NEW DELHI: The News Broadcasting Standards Authority (NBSA), the self-governance arm of News Broadcasters Association (NBA), on Monday issued fresh guidelines barring news channels from revealing any information that divulges the name, photograph and other details of victims of sexual assault and child abuse and juvenile delinquents.

The guidelines also bar disclosure of the identity of the witnesses to such incidents.

In a new set of Guidelines on Reportage of Cases of Sexual Assault, the NBSA, chaired by Justice J S Verma, said the fresh guidelines were aimed at respecting the privacy of the victims.

The guidelines have been issued amid controversy over the revelation of the identity of the male companion of the 23-year-old Delhi rape victim by a news channel. Both were brutally assaulted by six persons in a moving bus on 16 December. A UK-based newspaper has already revealed the identity of the victim and also that of her father. The rape victim, who was a paramedic student, succumbed to her injuries in a Singapore hospital.

The guidelines bars news channels from divulging the name, photograph and other details that may lead to disclosure of the victim?s identity or that of the family, while reporting on cases of sexual assault on women, victims of child abuse and juvenile delinquents.

Similarly, news channels must ensure that no victim of sexual assault, violence, aggression, trauma or a witness to any such acts, is featured in any news report or programme relating to such victim, without concealing the identity of such person. In conformity with this principle, any visuals shown of the victim must be completely morphed.

The Authority said news channels must bear in mind that news coverage of crime influences the mindset of the viewer and has a significant impact on the public perception of such crime. ?In reporting on matters involving sexual assault, news channels are advised to carefully balance the survivor?s right to privacy and that of the survivor?s family with public interest.?

The NBSA said the term "sexual assault", in addition to any penal offenses prescribed in law, shall mean and include all forms of unwelcome sexually determined behaviour (whether directly or by implication) such as - (i) physical contact and advances, including eve-teasing and molestation; or (ii) a demand or request for sexual favours; or (iii) sexually coloured remarks; or (iv) showing pornography; or (v) acid attacks; or (vi) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The NBSA says news channels must exercise sensitivity, discretion and sound judgment particularly when disclosure of details of the sexual assault would only serve to re-traumatise the survivor; and when details of the sexual assault are needed to be disclosed to secure a safe environment.

News channels must take special note of the provisions of Section 228A of the Indian Penal Code 1860 and of Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which provide for protection of the identity of victims of sexual offences and of juveniles in conflict with the law.

Zee News? Response:

Reacting to the guidelines, editor of Zee News Sudhir Chaudhary told indiantelevision.com that "Zee News is committed towards showing utmost respect whenever new guidelines are issued by honourable NBSA."

Earlier, Chaudhary had issued a statement on the news channels decision to carry the interview of the friend of the Delhi rape victim. The statement is reproduced verbatim below:

"There are lot of mails and phone calls coming to Zee News and my colleagues in Zee News editorial that we should tell the viewers what happened in those two and a half hours in the bus and why Zee News did not show that part of story when we interviewed the witness? Most of the callers were sure that when we have interviewed the person from the time the victim girl and he were thrown out of the bus, thinking that both were dead, we must have recorded the details which happened in the bus as well. Why are we not showing that part?"

"In view of so many calls and angry messages, I want to tell the true version to the viewers of Zee News, as well as the 670 million viewers of Zee network.

"When we started recording the interview with the eye witness, he started telling us the story right from the time he and the victim came out of the mall and their unfortunate journey that began without knowing that their destiny is taking them to disaster. He talked about how they got into the bus and described the ambience in the bus, the dark glasses, the curtains and the darkness in the bus. These details are there in the interview we have telecast.

"He then started telling us the minute by minute account of what happened in the bus and how he and the helpless girl were struggling to defend themselves and how he was trying to save her.

"I have to tell you all my friends and well-wishers, which is YOU...

"It is because of you that my team, me and my company exists. If you as a viewer will not give your time to watch our channel we cannot survive. Hence you demanding the account of what happened with the girl and the boy in the bus, is fully justified.

