Chapter 16 Media Ethics 16.1 INTRODUCTION Ethics need to be part and parcel of all the professions. It is even more needed to be followed by media professionals to keep the image of media as “fourth estate’ intact. According to Webster’s New World Dictionary, ‘ethics’ is a system or code of morals, of a Particular person, religion, group, profession, etc. Ethics, according to the Macquarie Dictionary, is a system of moral principles, by which human actions and proposals may be judged good or bad or right or wrong. Dictionary.com defines ethics as: eA theory or a system of moral values: “An ethic of service is at war with a craving for gain”. © The rules or standards governing the conduct of a person or the members of a profession. Etymologically, “ethics” comes from the Greek “ethos” meaning “character” which denotes a set of principles or standards for correct conduct and reliable character within society. Ethics refers to principles that define behaviour as right, good and proper. Ethics asks what we should do in some circumstance, or what we should do as participants in some form of activity or profession. Ethics is the difficult practical ta! ever new and changing circumstances. and better ethical responses (0 pro! sk of applying norms and standards to Ethics is the process of inventing new blems and conflicts. 162 ETHICS vs. LAW ion similar to how it a sg by the government of a nation simi Paani oF jours Ge nation. Laws like defamation, contempt of 's imposed on all the citi7e feck the excesses and errors of the ie exist to chi Court, contempt of paral oe well aware of all these and hence they are Journalists. Seasoned JO! 177178 # Media Law and Ethics mostly cautious of media law, when they write an article or report of an event. Ethics on the other hand need to be self-imposed. What may not be illegal may be unethical. 16.3 ETHICS vs. PRINCIPLES OF JOURNALISM Principles of journalism deal with how news should be got from various sources and reported. Ethics are the moral principles involved in news reporting and coverage. 16.3.1 Code of Ethics A journalist needs to have certain moral principles to be followed in his/her profession which could be termed ‘professional ethics’. Ethics could not be forced on anyone but each professional “Codes of Ethics” or “Codes of Conduct” can be seen as rules of practice, or an ethical framework, in respect to a certain category of human actions. Ethical guidelines are peculiar to each profession and are designed to prevent the abuse or unrestrained use of the Powers and privileges of that profession. Ethics tend to be codified into a formal system or set of rules which are explicitly adopted by a group of people. Many newspapers in India have formulated their own code of ethics for their employees to follow. Gone are the days when journalism was considered to be an idealistic Profession and pen’s mightiness over sword was well-maintained, Now the Journalists as well as the society has accepted that journalism is just another Profession and media organizations are considered to be business ventures who compete with each other to win the race and be ahead in ratings, The rising popularity of electronic media and their giving utmost importance to entertainment aspect has paved the way for this sort of unhealthy competition. Even in such a scenario, some basic ethical considerations need to be Kept in mind by the journalists. Objectivity: A newspaper or channel might be having affiliation towards a particular political party or a business group. But, in news reporting, such priorities of the media organizations should not get reflected. Also, the reporter of a news item should also be careful that his individualistic opinions should not form part of the report. On the whole, views and news need always to be separated if objectivity has to be maintained by the journalists. Conflict of interests: When there is a conflict of interests, ie. when Public interest and the interest of a particular media organization may not go hand in hand in certain instances. Still, priority needs to be given to the public interest and not business interests,Fr Crass commercialism: Crass commercialism must be avoided, i.e. indulging in unfair practices like obscene scenes, pictures and writings must pe totally given up. That such portrayal would spoil the mind of the youngsters and children should be kept in mind by the media. Chapter 16: Media Ethics * 179 Sensationalism: Sensationalizing the events/happenings needs to be avoided by an ethical journalist. Especially in times of communal clashes and disasters, there is a rush and anxiety among the people to know the latest news. Instead of cashing on such expectations, media should see to that the reporting should be in such a way that it does not aggravate the clashes or create unnecessary fear in minds of the people about a disaster. The temptation to give the latest news and be ahead in the ratings need to be overcome by the concer for societal order. Privacy: Itis true that sources are needed for breaking news but at the same time their privacy also should be respected and safeguarded and should not be taken for granted by media. Obscenity: Extreme care must be taken by journalists that obscene words and depiction are avoided especially while reporting crime and involving women. Bribes/Gifts: Not accepting bribes/gifts, even when voluntarily given, is the norm of an ethical journalist. Not just the journalists, but each and everybody involved in media business right from advertisers, marketing department and non-working journalists need to follow ethics if media ethics need to be safeguarded. 16.3.2 Print Media Press Council of India (PCI) has formulated Code of Ethics for press in Indi The excerpts from the Press Council’s code of ethics: Press council’s code of ethics (1) Principles and ethics: The fundamental objective of journalism is le with news, views, comments and information on 10 Sere ne ore Merest in a fait, accurate, unbiased, sober and matters of public interes ee ee ee ae ae of professionalism universally itself i ing with certain a ise in eRe norms enunciated below and ote spe Tiras op pended shanatemmecasenye® an te scene oe edegtnon to the varying circumstance of each case, ip ee is or her conduct. ie fi jif-regulate his 01 _ eee f cairess: ‘The Press shall eschew publication of (2) Accuracy and fal e Sr aseless, graceless, misiea istorted material. All accurate, graceless, leading or distorted , bi .180% Media Law and Ethics sides of the core issue or subject should be reported. Unjustified rumours and surmises should not be set forth as facts. (3) Pre-publication verification: On receipt of a report or article of public interest and benefit containing imputations or comments against a citizen, the editor should check with due care and attention its factual accuracy apart from other authentic sources with the person or the organization concerned to elicit his/her or its version, comments or reaction and publish the same with due amendments in the report where necessary. In the event of lack or absence of response, a footnote to that effect should be appended to the report. (4) Caution against defamatory writings: Newspaper should not publish anything which is manifestly defamatory or libellous against any individual organization unless after due care and checking, they have sufficient reason to believe that it is true and its publication will be for public good. (5) Truth is no defence for publishing derogatory, scurrilous and defamatory material against a private citizen where no public interest is involved. (6) No personal remarks which may be considered or construed to be derogatory in nature against a dead person should be published except in rare cases of public interest, as the dead person cannot possibly contradict or deny those remarks, (7) The Press shall not rely on objectionable past behaviour of a citizen for basing the scathing comments with reference to fresh action of that person. If public good requires such reference, the Press should make pre-publication inquiries from the authorities concerned about the follow up action, if any, in regard to those adverse actions. (8) The Press has a duty, discretion and right to serve the public interest by drawing reader’s attention to citizens of doubtful antecedents and of questionable character but as responsible journalists they should observe due restraint and caution in hazarding their own opinion or conclusion in branding these persons as ‘cheats’ or ‘killers’ etc. The cardinal principle being that the guilt of a person should be established by proof of facts alleged and not by proof of the bad character of the accused. In the zest to expose, the Press should not exceed the limits of ethical caution and fair comments. (9) Where the impugned publication are manifestly injurious to the Teputation of the complainant, the onus shall’ be on the respondent comment made in good faith and for public! (10) Parameters of the right of the Press on the acts and conduct of public officials: So fatvas the government, localons exercising governmental authority and other organs/instituti for damages for concerned, they cannot maintain a suit Mit relevant to the discharge of their offical duties n was made with diciary which is power are c acts and con unless the official establishes that the publication reckless disregard for the truth. However, ju protected by the power to punish for contempt of court and the Parliament and Legislatures, protected as their privileges are by Articles 105 and 194 respectively, of the Constitution of India, represent exception to this rule. (11) Publication of news or comments/in! conducting investigations should have a te! commission of offences or