SRM INSTITUTE OF SCIENCE AND TECHNOLOGY

FACULTY OF SCIENCE AND HUMANITIES

Department Visual Communication

MEDIA LAWS AND ETHICS

UNIT - 5

UNIT- V: Media Ethics- Definition & Concept; Role of Press & Media Councils;
Press Ombudsman; Accountability & Independence of Media; Code of Ethics-
Journalism & Journalistic Ethics, Code of Ethics- Advertising & Films; Ethical
problems- Privacy, Bias, Communal writing, Sensational & Yellow Journalism;
Ethical issues related with Ownership of Media.
5.1 Media Ethics - Definition & Concept

Media ethics is the subdivision dealing with the specific ethical principles and standards of media, including
broadcast media, film, theatre, the arts, print media and the internet. The field covers many varied and highly
controversial topics, ranging from war journalism to Benetton ad campaigns.

Media ethics promotes and defends values such as a universal respect for life and the rule of law and legality. Media
Ethics defines and deals with ethical questions about how media should use texts and pictures provided by the
citizens.

Literature regarding the ways in which specifically the Internet impacts media ethics in journalism online is scarce,
thereby complicating the idea for a universal code of media ethics.

History of media ethics

Research and publications in the field of information ethics has been produced since the 1980s. Notable figures
include and Robert Hauptman (who focused his work specifically on censorship, privacy, access to information,
balance in collection development, copyright, fair use, and codes of ethics), Rafael Capurro, Barbara J. Kostrewski
and Charles Oppenheim (who wrote the article "“Ethics in Information Science” , discussing issues as confidentiality
of information, bias in information provided to clients or consumers, the quality of data supplied by online vendors,
etc.).

In the 1990s, the term "information ethics" began to be explored by various Computer Science and Information
departments in the United States.

In the late 1990s, textbooks such as Richard Severson's The Principles of Information Ethics and Marsha Cook
Woodbury's Computer and Information Ethics, and Deborah G. Johnson's Computer Ethics were published.

Areas of media ethics

Media ethics: Issues of moral principles and values as applied to the conduct, roles, and *content of the mass media,
in particular journalism ethics and standards and marketing ethics; also the field of study concerned with this topic. In
relation to news coverage it includes issues such as impartiality, objectivity, balance, bias, privacy, and the public
interest. More generally, it also includes stereotyping, taste and decency, obscenity, freedom of speech, advertising
practices such as product placement, and legal issues such as defamation. On an institutional level it includes debates
over media ownership and control, commercialization, accountability, the relation of the media to the political
system, issues arising from regulation (e.g. censorship) and deregulation.

Ethics of journalism

Photographers crowd around a starlet at the Cannes Film Festival.

The ethics of journalism is one of the most well-defined branches of media ethics, primarily because it is frequently
taught in schools of journalism. Journalistic ethics tend to dominate media ethics, sometimes almost to the exclusion
of other areas.
Topics covered by journalism ethics include:

News manipulation. News can manipulate and be manipulated. Governments and corporations may attempt to
manipulate news media; governments, for example, by censorship, and corporations by share ownership. The
methods of manipulation are subtle and many. Manipulation may be voluntary or involuntary. Those being
manipulated may not be aware of this.

Truth. The truth may conflict with many other values.

Public interest. The revelation of military secrets and other sensitive government information may be contrary to the
public interest, even if it is true. However, public interest is not a term which is easy to define.

Privacy. Salacious details of the lives of public figures is a central content element in many media. Publication is not
necessarily justified simply because the information is true. Privacy is also a right, and one which conflicts with free
speech.

Fantasy. Fantasy is an element of entertainment, which is a legitimate goal of media content. Journalism may mix
fantasy and truth, with resulting ethical dilemmas.

Taste. Photo journalists who cover war and disasters confront situations which may shock the sensitivities of their
audiences. For example, human remains are rarely screened. The ethical issue is how far should one risk shocking an
audience's sensitivities in order to correctly and fully report the truth. See photojournalism.

Conflict with the law. Journalistic ethics may conflict with the law over issues such as the protection of confidential
news sources. There is also the question of the extent to which it is ethically acceptable to break the law in order to
obtain news. For example, undercover reporters may be engaging in deception, trespass and similar torts and crimes.

Online journalism
The Internet has shaped and redefined various ethical and moral issues for both online journalists and journalists
utilizing online resources.

While some journalists continue to adhere to ethical principles of traditional journalism, many journalists believe that
with the absence of a mutually agreed upon code of ethics specifically pertaining to internet ethics, and lack of
literature dealing specifically with the ways in which the Internet impacts media ethics in journalism online, the
online environment poses new threats to the profession.

Some of the core issues of media ethics in online journalism include commercial pressures, accuracy and credibility
(which include the issues dealing with hyperlinks), verification of facts, regulation, privacy, and news-gathering
methods.

