'Don't Promote Homophobia Or Transphobia' : NBDSA Issues Guidelines To TV Channels On Reporting LGBTQIA+ Issues

The News Broadcasting & Digital Standards Authority (NBDSA) has issued comprehensive guidelines urging media platforms to broadcast information about the LGBTQIA+ community with accuracy, objectivity, and sensitivity.This move follows a complaint lodged by activist Indrajeet Ghorpad regarding a program aired by India Today titled "Nudity sparks outrage at USA pride parades - How India's LGBTQ+ lead Responsibly," which allegedly contained factual inaccuracies and aimed to spread fear and demonize LGBTQ+ individuals.Ghorpade's complaint highlighted that the program portrayed pride parades in the United States in a negative light, contrasting them unfavourably with those in India.While asking the channel to expunge the objectionable remarks or remove the video totally, the NBDSA, headed by former Supreme Court judge Justice AK Sikri, issued a set of guidelines.NBDSA noting that since several complaints concerning reporting on the LGBTQIA+ community have been received and in order to take care of the sensitivity of the issue and bring objectivity while broadcasting such issues, it deemed appropriate to issue the following Guidelines to the Members of NBDA:“Apart from following the Code of Ethics & Broadcasting Standards and Guidelines, Members while broadcasting on issues concerning the LGBTQIA+ community, must adhere to the following guidelines: -1. That the Specific Guidelines Covering Reportage, state that "Reporting should not sensationalise or create panic, distress or undue fear among viewers." Therefore, in view of the aforementioned Guidelines, Broadcasters must avoid broadcasting any news which sensationalizes the issues related to LGBTQIA+ community, perpetuates stereotypes or creates undue fear in respect of the community.2. That the Guidelines for Prevention of Hate Speech, require Editors, Editorial Personnel, Anchors, Journalists and Presenters to refrain from "Using any and all forms of expression which, when judged contextually, targets, vilifies, ridicules, dehumanizes, reinforces prejudices or stereotypes and/ or advocates violence or engenders hatred against any individual and/ or communities based on their religion, gender, race, national or ethnic origin and/ or sexual orientation." In View of the aforementioned Guidelines, Broadcasters must refrain from using any expression or slurs which may be construed as Hate Speech against the LGBIQIA + community. While reporting any issue concerning the LGBTQIA+ community, broadcasters must ensure that reporting does not promote homophobia or transphobia or negative stereotypes about the LGBTQIA+ community.3. That the Code of Ethics & Broadcasting Standards requires as a rule that "channels must not intrude on private lives, or personal affairs of individuals, unless there is a clearly established larger and identifiable public interest for such a broadcast." That apart, privacy is also treated as a Fundamental Right of every citizen by the Hon'ble Supreme Court and therefore needs to be honored. In view of the above, broadcasters must respect the privacy of LGBIQIA+ individuals and not disclose the personal information, including gender identity or sexual orientation of a person without their consent.4. That since news media has the most potent influence on public opinion, broadcasters while reporting on any member of the LGBTQIA+ community must endeavor to use inclusive and gender-neutral language, respect the individuals' preferred pronouns and names.5. That as far as possible, broadcasters while reporting on any issue concerning the LGBTQIA+ community must strive for diverse representation and ensure that voices from different segments of the LGBTQIA+ community are provided a platform to express their views.”NBDSA directed that the aforementioned Guidelines to be circulated amongst the Members and Editors of NBDA for strict compliance.Details of the complaintThe complainant further submitted that the NBDSA Guidelines very clearly state that the tone of the anchor or participants cannot be a defense in the event that the language, words, terms promote hate speech against a particular community. In view of the same, merely because the anchor at the end of the broadcast praised the pride. parades organized in India the same cannot mitigate the impact of the first half of the broadcast, wherein the anchor essentially went on a rant and gave unsubstantiated and baseless examples to defame an entire community, the complainant stated.The complainant submitted that the broadcaster had relied on several historically used negative stereotypes. He submitted that the anchor, while talking about Pride rallies in the United States, aired a video which was not from the Pride rally but was from a function hosted by the White House and was therefore inaccurate. The complainant submitted that by being judgmental the channel had violated the Guidelines for Prevention of Hate Speech and the Guidelines on Broadcast of Potentially Defamatory Content. He submitted that ...

'Don't Promote Homophobia Or Transphobia' : NBDSA Issues Guidelines To TV Channels On Reporting LGBTQIA+ Issues

Bhavya Singh

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