In 3 years, nearly 60% orders by TV & digital news regulator cite communal code breach

They also show that the self-regulator’s dominant enforcement tool was partial or complete content removal, with minimal use of its powers to impose fines upto Rs 25 lakh — and significant procedural delays, averaging 11-12 months from the initial complaint to the final order, leaving the offending content in the public domain till adjudication.

In essence, an analysis of NBDSA’s orders from 2023 (see chart) points to a self-regulatory framework that acknowledges ethical breaches in the broadcast and digital space but rarely imposes strong penalties as a deterrent, with the long lag defeating its very purpose.

Consider this:

* The NBDSA penalised broadcasters for violations of its Code of Ethics and broadcasting guidelines in 43 of the 54 complaints overall, including 32 of 39 linked to communal harmony. The remaining 11 orders imposed no penal action due to various reasons: no violation was found, breach was not grave enough, corrective steps had already been taken, matter was pending before a court.

* In 37 out of the 54 cases, the NBDSA directed broadcasters to partially or completely remove the offending videos from their platforms. It imposed financial penalties in six instances over the last three years, with the fines totalling Rs 3.2 lakh, but in none out of the 19 orders it passed in 2025.

The cases related to communal harmony are telling:

* Nine cases concerned TV news shows invoking narratives of population explosion or demographic change linked to minorities, including two that used the term “land jihad” in reference to land encroachment issues.

* At least nine cases focused on the “love jihad” narrative, portraying interfaith relationships or crimes against women as conspiracies.

* Two cases related to food, including the use of terms such as “Thook (spit) jihad”, while four others invoked international events, such as the Israel-Hamas conflict, to frame local narratives targeting minorities.

* The Election Commission, in a lone instance, forwarded a complaint by the CPI on a News18 India show on Ram Navami. The complaint alleged that the show violated the Model Code of Conduct during the Delhi elections (2025). The NBDSA found fault with the anchor’s analysis correlating the influence of “Ram with an increase in the vote share of BJP and the consequent decline of Congress”.

The NBDSA also adjudicated multiple complaints regarding political bias against opposition parties and the queer community, the use of demeaning language related to caste and tribal identity, and airing of misleading and defamatory content.

Records show that Times Now Navbharat topped the list with 16 orders for content removal, one of which also included a fine, followed by News18 India with eight orders for removal with four involving fines as well, and Zee News with five orders for removal.

The highest penalty of Rs 1 lakh in a single case was levied on Times Now Navbharat for a show that allegedly generalised inter-faith marriages as “love jihad” based on unverified claims.

In its orders, the Authority held that while population growth is a legitimate concern, broadcasters must address it objectively. It condemned the selective use of data to blame a particular community without cogent evidence, and found it inappropriate to link such cases to “love jihad” or to target an entire community.

When contacted on whether they had complied with the NBDSA’s orders and what safeguards they had put in place, a News18 Network spokesperson told The Indian Express that they have “always been in compliance with the orders” issued by NBDSA. Times Now Navbharat and Zee News did not respond to requests for comment.
‘Process fair, involves all members’

The Authority is currently chaired by retired Supreme Court judge Justice A K Sikri with eight other members, including four independent members who are retired IAS or IFS officers and four “editor members” from TV news channels. It meets at least once every two months, with all decisions taken by consensus.

Its current independent members are former IAS officers Dr Naseem Zaidi, Vrinda Sarup and J S Deepak, and former IFS officer Navtej Sarna. Its editor members are M Gunasekaran, editor-in-chief, Sun News; Vaishali Sood, senior managing editor, NDTV; Ranjit Kumar, managing editor, Times Now Navbharat; and, Yadagiri Reddy Kancharla, managing editor, Sakshi TV.

The Authority’s Specific Guidelines Covering Reportage stipulate that caution must be exercised in reporting content that denigrates or offends the sensitivities of any religious group or creates disharmony.

Under the News Broadcasting and Digital Standards Regulations, issued in April 2008 and last amended in December 2024, the NBDSA follows a tiered penalty regime: up to Rs 2 lakh for a first violation; Rs 5 lakh for a second; Rs 10 lakh for a third; and up to one per cent of a channel’s turnover, capped at Rs 25 lakh, for a fourth violation.

The NBDSA has a two-tier grievance mechanism: complaints must first be filed with the broadcaster within 15 days, and may be escalated to the Authority within the next 15 days if unresolved. While empowered to act suo motu, all orders in the past three years have arisen from individual complaints, with case volume per meeting varying by pendency and complexity.

Speaking to The Indian Express, Justice Sikri said the adjudication process was fair, noting that editor members do not participate in hearings involving their own channels.

He attributed delays in the process to the Authority’s consensus-driven process among nine members, which often requires reviewing entire programmes to verify claims, assess context, and deliberate collectively before issuing an order. “We ask all members for their comments, and only when they all say yes do we issue the order,” Justice Sikri said.