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Decline

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Media

The media indeed holds a very powerful position in a democracy. It has played a pivotal role in nurturing the democratic form of government across the globe. From the Watergate scandal in the United States to the Bofors Expose in India, the media has always compelled governments and corporate entities to answer for their wrongdoings.

It was the media, the print media, in particular, that pressed the nation into coming together behind one common agenda of Indian freedom. It was the media that helped the people of this country look beyond their differences and ignited the idea of our independence in their minds. Hence, it will not be an overstatement to say that the media has helped in giving birth to our country.

Media Has Become Advertorial

The media has taken a wrong turn by involving itself in the corrupt practice of selling the news as advertisements. It is publicizing a false narrative to the masses—a narrative paid for by big conglomerates and political parties to carry out their agenda as news to the common public.

This dissemination of false information has been termed as “Paid News “. The Press Council of India has defined ‘Paid News’ as:

“Any news or analysis appearing in any media (print and electronic) for a price in cash or kind as a consideration.”

It needs to be understood that media is part of society. Since society is plagued by the evils of corruption, it would be impractical to expect anything different from the media. But the menace of paid news is much bigger than some individual corrupt journalists.

It has become a highly systematic process of disseminating propaganda that benefits select stakeholders. This leads to the desecration of the line that divides objective, neutral journalism from paid advertisements.

As the country moves more towards digitization, the spread of paid news is increasing. What’s more frightening is that paid news is being rampantly used during elections in almost every state in India.

Flaws of the Media Companies

The owners of media companies play an important role in this clandestine operation. They are the epicenter of the storm that is blowing away media credibility, not just locally but also internationally.

Media owners enter into financial relationships with advertisers and public relations firms, even accepting shares of companies in exchange for media coverage. These dealings are known as “Private Treaties”.
Private Treaties allow big corporations to manipulate the news, ensuring that only favorable information is published while blocking negative reports that could damage their public image.
The role of editors has been undermined as more journalists are engaged under fixed-term contracts. This removes editorial freedom, preventing journalists from expressing opinions that contradict their employers‘ interests.

Regulatory Challenges

The Narottam Mishra episode highlighted how weak the regulatory framework is when it comes to punishing paid news violations. The Press Council of India, though a quasi-judicial body, lacks the power to take strict action against guilty media houses.

Similarly, the National Broadcasting Authority (NBA) has provided a mechanism for complaints through the National Broadcasting Standards Authority (NBSA). However, since NBSA is not a statutory authority, media channels simply withdraw their membership to escape penalties.

Attempts to Curb Paid News

Many solutions have been proposed to curb paid news:

The Election Commission has recommended amending the Representation of People Act, 1951 to disqualify candidates involved in paid news.
Some politicians have suggested including paid news as an “electoral malpractice” under Section 123 of the Representation of People Act, 1955.
There are also proposals to amend Section 15(4) of the Press Council Act, 1978, giving the Press Council of India the authority to enforce its decisions.
Another suggestion is appointing an ombudsman within media organizations for better self-regulation.

However, none of these proposals provide a strong deterrent. Existing laws such as the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) already exist to curb these practices, but implementation remains weak.

Regulating Media Without Compromising Freedom

The judicial system has historically protected media freedom:

In the case of Channing Arnold vs Emperor, the court ruled that media enjoys the same freedom of expression as individuals.
In Romesh Thappar vs State of Madras, the Supreme Court differentiated between public order and public safety, stating that only seditious publications can be banned.
The Indian Constitution (Article 19(1)(a)) guarantees freedom of the press, which cannot be taken away arbitrarily.

Therefore, any attempts to regulate paid news must be carefully crafted to preserve journalistic independence.

A Step in the Right Direction

The Working Journalist Act, 1955 (or the Working Journalist and Other Newspaper Employees [Conditions of Services] and Miscellaneous Provisions Act, 1955) could be an effective tool in regulating paid news.

Expanding this Act to TV, radio, and digital journalism would be a step in the right direction.

Currently applicable only to print journalists, this Act provides protections to journalists against employer coercion.

Section 16 of the Act prohibits employment contracts that violate its provisions, ensuring that journalists are not forced to comply with unethical demands.

The Supreme Court upheld the Act in Express Newspaper vs UOI, stating that journalists form a distinct professional class and deserve legal protection.

Conclusion

The current state of media is reminiscent of Pushkin’s fairy tale, “The Fisherman and the Golden Fish”. Just like the greedy fisherman’s wife who kept demanding more and lost everything, the media is overreaching in pursuit of profits, compromising its credibility, and disregarding the very laws that protect its freedom.

If this trend continues unchecked, the public’s trust in journalism will be eroded beyond repair. It is time for stronger regulation, ethical journalism, and responsible reporting to ensure that media remains a pillar of democracy rather than a tool for propaganda.

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Media

Media

Media Has Become Advertorial

Flaws of the Media Companies

Regulatory Challenges

Attempts to Curb Paid News

Regulating Media Without Compromising Freedom

A Step in the Right Direction

Expanding this Act to TV, radio, and digital journalism would be a step in the right direction.

Currently applicable only to print journalists, this Act provides protections to journalists against employer coercion.

Section 16 of the Act prohibits employment contracts that violate its provisions, ensuring that journalists are not forced to comply with unethical demands.

The Supreme Court upheld the Act in Express Newspaper vs UOI, stating that journalists form a distinct professional class and deserve legal protection.

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