http://scroll.in/article/820748/ndtv-ban-did-the-modi-government-unfairly-single-the-channel-out

PRESS FREEDOM

NDTV ban: Did the Modi government unfairly single the channel out?

Similar coverage by other TV channels cannot be held as "mitigating
grounds", the government order said.

Yesterday · 08:30 pm
Updated 8 hours ago

Shoaib Daniyal

For the first time, the Union government has ordered a TV news channel
to be blacked out for allegedly revealing “strategically sensitive
information” during a terror attack. The Ministry of Information and
Broadcasting ordered a 24-hour ban of the Hindi news channel NDTV
India for its coverage of the militant attack on the Pathankot
airbase.

Scheduled for November 9, the day-long blackout order has caused
outrage in media circles. The Editors’ Guild of India called it a
“direct violation of the freedom of the media” and said the move was
“reminiscent of the Emergency”. Terming the ban an attack on freedom
of expression, the Mumbai Press Club demanded that the move be
withdrawn immediately.

The charges against the channel
On January 29, the Union Ministry of Information and Broadcasting
served a show cause notice to NDTV’s Hindi channel for its coverage of
the militant attack on the Pathankot airbase in Punjab. The notice
accused NDTV India of broadcasting “strategically sensitive
information” which was “likely to be used by the perpetrators to put
impediment in the counter-operations carried by the security forces”.

The notice was served to NDTV India under the programme code, a list
of broadcast rules made by the Union government as per the Cable
Television Networks (Regulation) Act of 1995, which was amended in
2015 to prohibit “live coverage of any anti-terrorist operation by
security forces… till such operation concludes.”

The accusation was that NDTV India had, in a broadcast on the
afternoon of January 4, revealed information about the location of
militants while they were still attacking the Pathankot Air Force base
in Punjab, an incident that eventually saw seven military personnel
and one civilian killed. The notice accused NDTV India of announcing
on air how close the militants were to sensitive installations such as
an ammunition depot, airstrip and an army base.

It quoted the NDTV reporter saying:


“Two terrorists are still alive and they are next to an ammunitions
depot. And the jawans who are under fire, they are concerned that if
the militants make it to the ammunitions depot, then it will be even
harder to neutralise them.”

The broadcast also allegedly revealed information about the airbase:
that it contained MIG fighter jets, rocket launchers, mortars,
helicopters and fuel tanks, and had schools and residential areas. The
notice argued that this information could be “used by the terrorists
themselves or their handlers”.

The channel’s defence
NDTV responded to these accusations on February 5, claiming that its
coverage was “entirely balanced and responsible”. The reply also
pointed out that the so-called sensitive information that the channel
was being accused of broadcasting was already out in the public
domain. Details of the strategic assets at the airbase had appeared in
reports carried by newspapers before the broadcast on NDTV.

The reply listed several examples:

On January 3, The Indian Express carried an IANS report that revealed
the presence of “MIG-21 fighter bison jets, MI-35 attack helicopters,
missiles and other critical assets” at the airbase. The next morning,
the paper's print edition reported similar details.
[Facsimile of the IE report]

A report published in The Times of India on January 3 mentioned
surface-to-air missiles and surveillance radars.

On January 4, citing an army brigadier, The Hindustan Times reported
that two terrorists were “holed up in a double-storeyed building which
is a living accomodation of air force personnel”.

A video of the press briefing by the army bears this out. (Watch from
counter 6.20). The channel cites extensively from the briefing to make
the case that the location of the terrorists was made public by the
army.

The NDTV reply points out that other news channels had reported similar details.

On January 4, around the same time as the NDTV telecast, a reporter on
News 24 revealed that the army was going to use JCB machines to attack
the building where the terrorists were holed up. ABP News reported on
January 2 that two terrorists were hiding and were being prevented
from getting close to the fighter planes. A reporter on Aaj Tak said
the terrorists had not managed to access the technical and residential
areas in the airbase.

Other news organisations not named by NDTV in its reply to the
show-cause notice also covered similar ground.

Zee News’ Punjab-Haryana-Himachal channel had a reporter say on air
that the soldiers are concerned that the two remaining militants still
firing at the soldiers were not far from the area of the base where
the fighter jets were parked, alongside large stores of airplane fuel.

The order
In its final order on November 2, however, an inter-ministerial
committee set up by the Union government to examine the case rejected
NDTV India’s arguments. While it admitted that “information about the
location or the expanse and assets of the Pathankot airbase were given
in bits and pieces in various media”, it held NDTV India to be at
fault for giving out the “exact location of the remaining terrorists
with regard to sensitive assets in their vicinity”. This was a
reference to the fact that NDTV correspondent had said, “two
terrorists are alive and are next to an ammunition depot”.

To NDTV India’s point that other news outlets had also disclosed much
of the same information that it had been accused of in the show cause
notice, the final order went on to make a distinction between news
available on TV, versus what people and the militants’ handlers may be
able to access via print or digital news outlets.

"Unlike print, TV is an audio-visual medium, which have a far wider
and instantaneous impact. Hence, the disclosure of vital information
on national security-related issues on the audio-visual medium, while
anti-terrorist operations are on, has several ramifications, for
example causing alarm and demoralization of the citizenry and security
forces, causing grave apprehension to the parents and families of
those who are actually in the combat zone, and the possibility of
collateral damage on the critical assets including human lives in the
combat zone/affected areas. Audio-visual medium conveys in a little
time what a newspaper report would not be able to explain even in four
columns. The reach of satellite TV is so wide that it goes beyond
physical borders and crosses language barriers. On such a powerful
medium, the responsibility which rests is immense. The accessibility
and reach of web content is also substantially different and unmatched
as compared to TV."

Government arbitrariness
The Union government’s action is based on Rule 6(1) of the Programme
Code which states:

"No programme should be carried in the cable services which contains
live coverage of any anti-terrorist operation by security forces,
wherein media coverage shall be restricted to periodic briefings by an
officer designated by the appropriate Government, till such operation
concludes."

This provision was added in 2015, when the ministry also sent out
advisories to channels to comply by the rule, addressing some of the
concerns about TV coverage of terror attacks that began with the
Mumbai attacks in 2008.

Other channels have been taken off air before, but this is the first
instance of the government ordering a blackout because of national
security concerns under this provision. The government order even
mentions that, although the punishment allows for a 30-day blackout,
the panel is only recommending a token one-day ban to send a message
regarding the new provision.

The order, however, did not respond to NDTV India’s contention that
other news channels had also broadcast the same content the initial
show cause notice had found sensitive.

In fact, it held that the point was moot.

“The inter-ministerial committee also noted that the coverage by other
TV channels on the issues cited cannot be mitigating grounds for
making public, vital information though NDTV India’s channel’s
near-live coverage during anti-terrorist operations”.


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Peace Is Doable

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