Lok Sabha Question No. 1335 (UNSTARRED), answered on 2016-11-23
Subject: Case of Ban a Telecast
Ministry: INFORMATION AND BROADCASTING
Asked by: NITYANAND RAI, BALASUBRAMANIAM SENGUTTUVAN

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 1335 TO BE ANSWERED ON 23/11/2016

## CASE OF BAN A TELECAST

## 1335. SHRI NITYANAND RAI:

## SHRI B. SENGUTTUVAN : Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether  the  Government  has  directed  the  national  television  NDTV  24x7  news channel  to  go  off  the  air  for  a  day  for  its  coverage  disclosing  strategic  sensitive information on the location of ammunition stores, the residential quarters, school and the hideout of the terrorists etc. during the offensive of the Indian forces against the terrorists who attacked the Pathankot air force base some time back;
- (b) if  so,  the  details  of  the  order  of  the    Ministry  banning  the  telecast  of  NDTV programmes for a day;
- (c) whether  in  the  opinion  of  the  Ministry,  the  contents  of  the  coverage  by  the  NDTV needlessly divulged sensitive information compromising the national security endangering the lives of security personnel as well as the civilians and the safety of security assets;
- (d) whether the order imposing ban on the telecast of the programme of the NDTV for a day was taken by the inter-ministerial  committee  that  reviewed  the  contents  of  the programme and if so, the details thereof; and
- (e) whether due opportunity was given to the national NDTV channel to offer its explaination and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF INFORMATION & BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]

(a) &(b): As per existing regulatory framework, all programmes and advertisements telecast on  private  satellite  TV  channels  and  transmitted/re-transmitted  through  the  Cable  TV network   are required to adhere to the Programme Code  and Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995 and Cable Television Network Rules,  1994  framed  thereunder.    The  Act  does  not  provide  for  pre-censorship  of  any programme  or advertisement telecast on such TV channels.   These Codes contain a whole range  of  parameters  to  regulate  content  on  such  TV  channels.  Rule  6(1)(p)  of  the Programme  Code  provides  that:  '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. Expanation- 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'

An Inter-Ministerial Committee (IMC) has been set up in the Ministry to look into the specific  complaints  or  suo-motu  take  cognizance  against  the  violation  of  Programme  and Advertising  Codes.  IMC  has  representatives  from  the  Ministry  of  Home  Affairs,  Defence, External  Affairs,  Law,  Women  and  Child  Development,  Health  and  Family  Welfare, Consumer Affairs and a representative from the industry in Advertising Standards Council of India  (ASCI).    Appropriate  action  is  taken  as  per  Cable  Television  Networks  (Regulation) Act, 1995, if any violation of the said codes is established.

It  came  to  notice  of  this  Ministry  that  NDTV  INDIA  channel  while  reporting  on Pathankot  terrorist attack on  4.1.2016  at  12:25:46  -12:31:25  hrs  disclosed  sensitive information  well  beyond  the  briefing  given  by  designated  officers    while  the  anti-terrorist operations were still underway, which was prima facie found in violation of Rule 6(1)(p) of the Programme Code. Therefore, a Show Cause Notice (SCN) dated 29.1.2016 was issued to NDTV INDIA.    In its reply, NDTV India channel, vide letter dated 5.2.2016, submitted, interalia,  that  their  coverage  of  the  Pathankot  terrorist  attack  was  entirely  balanced  and responsible. The  matter  was  placed  before  Inter-Ministerial Committee  (IMC)  for  its consideration on 25.7.2016. The IMC concluded that while covering anti-terrorist operation during Pathankot terrorist attack, NDTV India channel had not shown restraint, responsibility and sensitivity and revealed strategically-sensitive details in violation of Rule 6(1)(p) of the Programme Code which could have adversely impacted the situation at that time. For the first  offence,  the  channel  can  be  prohibited  for  transmission  for  maximum  30  days  as  per uplinking/downlinking  guidelines.  However,  IMC  recommended  to  take  NDTV  India  TV channel off-air for  at  least  one  day.  In  a  previous  instance,  one  News  and  Current Affairs channel 'Janmat' had been awarded prohibition of transmissions for 1 month (20.09.2007 to 20.10.2007).  IMC  recommendations  were  accepted  by  the  competent  authority    and  the Ministry issued an order dated 2.11.2016 to prohibit the transmission or re-transmission of NDTV India channel for one day on any platform throughout India with effect from 00:01 hrs on 9 th November, 2016 till 00:01 hrs  of 10 th November, 2016 with the approval of competent authority.  Copy  of  the  order  is  available  on  Ministry's  website  i.e.  www.mib.nic.in.  NDTV channel submitted a representation dated 7.11.2016. Pending examination of the representation, an abeyance order was issued to NDTV India  on 7.11.2016.

(c):  It was observed that the information given by the TV channel, while the operation was still  underway,  was  neither  based  on  nor  limited  to  the  information  given  in  the  media briefing by the designated officers as required under Rule 6(1)(p) of the Programme Code. It was further noted with grave concern that this was a matter of national security; that the channel had revealed sensitive details like location of ammunition depot viz-a-viz the place where the terrorists were holed up, location of school and residential areas. As the operation was  still  going  on,  such  crucial  information  could  have  been  readily  picked  up  by  their handlers, which had the potential to cause massive harm not only to the national security, but also to lives of civilians and defence personnel.

(d) & (e): Already explained in reply to parts (a) and (b) above.

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