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Forward
Ignorance and an inborn antipathy to any external
pressure on one's inclination to do, speak and
write that which one pleases, are often responsible
for a blind resistance to any law, custom, tradition
or norms.
It is forgotten that some discipline and standard
are necessary for a healthy and decent life, and
they promote rather than thwart, the creative
urges of the individual.
A
distinction has to be made between those restraints
which inhibit wholesome potentialities and those
which encourage them. Freedom and creativity gain
their content only in a society. Unless, life
in a society is conducive to the growth of the
personality of the individual, the raison d'etre
of an organised living will be defeated.
Human
beings being what they are, liberty frequently
degenerates into licence and creativity into perversity;
and the society itself becomes a cesspool of corrupt
practices and pursuits. Tempering checks and constructive
directions are necessary to preserve and promote
decent values, robust creativity and healthy growth.
All
customs and traditions, norms, mores and laws
are born precisely to achieve this object. To
the extent they promote that objective, they fulfil
the purpose. The greatest single factor responsible
for the human progress so far, is word. The invention
of the word and communication through it, though
only orally first, paved the way for human advancement.
The
invention of the script and then of print took
the graph of human achievement to new heights
in a geometrically ascending scale. Today mankind
finds itself amidst information explosion too
fast to keep pace with and too difficult to assimilate,
thanks to the mind-boggling progress in science
and technology.
But
the unbounded progress in the material sphere
and in particular in the means of communication,
itself warns us, that unless proper precautions
are taken to control the method and the manner
of the use of the word - spoken or written, typed,
printed or copied, human society will be swept
of its feet.
More
wide-ranging and penetrating the sweep of the
word, more the need to regulate its use, in the
interest, of the peace, unity, fraternity and
co-operation among the members of the society.
All countries have therefore, throughout the ages
tried to regulate the expression of the word,
whatever the nature of the political regime, dictatorial
or democratic.
The
degree and the extent of the regulation have varied
with times, and political, social, religious cultural
climes; but the need for restriction of some kind
or the other has been felt by all, all the time.
Our constitution gives to every citizen the fundamental
right of the freedom of speech and expression
under Article 19 (1) (a) and at the same time
makes its use subject to the restrictions mentioned
clause (2) thereof.
The
guarantee of the fundamental right does prevent
the state from making any law, in so far as such
law imposes reasonable restrictions on the exercise
of the right, in the interest of the sovereignty
and integrity of the state, the security of the
state, friendly relations with foreign states,
public order, decency and morality and in relation
to the contempt of court, defamation or incitement
to an offence.
The
Press Council of India has been established with
the objects of preserving the freedom of the press
and of maintaining and improving the standards
of newspapers and news agencies in the country.
It is to further these objects, that the council
is required among other things, to help newspapers
and news agencies to maintain independence; to
build up a code of conduct for newspapers agencies
and journalists in accordance with high professional
standards to ensure on their part the maintenance
of high standards of public taste and to foster
a due sense of the rights and responsibilities
of citizenship and to foster the growth of a sense
of responsibility and public service among all
those engaged in the profession of journalism.
To
discharge these functions entrusted to it, the
council has to frame a code of ethics for those
engaged in journalism and to enforce it. The council
over the years has built up a code of ethics covering
aspects of journalism which came to the fore from
time to time and which needed to be dealt with
at its end, keeping in mind the objects with which
it has been established and the role it is expected
to perform.
Since
its last publication, there have been some additions
to the ethical code on important aspects such
as financial journalism and pre-poll and exit
poll surveys. The council decided to publish and
update code and the result is the present publication.
This publication has been designed to be a trim
and at the same time a comprehensive treatment
on the subject.
Besides
the ethics, the publication also contains references
to the provisions of the constitution and of the
various statute laws which have a bearing on the
print media. It is hoped that it will be found
useful by all concerned. The council hopes to
publish its translation in regional languages
in due course, for the council is of the view
that the education in the code of ethics of journalists
connected particularly with the small and regional
language newspapers is very necessary if the code
is to be effective.
We
have no doubt that we will succeed in getting
assistance in this task from public-spirited individuals
and associations.
