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Address: Mantec House, 2nd Floor, C-56/5, Sector 62, Noida – 201 301
Telefax: 0120-4129712, Email: authority@nbdanewdelhi.com, Website: www.nbdanewdelhi.com
News Broadcasting & Digital Standards Authority
Order No. 178 (2024)
Complainant: Mr. Indrajeet Ghorpade
Programme: Love तो बहाना है... Hindu बेटियाां टनशाना है
Channel: Times Now Navbharat
Date of Broadcast: 31.5.2023
Since the complainant did not receive a response from the broadcaster within the
time stipulated under the News Broadcasting & Digital Standards Regulations, the
complaint was escalated on 11.6.2023 and 19.6.2023 to the second level of redressal
i.e., NBDSA.
Complaint dated 3.6.2023
The complainant stated that the impugned broadcast violated the Code of Ethics &
Broadcasting Standards and the principles relating to impartiality, objectivity,
neutrality, and accuracy apart from the Guidelines for:
a) Prevention of Hate Speech,
b) Anchors conducting Programmes, including Debates and
c) Prevention of communal colour in reporting crime, riots, rumours, and such
related incidents.
During the broadcast, tickers and headlines containing generalized statements and
allegations were cited as the "Truth of the Country", which were aimed at demonizing
and spreading hatred against the Muslim community. Some of the tickers and
headlines aired during the broadcast are given herein below:
Love तो बहाना है... Hindu बेटियाां टनशाना है Jihadiyo se Beti Bachao
Desh mein Love Jihad ka Sach: Church ka dava, 10,000 isali ladkiya bani shikar
Desh mein Love Jihad ka Sach: VHP Ke muatbik 2009-2022 mein 400 case
Desh mein Love Jihad ka Sach: Sirf 2023 mein Love jihad ke 153 case
Desh mein Love Jihad ka Sach: Hyderabad mein 2000 ladkiya gayab, love jihad ka
shak
The anchor incorrectly cited Shraddha Walker as an example of “love jihad”. In her
case, her partner and the murderer did not hide his religion and caste, nor did he
change his name, nor is there any information in the public domain about him
forcing her to change her religion.
The anchor loudly screamed at a panellist who urged him to stop spreading Hindu-
Muslim enmity and did not allow him to state his point about the changes that need
to be made in the law to address fraudulent marriages.
Address: Mantec House, 2nd Floor, C-56/5, Sector 62, Noida – 201 301
Telefax: 0120-4129712, Email: authority@nbdanewdelhi.com, Website: www.nbdanewdelhi.com
In the broadcast, a panellist stated that if a Muslim woman is killed, "Sar tann se judaa
ke naare lagne lagte hai, kya kya haal kar dete hai ye log, jageh jageh maar kaat machti
hai" thereby depicting the entire Muslim community as being barbaric and not law-
abiding.
Another panellist baselessly claimed during the broadcast, "Aapke yahan (in the Muslim
community) kalava legal bhi nahi hota, aapke yahan haram mana jata hai kalawa bandhna."
To refute this claim, one of the Muslim panelists showed her a thread that he was
currently wearing.
Shraddha Walker was again incorrectly cited as an example of Love Jihad.
Further, during the broadcast–false generalized statements were made to target
Muslim men, by stating, "Kyun har jageh, Hindu naam rakh ke ek Hindu ladko fasane ka
kyun aata hai saamne ye bataiye? Aisa kyun hai ki jo ladki fasti hai woh Hindu hai aur jo ladka
maarta hai woh Muslim nikalta hai baad mein? Kyun dhoka diya jata hai iss tarah se?"
Another panellist baselessly claimed that "This is an organized crime against our (Hindu)
women". The anchor failed to refute these false, unproven claims; instead, he seemed
to believe this falsehood and even repeated the aforesaid claim in the broadcast.
Panellist Bilal Khan, who was speaking about overall crimes against women and the
need to move away from the Hindu-Muslim/Love Jihad angle, was not allowed to
speak as the anchor, and the two other panellists kept interrupting him.
While a panellist, Majid Haidari, was speaking against the anchor, he was
continuously interrupted by other panellists and by the anchor and he could not
clearly state his points. The anchor failed to control other panellists who were
interrupting.
