MEDIA AND JOURNALISTS

JOURNALISTIC PRIVILEGES
JAI PRAKASH AGGARWAL VS. VISHAMBHAR DUTT SHARMA
Journalist has no absolute immunity to disclose sources
JAVED AKHTAR VS. LANA PUBLISHING CO.
When information/material is of public importance- journalistic privilege is
guaranteed
93rd law commission report recommendation
132A of Indian Evidence Act
No court shall require a person to disclose source of information unless court
requires such disclosure necessary in the interest of sovereignty, integrity of India
Contempt of Court Act, 1981
Qualified immunity is available except national security, justice, prevention of crime
 JOURNALISTIC ETHICS
SOCIETY OF PROFESSIONAL JOURNALISTS CODE OF ETHICS
Association in US
To promote freedom of speech, freedom of press
Ethics to be followed:
● Journalism to be accurate and fair
● Honest and courageous while gathering, reporting, interpreting information
● To seek truth and report
● Minimize harm
● Act independently
● Be accountable and transparent
RADIO TELEVISION DIGITAL NEWS ASSOCIATION CODE OF
ETHICS:

Specific to digital media

Address:

● Common issues in publishing

● How to respond to viral news
● How to treat sponsored content

Ethics:

● Truth and accuracy

● Independence and transparency
● Accountability for consequences
NORMS OF JOURNALISTIC CONDUCT, 2022
Section 13(b) of Press Council Act, 1978 mandates to build code of conduct for newspapers,
news agencies, journalist for achieving high standard
Part A of the conduct has the following principles and ethics
● Accuracy and fairness
● Advertisements- like promoting kidney sale, unborn child related to be banned
● Astrological prediction- promotion to be banned
● Caste, community reference- restricted
● Caution against defamatory writings
● Caution in criticising judicial acts
● Reporting news pertaining to court proceedings
● Confidence to be respected
● Caution on Fraudulent activities
● Gender based reporting
● Headlines caution
● Criticism on public figures/music reviews
CABLE TV NETWORK (REGULATION) ACT, 1995
Contains programme codes, advertising codes
NEWS BROADCASTING AUTHORITY
● Non- Governmental body
● Headed by Supreme court Judge
● Oversees news channels
● Code of ethics and broadcasting standards(self regulation)
- Impartiality and objectivity in reporting
- Ensuring neutrality
- Reporting on crime and safeguards to ensure crime and violence- not glorified
- Depiction of violence or intimidation against women and children
- Sex and nudity- prohibition
- Not to intrude into Privacy issues
- Endangering national security- refraining
- Refraining from advocating or encouraging superstition and occultism
- Sting operations
- corrigendum
ETHICAL BREACHES BY MEDIA
GUDIYA VS. STATE OF U.P (2024)

Young women in UP, personal tragedy of her marriage, return of her presumed
dead husband

Observation by court:

Grim reminder of media’s responsibility to prioritize human dignity over TRP

False accusation against Delhi School teacher 2008

SANGEETHA THAPAR VS. DIRECTOR EDUCATION AIR ONLINE 2018 DEL 1822
False accusation against Delhi School teacher
Forcing students for prostitution
Sting operations- conducted by local news channels
Acquittal after investigation
KATHUA RAPE CASE- MD. AKHTAR VS. STATE OF J&K (2018)
Brutal rape and murder of 8 year old girl in Kathua
Several outlets revealed victims identity
Violating law and exposing family to trauma
Court observed: media has a primary responsibility to protect the individuals privacy
AUTHORITIES GOVERNING CONTENT IN MEDIA
PRESS COUNCIL OF INDIA
Preserving freedom of press
Maintaining and improving standards of news and newspaper
NEWS AND BROADCASTING AND DIGITAL STANDARDS AUTHORITY
Monitors content
Address grievances
INDIAN BROADCASTING FOUNDATION
Promotes responsible broadcasting
 WORKING JOURNALIST ACT AND OTHER NEWSPAPER EMPLOYEES
(CONDITIONS OF SERVICE & MISCELLANEOUS PROVISIONS) ACT, 1955
Replaced for Working Journalists(Fixation of rates and wages)

Section 2(b)- newspaper means any printed periodical work containing public news or comments on public news and includes
such other class of printed, periodical work from time to time notified by Central Government in the official gazette

Section 2(c) newspaper employee- working journalist and includes any person employed to do any work in/in relation to
newspaper establishment

