Media Ethics & Laws PDF, IGNOU Course MJM-025

MJM-025 Media Ethics & Laws Indira Gandhi National Open University School of Journalism and New Media Studies Block 1 MEDIA ETHICS UNIT 1 Principles of Media Ethics 7 UNIT 2 News Media and Ethical Concerns 20 UNIT 3 Media Ethics and Self Regulation 32 UNIT 4 New Media and Ethical Issues 44 EXPERTS COMMITTEE Prof. B.P.Sanjay Prof. J.S. Yadav Prof. B.K. Kuthiala Former VC, CUTN; PVC, Former Director, IIMC Former VC, MLCRPV Univ. of Hyderabad, Hyderabad New Delhi Bhopal Prof. G. Ravindran Prof. Kiran Thakur Prof. Usha Raman Head, Department of Former Head, Deptt. of S. N. School of Arts & Communication, University of Communication & Journalism, Communication, University of Madras, Chennai Savitribai Phule Pune University Hyderabad, Hyderabad Mr. Shastri Ramachandran Prof. Iftekhar Ahmed Prof. Jaishri Jethwaney Editor and Columnist Director, MCRC, Jamia Milia Former Head, ADPR, IIMC, New Delhi Islamia, New Delhi New Delhi Prof. Usha Rani Ms Sevanti Ninan Ms Pamela Philipose Former Head, Deptt. of Comm.& Senior Journalist & Founder Senior Journalist and Author, Journalism, Mysore University Editor, The Hoot, New Delhi New Delhi Ms Mahalakshmi Jayaram Prof. Biswajit Das Prof. Gita Bamezai Senior Dy. Editor Director, CCMG, Jamia Milia Head Dept. of Comm. The Hindu, Chennai Islamia, New Delhi Research, IIMC New Delhi Dr. Vipul Mudgal Prof. Madhu Parhar Mr. K. Ravikanth Senior Journalist and Author, Director, STRIDE Director, EMPC New Delhi IGNOU IGNOU Prof. Subhash Dhuliya Prof. Shambhu Nath Singh, Dr. O. P. Dewal Former Director, SOJNMS, Former Director, SOJNMS, Associate Professor IGNOU IGNOU SOJNMS, IGNOU Dr. Kiron Bansal, Associate Dr. K.S. Arul Selvan, Associate Dr. Ramesh Yadav, Assistant Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU Dr. Shikha Rai, Assistant Dr. Amit Kumar, Assistant Ms. Padmini Jain, Assistant Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU PROGRAMME COORDINATORS: DR. KIRON BANSAL, MA(JMC) DR. SHIKHA RAI (PGJMC) COURSE COORDINATOR: DR. KIRON BANSAL BLOCK PREPARATION TEAM Unit1 Mr. Paranjoy Guha Thakurta Content Editor Senior Journalist and Author Prof. Santosh Kumar Tewari New Delhi Former Dean, School of Mass Unit 2 Prof. M.R. Dua, Former Professor Communication and Media Indian Institute of Mass Technologies, Central Communication, New Delhi University of Jharkhand Ranchi, Jharkhand Unit 3 Dr. Kiron Bansal, Associate Professor, SOJNMS, IGNOU Block Editor Unit 4 Ms. Aakanksha Sharma Assistant Dr. Kiron Bansal Professor Apeejay Stya University Associate Professor Sohna, Haryana SOJNMS, IGNOU PRODUCTION TEAM Mr. K.N. Mohanan Mr. Sumati Nair Asst. Registrar (Publication) Section Officer (Publication) MPDD, IGNOU, New Delhi MPDD, IGNOU, New Delhi January, 2020  Indira Gandhi National Open University, 2020 ISBN: All rights reserved. No part of this work may be reproduced in any form, by mimeograph or any other means, without permission in writing from the Indira Gandhi National Open University. Further information on the Indira Gandhi National Open University courses may be obtained from the University's office at Maidan Garhi, New Delhi. Printed and published on behalf of the Indira Gandhi National Open University, New Delhi by the Registrar, MPDD, IGNOU, New Delhi. Laser Typeset by Tessa Media & Computers, C-206, A.F.E.-II, Okhla, New Delhi. Printed at: COURSE INTRODUCTION: MEDIA ETHICS AND LAWS The Course MJM-025 Media Ethics and Laws, as the title suggests, deals with two important areas - ethics and laws, which every student of mass communication should be thoroughly familiar with. Spread over four blocks, the course explains that every aspect of media profession – Journalism, Advertising, and Public Relations operate within certain legal framework and involve some ethical conduct on the part of media professionals. Block 1 Media Ethics deals with the concept, principles and theories of media ethics and explains that social welfare is the raison d’etre of mass media. Unit 1 Principles of Media Ethics outlines the theories of ethics such as, Utilitarianism, Deontology and ethical relativism employed to determine media behaviour. It explains the authoritarian and libertarian models and outlines some breaches of ethics by media. Unit 2: News Media and Ethical Concerns examines the issues of conflict of interests, subjectivity, paid news, intrusion in privacy etc. Unit 3: Media Ethics and Self Regulation emphasises the need for developing ethical conduct by media professionals to meet the challenges in their day-to day work. Unit 4: New Media and Ethical Issues makes you aware about your rights and responsibilities as a new media user and emphasises the need for social media policies. Block 2 Media Laws exposes you to some important constitutional and regulatory frameworks. Unit 5: Indian Constitution outlines the philosophy, salient features and basic tenets of the Constitution of India to enable you to discharge your duties effectively. Unit 6: Media Laws and Constitutional Framework discusses the concept of freedom of speech and expression, laws of libel and defamation, Official Secrets Act, 1923, and Contempt of Legislatures and the relevance of these laws. Unit 7: Media Laws and Regulatory Framework looks at the objectives and functions of the Press Council of India and exposes you to the concept of Ombudsman and Indian Penal code and Criminal Procedure code. Unit 8: Initiatives in Media Laws deals with Contempt of Court Act and various codes for television. Block 3: Laws on Information discusses the need and role of the Intellectual Property Rights Copyright law, Cyber Law and Right to Information and their significance in an era of rapid technological advancement. Unit 9 Intellectual Property Rights explains the concept, scope and legislations of IPR and stresses the need for protecting the major components of IPR. Unit 10: Copyright Law describes the registration, assignment, licencing and infringement of copyright and outlines the remedies against its infringement. Unit 11 Cyber Law provides an overview of the concept of cyber space, cyber crimes and Information Technology Act, 2000 and other emergent issues. Unit 12 Right to Information explains various aspects of the RTI Act and how the Act has been used for seeking information for public good. Block 4 Advertising & PR Ethics and Laws stresses the need for media ethics and laws for advertising and Public Relations professionals. Unit 13: Advertising Ethics & Laws outlines various laws, codes and bodies governing advertising ethics in India. Unit 14: PR Ethics & Laws explains the need and importance of ethics in business and corporate functioning. It describes some professional codes of ethics and laws, concerning the profession of PR. The last unit of this course, Unit 15: Case Studies provides insights how honesty of purpose and intent on the part of an organisation helps in handling a crisis. Thus this Block gives you an overview of various aspects of media laws and ethics which govern mass media and equips you with adequate knowledge on the subject. We hope that after completing this course, you will be able to: discuss the concepts and principles of media ethics; describe the media laws and constitutional and regulatory frameworks; explain the laws on information including IPR, copyright, cyber law and RTI; analyse the importance of ethics and laws in advertising and PR; and apply media ethics and laws in your work. 4 BLOCK INTRODUCTION: MEDIA ETHICS This is the first block of the Course MJM-025: Media Ethics and Laws. There are four units in this block which deal with the concepts and principles of media ethics that are necessary for your understanding of this very important subject. Unit 1: Principles of Media Ethics provides a brief introduction of media ethics and gives you an overview of the ethical theories and links them with the present media context. The unit aims to prepare you for a more detailed exposition of the issues relating to truth, fairness, objectivity and sensitivity in reporting, apart from other relevant issues with the help of select examples. Unit 2: News Media and Ethical Concerns describes the major ethical concerns such as conflict of interests, business pressures, subjectivity in reporting, news source confidentiality and paid news plaguing the media world today. It outlines some steps that can be adopted for addressing these ethical concerns. Unit 3: Media Ethics and Self-regulation explains that media ethics and self regulation are interlinked and if certain ethical principles and norms are followed, it will lead to self regulation. The unit describes the universal tenets of journalism and outlines some emergent areas such as diversity and sensitivity, advocacy, digital media ethics and citizen journalism among others, for a detailed understanding of the subject. Unit 4: New Media and Ethical Issues deals with our personal as well as public conduct in the online space. It explains how new media needs to be used with care without breaching any law or violating the online rights of other users. We hope that after studying this Block you will develop a proper understanding of the term ‘ethics’ and appreciate how adherence to ethics is crucial for media professionals as well as media organisations in the present context. 5 6 UNIT 1 PRINCIPLES OF MEDIA ETHICS Structure 1.0 Introduction 1.1 Learning Outcomes 1.2 Ethics: Concept and Theories 1.2.1 Consequentialism 1.2.2 Deontology 1.3 Why Media Ethics? 1.3.1 Media in the Complex Social Milieu 1.3.2 Media as Social Auditor 1.4 Media Form and Its Freedom 1.4.1 Authoritarian Model 1.4.2 Libertarian Model 1.4.3 Self-Regulation 1.5 Media and Market Pressures 1.6 Media Ethics in India: Some Breaches 1.7 Let Us Sum Up 1.8 Further Readings 1.9 Check Your Progress: Possible Answers 1.0 INTRODUCTION This unit is designed to give you an overview of the ethical theories of relevance to media followed by a brief history of media ethics in different parts of the world. Thereafter, the ongoing debate on a code of conduct for television broadcasters in India is outlined. The cases discussed in this unit provide an insight into some of the contemporary discussions and debates on different facets of media ethics, the objective being to prepare you for a more detailed exposition of issues relating to truth, fairness and objectivity. This unit further seeks to condition you to appreciate concerns relating to sensitivity in reporting and the invasion of privacy, and provides a curtain-raiser to issues relating to the conflict between commercial considerations and public interest. 