Showing posts with label Press Freedom. Show all posts
Showing posts with label Press Freedom. Show all posts

Sunday, 23 June 2013

"Media Freedom and Media Responsibility "


I had firmly decided not to write any more articles or say anything publicly or appear on t.v. for quite some time, firstly because I had already expressed my views on several issues, and secondly because some people had started accusing me of seeking popularity or cheap publicity. I regard publicity or popularity seeking as a form of vulgarity, and I never seek it. 

What I was doing was to put forward certain ideas which I thought were in the national interest, though it is quite possible that some of my views were wrong. But since I was misunderstood by many people, some of whom even started abusing me and launching personal attacks, I thought that the time had come for me to become silent. 

For this reason I said and wrote nothing for two months, and I would have continued my silence in the future too for a long time but for an event which happened recently.

On 19th June a senior journalist wrote an article entitled " Muzzling the Media--Freedom at Risk", which was published in his own newspaper, a leading English Indian national daily. His basic idea was that the government was trying to muzzle the media, and thereby violate the freedom of the press guaranteed by Article 19 of the Constitution.

I would have remained silent had he left it at that, because, after all, he is entitled to his view. However, what motivated me to break my silence is that the article specifically named and vilified me as the main agent who is helping the government in gagging the media. The article describes me as a ' terrier', though by allusion. 
Since I had decided not to write or say anything for quite some time, at first I was thinking of not replying to this deliberate, malicious falsification of my views about the media ( which are available on my blog justicekatju.blogspot.in ). It was only after several days of deliberation that I reluctantly decided to respond, though not by getting some article published in a newspaper but only on Facebook and my blog.

Here are the true facts:

(1) I have consistently supported media freedom, and condemned attacks on the media, overtly or covertly, e.g. In the cases of Aseem Trivedi, Iftikhar Gilani, Shaheen ( the girl who wrote on Facebook), Prof. Mahapatra of Jadavpur University, etc or when media persons were attacked in Maharashtra, J&K, Himachal, etc, or when media freedom was sought to be covertly suppressed in Bihar, etc. I have strongly criticized some Congress governments too in this connection, and not merely non Congress governments. So how am I a Congress agent ?

I support freedom of speech not for popularity or as a fashion but because I genuinely believe in it. Without freedom to think, freedom to speak, freedom to write and discuss, and freedom to dissent there can be no progress. It was because there was freedom in England that it progressed, whereas countries like Spain, where freedom was stifled by the Inquisition, lagged far behind.

(2) When the Times of India office in Mumbai was attacked by some hooligans, I strongly condemned the incident. When the Court imposed a fine of Rs.100 crore on the Times Now channel, I defended Times Now, saying that no doubt it had made a serious mistake, but it had apologized for the same several times, and in any case the fine was excessive.

(3) In the article in question it is mentioned that I have spoken of the need for media ethics. What is wrong in this ? Should there be no ethics for the media ? Everybody is accountable in a democracy, but for the media should there be no accountability?

(4) In the article it has been stated that the government tries to muzzle the media by cutting off advertisements. Here I entirely agree. But what the writer conveniently overlooks is that I issued a strong press note on 4.2.2013 condemning this practice of governments stopping or curtailing advertisements merely because the newspaper criticized the government or some minister or official ( see the press note on my blog). I also said that in a democracy the media has a right to criticize the government. In any case, I said, if the government wishes to stop or curtail its advertisements in some newspaper it must give the latter an opportunity of hearing, and then reasons for its decision, otherwise the rules of natural justice will be violated.
In its issues of 5.2.2013 and 7.2.2013 the Times of India complimented me, and published the views of several media persons who supported my stand ( see online).

(5) The article takes the stand that there should only be self regulation by the media. In my opinion self regulation is no regulation, it is an oxymoron. If self regulation were sufficient why should there be the rampant malaise of paid news, allegations of blackmail, Radia tapes, etc ? Why should there be laws at all ? Let everybody self regulate.

The truth is that every social activity has to be regulated in the public interest, because one's freedom cannot go to the extent of damaging society or others. A lawyer is in a free profession, but his license can be suspended by the Bar Council for professional misconduct, and a doctor's license can be suspended by the Medical Council for medical misconduct.A Judge can be impeached for misconduct.

Here I must make the distinction between regulation and control. In control there is no freedom, whereas in regulation there is freedom but subject to reasonable restrictions in the public interest. I am in favour of regulation, but am opposed to control. This regulation, too, should not be by the government but by an independent statutory authority, like the Press Council. The Press Council consists of a Chairman and 28 members, 20 of which are representatives of the press ( 5 are members of Parliament, and one each from the Bar Council of India, UGC and Sahitya Academy). The press representatives in the Press Council are not appointed by the government but elected democratically by the press bodies.Decisions in the Press Council are taken by majority vote, and not by me alone. Often I have been overruled by the majority.

At present the Press Council deals only with the print media, but if the electronic media is also brought within its purview by an amendment to the Press Council Act ( as The Press Council has recommended several times to the government) there may be 20 representatives of the electronic media also on the Council ( which can be renamed the Media Council).