Section 2(d) newspaper establishment- establishment under control of any person/ body/ persons whether incorporated or
not for production/publication of one/more newspapers for conducting any news agency/syndicate

Section 2(dd)-non-journalist newspaper employee- person employed to do any work in or in relation to any newspaper
establishment, does not include working journalists

Section 2(f)- working journalist- person whose principal avocation is that of a journalist and who is employed as such,
either whole-time or part-time,one or more newspaper establishment and includes an editor, a leader, writer, news-editor,
sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but
does not include any such person who -(i) is employed mainly in a managerial or administrative capacity; or (ii) being
employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of
the powers vested in him, function mainly of a managerial nature
Section 5- Payment of Gratuity

1. Continuous service of minimum three years

- termination of services by employer(not as punishment but disciplinary action)

- retirement/ superannuation

1. Continuous service- min 3 years and VRS(not on ground of good conscience)

2. Continuous service- min 3 years and VRS ( on ground of good Conscience)
3. Death in service in newspaper establishment

Rule 3 of Working journalist wage board rules, 1956

Amount of gratuity-

1, 3,4- 15 days avg pay for every completed years of service or any part exceeding 6 months

2- not more than 12 and half months avg pay.

Rule 5A- nomination

Rule 6-Deductions- (if overpaid)

Dispute regarding VRS to be dealt under Industrial Dispute Act, 1947

If nomination is not given:

Family :

Male employee Female employee

Widow Husband
married/unmarried children married/unmarried children
Dependent parents her/her husband’s Dependent
Widow children of dependent parents
parents Widow children of predeceased son
Adopted child- if legally recognised
But widow who is not legally entitled
to maintenance from husband If wife desires to exclude
cannot claim gratuity husband/his parents- permitted
Section 8-13A: fixation and revision of wages

Central Government is directed to constitute wage board

Chairman of wage board- Judge of HC/SC appointed by CG

Functions: recommendations for fixation/revision of wages- representative

from working journalist will also be present
Section 6,7: hours of work

144 hours max work time exclusive of meals- in 4 consecutive weeks

Not more than 7 consecutive days

Rest- 24 hours (10.p.m- 6 a.m) also included

Rule 8- Day shift- 8 hours per day; night shift- 5 hours per day

Rule 9- interval day shif- 4 hours; night shift-3 hours

Rule 10- compensation- equal rest for overtime

Rule 11- night shift- not more than 1 week; week- not more than 14 days
Rule 12- interval- if shift change- before 24 hours to be intimated

Rule 13- holidays- 10 holidays for one calender year

Casual leave-rule 25, earned leave- rule , maternity leave- rule 29(3months/6
weeks) Medical certificate- rule 28

Penalty section 18- 1st contravention- rs.200, subsequent- 500

Disciplinary action- Schedule 1A of model standing orders- 14

Warning, censure, suspension(not more than 10 days), withholding increments,

promotion, denomination, termination
ALL INDIA RADIO
All India Radio (AIR), also known as Akashvani, is the national public radio
broadcasting service of India. It is a state-owned public radio broadcaster founded by
the Government of India, owned by the Ministry of Information and Broadcasting and
one of Prasar Bharati's two divisions. AIR operates over a network of broadcasting
stations located all over the country. It is the country's most well-known public service
radio station and the world's second-largest radio network. All India Radio (AIR) is the
premier Public Service Broadcaster functioning under the Prasar Bharati.

All India Radio officially came into being in 1936.

The Centre, on May 3, ordered that public broadcaster, previously known as All India
Radio (AIR), be exclusively referred to as Akashvani in all broadcasts and
programmes.
During the British Raj, broadcasting began in July 1923 with programmes by the
Bombay Presidency Radio Club and other radio clubs. The birth of Radio
broadcasting in India has started on an experimental basis in the year 1921
through a musical programme. In 1927, private radio clubs proliferated. In the
year 1930, radio broadcasting started operating under the Indian Broadcasting
Company. On March 1935, a separate office of the Controller of Broadcasting was
created .The landmark in the history of broadcasting is the change of the name of
the Indian Broadcasting to "All India Radio" (AIR) in the year 1936. In the same
year Delhi station was formed.

All India Radio officially came into being in 1936.

The Centre, on May 3, 1956 ordered that public broadcaster, previously known as
All India Radio (AIR), be exclusively referred to as Akashvani in all broadcasts
and programmes.
Akashvani was first used in the perspective of radio by M. V. Gopalaswamy after
setting up the nation’s first private radio station in his house, "Vittal Vihar" in 1936.
Nine AIR stations opened up in different places like Delhi, Kolkata, Mumbai, Chennai,
Lucknow and Trichy. On 12th November, 1947, the voice of Gandhiji was broadcasted
in AIR.