When another panellist started giving examples of Muslim people being victims, she
too was interrupted by the anchor and other panellists, who did not let her state the
examples.
The complainant asked the broadcaster what actions it would take to undo the
damage caused to the social fabric of India by the violations committed during the
show.
Reply dated 22.6.2023 of the broadcaster.
In response to the allegations raised regarding the said broadcast in the complaint,
the broadcaster stated that as a responsible news medium, it strives to present all its
programmes on a factual basis in an unbiased manner. The purpose or intent of
airing any program is not in any way to create social or communal disharmony, as
has been alleged. The debate in question was based on the allegations made by a
3
model from Jharkhand and several instances of love jihad reported from across the
country, in which the affected women had alleged that youths from the Muslim
community lured women into a love trap by hiding their identity. The topic of the
debate was relevant and based on reported information of a recent incident.
During the broadcast, the anchor referred to love jihad in reference to Sahil (Sunny),
Tanveer (Yash), while victims of a few cases, Shraddha and Sakshi, were mentioned
in the context of love and murder. The anchor raised a very clear question, what is
it like to hide the identity and trap someone in a love trap?
It reiterated that the primary basis of the impugned debate was the allegations of
Manvi Raj, who had accused Tanvir of love jihad. Therefore, the entire debate should
be seen in the context of this allegation. The rest of the names and incidents taken
during the debate were in the context of different Q&A.
That the opinions expressed by guests on a live debate are their own, and the channel
or the anchor has no control over what a guest is likely to say in response to a
question raised. While the anchor may intervene and prevent offensive behaviour, it
is practically impossible for the anchor or the channel to cross-check every statement
a guest makes live on a debate.
During a live debate, every attempt is made to allow all participants to speak and
exchange their views to have an interesting and meaningful discussion. But at times,
giving equal time to all may not be plausible. Therefore, the allegation that the
channel deliberately gave more time to a certain faction was baseless. Further, there
was no intention to prevent any guest from speaking.
The broadcaster stated that the complainant had taken a very narrow view of how
the debate had progressed. The broadcaster denied the allegations raised in the
complaint and requested that the show to be seen in the relevant context and not be
given a communal twist.
Counter reply dated 22.6.2023 from the complainant:
The complainant stated that he was not satisfied with the response of the
broadcaster, as it had, in its response, denied all violations committed during the
impugned broadcast.
He stated that despite the Specific Guidelines for Anchors conducting Programmes,
including Debates and Guidelines laid down by the Hon’ble Bombay High Court in
Nilesh Navalakha v. Union of India & Ors, the broadcaster, in its response, had stated
that, "Opinions expressed by guests on a live debate are their own and the channel or the anchor
has no control over what a guest is likely to say in response to a question raised. While the anchor
may intervene and prevent offensive behaviour, however it is practically impossible for the anchor or
the channel to cross check every statement made by a guest live on a debate." This admission by
the broadcaster clearly demonstrates that it had failed to read and adhere to
4
NBDSA's guidelines or the Guidelines laid down by the Hon’ble Bombay High
Court in Nilesh Navalakha.
He reiterated that by airing the impugned programme, the broadcaster had violated
the principles of impartiality, objectivity, neutrality, and accuracy and Guidelines for
Prevention of Hate Speech, Anchors conducting Programmes including Debates
and the Guidelines for Prevention of communal colour in reporting crime, riots,
rumours, and such related incidents.
Decision of NBDSA at its meeting held on 6.7.2023
NBDSA considered the complaint, response of the broadcaster and after viewing
the footage of the broadcast, decided to call both the parties for a hearing.