Thus, 40 of the 48 members on the Council will be media representatives, and decisions on complaints will be by majority vote. This will really be a judgment by one's peers. In fact this proposal is more pro media than that of Lord Leveson, who in his report recommended that media persons should not be on the Media Council. What reasonable objection can there be to this suggestion ?

The article objects to criticism of content in the media. But what is wrong in such criticism ? Today India's main problems are socio -economic--massive poverty in about 80% of our people, massive unemployment, healthcare problems, farmers suicide, malnutrition,etc. as well as rampant casteism, communalism, and widespread crimes against women like dowry deaths, honour killings, etc.Yet the media focuses on film stars, cricket, fashion parades,astrology etc as if these are the real problems of the Indian people. Thus the real problems of the Indian people are sidelined or treated as non issues, and the non issues are projected as if they are the real issues. Sensationalism, trivialization, etc are the hallmarks of much ( though not all) of the Indian media today, obviously for T.R.P. rating and profits from advertisement revenues. Today I read that Hema Malini's younger daughter has been engaged. What a historical event !

Is not the Indian media behaving largely like Marie Antoinette who said that if the people do not have bread let them eat cakes.
The Roman Emperors used to say that if you cannot give the people bread give them circuses. Much of our media seems to say, if you cannot give the people bread give them film stars and cricket. Cricket today is the opium of the Indian masses, doled out by the media to the gullible public.

Today India is passing through a terrible transitional period in its history,transition from feudal agricultural society to modern industrial society,which in my opinion will last another 20 years or so. The transitional era is a very painful and turbulent period in history. If one reads the history of Europe from the 16th to the 19th centuries ( when Europe was passing through its transition) one finds that it was full of turmoil, wars, revolutions, social chaos, intellectual ferment,etc. It was only after going through this fire that modern society emerged in Europe. 

India is presently going through that fire. We are going through a very painful period in our history, which I guess will last another 20 years or so. In this transitional period the role of ideas becomes very important, and therefore the role of the media becomes very important, because the media is not an ordinary business which deals in commodities, it deals with ideas. It is the duty of all patriotic Indians, including media persons, to help shorten this transitional period and make it less painful, so that India becomes a modern, powerful, industrial power, with all its people ( and not just a handful) prosperous and leading decent lives, with food, employment, healthcare, education, etc available to the masses. For this it is essential for intellectuals, including the media, to promote modern and scientific ideas and combat backward and feudal ideas and practices like casteism, communalism and superstitions.

But is the Indian media doing its patriotic duty ? No doubt there are some media persons like P. Sainath who are doing a great job, but what about others ? Filmstars and cricket dominate much of or media. Many t.v. channels show astrology, which is promoting superstitions, when the media should promote scientific ideas. At a time when our nation should be united if we are to progress, a section of the media promotes communalism by demonizing Muslims and portraying them as terrorists. 

Historically, the media arose in Europe in the 18th Century as an organ of the people against feudal oppression. At that time all the organs of power were in the hands of the feudal authorities. Hence the people in England and France had to create new organs which would represent their interests. The print media was one of those powerful organs created by the people. In England, France and America the media represented the voice of the future, as contrasted to the established feudal organs which wanted to preserve the status quo. Great writers like Voltaire attacked religious bigotry, Rousseau attacked the entire feudal social and political system, Thomas Paine proclaimed the Rights of Man.

In my opinion the Indian media should give leadership to the people in the realm of ideas, the way Voltaire, Rousseau, Thomas Paine, etc did when Europe was passing through its transitional period. Instead of pandering to the low tastes of the Indian masses our media should seek to uplift its intellectual level so as to make our masses part of enlightened India.

I do not wish to comment any further on the issue. In fact it is with great reluctance that I have written this piece only because of the vicious attack on me, twisting and falsifying my views, a methodology to which I have now become quite accustomed.
Justice Katju

Saturday, 17 November 2012

A jury of their peers


Media freedoms come with responsibilities. A stronger Press Council, composed of media professionals, would be the best regulator