Ethics of entertainment media

Issues in the ethics of entertainment media include:

The depiction of violence and sex, and the presence of strong language. Ethical guidelines and legislation in this area
are common and many media (e.g. film, computer games) are subject to ratings systems and supervision by agencies.
An extensive guide to international systems of enforcement can be found under motion picture rating system.
“Fluff or “Celebrity News”: Over the years, print media has been dying out so journalists began to report on what is
referred to as “Celebrity News”, or “Fluff.” As more outlets adopt this topic to report on, people become dependent
on them. According to Alden Weight, most people know not to completely trust these outlets due to ethical
discrepancies, but the issue arises when people who are not as mature or educated find these reports to be completely
true.
Product placement. An increasingly common marketing tactic is the placement of products in entertainment media.
The producers of such media may be paid high sums to display branded products. The practice is controversial and
largely unregulated. Detailed article: product placement.
Advertising: Attraction and persuasion are currently found in modern journalism. It is found that these methods of
advertising may alter an audience's point of view of what is realistic and falsified information.
Stereotypes. Both advertising and entertainment media make heavy use of stereotypes. Stereotypes may negatively
affect people's perceptions of themselves or promote socially undesirable behavior. The stereotypical portrayals of
men, affluence and ethnic groups are examples of major areas of debate
Women in Media: Entertainment media often exploits female bodies by objectifying and de-humanizing them. By
doing so, the concept of female bodies being bought and sold becomes common.
Media outlets usually use either images or imagery of female bodies to counter negative news that is provided
throughout the day.
Taste and taboos. Entertainment media often questions of our values for artistic and entertainment purposes.
Normative ethics is often about moral values, and what kinds should be enforced and protected. In media ethics, these
two sides come into conflict. In the name of art, media may deliberately attempt to break with existing norms and
shock the audience. That poses ethical problems when the norms abandoned are closely associated with certain
relevant moral values or obligations. The extent to which this is acceptable is always a hotbed of ethical controversy.

Media and democracy

In democratic countries, a special relationship exists between media and government. Although the freedom of the
media may be constitutionally enshrined and have precise legal definition and enforcement, the exercise of that
freedom by individual journalists is a matter of personal choice and ethics. Modern democratic government subsists
in representation of millions by hundreds. For the representatives to be accountable, and for the process of
government to be transparent, effective communication paths must exist to their constituents. Today these paths
consist primarily of the mass media, to the extent that if press freedom disappeared, so would most political
accountability. In this area, media ethics merges with issues of civil rights and politics.

Media integrity
Media integrity refers to the ability of a media outlet to serve the public interest and democratic process, making it
resilient to institutional corruption within the media system, economy of influence, conflicting dependence and
political clientelism. Media integrity encompasses following qualities of a media outlet:

● independence from private or political interests

● transparency about own financial interests
● commitment to journalism ethics and standards
● responsiveness to citizens

The concept was devised particularly for the media systems in the region of South East Europe, within the project
South East European Media Observatory, gathering organisations which are part of the South East European Network
for Professionalization of Media (SEENPM).
Digital media ethics
Digital news media includes online journalism, blogging, digital photojournalism, citizen journalism and social
media.[9] It talks about how journalism should interact and use the 'new media' to publish stories including how to
use texts and images provided by other people.

Ethics of images
● There are new ethical issues due to the new image technology. Citizens now have the availability to take
pictures and videos from easier and faster ways like smartphones which allow them to not only collect
information but also edit and manipulate it.
● This convergence of ease of capture, ease of transmission, and ease of manipulation questions the traditional
principles of photojournalism which were developed for non-digital capture and transmission of pictures and
video.
● The main issues regarding the new image technology is that the newsroom cannot trust the easily obtained
images and also the limit of the image edit. It is vague and very difficult to decide the borderline of image
manipulation.

It is very complicated and still a dilemma to clarify the principles of responsible image making and ethics on it.

5.2 Role of Press & Media Council

The Press Council Act of 1978 created the Press Council of India (PCI). It is the highest body to maintain the
standards of the Print Media in India. It is believed to be the most significant body that remains active in a democracy
to ensure that freedom of speech is invariably safeguarded.

It serves as the regulator that discharges professional standards for print media in India. The goal of the Press Council
of India is to preserve the freedom of the press and to regulate and enhance the standards of the press in India.

Structure of PCI

PCI comprises a Chairman and other 28 members who are:

3 Lok Sabha members.

2 Rajya Sabha Members.
6 Editors of Newspapers.
7 Working Journalists (other than editors of newspapers).
3 people with specialised knowledge of public life.
1 person who handles the news agencies and 6 persons in the business of handling newspapers.
The Speaker of Lok Sabha, Chairman of Rajya Sabha and a member selected by the PCI choose the chairman of PCI
through its procedure.

Functions of PCI

It keeps a check on newspapers that are able to maintain their independence.

It sets up a code of conduct for the journalists to maintain high professional standards.
It runs to foster technical and other research areas concerning news.
It ensures high standards of news for public intake, especially when it comes to credibility.
There are up-to-date developments that might hinder the flow of information or news freely.
It promotes responsibility among citizens.
When it comes to limitations, it only has the power to implement standards on the print media such as magazines,
journals, newspapers. In contrast, it does not have power to implement electronic media such as radio, television, and
the internet.

While executing the directed guidelines, it has very limited powers. It cannot penalise or fine anyone for violation of
the guidelines. It states, “Section 26 of the Act empowers the Council to frame regulations for conducting inquiries.”
The Council has constituted the Press Council (Procedure for Inquiry) Regulations, 1979.

How to file a Complaint?

Under Section 14(l) of the Act, a person making a complaint to the Council regarding any publication or
non-publication of any matter should mention in the complaint the following details:

● Name and address of the newspaper or news agency, editor or other active journalists against whom or which
the complaint is filed.
● A statement demonstrating what manner the publication and non-publication of the matter complained of is
objectionable and harms the other party.
● A copy of the letter written by the complainant to the newspaper or news agency, or editor or other active
journalist bringing the matter to his attention, together with a copy of the response, if any received. Although,
in suitable cases, the Chairman has powers to waive the condition
● There are incidents where the complaint is that the editor or working journalist has done professional
delinquency other than by way of publication or non-publication. The complainant shall set out evidently in
detail the facts, which as per him validates the complaint.
● The complaint relating to publication or non-publication of any matter must be stated within two months if the
complaint is against the editor, news agency and weekly and within four months in all other cases.

