Lok Sabha Question No. 1824 (UNSTARRED), answered on 2018-12-20
Subject: Violation of Laws by Media Organisations
Ministry: INFORMATION AND BROADCASTING
Asked by: PINAKI MISRA, ASADUDDIN OWAISI

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 1824 TO BE ANSWERED ON 20.12.2018

## VIOLATION OF LAWS BY MEDIA ORGANISATIONS

## 1824.  SHRI PINAKI MISRA: SHRI ASADUDDIN OWAISI:

## Will the Minister of INFORMATION AND BROADCASTING be pleased to state:

- (a) whether  in  the  recent  past  some  of  the  Media  Organisations/Houses  have  violated  the rape-laws  by  disclosing  the  identity  of  the  rape  victims/survivors  and  if  so,  the  details thereof;
- (b) whether the Press Council of India (PCI) has limited power to take any stringent action or initiate criminal prosecution, and if so, the details thereof;
- (c) whether the Government has taken any action against the Media Organisations/Houses or the Reporters/Journalists for having violated the rape laws and if so, the details thereof and the action taken thereto;
- (d) whether the Government proposes to prohibit such Reporters/Journalists and the Media Organisations/Houses for violating rape-laws by amending the present laws; and
- (e) if so, the details thereof and the steps taken/being taken by the Government thereto?

## ANSWER

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

(a) & (b): Complaints  in  respect  of  content  in  print  media  which  are  violative  of  the prescribed ethical norms of journalism, public taste or professional conduct are adjudicated by the Press  Council  of  India  (PCI)  in  exercise  of  its  powers  vested    under  section  14  of  the  Press Council Act, 1978.   As per section 14 of the Act read with Press Council (Procedure of Inquiry) Regulations,  1979,  the  Council,  after  holding  an  inquiry,  may  warn,  admonish  or  censure  the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist as the case may be.

(c) to (e): Adjudication rendered by Press Council of India during last  3 years in respect of Print media is as per the  details enclosed at Annexure I . Details of action taken by this Ministry in respect of Electronic media  regarding disclosure of identity of rape victims/sexually assaulted victims during the last three years and the current years are enclosed as Annexure II .

## Annexure referred to in reply to the part (c) to (e) of the Lok Sabha Unstarred Question No. 1824 due for reply on 20.12.2018 asked by Shri Pinaki Misra and Shri Asaduddin Owaisi regarding 'Violation of Laws by Media Organisation'.

1.      Complaint  of  Ms.  X  (Name  withheld  to  protect  identity),  Chandigarh  against  the  editor, Dainik  Bhaskar,  Chandigarh  wherein  her  name  as  a  rape  victim  was  disclosed.  the  Council Censured the respondent editor, Dainik Bhaskar, Chandigarh.

2.      Complaint  of  Member,  NCPCR against the editor, Dainik Bhaskar,  Bhopal   for disclosing the name of a minor boy (victim of sexual abuse). The Council Censured the respondent, Dainik Bhaskar, Bhopal.

3.     The Council took suo-motu action in Kathua rape case and issued Show Cause Notices to the respondents but the Hon'ble High Court in its order dated 18.5.2018 "pending further orders in the present  writ  petition  and  pending  consideration  of  the  responses  to  the  notices  to  show  cause issued by this Court, there shall be stay of proceedings initiated by  the Press Council of  India against   the  respondents,  premised  on  the  cognizance   by  this  court".  The  proceedings  in  the matter was dropped in view of Hon'ble Court order.

## ANNEXURE-II

## Annexure referred to in reply to the part (c) to (e) of the Lok Sabha Unstarred Question No. 1824 due for answer on 20.12.2018 asked by Shri Pinaki Misra and Shri Asaduddin Owaisi regarding 'Violation of Laws by Media Organisation'.

Details  of  action  taken  by  Ministry  of  Information  and  Broadcasting  regarding  disclosure  of identity of rape victims/sexually assaulted victims during the last three years and the current year

## Year - 2015

|   S.No. | Name of the Channel   | Details of content telecast on TV channels                                                                       | Details of action taken                               |
|---------|-----------------------|------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------|
|       1 | A2Z News TV           | The Channel telecast news reports on various date and revealed the identity of sexually assaulted minor victims. | A warning dated 07.08.2015 was issued to the channel. |

Year- 2016

|   S.No. | Name of the Channel   | Details of content telecast on TV channels                                    | Details of action taken                          |
|---------|-----------------------|-------------------------------------------------------------------------------|--------------------------------------------------|
|       1 | MBC TV                | Telecast of news report revealing the identity of sexually assaulted victims. | A warning dated 29.11.2016 issued to the channel |

Year - 2018

|   S.No. | Name of the Channel               | Details of Content telecast on TV channels                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       | Details of action taken                                                                                                                                           |
|---------|-----------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|       1 | All private satellite TV channels | The Hon'ble Supreme Court of India in the matters of Miscellaneous Application No.2069 of 2018 in WP (C) No. 473 of 2005 filed by Sampurna Behura Vs UOI & Ors. in the issue of recent alleged rape and abuse of children in the Government funded Children's Home run by the NGO called Sewa Sankalp Evam Vikas Samiti passed an order dated 2.8.2018 giving following directions: 'In the interest of the minor girls, we restrain the Electronic Media from telecasting or broadcasting the images of the girl even in a morphed or blurred form. We request the media not to interview the minor girls. This | A letter dated 3.8.2018 was issued to private satellite TV channels to ensure strict compliance with the said order passed by the Hon'ble Supreme Court of India. |

|    |                                   | request is being made in the interest of minor girls. News of the events may, of course, be disseminated but the interests of the minor girls should be kept in mind.'                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |                                                                                                                                                                    |
|----|-----------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  2 | All private satellite TV channels | The Hon'ble Supreme Court of India in the matters of Miscellaneous Application No.2069 of 2018 in WP (C) No. 473 of 2005 filed by Sampurna Behura Vs UOI & Ors. in the issue of recent alleged rape and abuse of children in the Government funded Children's Home run by the NGO called Sewa Sankalp Evam Vikas Samiti passed an order dated 7.8.2018 giving following directions: ' We expect the electronic, print and social media to ensure that the photographs of the victims of sexual abuse anywhere should not be displayed either in morphed or blurred form for the safety, mental and physical health of the victims and in public interest.' | A letter dated 31.8.2018 was issued to private satellite TV channels to ensure strict compliance with the said order passed by the Hon'ble Supreme Court of India. |