1.1 LEARNING OUTCOMES After going through this unit, you should be able to: define media ethics and discuss theories of ethics; take a historical overview of evolution of media ethics; discuss the need for ethical conduct for media persons; appreciate the hardships and the opposition journalists face while doing their duty; analyse the impact of market forces over the media; and appreciate issues related to self-regulation of the media. 7 Activity - 1 Before you start going through this unit, try to explore the basic level of awareness of those in your locality regarding the media and its conduct. Ask the following questions to 10-15 people in your locality and note down their responses. Tabulate the data obtained and analyse the responses. Do you think that media plays an important role in society? Yes No Can’t say Do you think that the conduct of the Indian media is by and large ethical? Yes No Can’t say Do you think the government should regulate the media? Yes No Can’t say 1.2 ETHICS: CONCEPT AND THEORIES The word ‘ethics’ originates from the Greek word ethos which means ‘character’. The subject of ethics has been discussed and debated by people the world over, particularly by philosophers, for centuries. It is said that some 2500 years ago, Greek philosophers had divided their work into three broad segments: aesthetics or the study of beauty; epistemology or the study of knowledge; and ethics or the study of choices between good and evil, truth and falsehood, virtue and vice. Ethics is a subject that seeks to use rational and systematic principles, values and norms to determine what is good or bad, correct or incorrect, right or wrong, as far as human actions are concerned. Though used interchangeably on occasions, ethics is different from morality as the latter pertains more to conventions and customs that determine or govern behaviour and relatively less to whether the action being judged is good or bad. The first proponent of utilitarianism as an ethical principle was Jeremy Bentham (1748–1832), the British jurist, philosopher, social reformer and political radical. He noted that ‘nature has placed mankind under the governance of two sovereign masters, pain and pleasure’. Another English philosopher and political economist John Stuart Mill (1806–73), whose book Utilitarianism was published in 1863, argued that ethical actions are those that generate the ‘greatest good for the greatest number of people’. In this sense, utilitarianism directly refuted the views espoused by Italian political philosopher Niccolo Machiavelli (1469–1527) who, in his treatise The Prince, argued that ‘the ends justify the means’. There are two main ethical theories which are frequently employed to determine media behaviour: consequentialism and deontology. 1.2.1 Consequentialism The Consequentialism theory holds that the ethical value of an action should be judged on its consequences. Actions themselves lack interest value, but can be appraised by virtue of their consequences. Consequentialist theories focus only on the outcome of an action, without regard for the means, that is, how the consequences came about. Therefore, all actions should be thoroughly considered in terms of their possible outcomes, before being executed. The outcomes of an action can be evaluated from two perspectives: ethical egoism and ethical altruism. 8 Ethical egoism holds that actions whose consequences will benefit the agent of the action can be considered ethical. This perspctive does not present a cohesive social model as such actions might harm others. Ethical altruism on the other hand holds that actions that benefit others can be considered good. One of the most popular consequentialist theories Utilitarianism, is based on ethical altruism perspective, which is designated to create the greatest good for the greatest number of people, is a direct inference of consequentialism. The utilitarian approach is applicable to the media as it considers the well being of the society at large and is thus commensurate with the socio-centrism of journalism. Utilitarianism Utilitarianism as already stated, considers ethical which is designed to create the greatest good for the greatest number. Mill who formalised the ideas of Bentham argued that an action should have positive consequences for as many people as possible. Mahatma Gandhi’s concept of Sarvodaya, the welfare of all, resembles the utilitarian theory. However, Gandhi was keen to stress that Sarvodaya was not utilitarian because he felt that the utilitarian objective of satisfying as many as possible was not sufficiently an ethical model, as why should the well being of the minority be of any less value than that of the majority? Why should the welfare of certain people be sacrificed? Thus there are many arguments against consequentialism and the utilitarian theories of ethics. 1.2.2 Deontology Deontology focuses on a person’s duty as a means to determine appropriate action. Immanuel Kant, the most famous deontologist, felt that it was the intention behind an action that rendered it ethical or unethical. He argued that the only right intention was the intention to act out of duty. This duty is that which can be said to be good in all situations. He believed that ‘goodwill’ was the only virtue that was good without qualification. Actions done out of goodwill are done out of respect for moral law and out of duty. This is a very pertinent concept for the media as it is the media’s duty to serve the public by providing information which is impartial and which promotes knowledge and reason. Journalists have many duties, however, there is no guarantee that these will always be concordant. For an honest and sincere journalist, the duty to serve the public, the duty to protect sources and the duty of loyalty towards the employer can at sometimes be in moral and ethical juxtaposition to each other. There are no easy answers to such dilemmas. It is therefore important to be familiar with all aspects of these ethical systems to determine the most appropriate course of action. It is thus vitally important for a journalist to be aware of the implications of a report before publishing or broadcasting it. Check Your Progress: 1 Note: 1) Use the space below for your answers 2) Compare your answers with those given at the end of the Unit. Explain the following concepts in brief: 1) Utilitarianism............................................................................................................................................................................................................................................ 9 2) Deontology.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1.3 WHY MEDIA ETHICS? Social welfare is the raison d’être of the media. Various media of mass communications - print, radio, television, cinema and the Internet - reach out to large numbers of people, often from different sections of society and from across diverse societies. The function of the mass media — sourcing, reporting and dissemination of information is aimed at the public. The media revolves around society; it is people who provide news and it is people to whom the news is reported, hence the need for media ethics. 1.3.1 Media in the Complex Social Milieu Individuals are complex, societies even more so, especially societies like India, that are highly heterogeneous, plural, variegated and even deeply divided. Journalists are faced with social nuances at every turn and have to come to terms with these complexities. In sourcing information while presenting news, journalists have to report on gender crimes; exploitation of the underprivileged; indulgence of the affluent; arrogance of those in positions of power and authority; natural calamities and man-made accidents; communal tensions and riots; conflicts and wars and acts of terrorism. While reporting news, explaining facts, analysing information and placing these in their historical, social, economic and political contexts, journalists have to be aware of their audience and accordingly use the language and tone considered appropriate, proper and relevant. Media serves society by disseminating accurate information which is essential to facilitate reasoned and ethical behaviour. Knowledge is an invaluable social commodity and that is reflected in legal provisions such as the right to information, freedom of expression, speech and debate — all of which lead to the freedom of the media. Reason, which is facilitated by information and knowledge, has often been recognised by philosophers, such as Immanuel Kant, as the best means for determining ethical action. Ethics is such an important area of concern because it views humans as being inextricable from society and that social interaction should be governed by mutual consideration and respect. Journalism is concerned with promoting ethically based decision-making and behaviour. 1.3.2 Media as Social Auditor An independent media, in its role as an auditor, has often been described as society’s watchdog. Unerring, loyal, vigilant, unforgiving and ready for corrective action — these are supposed to be the qualities of a watchdog. Society needs its watchdog but journalists, as mere mortals, are sometimes prone to doubt and 10 misguided action. At times, however, the media has let society down, and as a result has been subjected to scrutiny and fierce criticism. Several questions related to ethics arise in journalism. A few of them are as follows: 1) What happens when a journalist sets her or his sights on destroying the reputation, career, and dignity of an innocent woman or man? 2) What happens when the media, voluble and bullying like a mob, levels unsubstantiated and false accusations against an individual or an organisation? 3) What is the way to ensure that journalists act in a sensitive and responsible manner when reporting on the grief-stricken? 4) When do journalists trade their conscience and humanity for a sensational story? Due to such factors, need for an effective institution arises in the society to keep a watch on the wrorng doings of media. 