On being served with Notices, the following were present at the hearing on 3.8.2023:
Complainant
Mr. Indrajeet Ghorpade
Broadcaster
1. Mr. Kunal Tandon, Advocate, Tandon & Co.
2. Ms. Kirtima Maroovar, Compliance Officer
3. Ms. Niti Jain, Advocate
4. Mr. Utkarsh Singh, News Editor
Submission of the Complainant
The complainant submitted that the impugned programme was titled “Love तो बहाना
है... Hindu बेटियाां टनशाना है”. By airing the tickers such as “Desh mein Love Jihad ka Sach”, it
appears that the broadcaster was claiming to bring the truth regarding ‘love jihad’ in
the country. In the broadcasts, several unverified and baseless claims such as
“Hyderabad mein 2000 ladkiya gayab, love jihad ka shak”, “VHP Ke muatbik 2009-2022
mein 400 case” and “Desh mein Love Jihad ka Sach: Sirf 2023 mein Love jihad ke 153 case”
were aired. The anchor screamed and shut down panellists who were trying to say
that this was a more significant issue concerning the safety of women in India.
Without any facts, the anchor claimed that this was an organized criminal conspiracy
against Hindu women. Several panellists also claimed the same.
The anchor did not allow opposing viewpoints to be presented during the broadcast.
The panellists were extremely wild and made gross, generalized statements against
the larger Muslim community, painting them as people who were out there to fool
Hindu women, mislead and murder them.
In the broadcast, Shraddha Walker’s name was used despite it being well-known that
her partner and murderer had not hidden his religious identity from her. The
complainant, therefore, questioned how Shraddha Walker could be cited as an
5
example of love jihad. He submitted that according to these channels, love jihad
involves Muslim men changing their names to lure and fool Hindu women and later
force them to convert to Islam, none of which had happened in Shraddha’s case.
Despite this, the broadcaster repeatedly mentions Shraddha’s name because her case
is well-known and extremely gruesome.
Further, he submitted that if one were to search the number of broadcasts that the
channel had carried in the past year on the topic of “love jihad”, there would be an
infinite scroll of such broadcasts, which shows that countless such programmes had
been done on the subject by the broadcaster.
The complainant reiterated that during the broadcast it was repeatedly claimed this
was “love jihad ka sach”. He submitted that the NBDSA is well aware of the
consequences of demonizing a single community. Despite understanding that love
jihad is an Islamophobic theory, channels such as Times Now Navabharat keep on
promoting such theory.
The complainant submitted that the channel, in its response, had stated that it was
not responsible for the views and opinions expressed by the panellists and that in a
live debate, it cannot fact check panellists, which response of the broadcaster is in
contravention of NBDSA’s own guidelines as well as the guidelines laid down by the
Hon’ble Bombay High Court in the Nilesh Navalakha v. Union of India & Ors, which
the channel would be very much aware of. That there was an intention of malice,
and such panellists were deliberately invited in the impugned broadcast.
Submission of the Broadcaster
The broadcaster submitted that the backdrop of the impugned broadcast was not
the Shraddha Walker murder case or any other cases but how the identity of an
individual is hidden, which is evident from the investigations in several cases,
wherein it was revealed that the identity was hidden. Shraddha Walker was merely
cited as an example during the broadcast. The issue and debate was on how the
person's identity is not disclosed to the other side.
The impugned broadcast had a balanced panel, which expressed views on both sides
of the issue. That the broadcast was in complete adherence to the principles of
impartiality, neutrality and objectivity. During the impugned broadcast, the anchor
did not express his views; rather, he only raised questions. Further, it submitted that
the manner of presentation is the prerogative of the anchor. The panellists, Mr. Bilal
Khan and Mr. Haideri were present in the broadcast to express their views.
Therefore, it submitted that the channel could not be considered to have violated
any standards and/or guidelines in the broadcast.
On the issue of whether the impugned broadcast could be regarded as being
provocative, the broadcaster submitted that the issue of love jihad has been
discussed by several State Governments and by the Central Government. Infact
6
there are also laws being discussed to curtail it. In any event, this issue was not only
raised by it but also by several other broadcasters. Furthermore, the Code of Ethics
& Guidelines only prevents the broadcaster from carrying any programme which is
provocative and does not preclude the broadcasters from discussing a provocative
topic.
NBDSA asked the broadcaster to explain the tickers and headlines aired during the
impugned broadcast. In response, the broadcaster submitted that tickers and
headlines were merely carrying statements made by certain groups, including VHP,
and it had presented factual figures in the broadcast. NBDSA also asked the
broadcaster whether it had presented the other side's views. In response, the
broadcaster stated that two panellists were representing the community.
