The recent murder of Mukesh Chandrakar, an independent journalist in Chhattisgarh’s Bastar region, has brought attention to the challenges and risks faced by district-level journalists in India.
Background of the case
- Mukesh Chandrakar was a freelance journalist from the state of Chhattisgarh.
- In 2021, Mukesh was among a group of seven journalists who helped security forces negotiate with Maoists to release a CoBRA gendarme captured in Tekalguda.
- He was allegedly murdered for exposing corruption in a road development project.
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Challenges Faced by Journalists in India
- Violence and Murder: Physical assaults, beatings, and killings are common, especially
- The murder of journalist Mukesh Chandrakar in Chhattisgarh highlights risks tied to investigative reporting.
- Legal and Administrative Pressure: Lawsuits, criminal defamation cases, and misuse of sedition laws (e.g., UAPA) intimidate journalists.
- The Supreme Court of India has noted a rise in SLAPP (Strategic Lawsuits Against Public Participation) cases, with journalists increasingly targeted to stifle critical reporting.
- Economic Threats: District-level journalists often work without contracts, earning as little as Rs. 200-500 per story.
- Digital and Technological Threats: Cyber harassment, doxxing, and surveillance of communication are increasing, especially for journalists critical of powerful entities.
- Amnesty International’s “Troll Patrol” project in India (2024) revealed that most of the female journalists in India faced online abuse, often targeted for their work.
- Regional Variations:
- Conflict zones (e.g., Kashmir) face pressure from multiple groups.
- Resource-rich states like Chhattisgarh see threats linked to mining and land issues.
- Border areas struggle with restricted access and national security concerns.
Regulation of Press in India
- The foundation of press regulation in India starts with Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression.
- While the Constitution doesn’t explicitly mention press freedom, the Supreme Court has consistently held that press freedom is implicit in the fundamental right to freedom of expression.
- However, this freedom isn’t absolute. Article 19(2) allows reasonable restrictions on grounds of:
- Security of the State
- Friendly relations with foreign States
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offence
- Sovereignty and integrity of India
Statutory Regulatory Bodies:
- The Press Council of India (PCI) serves as the primary regulatory body for print media.
- Established under the Press Council Act, 1978, it functions as a quasi-judicial body with several important responsibilities:
- It acts as a watchdog of press freedom while ensuring ethical journalism.
- The PCI investigates complaints against newspapers, news agencies, and journalists, and can censure publications for unethical practices.
- The News Broadcasting Standards Authority (NBSA) oversees news channels.
- Unlike the PCI, the NBSA is a self-regulatory body created by news broadcasters themselves.
- This reflects the broadcasting industry’s attempt to maintain standards through self-regulation rather than government control.
- The NBSA has devised a Code of Ethics to regulate television content.
- The News Broadcasting Standards Authority (NBSA), of the NBA, is empowered to warn, admonish, censure, express disapproval and fine the broadcaster a sum up to Rs. 1 lakh for violation of the Code.
- Non Statutory:
- Another such organization is the Broadcast Editors’ Association.
- The Advertising Standards Council of India has also drawn up guidelines on content of advertisements.
- These groups govern through agreements and do not have any statutory powers.
Legal Framework:
- The Press and Registration of Books Act, 1867 requires newspapers to register with the Registrar of Newspapers for India.
- The Working Journalists Act, 1955 protects the professional interests of journalists, setting standards for working conditions and wages.
- The Information Technology Act, 2000 becomes relevant for digital news platforms. As journalism increasingly moves online, this law governs various aspects of digital content publication.
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Sting Operation
- A sting operation is an investigative exercise undertaken by the media to uncover the malpractices prevalent in the society.
Legality of Sting operation:
- No court has laid down any regulations concerning sting operations and Judicial authorities have reacted differently.
- On balance, the judicial dictates largely consider sting operations as valid, while a select few have questioned it for its infringement of the right to privacy and possible incitement to crimes.
- In 2007, the Delhi High Court accepted the legality of a recording from a sting operation that captured Members of Parliament taking bribes, in wider public interest.
- When it came to wiretaps, however, the Supreme Court held that wiretaps are “significant violation of the privacy of a person.”