1.4 MEDIA FORM AND ITS FREEDOM Mass media has come a long way since Johannes Guttenberg invented the printing press in Germany in 1456. At present, the media comprises a huge, diverse and variegated conglomerate of enterprises that exercise considerable influence on not just the way people talk and dress but also the way they think. The origin of the word ‘journalism’ is in the Latin word diurnalis meaning daily and signifying the current and timely reporting of events. But journalism has, over the centuries, been transformed into a far more complex series of endeavours, especially in a day and age when news is read and watched 24 hours, seven days a week. 1.4.1 Authoritarian Model Historically, media has enjoyed various degrees or levels of freedom. In the years when print was the dominant medium of mass communication, the press was stringently monitored and regulated by governments. The unparalleled and unprecedented power of the press to reach and influence people was promptly recognised by governments and by those in authority. Therefore, governments wanted to utilise and harness the power of communication that the press enjoyed and this they did by enacting strict licensing laws for publications. Governments and authorities sought to control the press to ensure that they did not publish anything that would be considered vaguely derogatory to those in power, even if such information was based on empirical evidence. This was known as Authoritarian model in which government excercised control over the press. 1.4.2 Libertarian Model Unlike the authoritarian model of controlling the media, the libertarian model believed that an independent media was an extension of a fundamental human right, the right to free expression. Libertarianism represented the beginnings of a free press, one that operated independent of state control and which emphasised the capacity of the citizenry to make informed and responsible decisions. The libertarian model was influenced by the thinking of the John Milton (1608–74) who wrote a pamphlet in England in 1644 titled Areopagitica. In fact it was his speech to the parliament for unlicensensed printing of books. He stressed the importance of free speech as a means to create open, public debates through 11 which, he believed, the truth would inevitably come out. This libertarian model prevailed throughout the 18th and the 19th centuries and it radically changed the function of the press, which attempted to free itself from the shackles of government censorship. Later trends of psychoanalysis presented some challenges to the libertarian model. Where reason had previously been lauded as a sovereign principle of human behaviour, psychoanalysts pointed out that not all human behaviour was rational. Egalitarianism developed out of the libertarian model in response to the significant transformation of the media in the 20th century. As a philosophical line of thought, it focused on social equality and responsibility and two main ethical theories consequentialism and deontology earlier discussed. 1.4.3 Self-Regulation Many countries have regulatory bodies and laws to govern the behaviour of media. However, rules and regulations have their limitations. Not all situations are alike and, frequently, occasions arise that require at least a careful interpretation of existing regulations to determine the best course of action. Moreover, regulations and laws, for this very reason, are not exhaustive. Specific circumstances often demand unique considerations. Self-regulation is considered the best means to guarantee appropriate behaviour, for two major reasons. First, self-regulation ensures that the media can continue to operate independently. An independent media is essential for a thriving democratic society and therefore self-regulation would be in the interest of the media as well as the state. Second, self-regulation is a voluntary act that is not imposed externally and hence, carries more credibility in the eyes of the public. Any state-sponsored regulation, even if brought with the best of intentions, can be deemed authoritarian, or even draconian, and be opposed by the media, interest groups and the public in general. Self-regulation applies not only to media groups and organisations but also to individual journalists. It is, therefore, of fundamental importance that media practitioners nurture a strong ethical value system throughout their careers. You will read more about self regulation in Unit 3 of this Block. A free media is often described as the cornerstone of democracy: historically, the press used to be accountable to the powers-that-be, but today those in government and politics have perhaps to be equally accountable to the media. Recently, there has been a spurt in instances of violent attacks against journalists, writers and media organisations in different parts of India. In addition it has often been criticised and viciously attacked by some politicians, bureaucrats and police personnel. Former Prime Minister Rajiv Gandhi had tried to introduce a Defamation Bill in 1988 which was withdrawn after vehement opposition from journalists. Earlier, during the Emergency period in 1975–77, the Union government, headed by Indira Gandhi, had imposed censorship on the press — a decision that was later publicly regretted by the then Information and Broadcasting Minister Vidya Charan Shukla. Many supporters and well-wishers of the former prime minister too felt that this specific move contributed considerably to the electoral defeat of her party in March 1977. On occasions, journalists believe they have been unfairly attacked. In 1999, during the Kargil war, a reporter of the news group New Delhi Television (NDTV) was 12 accused of endangering the lives of Indian soldiers by using a satellite phone, an allegation she vehemently denied. These allegations resurfaced in a different form in December 2008 when the then Indian Navy chief accused a woman television reporter of behaving in an unethical manner that led to the death of three Indian soldiers, a charge that was denied by the reporter in question. Earlier, in 1989, a television journalist was accused of concocting interviews with criminals who were supposed to have rigged elections in Bihar — a charge she too denies. Twenty-four hour television channels came under criticism for the manner in which the November 2008 terrorist attacks in Mumbai were reported. Various sections, including the Indian government, argued that the media acted in a less- than responsible manner and violated ethical norms while covering the incidents of 26–28 November 2008 thereby re-igniting the debate on regulation of television broadcasts. Thus it is argued that over a period of time the ‘somewhat special status that the media enjoyed as the fourth pillar of democracy has been considerably diluted’. As a result public perception of media has altered and journalists are no longer seen as belonging to a profession with an element of public service in it. The ‘ignorant reporting and comments’ have taken their toll and it is now up to the media to introspect its present role and decide for its future. Check Your Progress: 2 Note: 1) Use the space below for your answers 2) Compare your answers with those given at the end of the Unit. Explain the following models in brief: 1) Authoritarian model.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2) Libertarian model.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 13 1.5 MEDIA AND MARKET PRESSURES The media, collectively, gets a bad name when journalists lose the trust of the public at large. Globally, and in India, concerns are frequently expressed that given market pressures to maximise profit, the media is not really as free and independent as it purports to be. Business imperatives of increasing revenue have taken (and continue to take) their toll on editorial freedom and journalistic excellence: the demands of advertisers and the drive to increase circulation figures. At worst, the media is entirely controlled, albeit indirectly, by market pressures and, therefore, the imperative of public service has fallen by the wayside and neo-authoritarianism is the media model of the moment. At best, the media risks compromising its role as society’s watchdog, becoming instead a mouthpiece serving the interest of advertisers and owners of media organisations. Mahatma Gandhi had warned: ‘… just as an unchained torrent of water submerges the whole countryside and devastates crops, even so an uncontrolled pen serves but to destroy….’ Former British Prime Minister Tony Blair did not cloak the expression of his disillusionment when he famously called the media ‘a feral beast’. The comparison to an unruly pack of hungry animals was part of a speech delivered by Blair in June 2007 to highlight the problems of the media in today’s world of ‘impact’ journalism. According to him, the state of the media — in particular its relationship with politics — has reached a point where corrective redress is warranted. In April 2008, the Russian Parliament urgently passed the first reading of a special law that would empower courts to shut down media houses that published stories considered libellous and/or unsubstantiated. The move came in the wake of a tabloid story alleging that President Vladimir Putin was going to divorce his wife of twenty-five years to marry a young gymnast in her twenties. The story was picked up by media all over the world and widely publicised before it was denied by the publication, Moskovsky Korrespondent, itself whose owner then announced that the tabloid would be suspending publication due to financial problems. An embarrassed Putin blamed journalists who, ‘with their snotty noses and erotic fantasies, prowl into others’ lives’. Russia’s lawmakers voted to give courts powers to close a news outlet that ‘disseminates deliberately false information damaging individual honour and dignity’ of public personalities. Instead of providing information that, on occasions, not merely entertains but educates and empowers as well, media products and services have become merely vehicles to bring advertisers closer to consumers. As for the integrity of journalists, the phenomenon of ‘embedded’ reporters, who travelled with American troops and stayed with them while reporting on the war in Iraq in March 2003, has raised a host of questions about the ‘independence’ of such reporting. In India, certain journalists have argued that by reflecting the class interests and biases of proprietors and managers of media organisations, the media has ended up becoming one of the most exclusionist institutions in Indian society. 