to impede the prevention or dete offences or prosecution of the guilty. TI he investigative agency is also under a corresponding obligation not to leak out or disclose such information or indulge in disinformation. (12) The Official Secrets Act, 1923 or any other similar enact! provision having the force of law equally bind the press or media though there is no law empowering the state or its officials to prohibit, or to impose a prior restraint upon the Press/media. jcting good humour are to be placed (13) Cartoons and caricatures in depi in a special category of news that enjoy more liberal attitude. (14) Right to privacy: The Press shall not intrude or invade the privacy of an individual unless ‘outweighed by genuine overriding public interest, not being a prurient or morbid curiosity. So, powever, that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by Press and media among others. Explanation: Things concerning person’s home, family, religion, heutth, sexuality, personal life and private affairs are covered by the concept of PRIVACY excepting where any of these impinges upon the public or public interest. ‘dentification: While reporting crime involving rape, abduction of kidnap of women/females or sexual assault on children, or raising doubts and questions touching the chastity, angpal character and privacy of women, the names, photographs Peres victims or ther particulars leading to their identity shall not be published. inor children and infants who are the offspring of sexual abuse or (16) Mi Ta ‘forcible marriage’ or illicit sexual union shall not be identified or photographed. (17) Recording interviews and phone conversation: The Press shall not tape-record anyone's conversation without that person's i ts, formation on public officials ndency to help the ction of ment OF (15) Caution against i182 # Media Law and Ethics (18) (9) (20) 1) (22) (23) (24) (25) (26) (27) t, except where the recording is necessary to knowledge or consen' hi for other compelling good protect the journalist in a legal action, or reason. ‘The Press shall, prior to publication, delete offensive epithets used by an interviewer in conversation with the Press person. Intrusion through photography into moments of personal grief shall tims of accidents or be avoided. However, photography of vict natural calamity may be in larger public interest. Newspaper should not pass on or Conjecture, comment and fact: omment as a statement of fact, elevate conjecture, speculation or c* All these categories should be distinctly stated. Newspapers to eschew suggestive guilt: Newspapers should eschew suggestive guilt by association. They should not name or identify the family or relatives or associates of a person convicted or accused of a crime, when they are totally innocent and a reference to them is not relevant to the matter reported. It is contrary to the norms of journalism for a paper to identify itself with and project the case of any one party in the case of any controversy/dispute. Corrections: When any factual error or mistake is detected or confirmed, the newspaper should publish the correction promptly with due prominence and with apology or expression of regrets in a case of serious lapse. ‘ Right to reply: The newspaper should promptly and with due prominence, publish either in full or with due editing, free of cost, at the instance of the person affected or feeling aggrieved/or concerned by the impugned publication, a contradiction/reply/ clarification or rejoinder sent to the editor in the form of a letter or note. If the editor doubts the truth or factual accuracy of the contradiction/reply/clarification or rejoinder, he shall be at liberty © add separately at the end a brief editorial comment doubting its veracity, but only when this doubt is reasonably founded on unimpeachable documentary or other evidential material in his/ her possession. This is a concession which has to be availed of sparingly with due discretion and caution in appropriate cases. However, where the reply/contradiction or rejoinder is being Published in compliance with the discretion of the Press Council, it is permissible to append a brief editorial note to that effect. Right of rejoinder cannot be claimed throught the medium of Press Conference, as publication of a ne conference is within the discretionary powers of an “to a Freedom of the Press involves the re Tight to know all sides ofChapter 16 : Media Ethics # 183 an issue of public interest. An editor, therefore, shall not refuse to publish the reply or rejoinder merely on the ground that in his pinion the story published in the newspaper was true, That is an jssue to be left to the judgement of the readers. It also does not pehove an editor to show contempt towards a reader. (28). Letters to editor: An editor who decides to open his columns for Jetters on a controversial subject, is not obliged to publish all the letters received in regard to that subject. He is entitled to select and publish only some of them either in entirety or the gist thereof. However, in exercising this discretion, he must make an honest endeavour to ensure that what is published is not one-sided but represents a fair balance between the views for and against with respect to the principal issue, in controversy. (29) In the event of rejoinder upon rejoinder being sent by two parties on a controversial subject, the editor has the discretion to decide at which stage to close the continuing column. (30) Obscenity and vulgarity to be eschewed: Newspapers/journalists shall not publish anything which is obscene, vulgar or offensive to public good taste. (31) Newspapers shall not display advertisements which are vulgar or which, through depiction of a woman in nude or lewd posture, provoke lecherous attention of males as if she herself was a commercial commodity for sale. (32) Whether a picture is obscene or not, is to be judged in relation to three tests; namely,— (i)_ Is it vulgar and indecent? ii) Is ita piece of mere pornography? iii) Is its publication meant merely to make money by titillating the sex feelings of adolescents and among whom it is intended to circulate? In other words, does it constitute an unwholesome exploitation for commercial gain. Other relevant considerations ‘are whether the picture is relevant to the subject matter of the magazine. That is to say, whether its publication serves any preponderating social or public purpose, in relation to art, painting, medicine, research or reform of sex. (33) Violence not to be glorified: |Newspapers/journalists shall avoid Presenting acts of violence, armed robberies and terrorist activities in a manner that glorifies the perpetrators, acts, declarations or death in the eyes of the public. (34) Glorification/encouragement of social evils to be eschewed: ‘Newspapers shall not allow their columns to be misused for writings which have a tendency to encourage or glorify social evils like Sati Pratha or ostentatious celebrations.Media Law and Et ee — — eeee—eEeEe (35) (36) (37) (38) (39) (40) 1) (42) Covering communal disputes/elashes: News, views or comments relating to communal or religious disputes/clashes shall be published after proper verification of facts and presented with due caution and restraint in a manner which is conducive to the creation of an atmosphere congenial to communal harmony, amity and peace, Sensational, provocative and alarming headlines are to be avoided, ‘Acts of communal violence or vandalism shall be reported in a manner as may not undermine the people's confidence in the law and order machinery of the State, Giving community-wise figures of the victims of communal riot, or writing about the incident in a style which is likely to inflame passions, aggravate the tension, or accentuate the strained relations between the communities/religious groups concerned, or which has a potential to exacerbate the trouble, shall be avoided. Headings not to be sensational/provocative and must justify the matter printed under them. In general and particularly in the context of communal disputes or clashes— (a) Provocative and sensational headlines are to be avoided; (b) Headings must reflect and justify the matter printed under them; () Headings containing allegations made in statements should either identify the body or the source making it or at least carry quotation marks. Caste, religion or community references: In general, the caste identification of a person or a particular class should be avoided, particularly when in the context it conveys a sense or attributes a conduct or practice derogatory to that caste. Newspapers are advised against the use of word ‘Scheduled Caste’ or ‘Harijan’ which has been objected to by some persons. An accused or a victim shall not be described by his caste or community when the same does not have anything to do with the offence or the crime and plays no part either in the identification of any accused or proceeding, if there be any. Newspaper should not publish any fictional literature distorting and portraying the religious characters in an adverse light trans- gression of the norms of literary taste and offending the religious susceptibilities of large sections of society who hold those characters in high esteem, invested with attributes of the virtuous and lofty. Commercial exploitation of the name of prophets, seers or deities is Tepugnant to journalistic ethics and good taste. Reporting on natural calamities: Facts and data relating to spread of epidemics or natural calamities shall be checked up“her 16 : Media Ethics, ® 185 thoroughly from authentic Source: 'S and thet restray nm a manner bereft of surmises or un N published with due Verified facts, Sensationalism, exaggeration, (43) Paramount n; ational