No.

N-40o16/21/2023-BC-III
GOVERNMENT OF INDIA
MINISTRY OF INFORMATION & BROADCASTING
'A' WING, SHASTRIBHAWAN,
NEW DELHI 110001

Dated: 22 Sept., 2023

ORDER

Aprogramme telecast on private satellite TV channel(s) is required to adhere to the

Programme and Advertising Codes prescribed under the Cable Television Networks
(Regulation) Act, 1995 and the rules framed thereunder. Time and again the Ministry also
issues advisories to private satellite TV channels to adhere to the Programme and
Advertising Code under the said Act and the rules framed thereunder.
2. This Ministry received complaints against the telecast of an alleged objectionable
programme maligning the image of an individual based on unsubstantiated claims/video, at
7:00PM on 17th July, 2023 by 'LokshahiMarathi TV channel, which is a Marathi language
News channel, granted permission by Ministry of Information and Broadcasting under the
extant Uplinking and Downlinking Guidelines. Accordingly, the comments of 'Lokshahi
Marathi TV Channel' were sought vide this Ministry's letter dated 18/08/2023, which is
extracted as under:

The channel carried a news report at 07.00 PM on 17/07/2023 about an

objectionable, misleadingand unauthentic video clip claimed to be of Dr. Kirit Somaiya
(Former Member of Pariament). The unauthenticated video clip of 15-20 seconds has been
played multiple times tosensationalize the matter. The video has been claimed by the
reporter/editor to be sexual action in the hotel room. The narration, explanation and
impact has been designed in such a manner as to sensationalize and mislead the viewers.
The anchor has stated in the program that he is in possession to three dozen such video
clippings of DrKirit Somaiyaand other persons, however, nota single clip could be made
available bythe channel. Further, the report features bytes/interviews of various persons
who have made comments on Dr Kirit Somaiya based on the content of the video clip. The
anchor has taken reactions of various political leaders to create a picture that the political
leader is misusing his power and connection with ED and CBI to exploit women and wives
ofsuch other victims. The anchor, apparently, expressed suggestive and defamatory views
with amalafide intention of maligning the image of the individual. The anchor has said
that theyare trying to contact Dr KiritSomaiya and take his reactions, however, nobody
from the channel contacted Dr Somaiya.
3 The channel sent an interim reply vide email dated 25/08/2023 denying all the
allegations contained in the said notice and further requested to grant additional time for
furnishing thedetailed reply. The channel was granted additionaltime tillo1/09/2023 and
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later till 05.00 PM on 05/09/2023, to furnish its comments. The channel vide email dated
06/09/2023 furnished its detailed reply, which is extracted as under:

We wish to categorically assert that the broadcast was to the best knowledge and
available information and does not align withthe allegations of being misleading,
sensational or inauthentic. The channel stated that the report was authentic and
based on the facts available tothem at the time.
We further deny that the editor expressed the suggestive and defamatory views with
amalafide intention of maligning the image of individual as alleged or at all which
can be substantiated fromthe record. The news broadcasted on 17/07/2023 at 7.00
pm was carried in good faith, in public interest based on the information and
material received fromreliable source, believing the same tobe true and correct and
without malice towards Shri Kirit Somaiya or any other person.

The matter under scrutiny is currently under investigation and they are not in the
position to pre-empt the findings or draw conchusive inferences. The premature
judgment can potentially hinder the fairness of due proces.
We are cognizant that similar issue has been independently raised by the leader of
opposition in the Vidhan Sabha in state. The state government assured a thorough
investigation and the comprehensive report willbe submitted. The clips which was
broadcasted has been handed over to Unit 10 of the Mumbai Crime Branch for
investigation. Another FIR has also been registered against the editor of the channel
for defamation and the matter is under investigation by the police authority.
We therefore, request you to refrain from initiating any action considering
ongoing investigation by appropriate authority. We shall be abole to issue a
detailed response as soon as the investigation is complete and the relrevant
report is published by the state government