1.6 MEDIA ETHICS IN INDIA: SOME BREACHES Media watchers argue that instead of improving the quality of programming, 14 competition has resulted in a ‘race to the bottom’, a race in which television news channels have conveniently forgotten basic ethical norms and principles of journalism, principles of fairness, truthfulness and objectivity. There have been a number of instances of Indian television channels abusing the tremendous power enjoyed by the mass media by deploying questionable methods and tactics to gain popularity. Some such instances are discussed below: The Gudiya Episode One such instance relates to a young Muslim woman named Gudiya who belonged to a poor family from Meerut district in Uttar Pradesh. Her first husband, Arif, served in the Indian army and had been sent to fight in the Kargil war soon after they were married. As his family did not hear from him for five years, it was presumed that he had either been killed or was serving time as a prisoner of war in Pakistan. Gudiya then married a distant relative, Taufeeq. When she was eight months pregnant with Taufeeq’s child, Arif suddenly turned up after he was released from a Pakistani prison. He wanted to return to Gudiya and was willing to accept her unborn child as his own though he was not the child’s biological father. For weeks, television channels broadcast discussions and debates on Gudiya’s story. Eventually, Gudiya succumbed to the pressures of various so- called experts whose views were aired on television and decided to ‘remarry’ her first husband. Her first child was born and she started living with Arif. She soon became pregnant for a second time, but this time her child was stillborn. She fell seriously ill, was hospitalised and then died of septicaemia on New Year’s day 2006. By then, the media had almost forgotten her. Self-immolation by Gopal Krishan Kashyap Gopal Krishan Kashyap, a hawker who used to ply his wares on a handcart in Patiala, Punjab, set himself on fire near the city’s bus terminal. The incident was witnessed by around 200 people, including policemen, and some 20 television channels filmed the act of self-immolation. The channels broadcast the gory incident that evening. Before committing suicide, Kashyap accused the mayor of the local municipal corporation and an adviser to the state chief minister of reneging on their promise to allot sheds to hawkers in the local marketplace. Kashyap had even written letters to the prime minister regarding the issue. Nobody attempted to prevent Kashyap from killing himself. After he died, the cause for which he committed suicide was ignored by the media. The Case of a School Teacher In 2007, a Delhi school teacher was duped by a television journalist who conducted a sting operation on her using a hidden camera and claimed that she was luring her students into commercial sex work. The episode highlighted the excesses committed by a small section of the mass media. The incident resulted in the teacher having to spend time behind bars after she was sacked from her job. She was publicly humiliated by an irate mob. The journalist was subsequently arrested. It transpired that he had made an unsuccessful attempt to have the story broadcast by a different television channel where he used to work as an intern. Thereafter, he pilfered the tape and moved to a new television channel that aired the story without verifying the tapes. Media’s love for borewells In what could be categorised as an example of media’s role in ‘making news’ rather than ‘reporting news’, in the wake of the onslaught of 24×7 news-channels, 15 the case of Prince, the five-year-old boy who accidentally fell into an open borewell while playing with his friends on 23 July 2006 can be cited. Television channels beamed the live coverage of the excruciating recovery exercise that was carried out by the army in order to recover the child and earned huge TRPs in the process as the nation sat glued to the television. Though lots of similar incidents have followed the Prince incident, in which cameras have jostled with one another to grab eyeballs, none have managed to earn as many TRPs as the Prince episode. However, the issue nonetheless highlights the penchant of media to portray episodes as ones that seemingly carry national importance. The Aarushi–Hemraj murder case When 14-year-old Aarushi Talwar and her family’s domestic help Hemraj were murdered on 15 May 2008 in a house in Noida, near New Delhi, the manner in which it was covered by the Indian media sparked off another debate on how television channels and newspapers sensationalised crime stories to attract viewers and readers. The media coverage of the murders gained momentum after senior police officials’ speculative suggestions and that the murdered girl might have had an ‘objectionable’ relationship with Hemraj. Even as the police officials who made these suggestions were transferred from their positions and criminal investigations handed over to the Central Bureau of Investigation (CBI), some television channels and newspapers gave the story unprecedented coverage, much of it speculative and based on unsubstantiated rumours. Kathua Rape Case In January 2018, an 8 year old tribal girl belonging to nomad Bakarwal community was brutally raped and killed in Rasana village of Kathua district in Jammu and Kashmir. The girl was held in captivity for a week, drugged, gang-raped and then killed. Even though the crime occurred in January, media coverage of the incident outside of the valley started in April only. The communal and political overtones led to the case gaining widespread traction in mainstream media. Several media houses revealed the identity and pictures of the victim and did not handle the case with required tact and sensitivity. In April 2018, the Delhi High court issued suo motu notices to these media houses for revealing the identity of the victim. When the case was under trial, several details of evidence were released by the media and even fake stories started appearing on mainstream as well as online channels. One newspaper reported that the Kathua girl was not even raped and that there were two post mortem reports. Another published the whole incident revealing the identity of the victim in its ‘fake stories’ section and claimed that the whole case was fabricated. The Delhi High court issued a fine of 10 lakhs on twelve media houses for disclosing the name and other details of the rape victim and using her photograph. The Kathua case was heard in-camera in court, media was banned from the courtroom. Later media houses blanked out all the details of the victim in their online editions which were already published. The case is yet another example of media running parallel trials in sub-judice matters and influencing the course of justice. Above cases were followed by some other instances in which news was either manufactured, trivialised or sensationalised, using questionable means. 16 Activity – 2 You would have come across several news reports in newspapers and magazines, on TV and on the Internet, which in your opinion would have ‘crossed-the line’ and can be considered as unethical. Take newspaper cuttings or printouts of reports from the Internet of three such news items and discuss them with people in your locality. What do they think? Note down their observations and compare them to your own analysis. Check Your Progress: 3 Note: 1) Use the space below for your answers 2) Compare your answers with those given at the end of the Unit. 1) What is neo-authoritarianism?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2) What is embedded journalism?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1.7 LET US SUM UP The media has always been important to the society at large, for it plays two extremely vital roles: that of a messenger and that of an opinion maker. In contemporary times, the development of multiple channels of delivery such as radio, television and the Internet, has exponentially increased the reach of the mass media and the speed with which news is reported. The vehicles of mass media, the world over, have their eyes and ears open to alert the world about an impending disaster before it strikes. The sheer volume and reach of the mass media has meant that individuals and organisations in positions of power, influence and have authority to function under the constant, scrutinising glare of the media. It is in this capacity that the media has extended its role to that of intervening in the social process. On the other hand, it is precisely because the media has such a wide reach and impact, that the state often tries to control it either through its legislative power or otherwise. Also, often, journalists are at the receiving end as they attract the wrath of either the administration or politically powerful elements 17 in society. Media, driven as it is by market forces, has to tread on a fine line while performing its duty in an increasingly complex social milieu. Some of the issues raised in this unit will be further elaborated in the subsequent units of this Block. 1.8 FURTHER READINGS Thakurta, P.G. (2012), Media Ethics: Truth, Fairness and Objectivity: Making and Breaking News, Oxford University Press, New Delhi, India Chomsky, N and Edward S. H (2002), Manufacturing Consent: The Political Economy of the Mass Media, Pantheon Books, New York, US Retief, J (2002), Media Ethics: An Introduction to Responsible Journalism, Oxford University Press, Cape Town, South Africa Rodman, G (2001), Making Sense of Media, Allyn & Bacon, Boston, U.S 1.9 CHECK YOUR PROGRESS: POSSIBLE ANSWERS Check Your Progress: 1 1) Utilitarianism is a consequentialist theory that is based on the perspective of ethical altruism. This approach considers those deeds ethical, which create the greatest good for the greatest number of people. The utilitarian approach is applicable to the media as it considers the well being of the society at large and acts as its watchdog. 2) Deontology focuses on the intention behind any act and this intention renders any action as ethical or unethical. Kant, a proponent of deontology, argued that the only right intention was the intention to act out of respect for moral law and out of duty. This is an important concept for media which aims to serve the citizens by providing objective and unbiased information. Check Your Progress: 2 1) Authoritarian model propounded that all forms of communications were under the control of the government or the ruling class. This model of media control was developed for the print media, when government authorities tried to curb its power to ensure that the print media did not publish anything that showed them in a negative light. 