TRAI - The Telecom Regulatory Authority of India

The Telecom Regulatory Authority of India (TRAI) is the regulatory authority responsible for overseeing and
regulating the telecommunications and broadcasting sectors in India. Here's a more detailed explanation of TRAI and
its roles:

Regulatory Authority: TRAI is an independent regulatory body established by the Government of India. It was
founded in 1997 with the aim of regulating and ensuring the orderly growth and development of the
telecommunications and broadcasting industries.

Functions:

● Licensing and Spectrum Allocation: TRAI is responsible for issuing licenses to telecom operators and
allocating spectrum, which is the radio frequencies that enable wireless communication. This helps ensure that
the allocation is fair and transparent.
● Quality of Service: TRAI monitors the quality of services provided by telecom operators and sets
benchmarks for service quality.
● Tariff Regulation: TRAI regulates the tariffs and prices charged by telecom operators, ensuring that they are
reasonable and do not lead to monopolistic or anti-competitive practices.
 ● Consumer Protection: TRAI works to protect the interests of consumers by addressing their grievances and
ensuring that they receive quality services.
● Competition Promotion: TRAI promotes competition among service providers to encourage innovation and
the development of new services.
● Broadcasting Regulation: In addition to telecommunications, TRAI also regulates the broadcasting sector,
which includes television, radio, and direct-to-home (DTH) services.

Policy Recommendations: TRAI often makes policy recommendations to the government based on market analysis,
emerging trends, and the evolving needs of consumers. These recommendations can influence changes in the
regulatory framework.
Dispute Resolution: TRAI serves as a mediator in disputes between service providers or between service providers
and consumers. They aim to resolve issues fairly and efficiently.
Public Consultations: TRAI frequently conducts public consultations to gather opinions and feedback from
stakeholders, including the public, service providers, and other industry players. This helps in making informed
decisions and policies.
Broadcasting and Cable TV: In the broadcasting sector, TRAI sets guidelines and regulations for cable television,
DTH services, and content distribution. This includes issues related to content standards, pricing, and consumer
choice.

5.3 Press Ombudsmam

The term "Ombudsman" has its origins in Sweden and is derived from the Swedish word "ombudsman," which means
"agent" or "representative of the people." The concept of an ombudsman has a rich history and has evolved over time:

Swedish Origins (Early 19th Century): The Swedish Parliament established the first modern ombudsman institution
in 1809, and it became an integral part of the Swedish constitution in 1810. The Swedish ombudsman, known as the
"Justitieombudsman" or "Parliamentary Ombudsman," was initially tasked with investigating complaints from
citizens about maladministration and corruption in the public administration. The Swedish model served as a basis for
similar institutions worldwide.

Spread Across the World (20th Century): The concept of the ombudsman gradually spread to other countries during
the 20th century. It was often adopted as a means to ensure transparency, accountability, and the protection of citizens'
rights. Different countries tailored the ombudsman model to their specific needs and contexts. Ombudsman
institutions were established in various forms, such as parliamentary ombudsmen, government ombudsmen, and
specialized ombudsman offices.

Variety of Mandates: Ombudsman institutions typically have the authority to investigate complaints of
maladministration, violations of citizens' rights, and other administrative injustices by public authorities. The scope of
their mandates can vary significantly from one country to another, with some ombudsmen focusing on public
administration, while others deal with issues related to health, education, or human rights.

Role in Promoting Good Governance: Ombudsmen play a crucial role in promoting good governance, transparency,
and accountability in both developed and developing countries. They act as independent, impartial agents who bridge
the gap between citizens and government institutions.
Evolution into Specialized Roles: Over time, ombudsman institutions have evolved to take on more specialized roles.
For example, some countries have established environmental ombudsmen to address environmental concerns, while
others have human rights ombudsmen to protect and promote human rights.

Global and Regional Ombudsman Bodies: In addition to national ombudsman institutions, there are global and
regional ombudsman organizations, such as the International Ombudsman Institute (IOI) and regional organizations
like the European Ombudsman. These entities promote the ombudsman concept and provide a platform for
collaboration and exchange of best practices among ombudsman offices worldwide.

Ombudsman institutions have become an essential part of democratic governance, serving as checks on the power of
government, ensuring fairness and accountability, and providing recourse to individuals and organizations when they
encounter administrative injustices. The concept continues to evolve and adapt to meet the changing needs of
societies and the challenges of modern governance.

PRESS OMBUDSMAN IN INDIA

In India, the ombudsman institution is known as the "Lokpal" at the national level and "Lokayukta" at the state level.
These institutions were established to investigate allegations of corruption, maladministration, and other forms of
misconduct by public officials. Here's an overview of the ombudsman system in India:

1. Lokpal (National Ombudsman):

The Lokpal is an independent anti-corruption authority established at the national level in India. The Lokpal and
Lokayuktas Act, 2013, provides the legal framework for its establishment and functioning.
The primary function of the Lokpal is to inquire into complaints of corruption and misconduct against public
officials, including the Prime Minister and other high-ranking officials, with certain exceptions.
The Lokpal is an independent body comprising a chairperson and other members who are appointed by a selection
committee.

2. Lokayukta (State Ombudsman):

Lokayuktas are state-level ombudsman institutions established in various states of India. The Lokayukta Act provides
the legal framework for their establishment and functioning.
Similar to the Lokpal, Lokayuktas are responsible for investigating allegations of corruption, maladministration, and
misconduct by public officials at the state level.
The composition and powers of Lokayuktas may vary from state to state.

