In this article, Mayank Vats discusses how to file a complaint against media misreporting.

Introduction

In today’s era, it is not very rare to witness someone or something being lambasted without any flaw or defect as an outcome of some erroneous media reporting. Instances of media misreporting have enabled many reputable and prestigious people to be arraigned without any upright reason. Media misreporting also has the potentiality to make public at large believe and accept an untrue fact. But there are provisions in order to make a complaint against media misreporting which certainly tends to ensure that the most authentic and accurate information reach out to the public. However, for a complaint against any media report to be acceptable, the report or the offending item must violate the code of practice of media. If the item which is viewed and complained as an offending item is not breaching and is in accordance with the Code of Practice then it would not be counted as media misreporting. Media could be in any form such as broadcasting media like television or radio, print media like newspapers or magazines or social media such as internet blogs, website etc.

Complaints against Media Misreporting Involving Newspapers (Print Media)

For registering complaints against newspaper media one can write to the “Press Council of India”. There is a specified period of time for registering a complaint. Although, it is requisite to put it in writing to the editor primarily regarding the complaint before it can be filed with the Press Council of India. In order to get the prime concern, one can do a few things, some of them are:

• Try to contact or write to the editor personally and instantaneously. Most of the publishing houses and newspapers have separate sections for viewers to figure out the flaws and loopholes. The newspaper acknowledges and apologizes for the mistakes. A person against whom any misleading statement has been published by the newspaper could ask for an apology from the concerned newspaper.
• Wait for the response from the editor. If he/she does not receive a response in an equitable time period which might depend on the gravity of the flaw as well as its consequence on the reputation or work of the person concerned, he/she can blog regarding it or ask a friend who has a blog and after that he/she can share the same on social media as well.
• If the editor is not replying and the person who intends to complain regarding any misreporting by the newspaper does not have a blog, he/she can take an online version of the item (if available) and share the same on various social media platforms with tagging the concerned media house and adding most suitable hashtags. One can expect a quick response after this for the reason that all the publication houses are very much concerned about their public image and certainly want to ensure a nice image on social media.
• One may file a legal case as well if the error or flaw is paramount and the concerned media house is not replying within a reasonable time period. However, it is also necessary for the person to contemplate that such an action could take time and a lot of struggle from his/her own end.
• One can contact on the below-mentioned details in order to register a complaint against any media misreporting which concerns newspapers or any other source of print media:

The Secretary,

Press Council of India,

Soochna Bhavan, 8-C.G.O. Complex, Lodhi Road, New Delhi-110003

Phone Numbers: (011) 24366403/24366745 (Extn. 319 & 320) Telefax: (011) 24366405/24366745 (Extn. 224)

Email: [email protected]

Website: http://presscouncil.nic.in

Complaints against Media Misreporting Involving Broadcasting Channels

One who intends to file a complaint against media misreporting put on a show by any broadcasting channel, he/she needs to send the complaint to “News Broadcasting Standards Authority” which is in New Delhi. However, it is necessary for a person to file a formal complaint to the broadcaster initially before proceeding towards the NBSA (News Broadcasting Standards Authority). It is necessary for a person to file the complaint in writing, either in English or Hindi language and should embrace the following things:

• Copy of the complaint letter consigned to the broadcaster;
• Copy of response sent from the concerned broadcaster
• Name and address of the broadcaster.
• Specific details of the story, news item or program.
• Date, time and channel of broadcast.
• A brief compendium of the aggravation of the complainant specifying the provision of the Code that has been violated.
• All the appropriate and suitable documents with the potentiality of assisting the complaint.

It is a must to incorporate all the above-mentioned specifications. To support the complainant, a ‘Complaint Form’ is obtainable on the website at www.nbanewdelhi.com or it can also be availed from the NBA (News Broadcasters Association) office. For the complaints concerning social media, one can file his/her complaints online through the website of the concerned social media platform. Furthermore, If a person wants to register a defamation case or anything alike, he/she can walk up to a lawyer who could help his/her filing a case in the court.

• One can contact on the below-mentioned details in order to do any communication with the authority which concerns news channels or any other source of broadcasting media:

News Broadcasting Standards Authority

C/o News Broadcasters Association

Mantec House, C-56/5, 3rd Floor, Sector 62

Noida – 201 301

Tel./Fax: 0120-4129712

Email: [email protected]

How and Where to Lodge a Complaint about Media Misreporting

Before filing a complaint we must know that media misreporting against the press and with regard to the oppression to press freedom. Decide, where you have to file a complaint and then go ahead with the complaint.