That the main basis of the impugned broadcast were the allegations made by Ms.
Manvi Raj, who had accused Tanvir of love jihad. Further, it had not reported that
2000 missing girls were on account of love jihad as a matter of fact rather, the ticker
only mentioned that there was suspicion of love jihad. It is well settled principle that
the impugned broadcast must be considered as a whole as opposed to cherry-picking
certain statements and tickers.
The broadcaster reiterated that it could not be held liable for the views expressed by
the panellists and submitted that neither the anchor nor the channel had attempted
to justify the views expressed by the panellists.
In rejoinder, the complainant submitted that while the broadcaster had during the
submissions stated that the impugned broadcast was objective and neutral and
claimed that the anchor did not express any views during the broadcast, it was the
anchor who had baselessly claimed that this was organized crime.
Further, while Muslim panellists were invited to the programme, they were not given
adequate opportunity to express their views rather they were screamed and shouted
at.
Decision
NBDSA considered the complaint, response from the broadcaster and gave due
consideration to the submissions of the complainant and the broadcaster and viewed
the footage of the broadcast.
NBDSA observed that the media has the right to conduct debates on any topic of
its choice. However, on a perusal of the impugned broadcast, it appears that at the
very beginning of the broadcast, the anchor has concluded that men from a certain
community lured women from another community by hiding their religious identity
and then committed violence or murders against such women and every such
violence or murder committed on women of a certain community related to ‘love
jihad’. This is evident from the questions raised and statements made by the anchor
7
during the impugned broadcast. When some of the panellists expressed their
concerns regarding the communal angle being given to such alleged incidents and
regarding selective cases of violence against women where the perpetrator belonged
to a particular community, the anchor shouted them down and did not allow them
to express their views.
NBDSA also observed that there may be some instances where boys from a
particular community married Hindu girls. However, some such instances should
not lead to making generalized statements regarding inter-faith marriages by giving
it a communal colour. Every citizen, from whichever religion, has a right to marry a
person of his/her choice, irrespective of the religion to which he/she belongs.
Merely because a Hindu girl married a boy of another faith would not tantamount
to love jihad unless it is established that such a Hindu girl was duped or coerced into
the marriage. Further, because of few incidents of such forced marriages, an entire
community cannot be branded. Thus, it was not proper to generalize the incidents
with the tickers such as “Love तो बहाना है... Hindu बेटियाां टनशाना है”, “ Jihadiyo se Beti Bachao”.
Had incidents been discussed/debated by themselves, it would have come within
the norms of journalistic freedom. It is the generalization of these incidents by
targeting the entire community, which is found to be violative of the principles of
Impartiality, Objectivity and Neutrality under the Code of Ethics & Broadcasting
Standards (“Code of Ethics”) and the Specific Guidelines covering Reportage
relating to Racial and Religious Harmony. In the impugned broadcast, the anchor
had also violated Clauses (f) and (h) of the Specific Guidelines for Anchors
conducting Programmes including Debates.
NBDSA states that the term “love jihad” should be used with serious introspection
in future broadcasts as religious stereotyping amounts to a violation of the Code of
Ethics.
In view of the above violations, NBDSA decided to impose a fine of Rs.1 lakh on
the broadcaster.
NBDSA further also directed the broadcaster to remove the video of the said
broadcast, if still available on the website of the channel, or YouTube, and remove
all hyperlinks including access which should be confirmed to NBDSA in writing
within 7 days of the Order.
NBDSA decided to close the complaint with the above observations and inform the
complainant and the broadcaster accordingly.
NBDSA directs NBDA to send:
(a) A copy of this Order to the complainant and the broadcaster;
(b) Circulate this Order to all Members, Editors & Legal Heads of NBDA;
(c) Host this Order on its website and include it in its next Annual Report and
8
(d) Release the Order to media.
It is clarified that any statement made by the parties in the proceedings before
NBDSA while responding to the complaint and putting forth their view points, and
any finding or observation by NBDSA in regard to the broadcasts, in its proceedings
or in this Order, are only in the context of an examination as to whether there are
any violations of any broadcasting standards and guidelines. They are not intended
to be 'admissions' by the broadcaster, nor intended to be 'findings' by NBDSA in
regard to any civil/criminal liability.
