Freedom of Media Vis-a-Vis Accountability

Presentation by Dr. Keshav Sathaye

keshavsathaye@gmail.com

Freedom of Media

"Right to Freedom of Speech and Expression"

Freedom of Media

a fundamental right of the citizens of India.

Freedom of Media

This is mentioned in Part III of the Constitution of India - Article 19(1).

Freedom of Media

the right of free propagation and free circulation without any previous

restraint on publication.

Freedom of Media

to act as a watch-dog by exercising its role to warn and curb forces of

repression, corruption and divisiveness

Media rightsto ensuring that all people have the

opportunity to tell their stories, acquire knowledge and actively

participate in society.

Media rightsTo ask questions & sought

clarification from Govt, Public sector, private sector etc.

Freedom of Media

Article19(2) of the Constitution

imposes reasonable restrictions on the exercise of the right .

Freedom of MediaRestrictions

sovereignty and integrity of India. The security of the state, friendly relations

with foreign states, public order, decency of morality or in relation to contempt of court,

defamation or incitement to an offense

Freedom of Media

Restrictions

Whenever, emergency is declared in a country, these rights remain

suspended

Freedom of Media ?Delhi high court suo motu initiated contempt proceedings against Mid

Day journalists for publishing a story questioning the acts of former chief justice of India (CJI) Y K Sabharwal. The message to

the media was loud and clear — you dare not write anything against the courts.

Freedom of Media

September 2013 when Asaram Bapu was subject to intense media scrutiny

court allowed it,

Freedom of Media?

January, 2014 when an ex- SC judge, Justice Swatanter Kumar, was accused of sexual harassment and subject to the same intense media scrutiny as Asaram Bapu.

The Delhi High Court, in response to a defamation lawsuit filed by the ex-SC judge was swift to impose

postponement orders on the media.,

Freedom of Media

Former Supreme Court Judge, Justice P B Sawant, had sued Times Now for mistakenly displaying his photograph in a report on September 10, 2008, about a person (with a phonetically similar sounding name) allegedly involved in the multi-crore Provident Fund scam. A Pune trial court had decreed the suit for

Rs100 crore against the TV channel. Times Now had appealed against the trial court verdict, but the Mumbai HC in September this year had asked the TV

channel to first deposit Rs 20 crore and provide Rs 80 crore as bank guarantee as a pre-condition for hearing the appeal. Appearing for the TV channel, senior advocate Harish Salve said the channel had apologized for the mistake and had run an apology for five continuous days and requested the apex court to relax the stiff condition of depositing Rs 100 crore as a pre-condition for appeal. .,

Freedom of Media?the contempt case initiated against journalist Madhu Trehan and her colleagues while she was editor of Wah India. In an audacious attempt at judicial accountability, Trehanand her colleagues had administered a survey amongst senior advocates in the Delhi High Court asking them to rate the judges of the Delhi High Court on various factors

including punctuality, integrity, knowledge etc.

The intention was to grade the judges on the basis of the information collected. The results of the survey were published in the magazine leading to an unprecedented situation where the Delhi High Court acting on a contempt petition filed by the bar, ordered the Delhi Police to seize all copies of the magazine and also restrained the

media from reporting on the contempt proceedings.

The ban on the reporting of the contempt petition was lifted only after the editors of theIndian Express, Hindustan Times, Outlook, Times of India, Punjab Kesari &

Kuldip Nayar moved court opposing the gag order.

Freedom of Mediasecond press commission

advocated

the media should be neither an adversary nor an ally of the

Government, but a constructive critic

Media Accountability

to serve the entire community of varying minds

Pressures on Media

. The external and internal pressures such as interference by political and

business leaders, pressure from advertisers, physical attacks on the

press people, and so on.

Freedom of Media?

called "increased interference in content by media owners.

In 2013 Index, the rank of India was 20 with 38 points.

India's press freedom score declined by a point to 39 "

Freedom-World view

Sweden topped the list and belongs to the world's most independent press.

The world's eight worst-rated countries remain Belarus, Cuba, Equatorial Guinea, Eritrea, Iran, North Korea, Turkmenistan,

and Uzbekistan.

Freedom of Media

Global press freedom has fallen to its lowest level in over a decade with

India ranked 78th and belonging to countries with "partially free media".

Pressures on Media

TV & radio Media Revenue

TV industry –Rs. 50140crore TV channel 788 ,out of which news channels 400-Radio Rs. 1540 croreInternet users more than 15crores

TV Media Revenue

Out of total audience 8 to 10 % are news channel viewers

TV Media Revenue

2013-14 news channel revenue Rs2000cr.

80% share to major 10 news channels

• Media’s Responsibilities

• impartiality and objectivity in reporting

• neutrality

• crime and violence are not glorified

• utmost discretion while reporting on violence and crime against women and children

• Abhor sex and nudity

• privacy

• national security

• Refraining from advocating or encouraging superstition and occultism

• responsible sting operations

• .

• Corrigendum:

• significant mistakes made in the course of any broadcast is acknowledged and corrected on air

• immediately. Corrections should also be scheduled in such a way that they attract enough viewer

• Viewer feedback:

• create provision to receive consumer feedback. Further any

• specific viewer complaints will be responded to. In the event any news channel gets a specific

• complaint if found to be true it will admit to the same on air and will respond in fullness and fairness

Accountability

• No compromising of the news

• Reject malicious, biased, regressive, knowingly inaccurate,

• hurtful, misleading, or aimed at willfully concealing a conflict of interest.

• to empower the profession of television

• abiding set of values

Media ResponsibilityA clear cut line between news &

opinion .A clear cut distinction between

advertising & editorial Sponsorship norms

Headline sponsorship Paid news phenomena

Editorial Responsibilities Balance of content

Political coverage

Power politics emphasis

balance of Visual representation use of graphics & animation

How we can imbibe responsible media practices ?

syllabus ,teaching modules ,media ethics to be integral part of course

not just a subject

How we can imbibe responsible media practices ? Media ownership norms

cross media ownership, professional outlook

How we can have good media practices ?

Trained personnel

Healthy & free atmosphere

Editorial liberties

How we can have good media practices ?

Audience empowermentSocio cultural literacy

Audience grievance cell Ready to pay for balanced stuff

Thank You

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