The Indian Express carried a report about two television reporters, from India TV and ABP News, accused of blackmail for allegedly trying to extort Rs 20 lakh from a person by threatening to implicate him in a false case of rape (‘Two television reporters accused of sting and blackmail: ‘Rs 20 lakh or we air sex tape’’, November 9). Earlier, Jindal Steel alleged that Zee News attempted to extort Rs 100 crore from it. There are other allegations of such practices by media personnel. Paid news is apparently a common practice. Madhu Kishwar, a senior journalist herself, said on Rajya Sabha TV that many media people are bribable and manipulable.
When I spoke of regulating the media, there was a hue and cry in a section of it, which painted me as some kind of dictator who, at the behest of the government, wanted to gag or muzzle the media and crush media freedom.
Although I have expressed my views earlier, I would like to give a comprehensive clarification.
There is no such thing as absolute freedom. In our Constitution, Article 19(1)(a), which provides for media freedom (as part of freedom of speech), is subject to Article 19(2), which states that the freedom in Article 19(1) (a) is subject to reasonable restrictions in the public interest. Thus, there cannot be freedom to defame, incite religious riots, or extort and blackmail.
There is a difference between control and regulation. Where there is control, there is no freedom; while under regulation, there is freedom but it is subject to reasonable restrictions. I am in favour of regulation and am opposed to control. The question arises: who is to do this regulation? I am opposed to regulation by the government, but am in favour of regulation by an independent statutory authority like the Press Council of India.
The Press Council has, apart from its chairman, 28 members, 20 of whom are representatives of the press (six owners, six editors, seven working journalists and one from a news agency). These 20 members are not appointed by the government but elected by the press. Of the other eight members, five are members of Parliament and there is one person each from the Bar Council of India, the UGC and the Sahitya Akademi. Decisions in the Press Council are taken by majority vote and even I have to respect the verdict of the majority.
If the Press Council Act is amended and broadcast media comes under the Press Council (which can be renamed the “Media Council”), it can have an additional 20 members from broadcast media. Hence, 40 of 48 members will be media representatives. If this media council decides to take penal action by majority vote against a media person or media house, it will be a judgment by one’s peers and thus a form of self-regulation.
It may be mentioned that the Bar Council can suspend the licence of a lawyer, but Bar Council members are themselves lawyers. Similarly, the Medical Council has doctors as its members and can suspend a doctor’s licence. The proposed media council should have the power to suspend the licence of a media person or outlet, but such a suspension should be by majority vote of the media council.
This media council must be statutory and have penal powers, including the power to suspend licences. The News Broadcasting Standards Authority, which professes “self-regulation”, is a non-statutory body with no penal powers and is therefore toothless.
The Press Council has only the power of admonition or censure and no power to impose a fine or suspend a licence. I have advocated enlarging this body and making it a media council with penal powers, but the penal power should not be exercised by the chairman or the government, but by a majority of members. It will thus be a judgment by one’s peers. What reasonable objection can there be to this suggestion? Objecting to it implies that some media houses do not even trust their peers.
Those who accuse me of trying to crush media freedom can see my track record. I have fought for media freedom every time it was threatened, whether in Jammu and Kashmir, Maharashtra, the Karnataka legislative assembly, Uttar Pradesh, Bihar, etc. I was the strongest critic of the arrest of the cartoonist Aseem Trivedi, and Virbhadra Singh’s statement that he would break the camera of a media person. I genuinely believe that the media should be broadly free, and I have appreciated the good work done by the media in exposing scams. There are many excellent journalists who are doing a good job.
At the same time, I have also said that freedom comes hand-in-hand with responsibility. Evidently, media owners accustomed to having a free ride and making a lot of money (through advertisement revenue, etc), or who are using their media house to protect their other businesses where they are under suspicion of malpractice (one newspaper owner is said to have several other businesses, like sugar factories, coal blocks, etc), do not want any kind of regulation. If this attitude continues, I am afraid it will be counterproductive and may ultimately result in the severe curtailment of media freedom.

Published in The Indian EXPRESS on 17/11/2012

Friday, 14 September 2012

Note on the recent judgment of the Supreme Court of India regarding media coverage of Court Proceedings

After the judgment of the Supreme Court in Sahara India Real Estate Corp. Ltd & Ors Vs. Securities Exchange Board of India & anr delivered on 11.9.2012 there have been several critical comments about the same. In my opinion it is a balanced judgment which I agree with.

Ordinarily there should be freedom for the media to report court proceedings, because it is through the media that the people get to know about the functioning of the courts.

In feudal society the king was supreme and the people were subordinate to him. However in a modern democracy this relationship is reversed, and now the people are supreme, and all authorities, whether legislative, executive or judicial are only servants of the people. Surely the master has a right to know how his servant functions. The media is an agency of the people through which people get to know how state authorities, including the Courts, are functioning. It logically follows that ordinarily there should be freedom for the media to report court proceedings.

However, no rule can be absolute or rigid. The duty of the court is to do justice, and while ordinarily there should be freedom to the media to report court proceedings, in exceptional circumstances where the Judge feels that injustice would be done to an accused or defendant in a trial if the media reports the court proceedings, then the court has always power to prevent such reporting so that justice may be done. In fact this was the law even before the aforesaid judgment of the Supreme Court because the court has always this power, because the Judge has to do justice and prevent prejudice to a party if caused by reporting court proceedings. The Judge has the power to control and regulate proceedings in his court so that justice is done. In fact in camera proceedings in exceptional cases are sometimes resorted to.

The Supreme Court has observed in its judgment that a postponement order should be passed only in cases in which there is a substantial risk to the fairness of the trial or for appropriate administration of justice. However, the Supreme Court added that the postponement order should be for a limited period, and only in appropriate cases. I do not see what reasonable objection can there be to this view.

No right can be absolute, and the right to freedom of speech is subject to reasonable restrictions. Hence, the view taken by the Supreme Court is a correct and balanced views, and in fact this was the law even before its clarification by the Supreme Court in the aforesaid judgment.