Against the background of some sensational sting operations by the media, an official committee has drafted a comprehensive set of guidelines contemplating a series of do's and don'ts for the broadcast media under which media persons should identify themselves to potential targets when undertaking such an operation.
The Broadcasting Code and Guidelines, drafted by a sub-committee constituted by the Information and Broadcasting Ministry, has a separate chapter on news and current affairs that deals in detail on how broadcast journalists should go about their work, including sting operations. The draft seeks to replace the age-old Programme and Advertising Code.
Emphasising that infringement of privacy in a news based/related programme is important, the guidelines specify that where the media carries out a sting operation, it should be able to justify its undercover operation as 'warranted' in public interest.
A section titled 'Privacy' elaborates how a broadcasting service provider should avoid any 'unwarranted infringement of privacy' in news-based programmes and while obtaining material for such programmes.
It spells out a 16-point do's and dont's for the media, making it clear that channels must not use material relating to 'persons personal or private affair or which invades an individuals privacy unless there is an identifiable public interest reason for the material to be broadcast.' It specifies that any infringement of privacy in this connection must be warranted.
Delving into the term warranted, the draft guidelines say: "It means that where the licensee wishes to justify an infringement as warranted, it should be able to demonstrate why in particular circumstances of the case it is warranted."
The draft guidelines propose that a broadcaster can record telephone calls with another party if it has, from the outset of the call, identified itself, explained the purpose of the call and also that it is being recorded for possible broadcast unless it is warranted not to do one or more of these practices.
"If at a later stage it becomes clear that a call that has been recorded will be broadcast (but this was not explained to the other party at the time of the call), then the BSP must obtain consent before broadcast from the party, unless it is warranted not to do so," the guidelines propose.
The code says any infringement of privacy in the making of a news based/related programme should be with the person's and/or organisation's consent or be otherwise warranted.
"If the broadcast of a news-based/related programme would infringe upon the privacy of a person or organisation, consent should be obtained before the relevant programme is broadcast, unless the infringement of privacy is warranted. "If an individual or organisation's privacy is being infringed, and they ask that the filming, recording, or live broadcast be stopped, the BSP should do so, unless it is warranted to continue," the draft says.
It says legitimate expectations of privacy will vary according to the place and nature of the information, activity or condition in question, the extent to which it is in the public domain (if at all) and whether the individual concerned is already in the public eye.
The draft guidelines note that damage or injustice resulting from news and current affairs contents of TV cannot be undone post facto. "Hence, there is a need for having deliberate and transparent guidelines and standards for news programming that need to be followed scrupulously by all," it says.
The preamble to the draft code and guidelines states that a need had been felt to regulate the content going into public domain to ensure conformity with acceptable contemporary community standards and to protect the vulnerable sections from harmful and undesirable content on TV.
It said the code had been drafted to introduce greater specificity and detail with a view to facilitate self-regulation by the broadcasting industry and minimize scope for subjective description by regulatory authorities/government. The basic underlining principle of this code is that the responsibility of complying with the provisions vests with the broadcasting service provider, the preamble says.
© 2025