Code of Ethics for Media

 Paper: Media, Ethics and the Law

Semester IV

(Disclaimer: This content has been compiled by the students of the Department of Journalism, LSR. These notes are to be used purely for academic purposes. No copyright infringement intended. The blogger will not be responsible in any manner whatsoever, regarding the authenticity of the information/ opinions of students expressed in this piece.)

Code of Ethics for Media

The importance and inevitability of media is expressed in the following saying, “If journalism at one time seemed to be an appendix to culture, today, by contrast, culture finds itself at the mercy of journalism. It is part of a world dominated by journalism. The mass media decide who will be known and to what degree and according to which interpretation.” - (Milan Kundera 1984).

Media is so influential that it is not an exaggeration to say that journalists make daily decisions for people. There is always a tension between the public’s right to know the truth and an individual’s claim to privacy. Those decisions are grounded in ethical decision-making tools that may include a formal Code of Ethics. Media ethics tries to prevent any monopoly over information diffusion; upholds pluralism instead of the uniform gloss over media content that is typically brought on by authoritarian regimes; maintains objectivity by providing different sides of an issue, which empowers audiences to formulate their own judgments and increases levels of truthfulness in reporting. 

The following codes are formulated to regularize the media in general- 

Responsibility: The right of a newspaper to attract and hold readers is restricted by nothing but considerations of public welfare. A journalist who uses his power for any selfish or otherwise unworthy motive is not trustworthy. 

Freedom of the Press: Freedom of the press is guarded as a vital right of the media. It is the unquestionable right to discuss whatever is not explicitly forbidden by law including the wisdom of any restrictive statute. 

Independence: Freedom from all obligations except that of fidelity to the public interest is vital. 

Sincerity, Truthfulness, Accuracy: These enable the media to have a good rapport with the reader. 

Impartiality: news reports and expression of opinion are expected to be free from bias of any kind. 

Fairplay: question of private rights and public interest distinguished from public curiosity, is discussed in fairplay of the media. Secondly, it is the privilege, as well as the duty, of the media to make prompt and complete correction of its own serious mistakes of fact. 

BEING ETHICAL IN PRINT MEDIA:

Print media is under severe criticism from time to time. Three major criticisms are usually leveled against the newspaper today. They are as follows: It is said that the press, while claiming to be an objective agent for the dissemination of news, is in reality a group of business corporations run in the interest of profits for the owners or the stockholders. Due to this business link with mere profit motive, print media is subject to financial pressure and is controlled by a small group. Eventually it tries to serve their social, political and economic interests. It is claimed that newspapers are subject to additional pressure from major advertisers. In order to please the advertiser owing to huge revenue from them, most of the times, print media may indulge in distortion and improper slanting of the news. Most newspapers are frankly partisan in politics. When economic issues are involved, newspapers with few exceptions serve the interests of the dominant groups. 

In order to regularize the print media towards serving the larger interest of people rather than few influential and powerful groups, certain ethical guidelines are emphasized. Legislative action is suggested to check the monopoly in the handling of the information. As individuals, we should widen our range or variety of reading and check items or articles that arouse our suspicion. Both public and private bureaus of information and investigation should be developed and supported. We might establish a few endowed newspapers on a non-profit basis, with different sections of the paper assigned to different interest groups. 

ETHICAL NORMS FOR AUDIO-VISUAL MEDIA:

The ethical codes on audio-visual media specify things that are forbidden and be avoided such as attacks on religious sentiments, profanity, obscenity and vulgarity; material of an extreme nature which might create undesirable emotional reactions among people. The advertising of hard liquor, fortune telling, and occultism must be avoided. Since much discussion has centered on the subject of crime, violence and sex in broadcasts, it is interesting to note what the codes emphasize in the fields. The radio code says that broadcasters should avoid techniques and methods of crime presented in such a manner as to encourage imitation or to make the commitment of crime attractive. The television code urges respect for the sanctity of marriage and shows concern that illicit sex relations are not treated as commendable.