interest; self-regulation, l * Newspapers shall, as a matter of ' €xercise due Testraint and caution in Presenting any Ss comment or information which jen i endanger or harm the Paramount j Or the rights of j with tes Testrictions may be ji speech and iturin C*P*ssion under Clay Constitution of India, (4) Publication of ro (46) Investigative journalism, its norms and Parameters: Investigative Teporting has three basic elements, (a) It has to be the work of the reporter, not of others he is reporting; (b) The subject should be of Public importance for the reader to know; (©) An attempt is being made to hide the truth from the People. The first norm follows as a necessary corollary from investigative reporter should, as a rule, base his story a Brae pee detected and verified by himself and not hearsay or on derivative evidence collected by a third Party, a i tuthentic sources by the Teporter not checked up from direct, at himself. : | ii i flict between the factors which require 2 ae ce which necessitate secrecy, the investigative journalist should strike and maintain in his report 2 balance between openness on the one hand Ape the other, placing the public good above and s everything. journalist should resist the temptation iii investigative, journalist sho 2 7” ‘ ae oe quick gains conjured up from half-baked of qui“= 1B6 © Media Law and Ethics incomplete, doubtful facts fully checked up ag verified trom authentic sources by the reporter himself Imaginary facts. or ferreting out or conjectuting the nog. existent should be scrupulously avoided. Facts facts and ye more facts are vital and they should be checked and exo checked whenever possible until the moment the paper poe, to Press. The newspaper must adopt strict standards of faimess ang accuracy of facts. Findings should be presented in as objective manner. without exaggerating or distoring, the would stand up in a court of law. if necessary, (vi) The reporter must not approach the matter or the issue under investigation. in 2 manner as though he were the Prosecutor or counsel for the prosecution. The reporter's approach should be fair, accurate and balanced. All facts Properly checked up, both for and against the core issues, should be distinctly and separately stated, free from any one-sided inferences or unfair comments. The tone and tenor of the report and its language should be sober, decent and dignified, and not needlessly offensive, barbed, derisive or castigatory, particularly while commenting on the version of the person whose alleged activity or misconduct is being investigated. Nor should the investigative reporter conduct the proceedings and pronounce his verdict of guilt or innocence against the person whose alleged criminal acts and conduct were investigated, in a manner as if he were a court trying the accused. (vii) In all proceedings including the investigation, presentation and publication of the report, the investigative journalist newspaper should be guided by the paramount principle of criminal jurisprudence, that a person is innocent unless the offence alleged against him is proved beyond doubt by independent, reliable evidence. (viii) ‘The private life, even of a public figure, is his own. Exposition or invasion of his personal privacy or private life is not permissible unless there is clear evidence that the wrong doings in question have a reasonable nexus with the misuse of his public position or power and has an adverse impact on public interest. (ix) Though the legal provisions of Criminal Procedure do not in terms, apply to investigating proceedings by a joumalist, the fundamental principles underlying them can be adopted as a guide on grounds of equity, ethics and good conscience. ; liv, wv(48) (49) (50) (4) Confidence to be respected: If information # 5 receive confidential source, the confidence hould be respecte journalist cannot be compelled by the P source; but it shall not be regarded as a bi if the source 1S voluntarily disclosed in proceedings Council by the journalist who considers it necessar effectively a charge against him/her. This ™! 7 newspaper not to publish matters disclosed to it in confidence, #5 applicable where: (a) consent of the source is subsequent (b) the editor clarified by way of an app! the publication of certain matters were in the Pp s information in question was being published although it had been made ‘off the record’. Caution in criticizing judicial acts: Excepting where the sits ‘in-camera’ or directs otherwise, it js open to a newspaper [0 report pending judicial proceedings, in a fair, accurate and reasonable manner. But it shall not publish anything: fe which, in its direct and immediate effect, creates 2 substantial risk of obstructing, impeding or prejudicing seriously the due administration of justice; or fe which is in the nature of a running commentary OF debate, or records the paper's own findings conjectures, reflection oF Ee pee ‘and which may amount to vom to the newspaper the functions of the court; or faracter of the accused standing trial on a charge of committing @ crime. Newspaper shall not as a matter of caution, publish or comment on evidence collected as a result of investigative journalism, when, after the accused is arrested and charged, the court becomes seized of the case: Nor should they reveal, comment upon or evaluate a confession allegedly made by the accused. While newspapers may, i the public interest, make reasonable Pevgial act or the judgement of a court for public 1 not cast scurrilous aspersions on, or impute or personal bias to the judge. Nor shall they ize the court OF the judiciary as a whole, or make personal 7 f lack of ability or integrity against a judge. Newspaper shall, as a matter of caution, avoid unfair and unwarranted criticism which, by innuendo, attributes to a jud; jderation for performing an act in due course of re extraneous cons! f her judicial functions, even if such criticism does not strictly amount to criminal Contempt of Court. ly obtained; OF ropriate footnote 1 court188% Media Law and Ethics (51) (52) (53) (54) (55) (56) (57) (58) (59) (60) Newspapers to avoid crass commercialism: While newspapers are entitled to ensure, improve or strengthen their financial viability by all legitimate means, the Press shall not engage in crass commercialism or unseemly cut-throat commercial competition with their rivals in a manner repugnant to high professional standards and good taste. Predatory price wars/trade competition among newspapers, laced \with tones disparaging the products of each other, initiated and carried on in print, assume the colour of unfair “tade" Practice, repugnant to journalistic ethics. The question as when it assumes such an unethical character, is one of the facts depending on the circumstances of each case. Plagiarism: Using or passing off the writings or ideas of another ‘as one’s own, without crediting the source, is an offence against ethics of journalism. Unauthorised lifting of news: The practice of lifting news from other newspapers publishing them subsequently as their own, ill- comports the high standards of journalism. To remove its unethivality the ‘lifting’ newspaper must duly acknowledge the source the report. The position of features articles is different from ‘news’: Feature articles shall not be lifted without permission and proper acknowledgement. The Press shall not reproduce in any form offending portions or excerpts from a proscribed book. Non-return of unsolicited material: A paper is not bound to return unsolicited material sent for consideration of publication, However, when the same is accompanied by stamped envelope, the paper should make all efforts to return it. Advertisements: Commercial advertisements are information as much as social, economic or political information, What is more, advertisements shape attitude and ways of life at least as much, as other kinds of information and comment. Journalistic propriety demands that advertisements must be clearly distinguishable from editorial matters carried in the newspaper. Newspaper shall not publish anything which has a tendency to malign wholesale or hurt the religious sentiments of any community or section of society. Advertisements which offend the provisions of the Drugs and Magical Remedies (Objectionable Advertisement) Act, 1954, should be rejected. Newspapers should not publish an advertisement containing anything which is unlawful or illegal, or is contrary to good taste or to journalistic ethics or proprieties. :r Le # 189 ify the (61) Newspapers while publishing advertisements, shall speci ‘amount received by them. The rationale behind this is that avertisements should be charged at rates usually chargeable BY 2 newspaper since payment of more than the normal rates would amount to a subsidy to the paper. (62) Publication of dummy advertisements that have neither been paid for, nor authorized by the advertisers, constitute breach of journalistic ethics. (63) Deliberate failure to publish an a newspaper offends against the standards of journalisti constitutes gross professional misconduct. (64) There should be no lack of vigilance or a communication BaP between the advertisement department and the editorial department of a newspaper in the matter of considering the propriety oF otherwise of an advertisement received for publication. (65) The editors should insist on their right to have the final say in the acceptance or rejection of advertisements, specially those which border on or cross the line between decency and obscenity. (66) An editor shall be responsible for all matters, including advertise- ments published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand. Advertisement in all the copies of @ ic ethics and All India Newspapers Editors’ Conference (AINEC) code of ethics The Code of Ethics, formulated by the All India Newspapers Editors’ Conference, is applicable to its members. The code states: LAs the press is @ primary instrument in the creation of public opinion, journalists should regard their calling as a trust and be eager to serve and guard their public interests. In the discharge of their duties, journalists should attach due value to fundamental, human and social rights and shall hold good faith and fair play in news reports and comments as essential professional obligations. 