NDTV’s Ethics Committee, Paid News and Disqualification of an MLA

There are two major developments in the last week on ethical journalism.  In one hand, NDTV has appointed self regulatory ethics committee, while Umlesh Yadav has been disqualified as the Member of Legislative Assembly of Uttar Pradesh Assembly for filing of incorrect account of election expenditure and suppressing the expenditure incurred on “Paid News”.

NTDV - most credible news network of India has strengthened its commitment of fiercely independent journalism and credible reporting. Recently NDTV has announced the formation of two independent groups -  NDTV Editorial Board and The Ethics Committee.

Board of Ethics is considered to be vital for Television channels for establishing a self regulatory system since many channels are known for telecasting one-sided sensational breaking news.

Led by Barkha Dutt as the President - Editorial Board and Sonia Singh as the President – The Ethics committee, both the groups will ensure regular and continuous oversight on all editorial and ethical matters of the NDTV.

The Editorial Board with Radhika Roy as the Chairperson will be responsible for all standards and matters editorial across NDTV. The aim of the Editorial Board is to take regular steps and pre-emptive action on the more complex issues that arise in the editorial direction for NDTV as well as be a focal point for answering any queries or complaints on editorial matters raised from within and outside NDTV.

The Ethics Committee headed by Sonia Singh will develop consistent standards and oversee all ethical issues across the organization. The Ethics Committee will report into the Compliance Committee Chaired by Radhika Roy.

In contrary to NDTV, the Election Commission of India has disqualified Umlesh Yadav, MLA from Uttar Pradesh for filing incorrect account of election expenditure including suppression of expenditure incurred on “Paid News”.

The Commission has passed an order, dated October 20, 2011, disqualifying Ms. Umlesh Yadav, elected candidate at General Election to Uttar Pradesh Legislative Assembly, 2007 from 24 - Bisauli Assembly Constituency for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of any State under Section 10A of the Representation of the People Act, 1951 for a period of three years from the date of the said order.

Ms. Yadav was disqualified by the Commission on the ground of not showing correct accounts of her election expenses, suppressing the expenditure incurred on “Paid News”. The Commission found her indulging in “Paid News”.

A complaint was filed against Ms. Umlesh Yadav before Press Council of India (PCI) and the Council investigated into the allegation of “Paid News”, published by “Amar Ujala” and “Dainik Jagaran” on the eve of the Assembly election, 2007. On the basis of the PCI report and complaint filed by Mr. Yogendra Kumar, the Commission investigated and heard both the parties and found that Ms. Yadav had indulged in “Paid News” during elections and did not disclose the true and correct account of her election expenses before the Commission.

It was found that the expenditure of Rs. 21,250/- paid by her party to the Dainik Jagran for the alleged publication of “Paid News” with a view to furthering her prospects in the election ought to have been included by her in her account of election expenditure. As the said expenditure has admittedly not been shown in her account of election expenditure filed on June 8, 2007 under Section 78 of the said Act, the said account of election expenditure is obviously not the correct or true account as required to be maintained by her under Section 77(1) of the Act.

By suppressing expenditure on ‘Paid News’ and filing an incorrect or false account, the candidate involved is guilty of not merely circumventing the law relating to election expenses but also of resorting to false propaganda by projecting a wrong picture and defrauding the electorate.

Such an attempt by the candidate to mislead the electorate runs grossly counter to, and in the face of, the Supreme Court’s solemn declaration in People’s Union for Civil Liberties v/s Union of India and others (AIR 2003 SC 2363) that the electorate should be made aware of the candidate’s antecedents, assets, liabilities and educational qualifications so that they can make an informed choice about their representative while exercising their franchise.

Hence, Commission passed order under Section 10A of the Representation of the People Act, 1951 disqualified Ms. Umlesh Yadav for a period of three years.

Section 10A of the Representation of the People Act, 1951 deals with the disqualification for failure to lodge account of election expenses.

It runs like this:

Disqualification for failure to lodge account of election expenses. —If the Election Commission is satisfied that a person—

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and

(b) has no good reason or justification for the failure,

the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

So, Ms. Yadav has been disqualified very well under the rule as the crime committed by Ms Yadav has been proved. But, at the same time, media could have played an ethical role by showing some resilience and by simply denying the offer to publish “Paid News”. But still Indian journalists feel proud when NDTV establishes self regulation by constituting an internal Ethics Committee.