Akashvani is a Sanskrit word, meaning "heavenly announcement," or "voice from the

sky". Akashvani was a suitable name for a radio broadcaster and was later adopted as
All India Radio’s on-air name from 1957.
OBJECTIVES:

● Preserve the country`s unity and the democratic values of the Constitution.
● Present a reasonable and equilibrated flow of data of national, regional, local and international
concern including contrastive views.
● Develop programmes which can arouse, communicate, elucidate, train, entertain and improve to
satisfy all the audiences throughout the nation.
● Formulate different programmes for broadcasting, keeping in mind all sections of people of
the nation.
● Prepare developmental and reference programmes on various fields like Agriculture, Education,
Health and Family Welfare, Science and Technology.
● Prepare programmes for rustic, illiterate and poor population including the youths, social and
cultural minorities, and the tribes and of those occupying the borders, backward or distant
areas.
● Encourage consolidation and harmony of the nation.
Domestic Services

AIR has a lot of services in a number of languages, each serving different areas from corner
to corner of India. "Vividh Bharati" is one of the best-known services of AIR and is popular in
Mumbai and other large cities of India. It offers a broad range of programmes including
news, films, music and comedy programs. Some programs broadcast on Vividh Bharati are
"Hawa-mahal: Radio plays based on novels and plays" and "Santogen ki mehfil: Comedy show".

Regional Services

Over the years, the radio broadcasting has expanded its service both in terms of reach and
content suitable to the requirements of the nation. A three- tier system has been
introduced. The national channel was formed on 18th May, 1988. It is located in New Delhi
and it suffices national broadcasting. Major stations look after the regional broadcasts. Till
date these include News Services, Cultural Programmes, Extension education services.
EXTERNAL BROADCASTING:

27 languages to countries outside India. The external broadcasts begun on 1st

October 1939 by the British government. The External Services Division of
All India Radio broadcasts on a daily basis in 57 transmissions within about 72
hours, covering over 108 countries in 27 languages, out of which 15 are
foreign and 12 Indian. The foreign languages are Arabic, Baluchi, Burmese,
Chinese, Dari, French, Indonesian, Persian, Pushtu, Russian, Sinhala, Swahili,
Thai, Tibetan and English. The Indian languages are Bengali, Gujarati,
Marathi, Kokani, Kashmiri, Hindi, Kannada, Malayalam, Punjabi, Saraiki, Sindhi,
Tamil, Telugu and Urdu. Other services of All India Radio are "Digital Radio
Mondiale", "News-on-phone service", "Documentaries", "Central Drama Unit"
and "Social Media Cell". All India Radio launched news-on-phone service on
25th February 1998.
NATIONAL PROGRAMMES:

Health campaigns on Universal Immunisation (Mission "Indradhanush"), Polio, Thalesimia eye

donation, drug ill-treatment, tobacco consumption, illicit trafficking, acquired immune deficiency
syndrome etc. are aired. Women related programmes of All India Radio covers subjects related to
socio- financial development of women, health and family safety, food and nourishment, scientific
home managing, women private enterprise, education including adult education, women empowerment,
gender issues and so on.

Children programmes are based on plays, short stories, features, vocal singings, interviews and
stories from epics are the part of these broadcasts. "Children"s Day" is celebrated on November
14th as "Baal Diwas" with the special children activities, stage shows and invited audience
programmes. The "Trinity" and "Vaggeyakara" Music Festival and the "Tyagaraja Aradhana" Music
festival are famous broadcast from All India Radio for Carnatic Music lovers. "Mann Ki Baat" is an
Indian radio programme hosted by Prime Minister Narendra Modi. Programme on current affairs is
disseminated every Sunday. There are news programmes called "Samachar Prabhat" and "Morning
News" in Hindi and English correspondingly. A mid day news of one hour is broadcasted from 2 p.m.
and is also available on the Internet.
AWARDS OF AIR:

Akashvani yearly awards are given for exceptional radio plays, documentaries, musical productions,

inventive programmes, programmes on family welfare and programmes on farm. Some of the awards of All

India Radio are "Lassa Kaul Award" for programmes on National Integration, "The K. L. Sharma Award",

and "Dr. Rajendra Kumar Talib Award" etc. Akashvani introduced a special award for the Best Marketing

Division in 2002. Gandhian Philosophy and Public Service Broadcasting Awards were started in 2001. From

the year 2005, four new categories of awards were instituted for the Best Trainer (Programme), Best

Training Institute (Programme), Best Regional News Unit and Best News Editor of the Year. In the year

2008, award for Best Part Time Correspondent Award of the Year and in 2009, Award for the Best

Women"s Programme were added.

