DISCLAIMER: The notes given below are the compilation of information from various sources based on the topics that were discussed in the ‘Media Laws and Ethics” class. These notes are being compiled to help the students of Journalism enhance their knowledge.
DEPARTMENT: B.A. (Hons) Journalism
SEMESTER: III
PAPER: Media Laws and Ethics
TOPIC: Coverage of Child Abuse in the Media
INTRODUCTION
The media have played a major role in defining what is "normal" and what is "deviant" in society, thus contributing to definitions of what is and is not considered child abuse. The media have been essential to the growth of society’s awareness of child abuse and neglect, not so much from specific community education campaigns as through ongoing news and features reporting on specific cases, research, and intervention initiatives (Gough 1996).
The failures of child protection services in particular have preoccupied the media in Australia for decades (Stanley and Goddard, in press) with headlines having a familiar ring wherever they appear: in the following, United States: “Brianna report cites chaos in 7 DC agencies" (Horwitz and Higham 2000) New Zealand: "Never again: how we failed James Whakaruru" (Collins 2000); United Kingdom: after the terrible death of Victoria (known as Anna) Climbie, "Why did no one try to save this bright, happy girl?" (Bright and McVeigh 2001).
Other child abuse stories feature prominently and regularly in most major newspapers. The Courier Mail in Queensland carried a major story entitled "Drinking dad drops his baby, court told"
HISTORY
In 1962, Dr. Henry Kempe and his colleagues published their article "The Battered-Child Syndrome" in the Journal of the American Medical Association (Kempe et al. 1962). According to Barbara Nelson (1984: 58), this "caused a storm" in the medical and mass media, with the AMA contributing a press release entitled "Parental abuse looms in childhood deaths". Nelson argues that while the "rediscovery" of child abuse as a social issue is usually attributed to the work of Kempe and his colleagues, "in point of fact, the popular articles based on Kempe’s research were equally important in creating the sense of an urgent national problem" At this stage child abuse was defined narrowly, and speedy legislative responses were therefore possible. The media’s role was important "in transforming the once-minor charity concern called ‘cruelty to children’ into an important social welfare issue.”
CHILD ABUSE MEDIA REPORTING IN INDIA
The total crime against children rate went up from 28.9 percent in 2020 to 33.6 percent in 2021. Crimes against children across India increased by 16.2 percent between 2020 and 2021. In a global compilation of reports of child sexual abuse material (CSAM) found online, India stands right on top of the list, with 11.7% of the total reports or 19.87 lakh reports, followed by Pakistan, which contributes 6.8% of all reports (11.5 lakh reports).
Case study: to check the quality of Indian media reporting of child sexual abuse in India. Background: Media plays an important role in creating awareness and shaping public opinion about child sexual abuse (CSA). Research suggests that sensible media reportage on CSA is important for the positive impacts of media. However, most of the studies assessing the quality of CSA news reports are from Western countries.
Aim: To systematically assess the pattern of online news media reportage of CSA in India.
Methodology: A total of 149 news reports on the topic of CSA in India, published online over one year were analyzed. Framing of CSA and other news media characteristics were evaluated.
Results: Framing of CSA was episodic in the majority of news reports, with criminal-justice system-related details about individual cases mentioned in about 90% of reports. Further, more than two-thirds of news reports did not mention possible causes or reasons for CSA, and possible steps that people could take to prevent CSA. About one-fifth of news reports provided statistics, research findings, or correct information to dispel myths or wrong public stereotypes about CSA. The inclusion of a child helpline or contact information for any child welfare/support services was missing in most of the news reports.
Conclusion: This is the first study to systematically assess the quality of news media reports on CSA in India. It provides valuable baseline information about existing media practices and helps in identifying areas for further improvement of media reporting on CSA. There is a need to conduct regular workshops with media professionals to provide them with adequate training and support for improving the media reporting of CSA. While acknowledging that the media’s portrayal of child abuse and child protection can have negative consequences for children and their families, it is argued that media coverage is vital if public concern for children is to remain on the political agenda, and if child protection services are to remain accountable.
