INDIAN MEDIA; AN APPROACH TOWARDS THEIR

ROLES AND RESPONSIBILITIES

Media can truly help in creation of vibrant and developing India. In recent years

media has also emerged as a dominant tool for enlightening citizens all over

country. With the new era of journalism, it is seen that media is losing the focus on

its paramount duty. Today in modern times media is focusing more on entertain-

ing people. Media clearly displays certain defects which must be corrected in

democratic way. Media in India has always been at forefront of national life. On

various occasions Indian media has also reported as biased. Media is expected to

communalism etc, rather than competing between non real issues. Various prob-

lems with media in India results in worthless journalism. Few years back one of

the most popular news group such as the “Times of India” has reported to start a

paid content service. Most of the media has also fails to tell the real picture. Elec-

tion Commission of India has already detected more than hundred cases where

with Indian media has put in limelight. In today’s era media is all about chasing

sensational news and increasing their TRP and tilting towards commercialisation.

Bollywood is also no less in glorifying gangsters and promoting criminals by pre-

senting them as heroes. Therefore, this paper aims to examine the issues with

Indian media since in modern times media is also regarded as threat to democra-

cy. Paper gives a detailed elaboration about problems in Indian media and how it

creates dominance all over country. Today, Media fails to provide accurate and

latest updates to the citizen.

ABSTRACT

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http://legalpediajournal.com

Riddhi Chadha

3rd Year, B.A.LL.B, F.I.M.T School of law, GGSIPU, Delhi3rd Year, B.A.LL.B, F.I.M.T School of law, GGSIPU, Delhi

1

Priyanka Kohli 2

1

2

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Keywords : GLORIFICATION, TRP, JOURNALISM.

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INTRODUCTION

“It is very important for the media to be partner in national mission. They should

highlight the positive aspects and provide solutions to difficult aspects through

nationwide consultation.”

- Dr APJ Abdul Kalam

The term medium can be defined as one of the means of general communication, information

or entertainment in society. Medium is a singular form of Media. Television, cinema,

newspaper, internet-based websites and various magazines are part of Indian communication

media. In a democratic country like India, media is considered as the fourth pillar along with

three pillars legislature, executive and judiciary. In fast growing country like India, media

usually promoted democracy. In India, since 18th century, media has been playing a significant

role in educating masses. Large measures of freedom were enjoyed by press in the past

independence era of the nation.

HISTORY

Since the late 18th media in India is active. Print media was started in 1780, radio broadcasting

initiated in 1927, and the screening of Auguste and Louis Lumière moving pictures in Bombay

initiated during the July of 1895. India consist of the oldest and largest media of the world.

Media in India has been free and independent throughout most of its history. India's media

faced potential government retribution during the period of emergency (1975-1977). In 2007,

India country consumed 99 million newspaper copies - making it the second largest market in

the world for newspapers. By 2009, India had a total of number of 8,10,00,000 Internet users -

comprising of 7% of the country's population, and 7,570,000 people in India also had access to

broadband Internet as of year 2010.

POSITIVE IMPACTS OF MEDIA

Enhancing our Connectivity: -

Social media is a facile way to connect with the like-minded people. Just a single click

can react to millions despite of location, language, religion & social network, it works

effectively to connect one and another.

Social Media, Important component of business strategies: -

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Businessman are using social media platform to promote their business since the social

media reached millions. Advertising on social media is way cheaper then traditional

advertising. It reaches all the ages and demographic at a large level. Advertising on

social media is way more effective and favourable because its users are active and

understand the new era of advertising. Two-way communication is promoted by social

media. Earlier tv commercials were shown and end in a traditional way now thanks to

social media platform people can ask their queries to them directly. Awareness has been

increased. Information of business can be shared on the various platform and it gives

boom to the business.

Social media has a lot of benefits for students and teachers

Taking expertise advice and professional help is becoming easier. It has become very

effortless to take notes or getting knowledge on any topic through media. Learning

various skills, become very simple without paying single penne because of media. It is

been noticed that 59% of schools are saying that their students can use social

networking for educational Purposes.

It can be used for Noble Cause

Social media give platform to social welfare activities and promote non - governmental

organisation. It also helps in changing the living style of people. Media become a source

of promoting and spreading awareness. It helps people to discover various innovations

that help them enhance their own lives. Every individual from a farmer to a teacher can

be benefited from the awareness factors of social media.

