NEW DELHI: The News Broadcasting Standards Authority (NBSA), the self-governance arm of News Broadcasters Association (NBA), on Monday issued fresh guidelines barring news channels from revealing any information that divulges the name, photograph and other details of victims of sexual assault and child abuse and juvenile delinquents.

The guidelines also bar disclosure of the identity of the witnesses to such incidents.

In a new set of Guidelines on Reportage of Cases of Sexual Assault, the NBSA, chaired by Justice J S Verma, said the fresh guidelines were aimed at respecting the privacy of the victims.

The guidelines have been issued amid controversy over the revelation of the identity of the male companion of the 23-year-old Delhi rape victim by a news channel. Both were brutally assaulted by six persons in a moving bus on 16 December. A UK-based newspaper has already revealed the identity of the victim and also that of her father. The rape victim, who was a paramedic student, succumbed to her injuries in a Singapore hospital.

The guidelines bars news channels from divulging the name, photograph and other details that may lead to disclosure of the victim?s identity or that of the family, while reporting on cases of sexual assault on women, victims of child abuse and juvenile delinquents.

Similarly, news channels must ensure that no victim of sexual assault, violence, aggression, trauma or a witness to any such acts, is featured in any news report or programme relating to such victim, without concealing the identity of such person. In conformity with this principle, any visuals shown of the victim must be completely morphed.

The Authority said news channels must bear in mind that news coverage of crime influences the mindset of the viewer and has a significant impact on the public perception of such crime. ?In reporting on matters involving sexual assault, news channels are advised to carefully balance the survivor?s right to privacy and that of the survivor?s family with public interest.?

The NBSA said the term "sexual assault", in addition to any penal offenses prescribed in law, shall mean and include all forms of unwelcome sexually determined behaviour (whether directly or by implication) such as - (i) physical contact and advances, including eve-teasing and molestation; or (ii) a demand or request for sexual favours; or (iii) sexually coloured remarks; or (iv) showing pornography; or (v) acid attacks; or (vi) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The NBSA says news channels must exercise sensitivity, discretion and sound judgment particularly when disclosure of details of the sexual assault would only serve to re-traumatise the survivor; and when details of the sexual assault are needed to be disclosed to secure a safe environment.

News channels must take special note of the provisions of Section 228A of the Indian Penal Code 1860 and of Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which provide for protection of the identity of victims of sexual offences and of juveniles in conflict with the law.

Zee News? Response:

Reacting to the guidelines, editor of Zee News Sudhir Chaudhary told indiantelevision.com that "Zee News is committed towards showing utmost respect whenever new guidelines are issued by honourable NBSA."

Earlier, Chaudhary had issued a statement on the news channels decision to carry the interview of the friend of the Delhi rape victim. The statement is reproduced verbatim below:

"There are lot of mails and phone calls coming to Zee News and my colleagues in Zee News editorial that we should tell the viewers what happened in those two and a half hours in the bus and why Zee News did not show that part of story when we interviewed the witness? Most of the callers were sure that when we have interviewed the person from the time the victim girl and he were thrown out of the bus, thinking that both were dead, we must have recorded the details which happened in the bus as well. Why are we not showing that part?"

"In view of so many calls and angry messages, I want to tell the true version to the viewers of Zee News, as well as the 670 million viewers of Zee network.

"When we started recording the interview with the eye witness, he started telling us the story right from the time he and the victim came out of the mall and their unfortunate journey that began without knowing that their destiny is taking them to disaster. He talked about how they got into the bus and described the ambience in the bus, the dark glasses, the curtains and the darkness in the bus. These details are there in the interview we have telecast.

"He then started telling us the minute by minute account of what happened in the bus and how he and the helpless girl were struggling to defend themselves and how he was trying to save her.

"I have to tell you all my friends and well-wishers, which is YOU...

"It is because of you that my team, me and my company exists. If you as a viewer will not give your time to watch our channel we cannot survive. Hence you demanding the account of what happened with the girl and the boy in the bus, is fully justified.

