Complaint to the Deputy Police Commissioner, Bangalore regarding hate speech by Republic TV

Jul 08, 2024
By PUCL Karnataka, Hate Speech Beda, SWARAJ Abhiyan

Subject: Seeking registration of FIR and action against Republic TV Kannada and Anchors Jayaprakash Shetty and Smitha Ranganath.

Dear Sir/Ma’am,

We are a group of concerned citizens, lawyers, activists and civil society. We are filing this complaint on behalf of Campaign against Hate Speech, People’s Union for Civil Liberties, Swaraj India, who want to draw your attention towards an urgent and shocking incident in July 2024.

 

Republic TV Kannada (a Kannada news channel having its registered office at No. 13/3 Lal Bagh Main Road, K. S. Garden, Vinobha Nagar, Sudhama Nagar, Bengaluru – 560027) aired a series of programmes[1] on July 29th and July 30 with an intention to spread communal hatred, conduct a media trial and put the lives and liberty of working-class Muslim citizens at risk.

 

  1. On July 29th and July 30th, Republic TV Kannada aired multiple programmes with headlines such as “Bangladeshis Entering Illegally Poses Threat to Bengaluru”; “Historical Expose”; “Operation Bangladesh”; and “The Residents of Such Settlements Become Active After Midnight”. You can access one of the telecasts anchored by Jayaprakash Shetty and Shruti Kitturu in this link, https://www.youtube.com/watch?v=ojQRuKUoYn0 which now has over 27k views on YouTube.

 

The people subjected to intrusive questions that were being broadcasted are daily wage workers engaged in waste-picking and manual labour. In this news broadcast, the anchors allege that the immigrants entering India even for livelihood purposes affect our national security. After demanding people to furnish documents to prove they were Indian, the anchors accuse the people who show valid Aadhar cards and other ID documents of procuring them illegally through the support of local corrupt political leadership.

 

The anchor Jayaprakash Shetty further goes on to explain how the immigrants could turn into extremists tomorrow due to their circumstances. He draws parallels of the immigrants with the JMB (Jamatul Mujahideen Bangladesh) and how all its members had also belonged to Bangladesh and had engaged in daily wage-based work but had eventually gone on to commit dacoity, extortion and ultimately building bombs.

 

He also says that Pakistan has always wanted to avenge India for their defeat in the Indo-Pak wars of 1971 and 1999 and they would definitely attempt to come through Bangladesh. He even says that Ajmal Kasab, accused in the 26/11 Mumbai Terror attacks had entered India through Bangladesh.

 

He says that these immigrants should be deemed as terrorists and the fact that they are rag-pickers today makes them vulnerable and wanting to indulge in extremist activities in the future. He mentions that without a doubt, “there will be a bomb blast in the future”. He repeatedly mentions that no Indian is afforded any relaxation when they migrate illegally to other countries, but such allegedly Bangladeshi immigrants are given electricity when a lot of Indian citizens are having to fight for basic amenities.  

 

Additionally, without any basis at all, Jayaprakash Shetty goes on to allege that the persons engaging in waste picking extract unfair fees while billing for lorries and other carrying logistics. He also mentions that these people can be kicked out if the Citizenship Amendment Act is properly enforced.

 

  1. Following this, in another telecast on July 29 that can be accessed here https://www.youtube.com/watch?v=xqCk8WU0c1A, the anchor by the name of Smitha brings in a person from Kodagu who alleges that “Kodagu also has an infiltration on illegal Bangladeshi immigrants in lakhs”. He makes multiple baseless hateful allegations against the workers, including on how the immigrants initially worked for lesser wages in plantations compared to local workers and eventually grew to the position of leasing out lands. He says that they are prospering in farmers markets, marrying local residents and that this is “very dangerous”. He also says that the Bangladeshis there are accused in a number of crimes there including murder, child sexual abuse, selling cow meat.

 

He alleges that they are criminals using fake SIM cards in the name of local residents so that they can commit crimes and flee the country without leaving a trace. He also says that all of the alleged “migrants” have valid IDs but that he “can find out through their accent that they are lying”. He repeatedly alleges that they have local politicians’ support in availing the Identity Cards. The anchor then mentions that “there should be raids and our leaders should be held accountable”.

