News gatherers can violate privacy in public interest

New Delhi, July 23 (UNI) Despite impressions to the contrary, the proposed content code for TV news channels leaves enough scope for sting operations and does not make privacy of an individual as completely inviolate.

The draft code released by the Ministry of Information and Brodcasting allows infringement of privacy if it is ''warranted''.

According to it, broadcasters can justify an infringement of privacy, but they should be able to demonstrate why in a particular circumstances of the case it was ''warranted''.

If the reason is public interest, then the broadcasters should be able to demonstrate that the public interest outweighs the right to privacy.

The draft code has given examples of public interest as revealing or detecting crime, protecting public health and safety, exposing misleading claimes by individuals or organisations or disclosing incompetence that affects the public.

The list gives enough scope for news gatherers to go about their job.

Before the release of the code, it was largely feared that the Government might crack its whip on sting operations, which had recently come under scanner by politicians after a series of exposes.

The Code also provides a mechanism for self-regulation of content under which broadcasters are advised to appoint content auditors.

The regulation will work at two levels--at the Broadcaste Service Providers(BSP) level and the at industry level.

First the broadcasters will be responsible for ensuring compliance with Certification Rules prescribed under the Cable Television Network(Regulation) Act 1995 and other guidelines and norms presecribed by the Central Government or the proposed Broadcast Regulatory Authority of India (BRAI).

Every BSP may appoint one or more content auditors and provide details about them to the public on their website. This information will also be notified to the Ministry of Information and Broadcasting and BRAI who will post the same on their respective website too.

The BSP will refer to content auditors all public complaints against content to satisfy itself with regard to compliance with rules and regulations.

However, the chief editor of the channel, by whatever designation he is known, shall take the final decision to accept or modify the guidance given by the content auditor.

The code also requires the chief editors to ensure that adequate briefing is given to participants in a programme about the certification norms, as in an interactive and live programme or advertisement in which public or invited guests participate, it may not be possible to predict their gestures and utterances which might be in violation of the norms.

UNI