Sd/-
Justice A.K Sikri (Retd.)
Chairperson
Place: New Delhi
Date : 28.02.2024

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  • 1. Address: Mantec House, 2nd Floor, C-56/5, Sector 62, Noida – 201 301 Telefax: 0120-4129712, Email: authority@nbdanewdelhi.com, Website: www.nbdanewdelhi.com News Broadcasting & Digital Standards Authority Order No. 178 (2024) Complainant: Mr. Indrajeet Ghorpade Programme: Love तो बहाना है... Hindu बेटियाां टनशाना है Channel: Times Now Navbharat Date of Broadcast: 31.5.2023 Since the complainant did not receive a response from the broadcaster within the time stipulated under the News Broadcasting & Digital Standards Regulations, the complaint was escalated on 11.6.2023 and 19.6.2023 to the second level of redressal i.e., NBDSA. Complaint dated 3.6.2023 The complainant stated that the impugned broadcast violated the Code of Ethics & Broadcasting Standards and the principles relating to impartiality, objectivity, neutrality, and accuracy apart from the Guidelines for: a) Prevention of Hate Speech, b) Anchors conducting Programmes, including Debates and c) Prevention of communal colour in reporting crime, riots, rumours, and such related incidents. During the broadcast, tickers and headlines containing generalized statements and allegations were cited as the "Truth of the Country", which were aimed at demonizing and spreading hatred against the Muslim community. Some of the tickers and headlines aired during the broadcast are given herein below: Love तो बहाना है... Hindu बेटियाां टनशाना है Jihadiyo se Beti Bachao Desh mein Love Jihad ka Sach: Church ka dava, 10,000 isali ladkiya bani shikar Desh mein Love Jihad ka Sach: VHP Ke muatbik 2009-2022 mein 400 case Desh mein Love Jihad ka Sach: Sirf 2023 mein Love jihad ke 153 case Desh mein Love Jihad ka Sach: Hyderabad mein 2000 ladkiya gayab, love jihad ka shak The anchor incorrectly cited Shraddha Walker as an example of “love jihad”. In her case, her partner and the murderer did not hide his religion and caste, nor did he change his name, nor is there any information in the public domain about him forcing her to change her religion. The anchor loudly screamed at a panellist who urged him to stop spreading Hindu- Muslim enmity and did not allow him to state his point about the changes that need to be made in the law to address fraudulent marriages.
  • 2. Address: Mantec House, 2nd Floor, C-56/5, Sector 62, Noida – 201 301 Telefax: 0120-4129712, Email: authority@nbdanewdelhi.com, Website: www.nbdanewdelhi.com In the broadcast, a panellist stated that if a Muslim woman is killed, "Sar tann se judaa ke naare lagne lagte hai, kya kya haal kar dete hai ye log, jageh jageh maar kaat machti hai" thereby depicting the entire Muslim community as being barbaric and not law- abiding. Another panellist baselessly claimed during the broadcast, "Aapke yahan (in the Muslim community) kalava legal bhi nahi hota, aapke yahan haram mana jata hai kalawa bandhna." To refute this claim, one of the Muslim panelists showed her a thread that he was currently wearing. Shraddha Walker was again incorrectly cited as an example of Love Jihad. Further, during the broadcast–false generalized statements were made to target Muslim men, by stating, "Kyun har jageh, Hindu naam rakh ke ek Hindu ladko fasane ka kyun aata hai saamne ye bataiye? Aisa kyun hai ki jo ladki fasti hai woh Hindu hai aur jo ladka maarta hai woh Muslim nikalta hai baad mein? Kyun dhoka diya jata hai iss tarah se?" Another panellist baselessly claimed that "This is an organized crime against our (Hindu) women". The anchor failed to refute these false, unproven claims; instead, he seemed to believe this falsehood and even repeated the aforesaid claim in the broadcast. Panellist Bilal Khan, who was speaking about overall crimes against women and the need to move away from the Hindu-Muslim/Love Jihad angle, was not allowed to speak as the anchor, and the two other panellists kept interrupting him. While a panellist, Majid Haidari, was speaking against the anchor, he was continuously interrupted by other panellists and by the anchor and he could not clearly state his points. The anchor failed to control other panellists who were interrupting. When another panellist started giving examples of Muslim people being victims, she too was interrupted by the anchor and other panellists, who did not let her state the examples. The complainant asked the broadcaster what actions it would take to undo the damage caused to the social fabric of India by the violations committed during the show. Reply dated 22.6.2023 of the broadcaster. In response to the allegations raised regarding the said broadcast in the complaint, the broadcaster stated that as a responsible news medium, it strives to present all its programmes on a factual basis in an unbiased manner. The purpose or intent of airing any program is not in any way to create social or communal disharmony, as has been alleged. The debate in question was based on the allegations made by a
