PIL No.56 and more guidelines

BY The Hoot| IN Law and Policy | 15/02/2009
The Bombay High Court admits a public interest litigation on TV news coverage during the Mubai siege, and the New Broadcasters Association comes up with more guidelines.
THE HOOT brings you both.

News Broadcasters Association, Specific Guidelines Covering Reportage

 

In furtherance of the principles of self-regulation as contained in NBA¿s Code of Ethics & Broadcasting Standards, the following Guidelines set-out specific standards which are to be adhered to by member-broadcasters.

 

Fundamental Standards

All reporting must be done keeping in view the following supervening criteria:

A. All news reporting must be done in "public interest".

B. Reporting should not sensationalise or create panic, distress or undue

fear among viewers.

C. ‘Content’ of matter broadcast should not be shown out of ‘context’.

D. Subjects which promote horror, supernatural, superstition, occultism,

exorcism, divination, and the paranormal should be avoided.

E. Broadcasters should exercise care and objectivity in featuring

activities, beliefs, practices, or views of any racial or religious group

in their content to prevent any negative impact thereof.

F. "Reconstruction" of events, when shown, should be clearly so

marked, and to be consistent with these Guidelines.

G. Broadcasters should eschew unhealthy competition that may lead to

deterioration of broadcasting standards.

 

1. Accuracy

1.1 Information should be gathered first-hand from more than one source, if

possible.

1.2 Reports received from news-agencies should be attributed and where

possible be verified.

1.3 Allegations should be reported accurately as made.

1.4 Use of archival material should be clearly labeled "file" and preferably also

state date and time of initial broadcast.

1.5 Errors of fact should be corrected at the earliest, giving sufficient

prominence to the broadcast of the correct version of fact(s).

1.6 Facts should be clearly distinguishable from, and not be mixed-up with,

opinion, analysis and comment.

 

2. Impartiality, Neutrality & Fairness

2.1 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.

2.2 In editing content, broadcasters should ensure that there is no distortion of

the facts and events being reported or of the views expressed.

2.3 Broadcasters should not use information or pictures obtained through

misrepresentation or deception. (For Sting Operation guidelines see

separate section below)

 

3. Law & Order, Crime & Violence

 

3.1 Content should not glamorize or sensationalize crime or condone criminal

actions, including suicide.

3.2 Content should not depict techniques of crime that may tempt imitation,

especially with reference to terrorism and suicide.

3.3 Reports on crime should not amount to prejudging or pre-deciding a matter

that is, or is likely to be, sub judice.

3.4 No publicity should be given to the accused or witnesses that may interfere

in the administration of justice or be prejudicial to a fair trial.

3.5 Identities of victims should not be disclosed in cases of sexual crimes and

violence on women and children.

3.6 The dead must be treated with respect. Close-ups of dead or mutilated

bodies should not be shown.

3.7 Violence must not be depicted solely for its own sake, or for its gratuitous

exploitation or to pander to sadistic or other perverted tastes. Scenes with

excessive violence or suffering such as close-up shots of persons being

subject to brutality, torture or being killed and visual depiction of such

matter should be avoided.

3.8 Broadcasters should not glamorize or in any way promote individuals,

groups or organizations that employ or advocate the use of violence or

engage in criminal / nefarious activity. Hooliganism, vandalism and all

forms of delinquency should not be shown in favorable light.

3.9 Live broadcast of sensitive and distressing material without prior scrutiny

by senior editorial personnel should be avoided.

 

4. Good Taste & Decency, Sex & Nudity

4.1 In selecting content, broadcasters should abide by current norms and mores

of decency and taste, in visuals, language and behaviour, keeping in mind

the context in which any visuals, language or behaviour occurs, including

the broadcast time, type of content, target audience, use of parental

advisories, cautions and content classification.

4.2 Content that contains violent or sexual material, crude, offensive, or coarse

language or other content likely to disturb or offend even a reasonable adult

viewer should be avoided.

4.3 Subjects dealing with incest and sexual abuse, especially of children, must

be handled with extreme care and sensitivity.

4.4 Combination of violence and sexuality designed in a manner that titillates

should not be shown.

4.5 Coverage of killings, including terrorist attacks, executions and

assassinations, should not be explicit or prolonged.