"But dear viewers, I have to say that Zee News and the entire Zee Network has always kept the country?s dignity supreme. We have been responsible rather than keeping a selfish motive to make money as supreme. If we would have recorded and shown the minute by minute account of what happened in those two and half hour in the bus running on the busy roads of Delhi, our viewership would have exceeded the viewership of the 26/11 attack in Mumbai.

"It would have been a bigger television show than the attack on the Indian Parliament in 2001. You would have been as ashamed as much as we have been in the recording studio here.

"As soon as the witness started telling the minute by minute account, my team decided to switch off the cameras and not take it on record so that we are not tempted to telecast it. If we would have showed the details of the journey in the bus and how this never before crime was committed, we could have been rated the highest reality show amongst the 400 odd TV channels in India.

"We would have become the leaders in terms of TV ratings.

"But we would have also made the 121 Crore Indians feel ashamed of themselves.

"We felt that it could have aroused emotions of the people to the highest degree. We felt that it could have aroused the anger in all of us to dangerous levels.

"We felt that both emotions and anger could have resulted in a reaction like what happened when the Mandal Commission report was implemented by the Late V P Singh Government, when many young people set themselves on fire and died.

"Friends, that is why we did listen to the entire story and the account of what happened in the bus and all of us cried no end while listening. For the first time, I personally felt ashamed. I have always believed that we in India have the least police stations in the world as we have least crime but the voice which was going to hit my ears has shattered my belief. Hence we did not record this part of the story and we did not do it due to the reasons I have just put before you.

"If you feel we have made a mistake, or we were wrong you have the right to say so and feel so. We can still record and show you the details of the terrible bus journey due to which the late brave girl has woken up the nation. She has warned all of us. She has asked us to change. She expects all of us to be the agents of change and she wants that we should first change ourselves. We should become as fearless as she and her friend did in the entire two and a half hour journey. It is only then that we can force change. We can demand and change the kind of law makers we elect. It is only when we are out of fear and favor that we can change the kind of people that represent us within India as well as outside the nation.

"If we were selfish about getting more and more Television Rating Points, we would have shown the entire account of the gruesome incident. But Zee Network, Zee News, it?s executives and all the people who work with us are Indians first and have always stood by India?s self esteem and will continue to do so. We are for Television Respect Points and not Television Rating Points that everyone runs after and sensationalizes news.

"We are committed to do so without fear or favor. We know that in the present time the level of tolerance to face the truth has diminished all around. No one, I repeat, no one can face the slightest of criticism. This is despite many of them committing crimes and stealing public money and resources. Yet they file defamation cases against the media whenever the media tries to expose them.

"Today it is a well accepted fact that none of the people running the system appreciates media, specially the online and electronic media, as it is instant. A prominent Union Minister is on record in one public function and while he may have said it in other forums as well, but I quote from the one where I heard it. He has said that the paralysis of the government not functioning is not due to the UPA government and UPA is not responsible, it is because of the CAG, the Judiciary and the media.

"In this state of affairs, we at Zee News still continue our resolve to bring to you our viewers, the Indians at large, the decision makers and the civil society???.. The Truth. But what happened?

"We are being made villains by the Government?.. by the system??. by the police??? by the so called intellectuals ????and you my friends are there as a mute spectators.

"Any way our matter is not so important as the issue at hand, that of THE RAPE we are talking about.

"We will still face the atrocities of police, the system and the government, as we have been facing for the last few months including on Friday, when an FIR was logged against Zee News and I being the final authority was interrogated in a police station instead of being appreciated for being a responsible and a respectable journalist and broadcaster.

"The complaints by us against the complainant of an FIR filed earlier on Zee News Limited by an influential MP of the ruling party, fell on the deaf ears of the Delhi Police.

