hurt his sentimenti and portray bad image of his person in society

No. 804/105/2014-BC-lll
GOVERNMENT OF INDIA
MINISTRY OF INFORMATION & BROADCASTING
.A' WING, SHASTRI BHAWAN
NEW DELHI - IIOOO1
Dated the 27tn March,2015
ORDER
WHEREAS
it had been brought to the notice of the Ministry of Information and
Broadcasting that ihe channel 'TV 9' had telecast a political satire targeting Chief Minister
of Telangani in a programme titled 'Bullet News' at 08:42:09 hrs on 12-06-2014.
WHEREAS this satire was based on chief Minister's promise to implement the 'Free
Education from KG to PG' scheme in the State. In the programme, a lady anchor
comments on him by saying, "Telangana People will hold his neck and they will kill him, if
he goes outside withoui security. People will beat him while pouring chili powder in 6is
Nuv- Randras (Nine holes of body)..... if he does not implement the Free Education" The
comments made by the anchor appeared highly objectionable and indecent; and likely to
hurt his sentimenti and portray bad image of his person in society- By making such
comments the channel appeared to defame the Chief Minister of Telangana'
wHEREAS the channel had also telecast another episode of the said programme targeting
the Telangana congress MLAS over their defeat in the Assembly election on 12.06.20.14
al2o..46:07 hrs. The anchor of the programme satirized the defeated congress MLAS by
saying that they should not think that persons who lost in elections will only sit silently and
ptjy s--atires because Congress persons who lost in Telangana are saying that they will not
lit idt". T"trngrna Congr6ss MLAs are saying that they will fight more than Ghallnl in the
Assembty. Thiy are giving warnings, "lf your (the TRS party) does not fulfill your.election
promisei, we itetanganJ congress MLAs) will peel- off your skin. lf you step back on
Folavaram (lnigation Project), we will kill you with knife and bury you "
WHEREAS during the programme the channel run a voice over that "Those who failed in
third standard ar6 saying tn"t they will now go and write medical exams. They did not
prepare wett for the elJctions and played children games like golikaya, katchakaya'
gillidanda...."
WHEREASthechanne|te|ecastanapo|ogyWithregardtotheaboveprogrammeon
13.06.2014. However the apparent violationS were of serious nature and an apology run on
the
the next day did not appear to absolve the channel of their responsibility of complying to
codes at all times.
be
WHEREAS the content of the said programmes telecast by TV-g channel appeared to
in violation of Rule 6(1)(a), (d), (e) & (i) of the Programme Code'
WHEREAS a show cause notice (scN) was issued to TV-9 Channel on 14.08.2014 for
the alleged violation of the Programme Code
WHEREAS, responding to the scN, the channel, vide its letter dated 25.08.2014,
submitted, inter-alia, th;t the Ministry's SCN was illegal, arbitrary, unreasonable..and
viotative oi articles 19 (1) (a), 19 (t) (g) and 300 A of Constitution of lndia. The allegations
"Telangana People
contained in the SCN that, the programme contained such contents as
People will
security
without
will hold the neck of ... and they will kill him, if he goes outside
.."
beat ...while pouring chili powier in his Nuv Randras (Nine holes of body). was found
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to be obscene and indecent were not true and correct. The allegations that the comments
made by anchor were highly objectionable as they appeared slanderous and based on
mere conjecture and not facts and some comments had the potential to incite violence
were also absolutely false, according to them. They stated that the allegations that the
programme titled, 'Bullet News'targeted the Telangana legislators by giving warnings,etc.
was also absolutely false and devoid of true translation according to their dialects and
accents. They further stated that the translation given in the SCN was devoid of merits,
subtext, context, dialects and nuances of Telugu language. The channel also submitted
that the'Bullet News'was a comedy and political satire in nature and was only shown in
good faith, bonafide and in public interest. The channel further submitted that they have
tendered unconditional apology and stopped the Bullet News programme immediately.
WHEREAS an opportunity for a personal hearing was afforded to the channel to present
their case before the IMC on 18.9.2014. The representatives of the channel stated that
that they had tendered an apology before the Telangana Assembly with regard to th€
programme targeting the Telangana congress MLAS over their defeat in the Assembly
eleCtion on 12.06.2014 at 20:46'.07 hrs. As regards telecast of the programme 'Bullet
News' at 08:42:09 hrs on 12-06-2014, the representative pointed out that for the last
years there had been no violation of such nature and no complaint was ever receivec
igainst their channel and that they have highest respect for the rules and regulations of
the Ministry. He clarified that'Bullet News'was a satirical programme and not a news
programme; its language was not derogatory; He further stated that usage of Telangana
dialEct cannot be taken word-by-word or by its dictionary meaning. They also doubted the
translation of the programme fiom Telugu language to English language1t was_ clarified
to them that the tranalation was carried out by Telugu-knowing persons. The IMC askeO
the representative if use of the expression " People will beat ...while pouring chili powler
in his Nuv Randras (Nine holes of body)" in the programme was fair or acceptable. The
representative held that it was a simple mistake. The IMC conveyed to the representative
that usage of such expression, even though in a satirical vein, was in extremely bad taste.