P
B Sawant, chairman, Press Council of India, August,
1996
Principles
and ethics
The fundamental objective of journalism is
to serve the people with news, views, comments
and information on matters of public interest
in a fair, accurate, unbiased, sober and decent
manner. Towards this end, the press is expected
to conduct itself in keeping with certain norms
of professionalism universally recognised. The
norms enunciated below and other specific guidelines
appended thereafter, when applied with due discernment
and adaptation to the varying circumstance of
each case, will help the journalist to self-regulate
his or her conduct.
- Accuracy
and fairness
The
press shall eschew publication of inaccurate,
baseless, graceless, misleading or distorted
material. All sides of the core issue or subject
should be reported. Unjustified rumours and
surmises should not be set forth as facts.
- 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 organisation 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.
- Caution
against defamatory writings
A newspaper should not publish anything which
is manifestly defamatory or libellous against
any individual organisation unless after due
care and checking, they have sufficient reason
to believe that it is true and its publication
will be for public good.
- Truth
is no defence for publishing derogatory, scurrilous
and defamatory material against a private citizen
where no public interest is involved.
- 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.
- 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.
- 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.
- Where
the impugned publication are manifestly injurious
to the reputation of the complainant, the onus
shall be on the respondent to show that they
were true or to establish that they constituted
for comment made in good faith and for public
good.
- Parameters
of the right of the press to comment on the
acts and conduct of public officials
So far as the government, local authority and
other organs / institutions exercising governmental
power are concerned, they cannot maintain a
suit for damages for acts and conduct relevant
to the discharge of their official duties unless
the official establishes that the publication
was made with reckless disregard for the truth.
However, the judiciary which is 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.
- Publication
of news or comments / information on public
officials conducting investigations should have
a tendency to help the commission of offences
or to impede the prevention or detection of
offences or prosecution of the guilty. The investigative
agency is also under a corresponding obligation
not to leak out or disclose such information
or indulge in disinformation.
- The
Official Secrets Act, 1923 or any other similar
enactment or 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.
- Cartoons
and caricatures in depicting good humour are
to be placed in a special category of news that
enjoy more liberal attitude.
- 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, however, 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 a person's home, family, religion,
health, 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.
- Caution
against identification: While reporting crime
involving rape, abduction or kidnap of women
/ females or sexual assault on children, or
raising doubts and questions touching the chastity,
personal character and privacy of women, the
names, photographs of the victims or other particulars
leading to their identity shall not be published.
- Minor
children and infants who are the offspring of
sexual abuse or 'forcible marriage' or illicit
sexual union shall not be identified or photographed.
- Recording
interviews and phone conversation
The press shall not tape-record anyone's conversation
without that person's knowledge or consent,
except where the recording is necessary to protect
the journalist in a legal action, or for other
compelling good reason.
- The
press shall, prior to publication, delete offensive
epithets used by an interviewer in conversation
with the pressperson.
- Intrusion
through photography into moments of personal
grief shall be avoided. However, photography
of victims of accidents or natural calamity
may be in larger public interest.
- Conjecture,
comment and fact
A newspaper should not pass on or elevate conjecture,
speculation or comment as a statement of fact.
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
of 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 to 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 through the medium
of press conference, as publication of a news
of a conference is within the discretionary
powers of an editor.
- Freedom
of the press involves the readers' right to
know all sides of an issue of public interest.
An editor, therefore, shall not refuse to publish
the reply or rejoinder merely on the ground
that in his opinion the story published in the
newspaper was true. That is an issue to be left
to the judgement of the readers. It also does
not behove an editor to show contempt towards
a reader.
- Letters
to editor
An editor who decides to open his columns for
letters 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.
- 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.
- Obscenity
and vulgarity to be eschewed
Newspapers / journalists shall not publish anything
which is obscene, vulgar or offensive to public
good taste.
- 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.
- 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 it a 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.
- 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.
- 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.
- Covering
communal disputes / clashes
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; c. 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.
- Newspapers
should not publish any fictional literature
distorting and portraying religious characters
in an adverse light, transgressing 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 repugnant 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 thoroughly
from authentic sources and then published with
due restraint in a manner bereft of sensationalism,
exaggeration, surmises or unverified facts.
- Paramount
national interest
Newspapers shall, as a matter of self-regulation,
exercise due restraint and caution in presenting
any news, comment or information which is likely
to jeopardise, endanger or harm the paramount
interests of the state and society, or the rights
of individuals with respect to which reasonable
restrictions may be imposed by law on the right
to freedom of speech and expression under clause
(2) of Article 19 of the constitution of India.