"Yesterday?s interrogation at the police station was only directed towards "Do not show the truth which is against the system" otherwise you will suffer and will have to face police action and atrocities.

"Friends, if I have your support I will say "We are and we will suffer such pains of the police raj. Though it is painful and very painful for our families, our children, but we feel these pains are far less than our elders who not only suffered the pain but laid their lives so that we the present generation could be liberated. They did give us freedom, but they also must be wondering "Did they hand over the Free India to the right people or the right system".

NEW DELHI: Describing the efforts of the Information and Broadcasting Ministry towards regulation of television as a ?farce? and the self-regulatory mechanisms as ineffective, MediaWatch-India has sent notice to Broadcast Content Complaints Council to expeditiously take action on certain issues raised by it or face action in a court of law.

The MWI - a voluntary initiative to promote decency and accountability in various media ? says the issues raised and suggestions made by it concerns basic rights of entire gamut of Indian TV audience, and so it has given the Indian Broadcasting Foundation and the BCCC 15 days to initiate action / spell out decisions in respect of each of the issues raised by it.

The letter regrets that there is no comprehensive and systematic regime of self-regulation put in place by the broadcasting fraternity or any semblance of ?legal regulation? by the I&B Ministry in its capacity as content regulator under extant legal provisions.

"The establishment of an independent/statutory authority to regulate broadcast content is still an elusive dream. The unfortunate result of this regulatory vacuum has been that millions of Indian viewers are rendered voiceless without any basic/credible grievance redressal mechanism against the content-related violations by the channels, which is adversely affecting their basic rights as consumers of broadcast content."

Inadequate publicity to Inter-Ministerial Committee

Referring to the role of the Ministry, it says adequate publicity has not been given to the Inter-Ministerial Committee. Furthermore, the Ministry has failed to prescribe any well-defined terms of reference or rules of procedure for systematic functioning of the committee. "Being a pure bureaucratic apparatus headed by the Additional Secretary of the Ministry (with a lone exception of a member from ASCI), the IMC is meeting rarely to deliberate on the complaints received against the satellite TV and FM Radio Channels".

The Ministry has not instituted any separate mechanism for systematic receipt, acknowledgement and reply of complaints received against the TV channels nor provided any dedicated secretarial set up to aid and assist IMC in processing the complaints. As no time limit is prescribed, the decision-making involved in taking action against TV channels by the Ministry is "dead slow resulting in inordinate delay in disposal of complaints against TV channels".

MWI also refers to the Annual Report of the Ministry which says ?It is neither possible nor desirable for the Government to monitor and regulate the volume and diversity of content provided, which is increasingly getting localized. Any kind of direct control by the Government is seen as violation of the right to freedom of speech and expression enshrined in the Constitution.?

MWI wants to know why there is no representation of civic society apart from ASCI in the IMC.

Reports of EMMC not acted upon

While the Ministry is receiving regular reports on monthly basis from Electronic Media Monitoring Centre (EMMC) regarding hundreds of violations by the satellite TV and FM radio channels, the Inter-ministerial committee is not processing them seriously and the Ministry is hardly taking any action against the erring channels, the MWI alleges.

While the local cable networks and satellite channels are bound by the same programme and advertisement codes under the Cable Network (Regulation) Rules, 1994, the Ministry is according differential treatment to satellite channels by adopting a very liberal code of ?penalties? in dealing with content-related complaints against satellite channels by simply issuing advisories or warning; or requiring the channel to scroll an apology for a specified number of days; apart from suspension of broadcast for specified time period.

It alleges that the Ministry has been forwarding complaints to the BCCC or the News Broadcasting Standards Authority of the News Broadcasters Association without any enabling provision in law to that effect.

"If the government truly believes in self-regulation, it should have taken efforts to facilitate/mandate for bringing together of broadcasting fraternity under one umbrella, should have formalized the self-regulatory code and penalties by consensus and by giving some sort of legal recognition for the decisions of self-regulatory bodies and thereby limiting the applicability of extant laws and by prescribing some minimum standards to be followed by them in the interests of viewers."

