Any person aggrieved by any breach by a Member or an Associate Member of the News Broadcasters Association ("NBA") of the Code of Ethics & Broadcasting Standards ("Code") laid down by the NBA in relation to any programme broadcast by such Member/Associate Member, has a right to file a complaint in that regard before the News Broadcasting Standards Authority ("Authority").
Before a complaint is made to the Authority however, it is compulsory for the person aggrieved to first make a formal complaint to the concerned broadcaster; and if not satisfied with the broadcaster's response, a complaint may be made before the Authority.
This booklet explains how the disputes redressal procedure works and the role of the Authority in adjudicate upon such complaints.
The News Broadcasting Standards Authority is an independent body set up by the News Broadcasters Association. Its task is to consider and adjudicate upon complaints about broadcasts. The Authority comprises:
The Code of Ethics and Broadcasting Standards laid down by the NBA for violation of which a complaint may be made, include the following editorial principles:
Who can make a complaint?
Any person aggrieved can make a complaint to the Authority in regard to a programme broadcast by a Member / Associate Member of the NBA.
How to make a complaint?
A complaint must be made in writing, either in English or Hindi, and must include the following:
It is important to include all the above details. To assist complainants, a 'Complaint Form' is available on the website at www.nbanewdelhi.com or it can be obtained from the NBA office.
Which broadcasters are within the scope of the Authority?
A complaint must be made to the Broadcaster within a reasonable time not exceeding 7 (seven) days from the date of the first broadcast.
To whom should the first complaint be made?
A complaint should be addressed to and dealt with by the Legal Head of the concerned Broadcaster, whose specific designation, address and other correspondence details is available on the websites of the NBA and of the concerned Broadcaster.
Is there a time limit to receive a response from a Broadcaster ?
is encumbent upon the complainant to give the Broadcaster at least 7 (seven) days to respond to the complaint from the date of receipt, failing which the Authority will not entertain any complaint.
Is there a time limit to file a complaint before the Authority?
A complaint shall be filed before the Authority within 14 (fourteen) days from the date of receipt of a response from the Broadcaster, or, if the Broadcaster does not respond, within 14 (fourteen) days from the date when the aforesaid period provided for the Broadcaster 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 deligently 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.
In which language can the complaint be made?
The complaint can be made in English or Hindi. If 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 to show cause why action should not be taken under the Regulations.
In how many days should a response be received from a broadcaster to a show cause notice?
How does a broadcaster respond to a complaint ?
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 30 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.
How is a complaint decided?
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
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 issues in making a complaint, the Authority may in its absolute discretion, consider requests from the complainant for anonymity / confidentiality.
News Broadcasting Standards Authority
C/o News Broadcasters Association
Mantec House, C-56/5, 2nd Floor, Sector 62
Noida - 201 301
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 Standards Authority. The detailed Code and Regulations are available on this website.