NBSA Directs 'Times Now' To Air Public Apology For Objectionable Remarks Against Activist Sanjukta Basu [Read Order]

The News Broadcasting Standards Authority (NBSA) on Saturday directed Times Now TV channel to air a public apology to author and activist Sanjukta Basu for passing objectionable remarks against her during a TV debate in 2018.The Regulator was delivering its decision on a complaint dated 25.3.2019 received from Ms. Basu against Times Now channel regarding programmes titled "India Upfront" at 8 pm and "News Hour Debate" at 9 pm on 6.4.2018. Not being satisfied with the reply dated 16. 5.2018 received from the broadcaster to her Legal Notice, the complainant had escalated the complaint to the NBSA, which is the second level of complaint redressal.BREAKING : NBSA acts against TIMES NOW News Broadcasting Standards Authority directs 'Times Now' @TimesNow to air a public apology on October 27 for passing objectionable remarks against activist Sanjukta Basu @sanjukta in a channel debate in 2018. pic.twitter.com/m7xobhCla0— Live Law (@LiveLawIndia) October 25, 2020 Screengrabs of the objectionable show The complainant vide email dated 25.3.2019, stated that she wishes to register a grievance against Times Now for running a defamatory program against her on 6th April 2018, violating the Guidelines on Broadcast of Potentially Defamatory Content, basic Guidelines No.5, No.8 and others. She also forwarded the two links of the two hour programmes run by Times Now in which she was addressed derogatory remarks such as "Hindu hater,""vile troll", and it was further insinuated that she was recruited by a certain politician to make politically motivated tweets giving the impression that she was taking money or some other benefits .The complainant had stated that she explained to the broadcaster that it was incorrect in attacking her name, reputation and integrity for the TRP's of its political program, and requested for an apology, which was not complied to by the broadcaster. In reply, again she was again called a "vile troll". She also stated that the channel did not contact her to obtain her version before running the programs which is a violation of Guideline No. 8 of Guidelines on Broadcast of Potentially Defamatory Content, and the broadcaster didn't verify all facts which is in violation of Guideline NO.5.NBSA at its meeting held on 28.3.2019, considered the complaint, response from the broadcaster and also viewed the broadcast. NBSA noted that the photograph of the complainant was shown and the anchor described her as "Hindu hater" and "vile troll" and observed that the complainant was part of Rahul's "troll army". NBSA was of the prima facie view that there was absence of neutrality as the complainant was not given an opportunity to rebut or give her version in the said programs, which would amount to a breach of the Specific Guidelines Covering Reportage relating to Accuracy, Impartiality, Objectivity and Neutrality & Fairness. 2.1 which states that ('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" and Guidelines on Broadcast of Potentially Defamatory Content, basic Guidelines No.5, No.8 and 9).NBSA therefore, decided to call both parties for a hearing on 1.5.2019. NBSA also decided to convey to the broadcaster that in case it desired to submit any further documents in its defence, it may do so within seven days of receipt of the communication calling both parties for a hearing. However, in view of the difficulty expressed by the broadcaster to attend the hearing on 1.5.2019, which reason was accepted by NBSA, the hearing was postponed to the next meeting of the NBSA on 23.9.2019.Considering the oral as well as written submissions of both the sides, the Authority said that there were allegations and counter allegations of varied nature: "Whereas the complainant alleges that the programmes in question were derisive, defamatory, judgemental and derogatory in nature and had undermined her reputation in the society, broadcaster has denied the same"."The broadcaster has also given its own version of the said programme and highlighting the purpose and focus thereof, with specific remarks that the complainants was neither the focal point nor the target of these programmes. The broadcaster has also taken a plea that the complainant has herself accepted that she is a public figure and and in that situation, it is open to any person, including the broadcaster to form a bona fide view about her activities/ opinions and inform the public about the same", noted the former Supreme Court judge, Justice A. K. Sikri, Chairperson, NBSA.The Authority observed that it is channel's argument that this is permissible in view of the law laid down by the Supreme Court and the Delhi High Court inasmuch as form criticism of a public person is permissible so long as it is not out of malice."It may be clarified at the outset that NBSA is not supposed to go into the realm of the...

NBSA Directs 'Times Now' To Air Public Apology For Objectionable Remarks Against Activist Sanjukta Basu [Read Order]

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