PRASAR BHARATI (BROADCASTING
CORPORATION OF INDIA)
Under Prasar Bharati (Broadcasting Corporation)Act, 1990
Akashwani(radio) and Dhoordharshan- prime institutions
Mainly to disseminate information, impart education, entertain people.
Ensure fairness, objectivity, creativity
Broadcasting corporation- prasar bharati
Prasar bharati board- direction, superintendence, control
Broadcasting council- render advice to prasar bharati board- deal complaints
of programmes broadcasted by the corporation
Section 12: OBJECTIVES:

● Upholding unity and integrity of country and values enshrined in the

Constitution
● Safeguarding right to information- matters of public interest
● Paying attention to education, literacy, agriculture, rural development,
environment, health, family welfare
● Adequate coverage to diverse cultures, languages, sports, games- for
healthy competition
● Promote social justice, eliminate exploitation, inequality, untouchability
● Promote national integration
● Programmes for special groups
● Comprehensive coverage of broadcasting, promote research and
development.
Section 2(a)Akashwani- office, stations, establishments, formed part of All India Radio of
Union Ministry of Info and Broadcasting under Director General of AIR
Section 2(h)Dhoordharshan- office, kendras, formed part of All India Radio of Union
Ministry of Info and Broadcasting under Director General of AIR
Section 3: Prasar Bharati board
(1)By Central Govt- notification
(2) perpetual succession, common seal, power ton acquire, hold, sue, be sued
(5) Chairman
executive/finance/personnel member(1 each)
Other members includes director of Akashwani, dhoordharshan
6 part time members
Rep from Union Ministry of Info & broadcasting & employees of corporation
Section 4: Appointment of Chairman and other members
(1)Nominated and appointed by President of India on recommendation of
Chairman of Council of States- who will be chairman of the committee
Chairman of the Press Council of India- established u/s 4 of Press Council Act, 1978
1 nominee of President of India
(3) chairman and Part time members shall be persons eminence of public life
Executive member- person having special knowledge/practical experience-
administration, management, broadcasting, education, literature, culture, arts, music,
dramatics, journalism
Member- finance- special knowledge in finance
Member- personnel- special knowledge in personnel management and administration
BROADCASTING COUNCIL:

Body to advise broadcasting corporation

Receive and consider complaints referred in section 15

Consists of president and 10 members appointed by president of India

Authorised to lay down procedure for disposal of complaints

Jurisdiction:

Complaints in respect of :

● Programmes/ functioning of corporation not in accordance with objectives

● Unjust and unfair treatment of programmes by the corporation.

Shall advise executive council to take appropriate action if justified

If executive member disagrees with recommendation of council- before the board

Council to record reasons in writing

Prasar Bharati and others vs. Amarjeet Singh and others (2007)

Distinction between transfer and deputation

Transfer limited to equivalent post in same cadre,

Deputation- outside the cadre/parent department

Prasar Bharati vs. Amarjeet Singh (2005)

Though Prasar bharati Act came into force from 21.11.1997

Employees continue to be central govt employees else a lapse of 8 years would

create uncertainty- referred to Solicitor general of India
PRESS COUNCIL AND ITS COMPOSITION

Press Council Act, 1978

Section 13: objects of the council

● Preserve freedom of press

● To maintain and improve standards of newspaper and news agencies in India

Section 4: Central Government empowered to establish the council

Council - body corporate, perpetual succession, common seal, sue and be sued
Section 5: Composition

1 chairman + 28 members

Chairman nominated by committee consisting of- Chairman of council of states, Speaker of House of the people

Other members

13 working journalists- 6 editors, 7 other than editors(3/4 - indian lang)

6 nominated from own/carry on the businesses management of newspaper(2 representative by newspaper,

medium, small newspaper)

1 shall be nominated from among persons who manages news agency

3 shall be persons- special knowledge/practical experience- education, science, law, literature, culture

1 nominated by UGC

1 bar council of India

5 members of Parliament- 3 nominated by speakers of LS, 2 nominated by chairman of RS

Period: 3 years

Salary for chairman, allowances for members