2) Libertarian model stems from the fundamental rights of freedom of speech and expression. This model believed in an independent media and represented the beginnings of a free press, which was free of governmental control and censorship. Check Your Progress: 3 1) Neo-Authoritarian model of media is an offshoot of the authoritarian media system in which pluralism is allowed, but only to a limited extent. Political and electoral issues, information important for national security and other news that may be vital for the ruling authorities are allowed only limited freedom. Even though there are privately owned media, measures like, 18 subsidies, targeted tax advantages, government advertising, etc. are used to control them. 2) Embedded Journalism is the practice of placing news reporters with military units, so that they may report directly from the fields of conflict and war. Such reporters who are placed with defence units are referred to as ‘embedded reporters’. The practice of embedded journalism began during the Gulf War which raised questions about independence of such reporting. 19 UNIT 2 NEWS MEDIA AND ETHICAL CONCERNS Structure 2.0 Introduction 2.1 Learning Outcomes 2.2 What are News Media’s Ethical Concerns? 2.3 Causes of Ethical Concerns 2.4 Universal Ethical Concerns 2.5 Ethical Issues 2.5.1 Conflict of Interests 2.5.2 Bias and subjectivity 2.5.3 News-source confidentiality 2.5.4 Sting operations 2.5.5 Paid News 2.5.6 Intrusion into Privacy 2.5.7 PR Press Releases Masquerading as News 2.6 How to Address Ethical Concerns 2.7 Let Us Sum Up 2.8 Further Readings 2.9 Check Your Progress: Possible Answers 2.0 INTRODUCTION In the previous unit of this block, you were acquainted with the concept of the term ‘ethics’ and it was explained why it is vital for all of us to adhere to ethics. In this unit, we shall take the discussion forward and deal with some ethical concerns that our nation’s mass media in general, and the news media in particular, should be essentially sensitive to. There are numerous deep-seated ethical concerns in the news media contents that are being thrown up day in and day out. This unit will provide you with some professional inputs and guidelines about news media’s role in reflecting these values and our national aspirations. 2.1 LEARNING OUTCOMES After reading this unit, you should be able to: define ethical concerns; discuss the reasons of these ethical concerns; outline steps to address these ethical concerns; and develop ethics in your professional career. 2.2 WHAT ARE NEWS MEDIA’S ETHICAL CONCERNS? In the previous unit, ethics were defined as “that branch of philosophy dealing 20 with values relating to human conduct with respect to rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such action.” By dictionary definitions both ethics and morality are concerned with conduct that is right is wrong according to accepted standards or principles. Now, let us understand the meaning of ‘ethical concerns’ in news media’s operations. According to the 1996 edition of the Webster’s New Universal Unabridged Dictionary the word ‘ethical’ means: “pertaining to, or dealing with morals or the principles of morality; pertaining to right and wrong in conduct; secondly, being in accordance with rules or standards for right conduct or practice, particularly the standards of a profession that should be: good moral, upright, honest, righteous, virtuous.” According to Roget’s 21st Century Thesaurus in dictionary form,1999 the word ‘ethical’ stands for being “clean, conscientious, correct, decent, elevated, equitable, fair, good, high-principled, honest, honourable, humane, just, kosher, moralistic, noble, straight, respectable, right, right-minded, square, true blue, upright, upstanding, virtuous.” The online dictionary.com states the meaning of ‘ethical’ as: “pertaining to or dealing with morals or the principles of morality; pertaining to right and wrong in conduct; or, according to standards for right conduct or practice, especially the profession.” Now let us look at the word ‘concern,’ according to Webster’s it means: “to relate to; be connected with; be of interest or importance to; to affect; to interest or engage; anything that relates or pertains to a person; business; affair; matter that engages a person’s attention, interest, or care or that affects a person’s welfare or happiness; important matter having bearing on.” Therefore, if we put these two words together, ‘ethical concerns’ would mean anything that calls into question the ethics of a person or organisation. However, it also needs to be stated that the concept of right or wrong varies with time, place and situation. They evolve over a period of time and cannot be applied uniformly as they are relative concepts. Behaviour that is considered unethical by one society or a generation may be quite acceptable to another. Nonetheless, ethical conduct remains of significance to the society. Any event or story that is not completely truthful or has been obtained through wrongful means or not ‘according to standards for right conduct’ of media is of ethical concern. If any news medium focuses negatively or adversely on a specific aspect of a news story, without any valid, verifiable, or justified reason on a person, an organisation/institution, business firm, to deliberately hurt their image; that would be deemed unethical. Thus, as a media professional you should make correct choices in your conduct and decision- making in day-to-day practice, so that you can discharge your duties without fear or favour, and with a clear conscience. 2.3 CAUSES OF ETHICAL CONCERNS In recent times, the delivery of news has become almost instantaneous - thanks to the worldwide web, 24x7 global internet services, smartphones, texting, etc. In 21 order to meet the audiences’ needs, expectations and demands for news, and still more news, reporters and news correspondents are constantly expected to meet the taxing standards and requirements that are set by news media organisations. To effectuate the rising scales and standards of speed, accuracy and fairness, the news media are quite frequently faced with several tough situations and requirements. Moreover, to make sure that what the news media present to the audience is objective, truthful, verifiable, just, impartial, most important, and latest to the fraction of a second; is extremely challenging during normal circumstances for anybody. These could be even more stern and critical in emergent circumstances. The reporters have to rise to the demands of any occasion and race against time to meet the unearthly deadlines and cope with limited feedback from news sources. For example, an untimely fire or murder mishap will invariably put the news media persons on their toes. Besides, with a view to making a report accurate and comprehensive to the last detail, collecting and packing all the facts, writing the piece as objectively as possible and, turning it in time for publication or broadcast turns out to be very often an exacting challenge and, these have to be met by media news reporters daily to meet audiences’ expectations from them. While the news media always stretch every nerve to be up-to-date, truthful and objective in reporting a news event; but extraordinary haste, jet speed-developing events, shortage of time, and lack of fuller details may make the story wanting in many ways, such as a detailed description of circumstances leading to the occurrence of the event, etc. Given the arduous environment in which the news persons perform their task, though difficult, certain vital points can get left out due to heavy scramble for resources, late news-fall, and shortage of newspaper space or lack of radio or television time. To handle such tight rope situations, many times reporters make do with whatever information is easily available or accessible to transmit their dispatches in time. Obviously, mistakes do take place; inaccuracies are bound to creep in, most often unintentionally, and sometimes, even deliberately. Racing against the clock, or due to lack of resources at their disposal, a reporter may not visit the news spot, which can create visible (objectionable) loopholes in the story and may lead to people’s distrust of the news media’s adequate care for the audiences’ ethical concerns or the core values of the media outlet’s intentions and integrity. Check Your Progress: 1 Note: 1) Use the space below for your answers 2) Compare your answers with those given at the end of the Unit. 1) What does the term ‘ethical’ mean?.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 22 2) How has 24 hour media affected the standards of news?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2.4 UNIVERSAL ETHICAL CONCERNS News media establishments have globally accepted ethical principles and standards. Stephen Ward of the University of Wisconsin, Center for Media Ethics opines, “global media ethics aims at developing a comprehensive set of principles and standards for practice of journalism in an age of global news media”. He states that since “news reports via satellite or internet reach people around the world, and influence the actions of governments, militaries humanitarian agencies and warring ethnic groups, a responsible media ethics is needed in a world where news media bring together a plurality of different religions, traditions and ethnic groups.” Prof. Ward further argues that global journalism ethics can be seen as an extension of journalism ethics - to regard journalism’s ‘public’ as the citizens of the world, and to interpret the ethical principles of objectivity, balance, and independence in an international manner. Journalism ethics become more ‘cosmopolitan’ in tone and perspective. According to him, the components for global media ethics should be: “1) global re-interpretation of the ethical role and aims of journalism; 2) global re-interpretation of existing journalism principles and standards – objectivity, balance and independence; 3) construction of new norms and ‘best practice’ as guides for the practice of global journalism”. In addition, it should be remembered that today’s news media persons will gain greater insights in the audiences’ extending ethical concerns by pursuing the following new leads of the profession: by conducting research studies in news media’s new innovation in reporting new and emerging global regions, studying the impact of globalisation of news media — ownership, technology, practice; coverage of global issues; their local and international approaches to news reporting, news analysis, photojournalism, etc. To adequately perceive such issues at length, it would be immensely profitable to access some of the internationally recognised news media organisations’ news outlets; such as The Wall Street Journal, The Times, London, Fox television network; The New York Times and its affiliates, The International Herald Tribune; to name a few. News media persons should also try to emulate global reporting practices and standards; redefine coverage of international events; watch globally accepted journalists’ code of ethics; global initiative to defend and enhance free and responsible news media. It is considered imperative that global media ethics should act as global agent; serve the citizens of the world; and promote non-parochial understandings. 