Freedom is important, so is responsibility. In countries like India, the media have a responsibility to fight backward ideas such as casteism and communalism, and help the people fight poverty and other social evils.
Freedom of the press and journalistic ethics is an important topic today in India — with the word ‘press' encompassing the electronic media also. There should be a serious discussion on the topic. That discussion should include issues of the responsibilities of the press, since the media have become very prominent and very powerful.
In India, freedom of the press has been treated as part of the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution, vide Brij Bhushan and Another vs. The State of Delhi, AIR 1950 SC 129 and Sakal Papers (P) Ltd vs. Union of India, AIR 1962 SC 305, among others. However, as mentioned in Article 19(2), reasonable restrictions can be placed on this right, in the interest of the sovereignty and integrity of India, the security of the state, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Hence, freedom of the media is not an absolute freedom.
The importance of the freedom of the press lies in the fact that for most citizens the prospect of personal familiarity with newsworthy events is unrealistic. In seeking out news, the media therefore act for the public at large. It is the means by which people receive free flow of information and ideas, which is essential to intelligent self-governance, that is, democracy.
For a proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.
In India, the media have played a historical role in providing information to the people about social and economic evils. The media have informed the people about the tremendous poverty in the country, the suicide of farmers in various States, the so-called honour killings in many places by Khap panchayats, corruption, and so on. For this, the media in India deserve kudos.
However, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.
I know of a case where the photograph of a High Court judge, who was known to be upright, was shown on a TV channel along with that of a known criminal. The allegation against the judge was that he had acquired some land at a low price misusing his office. But my own inquiries (as part of which I met and asked questions to that judge and many others) revealed that he had acquired the land not in any discretionary quota but in the open market at the market price.
Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfil their true role in a democracy.
Recently, reports were published of paid news — which involves someone paying a newspaper and getting something favourable to him published. If this is correct, it is most improper. Editors should curb this practice.
Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) — which the unwritten British Constitution does not — the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.
Also, often the media publish correct news but place too much emphasis on frivolous news such as those concerning the activities of film stars, models, cricketers and so on, while giving very little prominence to much more important issues that are basically socio-economic in nature.
What do we see on television these days? Some channels show film stars, pop music, disco-dancing and fashion parades (often with scantily clad young women), astrology, or cricket. Is it not a cruel irony and an affront to our poor people that so much time and resources are spent on such things? What have the Indian masses, who are facing terrible economic problems, to do with such things?
Historically, the media have been organs of the people against feudal oppression. In Europe, the media played a major role in transforming a feudal society into a modern one. The print media played a role in preparing for, and during, the British, American and French Revolutions. The print media were used by writers such as Rousseau, Voltaire, Thomas Paine, Junius and John Wilkes in the people's fight against feudalism and despotism. Everyone knows of the great stir created by Thomas Paine's pamphlet ‘Common Sense' during the American Revolution, or of the letters of Junius during the reign of the despotic George III.
The media became powerful tools in the hands of the people then because they could not express themselves through the established organs of power: those organs were in the hands of feudal and despotic rulers. Hence, the people had to create new organs that would serve them. It is for this reason that that the print media became known as the Fourth Estate. In Europe and America, they represented the voice of the future, in contrast to the feudal or despotic organs that wanted to preserve the status quo in society. In the 20th century, other types of media emerged: radio, television and the Internet.
What should be the media's role? This is a matter of great importance to India as it faces massive problems of poverty, unemployment, corruption, price rise and so on.
To my mind, in underdeveloped countries like India the media have a great responsibility to fight backward ideas such as casteism and communalism, and help the people in their struggle against poverty and other social evils. Since a large section of the people is backward and ignorant, it is all the more necessary that modern ideas are brought to them and their backwardness removed so that they become part of enlightened India. The media have a great responsibility in this respect.
(Markandey Katju is a Judge of the Supreme Court of India. The second part of this article will follow.)
Keywords: freedom of press, journalistic ethics, print media, electronic media



Journalism is the mirror of the world, it plays an important role in bringing out the reality that happens in the nuke and corner of the world."Cyril Connoly" rightly said,"Literature is the art of something that will be read twice, but journalism what will be grasped at once."
