Digital Media Violation of Code of Conduct – How to File a Complaint

Objective:

The NBDSA is an independent self-regulatory body established to uphold the highest ethical standards in news broadcasting and digital journalism. It ensures accuracy, fairness, decency, and accountability in media content while preserving the freedom of the press guaranteed under Article 19(1)(a) of the Constitution of India.

Any person aggrieved by the content broadcast or published by a member or associate member of the NBDA (news channel or digital news platform) may file a complaint before the NBDSA.

Step-by-Step Complaint Process:

Step 1 – File a Complaint with the Broadcaster / Digital Platform

Before approaching the NBDSA, the complainant must first raise the grievance directly with the concerned broadcaster or digital publisher.

Procedure:

• Submit the written complaint within 15 days of the telecast or publication.
• Address it to the Compliance Officer of the concerned broadcaster/digital platform.
• Contact details of Compliance Officers are available on the NBDA website under “Whom to Complain” and on the broadcaster’s website under “Complaint Redressal.”

Your Complaint Should Include:

• Name of the programme/article
• Date and time of telecast/publication
• Detailed description of the violation (e.g., bias, defamation, obscenity, invasion of privacy, communal incitement, etc.)

Timeline:

The broadcaster or publisher must respond within 15 days of receiving the complaint, as mandated by the NBDA Code.

Step 2 – Escalate to the NBDSA

If the broadcaster fails to respond within 15 days, or if the response is unsatisfactory, the complainant may escalate the matter to the NBDSA.

Filing Window:

• File within 15 days of receiving the broadcaster’s reply or within 15 days after the expiry of the response period.
• Delay may be condoned by NBDSA if justified.

Language:

Complaints may be submitted in English or Hindi.

Submission Options:

• Online: Through the NBDA Complaint Form
• Email (to NBDSA): To the Chairperson or Authority,
  • [email protected]
  • [email protected]
    (Optional CC: [email protected] for record-keeping only)
• By Post:
  News Broadcasting & Digital Standards Authority (NBDSA)
  B-39, Okhla Industrial Area, Phase I,
  New Delhi – 110020
  Complaints should be addressed to the Chairperson, NBDSA

Documents to Include:

• Copy of the original complaint submitted to the broadcaster
• Copy of the broadcaster’s reply (if any)
• Supporting evidence (screenshots, video clips, or transcripts)

Step 3 – NBDSA Adjudication

After receiving the complaint, the NBDSA reviews it under the Code of Ethics and Broadcasting Standards and related guidelines.

Process:

• The Authority examines the allegations and may conduct hearings online or in person.
• The broadcaster or publisher is given an opportunity to respond.
• After evaluation, the NBDSA issues a written decision, which is published on its official website.

Possible Outcomes / Sanctions:

If a violation is established, the NBDSA may impose one or more of the following actions:

• Warning or Admonition to the broadcaster or journalist
• On-air Apology / Clarification by the channel or website
• Fine up to ₹25 lakh
• Direction for Content Removal or Correction
• Recommendation for Suspension or Cancellation of Licence (in repeated or grave cases)

Suo Motu Powers:

The NBDSA may also initiate action on its own (suo motu) in cases involving:

• Content inciting communal hatred or promoting violence
• Obscene, indecent, or defamatory material
• Repeated violations by the same broadcaster or digital publisher

Legal Backing and Regulatory Framework:

• The NBDSA is recognized under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as a Tier-II self-regulatory body.
• Its functioning aligns with the constitutional balance between:
  • Article 19(1)(a): Freedom of Speech and Expression
  • Article 19(2): Reasonable Restrictions (public order, decency, defamation, etc.)
• Courts have often directed complainants to approach NBDSA first before initiating litigation, emphasizing self-regulation over censorship.

Sanctions on Media Personnel:

Journalists, anchors, and debate moderators found in violation may face:

• Monetary fines
• Public warnings or censure
• Retraction or apology orders
• In serious cases, criminal prosecution under relevant laws

Media Regulation in India – Key Distinctions:

Protection of Identity in Sensitive Cases

All media—print, broadcast, and digital—must protect the identity of victims and accused persons in sensitive cases. Disclosure is strictly prohibited in matters involving:

Cases Where Identity Protection is Mandatory

• Juvenile victims or juveniles in conflict with law
• Victims of crimes against women or children
• Persons living with HIV/AIDS
• Victims of acid attacks
• Persons with mental illness
• Victims of honour-based violence
• Sexual assault survivors
• Victims of human trafficking

Violation of these confidentiality norms amounts to a serious ethical and legal breach.

Conclusion

The establishment of the NBDSA represents a vital step toward ensuring responsible and accountable digital journalism in India. It provides a transparent platform for citizens to seek redressal against unethical media practices while safeguarding editorial independence and freedom of expression. By adhering to this structured complaint mechanism, both the public and the media can work together to preserve integrity, credibility, and public trust in journalism.

Applicable Body

News Broadcasting & Digital Standards Authority (NBDSA)
(under the News Broadcasters & Digital Association – NBDA)
Official Website: https://www.nbdanewdelhi.com/initiatives