Efforts to regulate radio broadcasting have been undertaken by the government. Broadcasting stations are licensed to serve the public and not for the purpose of furthering the private or group interest of individuals. Benefits derived by advertisers were to be incidental and entirely secondary. The broadcasting system was to be a kind of community mouthpiece for keeping the people informed, stimulating discussion and presenting music, drama and athletics for the entertainment of the public. The ethical standards of the radio and television industries appear to be the generally accepted standards of society. The industry tries to follow the law of the land. A certain amount of idealism is offset by the drive for profits and the desire to do the things which lead in this direction regardless of public welfare. 

ETHICS IN PRODUCING AND SCREENING OF MOVIES: 

Like the newspaper, the radio and television, the movies also have great power in society, especially in India. It has an impact of good or evil in the individual lives of persons, in social relationships and in the relations between nations. Numerous studies have indicated the great influence of movies, especially upon the thinking and conduct of youth. These pictures serve to set the pattern for mannerisms, styles, fashions, for ways of courtship and lovemaking and for personal adornment. They stimulate emotions and allow them to be in fantasy and in daydreaming as well as to indulge in overt behavior. They help to create ideas of right and wrong and to mould desires and ambitions. During the early development of the movie industry, there were some scandals within the industry and considerable criticism of the type of pictures shown. This led to the emergence of censorship. The censorship legislation has a set of codes for movies with production code for distributors and producers. While a producer cannot be compelled to produce pictures in accordance with the code regulations, the code has had a beneficial effect. 

Censorship as imposing certain legislative codes of conduct and screening has a clear foundation on ethical principles. It ultimately brings in improvements and high-quality films. Even though it may be argued that censorship curtails the freedom of speech, the effective use of it has shown desired results in the film industry. Prohibition of obscene, lewd, and filthy scenes and forbidding the importation of any film that is immoral or obscene have done good to the society. Motion pictures are included in the list of articles that may be prohibited on the grounds of immorality or indecency from the channels of interstate commerce or circulation through the mails. The fairly widespread criticism naturally has been a matter of concern to the motion-picture industry. Besides making some amendments in its code and adopting “an advertising code,” the industry has taken steps to clean house from within and to enforce the provisions of the code. Now many theatres will not show a film unless it has been given the seal of approval of the censor board. The code of the industry states, No picture shall be produced which will lower the moral standards of those who see it. Hence the sympathy of the audience shall never be thrown to the side of crime, wrongdoing, evil, or sin. Correct standards of life, subject only to the requirements of drama and entertainment, shall be presented. Law, natural or human shall not be ridiculed, nor shall sympathy be created for its violation.

DIGITAL MEDIA ETHICS: 

Social media platforms are being extensively used for sharing of views and also as news sources. The authenticity of these sources may be difficult to verify, as at times, people use pseudonyms, or write anonymously. Often when a comment is made on Twitter, Facebook it is countered aggressively or ‘trolled’ in a systematic manner by the opposing group or party. The trend is especially pronounced in comments which are political in nature or in which celebrities are involved leading to sensationalism and vilification of those involved. 

Attribution of source is yet another area of ethical concern. Publishing news not attributable to any source or under the guise of unnamed or unidentified sources is indicative of poor journalism. Some websites clearly state that the content in the site can be used freely while in certain cases there are conditions to use. For educational purpose, research etc. the material is used with appropriate citations. However, for commercial purposes, permission needs to be taken from the individual or organisation concerned. 41 Variety of cyber crimes such as morphing, phishing data theft, hacking, cheating, pornography, have further compounded the digital sphere. Digital manipulation of images and pictures and selective editing can lead to misrepresentation and misinformation. It is extremely difficult to get evidence and many a time the real culprits may be operating from other countries and beyond the purview of the Indian legal system. The conviction rate in cyber crimes is abysmally low and lengthy judicial procedures further compound the process. New crimes emerge every day calling for preventive measures such as training on new software and constant update of knowledge to address some of these concerns.

ETHICS RELATED TO CITIZEN JOURNALISTS: 

The access and availability of technology has led to the growth of the concept of ‘citizen journalism’ wherein the common person decides and presents the issues of importance and concerns. The processes related to gate-keeping, filtering, agenda-setting and ensuring the veracity of information are some issues involved in citizen journalism.