The procedure for filing a complaint against the press is as follows:-

• Any person can lodge a complaint with the Press Council against a newspaper for a breach of the recognized ethical canons of journalistic propriety and taste.
• The complainant need not necessarily be the one who is affected by the media misreporting. He may not be directly involved or aggrieved.
• The alleged breach may be in publication or nonpublication of a news item or statement, or other material which involves usage of cartoons, gifs, photographs, strips etc. which are published in a newspaper.
• Cases can also be initiated by any member of the public against any professional misconduct or misbehavior by an editor or editor’s team, a working journalist, a staff of a newspaper or engaged in freelance work.
• There can also be a complaint against any matter transmitted by a news agency by any means whatsoever.
• According to the Press Council of India, the Press Council (Procedure for Inquiry) Regulations, 1979, the complaint shall be lodged within a specific time frame.
• If the publication has been made in dailies, news agencies, and weeklies, then the complaint should be filed within 2 months.
• If the publication is regarding other matters then the complaint needs to be filed within four months of such publication.
• The extended clause to which says that provided that a relevant publication of an earlier date may be referred to in the complaint.

Procedure for lodging complaint

For filing a complaint you must write directly to the Inquiry Regulations department. The complaint must be addressed to the editor of the newspaper drawing his attention to what the complainant considers to be a breach of journalistic ethics or an offense against public taste. Prior reference to the editor affords him an opportunity to deal with the matter in the first instance and thus allows the respondent to take such remedial action as he might consider appropriate before the complaint is lodged with the Council.

The rule is necessary because it acquaints the editor with the identity of his accuser and the details of the complaint. It is conceivable that in some instance the complainant has been wrongly informed or has misinterpreted the facts. In others, it may be a case of the inadvertent error which the editor is only too ready to admit or correct. If the person who is about to complain or the would-be complainant is satisfied, that would be the end of the matter. Thus negotiation solves the problem.

If the complainant desires to proceed with the complaint, then he should enclose with his complaint copies of correspondence with the editor, if no reply has been received from the editor, the fact should be mentioned in the complaint.

When we talk about the Complaint regarding the oppressed to press freedom then the procedure is as follows:-

• A Newspaper, a journalist or any institution or individual can complain against Central or State Government or any organization or person for interference with the free functioning of the press or encroachment on the freedom of the press. Such complaints should contain full particulars of the alleged infringement whereupon the Council shall follow the procedure of inquiry set out hereinabove so far as may be.
• The opinion expressed by the Council subserves two useful purposes, namely
• That any abuse of press freedom does not pass without anybody noticing it or raising a finger of protest, and
• That the press should not in its own interest indulge in scurrilous or other objectionable writings which include those which have been considered below recognized standards of journalistic ethics by a fair-minded jury like the Council constituted of the press itself, for it would lead to the very loss of the much-prized freedom of the press.

Essential Features of Complaint against Media Misreporting

• The one who intends to make a complaint against any media misreporting should initially contact the editor or director or any person having an authority of the concerned media body. A just and fair proceeding from both the parties can have a potentiality of bringing in an expeditious and reasonable resolution by way of clarifications, simplifications, publication of a letter to the editor or the director, or an explanation, apology, and rectification.
• The person who intends to file a complaint against media misreporting is expected to unveil that he/she has been personally and immediately concerned and embroiled in, and/or attacked or influenced by the item or recital in dispute. Under some specific situation or set of circumstances, a third party can also be allowed to make the complaints in good faith.
• The complaint must be filed in writing with the “Complaint form’. There is no fees or charged for getting or submitting the complaint form.
• Complaints with the following elements can be rejected:

1. Complaints which do not violate the Code of Practice.
2. Complaints which intend to elevate issues which could possibly lead to the further invasion of the seclusion and isolation of those reported on.
3. Complaints which become visible to mirror malicious, frivolous or trivial concern to a large extent.
4. Complaints which comes out from an item or story which does not hamper the complainant in a direct manner.
5. In the instances where both the parties involved in the complaint arrive on an agreement, the matter could be closed.

• The concerned authority initially has four options which are:

1. Validate the complaint.
2. Reject the complaint.
3. Make settlement stating that the measure the media outlet has come up with is an abundant remedial step to get the complaint resolved.
4. Make a call for more suitable and relatable information.

