When the Constitution of India guaranteed freedom of expression and speech to its citizens, it ensured that the freedom was not absolute and any expression, by way of words, speech or the visual medium, did not violate any statutory provisions enacted by the legislature and executed by the executive. If the media, electronic or print, exceeded its jurisdiction, the courts...
When the Constitution of India guaranteed freedom of expression and speech to its citizens, it ensured that the freedom was not absolute and any expression, by way of words, speech or the visual medium, did not violate any statutory provisions enacted by the legislature and executed by the executive.
If the media, electronic or print, exceeded its jurisdiction, the courts came forward to ensure that violation of the Fundamental rights by the media does not go unchecked.
Times have changed… and how! The media that was the most powerful weapon of the people during India's epic freedom struggle is slowly turning against the people. Meaningful media and thought-provoking news have been replaced by tabloidisation, glamour, sex, scandals and politics. Or is Media really bringing the right news to the people?
People take to social media only to popularise their brands, images and what is most popular these days, to have a word war! So we are exposed to Twitter wars, Facebook wars and mudslinging on blogging sites, which makes for sensational news. Most of the time, we feel that Media has shifted focus from education and information to negatively influencing people's thought.
Maverick journalism can be detrimental to Freedom of Speech and can be credited to fierce competition within the media. There are way too many media (TV, Radio, Print, Digital, Outdoor, etc.) vying for attention and this is leading to a blind race where the losers are ethics, facts and reality. C.P. Scott, the founder editor of Manchester Guardian correctly stated that "Comment is free, but facts are sacred".
India has a robust system for dealing with the Media, be it press, advertisements, broadcast and/or film. However, Digital Media Laws (Information Technology Act, 2000) are still in their nascent stage and there is a call for serious reforms. Our country, however modern, is still culturally conservative and there are only a handful of educated, elite and progressive citizens who may be able to accept the changing times and make their own decisions regardless of what they hear and see in the media. The masses are still gullible and believe what they see and hear on media because the media is, in their perception, the most trusted source of information. Let us take a look at certain important laws/rules/guidelines governing the Media and comment on the changes required:
Article 19 (1) (a): Freedom of Speech: The highest form of recognition of a right is perhaps a fundamental right. The 'Freedom of Press' was incorporated in the Constitution; to empower the Press to disseminate knowledge to the masses and the Constituent Assembly thus, decided to safeguard this 'Freedom of Press' as a fundamental right. Although, the Indian Constitution does not expressly mention the liberty of the press, it is evident that the liberty of the press is included in the freedom of speech and expression under Article 19(1)(a). It is however pertinent to mention that, such freedom is not absolute but is qualified by certain clearly defined limitations under Article 19(2) in the interests of the public.
The Press (Objectionable Matters) Act, 1951 - This enactment provides against the printing and publication of incitement to crime and other objectionable matters. However, a lot has changed from the time that this enactment was passed. This Act needs to be revised to include certain absolute grounds on what can be published in a daily newspaper, which is read, by young adults, adults and others alike. Certain matters must not be harshly portrayed and gory details of a crime must not be carried in the media, which can create a lasting impression in the minds of the public. Sometimes, stories lionize criminals and knowingly or unknowingly, these result in a series of similar crimes, which must be deterred.
Press Council Act, 1978 - Under this Act, the Press Council was reconstituted (after 1976) to maintain and improve the standards of newspaper and news agencies in India.
Although on one hand, the Constitution confers the fundamental right of freedom of the press, Article 105 (2) puts down certain restrictions on the publications of the proceedings in Parliament. In the famous Searchlight Case, the Supreme Court held that, the publication by a newspaper of certain parts of the speech of members in the House, which were ordered to be expunged by the Speaker constituted a breach of privilege.
In present times, the PCI must be further empowered, so that it can function like an alternate policing system for the press. The standards of the PCI must be revisited and changes in reporting styles must be brought about. Every paper wants to bring out the hard-hitting truth! However, in this mad, blind rage, all we get is strong personal opinions and half-baked truth, which is foul and does not make for intellectually stimulating reading/viewing.
Freedom of Press is also subject to the Contempt of Courts Act, 1971, wherein any unauthorised publication of trials, judgements or any other Court proceedings is punishable under the Act.
The Broadcasting Code: Indian Broadcast media was under the monopoly of the Government of India. After the clear demarcation by Supreme Court in 1995 in "Secretary, Ministry of I&B v. Cricket Association of Bengal" the Supreme Court clearly differed from the monopolistic approach and emphasised that, every citizen has a right to telecast and broadcast to the viewers/listeners any important event through electronic media, television or radio and also provided that the Government had no monopoly over such electronic media as such monopolistic power of the Government was not mentioned anywhere in the Constitution or in any other law prevailing in the country. This judgement, thus, brought about a great change in the position prevailing in the broadcast media, and such sector became open to the citizens.
