Lok Sabha Question No. 260 (UNSTARRED), answered on 2018-07-19
Subject: NBSA Guidelines for Reporting Women Related Cases
Ministry: INFORMATION AND BROADCASTING
Asked by: K.R.P. PRABAKARAN

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 260 TO BE ANSWERED ON 19/07/2018

## NBSA GUIDELINES FOR REPORTING WOMEN RELATED CASES

## 260.   SHRI K.R.P. PRABAKARAN:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether  News  Broadcasting  Standards  Association  (NBSA)  has  issued  any guidelines to TV channels on reporting women related cases;
- (b) if so, the details thereof;
- (c) whether the Government has also issued any guidelines to news channels and print media in this regard; and
- (d) if  so,  the  details  thereof  and  the  steps  taken  or  being  taken  to  ensure  that maximum sensitivity is exercised while reporting women related  cases?

## ANSWER

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

- (a) & (b): As part of self-regulatory mechanism, News Broadcasters Association (NBA) a  representative  body  of  news  and  current  affairs  channels  -  has  set  up  News Broadcasting  Standards  Authority  (NBSA).  NBA  has  formulated  a  Code  of  Ethics  & Broadcasting  Standards  covering  a  wide  range  of  principles  to  self-regulate  news broadcasting.    The  Code  of  Ethics  and  Broadcasting  Standards    lay  down,  inter-alia, principles of self-regulation on depiction of violence or intimidation against women and children, sex and nudity. NBSA has also issued guidelines on 07.01.2013 (available on NBSA  website  i.e.    www.nbanewdelhi.com)  on  reportage  of  cases  of  sexual  assault advising  member  channels,  that  in  reporting  on  cases  of  sexual  assault  on  women, victims of child abuse and juvenile delinquents, their privacy be respected. The name, photograph and other details that may lead to disclosure  of their identity or that of the family  shall  not  be  broadcast  or  divulged  and  that  news  channels  must  exercise sensitivity, discretion and sound judgment.
- (c)  &  (d):  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.    In  this  regard,  some  specific provisions made in the said codes are brought out as under:

- (a) Rule 6 (1) ( k) of the Programme Code provides that No programme should be carried in the cable service which denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals,
- (b) Rule 6 (2) of the Programme Code provides that the cable operator should strive to  carry  programmes  in  his  cable  service  which  project  women  in  a  positive, leadership role of sobriety, moral and character building qualities,
- (c) Rule 7 (2) (vi) of the Advertising Code provides that no advertisement shall be permitted which in its depiction of women violates the constitutional guarantees to all  citizens.  In  particular,  no  advertisement  shall  be  permitted  which  projects  a derogatory  image  of  women.  Women  must  not  be  portrayed  in  a  manner  that emphasises  passive,  submissive  qualities  and  encourages  them  to  play  a subordinate,  secondary  role  in  the  family  and  society.  The  cable  operator  shall ensure  that  the  portrayal  of  the  female  form,  in  the  programmes  carried  in  his cable service, is tasteful and aesthetic, and is within the well established norms of good taste and decency.

The  Ministry  has  set  up  Electronic  Media Monitoring  Centre  (EMMC) to monitor the content telecast on private TV channels with reference to the violation of Programme and Advertising Codes. An Inter-Ministerial Committee (IMC) has also been set up in the Ministry to take cognizance suo-moto or look into specific complaints regarding violation of Programme  and  Advertising Codes by private TV channels. The IMC has representatives  from  the  Ministries  of  Home  Affairs,  Defence,  External  Affairs,  Law, Women and Child Development, Health & Family Welfare, Consumer Affairs, Information & Broadcasting and a representative from the industry in Advertising Standards Council of  India  (ASCI).    The  IMC  meets  periodically  and  recommends  action  in  respect  of violation  of  Programme  and  Advertising  Codes  by  private  TV  channels . Appropriate action  is  taken  against  defaulting  TV  channels,  if  any  violation  of  the  Programme  and Advertising Codes is established.

Apart from this, the Ministry has also issued directions to States to set up District level  and  State  level  Monitoring  Committees  to  monitor  content  telecast  on  cable  TV channels.

In so far as Print Media is concerned, it is stated that in pursuance of its policy to uphold  the  freedom  of  press,  the  Government  does  not  interfere  in  the  functioning  of newspaper  industry.  However,  in  print  media,  the  Press  Council  of  India,  a  statutory autonomous  body  has  been  set  up  under  the  Press  Council  Act,  1978  with  twin objectives  to  preserve  the  freedom  of  the  Press  and  to  maintain  and  improve  the standards of newspapers and news agencies in India.

In  order  to  inculcate  principles  of  self-regulation amongst  the  press,  the  Council under section 13(2) of the Act, has framed 'Norms of Journalistic Conduct' for adherence by the media. Norm 17 the titled "Obscenity and vulgarity to be eschewed" is enclosed at Annexure .

The complaints of content in print media which are violative of the ethical norms of journalism,  public  taste  or  professional  conduct  are  adjudicated  by  the  Council  in exercise of its powers provided under section 14 of the Act. 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.

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## ANNEXURE

## ANNEXURE AS REFERRED TO IN PARTS (c) to (d) OF LOK SABHA UNSTARRED QUESTION No. 260  FOR 19.07.2018

## EXTRACT OF NORMS OF JOURNALISTIC CONDUCT

## 17. Obscenity and vulgarity to be eschewed

- i)  Newspapers/journalists  shall  not  publish  anything  which  is  obscene,  vulgar  or  offensive  to public good taste.
2. ii) Newspapers shall not display advertisements which are vulgar or which, through depiction of a woman in  nude  or  lewd  posture,  provoke  lecherous  attention  of  males  as  if  she  herself  was  a commercial commodity for sale.
3. iii) Whether a picture is obscene or not, is to be judged in relation to three tests; namely
- a) Is it vulgar and indecent?
- b) Is it a piece of mere pornography?
- c) Is its publication meant merely to make money by titillating the sex feelings of adolescents and among  whom  it  is  intended  to  circulate?  In  other  words,  does  it  constitute  an  unwholesome exploitation for commercial gain.

Other relevant considerations are whether the picture is relevant to the subject matter of the magazine.  That  is  to  say,  whether  its  publication  serves  any  preponderating  social  or  public purpose, in relation to art, painting, medicine, research or reform of sex.

- iv) A photograph or a painting is a work of art and the artist enjoys artistic liberty in its portrayal. However,  it  is  to  be  understood  that  a  work  of  art  is  enjoyed,  judged  and  appreciated  by  the connoisseurs. The pages of a newspaper may not be the most appropriate place for such painting.
- v) The globalisation and liberalisation does not give licence to the media to misuse freedom of the press and to lower the values of the society. The media performs a distinct role and public purpose which require it to rise above commercial consideration guiding other industries and businesses. So far as that role is concerned, one of the duties of the media is to preserve and promote our cultural heritage and social values.
- vi) Columns such as 'Very Personal' in a newspaper replying to personal queries of the readers must not become grossly offensive presentations, which either outrage public decency or corrupt public moral.

vii) The attempt of the press should be to ensure coverage that is in keeping with the norms of the society at large and not merely a few. It is also our duty to prevent the degeneration of culture and standards and press with its reach and impact carries an immense potential in moulding the psyche and thought process of a society.

viii)  The  Indian reader is much more mature and able to appreciate good journalism and in the long run, the attempts to copy the west by promoting the 'so-called popular permissiveness' may defeat the very aim of the paper to boost circulation.

- (ix)  The  newspaper may expose the instances of immoral activities in pubic places through its writings but with proper caution of restrained presentation of news or photographic evidence.