BCCC fines Big CBS Spark Rs 2.5 lakh, orders apology scroll

The penal action follows complaints against the channel for the telecast of the telecast of rap song 'No Lie' by rappers No Chainz and Drake on the channel at 23:19 PM on May 2, 2013

BestMediaInfo Bureau | Delhi | August 19, 2013

The Ministry of Information & Broadcasting (MIB) has filed a complaint against Big CBS Spark channel for showing the rap song titled 'No Lie' by rappers Drake and No Change. The lyrics contain highly inappropriate language and are grossly offensive to good taste and decency.

After hearing the channel, the Broadcasting Content Complaints Council (BCCC) has decided to impose a penalty of Rs 2.5 lakh on the Channel. the channel and also ordered it to run an Apology Scroll in English from 12 noon on Sunday, August 25, 2013 to 10 AM on Wednesday, August 28, 2013

The following excerpts from the rap song 'No Lie' are a case in point:

- “…my boo bigger tits and a bigger ass”

- “Hit ya ass with that block out; Dope enough to go in yo nostrils; I'll take ya girl and kid nap her; Feed her to my mattress; The skeletons in my closet; It's probably dead ass rappers; It's possibly pussy ass niggas”

- “That pussy so good I miss ya”

- “I say fuck you, 'less I'm with ya”

- “She got fucked, she knew wassup”

- “Then I fucked her once and never fucked again; She could have a Grammy, I still treat her ass like a nominee; Just need to know what that pussy like so one time it's fine with me; Young as an intern, with money like I built the shit”

- “I'll out rap his ass; I'll trap his ass; Put his ass in a plastic bag with his trashy ass”

- “Left hand on that steering wheel; Right hand on that pussy”

BCCC watched the said rap song pertaining to the complaint and issued a notice to the channel. The channel filed a reply mentioning that this is a niche channel. It is meant for and watched by a select audience only. Therefore, the norms and guidelines may not be strictly applied to these programmes.

Thereafter, the channel's representatives appeared before the council at its 26^th Meeting on July 10, 2013. It may, in fact, be mentioned that the channel did not even press the above defence at the time of hearing. It submitted this error had occurred only because they had encountered some problem with their S&P (Standards & Practices) Department. The channel said they have now restructured their S&P Department and, therefore, such violations would not occur in the future, and sought a lenient view in the matter.

In BCCC's opinion, the defence raised by the channel was completely untenable. Even if there was some problem with the S&P Department, the same still did not absolve the channel of its responsibility.

The Council found that the programme in question was violative of Clauses (a), (d) and (k) of the 'Programme Code'. In addition, the programmes are also violative of Guidelines 1 and 2 of 'Theme 2: Sex, Obscenity and Nudity' of the IBF Self-Regulatory Guidelines. Furthermore, the programme is also violative of Clause a) of Category 'G' Programmes for unrestricted viewing and/or under parental guidance as well as Clause a) of Category 'R' Programmes.

It is, however, brought to the council's notice that on July 19, 2013, the IBF Board of Directors has conferred powers on BCCC to levy financial penalty on a channel, subject to a maximum of Rs 30 lakh. Having regard to the serious nature of the violations, the council proposed to impose a consolidated financial penalty on the channel.

The channel was issued a showcause notice on July 25, 2013, directing it to explain why a financial penalty should not be imposed on it under the IBF's amended Self-Regulatory Guidelines. The channel was directed to appear before the council at its 27^th meeting on August 12, 2013.

After hearing the channel at length, the BCCC decided to impose a financial penalty of Rs 2.5 lakh on the channel. The channel was directed to deposit the amount with the Indian Broadcasting Foundation on or before September 15, 2013.

Further, the council directed the channel to run the following Apology Scroll in English, in large and legible bold fonts at normal speed, every two hours, over a period of three days, from 12 noon on Sunday August 25, 2013 to 10 AM on Wednesday, August 28, 2013:

“In compliance with BCCC's Order passed on 14 August 2013, Big CBS Spark apologizes for the telecast of rap song 'No Lie' by rappers No Chainz and Drake on 2 May 2013. This programme was found to be in violation of Indian Broadcasting Foundation's (IBF) Self-Regulatory Guidelines.”

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