  • 3. 3 model from Jharkhand and several instances of love jihad reported from across the country, in which the affected women had alleged that youths from the Muslim community lured women into a love trap by hiding their identity. The topic of the debate was relevant and based on reported information of a recent incident. During the broadcast, the anchor referred to love jihad in reference to Sahil (Sunny), Tanveer (Yash), while victims of a few cases, Shraddha and Sakshi, were mentioned in the context of love and murder. The anchor raised a very clear question, what is it like to hide the identity and trap someone in a love trap? It reiterated that the primary basis of the impugned debate was the allegations of Manvi Raj, who had accused Tanvir of love jihad. Therefore, the entire debate should be seen in the context of this allegation. The rest of the names and incidents taken during the debate were in the context of different Q&A. That the opinions expressed by guests on a live debate are their own, and the channel or the anchor has no control over what a guest is likely to say in response to a question raised. While the anchor may intervene and prevent offensive behaviour, it is practically impossible for the anchor or the channel to cross-check every statement a guest makes live on a debate. During a live debate, every attempt is made to allow all participants to speak and exchange their views to have an interesting and meaningful discussion. But at times, giving equal time to all may not be plausible. Therefore, the allegation that the channel deliberately gave more time to a certain faction was baseless. Further, there was no intention to prevent any guest from speaking. The broadcaster stated that the complainant had taken a very narrow view of how the debate had progressed. The broadcaster denied the allegations raised in the complaint and requested that the show to be seen in the relevant context and not be given a communal twist. Counter reply dated 22.6.2023 from the complainant: The complainant stated that he was not satisfied with the response of the broadcaster, as it had, in its response, denied all violations committed during the impugned broadcast. He stated that despite the Specific Guidelines for Anchors conducting Programmes, including Debates and Guidelines laid down by the Hon’ble Bombay High Court in Nilesh Navalakha v. Union of India & Ors, the broadcaster, in its response, had stated that, "Opinions expressed by guests on a live debate are their own and the channel or the anchor has no control over what a guest is likely to say in response to a question raised. While the anchor may intervene and prevent offensive behaviour, however it is practically impossible for the anchor or the channel to cross check every statement made by a guest live on a debate." This admission by the broadcaster clearly demonstrates that it had failed to read and adhere to
  • 4. 4 NBDSA's guidelines or the Guidelines laid down by the Hon’ble Bombay High Court in Nilesh Navalakha. He reiterated that by airing the impugned programme, the broadcaster had violated the principles of impartiality, objectivity, neutrality, and accuracy and Guidelines for Prevention of Hate Speech, Anchors conducting Programmes including Debates and the Guidelines for Prevention of communal colour in reporting crime, riots, rumours, and such related incidents. Decision of NBDSA at its meeting held on 6.7.2023 NBDSA considered the complaint, response of the broadcaster and after viewing the footage of the broadcast, decided to call both the parties for a hearing. On being served with Notices, the following were present at the hearing on 3.8.2023: Complainant Mr. Indrajeet Ghorpade Broadcaster 1. Mr. Kunal Tandon, Advocate, Tandon & Co. 2. Ms. Kirtima Maroovar, Compliance Officer 3. Ms. Niti Jain, Advocate 4. Mr. Utkarsh Singh, News Editor Submission of the Complainant The complainant submitted that the impugned programme was titled “Love तो बहाना है... Hindu बेटियाां टनशाना है”. By airing the tickers such as “Desh mein Love Jihad ka Sach”, it appears that the broadcaster was claiming to bring the truth regarding ‘love jihad’ in the country. In the broadcasts, several unverified and baseless claims such as “Hyderabad mein 2000 ladkiya gayab, love jihad ka shak”, “VHP Ke muatbik 2009-2022 mein 400 case” and “Desh mein Love Jihad ka Sach: Sirf 2023 mein Love jihad ke 153 case” were aired. The anchor screamed and shut down panellists who were trying to say that this was a more significant issue concerning the safety of women in India. Without any facts, the anchor claimed that this was an organized criminal conspiracy against Hindu women. Several panellists also claimed the same. The anchor did not allow opposing viewpoints to be presented during the broadcast. The panellists were extremely wild and made gross, generalized statements against the larger Muslim community, painting them as people who were out there to fool Hindu women, mislead and murder them. In the broadcast, Shraddha Walker’s name was used despite it being well-known that her partner and murderer had not hidden his religious identity from her. The complainant, therefore, questioned how Shraddha Walker could be cited as an