LAWS AGAINST CHILD ABUSE IN INDIA AND ACTIONS TAKEN BY THE GOVERNMENT
Child abuse is a pervasive and disturbing problem in India, with millions of children being subjected to physical, emotional, and sexual abuse every year. Between the years 2017-2020, there were 24 Lakhs Cases of child abuse were reported, out of which 80% of the victims were girls below the age of 14.
The Government of India has implemented several legal measures to protect children from abuse, and these measures are aimed at preventing, detecting, and punishing perpetrators of child abuse.
Despite the high numbers of reported cases, many cases of child abuse go unreported, and the true extent of the problem is likely to be even greater. The effects of child abuse can be devastating, leading to long-term physical and mental health problems, as well as social and economic consequences.
Historically, we have witnessed constructive changes in laws, policies, and recognition of human rights and child rights. The Constitution of India guarantees children’s rights.
- Article 21A guarantees the right to free and compulsory elementary for all children in the age group 6-14 years.
- Article 24(a) secures the right to be protected from any hazardous employment until 14 years.
- Children have equal rights as all other adult citizens of India, like, the Right to Equality (Article 14), the Right to Personal Liberty and the process of law (Article 21), the Right to be protected from being trafficked and forced into bonded labor (Article 23), etc.
Child Protection Laws in India are framed in line with constitutional provisions for safeguarding child rights. More than 250 statutes in India have been passed by the Union and State Governments. Some of the important legislations and their important provisions are as follows:
Indian Penal Code, 1860 (IPC)
- Section 75 of the code provides for punishment for cruelty to a child, while Section 76 provides for punishment for abetment of suicide of a child.
- The abandonment of a child below the age of twelve years is dealt with under Section 317, Punishment for abandonment is imprisonment for up to seven years or a fine or both.
- Inducing any minor girl to have sexual intercourse with another person is punishable under Section 366A. This crime shall be punishable with imprisonment of up to ten years and a fine.
- Section 372 and Section 373 of the act penalizes selling or buying minor girls for prostitution and illicit intercourse for any unlawful and immoral purpose, with imprisonment, which may extend up to ten years, and a fine.
Criminal Procedure Code, 1973 (CrPC)
The Criminal Law (Amendment) Act, 2013, the punishment for the rape of a minor girl has been aggravated (made more serious) under section 376(2)(i) of IPC. The punishment for rape of females below 16 years of age shall be minimum rigorous imprisonment of ten years which can extend up to life imprisonment.
The list of the child protection laws passed by the Union Government includes the following:
Children Pledging of Labour Act, 1933 (CPLA)
CPLA prohibits the pledging of the labor of children by the parent and any other person who employs children who have been pledged for labor. [5]
Child Labour (Prohibition and Regulation) Act, 1986 (CLA)
Child Labour (Prohibition and Regulation) Act of 1986 [6] is a law for the protection of children from child labor in India. The act prohibits the employment of children in hazardous occupations and also sets the minimum age for employment in any kind of work.
The Immoral Traffic (Prevention) Act, 1987 (ITPA)
The act makes it illegal to procure, transport, or hire a person for sexual exploitation or prostitution. This act also makes it illegal to traffic children for any purpose, regardless of their gender.
Prohibition of Child Marriage Act, 2006 (POCMA):
POCMA follows the basic premise
1. to make a child go through marriage is an offense, and
2. child or minor is a person up to 18 years of age in the case of girls and 21 years in the case of boys.
Right of Children to Free and Compulsory Education Act, 2009
The State was mandated to provide free and compulsory education within ten years under the Right to education. It was earlier a Directive Principle of the State but now, the Right to Education is acknowledged under the fundamental rights, making it a justiciable right under Article 21A. The Right to Education Act, 2009, also known as RTE Act describes modalities of the importance of free and compulsory education for children aged between 6-14 years in India.
The Protection of Children from Sexual Offences Act, 2012 (POCSOA):
The POSCOA was enacted to address and/or prevent sexual harassment, exploitation, sexual assault, abuse of pornography, and immoral acts against children. Under the Act, sexual abuse of a child is defined as any act that involves physical contact with a child or causes the child to be in a state of sexual arousal or stimulation. This includes penetrative and non-penetrative sexual assault, sexual harassment, and sexual exploitation.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA):
The Juvenile Justice (Care and Protection of Children) Act, 2015 [11] is a legislation in India that deals with the treatment of underage offenders. The Act, which came into force on January 15, 2016, replaces the previous Juvenile Justice (Care and Protection of Children) Act, 2000.
Under the Act, a child is defined as anyone who is below the age of 18 years. JJ classifies the term “child” into two categories:
1. ‘Child in conflict with law’ and
2. ‘Child in need of care and protection
The Act provides for the establishment of Juvenile Justice Boards and Child Welfare Committees to deal with the issues of children in conflict with the law and children in need of care and protection. These bodies are responsible for ensuring that the rights of children are protected and that they are treated in a manner that is conducive to their overall development.
The Act also provides for the establishment of special homes and observation homes to provide shelter, care, and protection to children in need. One of the major changes introduced by the Act is the provision for trying certain juveniles between the ages of 16 and 18 years as adults if they are accused of committing heinous offenses. This has been a controversial provision, with some arguing that it goes against the principles of the Act and may lead to discrimination against certain juveniles.
The Media Guidelines
Media should bring the issue of child sexual abuse into the realm of public knowledge and public debate. The issue of sexual abuse must be presented as a serious violation of rights, not only as an offense against children.
Media should also take care to ascertain the facts, context, and circumstances. A report on such sensitive issues should not be filed based on superficial interviews with persons supposedly witnesses to the incident.
SENSATIONALIZATION
1. Media should desist from the temptation to sensationalize or exaggerate a particular incident of child abuse.
AUTHORITY
2. When the media reports an incident of sexual abuse, it should also report on actions taken by concerned authorities and continue to report until action is taken to punish the abusers.
WEED OUT UNNECESSAREY RECOGNITION
3. Media should not unwittingly glorify the act of sexual abuse by giving undue prominence to the perpetrator.
TRAUMA TO VICTIMS AND FAMILIES
4. The victim should not be further victimized or made to relive the trauma he/she has been through.
CONCERNS ABOUT PRIVACY AND DIGNITY
5. Under no circumstances should the media disclose or reveal the identity of the victim. Masking techniques should be used wherever the victim is made to give a first-person account of his/her experience. The victim, relatives, and concerned persons must be assured of confidentiality.
MEDIA RESPONSIBILITY
6. Media should not create a prurient interest in the sexuality of the child by image or innuendo.
ADVOCACY
7. Besides drawing attention to the problem of child sexual abuse, the media also needs to enlighten the public as to what can be done to prevent such incidents, and what needs and must be done if such an incident has taken place, including providing information on legal or other remedies.
EDUCATION
8. Media should provide its target audience with full knowledge about the rights of the child and the legal remedies available to a child in the unfortunate event of a case of child sexual abuse occurring.
INSTITUTIONS
9. Media should document and widely disseminate Best Practices on the prevention of child sexual abuse, action taken against abusers, work of selected NGOs, etc.
BEST INTEREST
10. In all reporting, the media must be guided by the principle of "best interest of the child," as required under the Convention on the Rights of the Child.
CONCLUSION
In conclusion, media coverage of child abuse can help with a variety of things, such as encouraging advocacy, enlightening the public, and holding institutions and people responsible. The privacy and dignity of victims and their families, as well as the risk of traumatization, must all be taken into account when deciding how much information should be shared in the media about child abuse. Also, public attention must be given to structural problems with child welfare, such as insufficient financing or laws that fail to safeguard vulnerable children, in addition to specific incidents. In the end, the media must operate responsibly and ethically in order to promote awareness of the issue of child abuse and encourage action.
Compiled By - Ananya Nair, Shreya Kela & Mahi Adhlakha
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