Social media helps in building communities

There are many followers of their community to whom social media gives platform to

follow their religion, nationalities and interest to form communities. Sports lovers,

dance lover, car lover, technology lover and many more can follow their respective

community and keep up to date with their hobbies.

Social media can benefit mental health too

Emotions expressed online affect your mood. It not only helps to relieve social isolation

but also open now communication pathway.

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Social media us a way to save lives

Spreading awareness and motivating people is important too. Social media give

platform to share their expenses and motivates others in their lives.

Develop awareness

Exposer of social media help teen to develop awareness about society and the world.

This culture and political awareness are vital if we want to groom a generation of

socially responsible citizens.

PROBLEMS WITH INDIAN MEDIA TODAY

SIDELINING REAL ISSUES

In current time the media focuses on side-lining real issues and portray non real issues

as real issues going on in the society. Modern India is facing the terrible economic

issues such as poverty, lack of housing, unemployment etc. Instead of focusing these

issues, today’s media tries to entertain people with other non-important issues. For

instance, a film actor is getting divorce and so on. We don’t need media to highlight

lifestyles of the Bollywood actors/actresses, cricketers or reality shows etc. Few years

back Markandey Katju3 criticized the media for not showing real issues instead of

focusing on non-real issues. He urges the media houses to help the society in fighting

problems like poverty, casteism, communalism, unemployment and superstition and in

developing modern logical outlook.4 In July, 2005 the media houses reported the minor

injuries caused to Hema Malini in a car accident while they even consider the death of

child who died in that accident.5 Later media realized only when everyone started

putting this on their newspaper and media channels. Its like media don’t cover major

news issues sometimes also focus on farmer’s suicide, rise in price of petrol or another

essential commodity. But that is only five to ten percent of the total coverage.

In 2014, raging floods in Jammu and Kashmir catch the attention of many news cannels

due to its high scale devastation. However, few weeks ago similar flood in Assam

3 Chairman of Press Council of India (PCI). 4 Markanday katju – ‘Media and issues of responsibility’ available at http://www.thehindu.com/opinion/lead/ media-and-issues-of-responsibility/article2559712.ece 5 Hema Malini Car Accident: Child Killed, MP Has Minor Injuries, article available at http://www.ndtv.com/ india-news/one-dead-in-accident-with-hema-malinis-car-she-has-head-injuries-777653 last updated on July 03, 2015 03:02 IST.

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mostly went unnoticed. During that time in a survey by TISS6 Guwahati students7 it

was observed that ‘The Hindu and the Indian Express hardly gave ant coverage to flood

disaster in Assam and other North east states. It was mostly covered by local newspaper

of that region. Media should fix some criteria as how much time, significance, space

should be attributed to different issues.

INDIAN MEDIA AS BIASED

In 2014, media showed Modi as saviour in 2014 election and made it easier for him. At

that time media was clearly supporting a political party. Media has also supported AAP

in Delhi elections 2014. Top four Indian news channels are owned Politicians which

include such as: -

1. “Times Now” is a part of times group which is owned by Bennet and Coleman.

The talian Robertio Mindo who has a share in the group is a close relative of Sonia

Gandhi.

2. NDTV is owned by Prannoy Roy who is married to Radhika Roy whose sister is

Brindra Karat a Rajya Sabha member of CPI (M).

3. NEWS 24 is controlled by Rajeev Shukla, who is minister of state for parliament

affairs and planning and the secretary of All India congress committee.

4. India news channel is owned by Karthikeya Sharma who is the son of Congress

leader Vinod Sharma. In an analysis by the Hoot 8 it was found that in India political

parties own and control increasing sections of press. Channels like SUN TV,

KALAIGNAR TV and MAKKAL TV are all owned by local politicians. Hartosh

Singh Bal told the “The New York times”, that I’ve never seen the media so divided

within itself, taking sides, being partisan during elections.

PAID NEWS SYNDROME

Paid news has becoming another major issue with Indian Media9. In 2010, a two-

person panel of press council of india investigating the phenomenon of paid news

6 TATA Institute of Social Science. 7 Neglecting the environment at our peril available at http://asu.thehoot.org/mediawatch/regionalmedia/negl ecting-the-environment-at-our-peril-7777 published on 16.09.2014. 8 A South Asian media watchdog. 9 India paid news scandal hits major newspaper’ by The Guardian UK (4th January 2010).

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in India.10 In paid news an advertisement is disguised as a news. Mostly News

channels advertise a political party as if it’s a news for their own benefits.