Key Functions of Lokpal and Lokayuktas:

● Receiving and investigating complaints of corruption and maladministration.
● Conducting inquiries and investigations into allegations of misconduct.
● Recommending actions, including prosecution, against individuals found guilty of corruption.
● Promoting transparency and accountability in the public administration.

The World Association of Press Councils (WAPC) is another organisation that teaches worldwide recognition of
the necessity for a free and unrestricted flow of information across borders. In this perspective, the media accepts the
role of public trust subject to only one constraint: internal or self-regulation. In the preamble to the Constitution
(approved in 1992) for the foundation of the WAPC, it states:"AND WHEREAS, the establishment of
such organs as independent PressCouncils is a step in the right direction."And the establishment of a press
ombudsman's office are recognised as means for ensuring the press's freedom, responsibility, and accountability.This
concept effectively conveys a global perspective on the need for a press ombudsman in both print and electronic
media.Editors for ReadersThe importance of press freedom cannot be overstated. Its social responsibility is also
important, which must start with interaction with and accountability to readers. This must happen on a daily basis for
a daily newspaper. Internal press ombudsman has already been discussed. The obligations of the Readers' Editorare
essentially identical to those of an ombudsman. The following are the main goals of appointing a Readers' Editor:-

● To make the practise of self-regulation, accountability, and openness more formal.

● To provide a new visible framework for improving newspaper accuracy, verification, and
standards.
● To strengthen the newspaper's ties with its millions of print and online readers.A Readers' Editor is usually
assigned to gather, examine, investigate, respond to,and, when appropriate, reach a conclusion
concerning readers' comments,concerns, and complaints in a timely and efficient manner, from a position of
independence within the newspaper.
● The Readers' Editor's job is to find new ways to communicate with readers and to be more responsive to them,
whether through email, phone, the Internet, snail mail, or the newspaper's columns.

He seeks the opinions of journalists whose work is the subject of the readers concerns, as well as
written comments where appropriate. When responding to readers, he is to evaluate these points of view and, if
required, make critical judgments based on an impartial and well-informed basis.

The Readers' Editor collects and analyses readers' problems, thoughts, and suggestions, as well as finding
possible new or alternative pathways, in order to improve the paper's work and performance in the broadest sense.He
may also write a regular column that addresses one or more areas of the reader's concerns, ideas, and complaints on a
regular basis. Except in concerns of fact and style, he can make content decisions without seeking prior approval
from the Editor-in-Chief or others on the team. The Readers' Editor has the option of using his or her column as a
platform and venue for reader feedback. He or she may ask the newspaper's Editor-in-Chief to take efforts to ensure
the staff's full and prompt cooperation with the Readers'Editor by assisting in the response to readers' issues and
complaints. Similarly, insofar as their actions relate to readers' concerns about journalistic content, the newspaper's
management and marketing sections should cooperate.

The Readers' Editor may decide whether and when a correction should be published, as well as provide
apologies, in conjunction with the Editor-in-Chief and/or his or her nominee. The Readers' Editor should have
established access to the Editor-in-Chief, heads of department meetings, planning and reviewmeetings,
daily editorial and news conferences, and other relevant forums inorder to be fully informed about the paper's
operations. The Readers' Editor should be accessible to report to the Editor-in-Chief and these other groups on an
as-needed basis.

The existence of the Readers' Editor, as well as how to contact him or her, should be extensively published in the
paper on a regular basis. A Readers' Editor may report any serious grievances or matters where the newspaper's
journalistic integrity has been called into question to an external ombudsman if the terms of reference of the
newspaper allow it. In the West, most newspapers have an Ombudsman or a Readers' Editor. The Hindu, India's
national daily, noted that The Guardian's exceptional practice and experience in a critical area of newspaper
performance over the past decade motivated it to hire a Readers' Editor. In its 127-year existence, The Hindu has
announced the appointment of the first Readers' Editor. The Hindu's Readers'Editor is a full-time internal ombudsman
who works independently
5.4 Accountability & Independence of Media

Freedom of Media & Democracy:

Free Exchange of Ideas:
● A free exchange of ideas, free exchange of information and knowledge, debating and expression of different
viewpoints is important for the smooth functioning of democracy.
● A free press can inform citizens of their leaders’ successes or failures.
● It conveys the people’s needs and desires to government bodies, making informed decisions and strengthening
society as a result.
● It promotes open discussion of ideas that allows individuals to fully participate in political life.
Making Government Accountable: Free Media makes people question the decisions of the government and make it
accountable.

Voice of Marginalised: The free media by virtue of being the voice of the masses empowers them with the right to
express opinions.Thus, free media is critical in a democracy.
Fourth Pillar of Democracy: Due to these attributes, the Media can be rightly considered as the fourth pillar of
democracy, the other three being legislature, executive and judiciary.

Threats to Freedom of Press:

Fake News: The government’s pressure in the name of regulations, the bombardment of fake news and the influence
of social media is dangerous for the occupation.
Paid News: Corruption-paid news, advertorials and fake news are threats to free and unbiased media.
Attack Against Journalists: The security of journalists is the biggest issue, killings and assaults on Journalists
covering sensitive issues are very common.
Hate speech shared and amplified on social networks are targeted against journalists using social media.
Reports such as ‘Freedom in the World 2021 (Freedom House, US)’, ‘2020 Human Rights Report (US State
Department)’, ‘Autocratisation Goes Viral (V-Dem Institute, Sweden)’ have all highlighted intimidation of journalists
in India.
Biased Media: Corporate and political power has overwhelmed large sections of the media, both print and visual,
which lead to vested interests and destroy freedom.