Self-regulation neither comprehensive nor deterrent

Referring to self-regulation regime by NBA/IBF as ?neither comprehensive nor deterrent?, MWI also points out that less than 300 broadcasters are members of these two bodies and the majority are free to flout any Code.

It is seen that the self-regulation efforts initiated in the last few years by the broadcasting industry in the form of NBA and IBF, ?though commendable?, are found to be not comprehensive and having limited efficacy due to several serious drawbacks.

The regime put in place by NBA and IBF is hardly ?viewer-centric? so as to inspire any public confidence in ?self-regulation?, much less to have a deterrent effect on the erring Channels.

IBF and NBA have not asked their member channels to allot any time to explain to the viewers about the newly introduced self-regulatory procedure and the fact that the complaint system is a two-tier one.

MWI also notes that no legal recognition is given by the government for the self-regulatory codes evolved by the bodies and their decisions but for the ad hoc ?practices? put forth by the Ministry like forwarding complaints against member channels of NBA/IBF to NBSA/BCCC respectively without any enabling legal provision to this effect. Furthermore, there is no appellate mechanism presently available for complainants/broadcasters against the decisions of BCCC & NBSA in case of their inaction or arbitrary decisions.

MWI wants the IBF to modify the relevant clause of BCCC by including a provision for deterrent financial penalty in cases where BCCC holds that the member channel had violated the code or where a member failed to abide by the direction of BCCC.

MUMBAI: China Central Television (CCTV), China?s national television station, CCTV Future Advertising and NBA China on Tuesday announced a new, comprehensive multi-year television partnership that includes a significant expansion of NBA coverage and the formation of a joint media team to market and promote NBA broadcasts.

This new agreement also marks a key milestone, as the companies celebrate the 26th anniversary of their partnership to provide access to the NBA and enhance the game of basketball in China. The NBA?s partnership with CCTV began with the 1987 All-Star Game, the first-ever NBA broadcast in China.

The partnership includes live NBA games, tape-delayed games aired in prime time and NBA original programming. With CCTV-5?s expertise in sports TV production and the NBA?s extensive High-Definition footage archives, the companies will create a customized NBA-themed weekly show with in-depth analysis and all-access reports around the league produced exclusively for fans in China.

CCTV Future Advertising, the advertising arm of CCTV, also entered into a partnership with NBA China to become official media partner on CCTV-5, forging a deeper and broader cooperation.

"We look forward to a new era of basketball coverage with the NBA, as basketball game broadcasts are among the most popular programs on CCTV-5," said CCTV-5 Director Heping Jiang. "The NBA represents the best professional basketball league in the world and we are thrilled to bring our fans more authentic NBA excitement through our comprehensive coverage."

"We?re thrilled to expand our partnership with CCTV and to introduce the most comprehensive NBA programming ever for our fans in China," said NBA China David Shoemaker. "Our new collaboration with CCTV will provide the highest quality original productions and customized shows for fans as well as first time, unique branded opportunities for advertisers."

CCTV-5 will air live NBA games each week on Tuesday, Wednesday, Saturday and Sunday. Fans will also enjoy tape-delayed marquee NBA games, NBA highlights and a customized weekly NBA themed show in prime time.

In addition to the extensive coverage of NBA regular season and playoff games, CCTV-5 will also broadcast live the Eastern and Western Conference Finals, the NBA Finals and NBA All-Star events including the All-Star Game, State Farm NBA All-Star Saturday Night and the BBVA Rising Stars Challenge. There will also be special NBA programming as part of the league?s Chinese New Year celebration, which follows last season?s successful inaugural event.

MUMBAI: Sony Six, Multi Screen Media?s sports channel, has inked a three-year deal with National Basketball Association (NBA) to become the sole broadcast partner of the American professional basketball league in India.