- Publication
of wrong / incorrect map is a very serious offence,
whatever the reason, as it adversely affects
the territorial integrity of the country and
warrants prompt and prominent retraction with
regrets.
- Newspapers
may expose misuse of diplomatic immunity
The media shall make every possible effort to
build bridges of co-operation, friendly relations
and better understanding between India and foreign
states. At the same time, it is the duty of
a newspaper to expose any misuse or undue advantage
of the diplomatic immunities.
- Investigative
journalism, its norms and parameters
Investigative reporting 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; c. An attempt is being made to hide
the truth from the people.
(i) The first norm follows as a necessary corollary
from (a) that the investigative reporter should,
as a rule, base his story on facts investigated,
detected and verified by himself and not on
hearsay or on derivative evidence collected
by a third party, not checked up from direct,
authentic sources by the reporter himself.
(ii) There being a conflict between the factors
which require openness and those which necessitate
secrecy, the investigative journalist should
strike and maintain in his report a proper balance
between openness on the one hand and secrecy
on the other, placing the public good above
everything.
(iii) The investigative journalist should resist
the temptation of quickies or quick gains conjured
up from half-baked incomplete, doubtful facts,
not fully checked up and verified from authentic
sources by the reporter himself.
(iv) Imaginary facts, or ferreting out or conjecturing
the non-existent should be scrupulously avoided.
Facts, facts and yet more facts are vital and
they should be checked and cross-checked whenever
possible until the moment the paper goes to
press.
(v) The newspaper must adopt strict standards
of fairness and accuracy of facts. Findings
should be presented in an objective manner,
without exaggerating or distorting, that would
stand up in a court of law, if necessary.
(vi) The reporter must not approach the matter
or the issue under investigation, in a 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's 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 journalist, the fundamental
principles underlying them can be adopted as
a guide on grounds of equity, ethics and good
conscience.
- Confidence
to be respected
If information is received from a confidential
source, the confidence should be respected.
The journalist cannot be compelled by the Press
Council to disclose such source; but it shall
not be regarded as a breach of journalistic
ethics if the source is voluntarily disclosed
in proceedings before the council by the journalist
who considers it necessary to repel effectively
a charge against him / her. This rule requiring
a newspaper not to publish matters disclosed
to it in confidence, is not applicable where:
(a) consent of the source is subsequently obtained;
or
(b) the editor clarified by way of an appropriate
footnote that since the publication of certain
matters were in the public interest, the information
in question was being published although it
had been made 'off the record'.
- Caution
in criticising judicial acts
Excepting where the court sits 'in-camera' or
directs otherwise, it is open to a newspaper
to report pending judicial proceedings, in a
fair, accurate and reasonable manner. But it
shall not publish anything --which, in its direct
and immediate effect, creates a substantial
risk of obstructing, impeding or prejudicing
seriously the due administration of justice;
or -- is in the nature of a running commentary
or debate, or records the paper's own findings,
conjectures, reflection or comments on issues,
sub judice and which may amount to arrogation
to the newspaper the functions of the court;
or -- regarding the personal character of the
accused standing trial on a charge of committing
a crime. The 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, in the public interest, make
reasonable criticism of a judicial act or the
judgement of a court for public good; they shall
not cast scurrilous aspersions on, or impute
improper motives, or personal bias to the judge.
Nor shall they scandalise the court or the judiciary
as a whole, or make personal allegations of
lack of ability or integrity against a judge.
- The
newspaper shall, as a matter of caution, avoid
unfair and unwarranted criticism which, by innuendo,
attributes to a judge extraneous consideration
for performing an act in due course of his /
her judicial functions, even if such criticism
does not strictly amount to criminal contempt
of court.
- 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 'trade' practice,
repugnant to journalistic ethics. The question
as when it assumes such an unethical character,
is one of the fact 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 the 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 unethicality, the 'lifting' newspaper must
duly acknowledge the source of 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 a 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.
- A
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.
- Newspapers
while publishing advertisements, shall specify
the amount received by them. The rationale behind
this is that advertisements should be charged
at rates usually chargeable by a newspaper since
payment of more than the normal rates would
amount to a subsidy to the paper.