5. As the channel is not a member of any Self Regulating Body registered with the
Ministry under Cable Television Network (Amendment) Rules, 2021, the matter was
referred for the consideration of Inter Departmental Committee (IDC) constituted under
the said rules. In its meeting held on 13.09.2023, Inter Departmental Committee (1DC)
considered the matter and granted the channel an opportunity to present their
submission. The representatives of the channel Shri Ganesh G. Naidu, and Advocate
Tejveer Singh Bhatia appeared before the IDC. While reiterating their earlier submissions
they underlined that the clip was played after confirming the authenticity of the video and
added that the video does not violate the privacy of Dr. Kirit Somaiya as they believe that
political figures should undergo more scrutiny than a common citizen. The representative
denied that the video is obscene or defamatory, as only the face of the person is shown
and nowhere the face/identity of the woman was revealed. It was added that the matter
is already in court of law, which will decide whether the video is defaming the individual
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or not. Further, it was submitted that Cable Television Network (Amendment) Rules,
2021 are stayed by the Kerala High Court and the Madras High Court and therefore, the
committee to refrain from initiating any action on the channel.

6. The members of IDC deliberated upon the submissions of the representatives, earlier
written replies,video clip of the programme along with transcript and made observations.
Summary of observations based on the video/transeript is as under:
I. The channel carried a news report at 7:00 PM on 17th July, 2023 based on a
video clip claimed to be of Dr. KiritSomaiya, a political leader from
Maharashtra. The report was telecast throughout the night of17th July till early
morning on 18th July, 2023.
II. The anchor used multiple references about the video clip projecting it as
objectionable such as- the clip is objectionable'; offending clip;from a hotel
room'; ina compromising position',etc.
III. The video clip is played multiple times without checking its authenticity
(Anchor: "..Is there any truth..") and based on which misleading and
suggestive claims were made, setting the narrative of thereport to attract public
outery against the individual in the clip such, as "...there are three dozen such
videos that are in public domain..."
IV. The report features views of various persons including elected representatives
and social activists, who seem to be selectively chosen, for responding to the
questions of the anchors and which appear to target the individual in the clip.
V. The report does not feature the viewpoints of the individual. The Anchor has
stated that "...we willtry to contact him to know his comment regarding the
video..."»