23 Check Your Progress: 2 Note: 1) Use the space below for your answers 2) Compare your answers with those given at the end of the Unit. 1) What are global journalism ethics?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2) How can news media professionals address the ethical concerns of global audiences?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2.5 ETHICAL ISSUES As discussed earlier, news media is faced with various kinds of ethical concerns which may vary in terms of time, place, person and organisation. However, some major issues afflicting news media are discussed in this section. 2.5.1 Conflict of Interests Conflict of interest occurs when a media person’s obligations or interests clash with his/her duty as a journalist. This practice can take on many forms, let us look at some of them. Many media organisations in India have stakes in other business interests and this interferes with their ability to report objectively on topics that could be detrimental to the said businesses. In such cases, media owners try to tell the stories in a manner that is beneficial to them. They would not want to report and can forbid their editors to report on any issue which could harm their business or affect them adversely. For example, a conflict or clash of interest could crop up while reporting a political story negatively whence the news media owner may be positively inclined to the issue reported. A case in point is that of a large Kolkata business house’s interest in a newspaper. The owners of a newspaper simultaneously had huge interest in rayon and jute manufacturing businesses in Kerala and West Bengal, respectively. In such situations, particular news media outlets that are owned by these industries, support and propagate the interests of 24 their enterprises by extensive reporting of government policies concerning these industries. It is a reality of the day that almost all news media organisations survive on the strength of advertising revenue. There are several advertisers – multi-national corporations and domestic – who dole out heavy and regular ads to the popular news media outlets to seek their editorial support and favourable comment about their business interests. In certain cases, news media outlets have fixated bias against certain parties / leaders /ideologies due to reasons of their own. The viewpoints purveyed and supported by different channels such as NDTV network, The Times Television, Zee network, Doordarshan, or Eenadu television would obviously be poles apart. The reporters of the respective news media would give a core view, but the crux of the story may be tilted to suit the particular news media’s political policy directions. If a newspaper owner or editor happens to be a nominated legislative member of a party, it would be natural for that media outlet to favour that party, or support its ideology. In such cases, the reporting tilts in their or their party’s favour, which is bound to be apparent in their newspapers’ editorial policies and routine reporting. A reporter of the news media outlet may earn the wrath of his employer or editor doing a news story that may conflict with the political, religious, economic, and business interest of the media outlet’s owner. There could also be some occasions when a reporter’s personal views may conflict with the politician or the party that s/he is reporting on. Also, the views of the editor / proprietor could be in conflict with the politician or the party. It is quite common that some reporters/ correspondents are innately committed to certain political ideologies or political groups, and these are reflected in their stories. In such circumstances, an independent-minded reporter while writing the news story ‘objectively’ could hurt his/her own or the political interests of the organisation, or could dilute the spirit of the event or issue s/he may be reflecting on. Thus, conflict of interest constitutes a serious issue plaguing news media today. 2.5.2 Bias and Subjectivity News reports are often reported in a particular style, angle, bias in a manner that has led to the suspicion of the news media’s intentions and objects. Apart from the bias due to conflict of interest discussed above, reporters quite often get personally involved in doing their stories about certain noted politicians against whom cases of alleged corruption, murder, disproportionate assets, etc., are in courts. Similarly, there are several criminal-politicians, seasoned criminals, and gangsters about whom media persons get to know intimately, and gauge their interests in various national and international scandals. Such personal knowledge gathered when court hearings are in progress leads them to become biased against them. Media persons who cover and see them in court on a regular basis are able to see through their scandalous careers based on the court proceedings. Hence, their reports are likely to get coloured with their personal knowledge of such people’s dishonest deeds leading to bias and subjectivity in reporting. 25 2.5.3 News Source Confidentiality With a view to writing in-depth stories, and analysis, or doing investigative reporting, journalists quite frequently report based on information from confidential sources and sensitive documents. Centered on materials so procured or offered, reporters rush through exclusive articles that create a lot of commotion, public furor and even at times political storm. There have been innumerable cases where reporters have published articles using confidential sources and quoting from secret papers and official government documents that have overthrown regimes, ousted governments, put many chief ministers and VIPs behind bars. Often, serious ethical concerns have been expressed where reporters covered special stories, based on information concerning an individual’s personal conduct in private life. 2.5.4 Sting Operations Deep and all-pervasive ethical concerns have also been involved in issues relating to sting operations, also known as under cover reporting. For example, former BJP president Bangaru Laxaman was shown accepting Rs.1 lakh for promising political favours in Tehelka’s sting operation. In yet another identical case, a sting operation on a Delhi government girls’ school teacher was alleged to be involved in a prostitution racket. The sting operation proved to be a fraudulent act; the sting operator was later held and criminal proceedings initiated against him. In the entire process an innocent woman was dragged in a false allegation and the reporter’s fraudulent reporting was widely condemned. Due to the news media reporter’s penchant for scoops and exclusive stories using sting operations, they get into innumerable traps. While some do triumph with glory, and win awards; there are several others who err and get dropped by the wayside and become victims of many unethical allures for the sake of outpacing and beating their rivals, contemporaries and competitors. 2.5.5 Paid News According to the Press Council of India (PCI) paid news is ‘any news or analysis appearing in print or electronic media for consideration in cash or kind’. The trend of paid news is on the rise in India, and several print and broadcast media organisations publish favourable news stories in exchange for money. These news stories could be sponsored by organisations, celebrities, high end businessmen, political parties and politicians. A few years ago the PCI asked government to stop giving advertisements to the newspapers found guilty of paid news. 2.5.6 Intrusion into Privacy One of the cardinal principles of news reporting is that news should be treated as a serious business and not considered as entertainment. However, some news media outlets, particularly television channels, often put out news events in a trivially light-hearted style creating derisive impression about the mass media as an institution. Some news media persons in their hunger for exclusive stories about the high and mighty, VIPs, or celebrities, tend to intrude into or peep into the individuals’ totally personal, private and intimate affairs, creating privacy issues for news media outlets as also for themselves. Such stories hurt audiences’ sensitivities and raise questions about their ethical concerns. News media persons should avoid such ventures lest they are caught on the wrong foot. In fact, some Indian language television news channels have been warned by the Ministry of 26 Information & Broadcasting to shun such practices. 