- Publication
of dummy advertisements that have neither been
paid for, nor authorised by the advertisers,
constitute breach of journalistic ethics.
- Deliberate
failure to publish an advertisement in all the
copies of a newspaper offends against the standards
of journalistic ethics and constitutes gross
professional misconduct.
- There
should be no lack of vigilance or a communication
gap between the advertisement department and
the editorial department of a newspaper in the
matter of considering the propriety or otherwise
of an advertisement received for publication.
- 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.
- An
editor shall be responsible for all matters,
including advertisements published in the newspaper.
If responsibility is disclaimed, this shall
be explicitly stated beforehand.
Guidelines
on specific issues
A)
Guidelines for observance by the press in the
wake of communal disturbances 1969
Recognising
that the press which enjoys the utmost freedom
of expression has a great and vital role to play
in educating and moulding public opinion on correct
lines in regard to the need for friendly and harmonious
relations between the various communities and
religious groups forming the fabric of Indian
political life and in mirroring the conscience
of the best minds of the country to achieve national
solidarity, the Press Council of India considers
that this object would be defeated, communal peace
and harmony disturbed and national unity disrupted
if the press does not strictly adhere to proper
norms and standards in reporting on or commenting
on matters which bear on communal relations.
Without attempting to be exhaustive, the council
considers the following as offending against journalistic
proprieties and ethics:
1.
Distortion or exaggeration of facts or incidents
in relation to communal matters or giving currency
to unverified rumours, suspicions or inferences
as if they were facts and base their comments on
them.
2.
Employment of intemperate or unrestrained language
in the presentation of news or views, even as
a piece of literary flourish or for the purpose
of rhetoric or emphasis.
3. Encouraging or condoning violence even in the
face of provocation as a means of obtaining redress
of grievances whether the same be genuine or not.
4. While it is the legitimate function of the
press to draw attention to the genuine and legitimate
grievances of any community with a view to having
the same redressed by all peaceful, legal and
legitimate means, it is improper and a breach
of journalistic ethics to invent grievances, or
to exaggerate real grievances, as these tend to
promote communal ill-feeling and accentuate discord.
5.
Scurrilous and untrue attacks on communities,
or individuals, particularly when this is accompanied
by charges attributing misconduct to them as due
to their being members of a particular community
or caste.
6. Falsely giving a communal colour to incidents
which might occur in which members of different
communities happen to be involved.
7.
Emphasising matters that are not to produce communal
hatred or ill-will, or fostering feelings of distrust
between communities.
8. Publishing alarming news which are in substance
untrue or make provocative comments on such news
or even otherwise calculated to embitter relations
between different communities or regional or linguistic
groups.
9.
Exaggerating actual happenings to achieve sensationalism
and publication of news which adversely affect
communal harmony with banner headlines or in distinctive
types.
10.
Making disrespectful, derogatory or insulting
remarks on or reference to the different religions
or faiths or their founders.
Guidelines
issued by the Press Council for observance by
the state governments and the media in relation
to communal disturbances 1991
i. The state government should take upon themselves
the responsibility of keeping a close watch on
the communal writings that might spark off tension,
destruction and death, and bring them to the notice
of the council;
ii.
The government may have occasion to take action
against erring papers or editors. But it must
do so within the bounds of law. If newsmen are
arrested, or search-and-seizure operations become
necessary, it would be healthy convention if such
developments could be reported to the Press Council
within 24 to 48 hours followed by a detailed note
within a week;
iii.
Under no circumstances must the authorities resort
to vindictive measures like cut in advertisements,
cancellation of accreditation, cut in newsprint
quota and other facilities;
iv.
Provocative and sensational headlines should be
avoided by the press;
v.
Headings must reflect and justify the master primed
under them;
vi.
Figures of casualties given in headlines should
preferably be on the lower side in case or doubt
about their exactness and where the numbers reported
by various sources differ widely;
vii.
Headings containing allegations made in statements
should either identify the person / body making
the allegation or, at least, should carry quotation
marks;
viii.
News reports should be devoid of comments and
value judgement;
ix. Presentation of news should not be motivated
or guided by partisan feelings, nor should it
appear to be so;
x.
Language employed in writing the news should be
temperate and such as may foster feelings or amity
among communities and groups;
xi.