Media is the mirror through which people see the world around them. Socio-economic, political, culture and arts, science & Technology development, international events are some of the entities which forms a part of the image people see in that mirror. It is sad that these days people are more inclined towards the sensationalism and cheap news rather than the events which are actually shaping the future of india. The author is correct in saying that media should be more responsible and should always give the clear image of the country as a whole without any distortion in the form of lineage to particular set of ideas or influential people.
In my humble opinion you epitomise what is actually wrong with a major part of the Indian intelligentsia. You seem to think that those who do not think like you are 'backwards'. Yet you jump on your high horse defending democracy. Democracy is still democracy even if your ideas are not followed. I hope you take time to respond
Great article- I wish news media behaves more responsible way. Freedom alone can not be enjoyed with out taking responsibility.
I agree with the view offerd by Bagisha in the aforesaid letter. Our fate being a democratic nation is in three hands -people, press and finance.The value of the press cannot be underrated in comparison to two others. The press has been termed the fourth estate of democracy. It represent vox populi. When the press goes wrong, it gives the signal for the nation to fall sick intellectually and spiritually.The time has come to think over this issue that press should be the bliss for the people to ameliorate their ovrall conditions!
"With great power comes great responsibility" (Spiderman and PAA). In the current scenario the media has got a vast reach throughout the country which is their power but have they acted upon it responsibly? To some extent yes, they have played a pivotal role in exposing certain scams and raising issues for the benefit of the common citizen. But now, with the expansion of this sector and the introduction of so many new players, this has become more of a business rather then a medium for the public to raise their outcry against injustice. The media is more concerned about their TRP's rather then raising the outcry of the people. Although it is a fundamental right to maintain the freedom the press but a necessary amendment is required to ensure that this right is not misused for somebody's vested interests, one's vested interest may turn into a night mare for others. The media is a public resource which should be used to inform the citizens about what is happening in the country and raise issues that are bothering the common man, acting as a medium to raise the outcry of the common man to the higher authorities so that corrective action is taken rather then informing them about the trivial issues concerned to anyone.
It is really an informed and enlightened article. It is the media that makes the people to exercise their rights in the world largest democratic country in a proper and lasting manner. As the media has the capacity of producing the overwhelming opinion, it could very well induce the minds of the mass to contribute for the creation of an Indian society where all individuals share the same dignity and honour and contribute to the creation of one super power nation that is INDIA, by overcoming the evils of casteism, secterianism, illiteracy and povery. My hearty congratulations and wishes for the author His Excellecy, Markandey Katju, Judge of the Supreme Court of India, to bring forth more articles in this line and my sincere appreciation for the Hindu for publishing them.
we wait for the media to take a stance on the anti corruption wave that is taking place in india. Hopefully they will support the people who they so proudly claim to represent.
If the media claims to be so responsible, why are they not reporting the Spanish Revolution, among other things?
Thank you for putting such article in your media, over the years I heard only The Hindu is still brings meaningful articles. It is very difficult to believe the media these days as many other sources or channels on TV have dis-reputed media. Most of the times news seems to be paid up version. Media highlights what sells. Instead of media building a good community or doing the right thing, it shows what news might sell for short term. Some media do have highlighted the right news, and I hope few bad apples does not spoil the lot.
Thanks
Freedom of the press and journalistic ethics
I applause view of Mr.Markandey Katju expressed in editorial. Media is powerful tool in this era and need to be very much responsible. It has to provide authentic information. Now days some of the electronic media channels have become channels of film, cricket and astrology. They shows and emphasis the information of the films, pop music, disco-dancing rather than providing information about casteism, communalism, and help the people to uproot existing social evils.
In my opinion some channel/news agencies misusing freedom of speech and expression guaranteed article 19(1)(a). I also applaud to the editor of The Hindu, that it rendering its real duty towards building this nation.
good piece of article taken and exposed. Media as stated in underdeveloped country have a significant role in combating casteism and other social evils should take responsibility to present and focus on burning issues India is facing like coruption,black money,poverty etc. Other than those trivial news after all nation rely on you ...