Use of hidden cameras: 

Investigative journalism involves a detailed enquiry of reports, documents and developments. Sting journalism is an offshoot of investigative journalism. Operation West End, Operation Duryodhan, Operation Chakravyuh , BMW Expose Case, Cash-for-Vote Scam were some cases in which sting operations using hidden cameras were conducted. However, the use of hidden cameras raises thorny issues of privacy, entrapment, and accountability. Since the filming of a person is done covertly it leads to erosion of privacy and at times even obscenity. In some sting operations, the use of illegal methods such as bribery, trespass, etc. have also been reported. Sting operations should not be used as a shield of public purpose in the garb of settling one’s own scores and can land the reporter in trouble in terms of defamation, libel etc. The journalist needs to ensure accuracy and observe general standards of decency. Care should be taken that there is no selective editing and the context of footage used is demonstrated. The identity of those not related with the event directly but caught on the footage needs to be masked. It is imperative that the content is conclusive without loose ends so that it does not leave scope for confusion and different interpretations.

In addition to the areas discussed above, ethics are linked with other aspects such as war and conflict reporting, reporting sub-judice matters and so on.

REGULATORY BODIES

Press Council of India: 

The PCI was established under the PCI Act of 1978 for the purpose of preserving the freedom of the press and of maintaining and improving the standards of newspapers and news agencies in India.

The PCI consists of a chairman and 28 other members. The Chairman is selected by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha and a member elected by the PCI. The members consist of members of the three Lok Sabha members, two members of the Rajya Sabha , six editors of newspapers, seven working journalists other than editors of newspapers, six persons in the business of managing newspapers, one person who is engaged in the business of managing news agencies, and three persons with special knowledge of public life. 

The functions of the PCI include among others (i) helping newspapers maintain their independence; (ii) build a code of conduct for journalists and news agencies; (iii) help maintain “high standards of public taste” and foster responsibility among citizens; and (iv) review developments likely to restrict flow of news.

The PCI has the power to receive complaints of violation of the journalistic ethics, or professional misconduct by an editor or journalist. The PCI is responsible for enquiring into complaints received. It may summon witnesses and take evidence under oath, demand copies of public records to be submitted, even issue warnings and admonish the newspaper, news agency, editor or journalist. It can even require any newspaper to publish details of the inquiry. Decisions of the PCI are final and cannot be appealed before a court of law.

News Broadcasting Standards Authority:

The News Broadcasters & Digital Association (NBDA) [Formerly known as News Broadcasters Association (NBA)] represents the private television news, current affairs and digital broadcasters. It is the collective voice of the news, current affairs and digital broadcasters in India. It is an organization funded entirely by its members. It was established in 2007.

The NBDA has presently 26 leading news and current affairs broadcasters (comprising 121 news and current affairs channels) as its members. The NBDA presents a unified and credible voice before the Government, on matters that affect the growing industry. NBDSA administers the Codes of Ethics & Broadcasting Standards, which has been voluntarily drawn by the News Broadcasters & Digital Association (NBDA) for its member broadcasters to demonstrate their commitment to responsible broadcasting and to self regulate themselves. 

The NBSA is an independent body set up by the News Broadcasters Association. Its task is to consider and adjudicate upon complaints about broadcasts. The nine-member Authority comprises:

• A Chairperson, being an eminent jurist;

• Four eminent persons having special knowledge and/or practical experience in the field of law, education, medicine, science, literature, public administration, consumer affairs, environment, human psychology and/or culture; and

• Four eminent editors employed with a broadcaster.

The Code of Ethics and Broadcasting Standards laid down by NBA for violation of which a complaint may be made include editorial principles that state as follows:

• Ensure impartiality and objectivity in reporting.

• Ensure neutrality.

• Ensure that when reporting on crime, that crime and violence are not glorified.

• Ensure utmost discretion while reporting on violence and crime against women and children.

• Abhor sex and nudity.

• Ensure privacy.

• Ensure that national security is not endangered.

• Refraining from advocating or encouraging superstition and occultism.

• Ensure responsible sting operations.

Compiled and Edited by:

Hema Bhopathi and Stuti Garg

Batch of 2024

Department of Journalism

Lady Shri Ram College for Women