Press Freedom in India:

Romesh Thappar v. State of Madras, 1950: The Supreme Court in Romesh Thappar v. the State of Madras observed
that freedom of the press lay at the foundation of all democratic organisations.

Fundamental Right Under Article 19: The Indian Constitution guarantees freedom of
speech and expression under Article 19, which deals with ‘Protection of certain rights regarding freedom of speech,
etc.

Implicit Right: Freedom of the press is not expressly protected by the Indian legal system but it is impliedly protected
under article 19(1) (a) of the constitution.
However, Freedom of the press is also not absolute.
A law could impose only those restrictions on the exercise of this right, it faces certain restrictions under article 19(2),
which is as follows:
● Sovereignty and integrity of India,
 ● Security of the State,
● Friendly relations with foreign States,
● Public order, decency or morality or in
● Contempt of court,
● Defamation
● Incitement to an offence.

Press Council of India (PCI)

It is a regulatory body established under the Press Council of India Act of 1978.
It aims to preserve the freedom of the press and maintain and improve the standards of newspapers and news agencies
in India.

International Initiative for Freedom of Press

● The Paris based Reporters Without Borders (RSF) publishes annually a World Press Freedom Index (WPFI).
● The index evaluates the level of freedom available to the media in 180 countries, which makes the
governments and authorities aware of their policies and regulations against and for freedom of the press.
● India has been ranked at 142nd out of 180 countries in World Press Freedom Index, 2021.

Way Forward
● Strengthening Institutional Framework: The Press Council of India, a regulatory body, can warn and regulate
media if it finds that a newspaper or a news agency has violated media ethics.
● Statutory status should be given to the News Broadcasters Association (NBA) which represents the private
television news and current affairs broadcasters.

Tackling Fake News: Countering content manipulation and fake news to restore faith in the media without
undermining its freedom will require
● Public education,
● Strengthening of regulations
● Effort of tech companies to make suitable algorithms for news curation.

Adherence to Media Ethics: It is important that the media stick to the core principles like truth and accuracy,
transparency, independence, fairness and impartiality, responsibility and fair play.

5.5 Code of Ethics - Journalism & Journalistic Ethics

What Are Ethics in Journalism?

Journalistic ethics are the common values that guide reporters. They lay out both the aspirations and obligations that
journalists, editors, and others working in the field should follow to execute their work responsibly.

Journalism ethics have evolved over time. Most news organizations have their own written codes of ethics, as do
professional membership bodies. If a professional journalist or news organization transgresses these ethical standards,
they will lose credibility.

What Are the Standard Ethical Principles for Journalists?

There are several key ethical standards that appear across global news organizations. At the highest level, they call on
journalists to seek the truth, act in the public interest, and minimize harm.

1. Honesty. Journalists have an obligation to seek out the truth and report it as accurately as possible. This requires
diligence: this means making every effort to seek out all the facts relevant to a story. Journalists should also
corroborate any information with multiple sources.
2. Independence. Journalists should avoid taking political sides and should not act on behalf of special interest
groups. Any political affiliations or financial investments that might constitute a conflict of interest with the subject
they are writing about should be declared to editors and readers. Some organizations characterize this principle as
“objectivity,” while others, especially non-profit civic journalism projects, reject this term, as they position
themselves explicitly on the side of public interest.

3. Fairness. In addition to being independent, journalists should show impartiality and balance in their reporting.
Most news stories have more than one side, and journalists should capture this. That said, they should not place two
different perspectives on equal footing where one is unsupported by evidence. The exception to the impartiality rule
is opinion writing, as well as “gonzo” journalism and creative nonfiction.

4. Public accountability. News organizations should listen to their audience. To enable the public to hold them
accountable, journalists should write under their own bylines and accept responsibility for their words. When news
outlets publish factual errors, they need to issue a correction.

5. Harm minimization. Not every fact that can be published should be published. If the amount of harm that could
come to private individuals—particularly children—as a result of disclosure exceeds the public good that would come
of it, then news outlets might choose not to publish the story. This is less of a consideration when it comes to public
figures. It is huge, however, in matters of national security, where lives could be on the line.

6. Avoiding libel. This is a legal as well as a moral imperative for journalists. Journalists cannot print false statements
that damage a person’s reputation. In most jurisdictions, true statements cannot be libelous, so journalists can protect
themselves by rigorously checking facts.

7. Proper attribution. Journalists must never plagiarise. If they use information from another media outlet or
journalist, they need to attribute it to them.

5.6 Gandhian Ethics on Journalism

"The sole aim of journalism should be service. The newspaper is a great power, but just as an unchained torrent of
water submerges the whole countryside and devastates crops, even so an uncontrolled pen serves but to destroy."-
Mahatma Gandhi.

Idea of Social Responsibility: While recognising that the newspaper is a great power", Mahatma Gandhi- himself a
great journalist and editor, was very clear about the objectives of journalism and why it shouldn't be an unchained
torrent of water.
He wasn't referring to external curbs or control on free speech and freedom of the press - both of which he always
supported and fought for. Instead, he was articulating the idea of social responsibility of journalism.
This simply put, means that journalism must be socially responsible, serve the people with devotion, and educate
them while avoiding sensationalism, distortion and manipulation of facts in the news reports, and not compromise
with ethical standards of journalism for profit.

Importance of Journalism

Voice of voiceless: As the fourth estate of democracy and voice of voiceless'. The news media and the institution of
journalism plays a crucial role for keeping the citizens informed about powerful instruments of public information,
opinion and debates.
Public watchdog: One cannot imagine a vibrant democracy without a vibrant, independent and critical news media
which not only disseminates news and views of public importance but also acts as a watchdog that monitors,
investigates and critically examines the functioning of key organs and institutions of the State, and evaluates the
performances of those in the public office and holds the accountable.

