ED slaps Rs 3.44 crore fine on BBC India for alleged FEMA violations

Public Lokpal
February 22, 2025

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ED slaps Rs 3.44 crore fine on BBC India for alleged FEMA violations

NEW DELHI: The Enforcement Directorate has levied a penalty of more than Rs 3.44 crore on BBC World Service India for alleged contravention of foreign direct investment (FDI) regulations, agency officials said on Friday.

The federal probe agency also fined three of its directors more than Rs 1.14 crore each as it issued an order against the British broadcaster following adjudication under the Foreign Exchange Management Act (FEMA).

A BBC spokesperson said in a statement to PTI that "at this stage, neither BBC World Service India nor its directors have received any adjudication order from the Enforcement Directorate."

"The BBC is committed to operating within the rules of all countries we are based in, including India. We will carefully review any order when it is received and consider next steps as appropriate," the spokesperson said.

The adjudication proceedings were initiated after a show-cause notice was issued on August 4, 2023, to BBC WS India, its three directors, and the finance head for various "contraventions" under the said law.

The ED launched a FEMA probe against the BBC a few months after the income-tax department conducted a survey operation at the news organisation's office in Delhi in February 2023.

The raids followed the release of a BBC documentary based on Prime Minister Narendra Modi's alleged role in the 2002 Gujarat riots, which killed at least 1000 people, predominantly Muslims.

BBC WS India, which is a 100 per cent FDI company, was engaged in uploading/streaming news and current affairs through digital media but "did not" reduce their FDI to 26 per cent, and kept it at 100 per cent in "gross violation" of the regulations issued by the government of India, sources said.

The press note 4 issued by the Department for Promotion of Industry and Internal Trade (DPIIT) on September 18, 2019, stipulates a 26 per cent FDI cap for digital media under the government approval route, they said.

The total penalty levied on BBC WS India stands at Rs 3,44,48,850, along with a fine of Rs 5,000 for every day after 15.10.2021 till the date of compliance for violation of the provisions of FEMA, 1999, the sources said.

Three BBC directors -- Giles Antony Hunt, Indu Shekhar Sinha and Paul Michael Gibbons -- have each been fined Rs 1,14,82,950 for their roles in "overseeing" company operations during the period of contravention, they said.

The Central Board of Direct Taxes (CBDT), the administrative body for the I-T department, had said in a statement after the 2023 survey that the income and profits shown by various BBC group entities were "not commensurate" with the scale of their operations in India, and that tax has not been paid on certain remittances by its foreign entities.

The BBC, after the I-T action, had said it will "continue to cooperate with the authorities and hope the matters are resolved as soon as possible."