Corrections should be promptly published with
due prominence and regrets expressed in serious
cases; and
xii.
It will help a great deal if in-service training
is given to journalists for inculcation of all
these principles.
Guidelines
issued by the Press Council on January 21-22,
1993 in the wake of the Ram Janambhoomi - Babri
Masjid dispute
Guidelines
for guarding against the commission of the following
journalistic improprieties and unethicalities
1. Distortion or exaggeration of facts or incidents
in relation to communal matters or giving currency
to unverified rumours, suspicions or inferences
as if they were facts and base their comment on
them.
2.
Employment of intemperate or unrestrained language
in the presentation of news or views, even as
a piece of literary flourish or for the purpose
of rhetoric or emphasis.
3.
Encouraging or condoning violence even in the
face of provocation as a means of obtaining redress
of grievance whether the same be genuine or not.
4. While it is the legitimate function of the
press to draw attention to the genuine and legitimate
grievances of any community with a view to having
the same redressed by all peaceful legal and legitimate
means, it is improper and a breach of journalistic
ethics to invent grievances, or to exaggerate
real grievances, as these tend to promote communal
ill-feeling and accentuate discord.
5. Scurrilous and untrue attacks on communities,
or individuals, particularly when this is accompanied
by charges attributing misconduct to them as due
to their being members of a particular community
or caste.
6. Falsely giving a communal colour to incidents
which might occur in which members of different
communities happen to be involved.
7. Emphasising matters that are apt to produce
communal hatred or ill-will, or fostering feelings
of distrust between communities.
8. Publishing alarming news which are in substance
untrue or make provocative comments on such news
or even otherwise calculated to embitter relations
between different communities or regional or linguistic
groups.
9. Exaggerating actual happenings to achieve sensationalism
and publication of news which adversely affect
communal harmony with banner headlines or distinctive
types.
10. Making disrespectful, derogatory or insulting
remarks on or reference to the different religions
or faiths or their founders.
B)
Coverage of handouts of militants / terrorists
Guiding
principles arising out of a complaint against
the publication of some ULFA handouts / threat
notes by a newspaper of Assam
The
Press Council has enunciated some general principles
for the guidance of the press. These are in tune
with the recommendations of the Press Council
of India Report on Punjab and Jammu and Kashmir,
adopted by the Press Council in January, 1991.
These guiding principles considered by the council
in September 1992, are as follows:
Dictates
or 'press notes' commanding newspapers to publish
them, under duress or threats of dire consequence,
emanating from elements wedded to violence, constitute
"the gravest assault on the freedom of the
press which is one of the surest guarantors of
a democratic and plural society".
Generally,
such dictates or notes are not newsworthy per
se. Their publication tends to demoralise the
public and to affect adversely public, police
and security. The publication not only compromises
the freedom and independence of the newspaper
concerned, but also constitutes an offence against
the standards of journalistic ethics and professional
responsibility.
This
is not to say that if there is anything newsworthy
in a 'press note' emanating from any source, it
should be blacked-out altogether, because 'self-censorship'
may be "no less dangerous for being insidious".
The essential point is that editors must exercise
due caution and circumspection in considering
the dissemination of such press notes.
If
the whole of the note is not pernicious, then
it may be edited, its objectionable portions removed
and language toned down so that whatever is truly
newsworthy gets disseminated in a balanced manner.
However, where the 'news' and the objectionable
portions are inextricably mixed up, violating
the entire warp and woof of the 'press note',
it will be prudent to withhold its publication
altogether.
This
is not an easy way out, as the media's experience
of militancy in Punjab has amply demonstrated.
More than 50 media personnel have lost their lives
in terrorist attacks and ignoring a militant press
note can lead and has often led, to death of innocent
and defenceless media persons.
Any
show of editorial defence and courage is likely
to be seen by defenceless employees of newspapers
as exposing them to avoidable dangers. Editors
and proprietors under these circumstances have
little room for manoeuvres. A workable expedient
that proved useful in Punjab, is for the government
to be in close touch with newspapers so that objectionable
and anti-national press notes from groups swearing
by violence could be removed from newspapers before
publication.
Even
though this may be seen as a form of pre-censorship,
this arrangement saved lives and spared newspapers
from difficult and delicate choices. There is
however a danger of a wilful administration using
this process to muzzle the press and misuse its
authority under the law to define 'objectionable
material' on its own terms.
