Role of Media in Dispensation of Justice

Isha Suri

11IP60023

Rajiv Gandhi School of Intellectual Property Law Indian Institute of Technology, Kharagpur

May 2014

Under the Supervision of

Prof. Dipa Dube

“Where the press is free and every man able to read, all is safe.” - Thomas Jefferson

Presentation Outline

Motivation

Methodology

Media and its Role in Society

Media and Its Impact

Laws Governing Indian Media

Cases

Gaps in the Existing System

Factors Affecting Newsworthiness

Suggestions

Motivation • Lack of studies portraying the positive role of media.

– Prevent abuse of the legal machinery by the upper echelons of the society.

– Expedite dispensation of justice through widespread coverage.

• Importance of an unfettered press.

Censorship by Eric Drooker Available at: http://www.drooker.com/drawings.html

Ed Stein, Rocky Mountain News, Denver, December 13, 2008 Available at: http://blogs.rockymountainnews.com/stein/2008/12/crumbling.html

Methodology

• Doctrinal Study

• Critical Analysis of Criminal Cases since 1990:

– Widely Reported in Media.

– Decided by the Indian Courts.

• Impact of Media Coverage on the Judgment.

• Sources of Data

– Print Media • News Archives of two leading national dailies*

– Broadcast Media

* Indian Readership Survey (IRS), Media Research Users Council (MRUC). Available at: http://mruc.net/irs2012q4_topline_findings.pdf.

Mass Media

• Touted as the Fourth Pillar of Democracy

• Mass Media – Transmits Information to a large number of people.

• Believed to be distinct from Interpersonal communication: – Distance

– Technology

– Scale

– Commodity

• The Digital Age has rendered this distinction obsolete.

A Modern News Room The Public an active participant in Information Dissemination and Distribution

A Traditional News Room Strict Distinction between the News Producers and the Consumers

Role of Media in Society • Touted as the Fourth Pillar of Democracy

• Mass Media

– Transmits Information to a large number of people.

• Believed to be distinct from Interpersonal communication:

– Distance

– Technology

– Scale

– Commodity

• The Digital Age has rendered this distinction obsolete.

Media and Its Impact on Society

• Constant Source of Information, Education, and Entertainment.

• Affects all aspects of an individual’s life.

• Role of Media* – Credible Informational

– Critical Investigative Adversarial

• Impacts the following spheres of life: – Public Education

– Forum for Discourse

– Agenda Building

* Role of Media - Past Time Function

Laws Governing Indian Media • Obscenity

– Indian Penal Code – Section 292.

• Sedition and Censorship – Indian Penal Code – Sections 124A, 153A, 153B, and 295A.

– Code of Criminal Procedure – Section 95.

• Contempt of Court – Contempt of Courts Act – Sections 2(b) and 2(c).

– The Constitution of India – Article 129 and Article 215.

• Defamation – Indian Penal Code – Sections 499 and 500.

• Disclosure of Sources – Press Council Act – Section 15.

• Parliamentary Privilege – The Constitution of India – Article 105 and Article 194

Cases Shakti Mills Gang-Rape Case

• Year – 2013

• Offence – Gang-Rape

• Media Coverage:

– Immediate

– Adequate Follow-up

• Decision Time:

– 7 months

• Remarks:

– Encouraged the previous victim to come forward.

– Ensured speedy trial.

Nirbhaya / Delhi Gang Rape Case

• Year – 2012

• Offence – Rape, Murder

• Media Coverage:

– Immediate

– Regular Follow-up

• Decision Time:

– 9 months – Trial Court

– 15 months – High Court

• Remarks:

– Shook collective conscience of the public at large.

– Witnessed extreme reactions from the masses.

– Regular coverage ensured the awakening did not die a natural death.

R.K. Anand v Registrar Delhi High Court

• Year – 2007

• Offence – Criminal Misconduct

• Media Coverage: – Sting Operation that showed collusion

between prosecution and defense lawyers.

– Only court proceedings were reported.

• Decision Time: – 2 years and 2 months

• Remarks: – Not necessary for a media outlet to

seek prior permission to undertake sting operation.

– The Apex Court remarked that this sting operation was more likely to assist the functioning of trial.

Surendra Koli v. State of UP (Nithari Killings)

• Year – 2005

• Offence – Rape, Murder

• Media Coverage: – Incident first reported in 2006.

– Regular Follow-ups till the verdict of the case.

• Decision Time: – 3 years 2 months – Trial Court

– 3 years 9 months – High Court

– 5 years 2 months – Supreme Court

• Remarks: – Displays that a responsible media is

crucial to ensure justice to the marginalized.

Cases

Sajal Sureshkumar Jain v. State of Gujarat (Bijal Joshi Rape Case)

• Year – 2003

• Offence – Gang-Rape

• Media Coverage: – Picked up after the victim

committed suicide.

– Provided adequate updates.

• Decision Time: – 4 years 5 months – Trial Court

– 8 years – High Court

• Remarks: – Prevented influential accused to

abuse the legal machinery.

– In this case timely media intervention ensured that the police could not hush up the entire matter.