3, Journalists should observe special restraint in reports and comments dealing with tensions, likely to lead, or leading to civil disorder, (a) Journalists shall particularly observe maximum restraint in publishing reports and comments relating to communal tension, Tacidents, riots incipient situations likely to lead to communal disturbances. The identification of communities which may lead to chain reactions should be avoided. ‘ould endeavour at all times to promote the unity of nd nation, pride in the country, its people, its in diversity. Journalists should be (b) Journalists sh the country a achievements and its strength i ag190 Media Law and Ethic 10. UL. 12. 13, 14, 15, most circumspect in dealing with movements and ideas which promote regionalism at the cost of national unity, — (©) Any reportage on ideas of fresh partition and secessionism must be treated with the greatest caution. Any comment likely to give comfort to the proponents of such ideas and further their interests should be avoided. The integrity of the country and of Indian peoples must be considered sacrosanct and beyond question. Journalists should endeavour to ensure that information disseminated is factually accurate. No fact shall be distorted or the essential facts deliberately omitted. No information known to be false shall be published. Responsibility shall be assumed for all information and comments published. If responsibility is disclaimed, this will be explicitly stated. Confidences shall always be respected. Professional secrecy must be preserved. Any report found to be inaccurate and any comment on inaccurate reports shall be voluntarily rectified. It shall be obligatory to give fair publicity to a correlation of contradiction when a report published is shown to be false or inaccurate in material particulars. Journalists shall not exploit their status for non-journalistic purposes. Journalists shall not allow personal interest to influence professional conduct. There is nothing so unworthy as the acceptance or demand of a bribe or inducement for the exercise by a journalist of his power to give or deny publicity to news or comments. Freedom in the honest collection and publication of news and facts and the rights of their comments and criticism and principles which every journalist should always defend. Journalists shall be very conscious of their obligation to theit fellows in the profession and shall not seek to deprive fellow- Journalists of their livelihood by unfair means. The carrying on of personal controversies in the press in which no Public interest is involved shall be regarded as derogatory to the dignity of the profession, 1 is unprofessional to give currency to rumours or loose talk affecting the private life of individuals. Even verifiable news affecting the private life of individuals shall not be published unless the public interest as distinguished from public curiosity demands its publication, The Press shall refrain from publishing matters likely to encourage vice and crime. * icChapter 16: Media Ethics ® 19% $$ Ghoprer 16: Media Ethics_® 191 164 ADVERTISING 16.4.1 Code for Commercial Advertising Over All India Radio Scope (a) The Director General, All India Radio, shall be the sole judge of the suitability or otherwise of an advertisement or a sponsored programme for broadcast, his decision in this regard shall be final. Broadcast time shall be sold to the Advertiser/Advertising Agencies at the sole discretion of the Director General, All India Radio, according to the prescribed rates. The advertisement must be clearly distinguishable from the programme. A sponsored programme shall constitute a substantive broadcast/ Programme, as distinct from material which directly advertise any specific wares or goods/products/services. The name of the sponsor shall be broadcast immediately before and after the sponsored programme. ©) © (d) The sponsor shall, however, undertake to indemnify All India Radio against any legal claim that may be brought against it as a result of the broadcast of a sponsored programme or any portion thereof, Advertising is an important and legitimate means for the seller to awaken interest in his goods and services. The success of advertising depends ‘on public confidence; hence no practice should be permitted which tends to impair this confidence. The standards laid down here should be taken as minimum standards of acceptability which would be liable to be reviewed from time to time in relation to the prevailing norm of listener's susceptibilities. The following standards of conduct are laid down in order to develop and promote healthy advertising practices in All India Radio. Responsibility for the observance of these rules rests equally upon the advertiser and the advertising agency. All those engaged in advertising are strongly recommended to familiarize themselves with the legislation affecting advertising in this country, particularly the following Acts and the Rules framed under them: 1. Drugs and Cosmetics Act, 1940 2. Drugs Control Act, 1950 _ / 3. Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 _ 4. Copyright Act, 19! 5, Trade and Merchandise Marks Act, 1958192 # Media Law and Ethics 6. Prevention of Food Adulteration Act, 1954 7. Pharmacy Act, 1948 8. Prize Competition Act, 1955 9, Emblems and Names (Prevention of Improper Use) Act, 1950 10. Consumer Protection Act, 1986 11. Indecent Representation of Women (Prohibition) Act, 1986 12. AIR/Doordarshan Code 13. Code of ethics for advertisement in India issued by the Advertising Council of India 14, Code of standards in relation to the advertising of medicines and treatments 15, Standards of practice for advertising agencies (The list is illustrative and not exhaustive). 16.4.2 The Code General rules of conduct in advertising 1, Advertising shall be designed as to confirm to the laws of the country and should not offend against morality, decency and religious susceptibilities of the people. No advertisement shall be permitted which: (i) derides any race, caste, colour, creed and nationality; (ii) is against any of the directive principles, or any other provision of the Constitution of India; ii) tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way; (iv) presents criminality as desirable; (v) adversely affects friendly relations with foreign States; (vi) exploits the national emblem, or any part of the constitution or the person or personality of a national leader or State Dignitary: (vii) relates to or promotes cigarettes and tobacco products, liquor, wines and other intoxicants; 3. No advertisements message shall in any way be presented as news. 4. No advertisements shall be permitted the objects whereof are wholly or mainly of a religious or political nature; advertisement must not be directed towards any religious or political end or have relation to any industrial dispute. 5. Advertisements for services concerned with the following shall not be accepted: (Money lenders; (i) Chit funds; (ii) Saving schemes and lotteries other than those conducted by ii~# 193 Chapter 16 : Media Ethics Central and State Government organizations, nationalized oF recognized banks and public sector undertakings: (iv) Matrimonial agencies; (4) Unlicenced employment services: Jaims of (ei) Fortune-tellers or sooth-sayers ete. and those with cl hypnotism; (wii) Foreign goods and foreign banks. (viii) Betting tips and guide books ete. relating & other games of chance. 6. The items advertised shall not suffer from any defect as mentioned in Consumer Protection Act 1986. 4. No advertisement shall contain reference which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved. €-8: cure for bi skin whitener, etc. 8, No advertisement shall contain the words Guarantee or Guaranteed etc., unless the full terms of the guanrantes are available for inspection by the Directorate General, All Tndia Radio, are clearly set out in the advertisement and are made available to the purchaser in the writing at the point of sale or with the goods; in all cases, terms must include details of the remedial action available to the purchaser, No advertisement shall contain a direct or implied Piference to any guarantee which purports t0 take aay or diminish the legal rights of the purchaser. 9, Advertisers othe agents must be prepared fo produce evidence to erbatantiate any claims or illustrations. The Director General seserves the right 10 ask for such proofs and Bet them examined to his full satisfaction. In case of goods covered by mandatory quality Control orders, the advertiser shall produce quality certificate from the institutions recognized by the Government for this purpose. 10, Advertisements shall not contain disparaging or derogatory references to another product oF service. 11, Testimonials must be genuine and used in a manner not to mislead the listeners. Advertisers OF advertising agencies must be prepared to produce evidence in support of their claims. 12, No advertisement of any kind of jewellery (except artificial jewellery) oF precious stones shall be accepted. 13, Information to consumers on matters of weight, quality or prices of products where given shall be accurate. 