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Journalistic Ethics
- Journalistic ethics refer to the principles, standards, and guidelines followed by journalists in the process of gathering, reporting, and presenting news.
- These ethics ensure the credibility of the media and help build trust between journalists and their audiences.
Key components of journalistic ethics
- Truth and Accuracy: Journalists must report the truth, providing accurate, verified, and well-researched information.
- In 2024, the Hindustan Times corrected a report on the Delhi air pollution levels after verifying the data from multiple sources.
- Independence and Impartiality: Journalists should remain independent and impartial, avoiding conflicts of interest and presenting balanced views.
- Fairness and Balance: Journalists must present multiple perspectives and allow all sides of a story to be heard.
- During the farmers’ protests many news outlets gave coverage to both the government and protesting farmers, presenting a balanced view of the events.
- Minimizing Harm: Journalists must act with sensitivity and avoid causing harm to individuals or communities, particularly when covering vulnerable groups.
- Confidentiality of Sources: Journalists must protect the identity of confidential sources and maintain confidentiality when required.
- Objectivity and Neutrality: Journalists should strive to remain neutral and not allow personal opinions to affect their reporting.
Hutchins Commission
- The Hutchins Commission, formally known as the Commission on Freedom of the Press, was established in 1947 in the United States.
- Objective: Its primary goal was to assess and redefine the role of the press in promoting democratic values and serving the public interest.
The commission outlined five key principles to guide the press:
- The press should offer a truthful, comprehensive account of the day’s events in a context which gives them meaning. Perspective is important, not only objectivity.
- The press should serve as a forum for comment and criticism.
- The press should offer a representative picture of constituent groups in society; that is, no stereotyping.
- The press should transmit cultural heritage, present and clarify goals and values for society.
- The press should offer full access to the day’s intelligence, that is, to reflect the public’s right to know.
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Gandhian Ethics in Journalism
- Mahatma Gandhi, a staunch advocate of truth and nonviolence, viewed journalism as a powerful tool for social reform, nation-building.
- He outlined that the basic purpose of newspapers was public service.
- Gandhi said that “the true function of journalism is to educate the public mind, not to stock it with wanted and unwanted impressions”.
- Gandhian ethics can guide journalism toward truth, responsibility, and social good by:
- Truth (Satya): Report facts accurately, avoid fake news, and be transparent about sources.
- Non-Violence (Ahimsa): Avoid harmful or inflammatory reporting. Respect dignity and promote peace.
- Integrity: Stay ethical, resist pressure from advertisers or politicians, and correct mistakes.
- Local Focus (Swadeshi): Prioritize local stories and respect cultural values.
- Fearlessness: Speak truth to power, challenge injustice, and resist censorship.
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The Need for Ethics in Journalism
- Maintaining Public Trust: Ethical journalism builds and preserves public trust by ensuring accuracy, fairness, and impartiality.
- Ensuring Accountability and Transparency: Ethical journalism requires transparency in sourcing and reporting, helping the public understand the basis of news and hold institutions accountable.
- Protecting the Right to Information: Journalism must provide truthful, unbiased information, crucial for an informed public and functioning democracy.
- Preventing Misinformation and Disinformation: Ethical journalism combats the spread of false information by verifying facts and reporting responsibly, reducing misinformation’s impact.
- Supporting Social Responsibility: Ethical journalism prioritizes the public good, reporting on issues that matter and fostering positive societal change.
- Promoting a healthy Democratic: By providing accurate information, ethical journalism enables citizens to make informed decisions, which is essential for a healthy democracy.
Ethical Dilemmas in Journalism
- Ethical dilemmas in journalism arise when journalists face situations where they must choose between conflicting values, principles, or interests.
- These dilemmas often test their commitment to integrity, truthfulness, and public interest.
Here are key ethical dilemmas in journalism
- Truth vs. Personal Safety: Journalists often face threats to their lives when exposing corruption, crime, or abuse of power.
- According to Reporters Without Borders, 54 journalists were killed worldwide in 2024, with a significant number targeted for their investigative work.
- Public Interest vs. Confidentiality: Journalists often obtain information from confidential sources. Revealing such sources might breach trust but may be necessary to serve the public interest.
- Editorial Independence vs. Commercial Pressures: Media organizations rely heavily on advertising revenue, often from powerful corporations or governments.
