PRESENT CHALLENGES OF INDIAN MEDIA CONCERNING MEDIA LAW AND ETHICS

By Devm Blogs May 26, 2021

INTRODUCTION

The fourth pillar of democracy is said to be Media, because of its major part in forming public opinion. Currently, the role of media has been enhancing gradually.

Now it’s the time when some self–analysis is needed by the Indian media. Numerous people, not only the one who is in power but even the folk, have started observing that the media have begun to be careless and wayward and required to be restrained in.

The Constitution of India guarantees under Article 19 (1) (a), the liberty of the media is a bit of the liberty of speech. But no liberty can be complete and rational limitation may be laid on it.

The Media’s primary jobs in respect to the people are to furnish honest and impartial facts which will make it easier for the people to form logical opinions, which is necessary for a democracy.

SOME OF THE IMMORAL EXERCISE IN OUR INDIAN JOURNALISM SECTOR

Paid Report –

The paid report is the greatest problem for the Indian Press. As numerous people will form their belief on it, so the fundamental ethical media should be equitable and honest.

Possible Solution for Paid Report –

Consciousness must be there to recognize which reporter is spreading and promoting partial opinion and doesn’t recognize the problem. The paid report may be recognized effortlessly by the method of attacked commercials or attacking some particular group of people. Therefore, a watcher’s education should be there to handle the issue.

Press Trial –

A press trial is alike a court of law where the press proclaims a person to be guiltless or guilty before the court’s decision. Moreover, it gives rise to the action of forming the opinions in the brain of people; as a result of it, the case merits get influence. We have noticed a press trial in the murder case of Jessica Lal and the drug case of Sushant Singh Rajput.

Possible Solution for Press Trial –

Such repeated wrongdoers of press channels must deal with the severe proceedings by the Press Council of India, even though the Press Council of India does not have the great capability at the moment but more strength must be provided to the authority.

Attack on Reporters –

In today’s time, many reporters are dealing with menace calls and hate crimes due to which, it is very difficult to furnish a fair and impartial report on any matter regarding any subject particularly after seeing the demise of the news reporter – Gauri Lankesh; therefore it is very difficult for the reporters to give the bold report.

Possible Solution –

To deal with such an issue legally all three elements are necessary –

Independent Judiciary
Independent Media
Citizen Awareness

The fourth pillar of democracy is said to be the press, it is required to emphasize its quality, and such issues should be upraised impartially by the public or judiciary and should not be only a mere onlooker of the government.

ISSUES RELATED WITH THE CURRENT PRESS

Right to Privacy – It originates from basic natural rights, which are basic, vested in as a right or privilege, and cannot be restrained or repealed by human laws.

Several times, the press has passed over their limitation of equitable publicizing and get into personal spheres of life.

In the murder case of Aarushi Talwar, the supreme court of India observed that in an investigation, transparency and confidentiality are two dissimilar things. And Supreme Court of India also interrogated a part of the media for reporting that had ensued in tarnishing the character of the victim and her family members too.

The absence of purpose in reporting leads to the incorrect presentation of truth in the community which influences the viewpoint and belief of the people.

SOME OF THE PRESENT LAWS RELATED TO MEDIA

The Constitution of India assures central liberty completely accessible to its public of which the liberty of speech and expression is the one. This freedom is not completely accessible to the journalist as the Court via a sequence of landmark cases supplied that freedom of journalist is supplied for in the guarantee of the freedom of expression under the Constitution and that the freedom of expression comprises the privilege to publish and circulate the publication comprising the right to answer criticism leveled in opposition to published views. Under the Constitution of India, Article 19(1) (a) speaks about the Freedom of the Press, Article 105 and Article 194 speak about the Parliamentary Privileges.
The Defence of India Act, 1962 took place in the course when Emergency was announced in the year 1962. The act focuses on limiting the liberty of the media to a great range.
The Act which furnishes against the producing and issuing of urging to offense and different disagreeable problems is the Press (Objectionable Matters) Act, 1951.
The Act which allows the Central authority to control the cost of the journal in connection to the no. of sheets and dimensions and in addition to controlling the assignment of an area which should be permitted for commercializing matters is the Newspaper (Price and Page) Act, 1956.

CASE LAWS

Sakal Papers V/s Union of India’s case, in 1960 the everyday journals (Cost and Power) command, this finalized a minimal cost and no. of sheets, that a journal is allowed to issue, was subjected that it is not by following the procedural rules. It was explained by the State, the rules and regulation as a rational limitation on the commercial activity of the citizens. The highest court of India struck down the command refusing justification of the state. The highest court of India stated that the right of liberty of speech and expression could not be removed off with the motive of limiting the commercial activity of the people. Liberty of speech may only be limited on the basis which is given in clause (2) of Article 19.

CONCLUSION

In the time of media blast, one cannot merely endure limited to the rim of the customary press. The world of the press has enlarged its size by surrounding inside the sphere. As a result, the rules and regulations serving the press world are great in number. It’s not within the range of this blog to cover all parts of press law but despite that this blog will assist to be aware of the several important legislation and various aspects affecting the numerous branches of Media. Communication.

Author(s) Name: Anamika (IFIM Law School Bangalore)

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References:

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