The code was adopted by the Fourth Asian Broadcasting Conference in 1962 listing certain cardinal principles to be followed by the electronic media, is of prime importance so far as laws governing the broadcast medium are concerned. Although, the Broadcast Code was chiefly set up to govern All India Radio, the following cardinal principles have ideally been practised by all Broadcasting and Television Organization; viz: -
- To ensure the objective presentation of news and fair and unbiased comment
- To promote the advancement of education and culture
- To raise and maintain high standards of decency and decorum in all programmes
- To provide programmes for the young which, by variety and content, will inculcate the principles of good citizenship
- To promote communal harmony, religious tolerance and international understanding
- To treat controversial public issues in an impartial and dispassionate manner
- To respect human rights and dignity
Despite having such clearly defined rules and regulations, it is unfortunate that a lot of content on television is still not fit for family viewing or is offensive. None of the TV serials promote culture, good citizenship or communal harmony. A domestic fight in an Indian scenario can never promote anything except discord even in personal life. Having said so, there definitely are programmes on TV and even Channels, which are dedicated to promoting art, culture, education, etc. but they are overpowered by our primetime television channels. Hence, the authorities need to be empowered more, so that they can regulate the content better and discharge the objective of the code in the intended manner.
The Information Technology Act, 2000
Enacted with a purpose to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. The Act has seen through lot of controversy vis-à-vis the growing impact of Social media on Indians. Section 66A of the Act has been the centre of controversies. In Professor Ambikesh Mahapatra case, Professor Ambikesh Mahapatra was arrested on account of forwarding caricatures/cartoons on Facebook. Further, the Ravi Srinivasan Twitter case showed how on a complaint, a person's tweets could be brought within the ambit of Section 66A of the amended Indian Information Technology Act, 2000. In the K V Rao case, two men K.V. Rao and Mayank from Mumbai, were arrested for allegedly posting offensive comments against some leaders on their Facebook group. In the last few days, we have been seeing various discussions about defective IT legislation in India and how there is a need for changing the same.
The Advertising Aspect
Ever since mass media became "mass" media, companies have naturally used this means of communications to let a large number of people know about their products, to allow innovative ideas and concepts to be shared with others. As the years have progressed, the sophistication of advertising methods and techniques has advanced, enticing and shaping and even creating consumerism and needs where there have been none before, or turning luxuries into necessities.
Advertising Standard Council of India (ASCI): Inspired by a similar code of Advertising Standards Authority (ASA) UK, ASCI is a self-regulatory voluntary organization following basic guidelines in order to achieve the acceptance of fair advertising practices in the interest of the consumer:-
- To ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertising;
- To ensure that advertisements are not offensive to generally accepted standards of public decency;
- To safeguard against indiscriminate use of advertising for promotion of products which are regarded as hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large; and
- To ensure that advertisements observe fairness in competition, so that the consumers need to be informed on choices in market places and canons of generally accepted competitive behaviour in business are both served.
Drug and Magic Remedies (Objectionable Advertisement) Act, 1954
Act with an objective to control the advertisements of drugs in certain cases and to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.
The press was the strongest tool of our freedom struggle. That is why it is given the high pedestal of being the fourth estate. That impact and reach of today's mass media is phenomenal, targeting both local and global audiences. Over the years, mass media has made us understand the strengths and weaknesses of our economy, the problems faced by the nation, achievements of the nation in different sectors, through the prompt and precise reporting of different forms of media. In a country like ours, where there are many castes, religions and languages spoken, media has even more tough responsibility of conveying true news to the citizens. Media plays a very important role in shaping the personality of people. Media has done much good to society by exposing various scams, scandals, frauds, embezzlements and many other cases of corruption, leading to initiation of inquiries and other processes of prosecution against the perpetrators of these crimes. Some of the recent cases are witness that the Press has been instrumental in putting an end to atrocities.
Media has not just become a form of disseminating information and entertainment but also the most trusted form of advertising for millions of advertisers and consumers. Addition of online media has become an improved modern method of interaction and updating on the latest.
Considering all this, mass media does have its own pitfalls; growing consumerism and materialism have adversely affected our media. There is a question mark on the authenticity of any news from every angle. Manipulation to influence the minds of the audiences has been used as a "marketing tool". Making money by "making news" rather than giving news is ramping up.
Despite everything, the media is not always wrong. They have a strong public impact, strong enough to get Nirbhaya justice faster and in a respectable manner; strong enough to have the Government agencies attend to the common man's problems efficiently; strong enough for rain water to be drained out in few hours and strong enough to wake up every citizen to take responsibility for themselves and their nation. However, sadly under the din of "Breaking News" and negative publicity, this fades out somehow. India is culturally very different, we are a young country, who needs to be served hot news in small digestable portions. Overfeeding on such sensation is nothing but degeneration of the society and the mind. Tougher regulations are needed to keep a check on the kind of news the Indian society is being privy to, at least till we mature to a level of handling the sensation. There is always hope! Probably 15-20 years down the line, when India has grown, people are educated and poverty is low, we may be able to relax some rules, but till then... We need to go slow and revisit the conventional Media norms.
In this time of media explosion, one cannot simply remain confined to the boundaries of the traditional media. The media world has expanded its dimensions by encompassing within its orbit, the widening vistas of cyber media etc. As a consequence, the laws governing them are also numerous. This Article is an attempt to make a person aware of the various important legislations affecting the various branches of Media Communication, making him/her aware of his/her rights and facilitating him/her to exercise them within the framework of laws existing in India and in the end, furthering the cause of "Freedom Of Speech And Expression" and "Dissemination of Knowledge".
Disclaimer - The views presented in this article are that of the authors, based on their knowledge, experience and research. It is not directed at any media group and it does not, in any manner, reflect the view of the Wockhardt Group.
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