It is a well documented fact that a plurality of the public does not trust the media even in a supposedly advanced country like the United States.It is therefore not fair to blame the media of an allegedly undeveloped country like India for not living upto journalistic standards.The sharp deterioration in the quality of the media has occurred all over the world mostly because of the preponderance of the profit motive of the industry
Your meaningful and thought provoking article ,Freedom for the press and Journalistic ethics,was good to read.Recent years Press was, playing a vital roll in bringing many important issues,to the Society.At this crucial hour both Freedom for the Press and Journalistic ethics is needed.
Media is fourth column of democratic system while India has largest democracy in the world.Media (electronic and print media) is a powerful tool for us to create new organs that would serve the nation,writing is more powerful than sword and represents the voice of future,Article 19(a) gives right to freedom of speech, but in recent incidents (better known as scams) media has lost its transparency, in many cases media has been missed its worthiness (for e. g. 26/11) .Before the freedom broadcast media as well as print media played a major role in transforming a feudal society into a modern one.Media's role is matter of great importance in India Instead of cheap publicity and time wasting news media should fight against back ideas as casteism , communalism and massive problems like poverty,unemployment, corruption & inventing new ideas to remove backwardness of society and underprivileged villages because "village progresses , country progresses "
Excellent issue, the one, which is very important to public and journalists as well. The way the writer narrates the topic 'Responsibilities of journalists' very informative.
Article although states the need of the hour, those who speak are vandalised. Who will protect them from the harmful hands of those against whom they have dared to raise their voices?
Great and indeed a timely article given the circumstances india is facing now. We all agree on the fact that media should display more responsiblity while putting any piece of information on everyone's radar. This would otherwise unnecessarily divert the attention to vague abd baseless issues. In recent times media have done splendid job in bringing out the deficiencies in our system. Be it CWG or 2G spectrum issue, they have shown great courage and responsibilty in bringing out the truth to the world and pointing out the key loopholes in the system. But at the same if we will look it from another angle, we would realize that they are sensationalising the whole issue to make thier own profit."Big Names" "Big money" !! arent these enough to guess what I mean. According to me media should keep itself at a distance from all the monetary aspects, then only it can be fair and true to themselves and whole nation.
Its very sad to hear nowdays about paid news, its a big disgrace for whole media fraternity. A lot of self introspection is required by media companies. They should realize their role much better. They represent voice of the people and how can this voice be heard if their base itself is build on the accusations and rumors.
True, media has much bigger role to play, if india seroiusly wants to be out of the fringe of developing countries. There are many important issues that needs urgent attention. Education is one sector where i think media can play an important role. There is no doubt about the depthness of knowledge media has about the indian cultures and conditions.They understand conditions much better than our politicians. They can provide vital inputs to move in right direction.
All they need to realize is that "They are also part of this great nation and isnt it their cumalative duty to make a better India"
Very well summarized article sir. Only issue of contention is "responsibility to fight backward ideas such as casteism and communalism". The communalism you mention is a creation of this very media. Humans formed communities to survive. Are you saying since we now have a country humans should stop living thus. And casteism, this land has survived for 1000s of years because of it. We should fight casteist discrimination not casteism.
I agree with the author's point regarding balanced view on pending cases. The media generally goes with the saying 'Guilty until proven otherwise' when it comes to the high profile pending cases of public. But when media personnel find themselves in the dock as in the recent Radia tapes scandal when many prominent journalists were under scanner, the saying is twisted to become 'not guilty until proven otherwise'. This double standard approach is going to jeopardize the faith ehich common people have in media.
Apropos this article I would like to quote - "With great power comes great responsibilities." The accountability of media is the utmost need of the hour as it is the most powerful pillar, among the four, of any country. The reasons that make media vulnerable to yellow journalism, unethical practices and corruption are myriad. Firstly, there are politicians, businessmen, lobbyists, etc who are using it as ghost writer. Secondly, there are hundreds of news channels which run 24X7 and want sensational news to keep their TRP's high all the time and so cater to false news as well as dramatisation of trivial issues. The media, most of the time is missing the goal it, initially, started it. This may not be true for every newspaper and news channel. The Hindu is one such blotless journal.The time has come for the mediapersons to become more accountable and responsible to their nation which is laden with corruption and malpractices in all spheres of life.
