含羞草社区

The News Broadcasters & Digital Association (NBDA) recently brought digital news and media publishers under the authority of its self-regulatory body, the News Broadcasting & Digital Standards Authority (NBDSA). In June 2024, the NBDA issued a press release announcing amendments to the News Broadcasting & Digital Standards (regulations). These are some of the key changes.

New definitions are included. Digital news media means digitised news content that can be transmitted over the internet or computer networks and includes content received, stored, transmitted, edited or processed by a digital publisher. Digital publisher includes a news portal, news aggregator, news agency and any other entity engaged in publishing news and current affairs content on digital news platforms, OTT platforms, social networking sites and social media. Digital news platforms are those that facilitate the transmission of digitised news content over the internet or computer networks including social networking sites or social media. OTT platforms facilitate the transmission of any programme, feature, news item, news report or any other matter over the internet or computer networks on demand.

The regulations require broadcasters, as defined under the regulations, and now digital publishers to adhere to the NBDA’s of Ethics and Broadcasting Standards (code). They further provide any person, organisation or even the government, if aggrieved by the content of any broadcast or publication, the means to file a complaint.

The regulations also allow for the NBDSA to initiate proceedings on its own initiative in cases requiring immediate remedial action due to public interest or at its own discretion. In such cases, the NBDSA is empowered to issue notices or act on matters relating to the breach of the code or non-compliance with the regulations without waiting for a complaint to be filed. The NBDSA is free to adopt its own procedure when dealing with such matters and need not follow the two-tier redress process under the regulations. That process provides that a complaint is first to be made to the member, and only if such complaint is not addressed can a complaint be made to the NBDSA. If a matter is taken up of its own volition by the NBDSA, it is required to issue a notice to the broadcaster or digital publisher within three days to allow them an opportunity to explain.

The regulations also provide the NBDSA with independent emergency powers in the event of repetitive or blatant violations of the code of conduct in any telecast or publication by any member of the NBDA. In such cases, the NBDSA is permitted to issue interim directives, including directions to remove content, without following the redress procedures provided in the regulations. In such emergency situations, the NBDSA is required to convene a meeting within 24 hours to determine the action required to be taken. After the giving of any interim directions, an aggrieved broadcaster or digital publisher has the right to apply to the NBDSA to address its grievance.

The NBDSA is empowered to warn, admonish, censure, express its disapproval and levy fines on broadcasters and digital publishers. If the NBDSA believes a broadcaster or digital publisher has violated the code of conduct, it may under regulation 7.1 impose penalties in a three-level violation system having satisfied itself in accordance with the process in the regulations.

For a first, second or third violation, the NBDSA may issue or express a warning, admonishment, censure, disapproval, regret or apology. It may also fine the broadcaster or digital publisher up to INR200,000 (USD2,400) on a first breach. A second violation allows the NBDSA to issue a fine of up to INR500,000. A third transgression attracts a fine of up to 1% of the channel’s annual turnover and such a fine must not exceed INR2.5 million.

A third violation allows the NBDSA to direct the broadcaster or digital publisher to remove immediately or suitably edit the broadcast or publication. It may suspend a particular programme for up to a week; direct the broadcaster to suspend the anchor for up to a month, and recommend suspending or revoking the broadcaster’s licence.

The regulations aim to deal with the changing media landscape and to meet the growing demand to monitor digital media and news content more effectively.

Ashima Obhan is a senior partner and Vrinda Patodia is a partner at Obhan & Associates.