VI. Based on the comments of a panelist, the anchor on multiple occasions has
highlighted that many women have complaints against the individual,
projecting it as an inmportant revelation coming from a very responsible and
important person Shri Ambadas Danve.
VII. Throughout the report, the anchor on multiple occasions has highlighted that
the channel has come to knouw that there have been consequences of their report,
for instance: "...we are having reactions and comments over the video...";
"...many comments that it is the personal matter of someone..."; "...anger has
been seen in Maharashtra, in Hingoli'sSen- Goan effigy of KS has been burnt...
7. The members of the Committee deliberated upon the matter and made various
observations. It was noted that the clip of few seconds was played for over 15 times in the
span of 1 hour report, which was telecast throughout the night of 17/07/2023, tillearly
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morning on 18/09/2023. It is clear from video that the veracity of the clip was not checked
before playing it and the same has been played as LIVE telecast. Such continuous reporting
based on a few seconds clip tantamounts to sensationalizing the matter and maligning the
image of the individual.
The Committee observed that whether the person in question is an ordinary citizen
or apolitical figure, everyone has a private life that deserves respect. Even the anchor was
aware that the individual had already begun facing the consequences of the news broadcast.
The Committee noted that the anchor labeled the clip as 'objectionable' and 'offensive' and
suggested that there are three dozen similar videos of several hours in the public domain.
The anchor also implied that these videos could impact the individual's career and social
image, citing the individual's possession of sensitive information and past involvement in
exposing corruption cases. The anchor even drew a comparison with the case of a DRD0
scientist who was honey-trapped.
9 The Committee noted that nowhere in the programme, the views of Dr. Kirit Somaiya
were taken and presented. Additionally, the selection of panelists and the manner in which
they were made to give their comments without showing them the video clip was directed at
tarnishing the individual's image. In the programme, the anchor repeatedly highlighted an
unsubstantiated and unverified claim made by a panelist about receiving complaints from
many women against the individual. Therefore, the program lacked objectivity and balance
and appeared to be deliberate along with half-truths. The channel's claim that they telecast
the clip for the safety and security of the woman concerned lacks credibility, as there is no
mention that the woman in the clip approached the media for assistance. Committee
members noted that the narrative, references, and treatment of the show, particularly the
portrayal of the indiidual, is suggestive and contains half-truths and insinuations,
particularly for sensationalizing the matter and maligning the individual's image on
unsubstantiated charges.
10. It was pointed out to the committee that neither the Kerala High Court nor the
Madras High Court have stayed the Cable Television Network (Amendment) Rules,2021.
The Courts had only stated that no coercive action be taken in respect of the petitioners.
Further, proceedings of this Committee under CTN Act are separate and different from any
eriminal proceeding/investigation. The Committee unanimously felt that the narrative,
references, and treatment of the show, particularly the portrayal of the individual, is
suggestive and contains half-truths and insinuations and maligns the individual's image,
which is a matter of grave concern and needs to be looked upon very seriously. The IDC
underlined that by telecasting such report the channel is in violation of Programme Code,
particularly Rule 6(1) (d) and Rule 6(1) (i), which provide that:
No programme should be carried in the cable service which:
i Rule 6(1) (d): contains anything obscene, defamatory, deliberate, false and
suggestive innuendos and half truths;.
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 i. Rule 6(1) (): criticizes, maligns or slanders any individual in person or certain
groups, segments of social, public and moral life of the country.
Therefore, the IDC recommended that the channel should be taken Off air for aspecified
period for telecasting programme in violation of Programme Code, prescribed under Cable
Television Network (Regulation) Act, 1995 and Rules framed thereunder.
11. The Competent Authority, having considered all the facts and circumstances of the
case, noted that telecast of the programme based on an unsubstantiated few seconds clip in
a continuous manner, having deliberate, half-truths and suggestive innuendoes, maligning
the image of an individual, is in violation of the provisions of the Programme Code. As a
permission holder of operating News TV channelunder extant Uplinking and Downlinking
Guidelines, Lokshahi Marathi TV channel was under obligation to adhere to the Programme
Code laid down under the Cable Television Networks (Regulation) Act, 1995 and the Rules
framed thereunder. The Competent Authority has taken into consideration the
recommendations of IDC and in exercise of the powers conferred by Cable Television
Networks (Regulation) Act, 1995 and Rules framed thereunder and for contravention of the
conditions for grant of permission under extant Uplinking and Downlinking Guidelines,
hereby orders the Lokshahi Marathi TVchannel to go "off air" for 72 hrs on all
Distribution Platform Operators throughout Indiawith effect from 7 PM (19:00
hrs) on 22.09.2o23 till 7 PM (19:00 hrs) on 25.09.2023.

(Prateek Jain)
Deputy Director
Tel: 23073316
Email:[email protected]

To,
Managing Director,
(Lokshahi Marathi TV Channel)
M/s Zora Traders Ltd.,
A&B, 2nd Floor,Gujarat Bhawan,
Opp. M. J. Library, Ashram Road,
Ahmedabad -380009
Email: [email protected]
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Copy to:

1) Teleport Operator, M/s Broadcast Equipment India Private Ltd.,370

371/2, Ist floor Sahi hospital road, Jangpura, New Delhi, 110014, with a direction
to stop uplinking of Lokshahi Marathi TV channel for 72 hrs with effect from 7 PM
(19:00 hrs) on 22.09.2023 till 7PM (19:00 hrs) on 25.09.2023
2) All DTH operator and MSOs/LCOs with the direction to stop telecast of
Lokshahi Marathi TV channel for 72 hrs with effect from 7PM (19:00 hrs) on
22.09.2023 till 7 PM (19:00 hrs) on 25.09.2023.

Copy for information and necessary action:

1) BP&L Section, M/o I&B w.r.t. DTH
2) DAS Section, M/o I&B w.r.t. MSOs/LCOs
3) EMMC, 10th Floor, Soochna Bhawan, CGO Complex, Lodhi Road, New Delhi