Enhances vibrance of democracy: An independent news media which includes legacy media like newspapers,
magazines, television radio and new media like online news portals and digital news platforms, has been integral to
democracy's long and tumultuous journey.

Over time, it has evolved with democracy, especially in the late 19 and 20' century. There and vibrant media is treated
as a key parameter for the success of a democracy and in fact, is among the crucial factors in measuring its health.
Shaping the public perception: It has an influential role in shaping public perception, setting the agenda for public
debate and its widespread impact on the society, politics, economy, culture and governance, news media and
journalism enjoys a powerful position in a democratic society.

Thus, Napoleon Bonaparte had once famously said, "Four hostile newspapers are more to be feared than a thousand
bayonets."

Features of Responsible Journalism

Transparency and accountability: The credibility and respect doesn't come free or as a gift to the news media but
eamed and sustained by adhering to the ethical and moral standards of journalism. News media must also follow the
principles and norms of journalism and be transparent and accountable for its reportage, commentary and overall
functioning.

Maintaining journalistic ethics: Like other public-facing professions, journalism too has also evolved with a set of
ethical principles, standards and norms for fulfilling its social responsibility and serving the citizens better by
ensuring the quality of content and highest professional standards in gathering, processing, filtering and
dissemination of news and views.
Journalistic ethics are basically a set of principles, standards, guidelines and code of conduct prepared for
professional journalists. It deals with conduct, character and behavior of a journalist and how she works before,
during and after the news gathering and dissemination process.

Self regulation: Generally, it is expected from the news media outlets and its professional journalists to not only
strictly follow these principles and norms but to also self-regulate in alignment with them.
But given the non-mandatory and voluntary nature of journalistic ethics, there are always complaints of violation by
journalists and news media outlets.
There is no denying the fact that a section of news media outlets are either willingly or unwillingly deviating from or
compromising on journalistic ethics to attract more readers or viewers, for some personal gains and generally, at the
altar of commercial interests and to boost their bottom-lines.

Issues with Journalism in India

Erosion of ethics in journalism: In India instances of violation of ethical norms and principles; from indulging in Paid
News, spreading Fake News, engaging sensationalism and exaggerating trivial stories, creating misleading headlines,
breach of privacy, distortion of facts has increased manifold.

Biased reporting: Openly taking sides and bias in reporting. Besides this, many mainstream news media outlets and
their journalists are found to be engaging in one-sided media trials, lobbying for personal gains, blackmailing,
manipulating news stories, engaging in malicious and defamatory reporting, running propaganda and disinformation
campaigns.

Misuse of freedom of speech and press: There is a growing concern in the country that many Indian news media
outlets have shown little respect for journalistic ethics and norms by regularly crossing the limits and becoming
habitual offenders.
● In fact, the critics of unethical conduct of the news media are demanding stringent regulation in place of
ineffective self regulatory mechanism and their voices are growing louder day by day.
● It may be noted that like many other liberal democracies, India too recognises the primacy of the Freedom of
the Press and allows for self regulation of news media
● Manipulation of TRPs: Recently, various claims have been made about the manipulation of TRPs (Target
Rating Points) by some TV channels by rigging the devices used by the Broadcast Audience Research
Council (BARC) India.
● TRP is the metric used by the marketing and advertising agencies to evaluate viewership. It represents how
many people, from which socio-economic categories, watched which channels for how much time during a
particular period. This period is one minute as per the international standards.

Reforms Initiated in U.S.A

Pollution of democractic discourse: Earlier due to yellow journalism, newspapers in the USA were riddled with
sensational crime stories with exaggerated headlines, pictures and sketches. There was cut throat competition and a
mad rush to attract more readers and maximising the profits for newspapers' owners. But this was also polluting the
democratic discourse, distorting the public opinion, impairing the citizens' right and negatively affecting their
democratic choices and decisions.
Campaign for reforms: Slowly a concerted campaign started in the US and many other countries in the early 20h
century to bring in ethics and principles with a set of guidelines and code of conduct for news media and journalists.
Canons of journalism: In the US, in 1922, the American Society of Newspaper Editors (ASNE) adopted a set of
ethical principles titled "Canons of Journalism', which was later revised and renamed 'Statement of Principles in
1975.

Key principles: The ASNE proposed six key principles; Responsibility, Freedom of the Press, Independence, Truth
and Accuracy, Impartiality and Fair Play.
These principles were devised to professionalise the news media and journalism and to set it to ethical standards to
monitor and evaluate the journalistic work and its contents.
Hutchins Commission: This Commission was established to review the functioning of the press and the impact of
media ownership on its content. The Commission reiterated that while the freedom of press is paramount, it also has a
moral obligation to consider the well-being of the general public when making its decisions and choices.
It provided a strong philosophical basis for adopting these ethical norms and standards for improving the quality of
news media and journalism. The report echoed Gandhi's concerns of "an uncontrollable pen" while stressing that its
"sole aim should be service":

Yellow journalism: It is a style of newspaper reporting that emphasizes sensationalism over facts.
● In this the use of lurid features and sensationalized news in newspaper publishing to attract readers and
increase circulation.
● The phrase was coined in the 1890s to describe the tactics employed in the furious competition between two
New York City newspapers, the World and the Journal.

Acts and Agencies

The Press Council of India (PCI): A statutory and quasi-judicial body, was established by an Act of Parliament. It
functions as a "watchdog of the press, for the press and by the press".
● Its two broad objectives are-safeguarding the freedom of the press and to improve its quality and standards.
● It works on the premise of self regulation of print media but has no punitive powers.
● It can only censure, warn or ask newspapers to issue apologies and corrections.
● It has also put out a detailed "Norms of Journalistic Conduct" which it expects journalists and newspapers to
follow with utmost care and diligence.

