You are on page 1of 31

Ethical Constraints in Media Industry

Legal Constraints
● Legal constraints are legal
laws that allow certain
groups to control the media
sector and it's extremely
important to everyone to
follow these rules or laws
or you could be fined and
investigated by the police.

Ethical Constraints
● Ethics are moral principles
that say how anyone
should act. This means that
you are within a society
where you have to behave
properly without offending
anyone.
What is Ethics?

● Ethics or moral is a branch of


philosophy that "involves systematizing,
defending, and recommending concepts
of right and wrong behavior".
Ethics in Media

● Deals with the specific ethical principles and standards of media.


● The field covers many varied and highly controversial topics, ranging
from war journalism to Benetton ad campaigns.
● Media ethics is a branch of ethics that addresses moral issues arising in
connection with the preparation, storage, presentation, dissemination and
reception of information through the means of mass media.
Gender Stereotypes:
Gender Stereotypes:
(Androcentrism/ Gynocentrism)
● A gender stereotype is a generalized view or preconception about
attributes or characteristics, or the roles that are or ought to be possessed
by, or performed by, women and men.
● Further strengthened by mass media portraying women mostly in
stereotypical roles.
● Representation of women in media is still significantly low.
● Media will play crucial role in female representation and increase
visibility of their problem.
Gender Stereotypes
● The hijab does not hinder brain activity unless you let it.
● For many women, wearing Hijab is a confidence booster in itself. It’s about
taking pride in Islam. There is a lot of wisdom in wearing Hijab, which makes
these women who cover their heads extraordinary. Apart from this, it also
brings obedience to one’s face.

For Example controversy in Karnataka :

● The Karnataka High Court commenced hearing a batch of petitions, filed by


Muslim girls studying in government pre-university colleges in Udupi district,
questioning the ban on wearing hijab (head scarf) in colleges.
Religious Belief:
● The media have come to play an ever more
prominent role in social and cultural life
since the emergence of "mass media" in the
late nineteenth century.
● The mass media emerged as the result of
interacting technological and social
developments.
● The terrorist attacks of September 11, 2001,
on New York, Washington, D.C., and
Pennsylvania, put religion much more
squarely on the "news agenda," with
increasing coverage of religion.
Religious Belief:
● Easy for media to unintentionally offend or
disrespect any particular religion
● Can enrage extremist and create conflicts
among religions
● Hence it is important for media to act
responsibly on news related to sensitive
religious topics.
● Also, insulting religion is deeply disrespectful
and is a complete ‘no go’ not just within the
media, but also in day to day life.
Ayodhya Verdict:

#RamMandirCountdown
Legal Issues and Constraints:
● Any constraints that are deemed legal constraints are simply
restrictions and constraints that are enforced by the law.
● These will often be enforced by Laws or Acts that state the
regulations that must be followed. These will often be things that are
harmful, wrongly influential or simply unpleasant for the viewer.
● Legal constraints can also cover subject matters such as copyright
issues as well as not portraying any information that may be
considered Slander or Libel.
Revealing Confidential Information
● The most common, and potentially most deadly, legal issue with the
social media is the leaking of confidential information.
● This could end up the being a direct danger to your company.
You may lose your business as a result of its decline, or
someone else may be able to seize it utilising all of your confidential
information.
● The easiest approach to avoid this is to keep your company’s
policies up to date communicate them to all of your employees.
Illegal Use of Trademark
● A trademark can be used in two ways. The first is a favourable
element, whereas the second is entirely bad.
● Use of a company’s trademark with its expertise is a beneficial
aspect. Businesses frequently accept the use of their trademarks
when they are aware of it. Their business will benefit as a result of
this. The negative approach is to pass off another company’s
trademark as your own or to use it to make money.
● The solution is for social media services to make sure that
unauthorised users are not allowed to use trademarks.
Ambiguous Posts on Social Media
● It’s impossible to stay away from social media these
days. However, because social media post, status, and
tweet are short communications, they can appear
unclear. Your unintentional message could be
misinterpreted in a variety of ways. This could turn into a
major issue for you and your company.

