BBC DEFAMATIOM AND MODI

A Delhi court has issued summons to BBC over a defamation suit filed by BJP
leader Binay Kumar Singh in connection with the British broadcaster's
documentary 'India: The Modi Question'.

Additional District Judge (ADJ) Ruchika Singla on Wednesday (3 May) also
summoned Wikimedia Foundation (Wikipedia funder) and the Internet Archive,
a US based digital library.

"Issue summons of the suit for settlement of issues to the defendant on
filing of PF and e-mode returnable on next date of hearing. PF be filed
today itself. The defendant is directed to file his written statement
within 30 days from the date of service of the summons. Endorsement be made
on the summons accordingly," the Court said in its order.

Kumar approached the court saying that he is a state executive committee
member of Jharkhand BJP and an active volunteer of RSS and VHP.

The suit, filed through Advocate Mukesh Sharma, said that the BBC
documentary has defamed organisations such as RSS, VHP, and BJP.

The allegations made against the RSS and VHP are motivated by a malicious
intent to defame the organizations and its millions of members/ volunteers.
Such unfounded allegations are not only baseless but also have the
potential to damage the reputation and image of the RSS, VHP and its
millions of members/ volunteers, who have committed themselves to upholding
the cultural, social and national values of India," the suit said.

The suit further said that the documentary's release has caused fear and
terror among member of various groups and can potentially trigger violence
and jeopardise public order nationwide.

According to the suit, BBC disseminated unfounded rumours "strategically
and purposefully" without verifying the authenticity of the claims.
"Furthermore, the accusations made therein foster animosity between
multiple faith communities, in particular Hindus and Muslims," it said.

The Court was informed that the documentary has been banned by the Indian
government, but a Wikipedia page dedicated to the series provides links to
watch it and that the content is still available on Internet Archive.  @@@

"This leads to a reasonable inference that all three defendants are acting
in concert and mutually in order to tarnish the image of the country as
well as of distinguished organizations such as the Rashtriya Swayamsewak
Sangh (RSS) and the Vishwa Hindu Parishad (VHP)," it added.

The plaintiff requested for an injunction against BBC, Wikimedia, and
Internet Archive to restrain them from publishing the documentary or any
other material against the RSS and VHP.

The case will be now heard on 11 May.

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@@@   In Wikipedia:

The second part of a two-part controversial documentary series
<https://www.thehindu.com/news/national/bbc-documentary-on-pm-modi-youth-outfits-defy-ban-to-hold-public-screenings/article66429538.ece>
, *India: The Modi Question*, aired in the United Kingdom on Tuesday
evening, examining the evolution of the Modi government’s relationship with
India’s Muslims as well as communal relations in the country since 2014.

The government had denounced and banned the first part of the documentary,
which aired last week in the U.K. and described a British government report
that held Prime Minister Modi , then Chief Minister of Gujarat, responsible
for the 2002 Gujarat riots. The government criticised the program, saying
it lacked objectivity, reflected a “continuing colonial mindset” and was
“propaganda”
<https://www.thehindu.com/news/national/bbc-documentary-on-pm-modi-a-propaganda-piece-designed-to-push-a-particular-discredited-narrative-says-mea/article66408578.ece>
.

The second part, which aired on *BBC Two* at 9 P.M. local time, starts with
a repeat of introductory scenes shown in the first part. It seeks to trace
the evolution of the relationship between the Modi government and India’s
Muslim minority. The series is sprinkled with graphic videos and
images—starting with a 2017 lynching in Jharkhand.

In its runtime of approximately 60 minutes, the second part discusses BJP’s
unprecedented victory in 2019
<https://www.thehindu.com/elections/lok-sabha-2019/election-results-2019-live-update/article27204776.ece>
and
what it means to have a government with a stronger mandate. “Essentially
the gloves are off,” one of the commentators, Chris Ogden, a political
scientist at the University of St. Andrews, says.

