Decision - Worldview Media Network Limited

Published date22 December 2020
Sanction 137(20) Worldview Media Network Limited
1
Sanction: Decision by Ofcom
Sanction: to be imposed onWorldview Media Network Limi ted
For material broadcast on Republic Bharaton 6 September 2019at 14:261.
Ofcom’s Sanction Decision against: Worldview Media Network Limited(“Worldview” or “the
Licensee”) in respect of its service Republic Bharat
(TLCS102985BA/1).
For: Breaches of the Ofcom Broadcasting Code(the “Code”) in
respect of:
Rule 2.3: “In applying generally accepted standards
broadcasters must ensure that material which may cause
offence is justified by the context. Such material may
include, but is not limited to […] offensive language, […]
discriminatory treatment or language (for example on the
grounds of […] religion or belief […]”.
Rule 3.2: “Material which contains hate speech must not be
included in television […] programmes […] except where it is
justified by the context”.
Rule 3.3:“Material which contains abusive or derogatory
treatment of individuals, groups, religions or communities,
must not be included in television […] services […] except
where it is justified by the context…”.
Decision:To impose a financial penalty payable to HM Paymaster
General) of £20,000;
To direct the Licensee not to repeat the programme; and
To direct the Licensee to broadcast a statement of Ofcom’s
findings on a date and in a form to be determined by Ofcom.
1Seematerialbroadcaston Republic Bharat and found in breach ofthe Code asdetailed in Ofcom’s Decision
(https://www.ofcom.org.uk/__data/assets/pdf_file/0035/191888/Poochta-Hai-Bharat,-Republic-Bharat,-6-
Sep-19.pdf) published on 24 February 2020 in Issue 397 of the Ofcom Broadcast and On DemandBulletin.
Sanction 137(20) Worldview Media Network Limited
2
Executive Summary
1.Republic Bharat is a satellite television channel broadcasting rolling newsand current affairsto
the Hindi speaking community in the UK, predominantly in th e Hindilanguage. The relevant
licence for this station is held by Worldview Media Netwo rk Limited.
2.On 6 September 2019 at 14:26 Republic Bharatbroadcast PoochtaHai Bharat, adaily current
affairs discussion programme in Hindi presented by the journalist Arnab Goswami. The debate
featured in this episode focused on India’s attempt to send the Chandrayaa n 22spacecraft to
the Moon on 22 July 2019. The debate between Mr Goswami and guest contributors focused on
Indo-Pakistani relations. This included discussion ofIndia’s record of space exploration and
other technological advancements in comparison to Pakistan’s, the on-going dispute between
Pakistan and India over Kashmir, and Pakistan’s alleged involvement in terrorist activities
against Indian targets.
The Breach Decision
3.In Ofcom’s Decision published on 24 February 2020 in Issue 397 of the Ofcom Broadca st and On
Demand Bulletin3(the “Breach Decision”) , Ofcom’s Executive found that this programme
contained uncontextualised hate speechand that this content was potentially highly offensive,
breaching Rules 2.3, 3.2 and 3.3of the Code.
4.The Breach Decision set out the broadcast material that was in breach, along with reasoning as
to why the material had breached each rule.
5.Ofcom put the Licensee on notice that it considered these breaches to be extremely serious,
and that it would consider them for the imposition of a sta tutory sanction.
The Sanction Decision
6.In accordance with Ofcom’s Procedures for the consideration of st atutory sanctions in breaches
of broadcast licences (the “Sanctions Procedures ”)4, Ofcom considered whether the Code
breaches were serious, deliberate, repeated or reckless so as to warrant the imposition of a
sanction on the Licensee, Worldview Media Network Limited. It considered that a sanction is
merited in this case since the breaches are serious for the reasons set out in paragraphs 44 to
51 below.
7.This paper outlines Ofcom’s final Decisionon the type and level of sanction to be imposed on
the Licensee, taking into accountall the relevant material in this case and Ofco m’s Penalty
Guidelines (the “Penalty Guidelines”)5.
8.Ofcom provided the Licenseewith the opportunity to make written represe ntations in response
to Ofcom’s Preliminary View, which the Licensee provided. The Licensee declined the
opportunity to make oral representations at a hearing.
9.Having considered the written representations madeto to us, Ofcom’s Decision is that the
appropriate sanction is to:
2 Mission Chandrayaan-2 (Hindi for “mooncraft”) is the second lunar exploration mission of the Indian Space
Research Organisation. The spacecraft was launched on its mission to the Moon on 22 July 2019 and was still
travelling to the Moon at the time of broadcast.
3See footnote 1.
4 SeeOfcom Sanctions Procedures
(https://www.ofcom.org.uk/__data/assets/pdf_file/0030/71967/Procedures_for_consideration.pdf
5See Ofcom Penalty Guidelines (https://www.ofcom.org.uk/__data/assets/pdf_file/0022/106267/Penalty-
Guidelines-September-2017.pdf)

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