ABSTRACT

‘Journalism’ in its concrete form of expression has grown in its power over a period of time. The fundamental aim of journalism is to serve the people of the nation, with views, news, information and comments. The matters of this news and information must be related to public interest, in a very accurate, fair, decent and unbiased manner and simple language. The mandate of the Press Council of India is to ensure that the standards of media are maintained, by building up a moral code of conduct for it.

Media or the press is considered the ‘Fourth Pillar’ of the society. After the other three pillars: The Legislature, the Executive and the Judiciary, it stands to be entrusted with the task of ensuring legality of all actions and government decisions. If any kind of media or print exceeds its jurisdiction, the Supreme Court has the power to ensure that the violation of Fundamental Rights does not go unchecked [1]. The code and conduct for the media is followed by all the journalists, in every circumstances.  

INTRODUCTION

Despite the growth of technology and in the numbers of newspapers, TV channels, web space; the Freedom of speech and expression remains the most important fundamental right as enshrined in the Article 19 (1)(a) of the Indian Constitution. It includes the right to press as well. The powerful media is the cornerstone of free and democratic country. Such is the power of the Journalists that has the ability to mobilize the minds and thinking process of millions.

The Journalists are the medium to express the views of the public and to bring the injustices of society forth by giving the suggestions for correction, in a country. But, they also are responsible for building opinions and having instrumental views on certain issues of public interests at national, international and regional levels. The media acts as a watchdog of the functionaries of the society and attempts to bring forth the wrongs or infringements in the system.

However, to enjoy all the privileges, the media has to maintain the following of certain mandates and ethics, in the process of collecting and disseminating the information, while ensuring its authenticity and with the acceptable language only. The fairness and objectivity in reporting the information, data or news must be continued throughout. Keeping in mind the need of the society and the effect that the data can make. The sense of professionalism and universally recognised norms, must be maintained by the Journalists.

With the great power and importance in the society, comes the great responsible, of being accountable professionally for the reports and information shared with the public. There are some TV channels that in race of increasing their TRP ratings, resort to sensationalized journalism, in a long way to earn the competitive edge over others. There is a common sighting of reports of sting operations these days, as they are a part of the pace at which media is evolving.  This tool is used by the media, to highlight the enormous need of ‘responsible Journalism’.

RIGHT TO PRIVACY vs. STING OPERATIONS

In the beginning the television channels, promoted the series with investigation, using the hidden cameras and other espionage device tools. Then, the technology advancement gave the birth to special miniaturised audio and video technology tools. They were wireless and with efficient proximity signals and single battery use. The over-commercialization has led to the more inquisitive nature of the media.

If we take the law enforcement into consideration then, the sting operations are the operations designed to catch an offender or a person who has committed a crime by means of deception. Whereas, a typical sting operation requires the presence of a law-enforcement officer or cooperative member of the society, to get proof of the suspect’s actions and evidence for the same. These sting operations may come under the right to free press but, carries an wilful duty to respect the right to privacy of others.

In case of Kharak Singh vs. Uttar Pradesh and Others [2], the Apex Court observed that even though, our Constitution does not expressly declare the right to privacy as a fundamental right but, it comes under the purview of right to personal liberty. This is case in which right to privacy was invoked to challenge the surveillance of an accused individual, by the police. And, later in the case of Gobind vs. State of Madhya Pradesh and Another [3], the right to privacy was fully incorporated under the expansion umbrella of the Article 21 of right to life and personal liberty, enshrined in our constitution. The Supreme Court observed that the police officers were fringing rights unconstitutionally.

CONDUCT FOR THE JOURNALISTS

The Press Council of India is the body of that mandates the mechanism for the regulation and maintenance of the Press. It guarantees that the media will function effectively and by securing the right of freedom of expression, which will be unhindered by all authorities, individuals and organised bodies. The basic concept of self-regulation of the media was articulated by the eminent journalist, Mahatma Gandhi, “The sole aim of journalism should be to serve the people”.