News Broadcasting Standard Authority (NBSA): It is a non-governmental body, it oversees the news channels. It has
issued a "Code of Ethics and Broadcasting Standards" for its member news channels who had voluntarily pledged to
follow it.
Like the PCI, the NBSA too is headed by a retired Supreme Court judge and its other members comprise well-known
people belonging to civil society and editors of TV news channels.
It receives complaints of violation of technical norms against member TV news channels and decides after hearing all
the sides. Additionally, it has the power of imposing a fine that can go up to Rs. one lakh against an errant channel.

Cable Television Networks (Regulation) Act, 1995: Apart from the NBSA, the news channels are also regulated by
the Ministry of Information and Broadcasting (I&B) under the Cable Television Networks (Regulation) Act, 1995
which contains a "programme code" and an "advertising code"' to which news channels have to adhere.
Their adherence to this code is, in fact, one of the pre-conditions for obtaining the license for a news channel. The
I&B Ministry, on some rare occasions, for violation of "programme code has taken strict action against errant
channels while on others has issued advisories to the news channels.

Issues with the Existing Architecture of Regulation

Ineffective in reforming unethical conducts: The real question facing is how effective is the present architecture of
news media regulation in India considering the growing instances of violation of ethical principles and norms by the
news media and journalists.
Lack of introspection: Apart from jurists, intellectuals and civil society members, many senior journalists and editors
themselves are not happy with the present state of journalistic ethics in India.
They are calling for serious introspection from news media outlets and the journalists' community to take steps to
minimise the flouting of ethical norms, and to take corrective measures and honest initiatives to improve the quality
and standards of the news media in India.
News media outlets have to understand that it's in their own interest to follow ethical norms to sustain public faith in
them.

Way Forward

Initiating discussions on reforms: Professional bodies like the Editors Guild of India, NBA and statutory bodies like
PCI can take lead and initiate debate and discussion on this issue and propose remedial measures.
Everyone knows the cost of failure would be very high as witnessed in the News of the World scandal in the UK. In
India too, a chorus demanding harsher regulation is gaining momentum.
Imposing reasonable restrictions on the media: While demanding punitive power for the Press Council of India, it is
articulated that there is no freedom which is absolute. All freedoms are subject to reasonable restrictions, and are also
coupled with responsibilities.
In a democracy everyone is accountable to the people, and so is the media. Therefore Indian media must now
introspect and develop a sense of responsibility and maturity. One hopes that the Indian news media will remember
the advice and warning of Mahatma Gandhi.
Strict adherence to ethical norms: It is also important that the saner voices within the media fraternity will see the
warning signs and act fast to restore the credibility of the news media and journalism as a profession by ensuring
adherence to ethical norms, try to win citizens' confidence and work to strengthen the social contract with the public.

5.7 Sensational & Yellow Journalism

One of the dark faces of the Indian media houses, yellow journalism is posing a threat to the integrity of the country.
It is not for the first time that the nation is facing threats from these houses but the intensity to which they have risen
up in the recent times is alarming! In terms of the media agencies, this threat is popularly recognised as the Yellow
Journalism or the Yellow Press. Clearly the dark side of media, let us have a look at the different aspects of the
yellow journalism.

What Is Yellow Journalism?

Presentation of the news in a manner to create an overrated hype for the sake of business and making money can be
understood as the yellow journalism in layman terms. Going by the definition of the term, it can be seen as presenting
the illegitimate and the poorly researched articles with catchy headlines being served with the exaggeration. The idea
is to make millions out of overstating the events, scandal-mongering and sensationalism. Yellow journalism is
nowhere near to the basic objective of the media house. Rather, it can be compared to the art of the business where
one is primarily aiming at earning bucks and to fulfil the selfish means of the indulged parties.

What Leads To Yellow Journalism?

In a country where the media signifies the democracy as a fourth pillar and has a wide outreach, it is a moral
responsibility of the media houses to be unbiased. But then what leads to this situation? The answer is simple!

In a country of a billion, it is next to impossible to let everyone agree on an opinion and reach a conclusion. It take a
liberty to establish a link between this business development with political benefits and selfish motives. In particular
about India, a large number of the media houses are owned by the members of a party or the other. This further
questions the credibility of these journalists and hence, yellow journalism is born!
In a mad haste to ‘break’ the news and propagate the sponsored idea in place of the essential news, yellow journalism
is slowly destroying the country. Having a large viewership and larger attention, today’s journalism is playing with
the feelings of Indian people. They are clearly playing with the feelings of the general public and mar the spirit of the
national integration.

The point is if this dark sensation poses a huge threat to the idea of India, how can we curb or eliminate it?
Controlling the media is again a menace to the democracy and its current presence is troubling all of us already! In
this situation, media regulation is the answer. Not a complete overtake by the government or its agency but a code of
conduct implemented by the parliament is required. This never means to demean the media of this democratic
country but binds the hands of yellow journalism where the senseless stuff does not get to make the headlines and
adequate attention is paid to the matters of national interest.

5.8 Ethical issues related to Ownership of Media

OWNERSHIP PATTERNS IN INDIA India follows socialism and has a mixed economy. Therefore, the public as
well as private sector both play an important role in the growth of the nation. Likely in the case of media, public
authorities as well as private individuals both own the media in one or the other way.

The ownership pattern changes from private to third party or public to autonomous body.In India, mostly round 70%
of newspapers are owned by private individuals.

