Khalsa Television Limited (KTV Ltd) has been fined £50,000 by Ofcom for broadcasting an incendiary and objectionable music video glorifying violence and advocating violent acts against the Indian state. KTV is a television channel broadcasting to the Sikh community in the United Kingdom. It’s license is held by Khalsa Television Limited. Ofcom is the media regulatory body of the UK that sets standards for broadcast content and ensures compliance with UK’s standards and requirements.
According to Ofcom, the music video included a man wearing a hoodie with the image of two AK-47 rifles and an inscription in Gurmukhi script that read: “Peace will come via the bullet”. It included slogans glorifying Khalistan, and inscriptions promising a bloody fight for it. A drawing depicting the assassination of General Vaidya, a caricature image of former Indian Prime Minister Indira Gandhi with blood dripping from her mouth with a derogatory caption in English to the accompaniment of incendiary lyrics and flames superimposed over the image of the Red Fort in Delhi – a symbol of the Indian state, were some of the reprehensible images in the video. Ofcom was of the view that these images and text reinforced the music video’s narrative advocating violent action against the Indian state, and glorifying those who carry it out.
The complaint that Ofcom received was about a programme that featured two “suspected criminals” whose actions were “glorified”. The programme comprised a music video which included lyrics in Punjabi with some Gurmukhi and English script. Ofcom obtained an English translation of the Punjabi and Gurmukhi lyrics and text. It gave the Licensee (KTV) an opportunity to comment on the accuracy of the translation. According to Ofcom, KTV did not raise any accuracy issues, and says that it, therefore, relied on its translation for the purposes of the investigation. Again, on 5 December 2018, Ofcom sent its Preliminary View to KTV, which did not provide any representation. On 24 January 2019, Ofcom informed KTV that they would proceed with their decision in the absence of any representations from it.
Ofcom said it took into account the audience’s and broadcaster’s right to freedom of expression set out in Article 10 of the European Convention on Human Rights (“ECHR”), but that it must seek an appropriate balance between ensuring members of the public are adequately protected and the right to freedom of expression and freedom of thought and conscience. While acknowledging the right of people to make programmes on highly controversial political issues, Ofcom recalled that content likely to encourage or incite the commission of crime or lead to disorder must not be included in television or radio services. In this case, Ofcom said that the music video included dramatised scenes played by two male actors who appeared to be getting ready to carry out assassinations in the UK. These scenes were juxtaposed with images of real people who have been convicted or charged with having carried out murders for political reasons.
Ofcom was of the view that the video was an indirect call to action for Sikhs living in the UK to commit violence, including murder, against people who did not support the creation of Khalistan. KTV was also fined £30,000 for broadcasting a live discussion programme in 2019, containing statements by spiritual and community leaders amounting to implicit threats of violence towards a Sikh radio presenter resident in New Zealand. Ofcom also found the programme had the potential of legitimising the aims and actions of a proscribed terrorist organisation.
The action taken by Ofcom is a step in the right direction. We are moving into a world where social media is increasingly being weaponized by negative forces for their propaganda purposes. It is more and more difficult for free societies to balance the rights of freedom of expression and speech with the misuse of this tool of modern technology that enables instant outreach to the four corners of the world with relative anonymity. Greater vigilance over entities known for pushing violence and crime is essential. Swift and stern action, including banning or cancellation of licenses of offenders would serve as a deterrent. It is also a responsibility of citizens to take up cudgels against those who seem to believe that violence and crime can be pursued or advocated with impunity.