2.5.7 PR Press Releases Masquerading as News It is a well-known fact that several news media persons end up as public relations personnel or corporate communication specialists due to heavy remunerations offered by many noted multinational companies and corporate firms. These PR persons are often friendly with news media persons and tend to push the press notes and press releases of their companies masquerading as news stories. Such stories are very easily discernible and can hurt the ethical views of news media’s overall conduct and general public’s sensibilities. Some other ethical concerns pertain to plagiarism, sensationalism, and offensive reporting. Plagiarism of news items from other sources degrades the media’s prestige and lowers the reporter’s position in the profession. And, when the media audiences discover such tendencies in a particular mass medium’s practices, they start losing faith and trust in its credibility and integrity in its overall news operations. They may occasionally present certain exclusive stories in a manner that’s deemed outrageous and outright offensive. Sensational reports on rapes, kidnapping, molestation, murders, and many other crimes relating to women not only are in bad taste, but also demeaning for women. It has been noticed of late that innumerable popular culture themes from western media, though not completely compatible to our ancient heritage and culture are being put out on television channels, and disseminated even through print media. Majority of weekend magazine sections of most mass-circulated daily newspapers in English and other Indian languages, and weekly glossies are reproducing cheap titillating stuff from foreign journals. In addition, images or graphic description of wars, sex, violence, mutilation of bodies, also constitute ethical concerns. Graphic and gory images do not always carry the real story, in fact it has been proved that exposure to such images can desensitise people towards the gravity of the story. Apart from this, reporters should also be careful about the use of inappropriate language, deliberate manipulation of news or giving a slant to a story, which also constitute unethical practices. 2.6 HOW TO ADDRESS ETHICAL CONCERNS Many mass media establishments and organisations have drawn up their own codes for their journalists. One such prominent organisation is The Society of Professional Journalists of the USA. The SPJ is “dedicated to encouraging the free practice of journalism and stimulating high standards of ethical behavior.” In India journalists’ organisations like the Indian Federation of Working Journalists and National Union of Journalists (India) have their codes for journalists. Similarly in Britain National Union of Journalists has its code but the real challenge is that how much these codes are effective in practice. Most of these codes include: Ethical journalism should be objective, accurate and fair. Journalists should be honest and courageous in gathering, reporting and interpreting information. Ethical journalism should treat sources, subjects, colleagues and members of the public as human beings deserving of dignity and respect. The highest and primary obligation of journalism is to serve the public. A code of ethics specifies the following guidelines to journalists: Take responsibility for the accuracy of their work. Verify information before releasing it. Use original sources whenever possible. 27 Remember that neither speed nor format excuses inaccuracy. Avoid undercover or other surreptitious methods of gathering information unless traditional. Support open and civil exchange of views, even views they find repugnant. Recognise a special obligation to serve as watchdogs over public affairs and government. Seek to ensure that the public’s business is conducted in the open, and that public records are open to all. Never deliberately distort facts or context, including visual information. If you see a news organisation that seems to regularly ignore these guidelines, question it. News media reporters are expected to be accurate, truthful, objective, and balanced in writing their stories. However, it needs to be stressed here that ‘truth is not a matter of reporting what has happened, but an accurate reproduction of what someone has told you that has happened, as s/he saw it happening with his/her own eyes.’ This version of the truth fits more comfortably with the working practices of journalists. Objectivity is an essential technique for removing bias in seeking truth. Objectivity, while not absolutely achievable, can be partially achieved by the journalist if s/he sets aside personal and social conditioning that would colour the story differently. Journalists also have the responsibility to not produce information or to see their information is not used to mislead the public. In addition, they need to provide balance in news reporting which involves providing equal space and time to all parties involved, while writing or describing a news occurrence. Be it the ruling party, or the opposition, political leaders, and their views, it would only be prudent to allocate them equal broadcast time or newspaper space. Self-regulation is a nebulous concept which has been defined by the Merriam Webster dictionary as “the act or action of refraining from expressing something (such as a thought, point of view, or belief) that others could deem objectionable”. Self-regulation is done by media organisations/journalists/reporters at their own discretion for various reasons - there may be adverse consequences if they tell the truth, deference to the sensibilities of the public or any other. For example, reporters covering the war live are expected to self censor their stories; for doing otherwise might not be in national interest and due to the commitment to a cause or simply because of personal loyalty to the soldiers, or for the fear of endangering life by giving away vital army information that may prove detrimental for the country. You will read more about self-regulation in Unit 3 of this block. There is also a stringent need to avoid yellow journalism and sensational stories. It is often said, ‘yellow journalism thrills, but it ultimately kills’ - both the author of the story and media outlet disseminating it. Such reporting has abhorrent sociological impact on younger generation of our times. It is vital to draw the attention of media owners, media professionals, media consumers and the powers that be, toward these emerging maladies which are likely to dilute our inherent values, social mores, and our rich and ancient culture. The need of the hour for reporters is to be aware of the sensitivities of their audiences - their likes and dislikes, preferences, and social milieu to address their 28 information needs. The golden rule for any mass medium to win new audience, retain the old ones and climb new height in the business is to be as objective, truthful, balanced, fair and transparent as possible. These may seem rather difficult to achieve in the present media environment, but need to be adhered for creating a healthy, informed and congenial society. Activity-1 Check the ‘Norms of Journalistic Conduct’ outlined by the Press Council of India on the link: http://presscouncil.nic.in/WriteReadData/userfiles/file/ NORMS.pdf Check Your Progress: 3 Note: 1) Use the space below for your answers 2) Compare your answers with those given at the end of the Unit. 1) How do business pressures affect news media’s ethics?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2) What kind of concerns does yellow journalism raise for news media?.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2.7 LET US SUM UP In this unit, we discussed some ethical concerns and how to deal with them, with the help of examples. We identified some areas of concern in present media environment such as conflict of interests, bias and subjectivity in reporting, paid news, news-source confidentiality, sting operations, intrusion into privacy and press releases masquerading as news; etc. which need to be checked. We also outlined some dos and don’ts for media persons who are expected to be accurate, objective, balanced, impartial, sensitive, responsible, and trustworthy in their reporting. As news media operations are rapidly becoming technology-based, time-bound, financially-restrained and politically-constrained; the task of reporters gets highly complicated. Reporting news is a responsible job that should be undertaken with 29 due care and caution. A news story that hurts the intrinsic values, cultural moorings and cherished ideals of a society will be abhorred by audiences. It is bounden duty of news media persons to follow basic ethical norms and report news in a manner that does not call into question their integrity as a journalist. 2.8 FURTHER READINGS Media Ethics by Paranjoy Guha Thakurta, Oxford University Press, New Delhi 2012. Communication Ethics and Universal Values by Christians, C.G., and M. Traber, Sage Publications, New York, 1997. Ethical Issues in Journalism and the Media, eds. Andrew Belsey and Ruth Chandwick, Routeldge, London, 1992. Mass Communication Law and Ethics by Roy L. Moore, Lawrence Erlbaum Associates, New Jersey, 1994. Handbook of Mass Media Ethics, eds. Lee Wilkins and Clifford G. Christians, Routlege, 2009. 2.9 CHECK YOUR PROGRESS: POSSIBLE ANSWERS Check Your Progress: 1 1) The term ‘ethical’ implies making correct choices in our behaviour, conduct, and decision making so that we can discharge our duties with a clear conscience, and without fear or favour. 2) Twenty four hour new media have led to increased audience expectations which in turn have put undue pressures on media persons. News houses are required to bring news promptly to the audience, which affects the standards of speed, accuracy and fairness, of the news stories. In the race for breaking news, scoops and exclusives, reporters lose sight of their goals and use information which may not be from reliable sources and thus not verifiable. Check Your Progress: 2 1) Global journalism ethics are universal in nature, following the principles of objectivity, balance, and independence. Global media ethics act as global agent; serve the citizens of the world; and promote non-parochial understandings. 2) News media professionals should strive to conduct research to gain insights into new innovations in reporting. They should study the changes brought about by globalisation, coverage of global issues, and follow globally accepted code of ethics and norms. Check Your Progress: 3 1) The revenue generated by advertisements is the mainstay of any news 30 organisation. In turn, the advertisers expect the news houses to print/ broadcast favourable news about them, which puts undue pressure on reporters and media houses and prevents them from reporting objectively. When large organisations or people have stakes in media houses, it can lead to biased news reports. 