NBA) and the News Broadcasting Standards Authority (NBSA), the police be requested to provide adequate protection to the property, premises and personnel of the NBA & NBSA.

News 24 for the news report ‘Kanpur ki yeh kaishi police’ telecast on 15.3.12 at 6.57 hrs. The channel had telecast the story of a former CO of police department of Kanpur who had been raping a minor girl since 2005. The channel had shown the face of the girl and the CO.  The channel should have blurred the face of the girl.

NDTV India for a news story about injecting HIV infection telecast on 3.3.12 at 9.25 hrs. The channel had telecast a news report about a person who gave an infected HIV injection to his wife as she was a hurdle in his relation with another girl.   The channel showed the face of the wife without blurring the face.

ETV Rajasthan for a news report about burning by a maid telecast on 1.3.12. at 22.16 hrs.  The channel had shown the story of a woman whose face burnt by her maid as she had relations with her husband and the face was shown continuously without blurring.   

30.7.2013
NBSA considered the replies received from News 24, NDTV India and ETV Rajasthan. As far as News 24 & NDTV India are concerned, NBSA decided both the channels be advised to be more careful in future while dealing with such cases and to ensure that the NBSA Code of Ethics & Guidelines are scrupulously followed by the editorial staff. The broadcasters also be informed that any future transgressions would be dealt with severely. As far as ETV Rajasthan was concerned, the NBSA noted that the channel in its reply has stated that the woman, who was allegedly burned by her maid, had reported the matter to the police and had approached the media to secure justice for herself. It was with her consent, rather at her own request, that the channel interviewed her and broadcast a short story on her. NBSA was of the view that the broadcaster had violated the Codes & Guidelines of NBA/NBSA.. NBSA decided that the broadcaster should be advised to be careful in the future and any further violations would be dealt with sternly. NBSA decided that the channel be asked to submit evidence and contemporaneous record as proof of consent given by the woman that the incident could be recorded & telecast on ETV Rajasthan, which has been subsequently submitted by the broadcaster. The complaint was closed.

25.7.2012.

In a news report relating to a murder case, the channel had shown the visuals of a dead body of a child from close quarters without making it opaque or blurring it. The visuals were disturbing and offend good taste and decency and it violated Provision 6 (1) (a) of the Programme Code.

26.7.2012

In a news report relating to an incident in which some men were brutally killed, the channel had shown the visuals of dead bodies lying in the pool of blood from close quarters without making them opaque or blurring it. The visuals were disturbing and offend good taste and decency and it violated Provision 6 (1) (a) of the Programme Code.

29.7.2012

In a news report, the channel had reported how a few youngsters including four girls were severely manhandled in a private guest house on the outskirts of Mangalore city. The incident happened, when the youngsters were celebrating one of their friend’s birthday and some people from the Hindu Jagran Vedic attacked and manhandled them. In the video footage telecast during the report, the attackers could be seen beating two boys badly. While telecasting news report, the channel had revealed the identity of victims. It could have blurred the faces of the victims. The visuals also offend good taste and it violated Provisions 6 (1) (a) and 6 (1) (k) of the Programme Code.

18. 8.2012

The channel had telecast a news story from Viruthunagar district in Tamil Nadu where a man had set himself ablaze against a demolition drive being carried out in his locality by the local administration. The channel while telecasting the news had shown disturbing visuals of self-immolation of the auto driver, which offends good taste. The channel should have blurred such disturbing visuals and it was not suitable for unrestricted public exhibition and it violated Provisions of 6 (1) (a) and 6 (1) (o) of the Programme Code.

25.11.2012

The channel while reporting the news of a farmer’s suicide in Koorathaangudi village, Nagapattinam district of Tamil Nadu had shown the dead body lying on a stretcher without blurring the visual. The visuals were sensitive and against good taste also and was not suitable for unrestricted public exhibition and violated the Provisions of 6 (1) (a) and 6 (1) (o) of the Programme Code.

27.1.2013

During a news report based on an accidental death of a farmer from Mithoor village in Vellore district ofTamil Nadu, the channel had shown the dead body of the farmer lying on a bed without editing. The visuals were disturbing and offends good taste and violated the Provisions of 6 (1) (a) of the Programme Code.