Strict
procedures must therefore be laid down. Orders
passed under any legislation in this regard from
time to time in relation to publication of allegedly
'objectionable matter' should be subjected to
some kind of appellate review so as to curb any
propensity to arbitrary action. The principal
legislation and rules made thereunder should also
be periodically reviewed in the light of changing
circumstances. These safeguards should be built
into all such press legislation.
C)
Aids and the media
The
mass media should help set an agenda for the country
to fight the Aids pandemic in co-ordination with
the government, the medical profession and the
voluntary agencies. So far, the media in India
have treated Aids more as news than as a growing
menace and scourge threatening both human lives
and dignity.
An
exploratory content-analysis study conducted by
the Operations Research Group during 1989-90 revealed
the inadequacy of print media coverage on Aids
in India. The coverage of prominent urban dailies
focussed more on clinical diagnostic research
on Aids in western countries, and little on the
Aids problem in India and its social implications.
There
were very few independent reports on Aids and
the sources of most stories were international
agencies. Further, most stories were located in
inside pages or in supplements, and, content-wise
were superficial in nature. Since the disclosures
of the survey, until 1992, the quality and quantity
of newspaper coverage on Aids in India has not
changed much while the relative quantity of Aids
coverage is on the rise, and while a greater recognition
exists on the part of the print media about the
problem of Aids in India, newspapers are to quote
experts, still 'reactive' rather than 'proactive'.
Dos and don'ts
From sporadic news, Aids must become a campaign
target for our mass media with the following components
of dos and don'ts:
- The
media must inform and educate the people, not
alarm or scare them. The emphasis must be on
the fact that HIV (Human immunodeficiency virus)
can be prevented from going into unaffected
humans. Aids takes around 10 years to develop
and HIV is a virus which does not survive for
long outside a body. Thus, it is not spread
by casual contact, hugging or kissing or through
food or water or through insects.
- The
media must hammer home the point that Aids,
through sexual transmission or blood infection,
can be prevented. Minimum precaution of the
use of condoms in sex, and sterilisation of
skin-piercing instruments and their prompt disposal
after use.
- The
media must report every case pertaining to Aids,
be it positive or negative. There must be a
constant liaison between the media and the medical
profession to report on latest developments
and research findings.
- The
media must highlight and crusade against such
practice as quarantine, isolation and ostracism
of Aids patients. Besides being an affront to
human dignity, those practices will not help
minimise Aids infection, and are injurious to
public health as 'they give a false sense of
security to people outside the stigmatised group
that the threat of infection has been removed
and the need for precaution minimised.' Also,
such practices will drive the Aids problem underground
and make the campaign against the scourge more
difficult. Community education, using all the
latest expertise of mass education and behavioural
scientists and media experts, has to play a
crucial role in spreading the message about
preventing this dreaded infection. Option builders
of the society (political and religious leaders,
movie and sports personalities, other famous
persons) must take the leadership in educating
the public about Aids and how to avoid contracting
this infection. The innovative use of media
and a positive reporting attitude of the media
will go a long way in making the Aids awareness
campaign a success.
- The
media must force the authorities to impose rigorous
blood-testing norms on prostitutes and professional
women and issue periodical warnings to the public
about areas where the incidence of Aids has
high probability.
- The
media must help the authorities in eliminating
commercial blood collection and pre-testing
of all blood donors for HIV and other diseases.
- The
media must as a role respect the right to privacy
of Aids patients and must not subject them to
needless exposure and social stigma.
- Every
mass medium must observe the terms of the final
document of the international consultation of
Aids and human rights, and promptly report the
violation of such rights protecting the basic
human rights to life and liberty, privacy and
freedom of movement.
D)
Guidelines for financial journalists
1.
The Press Council of India has counselled reporters
/ financial journalists / newspaper establishments
to refrain from receiving any gifts / grants /
concessions / facilities, etc., either in cash
or kind which are likely to compromise free and
unbiased reporting on financial matters.
