About the Author
Adv. Sherin Davis is practicing at Ernakulam.
According to the Encyclopaedia Britannica definition ,Journalism is the collection, preparation and distribution of news and related commentary and feature materials through such print and electronic media as newspapers, magazines, books, blogs, webcasts , podcast, social media sites, and e-mails well as radio, motion pictures and television. Media, being the fourth estate is playing an inevitable role in a democratic country like India. The role of media and journalism in its general nature are getting evolved through the years. Few years back, we had to wait for the daily news bulletins and newspapers to get updated with the current events. But now a single click will be enough to get any information. The 24X7 active media have brought all information before us at that particular moment itself and thus it has resulted in information explosion. Moreover, the instant news shorts on social media platforms are highly impactful on people. The major two aftermaths of this information explosion are i) the necessity to check the reliability of the available information by the reader and ii) enhanced responsibility of the media to provide the truthful information.
The media has evolved with an aim to disseminate information to people. The functions of media got enlarged in a dynamic manner and still getting evolved into new realms. The mediums to communicate the information are also getting multiplied. New terms and dimensions are finding place by each day. Advertisements have been bagged a major role in the field of media, especially in electronic media. The tremendous increase in the number of news channels, changed mind-set of the journalists focusing on mere reach and view of their contents rather than the quality standards in order to gain profits, interesting headlines which prompt to click on the link, sensitization of news, media trial, conflicting interests of the producers and journalists, political affiliations and interests, public funding mechanism of media ,lack of safety to the journalist ,matters invoking defamations can be coined as the major repercussions of the current media scene. Sometimes the fundamental right of right to privacy and to have a dignified life got subrogated with the intervention of media. Being the most powerful organ of a democratic country, the ethics of media should be properly maintained and regulated.
The Precedents of the honourable court are one of the recognized sources of law.In consonance with the changing social conditions and convictions, the recent judgments set the rule for proper administration of justice for the each and every citizen and thereby ensure the access to social, economic and political justice which is envisaged by the constitution of India, the supreme law of the land.. It is the right of each and every citizen to know the truth regarding the happenings of his surroundings. Therefore journalism and all its related matters should also be come before the honourable courts.
Judgement
There are several remarks of wisdom can be seen in the judgements in different cases that have impacted as a benchmark or guidelines for the proper functioning of media.
In Harijai Singh, Re the court held that “An editor is a person who controls the selection of the matter which is to be published in a particular issue of the newspaper. The editor and publisher are liable for illegal and false matter which is published in their newspaper. Such an irresponsible conduct and attitude on the part of the editor, publisher and the reporter cannot be said to be done in good faith, but distinctly opposed to the high professional standards as even a slightest enquiry or a simple verification of the alleged statement about grant of petrol outlets to the two sons of a Senior Judge of the Supreme Court, out of discretionary quota, which is found to be patently false would have revealed the truth. But it appears that even the ordinary care was not resorted to by the contemnors in publishing such a false news items. This cannot be regarded as a public service, but a disservice to the public by misguiding them with a false news. Obviously, this cannot be regarded as something done in good faith.”(1)
With regard to the legal journalism, the court made observations in Rajendra Sail v. M.P. High Court Bar Assn., “The judgments of courts are public documents and can be commented upon, analysed and criticised, but it has to be in dignified manner without attributing motives. Before placing before public, whether on print or electronic media, all concerned have to see whether any such criticism has crossed the limits as aforesaid and if it has, then resist every temptation to make it public. In every case, it would be no answer to plead that publication, publisher, editor or other concerned did not know or it was done in haste. Some mechanism may have to be devised to check the publication which has the tendency to undermine the institution of judiciary”. The court further held that “While the media can, in the public interest, resort to reasonable criticism of a judicial act or the judgment of a court for public good or report any such statements; it should refrain from casting scurrilous aspersions on, or impute improper motives or personal bias to the judge. Nor should they scandalise the court or the judiciary as a whole, or make personal allegations of lack of ability or integrity against a judge. It should be kept in mind that judges do not defend their decisions in public and if citizens disrespect the persons laying down the law, they cannot be expected to respect the law laid down by them. The only way the judge can defend a decision is by the reasoning in the decision itself and it is certainly open to being criticised by anyone who thinks that it is erroneous.”(2)
In Brahma Prakash Sharma and Ors. V the state of Uttar Pradesh (3) the court held that Creative legal journalism and activist statesmanship for judicial reform cannot be jeopardised by an undefined apprehension of contempt action. In Nivedita Jha v State of Bihar (4) the court held that “ In the interest of all victims of sexual abuse and sexual violence, we restrain the electronic media from telecasting or broadcasting the images of the victims in a morphed or blurred form. We request the media not to interview victims of violence or sexual abuse in the interest of the victims. News of the events may be broadcast by the print media as well as the electronic media keeping in mind the interest of the victims, which should be of concern”.