  • 5. 5 example of love jihad. He submitted that according to these channels, love jihad involves Muslim men changing their names to lure and fool Hindu women and later force them to convert to Islam, none of which had happened in Shraddha’s case. Despite this, the broadcaster repeatedly mentions Shraddha’s name because her case is well-known and extremely gruesome. Further, he submitted that if one were to search the number of broadcasts that the channel had carried in the past year on the topic of “love jihad”, there would be an infinite scroll of such broadcasts, which shows that countless such programmes had been done on the subject by the broadcaster. The complainant reiterated that during the broadcast it was repeatedly claimed this was “love jihad ka sach”. He submitted that the NBDSA is well aware of the consequences of demonizing a single community. Despite understanding that love jihad is an Islamophobic theory, channels such as Times Now Navabharat keep on promoting such theory. The complainant submitted that the channel, in its response, had stated that it was not responsible for the views and opinions expressed by the panellists and that in a live debate, it cannot fact check panellists, which response of the broadcaster is in contravention of NBDSA’s own guidelines as well as the guidelines laid down by the Hon’ble Bombay High Court in the Nilesh Navalakha v. Union of India & Ors, which the channel would be very much aware of. That there was an intention of malice, and such panellists were deliberately invited in the impugned broadcast. Submission of the Broadcaster The broadcaster submitted that the backdrop of the impugned broadcast was not the Shraddha Walker murder case or any other cases but how the identity of an individual is hidden, which is evident from the investigations in several cases, wherein it was revealed that the identity was hidden. Shraddha Walker was merely cited as an example during the broadcast. The issue and debate was on how the person's identity is not disclosed to the other side. The impugned broadcast had a balanced panel, which expressed views on both sides of the issue. That the broadcast was in complete adherence to the principles of impartiality, neutrality and objectivity. During the impugned broadcast, the anchor did not express his views; rather, he only raised questions. Further, it submitted that the manner of presentation is the prerogative of the anchor. The panellists, Mr. Bilal Khan and Mr. Haideri were present in the broadcast to express their views. Therefore, it submitted that the channel could not be considered to have violated any standards and/or guidelines in the broadcast. On the issue of whether the impugned broadcast could be regarded as being provocative, the broadcaster submitted that the issue of love jihad has been discussed by several State Governments and by the Central Government. Infact
  • 6. 6 there are also laws being discussed to curtail it. In any event, this issue was not only raised by it but also by several other broadcasters. Furthermore, the Code of Ethics & Guidelines only prevents the broadcaster from carrying any programme which is provocative and does not preclude the broadcasters from discussing a provocative topic. NBDSA asked the broadcaster to explain the tickers and headlines aired during the impugned broadcast. In response, the broadcaster submitted that tickers and headlines were merely carrying statements made by certain groups, including VHP, and it had presented factual figures in the broadcast. NBDSA also asked the broadcaster whether it had presented the other side's views. In response, the broadcaster stated that two panellists were representing the community. That the main basis of the impugned broadcast were the allegations made by Ms. Manvi Raj, who had accused Tanvir of love jihad. Further, it had not reported that 2000 missing girls were on account of love jihad as a matter of fact rather, the ticker only mentioned that there was suspicion of love jihad. It is well settled principle that the impugned broadcast must be considered as a whole as opposed to cherry-picking certain