 

5. Privacy

5.1 Broadcasters should exercise discretion and sensitivity when reporting on

distressing situations, on grief and bereavement.

5.2 Persons should not be featured in content in a manner that denigrates or

discriminates against sections of the community on account of race, age,

disability, sex, sexual orientation¸ occupation, religion, cultural or political

beliefs.

5.3 Content that would cause unwarranted distress to surviving family

members, including by showing archival footage, should be avoided.

5.4 No information relating to the location of a person’s home or family should

be disclosed without permission from the concerned person.

5.5 Surreptitious recording of any person or event should only be made without

committing any illegality and if editorially justified.

5.6 Interviews of the injured, victims or grieving persons should be conducted

only with prior consent of the persons or where applicable their guardian.

 

6. National Security

6.1 Broadcasters should not disclose confidential information of operations

involving national security.

6.2 Broadcasters should use due discretion in reporting on operational methods

used by perpetrators of serious offences against the State during the

occurrence of the event.

6.3 Live interviews with perpetrators should not be aired.

6.4 Reporting of events which erodes public confidence in the capacity of

national institutions meant to protect them should be avoided during the

occurrence of the event.

6.5 Broadcasters should not reveal technical details of operations, to prevent

information relating to strategies and operations of security agencies

becoming known to the perpetrators.

 

7. Supernatural, Occultism & Paranormal

7.1 Subjects promoting horror, supernatural, superstition, occultism, exorcism,

divination, and the paranormal, which may be frightening to children should

be avoided.

7.2 Belief in superstition, occultism, exorcism, divination and the paranormal

should not be promoted.

 

8. Children’s Interests

8.1 Broadcasters should not screen content that would disturb or alarm children

or tend to have a deleterious effect on their psyche during their normally

accepted viewing times.

8.2 At other times, broadcasters should use appropriate parental advisories,

cautions and content classification. Content relating to or containing antisocial

behaviour, domestic friction, drug-use, smoking, alcohol-use, graphic

violence, menacing or horrifying imagery, sexual material, crude, offensive

or coarse language or other content that is likely to disturb, alarm or

otherwise affect the psyche of, or cause distress to, children should be

avoided.

 

9. Racial & Religious Harmony

 

9.1 Racial and religious stereotyping should be avoided.

9.2 Caution should be exercised in reporting content which denigrates or is

likely to offend the sensitivities of any racial or religious group or that may

create religious intolerance or disharmony.

 

10. Sting Operations

10.1 Sting operations should only be conducted in "public interest" and when no

other means is available to obtain the requisite information, without any

illegality or inducement and subject to the legitimate right to privacy.

10.2 Broadcasters should resort to sting operations only if editorially justified, for

exposing wrong-doing, particularly of the public facets of people in public

life.

10.3 No sting operation should be conducted except with the concurrence of the

person overall in-charge of editorial function; and the Managing Director

and/or the Chief Executive Officer of the broadcaster should also be kept

fully informed of any sting operation.

10.4 Sting operations should be so conducted as to obtain "evidence" of an

offence but not to induce "commission" of an offence.

 

February 10, 2009

 

 

The Hoot urges you to send feedback on these guidelines to  nbanewdelhi@gmail.com

 

PIL no. 56

 

The Petition

TO THE HONOURABLE CHIEF JUSTICE AND OTHER PUISNE JUDGES OF THE HIGH COURT AT BOMBAY.

My name is Vishal Dadlani. I was born in Bombay in 1973, and have lived here my whole life. I¿m a musician.

Just like the rest of the world, from the moment I learnt of the attacks, I stayed up watching television. I saw our local Police try to figure things out, I watched our valiant Officers Karkare, Salaskar and Kamte arrive, and almost immediately, lose their lives. I saw the NSG and Marcos arrive and started to watch each step of their operation, when suddenly, realization dawned! Over the next thirty or forty hours, I watched, helpless and frustrated, as our very own electronic media did things that seemed blatantly wrong to me.

What they were broadcasting in the name of the news, were in fact the exact operational procedures, locations, and actions of our anti-insurgency forces! Minute-by-minute!