2) Yellow journalism is the practice of sensationalising news in order to increase circulation and TRPs. Emanating from non-reliable sources, many a times these reports are in bad taste and lead to a loss of reputation of the reporters as well as the media organisation indulging in it. 31 UNIT 3 MEDIA ETHICS AND SELF REGULATION Structure 3.0 Introduction 3.1 Learning Outcomes 3.2 Concept of Self regulation 3.4 Codes of Ethics 3.4.1 Cannons of Journalism 3.4.2 Commission on Freedom of the Press 3.5 Essential Ethical Values 3.6 Emerging Ethical Areas 3.6.1 Diversity and Sensitivity 3.6.2 Advocacy and Ethics 3.6.3 Digital Media Ethics 3.6.4 Ethics related to Citizen Journalism 3.6.5 Use of Hidden Cameras 3.7 Let Us Sum up 3.8 Further Readings 3.9 Check Your Progress: Possible Answers 3.0 INTRODUCTION In the previous units we defined ethics as ‘rational systematic principles, values and norms to determine what is good and bad, correct or incorrect, right or wrong thus make correct choices’ as far as human actions are concerned. We looked at various theories of ethics and examined some ethical concerns pertaining to media. We also discussed that Self-regulation applies not only to media groups and organisations but also to individual journalists. In this Unit, we shall focus our attention on the ethical value systems which you can set for yourself as a media professional to face the challenges in your day-to-day work. We shall start by defining the concept of self regulation and making a distinction between codes, laws and ethics for a better understanding of the subject. Then we shall briefly look at some important code of ethics such as the Canons of Journalism and Commission on Freedom of Press report to link them with the present times to understand how these ethical principles are still valid and pertinent. We shall examine the universal tenets of journalism or ‘essential shared values’ and proceed on to discuss some emergent areas of ethics such as diversity and sensitivity, advocacy, digital media ethics, citizen journalism and sting operations among others. Through this discussion, we shall try to explain how media ethics and self regulation are interlinked and if media professionals follow certain ethical principles and norms, it will lead to self regulation on their part and the profession as well. 32 3.1 LEARNING OUTCOMES After going through this unit, you should be able to: discuss the concept of self regulation; distinguish between codes, laws and ethics; describe universal media ethics; analyse emerging ethical areas such as diversity, advocacy, digital media; and apply ethics in your day-to-day work. 3.2 CONCEPT OF SELF REGULATION At the outset, let us look at the concept of Self-regulation which is a voluntary act on the part of an individual media professional as well a media organisation. It is not imposed by any external agency therefore it carries more credibility in the eyes of the public. Self-regulation ensures that the media can operate independently which is in the interest of the media as well as its different stakeholders and the audience. To facilitate ethical conduct, a number of self regulatory mechanisms exist for the Indian media such as codes of ethics, press councils and ombudsman. Organisations like News Broadcasters Standards Authority (NBSA) and Broadcasting Content Complaints Council (BCCC) have been set up as internal self regulatory mechanism for television (news and entertainment) respectively. However, it has been found that many existing self regulatory mechanisms have not been able to live up to the emerging challenges as some are perceived to be lacking in teeth or being unduly restrictive in their mandate. Some are inadequately resourced while questions have also been raised about the desirability of state funding for self regulating mechanism. Self regulation is not a new concept as it has existed for a long time in the form of codes of conduct, ethics and practices. Many a times these terms are used interchangeably but each has a different meaning and scope though they are also interlinked in some ways. Let us look at them in detail for a proper understanding and application. Code: Code is a systematic set of guidelines or framework for standard moral behaviour – it is an index of what is generally considered desirable. A code is a document that sets out guidelines aimed at proscribing certain types of conduct deemed unethical and identifying other types of conduct as being ethical. According to Retief (2009), “it serves as the conscience of the worker as an individual and of the organisation as a whole”. Code is not a legal document and cannot be enforced by law. Some scholars argue that codes work against the independence of free press and lead to self-censorship. However, it cannot be denied that adherence to codes can make recurrence of the past mistakes less likely and improve the future work. Law: Law is a set of rules established in a social system, which demand or prohibit certain actions. These are governed by the courts of law and are abiding on its people and breaking of law is punishable. Some media laws such as the Contempt of Court, Libel and Defamation, Official Secrets Act etc. will be discussed in detail in Block 2 of this course. However, laws have their limitations because 33 new areas keep emerging and laws cannot be enacted for every situation. There are occasions which require a careful interpretation of the existing regulations to determine the best course of action. Ethics: Ethics do not involve application of a formal set of codes and rules but are more in the nature of self-check or self control, thus are all about personal decisions and practices. Ethics is not law, although law quite often stems from the ethical values of a society at a certain time. Violations of the law involve punishment whereas, ethical misconduct does not. According to American media theorist John C. Merrill (1982), “law is something that is socially determined and socially enforced. Ethics on the other hand is personally determined and personally enforced”. Ethics provide a media person certain basic principles or standards by which s/he can judge action to be right or wrong, good or bad, responsible or irresponsible. Thus ethics is primarily personal and law is primarily social. Ethical standards are individual and internal and they cannot be punished by an outside force. There has been a growing debate on whether codes of professional practices should be impinging upon the journalists or voluntary in nature. John Hulteng (in Reitef) argues, “codes without teeth, without an agency to enforce them tend to be most influential with those who are already behaving responsibly, they often have little effect on the ones who need the guidance the most”. Merril argues that media persons should seek ethical guidance from within themselves and not only from codes of organisation, commissions or councils while some scholars believe that to “follow rules blindly is to surrender moral impulse”. Nonetheless, it cannot be denied that codes help to guide a media person and enable him/her to adhere to certain professional norms and standards. While it is important to have codes, laws and regulations it is equally important for a media person to develop a strong ethical sense and value system to face the challenges and complexities of the real world and make correct choices in his/her professional life. Check Your Progress: 1 Note: 1) Use the space below for you answers. 2) Compare your answers with those given at the end of this unit. 1) Why is it important for a media professional to develop a strong value system?........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 2) How can application of ethics of a journalist lead to self regulation?........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 34 3.4 CODES OF ETHICS Various codes of conduct have been formulated by different bodies and institutions from time to time. According to a UNESCO report, more than 370 Codes of Practices are said to be listed by the International Press Council in different parts of the world. Although, journalists generally resist any kind of code as these are seen to keep certain check on their freedom of expression, but codes of conduct are aimed to help the journalists and contribute in their freedom. It is believed that a good code does not impose restrictions rather it flags the problem areas which need to be anticipated and avoided in discharge of their duties. Some media organisations prefer to use the term codes of practice or codes of ethics instead of code of conduct - whatever be the nomenclature, they all are aimed to develop a responsible attitude in the exercise of journalistic duties and create a ‘collective conscience of the profession’. It will be useful to take a brief overview of the evolution of codes of ethics to analyse how the ethical values outlined by them continue to be pertinent and meaningful today. 16.4.1 Canons of Journalism The first code of ethics for journalists was adopted in 1910 in the United States by the Kansas Editorial Association which was written by William E. Miller. The Kansas Code was largely focused on advertising and called for advertising policies that were “forthright and fair and news that was honest, just and decent’. In another initiative, a group of journalists formed the American Society of Newspaper Editors and adopted an ethical code known as “Canons of Journalism” in 1923 which highlighted the importance of responsibility, freedom, independence, honesty, accuracy, impartiality, fair play and decency. These Canons were adopted as a model and followed by other codes for newspaper and press associations. The Radio Code was adopted in 1928 which was later expanded into Radio and Television Code covering advertising and programme content. However, adherence of these codes was voluntary and noncompliance went unpunished. According to Ferre, (2009), “concern for journalism ethics became synonymous with culling values from the facts of human experience so that reporters could produce news that was neutral, unbiased and factual”. The advent of television was a watershed in the history of media which hit the imagination of the masses and briefly eclipsed radio and cinema. It also led to great expansion of media organisations and the growth of advertising industry ‘which financed daily newspapers, magazines and books’. All these developments led to an increased concentration of media in a few hands and the US Government made various efforts to break the monopoly of large media companies and provide diverse perspectives. 16.4.2 Commission on Freedom of the Press The scope of media ethics was expanded by the US Commission on the Freedom of Press under the chairmanship of Hutchins in 1947. It called upon the press to

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