14, Advertisements indicating price comparisons or reductions must comply with relevant laws. 15. No advertisement shall be accepted which violates AIR Broadcast Code. 0 horse-racing of the t or deficiency= 194 # Media Law and Ethics rare 16. Any such effects which might startle the listening public must not be incorporated in advertisements. For example, and without limit. ing the scope, the use of the following sound effects will not be permitted: © Rapid gunfire or rifle shots; © Sirens; ¢ Bombardments; © Screams; Raucous laughter and the like. 17. Any pretence in advertising copy must be avoided and such copy shall not be accepted by All India Radio, The simulation of voices of a personality in connection with advertisements for commercial products is also prohibited unless bona fide evidence is available that such personality has given permission for the simulation and it is clearly understood that station broadcasting such announcements are indemnified by the advertiser or advertising agency against any possible legal action. 18. No advertising for a product or service shall be accepted if it suggests in any way that unless the children themselves buy or encourage other people to buy the products or services, they will be failing in their duty or lacking in loyalty to any person or organization. 19, No advertisement shall be accepted which leads children to believe that if they do not own or use the product advertised they will be inferior in some way to other children or that they are liable to the condemned or ridiculed for not owning or using it, 20. No advertisement likely to bring advertising into contempt or disrepute shall be permitted, Advertising shall not take advantage of the superstition or ignorance of the general public. 21. No advertising of talismans, charms and character-reading from Photographs or such other matter as well as those which trade on superstition of general public shall be permitted. 22, Advertising shall be truthful, avoid distorting facts and misleading the public by means of implications by false statements, as to: .¢. its utility, materials, ingre- (@_ the character of the merchandise, dients, origin etc. Gi) the price of the merchandise, its value, its suitability or terms of purchase. (ii) the services accompanying purchase, including delivery, exchange, return, repair, upkeep etc. (iv) personal recommendations of the article or service. . (v) the quality or the value of competing goods or trustworthiness of statement made by others.a en wind from experts ee other than Government i erie ardization agencies shall not be permitted. E isement shall be permitted (0 contain any claim $0 exaggerated as to lead inevitably to disappointment in the minds of the public. a Methods of advertising designated to create confusion in the mind ‘of the consumer ‘as between goods by one maker and another maker and shall not be used. Such methods may consist in: are unfair f the trademark of the name of competition oF (i) the imitation 0 packaging oF jabelling of goods; oF Gi) the imitation of advertising devices, copy, layout oF slogans. 26. Indecent, vulgar, suggestive, repulsive oF offensive themes or vey advertisements. THiS aIs0 applies nable treatment shal to such advertisements W i are not objectior as defined above, put which advertise objectionable books, photo- yphs oF other matter and thereby Jead to their sal i i 21. No advertisement in respect of medicines and tre accepted which is in contraventi de relating t0 stand: of advertising medicines and treatments (given il In all other respect, the Director General will be guided for 1 India Radio by Code of Ethics Note I: yurposes of commercial broadcasting in All odified from time to time (relevant excerpts for Advertising in India as given in annexure D Notwithstanding anything © Note II: subject to such modification/direetions 3 may General from time to time. Note 1: All advertising agencies shall adhere to the standards of practice as prescribed by ‘advertising Agencies ‘Association of India, Bombay (given in annexure mm). this code is contained herein, the Director be made/issued by OR THE ENFORCEMENT OF 16.5 PROCEDURE F THE CODE Complaints oF reports on con! All India Radio may in the General to ‘Advertiser's Associ suitable action. if ‘complaints Code cannot be satisfactorily resolved at ssociation(s)'S evel, they shall be reported to Director General who ‘will then consider suitable action. 3, For any complaints under the Code received by All India Radi rncerning & Paty wide a pegeyete Sans iran traventions of the code, received by first instant be referred by Director tion concerned with request for196 # Media Law and Ethics Association(s), the Director General will draw attention of such party to the complaint and where necessary, take suitable action on his own. 16.6 CODE FOR COMMERCIAL ADVERTSING ON DOORDARSHAN The code for commercial advertising on Doordarshan contains the same principles as that of All India Radio. In addition, it contains the following principles: 1. Doordarshan accepts the advertisements of educational institutions/ colleges. However, it must be ensured that the institutions/colleges are genuine so as to ensure that students do not get misled. Doordarshan will also accept advertisements relating to holiday resorts and hotels. Doordarshan also accepts the advertisements relating to real estate including’ sale of flats/land, flats for rent both commercial and residential, However, to ensure that viewers do not get misled by false claims, it has been decided that all such advertisements must carry a statutory message at the end in the form of super imposition or caption as follows: “Viewers are Advised to Check the Genuineness of The Claims Made” Doordarshan has also allowed the telecast of: (@_ Foreign products and foreign banks including financial services; (ii) Jewellery and precious stones; Gii) Mutual funds approved by SEBI; (iv) Hair dye: (v) Matrimonial agencies; 2. Scientific or statistical excerpts from technical literature etc., may be used only with a proper sense of responsibility to the ordinary viewer. Irrelevant data and scientific jargon shall not be used to make claims appear to have a scientific basis they do not possess. Statistics of limited validity should not be presented in a way as to make it appear that they are universally true. 3. Imitation likely to mislead viewers shall be avoided. 4. Visual and verbal representation of actual and comparative prices and costs shall be accurate and shall not mislead on account of undue emphasis or distortion. 5. The picture and the audible matter of the advertisement shall not be excessively ‘loud’. This is to ensure that between the programme and the advertisement there is a smooth change-over avoiding jerkiness or shock to the viewerjedia Ethics hapter I ty of tl 6. Any advertisement which endangers the he children OF creates in them any interest in unhealthy practices, shall not be ving in the middle of the ond, Tearing dangerously accepted. €.2- Play ; jar of a window, playing with matchboxes ‘and other goods which can cause accidents. Children shall not be shown begging or in undignified or indecent manner. 16.7 PROCEDURE FOR THE ENFORCEMENT OF THE CODE 1. Complaints or re Doordarshan may General to the Advertisers’ for suitable action. t be satisfactorily resolved at 2, If complaints under the Code cannol association(s)'s level they shall be reported to the Director General who will then consider suitable action. 3, For any complaint under the Code received by Doordarshan con- cerning a party outside the purview of the various member associa- tion(s), the Director General will draw attention of such party to the complaint and where necessary, take suitable action on his own. The Cable Television Networks (Regulation) Act, 1995 (specified under Cable Network Rules, 1994 ) also has an Advertising Code (already given in the Chapter on Broadcasting). ntions of the Code, received by tance be referred by Director ) concerned with request ports on contravel in the first ins Association(s) 16.8 EXCERPTS OF ADVERTISEMENT STANDARD COUNCIL OF INDIA’S CODE OF ETHICS 16.8.1 Purpose Code is to control the content of advertisements, not to products which may be found offensive, for whetev rare py some people. Provided, therefore, that advertisements for . products are not themselves offensive, there will normally be no gro ae Objection to them in terms of tis Code. ee The purpose of the hamper the sale of 16.8.2 Declaration of Fundamental Principles ‘This Code for self-regulation has been drawn up by people in professi erin or connected with advertising, in cause a with and_ industri s of people affected by advertising, and has been accepted fe y representative « 197198 # Media Law and Ethics individuals, corporate bodies and associations engaged in or otherwise concerned with the practice of advertising, with the following as basic guidelines, with a view to achieve the acceptance of fair advertising practices in the best interest of the ultimate consumer: L. To ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertisements. Il. To ensure that advertisem accepted standards of public decency. 