NORMS OF JOURNALISTIC CONDUCT
Contents
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 RamJanambhoomi-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 & 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 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 & 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 true 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"
31.3.93
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".
DO's and DON'Ts
From sporadic news, AIDS must become a campaign target for our mass media with the following components of
Do's and Don'ts:
*Media must inform and educate the people, not alarm or scare them. The emphasis must be on 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.
* Media must hammer home the point that AIDS through sexual transmission or blood infection can be prevented. Minimum precaution of use of condoms in sex, and sterilisation of skin-piercing instruments and their prompt disposal after use.
*Media must report every case pertaining to AIDS be it positive or negative. There must be constant liaison between the media and the medical profession to report on latest developments and research findings.
*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 treat 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 contacting this infection. Innovative use of media and a positive reporting attitude of media will go a long way in making AIDS awareness campaign a success.
* Media must force the authorities to impose rigorous blood-testing norms on prostitutes and professional women and issue periodical warning to the public about areas where the incidence of AIDS had high probability.
* Media must help the authorities in eliminating commercial blood collection and pre-testing of all blood donors for HIV and other diseases.
*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
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 the 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:
1) The financial journalists should not accept gifts, loans, trips, discounts, preferential shares or other considerations which compromise or are likely to compromise his position.
2) 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.
3)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.
4) 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.
5) A reporter who exposes a scam or brings out a report for promotion of a good project, should be encouraged and awarded.
6) A journalist who has financial interests such as share holdings, stock holdings, etc., in a company, should not report on that company.
7) 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.
8) No newspaper owner, editor or anybody connected with a newspaper should use his relations with the newspaper to promote his other business interests.
9) 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 Election is 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.
2. The Press Council has, therefore, formulated the following guidelines to the media for observance during elections:
1. It will be the duty of the Press to give objective reports about elections and the 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.
2. 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.
3. 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.
4. 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.
5.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.
6. The Press shall not accept/publish any advertisement at the cost of public exchequer regarding achievements of a party/ government in power.
7. The Press shall observe all the directions/orders/instructions of the Election Commission/Returning Officers or Chief Electoral Officer issued from time to time.
F) Guidelines on 'Pre-poll' and 'Exit-polls' 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 the interested parties.
The Press Council, therefore, advises that in view of the crucial position occupied by the electoral process in a representative democracy like ours, the newspapers should be on guard against their precious forum being used for distortions and manipulations of the elections. This has become necessary to emphasize today since the print media is sought to be increasingly exploited by the interested individuals and groups to misguide and mislead the unwary voters by subtle and not so subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged pre-poll surveys. While the communal and seditious propaganda is not difficult to detect in many cases, the interested use of the pre-poll survey, sometimes deliberately planted, is not so easy to uncover. The Press Council, therefore, suggests that whenever the newspapers publish pre-poll surveys, they should take care to preface them conspicuously by indicating the institutions which have carried such surveys, the individuals and organisations which have commissioned the surveys, the size and nature of sample selected, the method of selection of the sample for the findings and the possible margin of error in the findings.
2. Further in the event of staggered poll dates, the media is seen to carry exit-poll surveys of the polls already held. This is likely to influence the voters where the polling is yet to commence. With a view to ensure that the electoral process is kept pure and the voters' minds are not influenced by any external factors, it is necessary that the media does not publish the exit-poll surveys till the last poll is held.
3. The Press Council, therefore, requests the Press to abide by the following guideline in respect of the exit-polls:
Guideline:
No newspaper shall publish exit-poll surveys, however, genuine they may be, till the last of the polls is over.
Relevant Laws Relating to the Press
1. Constitution of India
Art. 19(1)(a) read with Art. 19(2)
2. Press Laws/Acts
i) Indecent Representation of Women (Prohibition) Act, 1986
ii) Punjab Special Powers (Press) Act, 1956.
iii) The Press and Registration of Books Act, 1867
iv) The Dramatic Performances Act, 1876
v) The Indian Telegraph Act, 1898
vi) The Police (Incitement of Disaffection) Act, 1922
vii) Official Secrets Act, 1923 (Act No. 1923)
viii) The Emblems and Names (Prevention of Improper Use)Act, 1950
ix) Representation of the People Act, 1951
x) The Delivery of Books and Newspapers (Public Libraries)Act, 1954
xi) The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (No. 21 of 1954)
xii) The Working Journalists and Other Newspaper Employees(Conditions of Service) and Miscellaneous Provisions Act, 1955
xiii) The Prize Competitions Act, 1955 (Act No. 42 of 1955)
xiv) Hindu Marriage Act, 1955
xv) The Young Persons (Harmful Publications) Act, 1956
xvi) The Copyright Act, 1957.
xvii) Children Act, 1960
xviii) Criminal Law Amendment Act, 1961
xix) Atomic Energy Act, 1962
xx) Customs Act, 1962
xxi) The Unlawful Activities (Prevention) Act, 1967
xxii) The Civil Defence Act, 1968
xxiii) The Contempt of Courts Act,1971
xxiv) The Press Council Act, 1978
xxv) The Prize Chits and Money Circulation Schemes
(Banning) Act, 1978
xxvi) National Security Act, 1980
3. Relevant Provisions of Indian Penal Code, 1860
a) Sec. 124-Assaulting President, Governor etc. with intent to compel or restrain the exercise of any lawful power.
b) Sec. 153A-Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony.
c) Sec. 153B-Imputations, assertions prejudicial to national integration.
d) Sec. 171G-False statement in connection with an election.
e) Sec.228-Intentional insult or interruption to public servant sitting in judicial proceeding.
228(a) Disclosure of identity of the victim of offences, u/s 376, 376-A, 376-B, 376-C or 376-D.
f) Sec. 292 Sale etc. of obscene books etc.
g) Sec 293 Sale etc. of obscene objects to young person.
h) Sec. 294A-Keeping lottery office.
i) Sec. 295A-Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
j) Sec. 299 Culpable homicide.
k) Sec. 499 Defamation.
1) Sec. 500 Punishment for Defamation.
m) Sec. 501 Printing or engraving matter known to be defamatory matter.
n) Sec. 502 Sale of printed or engraved substance containing defamatory substance. |
o) Sec.505
(1) Statements conducing to public mischief.
(2) Statements creating or promoting enmity, hatred or ill-will between classes.
(3) Offence under sub-section (2) committed in place of worship.
4. Relevant Provisions of Cr. P.C., 1973 (Act No. lI of 1974)
Sec. 91 -Power to take bond for appearance.
Sec. 93 -Summons and warrants of arrest.
Sec. 95 -Procedure as to letters and telegraphs.
Sec. 96 -When search warrants may be issued.
e) Sec. 108 Security for good behaviour from persons disseminating seditious matters.
f) Sec. 144 Power to issue orders absolute at once in urgent cases of nuisance or apprehended danger
g) Sec. 177 to 187 Place of inquiry or trial.
h) Section 195 Prosecution for contempt of lawful authority of servants.
i) Sec. 199 prosecution for adultery or enticing a married women.
j) Sec. 327 Power to summon another set of jurors.
k) Sec. 340 Right of person against whom proceedings are instituted to be defended and his competency to be a witness.
1) Sec. 345 Compounding offences.
m) Sec. 349 Procedure when Magistrate cannot pass sentence sufficiently severe.
n) Sec. 350-Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
o) Sec 351-Detention of offenders attending court.