The broadcast rights were earlier shared between Sony Pix, the English movie channel from MSM, and Zeel-owned sports broadcaster Ten Sports.

Sony Six, which has Indian Premier League (IPL) and Ultimate Fighting Championship (UFC) as its tent pole properties, has identified NBA to attract young audiences towards the sports and entertainment channel.

The sportscaster sees a fit with the property and feels it can develop it in India through aggressive marketing which includes drawing on Bollywood?s popularity to attract new audiences.

"Our study shows that the youth want new sports which are fast paced in nature and Basketball is a fast paced sport. We see huge opportunity to build NBA in India and have big plans to promote it," MSM CEO Man Jit Singh tells Indiantelevision.

The comprehensive partnership with Sony Six will include live NBA games, original programming, and a joint commitment to host grassroots basketball events on the ground.

The two partners will create customised local programming and will focus on engaging Indian youth by bringing together talent from the NBA, Sony Entertainment and Bollywood.
Before Ten Sports and Sony Pix, ESPN Star Sports (ESS) was the long standing broadcast partner for NBA in India but decided not to renew its partnership due to poor viewership. Singh, however, is unfazed.

"NBA was never promoted properly in India. Our plan is to work in tandem with NBA to promote the sport by bringing in NBA players, through college festivals, and 3x3 Basketball that will have NBA players pitted against basketball fans," he added.

Singh feels NBA is a viable sport for the broadcaster in the long run but in the short-term it will invest in the sport. "It is definitely a viable property but we are looking at it from an investment point of view," he asserted.

He did not see any issue with the timing of NBA games which are generally aired early in the morning, "Every sport fan wants to watch a game live. However for those who can?t watch NBA games early in the morning we have repeats in the prime time," he reasoned.

Apart from IPL, UFC and NBA, Six has also identified racquet sports and football to build the channel even as it continues to evaluate cricket boards that are coming up for renewal. MSM has also placed bids for English Premier League rights which are currently held by ESS.

The broadcaster had unsuccessfully bid for England Cricket Board and West Indies Cricket Board rights which were eventually retained by incumbent broadcasters, ESPN Star Sports and Taj Television respectively.

Most of the cricket rights are locked in excluding Sri Lanka Cricket Board, Pakistan Cricket Board, Bangladesh Cricket Board and New Zealand Cricket.

"We will certainly bid for properties as and when they come up. Having said that, we are not going bid crazy amounts," Singh averred.

NBA India Senior Director Business Development & Partnerships said the reason the league decided to partner Sony Six was because of its overall package they offered which includes favourable time slot and other on-air and on-ground initiatives that are critical engaging fans.

"We spoke to different broadcasters but Sony Six was the one who presented the most comprehensive partnership. They were willing to partner not just on the air but on the ground as well," Jain said.

"They are giving us a favourable timeslot on air. Besides matches, they will air magazine shows and highlights. They will also have local content by showcasing the basketball scene in India. They will also have instructional content for coaches and players."

Sony Six will air live NBA games each week on Thursday, Friday and Sunday with replays in prime-time. The Sunday game will be the "Game of the Week" featuring the NBA game airing at noon or 1:00 pm ET in the U.S.

In total, fans in India will have access to 72 NBA regular season games, up to 18 NBA Playoff games, the Eastern and Western Conference Finals, the NBA Finals and NBA All-Star events including the All-Star Game, All-Star Saturday Night, and the Rising Stars competition.

The NBA and Sony Six will also create a weekly NBA lifestyle program and a series of instructional vignettes that will help educate fans on the rules of the game and basketball terminology.

Apart from metros, NBA will also work with Sony Six to viewership in second and third tier cities.

"The aim is to showcase the NBA experience and lifestyle. We will package elements from this and create a platform. We will be doing marketing activities to create awareness about the partnership which includes social media, promos, and contests. Fans will get the chance to go to the US. They will get opportunity to attend games and get Behind The Scenes VIP Access to meet players," Jain added.