Though the article has highlighted what this newspaper has stood by for over these years, an interesting point here that the justice katju touched is that of obscenity in media, I request The Hindu to bring something on it, how should it be tackled ?
Its a very good article. The need to show the plight of the less fortunate will empower them to take control of their destinies, thus creating an equitable distribution of resources across spectrum. This will also assist in development (not only growth which is the norm currently). It will also unleash talent of millions who are out of the 'Access Zone". On the urban scene too changes by the media can be made. For example, Mohandas Pai, the former Director of Infosys said while exiting from the Company, in one of the interviews, "You (meaning the media) must highlight Executives who are making tremendous contribution, but no one knows of them." "People like us (referring to the Directors of Infosys, amongst other well known names) are always shown on the visual and print media. But it is they (the vibrant Executives) who are the magnificent contributors, and the media is not noticing them." I totally back the view.
You just multiply this across the various spectrum of people, and imagine the results we will get. Brilliance & Magnificence could become the norm for a country like India. Empowering is what the media must do, and i say this as it definitely can. Well, in a way, The Hindu is showing the way. Question is will the rest follow? Also will The Hindu up the ante?
A very nice article, thanks a lot for it. But I am witnessing a trend change these days in Media, as in , the reason, for which a person used to join media, although not completely but at least partially has changed. Earlier it was considered to be a domain of people with high intellect and a zeal to do something for nation, but these days people join for fame, power and money. Of course these are the biggest motivation these days and you can achieve all three if you are smart enough and you are associated with media somehow.
I have seen reporters both from paper media and visual media leveraging their position to get personal favors. Our country's politicians, being totally corrupt, are little scared with media and hence they collaborate with media, which is one of the reasons media is getting soiled. Also, a very important point taken up by you guys, these days media caters less news and more "Masala". They say at the end of the day it is a game of viewer-ship and TRP. If people are more interested in watching news such as "Sheela and Munni" rather than "List of scandals under Congress regime" what they can do. But I believe by giving such an excuse, media is running away off its primary duties, which have been well explained in your editorial article.
There is one advertisement that keeps coming on many channels including popular english news channels -- in the advertisement, a girl is seen with a long-haired boy by both her parents after which the mother tells father to find a guy from "our own community". The advertisement is for a matrimonial website. The disturbing point here is not the advertisement itself as such but the fact that such stuff is allowed to be aired so brazenly on TV. The whole focus of the media and everyone must be to unite people and not to divide them on lines of community.
Media is getting entangled in economics and business rather than the core of journalism which is about presenting fair and reasonable analysis based on facts. It seems the clamour for TRPs have made most of the electronic media susceptible to sensationalism and trivia. The 24 X 7 culture has given rise to urgency of breaking news every 5 minutes and the real issues have gone into background.
The objectivity has been lost and the space has been hogged by film stars, cricketers, businessmen, corporate scandals etc. Social issues like national integration, casteism, poverty, religious orthodoxy, social injustice, juvenile delinquency, gender disparity etc have taken backseat and most of the channels just indulge in lip-service on these issues.
Secondly the recent cases of paid news and journalists acting as power brokers (neera radia case) have cast a shadow on some media houses and these transgressions would have to be avoided through self-regulation of media rather than govt intervention.
Much more disturbing aspect is control of media by corporates and vested interests. There are cases of one-sided and prejudiced reports specially true of business channels where consistent favorable reporting can help an virtually-unknown company in successful IPO's. Same is true for channels run by political parties which are generally used as an instrument of vendetta politics.
Considering this, the freedom of media becomes an important question to ponder over. There are indeed reasonable restrictions in our constitution which can be applied by govt but the need is of self-evaluation and self-restraint. There has to be utmost care exercised when matters like Ayodhya, riots, charges on leaders, bureaucrats, judges, reservation, poverty, govt policy are discussed. In a country like India, there will always be pressure groups but the media has to act as a voice of the poor and ostracized who are victims of the govt (and social) institutions.