5 IIL. To safeguard against the indiscriminate use of advertising for the promotion of products which are regarded as hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large. IV. To ensure that advertisements observe fairness in competition so that the consumer's need to be informed on choices in the market- place and the canons of generally accepted competitive behaviour in business are both served. The Code’s rules form the basis for judgement whenever there may be conflicting views about the acceptability of an advertisement, whether it is challenged from within or from outside the advertising business. Both the general public and an advertiser's competitors have an equal right to expect the content of advertisements to be presented fairly, intelligibly and responsibly. The Code applies to advertisers, advertising agencies and media. ents are not offensive to generally 16.8.3 Responsibility for the Observance of this Code The responsibility for the observance of this Code for self-regulation in advertising lies with all who commission, create, place or publish any advertisement or assist in the creation or publishing of any advertisement. All advertisers, advertising agencies and media are expected not to commission, create, place or publish any advertisement which is in contravention of this Code. This is a self-imposed discipline required under this Code for self regulation in advertising from all involved in the commissioning, creation, placement or publishing of advertisements. This Code applies to advertisements read, heard or viewed in India if they originate or are published abroad so long as they are directed to con sumers in India or are exposed to significant number of consumers in India. even 16.8.4 The Code and the Law The Code’s rule are not the only ones to affect advertising. __ There are many provisions, both in the common law and in the which can determine the form or the content of an advertisement. statutess nisChapter 16: Media Ethics @ 199 The Code is not in competition with law. Its rules, and the machinery through which they are enforced, are designed to complement legal controls. not to usurp or replace them. : Chapter I To ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertisements: 1. Advertisements must be truthful. All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation. Advertisers and advertising agencies are required to produce such substantiation as and when called upon to do so by The Advertising Standards Council of India. 2. Where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. 3. Advertisements shall not. without permission from the person, firm or institution under reference, contain any reference to such person, firm or institution which confers an unjustified advantage on the product advertised or tends to bring the person, firm or institution into ridicule or disrepute. If and when required to do so by the Advertising Standards Council of India, the advertiser and the advertising agency shall produce explicit permission from the person, firm or institution to which reference is made in the advertisement. Advertisements shall neither distort facts nor mislead the consumer by means of implications or omissions, Advertisements shall not contain statements or visual presentation which directly or by implication or by omission or by ambiguity or by exaggeration are likely to mislead the consumer about the product advertised of the advertiser or about any other product or advertiser. 5. Advertisements shall not be so framed as to abuse the trust of consumers. or exploit their lack of experience ot knowleden No advertisement shall be permitted to contain any elain og exaggerated as 10 lead to grave or widespread disappointmenr <> the minds of consumers, Poimtment in For example: (a) Products shall not be described as ‘free’ where there is any dj cost to the consumer other than the actual cost of any aeinneet freight, or postage. Where such costs are payable by th a clear statement that this is the case advertisement. (b) Where a claim is made that if one product is purchased another y delivery, le consumer. shall be made in the200 # Media Law and Ethics product will be provided ‘free’, the advertiser is required to show, as and when called upon by The Advertising Standards Council of India, that the price paid by the consumer for the product which is offered for purchase with the advertised incentive is no more than the prevalent price of the product without the advertised incentive, (©) Claims which use expressions such as “Upto five years’ guarantee” or “Prices from as low as Rs. Y” are not acceptable if there is a likelihood of the consumer being misled either as to the extent of the availability or as to the applicability of the benefits offered. (d) Special care and restraint has to be exercised in advertisements addressed to those suffering from weakness, any real or perceived inadequacy of any physical attributes such as height or bust development, obesity, illness, impotence, infertility, baldness and the like, to ensure that claims or representations directly or by implication, do not exceed what is considered prudent by generally accepted standards of medical practice and the actual efficacy of the product. inviting the public to invest money shall not contain statements which may mislead the consumer in respect of the security offered, rates of return or terms of amortization; where any of the foregoing elements are contingent upon the continuance of or change in existing conditions, or any other assumptions, such conditions or assumptions must be clearly indicated in the advertisement. (f) Advertisements inviting the public to take part in lotteries or prize competitions permitted under law or which hold out the prospect of gifts shall state clearly all material conditions as to enable the consumer to obtain a true and fair view of their prospects in such activities. Further, such advertisers shall make adequate provisions for the judging of such competitions, announcement of the results and the fair distribution of prizes or gifts according to the advertised terms and conditions within a reasonable period of time. With regard to the announcement of results, it is clarified that the advertiser's responsibility under this section of the Code is discharged adequately if the advertiser publicizes the main results in the media used to announce the competition as far as is practicable, and advises the individual winners by post. 6. Obvious untruths or exaggerations intended to amuse or to catch the eye of the consumer are permissible provided that they are clearly to be seen as humorous or hyperbolic and not likely to be understood as making literal or misleading claims for the advertised product. 7. In mass manufacturing and distribution of goods and services it is Possible that there may be an occasional, unintentional lapse in theapler 16 : Media Ethics * 201 fulfilment of an i adv i ‘ Tate “rtised promise or claim. Such occasional, ips ses, invali i i of this Code! may not invalidate the advertisement in terms In judging such issues, due repard shall be given to the followin, (a) Whether the claim or promise is capable of fulf specimen of the product advertised, a) (©) Whether the proportion of product failures is within generally acceptable limits. (c) Whether the advertiser has taken Prompt action to make good the deficiency to the consumer. Chapter II To ensure that Advertisements are not offensive to generally accepted standards of public decency. Advertisements should contain nothing indecent, vulgar or repulsive which is likely, in the light of generally prevailing standards of decency and Propriety, to cause grave or widespread offence. Chapter HI To safeguard against the indiscriminate use of advertising in situations or of the promotion of products which are regarded as hazardous or harmful to society or to individuals, particularly minors, to a degree or of a type which is unacceptable to society at large. 1. No advertisement shall be permitted which: (a) Tends to incite people to crime or to promote disorder and violence or intolerance. (b) Derides any race, caste, colour, creed or nationality. (c) Presents criminality 28 desirable or directly or indirectly encourages people—particularly minors—to emulate it or conveys the modus operandi of any crime, (d) Adversely affects friendly relations with a foreign State, ‘Advertisements addressed to minors shall not contain anything, 2 whether in illustration or otherwise, which might result in their hysical, mental or moral harm or which exploits their vulnerability. For example, Advertisements: should not encourage minors to enter strange places or to (@ Tonverse with strangers in an effort to collect coupons, wrappers, labels or the like. should not feature dangerous or hazardous aets which ar likely encourage minors to emulate such acts in a manner whic), ould cause harm or injury. GG —-_202 * Media Law and Ethics (©) should not show minors using or playing with matches or any inflammable or explosive substance; or playing with or using sharp knives, guns or mechanical or electrical appliances, the careless use of which could lead to their suffering cuts, burns, shocks or other injury. (d) should not feature minors for tobacco or alcohol-based products. (©) should not feature personalities from the field of sports, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors. 3. Advertisements shall not, without justifiable reason, show or refer to dangerous practices or manifest a disregard for safety or encourage negligence. 4. Advertisements should contain nothing which is in breach of the law nor omit anything which the law requires. 