Mumbai: The News Broadcasters And Digital Association (NBDA) Board says that it felt that it had become necessary to review and amend the News Broadcasting & Digital Standards Regulations (Regulations) to bring it in sync with the evolving media landscape.
Justice (Retd) A. K. Sikri, Chairperson, NBDSA, Justice (Retd) R. V Raveendran, former Chairperson, NBDSA and Arvind P. Datar, Senior Advocate offered guidance and inputs in facilitating the process.
Penalties for Violation of Code Of Conduct Broadened; include Graded Penalties:
Powers of Authority:
“Where, on receipt of a complaint made to it or otherwise, the Authority has reason to believe that a Broadcaster or Digital Publisher has violated the Code of Conduct, the Authority may, after giving the Broadcaster or Digital Publisher concerned, an opportunity of being heard, hold an inquiry in such manner as is provided by these Regulations and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, direct the following penalties to be imposed upon the Broadcaster or Digital Publisher :-
For the first violation issue/express –
a. warning, admonish, censure, disapproval, regret, apology and/or
b. impose a fine of upto Rs. 2 lakhs
For the second violation issue/express –
a. warning, admonish, censure, disapproval, regret, apology and/or
b. impose a fine of upto Rs. 5 lacs
For the third violation issue/express –
a. warning, admonish, censure, disapproval, regret, apology and/or
b. 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 third 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;
Provided that the fine imposed by the Authority shall be recovered from the concerned Broadcaster or Digital Publisher;
Provided that if the Authority holds that the Broadcaster or Digital Publisher has violated the Code of Conduct, it will 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;”
Suo-Motu Proceedings:
“The Authority has the power to initiate suo motu proceedings and issue notice or, as the case may be, take action in respect of any matter which falls within the mischief contemplated in these Regulations or relating to any matter falling within or arising from the Code of Conduct, and 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.”
New Provision Added In The Regulations :
Emergency Powers:
“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.