● Before making any unclear comment or posting, double-


check your work.
Piracy
● Everybody is aware of the M&E sector's fight
with piracy. According to estimates, the film
industry alone loses US$ 2.8 billion in piracy
revenue per year.
● Camcording in cinemas one day before the
film's release in the Indian market is a major
cause of film leakage and release in other
geographies.
● Films are made available digitally within hours
of their publication. In certain cases, even
before they are written.
Copyrights:

● Being one of the important Intellectual


property rights (IPR), protects the rights of
creators of artistic works, literary works,
sound, films and related creations. This right
provides the creator the authority over the
creation of his or her own to explore benefits if
used by others.
.
Copyrights:

● There was a song by Chris Brown "Turn up the music" released on Feb 17,
2012. The music is quite similar to an Indian song "Hookah bar" by Himesh
Reshammiya released on Nov 8, 2012.
● This case never went to the court of law but if it did, it would have been a
copyright infringement.
● Let us understand certain acts that do not lead to copyright infringement.
The act that does not constitute an infringement is enshrined under section
52 of the Copyright Act, 1957. Section 52, is based on the doctrine of "fair
dealing".
Illegal Use of Copyrighted Work

● Unauthorized use of copyrighted content, such as movies,


images, articles, and websites, is a widespread legal problem
today. Using someone else’s copyrighted work without their
permission is both immoral and illegal.
● Employees are informed about privacy as part of the protection.
When sharing your work on social media, be sure to mention that
it is copyright protected.
Professional codes of Practice:
● These guidelines are set standards universally which essentially
tell them how to tackle certain things.
Truth and Accuracy
● Verify all facts and have first
hand sources for all
information they publish.
● News should be well
sourced , based on sound
evidence and presented in
clear and precise language.
● Be honest and transparent
and avoid unfounded
speculation.
Fake news in Indian
Media:
● As part of the 2016 Indian banknote
demonetisation, India introduced a new 2,000-
rupee currency note. Following this, multiple fake
news reports about "spying technology" added in
the banknotes went viral on WhatsApp and had
to be dismissed by the government
● At that time, Zee News ran a piece of fake news
that Rs 2000 notes have electronic chips in it and
thus, the government could trace them
Fairness and Impartiality

● Should not be prejudiced towards


or against any particular religion,
race , gender or ethnic group.
● News should be aimed at
providing objective analysis and
clear understanding of truth to
masses.
Independence:
● News could be voluntarily
or involuntarily
manipulated by
government or private
organization.
● Media should be
independent of private and
political interest.
Media Independence in India:

● The latest Press Freedom Index prepared by the Paris-based non-profit


organisation Reporters Without Borders (RSF) places India at 150 out of
180 countries
● RSF has pointed out three important factors such as politically controlled
media, the safety of journalists, and the concentration of media ownership
behind the downward spiral of press freedom in India.
Harm and offense
● Audience’s expectations and
sentiments should be considered
while broadcasting information about
sensitive topics.

● Alert audiences to the use of strong


language, or to the content that they
find upsetting.
Accountability:
● Expected to be accountable
for public interest.
● Failure to do so will endanger
its credibility.
● Audience demands media
transparency, accountability
and more professional form of
self-regulation to improve
quality of published news.
Media Ethics
● Show compassion for those who may be affected adversely by news coverage.
● Use special sensitivity when dealing with children and inexperienced sources
or subjects.
● Be sensitive when seeking or using interviews or photographs of those
affected by tragedy or grief.
● Recognize that gathering and reporting information may cause harm or
discomfort.
● The pursuit of the news is not a license for arrogance.
● Show good taste. Avoid pandering to lurid curiosity.
● Be cautious about identifying juvenile suspects or victims of sex crimes.
● Be judicious about naming criminal suspects before the formal filing of
charges.
Changes in Media
● Example could be taken from the Nirbhaya Case, when
Indian government ensured strict mandate against
revealing of her identity forcing Media to label her as
‘Nirbhaya’. Another valid instance is of The Aarushi
murder case, when the Supreme Court passed a controlling
request banishing the media from releasing any shocking
information. Justice Altamas Kabir had expressed “We are
asking the press must not sensationalize something which
affects one’s reputations.”

You might also like