• The Press Council of India and the News Broadcasting Standards Authority always target to judge a complaint in a sufficiently good, reasonable and fair manner. In the cases of justifiable and fair complaints, the most considerable penalty that can be levied is to deliver an unprejudiced judgment against the media outlet. The media outlet is pressurized and pushed to publish, broadcast or post the decision, with the required importance, and it may also be outlined on by other media bodies.
• If the violation is specifically serious and grave and/or forms part of a pattern of behavior, the concerned authority can also make the mention of the editor or the director or any authorized person publisher or owner of his/her own outlet.
• Decisions of the media misreporting cases might be used for guidance and reference in subsequent cases. Any pronouncement of decision delivered by the council could be used for enlightenment and direction in the succeeding cases.

Can I Directly Approach the Court?

• It is an undeniable fact that instances of media misreporting have the potentiality to give a bad image and fame to any person against whom the misreporting is done which could certainly be viewed as defamation. For defamation one can easily approach the court directly. However, there are some fundamental necessities in order to file a successful defamation suit.
• In order to file a successful suit against media misreporting which could lead to defamation, there must be the presence of defamatory report or matter. Defamatory content includes any such content in the report which has the probability of giving a bad or negative name and fame to any person without any substantial reason.
• In addition, the applicant or the person who is filing the suit must be recognized and distinguished in the defamatory media misreporting. The matter of the reporting must specify the name of the person filing the suit some way or the other in an undeviating manner.
• Nonetheless, there should also be the presence of the publicized statement which could lead to defamation either in written or in oral form.

Which Court to Approach?

• Instances of media misreporting which might lead to defamation are both criminal as well as civil offense. Likewise, cases concerning media misreporting could be filed in both civil and criminal courts.
• In a civil suit, if all the essential conditions which are mentioned above in the article are fulfilled, a defamation suit comes into existence. However, it is expected from the end of the defendant to plead a privilege or opt for a defense.
• Under Civil Law, defamation comes under the bracket of Law of Torts, which levies punishment in the way of damages presented to the person filing the claim.
• In a criminal case, the intention to defame is a very vital element. The awareness regarding the report is likely to defame or is defamatory becomes crucial in the cases where the intention is absent. All these things must be beyond reasonable doubt.
• In criminal law, defamation is non-cognizable, compoundable and bailable offense. Therefore, it is not possible for the police to start an investigation of defamatory media misreporting without having a warrant from the magistrate. The accused in such cases possess the right of seeking bail.
• Furthermore, the charges imposed can be withdrawn if the victim and the accused come upon a compromise to that effect. It is possible even without the permission of the court. Section 499 of the Indian Penal Code talks about defamation as a criminal offense. In addition, Section 500 of the Indian Penal Code talks about punishment which can extend up to an imprisonment for a term of two years, or with fine or both.

Paid News and paid Opinion Polls and Exit Poll

First of all, it is a well-known actuality that it is very difficult to ascertain whether any news is paid. Similarly, It is also very difficult to question the authenticity of Opinion and Exit Polls. Though, there are certain provisions one could opt for in order to file a complaint against any paid news or erroneous opinion or exit poll. There are certain procedures available which have the potentiality to address these issues, which are:

• Complaint to the Press Council of India.
• Complaint to the News Broadcasting Standards Authority.
• Complaint to the Indian Broadcasting Foundation.
• FIR under sections 153 and 295 Indian Penal Code, If the paid news could be considered as hate speech.

Remedies Available for Media Misreporting

Mentioned below are the remedies a person could attain if he/she goes on to file a complaint against any kind of genuine media misreporting:

• Compensatory damages, which means the money to reinstate the person in the position he/she would have been in if the misreporting had not happened and his/her reputation had not been harmed.
• An injunction to discontinue the publication.
• A retraction or a correction
• The complainant or the plaintiff might as well be presented with punitive or exemplary damages, which are aforethought not to compensate the complainant or the plaintiff but to give punishment to the defendant who has performed in evident overlook of the complainant’s rights.

Some Well-Known Cases Concerning Media Misreporting

• Justice P B Sawant, former judge of the Honourable Supreme Court of India had sued Times Now for erroneously putting on the show his photograph in a report on the 10th Day of September 2008, about a person with a phonetically alike sounding name supposedly involved in the Provident Fund scam of multi crores. The trial court in Pune had ordered the suit for Rs100 crore against the TV channel.
• The Delhi High Court sought a reply from the end of Arnab Goswami on the plea filed by Congress MP Shashi Tharoor for stopping Republic channel from misreporting on the death of his wife. The High court said that Goswami and the Republic Channel must respect Shashi Tharoor’s right to silence. While hearing the case, Justice Manmohan opined that Goswami, as well as his news channel, are allowed to put up stories conveying the facts concerning the investigation of the death of Tharoor’s wife but they must not call him a ‘criminal’.