5. Advertisements shall not propagate products, the use of which is banned under the law. 6. Advertisements for products whose advertising is prohibited or restricted by law or by this code must not circumvent such restrictions by purporting to be advertisements for other products the advertising of which is not prohibited or restricted by law or by this code. In judging whether or not any particular advertisement is an indirect advertisement for product whose advertising is restricted or prohibited, due attention shall be paid to the following: (a) Visual content cf the advertisement must depict only the product being advertised and not the prohibited or restricted product in any form or manner, (b) The advertisement must not make any direct or indirect reference to the prohibited or restricted products. (©) The advertisement must not create any nuances or phrases promoting prohibited products. (d) The advertisement must not use particular colours and layout or presentations associated with prohibited or restricted products. (©) The advertisement must not use situations typical for promotion of prohibited or restricted products when advertising the other products. Chapter IV To ensure that Advertisements observe fairness in competition such that the consumer's need to be informed on choice in the market-place and the canons of generally accepted competitive behaviour in business are both served.Chapter 16 : Media Ethics 203 1, Advertisements containing comparisons with other manufacturers OF suppliers or with other products including those where a competitor is named, are permissible in the interests of vigorous competition and public enlightenment, provided: (a) It is clear what aspects of the advertiser's product are being compared with what aspects of the competitor's product. (b) The subject matter of comparison is not chosen in such a Way as to confer an artificial advantage upon the advertiser or SO as to suggest that a better bargain is offered than is truly the case. (©) The comparisons are factual, accurate and capable of sub- stantiation. (d) There is no likelihood of the consumer being misled as a result of the comparison, whether about the product advertised or that with which it is compared. (e) The advertisement does not unfairly denigrate, attack or discredit other products, advertisers or advertisements directly or by implication. 2. Advertisements shall not make unjustifiable use of the name or initials of any other firm, company or institution, nor take unfair advantage of the goodwill attached to the trademark or symbol of another firm or its product or the goodwill acquired by its advertising campaign. 3. Advertisements shall not be similar to any other advertiser’s earlier run advertisements in general layout, copy, slogans, visual presentations, music or sound effects, so as to suggest plagiarism, 4, As regards matters covered by Sections 2 and 3 above, complaints of plagiarism of advertisements released earlier abroad will lie outside the scope of this Code except in the undermentioned circumstances: (a) The complaint is lodged within 12 months of the first general circulation of the advertisements/campaign complained against (b) The complainant provides substantiation regarding the elaine cp prior invention/usage abroad. 16.8.5 Broadcasting Ethics As far as broadcasting ethics in India are concerned, Doord: Were regulated by the Code of Ethics. It was only quite rec Broadcasters Association based in New Delhi has formulate of ethics and submitted it to the Central Government. larshan and AR . ently that News d their own code (i) Broadcast code of AIR/DD forbids the following Broadcast code of AIR/DD forbids the following:criticism of friendly countries attack on religions or communiti anything obscence or defamatory; , incitement to violence or anything against maintenance of law and order; anything amounting to contempt of court; 7 aspersions against the integrity of the President and Judiciary; anything affecting the integrity of the Nation; and criticism by name of any person. pre S eT ‘The Cable Television Networks (Regulation) Act, 1995 (specified under Cable Network Rules, 1994 ) also has a Programme Code [already given in Chapter 13 (Broadcasting)]. (ii) News Broadcasters Association Code of Ethics and Broadcasting Standards Background (1) The Constitution of India guarantees to all its citizens, the right to free speech, which right has been liberally construed by our Supreme Court as encompassing not-just the freedom of press, but also the right of the citizen to be informed of matters of public moment and concern. (2) The fundamental premise of a democracy is the accountability of all its institutions to the political sovereign, viz. the people. It is axiomatic that for democracy to survive and flourish, freedom must live in the hearts of people, and the citizenry must be ever vigilant against all attempts to subvert the rule of law. Democracies have decayed into anarchy not merely on account of major events such as coups, but also by insidious erosion caused by egregious corruption and abuse of power. Exposing the threat within itself has become one of the most important roles of the news media, particularly the electronic media whose reach and penetration has the promise 10 make democracy a living reality for those who do not have access to the print media for want of literacy or otherwise, and giving them a sense of involvement in the process of governance. (3) India is the world’s largest democracy, demographically marked by diversity in religion, language and caste, and undoubtedly has problems that are significantly peculiar to it. Yet at the same time, it shares certain common values with other vibrant democracies, and one of them is balancing the freedom of the press with putting in place checks and balances that seek to instill a sense of responsibility and to prevent abuse of this freedom, without the “chilling effect” that would j journalistic freedom.* 205 Chapter 16: Media Ethie (4) It is the duty of media to keep the citizenry informed of the state of governance, which mostly puts it at odds with the establishment. A media that is meant to expose the lapses in government and in nnot obviously be regulated by government—it would y. Tis a fundamental paradigm of freedom of speech that media must be free from governmental control in the matter of “content”—censorship and free speech are sworn enemies. It therefore falls upon the journalist profession to evolve institutional checks and safeguards, specific to the electronic media, that can define the path that would conform to the highest standards of rectitude and journalistic ethics and guide the media in the discharge of its solemn constitutional duty. There are models of self-governance evolved in other countries who have seen an evolution of the electronic media including the news media much before it developed in India. The remarkable feature of all these models is self-governance, and a monitoring by a “jury of its peers”. (6) There are undoubtedly limitations in any model of self-governance in which compliance is entirely voluntary. However this does not suggest that such models are ineffective. Their efficacy flows from the fact that the basic strength of a news channel lies in its credibility, from which flows its ability to influence public opinion. A censure emanating from a jury of its peers would indisputably affect the credibility of a channel. Besides, such a process is not without its legal ramifications. One of the important defences to civil and criminal actions (based on defamation) is “fair comment” and bona fide attempts to unravel the truth. The difference between inaccuracy and falsehood lies many a time in the motive. A channel acting in breach of established guidelines could hardly defend its motives or suggest that it was acting fairly, if it is censured by a jury of its peers. (7) The interference by the government, however well intentioned, would imperil not just this method of independent journalism, but the very process of investigation itself. It therefore has become imperative thatthe news channels lay down guidelines, procedural safeguards and establish a body that would act as a watchdog and a grievance redressal forum. 6) 16.9 SECTION 1: FUNDAMENTAL PRINCIPLES () Professional electronic journalists should accept and understand that they operate as trustees of public and should, therefore, make it their mission to seek the truth and to report it fairly with integrity206 + B) @ (5) © 16.10 Media Law and Ethics ional journalists should stand fully and. independence. Profe accountable for their action The purpose of this code is to document the broad paradigms accepted by the members of the News Broadcasters Association (NBA) as practice and procedures that would help journalists of electronic media to adhere to the highest possible standards of public service and integrity. News channels recognize that they have a special responsibility in the matter of adhering to high standards of journalism since they have the most potent influence on public opinion. The broad principles on which the news channels should function are, therefore, as stated hereinafter. Broadcasters shall, in particular, ensure that they do not select news for the purpose of either promoting or hindering either side of any controversial public issue. News shall not be selected or designed to promote any particular belief, opinion or desires of any interest group. The fundamental purpose of dissemination of news in a democracy is to educate and inform the people of the happenings in the country, so that the people of the country understand significant events and form their own conclusions. Broadcasters shall ensure a full and fair presentation of news as the same is the fundamental responsibility of each news channel. Realizing the importance of presenting all points of view in a democracy, the broadcasters should, therefore, take responsibility in ensuring that controversial subjects are fairly presented, with time being allotted fairly to each point of view. Besides, the selection of items of news shall also be governed by public interest and importance based on the significance of these items of news in a democracy. SECTION 2: PRINCIPLES OF SELF REGULATION The News Broadcasters Association (NBA) have established commonly accepted content guidelines as a way of practicing self-regulation. The Purpose is to define editorial principles which are consistent with the tenets of the freedom of speech articulated in the constitution of India; the regulatory framework; common sensibilities of television viewers. The purpose of these principles of self-regulation is to serve as a" affirmative declaration of understanding of, and compliance with, the basic Values and objectives that news channels enshrine. It is to ensure that these Principles are observed in spirit, and not just in the letter.Chapter 16 : Media Ethics * 207 The purpose of putting together the principles of self-regulation is to avoid compromising the genre of television news by broadcasting content that is malicious, biased, regressive, knowingly inaccurate, hurtful, misleading, or aimed at willfully concealing a conflict of interest. The purpose of these principles of self-regulation is to empower the profession of television journalism by an abiding set of values, which will stand the test of time, and ensure that balanced and comprehensive Journalism flourishes, to strengthen India’s democracy. Detailed below are some of the areas where the broadcasters seek to self-regulate. 