INTRODUCTION

Democracy is generally described as for the people, by the people and of the people. Democracy and freedom go hand in hand and the media plays a key role in Indian democracy. After executive, legislature, and judiciary, media is seen as the fourth pillar of a democratic society. Media holds the public awake and the reality that it has been one of the main weapons of societal reform is not disputed. In a democratic set-up, the media enhances the democratic norms and principles, and therefore, accelerates the speed of development.

Media acts as a link between citizens and government, as well as a very powerful tool, capable of making and breaking the opinion of the humans. It is capable of swinging perceptions or evoking emotions. That’s why it has earned public trust. Media is what rules people’s hearts and minds through its various means of newspapers, television, and cinema.

Without free press, democracy can’t be functional. Our Constitution does not specifically provide for freedom of the press, but the Court has held that this freedom is included in the “freedom of speech and expression” guaranteed by Article 19.[1] The freedom granted under Article 19(1)(a) is known as natural rights or common law rights. Such rights are not absolute.

India currently ranks at an awful 142nd in the World Press Freedom Index, 2020[2], which in the year 2019 was 140th.[3]

The Press Council of India

The Press Council of India was first established by the Parliament of India in 1966, recommended by the first Press Committee. It aims to maintain the independence of the press and to preserve and develop the quality of India’s newspapers and news agencies. Presently, the council’s work is regulated by the Press Council Act, 1978. This is a statutory, quasi-judicial entity that serves as a watchdog of the press. It adjudicates allegations against and by the press for violations of ethics and violation of press freedom respectively.

The Press Council Act significant functions are to[4]–

a)      Helping newspapers operate independently.

b)      Develop a code of ethics for the news media and journalists.

c)      Help maintain ‘high public-taste standards’ and foster responsibility among citizens.

d)     Review developments that are likely to limit news flow.

e)      Studying foreign newspapers, their circulation and their impact, etc.

The Press Council of India’s Norms of Journalistic Conduct[5]

“Great editors keep the erasers and do not hesitate to use them when errors are pointed out.[6]

Each profession should have a code of conduct to ensure its progress alongside social accountability. The basic purpose of journalism is to represent the citizens in a reasonable, factual, impartial, balanced and responsible way with reporting, viewpoints, views and knowledge on subjects of public concern. Towards this end, maintaining high professional standards is a major responsibility of both the author and the editor. Journalists, on the one side, should be diligent in safeguarding press freedom and, on the other hand, they must ensure that this right is used and rarely misused. Under the provision of Section 13(2)(b) of the Press Council Act, 1978, the Press Council of India has established a package of guidelines for promoting the functioning of the media.

Salient Features of the Press Council of India’s Norms of Journalistic Conduct

      I.            Part I: Principles and Ethics

1.      Accuracy and Fairness

a.       The Press shall prevent the publication of inaccurate, baseless, or misleading content. It should report from both sides of the central issue or subject.

b.      While revealing the wrongdoing these findings must be backed up by facts and evidence.

c.       The newspaper should keep in mind that it is their job to compile the news and set it in perspective but not to make the news.

d.      Freedom of expression does not grant newspapers the freedom to publish false information, except on a lighter way, regarding an organization or person.

e.       The newspaper should not misquote any Leader’s statements.

2.      Advertisements

a.       No advertisement which directly or indirectly promotes the production, selling or consumption of cigarettes, tobacco products, wine, beer, liquor, and other intoxicants shall be published.

b.      Newspaper shall not print advertisements that aim to harm or injure any community’s religious feelings.

c.       Newspapers while posting advertisements should specify the amount they received.

d.      Newspaper shall not print any advertising designed to transmit as news stories using the names and images of the Hon’ble President and Prime Minister of India.

e.       Newspapers should bear a note of warning for matrimonial ads carrying the following note.

“On 25 February 2008, the Government published a notification prohibiting surrogate ads in the newspaper, online and outdoor media by liquor firms.”[7]

The High Court of Delhi in Smt. Harjeet Kaur v. Shri Surinder Pal Singh ordered the Press Council to order the newspaper to print classified / matrimonial ads by recommending them to print the aforementioned Warning Notice in their newspapers alongside it.[8]

3.      Caste, Religion or Community References

a.       Newspapers shall be cautioned against the usage of the term ‘Harijan’ as opposed by others and shall use the term Schedule Caste as alluded to in Article 341.

b.      The caste or community shall not be used to describe an accused or a victim if the same has nothing to do with the offense or identification of any accused or proceeding.

c.       Bringing the problems of the weaker sections of society to general attention as they are the watchdogs on behalf of the weaker parts of society.

d.      It is hoped that the press would take advantage of its influence to foster and contribute to preserving communal harmony.

A petition was filed at the Supreme Court by a Jamiat Ulama-i-Hind and other minority groups requesting direction from the Center to prevent the media from communalizing the Tablighi Jamaat Incident linked to COVID-2019 outspread. In relation to the Tablighi Jamaat conference held in the Nizamuddin Markaz district, the petitions had claimed that some parts of the print and electronic media were promoting prejudice and communal hatred. The petition claimed that “the Tablighi Jamaat’s tragic event was used to demonize and condemn the entire Muslim culture.” It may cause communal hatred. The Supreme Court has directed the Centre and the Press Council of India to file a reply.[9]

4.      Caution against defamatory writings

a.       Newspaper should not publish anything that is manifestly defamatory to any person, dead or alive, unless there is adequate evidence and proper care and verification has been done, and that its dissemination is for the public benefit.

b.      Being a custodian of the public interest, the Press has the responsibility to expose instances of corruption and irregularities in public institutions, but these should be founded on irrefutable and authenticated evidence.

Actor and former MP Divya Spandana has filed a defamation lawsuit against Suvarna News 24×7 and Asia net news. The lawsuit against the channels was lodged over two stories broadcast on the channel involving her role in IPL cricket betting. The court found that the defendant’s conduct was in complete breach of journalistic ethics and intentionally tried to undermine the plaintiff’s reputation.[10]

5.      Right to Privacy

a.       The Press shall not interfere or invade an individual’s privacy, except when it is overweighed by genuine public interest. In reports which are likely to stigmatize women, particular caution is essential.

b.      While reporting offenses involving rape, abduction, or kidnapping of females or child sexual assault or raising questions concerning women’s chastity, personal character, and privacy, the names, photographs of the victims or other information leading to their identity should not be published.

Other related provisions-

The child has right against intervention from libel or slander of privacy, family, home, etc.[11]

Section 228A penalizes revealing of the victim’s identity in offences like Section 376 to section 376E of the Indian Penal Code, 1860.

In A.K Asthana v. Union of India and Anr., the Delhi High Court directed to constitute a committee to give suggestions regarding Media Reporting on Children’s.[12]

6.      Caution regarding Judicial and Legislature Proceedings

a.       Except if the court sits ‘in-camera’ or orders otherwise, it is available to a publication to publish the judicial proceedings in a fair, correct and reasonable manner.

b.      Newspaper as a matter of caution shall not comment on any evidence received during investigative journalism nor should they reveal or comment on the confession of the accused.

c.       While newspapers may make reasonable criticism, in the public interest, of a court’s judgment for the public good; they shall not cast derogatory aspersions on the judge, or personal bias. Nor should they scandalize the trial or the courts as a whole, or bring personal allegations against a judge with a lack of skill or dignity.

d.      The proceedings of House of Parliament or the State Legislatures be reported faithfully and regarding this, the Newspapers cannot be liable for any civil or criminal proceedings unless it is proved it was done with wrong intentions.

Other related provisions- In addition to this, Article 118 of the Constitution of India layout that each House of Parliament can make rules and regulations, in compliance with Constitution provisions, regarding its conduct and procedure of its business.[13] Also, Article 361A provides for the protection of publication of proceedings by the journalist of the House of Parliament or the State Legislatures.[14] Section 327 of the Code of Criminal Procedure, 1973, it is not lawful for any person to publish or print any matter related to proceedings of the court without the court’s permission.[15]

“The Rules formulated under Article 118 of the Constitution of India thus specifically permit the publication of parliamentary proceedings.” Aside from publication of the proceedings of the Parliament, including the reports of the committees, now, they are also permitted to be broadcast on electronic platforms. The publications of the reports are not only permitted, but also are being encouraged by the Parliament. “The general public is eager to know about the parliamentary proceedings and reports which are steps towards the governance of the country.”[16]

7.      Covering Communal Disputes/ Clashes

a.       Upon thorough examination of the truth, views or statements concerning political or religious disputes shall be written and addressed with appropriate care and restraint in a manner conducive to the development of an environment conducive to the public’s good, peace and harmony. It’s necessary to prevent dramatic, provocative and disturbing headlines.