The need to generate more revenue out of the media channels, magazines, newspapers have made them typical business enterprises where profit & loss matters more than the quality of reporting. Even though some of the media houses have been able to maintain the quality and objectivity in reporting (The Hindu is top among them), most of them have just gone into a herd mentality.
The HINDU had helped to bring "paid news" to light (read P. Sainath's articles). Writing this opinion piece in The HINDU, the author need not have been extra cautious to qualify the matter with the phrase "If this is correct". Do we still doubt that paid news exists ?
Paid news combined with the "chilling effect" of fear, makes the cocktail which kills freedom and liberty. India is soaking in it !
"Freedom is important, so is responsibility. In countries like India, the media have a responsibility to fight backward ideas such as casteism and communalism, and help the people fight poverty and other social evils."
Great to see that the learned judge talking about communalism. Although the popular refrain in the South Asia context communalism is as follows, it is better to describe this abused word as sectarianism.
"Communalism is used in South Asia to denote attempts to promote primarily religious stereotypes between groups of people identified as different communities and to stimulate violence between those groups. It derives not from community but from "tensions between the (religious) communities.[1] The sense given to this word in South Asia is represented by the word sectarianism outside South Asia.
In South Asia, "communalism" is seen as existing primarily between Hindus, Muslims, Sikhs, and Christians."
This article portrays some of the uncomfortable truths about the media. Journalism is perhaps the only profession that refuses to regulate itself. Public figures are pilloried with half-truths, blatant lies and misquoting- these appear on the front page, only to be retracted few days later innocuously in the tenth page in the smallest font and then forgotten. Authors of articles successfully peddle their bias, prejudice and bigotry as news and get away with it. Certain public figures, countries and political parties are always mocked and vilified. Equally there are public figures, countries and political parties who are never criticized or pulled up even when they are blatantly wrong. In one national English daily (with the largest circulation) out of ten top front-page news items, seven are about the antics of film-stars and IPL, drowning out Tsunamis, wars etc. And this pattern of reporting is (predictably and disgustingly) continued, day in and day out. Reporters who made a living out of reporting the foibles of film stars have mysteriously taken to financial journalism. At press interviews, certain politicians are never confronted with uncomfortable questions while the less fortunate ones make it to many editorials even if they open their mouths. Such is the state of media all the world over.
Freedom of the Press has two sides to the same coin. One being Freedom from the Government restrictions. More worrying aspect of recent times is not just paid news but the media being controlled and manipulated by politicians who own media networks either directly or indirectly. No matter how free the press is from Government restrictions we would not get any fair news if the media is controlled by vested Media Mafia which has vested political interests.
It is an important issue, which needs urgent attention. Media is an important component of all societies, especially in an open society like India where people can choose and change their rulers. Media is a link between the government and populace, whereby people's opinion through media gets known to the government, and government's actions. intents and policies gets manifested to people through media. Both ways communication has to be honest, responsible, and transparent. In a transforming society like India, where market forces has the power to influence opinions, media has the tendency to be swayed. TRPs and sales figures are important for any media organization. For that purpose a reasonable amount of event modulation is necessary for the media. However, most of the time in the process of modulation the real news gets obfuscated or even lost, which needs to be avoided. This phenomenon is univeral and there are no perfect examples in this world. Indian media has to set its set of rules and norms commensurate with the needs of our society. The natural thumb rule is that like any business "customer is king." For media, both people and government are customers. An honest, well researched, and professionally presented news is the key for win win situation for the media and completed spectrum of its stakeholders.
I like that the author has mentioned India as underdeveloped nation. As a true citizen of the country I think in the correct direction the author is pointing to rather than raising voice stereotypically asking how can one say India as a underdeveloped country. We can say India is a developing country only when efforts are taken to address the issues of poor, hungry and homeless people. There is a long way to at least say that we are a devloping nation and will become a developed nation.
Media is no exception where a public accessible entity is becoming a business. The author mentioned that film stars and other trivial news are published with more importance than the socio economic issues. But do they publish without having the audience for the trivial stuff. Media will stop such things only if each and every citizen opens his/her eyes to see the socio economic issues rather than the above mentioned trivial things.
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