I don¿t know anything about how the Armed Forces work, and I understand nothing of terrorist-strikes and the correct media procedures involved. There are a few questions I would like to bring up, and have answered, though.

1. Is it acceptable to us that what should have been a classified operation, was in fact an open book? Are we fine with the fact that terrorists inside the besieged buildings could have had real-time access to the same news channels that we did, thus giving them complete and thorough information about the actions of our forces? Is it condonable, that some of our men may have been placed at a disadvantage (and even killed) due to the fact that the very terrorists they were trying to locate and subdue, probably knew every detail of their positions and plans?

The electronic media may defend their position with the "Freedom of the Press" slogan that has been so often invoked, but I beg to differ. I think that in the absence of responsible self-censorship, the media must be instructed to act in a particular manner, as required by on-ground reality.

The TV channels may try and say that their "live" feeds are slightly delayed, thus reducing their relevance to the terrorists. However, consider a terrorist inside a building, who has no information as to how and from which direction the forces are approaching. Then, consider the same terrorist, a few minutes later, with complete details as to where the forces have entered from, and obviously, the direction of their approach.

It was approximately forty hours after the attacks began, (and I¿m told, on repeated requests from the I & B ministry) that some channels started to point their cameras away from the operations, and started to say things like "without giving away too much detail"! Too little, too late perhaps?

This was obviously a huge mistake. I think it¿s crucial that this blunder not be repeated, and to that effect, a code of conduct be created for the electronic media in times of national crisis.

The electronic media must not be allowed to show a live anti-terrorist operation until it is safely concluded! They must obey when they are told to disperse, and they must respect cordons created by the operating force.

2. Another question I¿d like to ask is whether it¿s correct, both morally and legally, for a TV channel to broadcast to the Nation, an alleged live phone call, purportedly from one of the terrorists. The perpetrators of a colossal crime against our Nation, being allowed to air their vitriolic propaganda on one of our own news channels! Does this seem wrong to anyone else?

3. Some TV channels also had "live-and-direct" phone conversations with guests within the hotels, in which the said guests divulge their locations and room numbers. I can¿t see the point, or the newsworthiness of this. Someone who has managed to get away to a relatively safe place, unknown to the terrorists, is made to give up his location. The guest, of course, assumes it will assist the rescue operation if he tells them where he is, but the TV channels broadcast this information, possibly even to the terrorists themselves. Is this OK by us? I sincerely hope not!

This is a time of great anger for India. We feel violated and hurt, we feel helpless and lost. Without credible leadership anywhere, we are left to our own devices. I think it¿s important, however, that we set aside our anger and our emotional responses, and with a calm and collected rationale, think of the things we can change to make our country safer for all of us to live in.

If we can all make or facilitate one change each, I think it will add up to making a huge difference! I ask all of you to join in and sign the following petition. Hopefully the Courts will take cognizance of our opinion, and help us to make this small change that will keep our Nation and the defenders of this Nation a little safer in any future eventuality of this nature.

PETITION TO THE HIGH COURT OF MUMBAI:

We, the undersigned, citizens of India, humbly pray for the following reliefs;

1. That this Hon¿ble Court call for the complete and unedited footage from all TV News Channels broadcasting the attacks ¿live¿, starting from 9:30pm on Wednesday 26th November 2008 and until the morning of Saturday the 29th November 2008 and examine the same by itself or through any appropriate agency as appointed by it, to investigate and determine the manner in which sensitive information pertaining to the movement of Counter-Insurgency Operations was broadcast ¿live¿.

2. That this Hon¿ble Court take cognizance of the broadcast of inflammatory propaganda (if any), on any such TV News Channels, and an appropriate Writ Order or Direction be passed by the Court against such TV News Channels as this Hon¿ble Court may deem fit and proper.

3. That this Hon¿ble Court make and issue such other Writ, Order and Direction as it may deem appropriate directing the Authorities to formulate a model Code-of-Conduct within a fixed time frame; that be made mandatory to the TV News Channels, to regulate the ¿Live¿ broadcast of such and similar eventualities and operations.

4. That this Hon¿ble Court make and issue such other Writ Order or Direction as it may deem appropriate in the matter.

Sincerely,

Vishal Dadlani

and

The Undersigned

 

(25188 signatories)

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