MODULE 3
PRIVILEGED COMMUNICATIONS AND
JOURNALISM
• The Indian Evidence Act of 1872 extends testimonial privilege to three classes of relationships- spousal
privilege, attorney-client privilege, and privileged official communications (Sections 122-127 of the Act)
(s.127-134 of BSA)
• Source privilege for journalists is conspicuously absent from the statutory scheme of the Act
• Section 15(2) of the Press Council of India Act, 1978 provides complete protection to journalists from
disclosing their source, but the protection only operates against the Press Council itself in performing its
functions under the Act.
• In the case of Jai Parkash Aggarwal v. Vishambhar Dutt Sharma the Delhi High Court observed that
journalists as a class have no absolute immunity against disclosing their sources. It advocated a balancing
exercise to be done on a case to case basis- weighing the interests of source privilege against the interests of
justice and public interest. The Court directed the reporters to disclose their sources for a story claiming that
a judicial verdict in an election petition was fixed
• In Javed Akhtar v. Lana Publishing Company, the Bombay High Court in a defamation suit recognized the
importance of journalistic privilege but confined it to cases “when the information or material published is
of public importance, as for example, if the information relates to malpractices in a government
organization”.
• The Law Commission, in its 93rd report recommended the insertion of a Section 132 A in the Evidence Act
conferring qualified immunity on journalists, subject to interests of justice, national security, and crime
JOURNALISTIC PRIVILEGE AND
JOURNALISTIC ETHICS
• The position of journalistic privilege as it stands now is to let the courts decide
each case on its own facts, applying their own ‘interests of justice and security’
scale.
• This journalistic privilege however should not be abused.
• In Maria Monica Susairaj v. State of Maharashtra, the Bombay high court opined that “it is only ‘a
responsible press’ which can claim not only freedom but also an immunity from being compelled to
divulge the source of its information”
• Thus, even though the press needs protection against disclosure of sources in controversial cases and
instances of whistleblowing, the same could be abused.
• But unethical media might abuse the power of journalistic privilege to violate the right to know of the
general public
• It may also interfere in judicial proceedings and fair trial if journalistic privilege is available as a defence
• Therefore, any law on journalistic privilege needs to safeguarding the rights of accused persons against
unethical journalistic practices.
• The Society of Professional Journalists’ Code of Ethics enjoins journalists
to:
• Seek Truth and Report It. This includes fact-checking, not intentionally distorting
information, identifying sources, avoiding stereotypes, and supporting the open
exchange of opinions.
• Minimize Harm. This includes demonstrating compassion for sources and subjects
of stories and protecting the privacy of individuals. Interestingly, the code makes
no prohibition to interfere with national security.
• Act Independently. This includes avoiding conflicts of interest and corruption, and
resisting the attempts of advertisers and special interests groups to influence the
news.
• Be Accountable. This includes correcting mistakes, inviting criticism, and exposing
unethical practices of the media.
WORKING JOURNALISTS ACT,1955
• Every newspaper or periodical establishment had its own way of working and hiring persons
• The Government of India constituted the Press Commission to enquire into the conditions of employment of working journalists.
• The Press Commission made certain recommendations for improvement and regulation of such service conditions by means of
legislation.
• Accordingly, the Working Journalists (Conditions of Service) and Miscellaneous Provisions act was passed by the Parliament.
• Wage board under s9, 13 C
• Wage board powers s11–
• power of Industrial Tribunal constituted under the Industrial Disputes Act, 1947
• Any representations made to the Board and any documents furnished to it by way of evidence shall be open to inspection on payment of such fee
as may be prescribed, by any person interested in the matter
• Gratuity – s5
• Inspectors 17B
• Penalty s18
• Power to make rules s20
• Recovery of money due from employer s17
• Recommendation by board – s 10
• Procedure for fixing and revising rates of wages – s 9
ALL INDIA RADIO
• Also known as Akashvani, AIR was established in 1936
• It is the largest radio network in the world – 420 stations across the
country
• In April 1930, the Indian Broadcasting Service, under the Department
of Industries and Labour, commenced its operations on an
experimental basis.
• On June 8, 1936, the Indian State Broadcasting Service became All
India Radio.
• It has grown after independence and covers almost 92% of total area
HISTORY OF PRASAR BHARATI(BCI)
• B.G. Verghese Committee 1978 highlighted the need for an unbiased and
independent corporation as “the executive, abetted by the Parliament, misused
the Broadcasting during Emergency.”
