UNIT 5: HURDLES IN DEFENCE
WRITING
MEDIA ETHICS
Ethics are rules of behavior or moral principles that guides our action in given
situation. The word comes from the Greek “Ethos” which means customs,
traditions, character, etc. that guide a particular group or cultures.
Ethics is a code of values, which govern our lives, and are thus very essential
for moral and healthy life. In the context of the press, “Ethics” may be
described as a set of moral principles or values, which guide the conduct of
journalism.
The media all over the world has voluntarily accepted that code of ethics
should cover at least the following areas of conduct.
i. Honesty and fairness; duty to seek the views of the subject of any critical
reportage in advance of publication; duty to correct factual errors; duty not to
falsify pictures or to use them in a misleading fashion.
ii. duty to provide an opportunity to reply to critical opinions.
iii. appearance as well as reality of objectivity.
iv. respect for privacy.
v. duty to distinguish between facts and opinion.
vi. duty not to discriminate or to inflame hatred on such grounds as race,
nationality, religion, or gender.
vii. duty not to use dishonest means to obtain information.
viii. duty not to endanger people.
ix. duty not to prejudge the guilt of an accused and to publish the dismissal of
charges against or acquittal of anyone about whom the paper previously had
reported that charges had been filed or that a trial had commenced.
Five Core Principles of Journalism
1. Truth and Accuracy
Journalists cannot always guarantee truth but should always strive for
accuracy; give all the relevant facts we have and ensure that they have been
checked. When we cannot corroborate information, we should say so.
2. Independence
Journalists must be independent voices; we should not act, formally or
informally, on behalf of special interests whether political, corporate, or cultural.
This also includes not accepting any free gifts, perks or facilities from any
stakeholder that may potentially tip the scales in their favour.
3. Fairness and Impartiality
Most stories have at least two sides. Objectivity is not always possible, and
may not always be desirable (in the face for example of brutality or inhumanity),
but impartial reporting builds trust and confidence.
4. Humanity
Journalists should do no harm. What we publish or broadcast may be hurtful,
but we should be aware of the impact of our words and images on the lives of
others.
5. Accountability
When we commit errors, we must correct them, and our expressions of regret
must be sincere not cynical. We listen to the concerns of our audience. We
may not change what readers write or say but we will always provide remedies
when we are unfair.
Normatic Ethics:
Generalized theories, rules and principles of ethical and moral behaviors
Media industry codes of ethics and standard of good practice
Applied Ethics:
Media practioners must apply both meta and normatic ethics to very
specific situation
Role models in ethics, practice, follow rules or codes at any cost (no
compromise)
MEDIA LAWS
Media law covers an area of law which involves media of all types (TV, film,
music, publishing, advertising, internet & new media, etc.), and stretches over
various legal fields, including but not limited to corporate, finance, intellectual
property, publicity and privacy.
Media law is a legal field that refers to the following:
Defamation
Entertainment
Freedom of information
Advertising
Broadcasting
Censorship
Confidentiality
Contempt
Copyright
Corporate law
Information technology
Privacy
Telecommunications
There was no press regulation until the British East India Company started
ruling a part of India after the Battle of Plassey in 1757. William Bolts, an ex-
employee of the British East India Company attempted to start the first
newspaper in India in 1766 but was deported due to his out-spoken nature
against the EIC.
Like censorship, licensing was also a European institution to control the press.
It was introduced in Bengal in 1823 through Adam’s regulations. The East India
Company also issued instruction that no servant of the company should have
any connection with a newspaper.
In 1860 Indian Penal Code was passed as a general law but laid down offences
which any writer, editor or publisher must avoid - the offences of defamation
and obscenity.
The next important event in the field of media laws was the enactment of the
Press and Registration of Books Act (25 of 1867). This Act is still in force, of
course with amendments from time to time. The object of this Act was to
provide for the regulation of the printing presses and of periodical containing
news.
When the Indian language press became very bold the Vernacular Press Act
1878 was introduced. It was comprehensive and rigorous, aimed at “better
control” of the language press.
MEDIA LAWS OF INDIA – AN OVERVIEW
There are many laws that regulate the performance of media in India. Laws
related to the mass media have been there since the very beginning. In the
time of the British Raj, many laws related to the Press were enacted. In the
post-Independence time, the various Governments have enacted many more
media related laws.
Constitutional Provisions (Article 19)
The Indian Constitution does not provide freedom for media separately. But
there is an indirect provision for media freedom. It gets derived from Article
19(1) (a). Article 19 of our Constitution deals with the right to freedom and it
enumerates certain rights regarding individual freedom of speech and
expression etc. These provisions are important and vital, which lie at the very
root of liberty.
However the right to freedom of speech and expression shall not affect the
operation of any existing law or prevent the state from making any law insofar
as such law imposes reasonable restrictions on the exercise of that right in the
interests of the sovereignty and integrity of India, the security of the State,
friendly relations with foreign states, public decency or morality or in relation to
contempt of court, defamation or incitement to offence.
MILITARY .vs. MEDIA
MILITARY MEDIA
News is not as transparent as civilian- There is complete transparency
media and a lot of hidden, classified, from the media and all news,
or restricted information exists information, facts and opinions are
exposed with no secrecy
News can be restricted to only a few Under Article 19(1)(a), the press is
key individuals and any information the 4 estate of democracy and so
th
regarding matter such as covert news is democratically and freely
operations remains confidential and available to the public
non-accountable to the state if
compromised
The efficiency and success of military Circulation of news increased
actions, decisions and operations exponentially when the entry of TV
increased when information is news, internet news and social
confidential. media news changed the landscape
of news reporting and news sources
Only news regarding public and Any information given or collected
government policy matters must be by a journalist has the absolute
informed and released to the media freedom and right to be published in
through a press conference. any newspaper
Photography, videography and any The freedom of civilian press and
form of recording is prohibited in media allows photography an
military and non-civilian areas videography to be taken whenever
and wherever as long as the right to
privacy is not violated.
During a military crisis situation, news The freedom of press would cease
would be banned, and media would be to exist even during a major civilian
censored. crisis where the role of military
would also exist.