New Delhi: The self-governing News Broadcasting Standards Authority (NBSA) has directed the TV channel Aaj Tak to pay a fine of Rs 1 lakh for broadcasting fake tweets related to actor Sushant Singh Rajput.
The NBSA is an independent body that was set up by the News Broadcasters Association (NBA) with the mandate to consider and adjudicate upon complaints about broadcasts. The NBA is a private association of different current affairs and news television broadcasters and has 27 members who represent 70 channels.
In an order dated October 6, the authority, acting on complaints received from viewers, took action against Aaj Tak and other news channels Zee News, News 24 and India TV, whose programmes or ticker feeds on the death of Rajput were found to have violated the guidelines or provisions of the NBA’s Code of Ethics.
The media’s reportage of the actor’s death has come under the scanner, with the coverage being described as “hyper-personalisation; loud, sensationalism; rupturing the private-public separation with voyeuristic intent”.
According to LiveLaw, the NBSA received a complaint against Aaj Tak for purportedly “manufacturing” certain fake tweets and reporting them as the actor’s last tweets. The NBSA considered the complaint and felt that the broadcaster should have conducted due diligence and verification before telecasting the tweets and not after doing so. “Due diligence is a basic tenet and requirement of journalistic ethics and telecasting the tweets without verification had the tendency of spreading misinformation amongst the public,” the body said.
Apart from directing the channel to pay Rs 1 lakh as fine, the NBSA also asked the broadcaster to air an apology.
In another complaint, the body censured Aaj Tak, Zee News and News 24 channels for running insensitive tag lines about the actor’s suicide. These tag line had the effect of violating the privacy, affecting the dignity of the deceased, sensationalising the matter and the order says. The NBSA asked the three channels to air an apology and censured Aaj Tak for its tag lines. The three broadcasters were warned not to telecast such taglines in the future.
‘Egregious violation’
A third complaint was registered against News Nation, Aaj Tak, ABP Majha and India TV channels for showing images of Rajput’s dead body and reported explicit details of the manner of death. The NBSA decided to let News Nation off with a warning after it “profusely regretted” the telecast and assured the body that such a violation will not be repeated in the future.
However, the broadcasts of Aaj Tak and India TV were found to be “egregious violations” of guidelines, in particular for the manner in which the images of Rajput’s body were shown, asking them to air apologies.
As ABP Majha did not show close-up images of the dead body, the NBSA issued a warning to it, asking the channel not to repeat the violation in future.
In the fourth complaint, the authority found that Aaj Tak violated the NBA’s guidelines on privacy when reporters barged into the house of Rajput’s parents and began asking questions to his family members, who were shocked and in a grieving state.
A similar complaint was also made against ABP News channel, which interviewed Rajput’s cousin. The NBSA decided to warn the channel as the cousin “voluntarily” gave an interview.
The NBSA chairperson Justice (Retired) A.K. Sikri directed that the videos of the programmes which were found to have violated the guidelines should be removed from the website of the broadcasters, YouTube or other links.
Privacy, accuracy and ethics
Civil society organisations have criticised the hysteria and innuendo with which an overwhelming part of the media has covered the death of Sushant Singh Rajput. News channels have been accused of witch hunts, sensationalism and conducting a media trial, with Rhea Chakraborty, the actor’s partner, becoming the target of rumours and accusations.
In an editorial published on August 29, The Wire said:
“Whatever dubious information this process [of anchors serving as judge, jury and executioner] has produced has been presented to the public as hard fact, without a shred of evidence. The Indian viewer is used to this level of media hysteria, of course, but if and when the history of media transgressions is written, #SSR will surely make it to the top three cases in recent times.”
In its observations, the NBSA also reminded the broadcasters that while news channel have a duty to report news which may be in public interest, “it is equally important to present the news in a manner which does not violate the privacy of the dead nor sensationalise a tragic incident. It is important that the dead must not be subjected to unnecessary media glare.”
The authority also noted that while freedom of speech is guaranteed by Article 19(1)(a) of the constitution, the Article also allows for reasonable restrictions. Saying that privacy has been recognised by the Supreme Court as a fundamental right, the NBSA said this right is also extended to dead persons.
“Apart from conforming to accuracy, impartiality and objectivity, neutrality the broadcasters are also not supposed to violate the privacy of a person or sensationalise news,” the order reads.
The NBSA’s order also mentions that it has jurisdiction to entertain complaints only in regard to those broadcasters who are members of the NBA. “There may be certain broadcasters who are non-members, and therefore, complaints against them could not be considered by the NBSA,” it said.
In July 2019, Republic TV exited the NBA and joined the News Broadcasters Federation, a newly formed body to which its editor-in-chief Arnab Goswami was elected as president. The channel left the NBA after the NBSA found the channel in violation of the code of ethics for “browbeating” a Muslim panellist into saying ‘Bharat Mata ki Jai’.
If you know someone – friend or family member – at risk of suicide, please reach out to them. The Suicide Prevention India Foundation maintains a list of telephone numbers (www.spif.in/seek-help/) they can call to speak in confidence. You could also refer them to the nearest hospital.