According to the rule of Press Council, the advertisement should clearly distinct

from news content. During Lok Sabha Elections 2014, almost 700 paid news cases

were detected by election commission. According to the Election Commission

Officials “We served 3,053 notices among which 694 of which were found to be

genuine cases of paid news by our media certification & monitoring committee”, 11

Election commission Director General Akshay Rout told IANS “We define Paid

news as those items which are published as news but are advertisement in nature. In

a sting operation conducted by Cobrapost 12 in 2017&2018, it was showed that a

journalist posing as RSS person approached most of the popular news television

that would publicize fake news & promote BJP, Communal issues etc. Almost all

the big news channels agree to the proposal

POLITICIANS INVOLVED IN PAID NEWS

Election commission of India has already detected more than 100 cases where politicians are

involved in the paid news.13

1. The cabinet Minister of Madhya Pradesh, Narottam Mishra was accused by Election

Commission of India. 14

2. Ashok Chavan 15 was questioned by Election Commission in 2010. The commission

stated that “the complaint against Mr Chavan was that he arranged publication of news

items, masquerading as advertisements, in newspaper praising him in 2008 State

Assembly election & he had not properly accounted for the expenses in his election

expenditure accounts. During 2009 & 2013, Election Commission has reported to

10 Press Council of India Report on Paid News dated 30.07.2010 available at http://www.presscouncil.nic. in/OldWebsite/CouncilReport.pdf 11 Almost 700 paid news cases detected in 2014 Lok Sabha elections, article available at https://www.dnaindia.com/india/report-almost-700-paid-news-cases-detected-in-2014-lok-sabha-elections-1989485 last updated on May 18, 2014, 02:30 PM IST 12 An International investigating news agency. 13 Media collusion with politicians, business weakens Indian democracy Article available at http://www.scmp.com/comment/insight-opinion/article/1274036/media-collusion-politicians-business-weakens-indian published on 3 Jul, 2013 at 12:00 AM. 14 “Yes we spent money on paid news Ad” article available at http://www.thehindu.com/news/national/yes-we-spent-money-on-paid-news-ads/article4354575.ece last updated on December 15, 2016 22:54 IST 15 Hon’ble Chief minister of Maharashtra.

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have Identified more than 1,400 cases of paid news 16 to check on the paid news, EC of

India initiated some measures. The Commission has also appointed MCMC (Media

certification & Monitoring Committee)17. Which will scrutinize all media within its

jurisdiction to identify political advertisement in the grasp of news.

GLORIFICATION OF CRIME

In order to be in the era of race in TRP of media houses, news channels focus more on

sensational news. Sensation are created by news related to crime. Media got popularity

by showing the way the crimes are committed, who was the person successful in

evading arrest, how lavish did criminal live it etc, making criminal virtuosity a hero. In

Dhananjay Chatterji rape case, where the convict rape & murdered a British girl, News

channel were focusing on his minor things such as what music he listened what he ate,

so much that it looked as if he is a national hero rather than a criminal. When crime is

glorified, then young people also want to initiate it. The role of the media shall be to

discourage the youth from path of crime & to encourage the spirits of brotherhood.

On 29 July 2016, when a women & her 14 years old daughter on UP Highway was gang

raped then the media houses were waiting breathlessly to pounce on any one which can

give then a sound bite for this latest story. Father of this young girl was instructed to

cover his face because TV channels has no time to blur/hide his face from the general

public. As reported by “Hindustan Times” the father of this young girl pleads ‘How

many times should I repeat what happened with my daughter & wife. They have been

raped what else do you want to know. My daughter was better till the last night. With

all the people visiting, she has fallen sick again. She cannot stop crying. Please leave

us alone”.18

Such incidents clearly show the loopholes which media houses should learn and not to

provoke any other cases/incidents like those in future.

INTRUSIVE REPORTING

As requirement by law, media managed to hide the identity of women raped from time

to time, by even giving her a fictitious name. But even there are some channels that

found out where the women lived sent out cameras that exposed the family.

16 EC detected over 1,400 paid news cases during Assembly polls available at http://www.lensonnews. com/lensonnews/1/59/48201/1/ec-detected-over-1400-paid-news-cases-dueingssembly-olls.html. 17 At District and state level 18 Article available at https://www.hindustantimes.com/delhi-newspaper/please-leave-us-alone-pleads-the-family/story-3c1vx2ck1cqEAvTos4SQBO.HTML

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A gang rape in Mumbai 2013 on Sunday Aug 25. Mumbai was shaken by gang rape of

young journalist. Media did not mention the name of women & thankfully did not give

her fictitious name. Though media surely revealed identity of women by identifying

parents, place where she lives & place where she works.