1. Individual ownership, Arnab Ranjan Goswami is the owner and the founder of Republic TV, the English news
television channel.

2. Association, Zee Media Corporation is a part of Essel Group, headed by Subhash Chandra. ZMCL has 14 news
channels in eight different languages acrossthe country. The owner’s family also own a distribution network Dish TV
India Ltd. Zee Media is also active in Film and Video production and runsa Film School called ZIMA, Zee Institute
of Media Arts.
3. TrustThe Foundation for Independent Journalism is a non- profit organization which publishes The Wire, a digital
news website. It is founded by the editors Siddharth Varadarajan, Sidharth Bhatia and M.K. Venu. The foundation
was initially funded by the Independent and Public-Spirited Media Foundation which is a public charitable trust.

4. Cross Media ownershipNetwork18 is a part of the Reliance Group owned by Mukesh Ambani (47.7%). Network18
is a media entertainment company with diverse interests in television, internet, film entertainment, digital business,
magazines, mobile content and allied businesses.

5. ConglomerateThe Sun Group is the biggest media house in Tamil Nadu and one of the largest media
conglomerates in India. The Group boasts 33 TV channels across South India, one of the largest DTH service
providers, 67 FM radio stations, 3 daily newspapers and numerous other publications and also has a Direct-to-Home
service – a distribution service called Sun Direct, which counts more than 16 million subscribers.

Media ownership in India presents a pretty sight from the outside. Mostly consisting of individuals with a background
in media, or companies that have media as a part of their diverse portfolio or businessmen with multiple interests. But
scratch beneath the surface, and one can see politics lurking in the background.
Asianet News Malayalam and Suvarna News Kannada, are owned by Asianet News Network Limited, or ANN. But
ANN is majorly owned by JupiterCapital, a company owned by Rajeev Chandrasekhar, a member of Parliament from
India’s ruling party, the Bharatiya Janata Party or BJP.

The Darda brothers, former Ministers of the Indian National Congress government in Maharashtra, and in the
previous Congress-led regime at the Centre, United Progressive Alliance (UPA) own Lokmat.

Sakal, a prominent Marathi newspaper is run by the family of Sharad Pawar, President of the Nationalist Congress
Party.

It's important to note that political affiliation does not always or necessarily translate into political bias, but the link
between political affiliation and content bias cannot be ignored in India. Political proximity of media especially
through direct ownership or financial dependence signifies presence of a risk to media pluralism

ETHICAL ISSUES IN OWNERSHIP OF MEDIA

1. Present issue fairly – factual and favoritismOwners often use “cultural differences” as an excuse for what Western
journalists would consider unethical coverage, Rao said. In India, for example, where religion is a polarizing, and
even a deadly dividing line, there is a tendency to exclude information “in the name of hurting people’s religious
sentiments. That is a consistent issue coming up in our discussions.Owners use that– ‘This is what we do in India.’–to
defend against any kind of criticism, against any kind of future engagement.

2. Present diverse perspectives (underrepresented)Diversity in media matters because it brings attention to an

otherwise underrepresented community and gives a voice to the otherwise voiceless. By failing to reflect the
diversified structures of societies and by fueling misrepresentations of “others”, media outlets feed the social distance
that already separates different groups. When a given minority or disadvantaged group is portrayed in the media in a
positive light, stereotypes can be dismantled, and this is especially important for younger generations who are more
directly exposed to this.

3. Flawed measurement of audience reach and readership: The instruments to measure the reach and impact of the
Indian media are dubious at best. A survey found that the leading English paper in Nagpur Hitvada didn’t appear to
have a single reader while it had a certified circulation of more than 60,000. Television ratings also fail to tell the real
picture. Ratings consultants are paid off by TV channels to tamper with the system and they do so in ingenious ways.
New TVs are gifted to homes in which the supposedly-secret meters are located and residents are told that they can
watch anything on it as long as they are tuned into certain channels on the TV connected to the meter.

4. Motivated by profit: Most newspaper owners have no background in media. These owners jumped in from private
sector. As such, profit rather than professionalism is their main motive.

5. Problem of Owner-EditorsThe owners who designate themselves as editors, completely obliterating any distinction
between the business and editorial interests of a publication, whether print, electronic or digital. There is no
separation between the media house and the individual.

6. Denied coverage and extortion The “rate cards” or “packages” are distributed that often include “rates” for
publication of “news” items that not merely praise particular candidates but also criticize their political opponents.
Candidates who do not go along with such “extortionist” practices on the part of media organizations are denied
coverage. In 2012 senior editors of the television channel Zee News were arrested for allegedly demanding Rs 100
crore from Jindal Power and Steel Ltd. In return for this pay-off they offered to dilute their network’s campaign
against the company in the coal scam.

7. Political/Government interference almost half of media advertising revenue in India comes from the government,
giving it potent leverage to affect news coverage.In order to please the people in power the media house publishes
positive reports and the ethical wrong. The pervasive practice in India of paid news that is politicians andothers
paying media for positive stories that appear during elections without any editorial disclaimer, such as paid
advertisement
8. Paid NewsThe non-governmental advertising revenue instead of keeping the Press free, actually becomes a tool in
the hands of the market leaders to restrict the market” and shapes “the structure of the media as well as its content.
The pervasive practice in India of paid news that is politicians and others paying media for positive stories that appear
during elections without any editorial disclaimer, such as paid advertisement

9. Commercially driven loyal to sponsors corporate influence in the media has grown as corporate investments in
media have gone up of late. Big business houses are investing in print, television and cable (distribution). So, in
effect, they directly control the media.

10.Absence of healthy market competition