The press has to follow the norms of conduct mandated by the Press Council of India [4]. It has to ensure the accuracy in the publication and avoid all distorted or misleading materials. They are not allowed to set forth any sort of humours or unjustified facts. All of their data and information must be backed by rock evidences and irrefutable facts. They are mandated to stay fair and not emotional while publishing the data. But, a journalist cannot be compelled to perform professional act, without his conscience [5].

There are provisions specially for the defaulters, who indulge in defamatory writings. Newspapers and magazine journalists are advised to pre-verify their works, as there must be some assurance for the true belief of evidences. Even, truth is no exception for defamatory publication or writings. The sole duty of the journalists is to serve the people of the nation and avoiding all types of personal judgements and remarks while, they publish something in public interest.

PARAMETERS FOR JUSTICE

The government, local authorities and other governmental institutions are not allowed to bring charge of defamation against the reports that are critical of their functioning or conduct of discharging their duties. The local bodies and the Centre are not entitled to bring any civil or criminal action, in regarding to the defamation by any article or report that questions their acts unless the official establishes that the said publication was made with intention of disregard or reckless truth,

However, the Judiciary is protected by the power to punish for the contempt of court. Moreover, the Parliament and the Legislature are protected under the statutory provisions mentioned under Article 105 and 194 of the Indian Constitution, represents as an exception to this rule. the set of investigation journalists are always recommended to not display or leak their sources of information beforehand but, they are said to be responsible for the accuracy of it.

The enactments and provisions such as The Official Secrets Act, 1923 have the force by the law, to bind the media or press though, there is no present law to prohibit or impose prior restraint upon the media, by the public officials or the state. The Act mandates the media to not invade the privacy of any individual or intrude their personal life, unless they are outweighed by the principles to override this because of the public interest. Furthermore, the anonymity of individuals reporting the crimes like rape, murder or kidnapping must be maintained in order to, protect the personal character of the victim from being published into the public.

The Press Council Act, 1978 is an Act that establishes a Press Council, for the sole purpose of protecting and preserving the freedom of press or the media. It also maintains the standards of newspaper and other media reporting tools and improves them, for better and efficient reporting in India. The significance of all the publications by the journalists are at hand for the right of citizens, to be informed and alerted about the trending issues dealt by the government.

CONCLUSION

The Right to Information activists have reported many attacks on them and kills in the past few years. This indicates the danger that the Journalists face, to write and report the information and data of public interest. thus, the need to protect journalists and their sources is of prime importance for the government and the statute. The privacy is important to protect and preserve the unwanted intrusion and create suitable boundaries for one’s personal space.

The main responsibility of a journalist is to report the information, news or views, in a truthful, unbiased and accurate manner. The importance of work is correlated to the standards of codes set for moral offset. The only thing to be taken into consideration is the perspective of the audience and the accurate consideration of their publication. Media plays an important role in the society as it is the source of voice for the entire public. The journalists work in public domain and thus, have to follow some stringent code of conduct towards society.

The need for updating the code and conduct for the journalists cannot be undermined anymore. There must be a complete understanding of the responsibilities and the accountability of the journalists while, they perform their moral and social duty. However, the standards for publishing any sort of information are sufficient and they cover all the necessary possibilities of future extent as well. The confidence and the skills ability of the media must not be deterred completely but, should be promoted with reasonability, ensuring some restrictions and not absolutely free.

REFERENCES

 ·          BIBLIOGRAPHY  http://www.legalserviceindia.com/articles/fre_pre_v.htm

·         Gobind vs State Of Madhya Pradesh And Anr. (Supreme Court of India 1975).

·         Kaul, S.  Rights of Journalists and Press Freedom. Research Journal Social Sciences.

·         Kharak Singh vs The State Of U. P., 1295 (Supreme Court of India 1963).

·         Legal Defense of Journalists by Human Rights Law Network. : https://hrln.org/litigation/legal-defense-of-journalists

·         Norms of Journalistic Conduct.: http://presscouncil.nic.in/OldWebsite/NORMS-2010.pdf