State v. Vikas Yadav and Vishal Yadav (Nitish Katara Murder)

• Year – 2002

• Offence – Murder

• Media Coverage:

– Highlighted the issue in 2006

– Regular Follow-up

• Decision Time:

– 6 years – Trial Court

– 12 years – High Court

• Remarks:

– Media played a crucial role in obtaining testimony of the key prosecution witness.

– Media brought to light the fact that accused were granted bail 66 times.

Cases

State v. Sidhartha Vashisht And Ors. (Jessica Lal Murder Case)

• Year – 1999

• Offence – Murder

• Media Coverage: – Immediate; however became

sporadic soon after.

– Heightened in 2006 when all the accused were acquitted.

• Decision Time: – 7 years 7 months – High Court.

– 11 years – Supreme Court

• Remarks: – Intervention ensured that the guilty

were brought to book.

Sushil Ansal v. State through CBI (Uphaar Tragedy)

• Year – 1997

• Offence – Causing death by negligence.

• Media Coverage: – Immediate

– Regular Follow-up

• Decision Time: – 10 years 5 months – Trial Court

– 11 years 6 months – High Court

– 16 years 9 months – Supreme Court

• Remarks: – Through this judgment it is now

possible to hold directors liable for criminal negligence.

Cases

Santosh Kumar Singh v. State through CBI

• Year – 1996

• Offence –Rape and Murder

• Media Coverage: – Post the acquittal of the accused in

2006.

– Adequate follow ups.

• Decision Time: – 4 years – Trial Court

– 10 years 9 months – High Court.

– 14 years 9 months – Supreme Court

• Remarks: – Media intervention expedited the

procedure and ensured that the guilty were convicted.

Harshad Mehta Case

• Year – 1992

• Offence – Misappropriation of funds.

• Media Coverage: – In this particular case the scam was

exposed by Ms. Sucheta Dalal, who was a financial journalist with Times of India at that point in time.

• Decision Time: – 7 years 7 months– High Court

– 11 years – Supreme Court

• Remarks: – Media highlighted Harshad Mehta’s

malpractices and loopholes in the Bombay Stock Exchange.

Cases

S.P.S. Rathore v. C.B.I. New Delhi (Ruchika Gehrotra Case)

• Year – 1990

• Offence – Molestation

• Media Coverage: – Highlighted the incident only after

Dec 2009 when the accused was given a punishment for only 6 months.

• Decision Time: – 19 years and 4 months – Trial Court

– 19 years and 9 months – CBI Court

• Remarks: – In order to punish influential people

it is imperative to have media play the role of a watchdog.

Other Cases

• Lingaram Kodopi v. State of Chattisgarh.

• Ashok Kumar Todi v. Kishwar Jahan (Rizwanur Rahman case).

• Mr. Tarun Tejpal v State of Goa.

• Saint Shri Asharam Bapu v. Union of India.

Cases

Gaps in the Existing System

• Increase in Private Ownership

• Private Treaties

• Multi-Channel Private Television – Lack of Regulatory Framework

• Newsworthiness – Intense Media Coverage only to ‘Ideal Victims’

– Also dependent on drama, action, immediacy, violence, celebrities, and sex.

Matt Wuerker Available at: http://www.theeditorialcartoons.com/

Factors Affecting Newsworthiness Galtung and Ruge (1965) Chibnall (1977) Jewkes (2004)

Threshold (Importance) - Threshold (Importance) Unexpectedness (Novelty) Novelty (unexpectedness) -

Negativity (Violent, Harmful, Deviant, Sad)

- -

Unambiguous (Clear and Definite)

Simplification (Removing Shades of Grey)

Simplification (Removing Shades of Grey)

- Dramatization (Action) -

Frequency (Timescale, Fit within News Cycle)

Immediacy (Present Fit within News Cycle)

-

Elite Centricity (powerful or famous nations or people)

Personalization (Notable Individuals, Celebrities)

-

- Structured Access

(Experts, Officials, Authority) -

Composition (Balance, Fit with Other News)

- -

Personification (Individual Focus or Causality)

Individual Pathology (Individual Causality)

Individualism (Individual Focus or Causality)

- Children (young people) Continuity (sustainability) - -

- Graphic presentation Spectacle or Graphic Imagery - Visible/spectacular acts -

Meaningfulness (Spatial and Cultural Relevance)

- Proximity

(Spatial and Cultural Relevance)

Consonance (fit with existing knowledge and expectations)

Conventionalism (Hegemonic Ideology)

Predictability (Expectedness)

Titillation (expose, scandal) - Risk (Lasting Danger)

- Sexual/ Political Connotations Sex

- Deterrence and Repression Conservative Ideology or Political

Diversion (Deterrence, Distraction from Wide problems)

Suggestions • Mandatory Disclosure of Equity Shares owned by

Media Houses.

• Self-Regulation – Fair and Objective Journalism.

• Press Council of India

– power to receive complaints and grievances against broadcast media.

– penalizing powers.

• Independent Regulatory Authority

– A one stop shop for adjudicating complaints against all news media.

“When the conspiracy of lies surrounding me demands of me to silence the one word of truth given to me, that word becomes the one word I wish to utter above all others.”

- Andre P. Brink

Questions | Comments | Suggestions