Howevei, both the representatives admitted that the channel had committed a mistake by
teiecasting such derogatory content and assured that such thing will not happen again.
I
WHEREAS, having regard to the material on record, the written and oral submissions of
the channei anO iotatity of the circumstances, IMC concluded that the content of the
Uy Wg was in bad taste and in violation of the provisions of the
progr.;*"
'eroir"rr" telecast
Code. lMi recommended to issue an order to the channel to run an Apology
Scroll for one day.
WHEREAS, as per para 5.2 of the Guidelines for Uplinking from India, one of th€ ba.sic
conOitions/obligitions of the company permitted to uplink registered channels ls that the
."rp""V shalicomply with the irogiamme Code prescribed under the Cable Television
Network! (Regulation) Act, 1995 and rules framed thereunder'
WHEREAS, as per para 8.1 of the said guidelines, in the event of a channel found to have
with
UeerVUeing useO foi transmitting any obiectionable/unauthorized content inconsistent
granted;
puOti" inteiest, the Central Gov-ernmen{ has the power to revoke the permission
p", prr" 8.2, the Central Government has the power to impose penalties for violation of
".
any of ihe terms and conditions or other provisions of the said guidelines'
WHEREAS, sub-section (2) of section 20 of the cable Television Networks (Regulation)
Act, 1995 provides that where the central Government thinks it necessary or expedient so
(iii)
to io in the interest of the (i) sovereignty or integrity of India; or (ii) security of India; or
it
or
morality,
public
decency
(iv)
order,
friendly relations of tndia wiih any foreign State; or
or
channel
of
any
r"y, uy order, regulate or prohibit the transmission or re-transmission
Prosramme
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Firrt/oirector {Fll lrrl r€r{q f:rrdq
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covt. or India, N6w Dethl
WHEREAS the Competent Authority, having considered all the facts and circumstances of
the case, including the recording, the oral and written submissions of the Channel, the
recommendations of the lMC, the provisions of the Cable Television Networks (Regulation)
Act, 1995 and the Rules framed thereunder, has come to the conclusion that there was a
clear violation of Rule 6(1)(a), (d), (e) and (i) of the Programme Code; and that the channel
was supposed to telecast content of such nature with care, caution and sensitivity, keeping
in view the far-reaching consequences it could have left on the viewers.
NOW, THEREFORE, having regard to the totality of the circumstances, the Competent
Authority in the Ministry of lnformation & Broadcasting, in exercise of powers under the
Uplinking/Downlinking Guidelines issued by it, the terms of permission granted to
uolinUdownlink the TV channel and under Sub-section 2 of Section 20 of the Cable
Television Network (Regulation) Act, 1995, hereby orders TV9 channel to run the
following Apology Scroll in bold legible form at the bottom of the screen for one day
09.04.2015 till 0001 hours on
continuously with effect from 0001 hours
't0.04.2015:
on
"TVg CHANNEL HAS BEEN WARNED BY MINISTRY OF INFORMATION &
BROADCASTING FOR VIOLATION OF PROGRAMME CODE DURING TELECAST OF
PROGRAMME NAMELY "BULLET NEWS" ON 12.06.2014 AT 08:42:09 AND
20:46:07 HRS. TVg CHANNEL APOLOGISES FOR THE SAID VIOLATION AND
ASSURES TO STRICTLY COMPLYWITH PROGRAMME CODE AND BE CAREFUL IN
FUTURE".
A
Strict compliance with the above direction should be ensured by TV9 channel. Any
violation shall entail such action against TV9 channel as deemed fit in accordance with the
Cable Television Network (Regulation)Act, 1995 and the Rules framed thereunder as also
the terms and conditions of the permission/approval granted under uplinking/downlinklng
guidelines.
A&t;
,
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t NEETI SARKAR I
Director (BC)
Managing Director,
M/s. Associated Broadcasting Co.Pvt. Ltd.,
No.2'1, Natya Ballet Centre,
3d Floor, Bhai Vir Singh Marg, Gole Market,
New Delhi - 110 001
to:
Te1e.23386536
(qlRl tr-€r{)
(r.riert sanxaF.)
Rirra/oir.ctor
tIFn gcl !qllt'! lrtfrdc
nh. oi lnlornation
lB*Scertrng
Govt' of Indis, Now Oelhi
Electronic Media Monitoring Centre, (Shri L.R. Vishwanath, ADG), Ministry of
Information & Broadcasting, 1Oth Floor, Soochna Bhawan, CGO Complex, Lodhi Road, New
Delhi - for kind information and necessary action.
Copy