 

  1. Following the extensive telecast, Republic TV goes on to air a Programme titled “Big Impact” which brings in unsuspecting residents of S Bingipura and Hoskote on camera, who all possess valid Identity Cards. See  https://www.youtube.com/watch?v=6YZkHB1hbQc  and https://www.facebook.com/share/v/i99Jk7HQVKezahTg/?mibextid=D5vuiz . The anchor goes on to speak to the residents who all show valid ID cards to the camera. The anchor then says that “none of the documents are authentic” and that “local politicians have issued the cards after being bribed and to secure votes”. The police can be seen on camera verifying the identity cards. He goes on to tell the residents that “only those who lie need to be worried”.

 

The anchor repeatedly accuses that the residents “are from Bangladesh, but maintain documents as from Kolkata. Who is helping them get these fake documents?”. Further that “they show Kolkata in Aadhar, but their actions infer otherwise”. The anchor invades the space of the residents and jabs them while saying “you’ve barely been here a year and doing so much masti”; and saying to the camera – “They mention different addresses each time we ask”.

 

  1. The Telecast on Facebook: (https://www.facebook.com/share/v/i99Jk7HQVKezahTg/?mibextid=D5vuiz) also shows the homes being demolished in S Bingipura following police intervention. A JCB can be seen ripping the sheds down while the anchor Chandrashetty goes on to allege that the electricity connections are obtained illegally and that the documents are fake.

  2. In a video here https://www.youtube.com/watch?v=DyX-lPq87Iw telecasting the Big impact (Hoskote Gidappanahalli raid) – the presenter Manjunath again asks for the area to be raided soon and the residents to be sent out.

 

In the name of a ‘sting operation’ Republic TV Kannada have spread false narratives and baseless allegations against Muslim migrant workers from Kolkata, and have accused them of being illegal immigrants from Bangladesh. Be it in Bangalore or Kodagu, these workers were portrayed by the news channels as criminals with potential to become extremists or terrorists, thereby making them a threat to national security.

 

Firstly, the news channel took law into their own hands by conducting such intrusive questioning on live broadcast. They not only violated journalistic ethics, but went beyond their mandate by demanding ordinary workers to produce documents to prove their citizenship on live TV. In clear violation of journalistic norms and in direct violation of the right to a fair trial and the right against a media trial, Republic TV Kannada displays the pictures of who it claims are ‘illegal immigrants’.

 

Secondly, the workers who were questioned on live broadcast are daily wage workers and rag-pickers residing in slums. These workers and their families already live in precarious conditions with no job security or any form of social security. Such fear-mongering coverage with the intent to spread hate against the Muslim workers has risked not only their safety but also their livelihood security and has imposed a threat of eviction. They have also made the migrant workers vulnerable to further communal violence.

 

Thirdly, such coverage has played as a catalyst to spread hate against the minority community and has contributed to creating anxiety in the state and in the minds of people about an entire working population. In observing the comment sections of the videos shared above, one can see how people are demanding that such migrants must be ‘killed in encounters’ or ‘thrown out’. There are also comments that say ‘Danger! Danger!’.

 

Fourthly, the allegations of the news channel against political leaders who have issued illegal identity cards are baseless and nothing more than fake news. They have used this fake news to demand for the implementation of widely criticised Citizenship laws and call for the deportation of the workers.

 

The lived reality of hundreds of migrant families has been directly impacted, as this news coverage has instilled a sense of fear in their minds. It has also led to raids by the police, illegal demolitions of the sheds and shelter of these families, without the issue of any written notice, rendering more than 70 families homeless.

 

All the broadcasts are aimed at fear mongering, inciting violence against the Muslim community, disrupting communal harmony and undermining the social fabric of our pluralistic society. This hateful narrative violates journalistic and ethical standards in addition to violating the fundamental rights of the residents of the slums and sheds – leading to a loss of livelihood, shelter and dignity.