The series then moves to August 5, 2019, and the changes to the legal
status of Jammu and Kashmir
<https://www.thehindu.com/news/national/jk-loses-its-special-status-divided-into-two-uts/article61587397.ece>
(i.e.,
the abrogation of Article 370
<https://www.thehindu.com/news/national/other-states/explained-how-the-status-of-jammu-and-kashmir-is-being-changed/article28822866.ece>).
It shows scenes of what are described as protests in Jammu and Kashmir,
followed by a discussion on the National Register of Citizens (NRC)
<https://www.thehindu.com/news/national/what-connects-the-npr-nric-and-census/article61602475.ece>
and
the Citizenship Amendment Act (CAA)
<https://www.thehindu.com/topic/citizenship-amendment-act/> protests, and
the riots in Delhi in 2020
<https://www.thehindu.com/topic/delhi-violence-2020/>. The episode includes
footage of security forces beating bleeding semi-conscious protestors
<https://www.thehindu.com/opinion/editorial/read-them-the-riot-act-the-hindu-editorial-on-police-inaction-during-delhi-violence/article30993647.ece>
who
are being forced to sing the national anthem, even as they plead that they
are “Bharatvasis” (Indians).  The second part also includes interviews with
protestors, families that have been detained under the NRC and the kin of
those who died allegedly at the hands of the police during the Delhi
violence of 2020.

There are also scenes from Mr. Modi’s rally in Ahmedabad with then U.S.
President Donald Trump
<https://www.thehindu.com/news/national/modi-is-a-tough-negotiator-says-trump/article30902681.ece>
in
February 2020.

“Under Narendra Modi, India has been transformed. He remains enormously
popular and hugely divisive,” the narrator says towards the end of the
programme.

The documentary has become the subject of some discussion among U.K.
lawmakers. Uganda-born Indian-origin peers in the House of Lords, Dolar
Popat, wrote to the director general of the *BBC*, Tim Davie, on Tuesday,
condemning the documentary as “one-sided” and asking him to stop the *BBC* from
airing the program to “avoid exasperating [sic] the already tense
situation” between British Hindus and Muslims. The “false representation
has old wounds [sic] by creating hatred between British Hindus and Muslims
by attempting to paint India as an intolerant nation where Muslims are
persecuted”, Mr. Popat said.

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*Under what emergency powers has the BBC documentary on PM Modi been
blocked?*

The directions to block the first episode of the BBC Documentary ‘India:
The Modi Question’ were reportedly issued by the Information and
Broadcasting Secretary on Friday using emergency powers under the IT Rules,
2021. What are these powers?

The Ministry of Information and Broadcasting has rejected the Modi
documentary produced by BBC as a “propaganda piece” that lacks objectivity
and reflects a colonial mindset. (File)

The Ministry of Information and Broadcasting *has issued directions to
block the first episode of the BBC Documentary
<https://indianexpress.com/article/india/pm-narendra-modi-bbc-documentary-centre-blocks-tweets-youtube-videos-8396076/>*
‘India:
The Modi Question’ on YouTube, informed sources said on Saturday (January
21). The social media platform Twitter was asked to block more than 50
tweets containing the links of the video on YouTube, the sources said.

*Also in Explained | ‘Chargesheets are not public documents’: Breaking down
the SC ruling
<https://indianexpress.com/article/explained/chargesheets-not-public-documents-breaking-down-sc-ruling-8396054/>*

The directions were reportedly issued by the Information and Broadcasting
Secretary on Friday using emergency powers under the IT Rules, 2021. Both
YouTube and Twitter have complied with the directions, the sources said.

*What are these emergency powers?*

Rule 16 of the IT Rules, 2021 — formally known as the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,
2021 — notified on February 25, 2021, describes the government’s power with
regard to “Blocking of information in case of emergency”.

The Rule says that “In case of emergency nature, the Secretary, Ministry of
Information and Broadcasting may, if he is satisfied that it is necessary
or expedient and justifiable for blocking for public access of any
information or part thereof through any computer resource and…as an interim
measure issue such directions as he may consider necessary to such
identified or identifiable persons, publishers or intermediary in control
of such computer resource hosting such information or part thereof without
giving him an opportunity of hearing.”

Such orders may be passed on certain specified grounds including national
security and public order.

*What has the government said about the documentary?*

The Ministry of Information and Broadcasting has rejected the documentary
produced by BBC as a “propaganda piece” that lacks objectivity and reflects
a colonial mindset. The documentary was not made available in India by BBC,
but it was available on YouTube for some time.

Sources said that senior officials of ministries including the MEA, Home,
and I&B have examined the documentary and found it to be an attempt to cast
aspersions on the authority and credibility of the Supreme Court of India,
sow divisions among various Indian communities, and make unsubstantiated
allegations regarding actions of foreign governments in India.

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KR IRS 4 5 23

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