In shakti mills case a Mumbai leading news [TOI] finds nothing wrong in sending a

reported to the building where she lived & virtually informing the watchman about what

had happened by asking then if they knew that a woman in their building had gang

raped.

Didn’t stopped there, reporter was sent to hospital to dig out details about rape despite

the family begging the media not the write about it & also revealed the religion of victim

by speaking to the head of her religion community.

BREAKING NEWS

In order to get the ‘Breaking News ’first TV Channels are totally okay, in interviewing

anyone & everyone who can speak of a crime. In khod, Noid, where the two survivors

of Bulandshah rape live. By hounding them Media compounded the horror than these

women must live with for the rest of their lives. Job of Media is to report but not to

exploit the suffering of those who cannot fight.

BOLLYWOOD FILMS GLORIFYING GANGSTERS AND CRIMINALS

On many account Bollywood is seen to be used as a tool for glorifying gagsters &

criminals Sanjay Dutt was arrested in connection with the 1933 Mumbai blast cases &

was convicted for illegal possession of an AK-56 rifle. He was released from prison in

2016. ‘Sanju’ movie was directed by Rajkumar Tiran was criticised on this account.

According to former Mumbai police Commissioner Satya pal Singh ‘glorification of

criminals should be avoided. Whether it us Dawood Ibrahim or any other person. There

should not be any glorification of Sanjay Dutt also. Bollywood is consistently

producing such movies which glorify crime for instance, in ‘Raees’ movie Shahrukh

plays a ‘dreaded’ bootlegger hailing from Gujarat. His character was inspired from late

under world don Abdul Latiff who ran a biggest alcohol mafia

in Gujarat, back days. Akshay Kumar in special 26 do not get caught when he & his

team are big time frauds. It’s not always about entertainment at one point of time we’ve

must think what we are really promoting.

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A no. of Munna bhai - style frauds increased after the release of movie. There were also

some cases of DDA Employees reselling plots with forged documents after release of

khosla ka ghosla. In most of the anti- hero, films , the protagonist generally hails from

an economically deprived background. This makes it legit in most of the cases to take

up crime. Most of the people, relate this situation with themselves which lead to

increase in crime rate & so does the characters badassery. Most of the films glamorise

the life of criminals & makes it appear cooler than they actually are. For instance (29th

April) SRK’s Don. As an audience we first attract to their struggle to making it big &

then their set of principles with which they led their life as criminals.

CROSS MEDIA HOLDINGS

Cross media holding can be explained as holding more than one medium business, by

a single person. In india, incidentally approximately 499 channels are being provided

by 11 cable distributors. Below table indicates the reach of different forms of media

viewership.

PARTICULARS SIZE IN 2008 (RS BILLION)

VIWERSHIP (IN MILLION)

Television 584 730

Print media 172.06 181

Radio 8.4 159

The below data clearly indicates cross media ownership in the country19

PARTICULARS TV CHANNELS PRINT MEDIA RADIO

Sun tv Yes Yes Yes

Essel group Yes Yes Yes

India today group Yes Yes Yes

Malaysia manrman

group

Yes Yes Yes

19 Source; Administrative staff college report and FCCI PWD Media and entertainment.

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CROSS MEDIA OWNERSHIP

In Tamil Nadu, the dominance of sun in cable & satellite TV & how in DTH market is

quite visible. The current status of media does raise alarms over threats of cross media

ownership disturbing neutrality of news reported.

Unlike India, there are certain rules in United Kingdom related to cross media holding

which are as follows: -

1. A person can own only 20% of channel.

2. 3 licenses.

3. Any national newspapers not more than 20% of the market share. A person who is

holding 20% of shares of national newspapers is prohibited from holding more than

20% shares of national newspapers market, sometimes known as the “20/20” rule.

However, the situation in India is very different as that from United Kingdom. It is seen

that in India there is no common policy related to ownership or cross media. However,

some are imposed by TRAI (Telcom regulatory authority of India) for different

segments within the broadcasting sector.

HOW MEDIA CAN BE REGULATED: JUDICIAL PRONOUNCEMENT AND MEDIA

LAWS?