"But dear viewers, I have to say that Zee News and the entire Zee Network has always kept the country?s dignity supreme. We have been responsible rather than keeping a selfish motive to make money as supreme. If we would have recorded and shown the minute by minute account of what happened in those two and half hour in the bus running on the busy roads of Delhi, our viewership would have exceeded the viewership of the 26/11 attack in Mumbai.

"It would have been a bigger television show than the attack on the Indian Parliament in 2001. You would have been as ashamed as much as we have been in the recording studio here.

"As soon as the witness started telling the minute by minute account, my team decided to switch off the cameras and not take it on record so that we are not tempted to telecast it. If we would have showed the details of the journey in the bus and how this never before crime was committed, we could have been rated the highest reality show amongst the 400 odd TV channels in India.

"We would have become the leaders in terms of TV ratings.

"But we would have also made the 121 Crore Indians feel ashamed of themselves.

"We felt that it could have aroused emotions of the people to the highest degree. We felt that it could have aroused the anger in all of us to dangerous levels.

"We felt that both emotions and anger could have resulted in a reaction like what happened when the Mandal Commission report was implemented by the Late V P Singh Government, when many young people set themselves on fire and died.

"Friends, that is why we did listen to the entire story and the account of what happened in the bus and all of us cried no end while listening. For the first time, I personally felt ashamed. I have always believed that we in India have the least police stations in the world as we have least crime but the voice which was going to hit my ears has shattered my belief. Hence we did not record this part of the story and we did not do it due to the reasons I have just put before you.

"If you feel we have made a mistake, or we were wrong you have the right to say so and feel so. We can still record and show you the details of the terrible bus journey due to which the late brave girl has woken up the nation. She has warned all of us. She has asked us to change. She expects all of us to be the agents of change and she wants that we should first change ourselves. We should become as fearless as she and her friend did in the entire two and a half hour journey. It is only then that we can force change. We can demand and change the kind of law makers we elect. It is only when we are out of fear and favor that we can change the kind of people that represent us within India as well as outside the nation.

"If we were selfish about getting more and more Television Rating Points, we would have shown the entire account of the gruesome incident. But Zee Network, Zee News, it?s executives and all the people who work with us are Indians first and have always stood by India?s self esteem and will continue to do so. We are for Television Respect Points and not Television Rating Points that everyone runs after and sensationalizes news.

"We are committed to do so without fear or favor. We know that in the present time the level of tolerance to face the truth has diminished all around. No one, I repeat, no one can face the slightest of criticism. This is despite many of them committing crimes and stealing public money and resources. Yet they file defamation cases against the media whenever the media tries to expose them.

"Today it is a well accepted fact that none of the people running the system appreciates media, specially the online and electronic media, as it is instant. A prominent Union Minister is on record in one public function and while he may have said it in other forums as well, but I quote from the one where I heard it. He has said that the paralysis of the government not functioning is not due to the UPA government and UPA is not responsible, it is because of the CAG, the Judiciary and the media.

"In this state of affairs, we at Zee News still continue our resolve to bring to you our viewers, the Indians at large, the decision makers and the civil society???.. The Truth. But what happened?

"We are being made villains by the Government?.. by the system??. by the police??? by the so called intellectuals ????and you my friends are there as a mute spectators.

"Any way our matter is not so important as the issue at hand, that of THE RAPE we are talking about.

"We will still face the atrocities of police, the system and the government, as we have been facing for the last few months including on Friday, when an FIR was logged against Zee News and I being the final authority was interrogated in a police station instead of being appreciated for being a responsible and a respectable journalist and broadcaster.

"The complaints by us against the complainant of an FIR filed earlier on Zee News Limited by an influential MP of the ruling party, fell on the deaf ears of the Delhi Police.

"Yesterday?s interrogation at the police station was only directed towards "Do not show the truth which is against the system" otherwise you will suffer and will have to face police action and atrocities.

"Friends, if I have your support I will say "We are and we will suffer such pains of the police raj. Though it is painful and very painful for our families, our children, but we feel these pains are far less than our elders who not only suffered the pain but laid their lives so that we the present generation could be liberated. They did give us freedom, but they also must be wondering "Did they hand over the Free India to the right people or the right system".