 

This reportage is in flagrant violation of the following:

  1. As per Section 5 of the Cable Television Networks (Regulation) Act, 1995, no person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code. Republic TV Kannada has violated several provisions of the Programme Code contained in Rule 6 of the Cable Television Network Rules, 1994, including the following:

Rule – 6 of the Programme and Advertising Codes prescribed under the Cable Television Network Rules, 1994. Rule 6 (1) states that no programme should be carried in the cable service which:

“(c) Contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes.
(d) Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half-truths;
(h) Contains anything affecting the integrity of the Nation;
(i)  Criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country;

(m) Contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups;”


In suggesting and insinuating that the Muslim migrant workers are illegal immigrants, Republic TV Kannada must be held accountable for misinforming the public and violating the workers’ right to privacy, dignity and right to livelihood. Thus, having violated several provisions of the programming code and Section 5 of the Act, the authorised officer under the Act may exercise powers under Section 11 to seize equipment used for operating the cable television network and initiate appropriate action against Republic TV Kannada under the Act.

 

  1. The Norms of Journalistic Conduct, 2010 laid down under Section 13(12)(b) of the Press Council of India Act, 1978:
  1. Right to Privacy
  2. i) The Press shall not intrude or invade the privacy of an individual, unless outweighed by genuine overriding public interest, not being a prurient or morbid curiosity. So, however, that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by the Press and the media, among others. Special caution is essential in reports likely to stigmatise women

Explanation: Things concerning a person’s home, family, religion, health, sexuality, personal life and private affairs are covered by the concept of PRIVACY excepting where any of these impinges upon the public or public interest.

 

  1. The channel is also in gross violation of the principles of neutrality, objectivity, and impartiality that are enshrined in the News Broadcasting Digital Standards Authority’s Code of Ethics. 
  2. In violation of the people’s constitutional rights enshrined in Article 14, 15, 19 and 21, the news channel has endangered the lives of extremely vulnerable Muslim migrant workers.
  3. The shows aired by Public TV amount to several offences under several sections in the Bharatiya Nyaya Sanhita, 2023 including:
    1. Section 196 (formerly Sec 153A of the IPC) – Penalises promoting enmity, hatred or ill will between different groups on grounds of religion, race, place of birth, residence and language and doing acts prejudicial to maintenance of harmony and public tranquillity.
    2. Section 299 (formerly Sec 295A of the IPC) – Penalises deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
    3. Section 353 (formerly section 502 of the IPC) Penalises false information, reports and statements containing false information, rumour or alarming news with an intent to promote feelings of enmity, hatred or ill will between communities.

 

In the name of such sting operations and claiming the residents of a slum have potential to be extremists without any evidence, they have put the lives of the entire Muslim migrant community at risk. They have incited hate against them and even spread such alarming news that led to the demolitions in S. Bingipura. In fact, this illegal state action has been brought to the attention of the DGP, Karnataka (letter annexed).

 

Therefore, several offences under the Bharatiya Nyaya Sanhita, 2024 have been clearly made out, requiring immediate and strict action to punish and rectify the same.

 

In light of the above, we seek that you:

 

  1. Immediately register FIR against anchor Jayaprakash Shetty and Smitha Ranganath in addition to editors and correspondents responsible for the telecast of these programmes under relevant above-mentioned sections of The Bharatiya Nyaya Sanhita;
  2. Initiate action under the Cable Television Network Rules, 1994 and Cable Television Networks (Regulation) Act, 1995 including by seizing the equipment of Republic Kannada and prohibiting the transmission of the programme which promotes disharmony and feelings of enmity on the ground of religion and community between the Hindu and Muslim communities;
  3. Immediately take down the coverage of Republic Kannada from all platforms including YouTube and Facebook; and
  4. Direct Republic Kannada to air an unconditional apology on their channel, YouTube and Facebook live at primetime.

[1] Link 1: https://www.youtube.com/watch?v=xqCk8WU0c1A, Link 2: https://www.youtube.com/watch?v=6YZkHB1hbQc, Link 3: https://www.facebook.com/share/v/i99Jk7HQVKezahTg/?mibextid=D5vuiz, Link 4: https://www.youtube.com/watch?v=DyX-lPq87Iw.