• Once the Janata Party imploded and Indira Gandhi came back in power, the
Congress government appointed the P.C. Joshi Committee in 1982. The
committee recommended a separate board, free from ministry of broadcasting,
has to be created for doordarshan
• In 1989, Prasar Bharati Bill was introduced by the National Front Government.
Bill borrowed some contents from the previous bill and also added some new
changes. V.P. Singh Government moved this bill and was passed in Lok Sabha in
August 1990. Finally, Prasar Bharati came into force in 1997 which is established
under the “Prasar Bharati Act” and came into existence on 23rd November 1997.
• Prasar Bharati is India’s Public Service Broadcaster.
• On 6 September 1990, the Indian Parliament passed the Prasar Bharati (Broadcasting Corporation of India) Act.
This Act provided for the establishment of a broadcasting corporation of India called Prasar Bharati.
• Prior to the act, Doordarshan (DD) and All India Radio (AIR/Akashvani) were under the central government’s
control under the Ministry of Information and Broadcasting.
• The Act brought both DD and AIR under the ambit of the corporation Prasar Bharati
• During the emergency time as well as other times, Doordarshan was used for government propaganda. Thus, the
Prasar Bharati Act, 1990 was established. The main motive of the Act is to provide freedom to electronic media
i.e. the All India Radio and Doordarshan.
• Section 12(3)(a) mandates that Prasar Bharati ensure that “broadcasting is conducted as a public service.”
• Section 12(3)(b) reinforces that the purpose of establishing the corporation is to gather news, not propaganda.
• The legislative intent of the Act is based on the Supreme Court’s 1995 judgment in The Secretary, Ministry of
Information and Broadcasting v. the Cricket Association of Bengal, which said the “first facet of the broadcasting
freedom is freedom from state or governmental control, in particular from the censorship by the government…
Public broadcasting is not to be equated with state broadcasting. Both are distinct. Radio waves have to be
regulated by govt agencies to prevent infringement of right of people. So the govt. must create independent
agency to regulate the radio waves. The government has the power to apply reasonable restriction on the
airwaves.
FUNCTIONS OF PRASAR BHARATI –
s12
• Prasar Bharati’s main objective is to educate and entertain the public
• To maintain the country’s unity and integrity as enshrined in the Constitution of India.
• To ensure that citizens’ right to be informed of national and international events and news
are fulfilled.
• To spread literacy, agricultural development, and to promote health and the environment.
• To cover sporting activities to promulgate sportsmanship spirit among the citizens.
• To cover and propagate the diversity in the country.
• To serve the rural and weaker sections of society including children, disabled, etc.
• To conduct research and development so that television and radio broadcasts are regularly
updated.
BOARD MEMBERS
• 1 Chairman
• 1 executive member
• 1 member for finance
• 1 member for personnel
• 6 part-time members
• Director-General (Akashvani), ex-officio
• Director-General (Doordarshan), ex-officio
• 1 representative of the Information and Broadcasting ministry (nominated by the ministry)
• 2 representatives of the employees of the corporation (1 elected by the engineering staff and
1 elected by the other staff, from amongst themselves)
• The Chairman and other members except for the ex-officio members, the elected and the
nominated members are appointed by the President.
PRESS COUNCIL OF INDIA
• It is a statutory body formed by Press Council Act, 1978
• The PCI first came into being on 1966, it was abolished during emergency and resurrected in 1978
• It is the body for regulating print media in India
• It arbitrates the complaints against and by the press for violation of ethics and for violation of the
freedom of the press respectively.
• It can warn and criticize the print media
• It consist of chairman and 28 members:
• 2 Rajya Sabha Members
• 3 Lok Sabha Members
• 7 Working Journalists (other than editors of newspapers)
• 6 Editors of Newspapers
• 3 people with specialized knowledge on public life
• 1 person who manages news agencies
• 6 persons in the business of managing newspapers.
FUNCTIONS OF PCI
• Making sure that newspapers are able to maintain their independence.
• Maintain high standards of news for public consumption.
• Keep a track on the developments that might obstruct the flow of information or
news freely.
• Build a code of conduct for the journalists for high professional standards.
• Build a code of conduct for news agencies to maintain high professional
standards.
• Provide training to new journalists.
• It works to promote technical and other research areas related to news.
• Section 26 of the Act empowers the Council to frame regulations for conducting
inquiries.