- A survey by the Pew Research Center found that 60% of journalists believe that increased advertising pressure is negatively impacting news coverage.
- Sensationalism vs. Responsible Reporting: In the age of digital media, journalists may be tempted to prioritize sensational news for higher engagement, often at the cost of accuracy and social harmony.
- Delhi Riots (2020): Sensational and polarizing media coverage during the riots worsened communal tensions, with several channels accused of biased reporting.
- Right to Privacy vs. Public’s Right to Know: Journalists must balance the right to privacy of individuals with the public’s right to know about matters of public interest.
- Aarushi Talwar Murder Case (2008): Media heavily intruded into the private lives of the Talwar family, speculating on personal details and sensationalizing the tragedy, raising questions about ethical boundaries.
- Reporting on Vulnerable Groups: Stories involving vulnerable groups (children, refugees, or victims of violence) demand sensitivity but may attract more attention if portrayed sensationally.
- Manual Scavengers’ Stories: Coverage often focuses on dehumanizing visuals of workers rather than humanizing their struggles and systemic issues, perpetuating stigma.
Resolving Ethical Dilemmas
- Professional Codes of Ethics: Such as truthfulness, impartiality, accuracy, and accountability.
- Moral Reasoning: Balancing conflicting values based on ethical principles such as justice, integrity, and social responsibility.
- Legal Frameworks: Complying with media laws and guidelines to ensure accountability.
- Transparency: Disclosing conflicts of interest and maintaining openness with the audience.
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Way Forward
- Strengthening Media Education and Training: Journalism schools must focus on teaching core values like truth, fairness, and responsibility.
- Regular training workshops for working journalists can also help in improving their understanding of ethical dilemmas and how to handle them.
- Promoting Accountability and Transparency: Media houses should establish internal watchdogs or ombudsman systems to address complaints and grievances regarding biased or unethical reporting.
- Regulating Sensationalism and Clickbait Journalism: News organizations should be encouraged to prioritize factual, well-researched reporting over sensationalism.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, mandate that digital news publishers adhere to a Code of Ethics.
- Implementing and Enforcing Media Ethics Codes: Media bodies like the Press Council of India should revise and strictly enforce ethical codes.
- The All India Newspaper Editors’ Conference (AINEC) has developed a Code of Ethics for journalists.
- Fostering Media Literacy Among the Public: Educational campaigns that promote media literacy can help readers recognize credible sources and differentiate between reliable journalism and misinformation.
- Collaborating with Fact-Checking Organizations: Partnerships with independent fact-checking organizations can enhance the accuracy of news reporting.
- Reducing Corporate and Political Influence: Journalists and media houses must be free from corporate and political pressures to ensure unbiased reporting.
International Provisions on Freedom of Press
Universal Declaration of Human Rights (UDHR), 1948:
- The UDHR is the foundational document for international human rights law and establishes press freedom as a universal right.
International Covenant on Civil and Political Rights (ICCPR), 1966:
- Reiterates the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas through any media.
- The ICCPR is a legally binding treaty, and states that ratify it are obligated to uphold these rights.
UNESCO’s Windhoek Declaration, 1991:
- Adopted during a UNESCO conference in Namibia, this declaration emphasizes the importance of an independent, pluralistic, and free press as essential to democracy and development.
- The Windhoek Declaration led to the proclamation of World Press Freedom Day (May 3) by the UN General Assembly.
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| Major Reports on Media Freedom in India
World Press Freedom Index:
- This annual report published by the Reporters Without Borders (RSF) measures press freedom based on multiple indicators.
- The 2024 report placed India at 159th position out of 180 countries.
- This ranking reflects concerns about media independence, concentration of media ownership, and safety of journalists.
- The report particularly notes increasing pressure on independent media and the use of regulatory mechanisms to constrain press freedom.
Committee to Protect Journalists (CPJ) Reports:
- CPJ produces detailed documentation of attacks on press freedom globally.
- Their reports highlight specific cases of journalist intimidation, arrests, and killings in India.
- The organization maintains a database of journalists killed in the line of duty and tracks investigations into these cases.
- They particularly emphasize the vulnerability of local journalists and stringers working in conflict zones or covering corruption.
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January 27, 2025