Other related provisions- This is also an offence under Section 153A, 153B, 228A and 505(2) of the Indian Penal Code, 1860.

8.      Investigative Journalism

There are three fundamental components of the investigative reporting-

a.       It must be the reporter’s work, not of others which he reports;

b.      For the reader the topic should be of public importance;

c.       As a norm, the investigative writer will focus his article on information that was investigated, discovered and verified by himself and not on speculation or imitative proof that a third party has gathered.

d.      The investigative journalist should achieve an appropriate balance of transparency and secrecy.

e.       The reporter’s tone and language should be sober, decent and dignified, not unnecessarily offensive and barbed.

9.      Crass Commercialism

a.       Newspapers are entitled to ensure, boost or strengthen their financial stability through reasonable means, but it should not be in a manner repugnant to high ethical principles and good taste, the Press shall not indulge in crass commercialism or unseemly cutthroat commercial competition with its rivals.

10.   Photo Journalism

a.       When carrying out their duties, photojournalists and other visual news producers should be far more cautious and vigilant. Therefore, they should ensure that their reports are always in the public interest, fair, accurate, impartial, sober and respectable, in line with the high standards of journalism.

b.      While covering terrorist attacks, communal riots or other acts of violence, do not display mangled bodies or other images that cause terror or evoke communal, or sectarian passions. Also, they should not portray incidents of violence, armed robbery and terrorist attacks in a way that glorifies their conduct.

During 26/11 terrorist attacks, the Chief Justice of India, K G Balakrishnan, asked the media to be more responsible and not end up being a barrier to security forces operations. Terrorists, he thought, may have exploited the coverage to their benefit.[17] Even R V Raveendran, hon’ble Supreme Court Judge, remarked that the media would not be permitted to live reporting of such a terror attack in any other country.[18]

11.  Obscenity and Vulgarity to be avoided

a.       Newspapers/journalists shall not publish anything obscene, vulgar or offensive to the good taste of the general public.

b.      Newspapers shall not display vulgar or lewd advertisements by depicting a woman in a nude or lewd stance.

Other related provisions- No person shall publish, cause to be published, or arrange or participate in the publication or exhibition of any advertisement containing in any way indecent representation of women.[19]

The Indian Penal Code does not define the word ‘obscene’ and this delicate job of how to distinguish between that which is artistic and that which is obscene has to be performed by courts.[20]

12.  Pre- Publication and Verification

Any report or article or complaint etc. should be checked with due care from other authentic sources for its accuracy in the facts.

13.  Media and Judiciary

Media and justice are two vital pillars of democracy, complimenting one another on the goal of a successful democracy. Fair trial must necessarily prevail in a conflict between a fair trial and freedom of speech, because any compromise of a fair trial for an accused will cause immense harm and defeat the delivery system of justice. Therefore, media person should be adequately trained and provided clear information regarding the workings of the courts and the judicial processes.

In Jessica Lal Murder’s case, the media took up the task of administering justice and seeing that the suspect is prosecuted, media conducted candlelight vigils and public polls. The media have raked up the accused’s past history, including photographs of the accused in the bars and pubs after he was acquitted and how he celebrated after his acquittal. The Apex Court observed that to avoid interference in the administration of justice the freedom of speech must be used carefully and cautiously (Para 149). When media court hindered a fair investigation and prejudiced the accused’s right of defense that will be a transgression to justice.[21] (Para 148)

The Law Commission of India in its 200th report, entitled “Trial by Media: Free Speech and Fair Trial Under the Code of Criminal Procedure, 1973,” deals in detail with several aspects of the rights relating to freedom of speech, freedom of the press and freedom of fair trial. The Chairman of the Law Commission, Justice M. Jagannadha Rao, says that the subject was taken up by the Commission suo motu, ‘bearing in mind the extensive prejudicial coverage of crime and information on suspects and accused in both the print and electronic media.’[22]

CONCLUSION

Limitations on media coverage must be set. Freedom of speech is a fundamental right, an important anchor of democracy, but uncontrolled use should not be made of it. Media is the most popular means of conveying public sentiment and holding the people updated as well. Therefore it is necessary for the media to behave with a sense of obligation. The media should keep their views objective, free from prejudice or partiality. It should seek to explore every possibility and point of view. The media is unquestionably a cornerstone of democracy.