In Yashwant Sinha v. CBI, “I would think that freedom involves many elements. A free person must be fearless. Fear can be of losing all or any of the things that is held dear by the journalist. A free man cannot be biased. Bias comes in many forms. Bias if it is established as per the principles which are applicable is sufficient to vitiate the decisions of public authorities. The rule against bias is an important axiom to be observed by Judges. Equally the Press including the visual media cannot be biased and yet be free. Bias ordinarily implies a pre-disposition towards ideas or persons, both expressions to be comprehended in the broadest terms. It may stem from personal, political or financial considerations. Transmitting biased information, betrays absence of true freedom. It is, in fact, a wholly unjustifiable onslaught on the vital right of the people to truthful information under Article 19(1)(a) which, in turn, is the bedrock of many other rights of the citizens also. In fact, the right of the Press in India is no higher than the right of the citizens under Article 19(1)(a) and is traced to the same provision. The ability of truth to be recognised by a discerning public in the supposedly free marketplace of ideas forms much of the basis for the grant of the unquestionable freedom to the Press including the media houses. If freedom is enjoyed by the Press without a deep sense of responsibility, it can weaken democracy. In some sections, there appears to be a disturbing trend of bias. Controlling business interests and political allegiances appear to erode the duty of dispassionate and impartial purveying of information.(5)
In this regard, in an article styled “The Indian Media” which is annexed to the autobiography under the title Beyond the Lines, veteran journalist Late Shri Kuldip Nayyar has voiced the following lament:
“Journalism as a profession has changed a great deal from what it was in our times. I feel acute sense of disappointment, not only because it has deteriorated in quality and direction but also because I do not see journalist attempting to revive the values once practised. The proliferation of newspapers and television channels has no doubt affected the quality of content, particularly reporting. Too many individuals are competing for the same space. What appeals me most is that editorial primacy has been sacrificed at the altar of commercialism and vested interests. It hurts to see many journalists bending backwards to remain handmaidens of the proprietors, on the one hand, and of the establishment, on the other. This is so different from what we were used to.”
Recent Remarks
Besides these judgments, the observations or remarks of the apex court and the other courts of the country in certain recent cases also define the standards of the profession of media and journalism. In the case filed by the Foundation o for media Professionals, the honourable Justice S. K Kaul said that “These are media professionals who will have their own sources and other things. There must be some guidelines”(7) the honourable court ensures protection of media.In an another case of Dr. Priya Vargheese, the honourable High court of Kerala commented that media should be careful enough while reporting on court matters , especially oral remarks made by judges during the hearing of the cases.(8)
“Being a journalist not a licence to take law into own hands” the court said this while removing interim protection from arrest given to journalists in Sadaquat Pathan v State of Madhya Pradesh case charged with accepting payment to stifle a news article on child trafficking.(9)
In an another case of staying the FIR against the journalist Manogya Loiwal the Calcutta high Court pointed that the media is an equally vital pillar of a democracy which cannot be curtailed or intimidated.(10)
By analysing the judgments, it becomes clear that the honourable court has envisaged the yardsticks upon which the media need to flourish in this modern era. The judicial remarks really cater the hassles faced by the contemporary media and journalism and put forth options of possible remedies.
To recapitulate, media is the fourth pillar of democracy. Along with the exercise of press freedom, the compliance of guidelines and ethical codes by the media are also essential for the bona-fide functioning of media. The honourable chief justice of India Justice D.Y.Chandrachood has remarked recently; “In the age of fake news, we need journalists more than ever to document the unseen and expose fault lines in society”(11)
Moreover, the common man has access to plenty of information by just searching on Google. Therefore they should be capable enough to segregate the truth of information. Proper awareness is also a vital.
In the words of Potter Steward, the former Associate Justice of the U.S. Supreme Court, “Ethics is knowing the difference between what you have a right to do and what is right to do”(12). These words should lead the scope and limits of the sphere of media and journalism in its whole sense and the judgments should be taken as the relevant source for meeting the ends of the said powerful profession of journalism without compromising its ethical values.
Reference
(1) (1996) 6 SCC 466
(2) 2005 SCC OnLine SC 829
(3) MANU/SC/0071/1973
(4) 2018 SCC OnLine SC 1616
(5) 2019 SCC OnLine SC 518
(6) 2019 SCC OnLine SC 518
(7) www.barandbench.com/news/search-seizure-digitaldevice-jounalists–should be- guidelines-supreme court
(8) www.barandbench.com/news/priyavarghesemedia-mindful-harm-litigants-reporting-oralremarks-judges-kerala-high-court
(9) https://thewire.in/law/proper-guidelines-seizure-of-digital-devices journalists-supremecourt
(10) www.livelaw.in/high-court/Calcutta-high-court-fir-journalist-media-vital-pillar-democracy-226671
(11) www.livelaw.in./top-stories/justice-chandrachud-fake-news-journalists-document-the-unseen-and-expose-the-fault-lines-in-0ur-society-206093
(12) www.brainyquote.com
