Is Indian Media Misusing It’s FREEDOM OF EXPRESSION!A LOGICAL AND CRITICAL ANALYSIS OF THE PRESENT STATE OF AFFAIRS, THE REASON BEHIND THEM, AND THE WAY AHEAD

27th May 2017

-By Prakhar Jain

WHO CONSTITUTE INDIAN MEDIA?

• Media of India consist of several different types of communications media:

• television,

• radio,

• cinema,

• newspapers,

• magazines, and

• Internet-based Web sites

• The most Influential ones are the Television and the Print Media, and, the Internet media plays savior

Freedom of Expression – The origin of this right

• The Constitution of India provides the right of freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.

• The right to freedom in Article 19 guarantees the Freedom of speech and expression, as one of its six freedoms.

• Another important clarification here is that, the constitution of India does not specifically mention the freedom of press. Freedom of press is implied from the Article 19 of the Constitution.

Restrictions to Freedom of Expression

• Article 19(2) of the Constitution.

• Government may make law to restrict Freedom of Expression, if the it thinks that it is necessary-• In the interests of the sovereignty and integrity of India

• The security of the State

• Friendly relations with foreign States

• Public order, decency or morality

• Or in relation to contempt of court, defamation or incitement to an offence

I&B Ministry’s token ban on NDTV India

• An Inter-ministerial committee (IMC) of the Information and Broadcasting ministry

• During the Coverage of PathankotAttacks

• Noted with “grave concern” -channel had “revealed sensitive details like

• location of ammunition depot

• the place where terrorists were held up

• location of school and residential areas

Indian media 2nd least trusted among the world media

• According to an online TRUST survey by “Edelman”, though the trust has improved over the years, it is still the 2nd most untrusted in the world

• There is a visible distrust even in social media

• A number of websites have come up, that debunk mainstream media lies/ fake news on a regular basis

THERE IS THIS WEBSITE CALLED “OPINDIA.COM”, WHICH HAS A COMPLETE LIST OF VARIOUS INSTANCES WHEN THE MEDIA “LIED” TO US

Just the fact that such a list exists, is proof of the fact that media is definitely not in the right track

Another Issue – Media Trial influenced courts

• Sensational journalism is a reality of Media industry, for the sake of TRP explicit details of the sexual offence are divulged in public domain which results in impinging of victim’s Right to privacy or unfair denunciation of an alleged assailant as was the case in Nirbhaya Case

• Even Delhi HC judge agreed that media trials indeed influences Judges and puts pressure on them

The Sheena Bohra Murder case

• With the case of Sheena Bohra murder, the excruciating eyes of the media have pierced the personal life of the main accused IndraniMukherjea which has kicked in a fresh debate on the issue of media trial of the accused.

• Every aspect of her personal life and character which have nothing to do legally with the investigation of the murder are under public lens of scrutiny via the media.

• The ethics of journalism have been again in a controversial area due to their prying eyes on the accused.

What’s the problem with Media Trials, and how its actually a misuse of Freedom of Expression

• Through media trial, we have started to create pressure on the lawyers even — to not take up cases of accused, thus trying to force these accused to go to trial without any defense.

• Trial by media has created a “problem” because it involves a tug of war between two conflicting principles – free press and free trial

• The “Right to Fair Trial”, i.e., a trial uninfluenced by extraneous pressures is recognized as a basic tenet of justice in India

Selective Coverage of Issues – Freedom of Expression?

• The Rural Urban divide

• The Delhi Factor

• Minority versus Majority

• More Negative News, less positive news

• Left leaning tendencies

• Control by profit houses or people with vested interests

Some Hilarious Indian Media Fails and LiesSOURCE : HT TP://WWW. DAI LYMOSS.COM/FUNNY -B LOOPERS -AND - L IES -MADE -BY- I NDI AN- MEDI A/

India Today published this fake news as real breaking news

Where is Michelle OBAMA? Is she aware of this?

You cannot fool people so easily!

The Contest where everyone is No. 1

Overall Opinion – Lack of Accountability

• Any wrong news in newspaper, a small declaration at an unknown place with no responsibility

• Paid news can’t be differentiated from real news

• Twisting of facts is unprovable, hence media gets away (SC Judge –Daughter Liability Case)

• Lack of regulation, due to fear of outrage

• But people are increasingly getting alert and switching to more accountable options

Why things will counter-balance over time

• The Existence of Freedom of Expression implies that new alternatives will always come up, and as people get more aware, media houses would be forced to either introspect and remove biased/ fake news and other malpractices or perish

• The emergence of social media has a big role to play in raising general awareness, and bringing about an information revolution

Concluding Remarks• THERE IS A CERTAIN DEGREE OF MISUSE OF

FREEDOM OF EXPRESSION BY THE INDIAN MEDIA• THE IMPROVEMENT WILL AUTOMATICALLY

OCCUR AS PEOPLE BECOME MORE AWARE AND INFORMED