As a fourth pillar of democracy, it can be said that Media has four basic responsibilities, it

should tell the truth, it should be unbiased, it should not act to spread propaganda. It should

strive towards the moral conditioning of masses.

MEDIA LAWS20

In modern era, it is an absolute necessity to impose certain Legal responsibilities or checks

on media. In post-independence era, crucial significance of freedom of press was realized,

therefore Constitution of India has guaranteed freedom of press. Constitution has

recognized the freedom of press under right of freedom of speech and expression under

Article 19(1)(a) of Constitution of india. Freedom of press is an essential prerequisite of a

democratic. Various acts which are taken into consideration while dealing with print Media

are: The press & Registration of Books Act 1867 - This act simply regulates all the printing

presses and newspaper. Printing and publication of incitement to crime and other

20 In Re: Harijai Singh & Anr & In Re: Vijay Kumar (1996) 6 SCC 466

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objectionable matters are dealt by the Press (Objectionable matter Ac) 1951. Civil defence

Act 1968 allows the government to make rules for prohibition n printing & publication of

any document which is prejudicial to civil defence. Press council Act, 1978, maintains

standards of newspapers in India.

Constitution of India also imposes certain restriction on publication of proceedings in

parliament. Publication by a newspaper of certain parts of speech of members in house,

which were ordered to be expunged by Speaker constituted breach of privilege 21 apart from

this cable television Network (Regulation) ACT, 1995 basically regulates the operation of

cable certification of cinematographed films are dealt by cinematograph act 1952.

Legislations like Drug & Media remedies (Objectionable Advertisement) Act 1954,

Monopolies & Restrictive Trade Practices Act 1969 etc. deals with area of advertisement.

Laws governing media are Numerous as in age of media explosion, one cannot simply

remain confined to boundaries of traditional Media.

JUDICIAL PRONOUNCEMENTS FOR REGULATION OF INDIAN MEDIA

From time to time Indian judiciary has laid down various pronouncements for regulation

of Indian Media. In Secretary22 ministry of I&B v/s CAB, the SC has clearly provided that

government has no monopoly over such electronic media & also provides that every citizen

has a right to telecast and broadcast various listeners.

In MP Lohia v/s state of West Bengal was related to suicide of wife due to her harassment

for dowry. An article was published in a magazine. It was based on an interview of family

of deceased which extensively quoted the father of deceased as to his version of the case

which could all be material to be decided in fourth coming trial.in this SC need that such

articles by media would interface in functioning of judiciary on Rajendra sail v/s MP High

Court Bar Association, the news report stated that judge who was on verge not have been

entrusted dealing with such cases.

On this, the SC court need that media should not cast scurrilous as persons on, or personal

bias to the judge nor should they scandalize the court or the judiciary as a whole.

Media in India is mostly self-regulation. However existing bodies for regulation of media

such as Press council of India and Judicial pronouncements provides regulations of media

from time to time. The credibility of media is totally lying on unbiased & objective

21 AIR 1959 SC 395 22 (1995) 2 SSC 16

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reporting It is in media & public interest to ensure that the administration of justice is not

determined.

CONCLUSION

It is not denied that media is the backbone of the legal system. Media can truly contribute

to the creation if vibrant & developing India where every citizen would be equal. In modern

times media has grown largely. It also increased role of media. Role of media as an

informer, mentor, educator etc. Sometimes while fulfilling these roles sometimes media

overstep the line & cross boundary. This is because media wants to generate news for the

consideration best known them in the new era of journalism boggling entertainment has

become a thing of need, but media must not lose focus on its paramount duty. In multi

religion, multilingual & multi-ethnic state like India, the social fabric is quite delicate.

Media must work very sensitively to this delicate social structure & should refrain from

doing any act which may even remotely disturbs the equilibrium of society. Media Today

must work as a torch that shows way to the country & not the fire that destroys.

SUGGESTIONS

1. The media must not side-line the less important issues for the sake of entertainment of the

common public just to win the race of commercialisation.

2. Media must properly function its duty to inform & educate people rather than imposing

their own interest upon the society.

3. Indian legislations should focus more on issues like cross media holdings.

4. Media should be restraint from exploiting victims in crime scene and damaging their

identities by showing every detail on their channels/handles.

5. Bollywood should be restraint from glorifying criminals & making them appear

cool/sober/not guilty as they are, such kinds of things motivates the youth to go in wrong

direction.

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