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NBDSA Censures Sudhir Chaudhary For 'Violating Dignity' Of LGBTQIA+ Persons With His Comments In Shows Of Aaj Tak, India Today
LIVELAW NEWS NETWORK
29 Jan 2025 5:55 AM
The News Broadcasting and Digital Standards Authority (NBDSA) has censured TV news channels Aaj Tak, India Today and anchor Sudhir Chaudhary with respect footage of certain programmes aired by the broadcasters noting that it contained remarks made against the LGBTQIA+ community which violated their dignity and were not in good taste. The body further issued an advisory to the anchor to show...
The News Broadcasting and Digital Standards Authority (NBDSA) has censured TV news channels Aaj Tak, India Today and anchor Sudhir Chaudhary with respect footage of certain programmes aired by the broadcasters noting that it contained remarks made against the LGBTQIA+ community which violated their dignity and were not in good taste.
The body further issued an advisory to the anchor to show more maturity in future and asked the broadcasters to remove the offending portion within seven days.
With respect to footage of one of the programme's the body said that the utterances were made not by a commoner on the street but by "an experienced and well-knowledgeable anchor in a programme on a national channel" which were not in good taste and Specific Guidelines for Reporting Court Proceedings especially Guidelines 4(i) and (ii), 5 and 7 and the Guideline 5 of the Guidelines on Broadcast of Potentially Defamatory Content were not kept in mind.
The body passed a common order while hearing four complaints made by Indrajeet Ghorpade and Utkarsh Mishra in respect of three programmes aired by Aajtak and India Today–the first titled "Black and White" on Same-Sex Marriage aired on April 19, 2023 on Aaj Tak, "Seedhi Baat" aired on April 22, 2023 on Aaj Tak and "India Today Roundtable Karnataka", aired on April 22, 2023 on India Today.
With respect to the footage from the first show aired on Aaj Tak the body after hearing the parties and noting their submissions in its order said:
"Adverting to Complaints in respect of Show No.1, here again the debates centered around the issues of same-sex marriage before the Supreme Court, NBDSA finds that many utterances of the anchor condemning LBGTQIA+ community are not in good taste. Undoubtedly, it is a harsh, and also sad reality that there is no unequivocal acceptance by the society insofar as persons of this community are concerned. It is again a hard fact that in order to get recognition and enforce their rights, there is continuous struggle by the people of this community. In this background, NBDSA is conscious of the fact that there may be persons who denounce them and look towards them as indulging in those acts which in their own perception are "ignorant"notwithstanding the fact that insofar as the legal position is concerned, they have been given due recognition. Thus, a well-informed person like the anchor, that too of a national channel, is supposed to respect those rights which even the law recognises. In this context, it has to be emphasised that even the persons belonging to this community are to be treated as normal human beings and, more importantly, with due dignity".
The body chaired by retired Supreme Court judge Justice AK Sikri in its order said:
"Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Artides 14. 15 and 21 of the Constitution.The manner in which the anchor portrayed the community in the impugned programme violates the dignity of the LGBTQIA+ people to say the least. In view of the above, NBDSA notes that the above broadcast did not keep in mind the Guidelines for Prevention of Hate Speech and the principles of Neutrality andImpartiality as enshrined in the Code of Ethics and Broadcasting Standards, by not giving the views of any person belonging to LGBTQIA+ community.Consequently, in view of the violations of the Guidelines aforementioned, NBDSA decided to admonish the broadcaster. NBDSA further directs the broadcaster to remove the video of the said broadcast, on the website of the channel, on YouTube, and remove all hyperlinks including access, if still available, which should be confirmed to NBDSA in writing within 7days of the Order".
With respect to footage from show no. 2 also aired on Aaj Tak the body said that there are many times issues which are pending before courts and have significant implications that concern the entire society or humanity. Therefore, public debates are bound to happen even when they are pending consideration before the courts.
The body said that at the the same time, it is also desirable that debates/interviews are objective, balanced and in a congenial environment. NBDSA observed during the hearings before the courts, the courts make some oral observations for varied reasons.
It said that it is common knowledge that such observations of the court during the hearing are in no way a reflection of the final view which the court is going to take in a particular matter as the court decides the case after due application of mind, after giving objective consideration to the arguments advanced by both the sides as well as the material placed before the court by the Parties in that matter. While this may not be known to a common person in the street/society, however an experienced person like the anchor herein was supposed to know this, the body added.
"When seen in this light, the NBDSA finds that some of the utterances/ remarks of the anchor during the said interview were not in good taste and could have been easily avoided. Had the discussion been confined to the issue at hand viz., "game-sex marriage", etc. which were the subject matter of the case which was being heard by the Hon'ble Supreme Court at that time and had the anchor limited the discussion to eliciting the view of the guest thereon there would have been no question of any objection thereto. However, in the process of the interview, attributing some statements to the Hon'ble Chief Justice of India during oral hearing, such as, "Yaha wohi hoga joh main chahunga" appears to be not only in correct but questionable as well...Above all, most objectionable statement of the anchor, in this context is to utter *Ye desh kisi ke baap ka nahi hai aur kuch log isse chalane ki koshish kar rahe hai". This is clearly a derogatory remark: It is stated at the cost of repetition that the courts make certain observations at the time of hearing, which may not be their final view. Even if that is the final view, the view/decision of the court has to be respected and if it is not palatable to the anchor, he should not have used the afore-quoted "foul" language," it said.
The body thus issued an advisory to the anchor to show more maturity in future while conducting such programmes. NBDSA further directed the broadcaster to edit the video of the said broadcast by removing the portions within 7 days of the Order.
With respect to footage from show no. 3 the body said that the while conducting an interview with the Home Minister the anchor raised the issue of same-sex marriage and during the programme, went on to state "Supreme Court ka jo bench hai woh kaaf naye naye logics leke aa raha hai ki kyun ye hamare desh mein hona chahiye?".
The body said that as the irregularities in the broadcast 3 are substantially the same as those in broadcast 2, in view of its reasons, it closed the complaint in respect of Show No.3 by issuing an advisory to the anchor to show more maturity in future while conducting such programmes.
NBDSA directed the broadcaster to edit the video of the said broadcast, by removing the aforesaid portions within 7 days of the Order.
Indrajeet Ghorpade and Utkarsh Mishra v/s Mr. MN Nasser Kabir Compliance Officer NBDSA TV Today Network Ltd
Click Here To Read/Download Order