2. The council in its report has observed that
financial journalists today enjoy considerable
influence over readers' minds and, therefore,
they owe it to them to present a balanced and
objective view of the financial dealings, status
and prospects of a company. It observed that some
companies are given excessive news coverage in
the newspapers / magazines because they have issued
advertisements to that print media. Sometimes,
adverse reports are published of those companies
which do not give advertisements to the newspapers
or magazines. Again, when a media is not happy
with any company / management for whatever reason,
the negative aspects of the company are highlighted,
while in the reverse situation, no negative aspects
are brought to light. Some companies are also
known to give gifts, loans, discounts, preferential
shares, etc., to certain financial journalists
to receive favourable and positive reports of
the companies. At the same time, there is no mechanism
for investors' education or for raising public
opinion against such unhealthy practices.
3. The council feeling concerned over the malpractice
in the corporate sector and after holding detailed
deliberations and discussions with the representatives
of financial institutions and journalists, has
recommended the guidelines enumerated below for
observance by the financial journalists:
- The
financial journalists should not accept gifts,
loans, trips, discounts, preferential shares
or other considerations which compromise or
are likely to compromise his position.
- It
should be mentioned prominently in the report
about any company that the report is based on
information given by the company or the financial
sponsors of the company.
- When
the trips are sponsored for visiting establishments
of a company, the author of the report who has
availed of the trip must state invariably that
the visit was sponsored by the company concerned
and that it had also extended the hospitality
as the case may be.
-
No matter related to the company should be published
without verifying the facts from the company
and the source of such report should also be
disclosed.
-
A reporter who exposes a scam or brings out
a report for promotion of a good project, should
be encouraged and awarded.
-
A journalist who has financial interests such
as share holdings, stock holdings, etc., in
a company, should not report on that company.
- The
journalist should not use for his own benefit
or for the benefit of his relations and friends,
information received by him in advance for publication.
-
No newspaper owner, editor or anybody connected
with a newspaper should use his relations with
the newspaper to promote his other business
interests.
- Whenever
there is an indictment of a particular advertising
agency or advertiser by the Advertising Council
of India, the newspaper in which the advertisement
was published must publish the news of indictment
prominently.
E)
Guidelines expected to be observed by the newspapers,
journalists, etc., while publishing reports on
elections
General
elections are a very important feature of our
democracy and it is imperative that the media
transmits to the electorate fair and objective
reports of the election campaign by the contesting
parties. Freedom of the press depends to a large
measure on the press itself behaving with a sense
of responsibility.
It
is, therefore, necessary to ensure that the media
adheres to this principle of fair and objective
reporting of the election campaign. The Press
Council has, therefore, formulated the following
guidelines to the media for observance during
elections:
- It
will be the duty of the press to give objective
reports about elections and candidates. The
newspapers are not expected to indulge in unhealthy
election campaigns, exaggerated reports about
any candidate / party or incident during the
elections. In practice, two or three closely
contesting candidates attract all the media
attention. While reporting on the actual campaign,
a newspaper may not leave out any important
point raised by a candidate and make an attack
on his or her opponent.
- Election
campaign along communal or caste lines is banned
under the election rules. Hence, the press should
eschew reports which tend to promote feelings
of enmity or hatred between people on the ground
of religion, race, caste, community or language.
-
The press should refrain from publishing false
or critical statements in regard to the personal
character and conduct of any candidate or in
relation to the candidature or withdrawal of
any candidate or his candidature, to prejudice
the prospects of that candidate in the elections.
The press shall not publish unverified allegations
against any candidate / party.
- The
press shall not accept any kind of inducement,
financial or otherwise, to project a candidate
/ party. It shall not accept hospitality or
other facilities offered to them by or on behalf
of any candidate / party.
- The
press is not expected to indulge in canvassing
of a particular candidate / party. If it does,
it shall allow the right of reply to the other
candidate / party.
-
The press shall not accept / publish any advertisement
at the cost of public exchequer regarding achievements
of a party / government in power.
-
The press shall observe all the directions /
orders / instructions of the election commission
/ returning officers or chief electoral officer
issued from time to time.
Guidelines
for pre-poll / exit-poll survey
The
Press Council of India having considered the question
of desirability or otherwise of publication of
findings of pre-poll surveys and the purpose served
by them, is of the view that the newspapers should
not allow their forum to be used for distortions
and manipulations of the elections and should
not allow themselves to be exploited by interested
parties.
-
The Press Council, therefore, advises that in
view of the crucial positio
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