30.7.2013
NBSA considered the complaints, response given by the broadcaster and also viewed the CD. The broadcaster admitted that inadvertently in the initial broadcasts they had shown the visuals without blurring, which were corrected subsequently. The broadcaster admitted in their response that it was not their intention to offend the sensibilities of any person/s and they would ensure that they will abide by the applicable guidelines and also assured that the same will not be repeated. NBSA decided to close the complaints by informing the broadcaster to be more careful and sensitive while showing such visuals on their channel.MIB was informed accordingly.

ETV 2:

The channel had carried a news report based on a unique beauty pageant that took place in Brazil in the name of ‘Miss Bom Bom’. The pageant was to award the participant who had the best buttocks among all of them. The channel had shown the recorded footage of the pageant in which the participants were seen performing catwalk in front of the judges as well as a large group of viewers. In order to show their buttocks, the participants were dressed in revealing attires. They also made some obnoxious dance moves to highlight their particular asset. In one shot, all the participants were shown together, standing in a line, with their buttocks exposed before the jury/viewers. Though they were wearing thongs, its design was such that it did not cover their butts even partially. The visuals offend good taste and decency. It also denigrates women by showing their body in an indecent manner and violated the Provisions of 6 (1) (a) and & 6[1](k) of the Programme Code.

Manorama News:

 The channel in their crime based programme “Kuttapatram”, had reported about a murder that took place in Kottayam , Kerala .Without blurring the visuals they  had telecast disturbing visuals smeared with blood, which offended the standards of good taste and decency. They should have blurred the visuals with a warning to the channel that any future transgressions would be viewed seriously. MIB was also informed of the decision.

30.7.2013

ETV2:

NBSA considered the complaint and the response given by the broadcaster and noted that the broadcaster should have verified the contents received from third party sources however renowned they may be, in the instant case APTN, a news agency, before it was telecast on the news channel. NBSA also noted with regret that the broadcaster chose to show such a programme on a news channel. In view of the broadcaster having submitted that the concerned journalist was advised to refrain from telecasting such pageants in future and expressed regret for telecasting such programme, NBSA decided to close the matter with a warning to the channel that any future transgressions would be viewed seriously. MIB was also informed accordingly. 

Manorama News:

NBSA considered the response in which the broadcaster stated that they had blurred the wounds and the blood on the dead body, but by oversight, the concerned producer had failed to mask the face. They admitted that the same was purely a mistake from the producer’s end and was unintentional. The broadcaster also stated that the concerned producer was issued a warning. NBSA decided that no further action needs to be taken. The matter was closed with a warning to the channel that any future transgressions would be viewed seriously. MIB was also informed of the decision.

The complaint was that the channel in their programme “News Fuse” had shown a young man doing dangerous stunts and visuals without any disclaimer. The said programme showed a man lying between railway lines as the train ran over him. It was stated that the timing of the broadcast was also inappropriate as a large number of children may be watching television during that time. Viewing such stunts could lead to young minds getting influenced to imitate such dangerous stunts.

30.7.2013
NBSA considered the response given by the broadcaster and was not convinced that the broadcast was done in public interest or that it was in any way helping viewers not to practice such dangerous stunts and engage in constructive work. NBSA decided that the broadcaster be informed that in future such programmes should not be telecast, and if telecast, there should be a continuous legible disclaimer through the programme. It was also decided to advise the broadcaster that such telecast did not have news value and could adversely influence young minds. NBSA decided that no further action needs to be taken and the matter may be closed with a warning to the channel that any future transgressions would be dealt with severely. MIB was informed of the decision.

The complaint was that on being informed by the local residents alleging a prostitution racket being run in a beauty parlor, the police raided the parlor in Thane district. It was alleged that the channel while broadcasting the raids on the parlor, had not covered the face of the girls, which would have an impact on their social life.

30.7.2013
NBSA considered the response and viewed the content aired on the channel and noted that the channel had nowhere in the news item disclosed that the girls were involved in prostitution or in illegal activities. NBSA decided that no action was called for in the matter and the MIB be informed of the decision.

Complaint related to the telecast of a gang rape of a minor girl in which the police had revealed the name of the father of the victim. It was stated that such broadcasts should be done with care and sensitivity as it may cast social stigma upon the victim.

30.7.2013
NBSA noted that the channel in its reply had stated that the voice over did not mention the name nor disclosed any details sufficient to identify the victim. However, due to some technical error, the byte of the Superintendent of Police could not be filtered which mentioned the name of the minor victim’s father. NBSA accepted the response of the broadcaster and noted that the broadcaster could not be faulted for the version of the police. NBSA decided that the broadcaster be requested to be more careful and sensitive when covering such issues. MIB was informed of the decision.