All You Need To Know About NDTV India Ban Order [Read The Order]

The ban on the telecast of the programmes of the television channel, NDTV India, for one day, has led to a huge uproar, involving freedom of expression, and the right to practise any profession, or to carry on any occupation, trade or business, as guaranteed by the Constitution, and the reasonableness of the restriction imposed on it, on the grounds specified in the Constitution.Also Read: Dialing 19(1)(a) For The 9/11 Ban On #NDTVINDIA by Namit SaxenaLivelaw explains here the nuts and bolts of the ban imposed on the channel, and the legal remedies the channel has, to challenge the ban.When was the order issued, by whom and what does it say? The order was issued on November 2, by the Union Ministry of Information and Broadcasting,(MIB) after considering the recommendation of its Inter-Ministerial Committee (IMC).It begins with the allegation that NDTV INDIA channel telecast news report on Pathankot terrorist attack on 4.1.16 at 12:25:46 - 12:31:25 hrs while the anti-terrorist operations were still underway.What exactly the report telecast by the channel said? The anchor of the channel narrated that a short while ago, some minutes ago, a press conference had been held by the NSG, Army and Airforce in which it was clarified that everything was safe and the operation was still on; killing of only 4 terrorists had been reiterated; and it was also told that the aim of the terrorists was to destroy the military helicrafts, helicopters, MIGs which were available there.Further, a crucial piece of information had been given out that there were two terrorists who could be hiding in the two-storied building situated in the area meant for Airforce personnel and who had been cornered there. The anchor then contacted the correspondent for further information. The correspondent gave away the information in Hindi, which has been reproduced in the order.Then the anchor asked the correspondent as to how much time would be taken to finish such kind of operation in a big airbase, to which, the correspondent divulged sensitive information (reproduced in Hindi).Then the correspondent further recounted that as per Army, the remaining two terrorists had been cornered in a small area, in a building and who would be killed soon, or say, would be eliminated in a blast; but it would not be so simple; and thereafter, it would be declared when the operation would be over and when the entire area could be sanitised; every inch could be sanitised; and there is no chance that any terrorist would be alive; at this point, the anchor posed another question in Hindi, and the correspondent too answered in Hindi, which are reproduced in the order.What does the order allege specifically? It alleges that while reporting on the operation, NDTV India gave away information on the ammunition stockpiled in the airbase, MIGs, fighter planes, rocket launchers, mortars, helicopters, fuel tanks which was likely to be used by the terrorists themselves or their handlers to cause massive harm not only to the national security, international standing of the country but also life of civilians and defence personnel.Another allegation is that the channel also gave details of school and residential areas located in the airbase which could have been used by the terrorists or their handlers to cause violence to the innocent lives in the school and the residential area.“Telecast of such strategically-sensitive information was also likely to be used by the perpetrators to put impediment in the counter-operations carried by the security forces”, the order says.Lastly, the order alleges that the aforesaid news report appeared to violate Rule 6(1) (p) of the Programme Code under Cable TV Network Rules, 1994.What does Rule 6(1)(p) say?No programme should be carried in the cable service which contains live coverage of any anti-terrorist operation by security forces, wherein media coverage shall be restricted to periodic briefing by an officer designated by the appropriate Government, till such operation concludes.Explanation: For the purposes of this clause, it is clarified that “anti-terrorist operation” means such operation undertaken to bring terrorists to justice, which includes all engagements involving justifiable use of force between security forces and terrorists.Was the NDTV India given an opportunity to defend itself before the ban was enforced?Yes. A Show Cause Notice (SCN) dated 29.1.16 was issued to NDTV India asking it to show cause within 15 days from receipt of the communication as to why action as per the provisions of Uplinking/Downlinking Guidelines, the terms and conditions of the permission granted and the provisions of Section 20 of the Cable Act should not be taken against it.How did NDTV India respond to the notice? The channel, vide its letter dated 5.2.16, submitted that its coverage of the Pathankot terrorist attack was entirely balanced and responsible, even in this particular broadcast. The channel explained that at a time when certain sections ...

All You Need To Know About NDTV India Ban Order [Read The Order]

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