statements and tickers. The broadcaster reiterated that it could not be held liable for the views expressed by the panellists and submitted that neither the anchor nor the channel had attempted to justify the views expressed by the panellists. In rejoinder, the complainant submitted that while the broadcaster had during the submissions stated that the impugned broadcast was objective and neutral and claimed that the anchor did not express any views during the broadcast, it was the anchor who had baselessly claimed that this was organized crime. Further, while Muslim panellists were invited to the programme, they were not given adequate opportunity to express their views rather they were screamed and shouted at. Decision NBDSA considered the complaint, response from the broadcaster and gave due consideration to the submissions of the complainant and the broadcaster and viewed the footage of the broadcast. NBDSA observed that the media has the right to conduct debates on any topic of its choice. However, on a perusal of the impugned broadcast, it appears that at the very beginning of the broadcast, the anchor has concluded that men from a certain community lured women from another community by hiding their religious identity and then committed violence or murders against such women and every such violence or murder committed on women of a certain community related to ‘love jihad’. This is evident from the questions raised and statements made by the anchor
  • 7. 7 during the impugned broadcast. When some of the panellists expressed their concerns regarding the communal angle being given to such alleged incidents and regarding selective cases of violence against women where the perpetrator belonged to a particular community, the anchor shouted them down and did not allow them to express their views. NBDSA also observed that there may be some instances where boys from a particular community married Hindu girls. However, some such instances should not lead to making generalized statements regarding inter-faith marriages by giving it a communal colour. Every citizen, from whichever religion, has a right to marry a person of his/her choice, irrespective of the religion to which he/she belongs. Merely because a Hindu girl married a boy of another faith would not tantamount to love jihad unless it is established that such a Hindu girl was duped or coerced into the marriage. Further, because of few incidents of such forced marriages, an entire community cannot be branded. Thus, it was not proper to generalize the incidents with the tickers such as “Love तो बहाना है... Hindu बेटियाां टनशाना है”, “ Jihadiyo se Beti Bachao”. Had incidents been discussed/debated by themselves, it would have come within the norms of journalistic freedom. It is the generalization of these incidents by targeting the entire community, which is found to be violative of the principles of Impartiality, Objectivity and Neutrality under the Code of Ethics & Broadcasting Standards (“Code of Ethics”) and the Specific Guidelines covering Reportage relating to Racial and Religious Harmony. In the impugned broadcast, the anchor had also violated Clauses (f) and (h) of the Specific Guidelines for Anchors conducting Programmes including Debates. NBDSA states that the term “love jihad” should be used with serious introspection in future broadcasts as religious stereotyping amounts to a violation of the Code of Ethics. In view of the above violations, NBDSA decided to impose a fine of Rs.1 lakh on the broadcaster. NBDSA further also directed the broadcaster to remove the video of the said broadcast, if still available on the website of the channel, or YouTube, and remove all hyperlinks including access which should be confirmed to NBDSA in writing within 7 days of the Order. NBDSA decided to close the complaint with the above observations and inform the complainant and the broadcaster accordingly. NBDSA directs NBDA to send: (a) A copy of this Order to the complainant and the broadcaster; (b) Circulate this Order to all Members, Editors & Legal Heads of NBDA; (c) Host this Order on its website and include it in its next Annual Report and
  • 8. 8 (d) Release the Order to media. It is clarified that any statement made by the parties in the proceedings before NBDSA while responding to the complaint and putting forth their view points, and any finding or observation by NBDSA in regard to the broadcasts, in its proceedings or in this Order, are only in the context of an examination as to whether there are any violations of any broadcasting standards and guidelines. They are not intended to be 'admissions' by the broadcaster, nor intended to be 'findings' by NBDSA in regard to any civil/criminal liability. Sd/- Justice A.K Sikri (Retd.) Chairperson Place: New Delhi Date : 28.02.2024