16.10.1 Impartiality and Objectivity in Reporting Accuracy is at the heart of the news television busin Viewers of 24 hour news channels expect speed, but it is the responsibility of Television news channels to keep accuracy, and balance, as precedence over speed. If despite this there are errors, channels should be transparent about them. Errors must be corrected promptly and clearly, whether in the use of pictures, a news report, a caption, a graphic or a script. Channels should also strive not to broadcast anything which is obviously defamatory or libelous. Truth will be a defence in all cases where a larger public interest is involved, and in even these cases, equal opportunities will be provided for individuals involved to present their point of view. This also applies in cases where television chan- nels report on those holding public office, though by virtue of doing so, no person can claim immunity from scrutiny from or criticism by news channels. 16.10.2 Ensuring Neutrality Television news channels must provide for neutrality by offering equality for all affected parties, players and actors in any dispute or conflict to present their point of view. Though neutrality does not always come down to giving equal space to all sides (news channels shall strive to give main view points of the main parties)news channels must strive to ensure that allegations ae not portrayed as fact and charges are not conveyed as an act of guilt. orting on Crime and Safeguards to Ensure 16.10.3 fetes and Violence Not Glorified ews has greater reach, and more immediate impact than other ; is makes it all the more necessary that ch; dia, and this m: m hansen ome eat to ensure that any report or visuals broadcast do not induce. a ify y incite, or positively depict violence and its perpetrators, regardless glorify, incite, OMe Specific care must be taken not to broadcast visuals they ee peutic! or inflammatory. Equally, in the reporting oj can be Television n° f Violence a208 Media Law and Ethics SE Media Lew cad te (whether collective or individual) the act of violence must not be glamorized, because it may have a misleading or desensitizing impact on viewers, News channels will ensure that such reconstructions will not cross boundaries of good taste and sensibility. This includes taking adequate Precaution while showing any visual instance of pain, fear or suffering, and visuals or details of methods of suicide and self-harm of any kind and will not cross boundaries of good taste and decency. 16.10.4 Depiction of Violence or Intimidation Against Women and Children As an elaboration of Point 3, news channels will ensure that no woman or juvenile, who is a victim of sexual violence, aggression, trauma, or has been a witness to the same is shown on television without due effort taken to conceal the identity. In reporting all cases of sexual assault, or instances where the Personal character or privacy of women are concerned, their names, pictures and other details will not be broadcast/divulged. Similarly, the identity of victims of child abuse and juvenile delinquents will not be revealed, and their pictures will be morphed to conceal their identity. 16.10.5 Sex and Nudity molestation, or show pornography, (As a qualifier however, Prudish, and this self-regul. ensuring that overtly regre: broadcasts). or the use of sexually suggestive language. channels are not expected to be moralistic of lation is aimed not at moral policing, but rather at ssive and explicit acts and visuals do not slip into 16.10.6 Privacy As a rule, channels must not individuals, unless there is a imerest for such a broadcast abide by is that the intrus telephone conversations ani intrude on private lives, or personal affairs of clearly established larger and identifiable public t. The underlying principle that news channels ion of the private spaces, records, transcripts, d any other material will not be for salacious nee Principle of prior permission; hence door-stepping in viduals OF authorities for the purpose of news gathering may be used only i Ane larger purpose of public interest, Further, in the case of minors, in any broadcast that intrudes on their privacy, the channel should attempt, where | j i / ii | Chapter 16 ; Media Ethics 209 ossible, to s fefence it the parent or legal guardian, However, the defence f the premise of privacy cannot be misconstrued as the denial of a Plies to all individuals, including those in the public eye Public personalities. It does however apply in its entirety, as per the provisions mentioned above, to their children and kin who are minors. 16.10.7 Endangering National Security fo eee ot aay {erminotogy or maps, that represent India and Indian 's, all news channels will use specific terminology and maps mandated by law and Indian government rules. (The depiction of the map of the territory of India will reflect official guidelines, as detailed in official literature). News channels will also refrain from allowing broadcasts that en- courage secessionist groups and interests, or reveal information that endangers lives and national security. However, it is in the public interest to broadcast instances of breach of national security and loopholes in national security and reporting these cannot be confused with endangering national security. 16.10.8 Refraining from Advocating or Encouraging Superstition and Occultism News channels will not broadcast any material that glorifies superstition and occultism in any manner. In broadcasting any news about such genre, news channels will also issue public disclaimers to ensure that viewers are not tnisled into believing or emulating such beliefs and activity. Therefore news channels will not broadcast “as fact” myths about “supernatural” acts, apparitions and ghosts, personal or social deviations or deviant behaviour, and Wherever references are made to such cases, news air riders/disclaimers/warnings to ensure that such sed off “as fact” since they can hurt rational recreations of the same. channels will issue on beliefs or events are not pas: sensibilities. 16.10.9 Sting Operations ‘As a guiding principle, sting and undercover operations should be a last resort st ‘els in an attempt to give the viewer comprehensive coverage of of news channels 7 1° Cyannels will not allow sex and sleaze as a means to any news story. New! i use of narcotics and psychotropic substances or carry out sting Operauore on, or discrimination as a justifiable means in f any sting operation. Sting operations, will also abide by the f any Haron mentioned above, and news channels will ensure ded, aS mentioned above, by an identifiable larger public e guided, Tas a ground rule, ensure that sting operations are pannels Wl r . 3 4 tool for getting conclusive evidence of wrong doing of principles of se that they will b210 * Media Law and Ethics criminality, and that there is no deliberate alteration of visuals, or editing or interposing done with the raw footage in a way that it also alters of misrepresents the truth or presents only a portion of the truth. 16.10.10 Corrigendum All news channels will, keeping with the principle of due accuracy and impartiality, ensure that significant mistakes made in the course of any broadcast is acknowledged and corrected on air immediately. Corrections should also be scheduled in such a way that they attract enough viewer attention and are not concealed. This, like the other principles, must be observed in spirit, and not just in letter, to avoid any compromise to the reputation of the news broadcasting industry in India. 16.10.11 Viewer Feedback All News Channels will on their website, create provision to receive consumer feedback. Further any specific viewer complaints will be responded to. In the event any news channel gets a specific complaint, if found to be true, it will admit to the same on air and will respond in fullness and faimess to the viewer. In the event, a viewer/body perceives prejudice by any specific report carried by the news channel, it will respond in fullness and without impartiality to the viewer. EXERCISES _ Short Questions 1. How do ethics differ from laws? 2. Explain the broadcast code for AIR/DD. 3. What are the codes of ethics existing for advertising in India? Long Questions 1. Explain the code of ethics for print media in India. 2. Explain the code of ethics for broadcasting in India. 3. Explain the code of ethics for advertising in India. FURTHER READING oe ibook of Journalism and Mass Delhi, 2002. Vir Bala Aggarwal and V.S. Gupta, Communication, Concept Publishinj ha: