Media Coverage On Sensitive Issues- An Analysis On Law And Ethics Of Media Reporting

INTRODUCTION:

The time has come when some introspection in Indian media is required. Many people, not only those in authority but also ordinary people, say that and a change is required in that news which is being reported. Before a couple of years back there was news that the government is going to issue licences for news channels. Article 19 (1) (a) of the Constitution enshrines freedom of the media but no freedom is absolute. One of the basic tasks of the media is to provide truthful and objective information to the people that will enable them to form rational opinions, which is a sine qua non in a democracy. Unfortunately, Indian media cannot be seen to not follow it at times. There are lots of cases in which facts are twisted. For instance-there was news on the front page of English Daily, “Supreme Court Judge says that daughters are liabilities”. Supreme Court Judges have to disclose their assets and liabilities. In the liabilities column, Justice Misra wrote: “two daughters getting married.” It might not have been necessary to mention this because liabilities mean legal liabilities, for example, housing loans, car loans, and so on. Justice Misra’s intention was obviously to say that she would have to spend on her daughters’ future marriage. She has three daughters (no son), only one of whom has been married. Justice Misra never said, nor intended to say, that her daughters were liabilities. The news was false and defamatory, with the obvious intention of creating a sensation[1]. This article is thus, going to discuss laws and ethics of media reporting concerning Indian media.

REPORTING ON SENSITIVE ISSUES:

A gruesome headline “Depressed teen from Bokaro hangs self” coupled with an explicit image of rape knot, reflected the bizarre idea that concepts such as suicide and depression happen to abnormal people[1]. Sensationalizing news like these will instead dehumanize people with similar struggles. Similarly, the use of diagnostic labels sparks the same problem. Citing the example of a feature story on schizophrenia, where they introduce the person as a ‘schizophrenic’ along with their work designation. The constant use of words like ‘madness’ and ‘crazy’ throughout the clip, even if it was meant to be sarcastic[2], cannot possibly be justified. Perhaps more than anyone, media professionals recognize the importance of language in conveying nuanced meanings. The language which conveys that suicide as a significant public health problem will serve to educate the community. Such a language should not sensationalize suicide. Terms like ‘increasing rates’ should be used in preference to hyperbolic phrases like ‘suicide epidemic’, and caution should be exercised in using the word ‘suicide’ in headlines[3]. Prominent placement and undue repetition of stories will lead to more immoral behavior. Photographs or video footage of the scene of a given suicide should not be used, particularly if doing so makes the location or method clear to the reader or viewer. Celebrity suicides are newsworthy, and reporting them is often regarded as being in the public interest. However, reports of suicides by famous entertainers and political figures are particularly likely to influence the behavior of vulnerable individuals, because they are revered by the community. The Hindu has been ahead of Indian media houses in terms of sensitive reporting of suicides. For example, their news articles have consistently published helpline numbers at the end of their pieces.

When journalism is taught to students, it is made crystal clear that the identity of a particular victim should not be revealed. Women must be the priority while readers and numbers come second. An incident of rape caste of the girl was revealed by the media. It was an assumption that all have agreed to the constitution a long time ago that men and women are equal. It is for the simple reason that news which shows these kinds of stuff will get more viewers. Sensationalism and titillation are good for business. The exact words in a report were- “Muffle your face with a handkerchief and say who had raped your daughter. We don’t have time to blur your daughter’s face”. The time of the night; the place of assault; the clothes on her; the company she did or did not have. It is all immaterial! Asking such questions, divulging details could start a separate blame game altogether. The victim MUST have done something to bring it on, that’s is the direct conclusion readers reach and media kindles these thoughts. Don’t pin it on her. You are feeding the patriarchal mindset when you talk of such things and that’s helping no one. Focus on the perpetrator instead. What was he wearing? Where was he going? Who was he with? Why did he do it?

Next, talk about her recovery. Be discreet and help normalize things for her. She doesn’t want to be the front-page news with such crude headlines. And in the graphics that you use in your stories, make her stronger. Her life is not over. Stand with her, fight with her. And for God’s sake, stop using that image of a defenseless woman fighting off hands. Your narrative needs to change with this photograph. The 2015 figures on crimes against women released by the National Crime Records Bureau last year stated that nearly 35,000 incidents of rape had occurred in the last three years. The NCRB’s 2014 report said 93 rapes were committed in the country each day. While most of these cases don’t find a place in the pages or websites of media organizations, the ones that do get reported sometimes do not get covered properly. It is not uncommon for an implicit narrative of victim-blaming to make its way into news reports[4].

LAWS RELATING TO MEDIA REPORTING ON RAPE AND SUICIDES:

Section 228-A of the Indian Penal Code essentially prohibits anyone from publishing the name of a sexual assault victim—unless it is done as part of the criminal investigation, or is authorized in writing by the victim or by their family should the victim be deceased, a minor, or of “unsound mind”—under penalty of up to two years in prison. The same penal code section also prohibits journalists from revealing any other potentially identifying information about victims of sexual assault. For example, the Times of India reported on an alleged assault of a young woman near Hauz Khas Village and revealed “the name of the neighborhood where the victim lives as well as what she does for a living and the area in which she works”. Section 327 (3) of the Criminal Procedure Code prohibits any reporting of a court case that deals with the sexual exploitation of a child, without the specific permission of the court.” The point to be addressed was that of the victim’s name being mentioned in the judgments of the Trial Court and High Court, which was inconsistent with Section 228-A of IPC. The Supreme Court while stating that the courts should make every attempt in not disclosing the identity of the victim, relied on the case State of Punjab v. Ramdev Singh[5]. As a Supreme Court ruling (in the case of Satya Pal Anand v. State of M.P[6] highlighted: “Section 228A of the Indian Penal Code discloses identity of the victim against whom offences under Section 376, Section 376A, Section 376B,Section 376C or Section 376D is alleged or found to have been committed an offence. Sub-section (2) of Section 228A Indian Penal Code exempts two categories of police officers, namely, (i) officer-in-charge of the police station and (ii) police officer making the investigation into such offence.” India’s Mental Health Care Act, 2017 says that the media should not publish photographs or any other information about a person undergoing mental health treatment without their consent. The World Health Organization has also issued guidelines on reporting about suicide. Press Council of India has referred to these two texts to formulate their brief guidelines that Indian media can also start using[2]. To help protect vulnerable people there are some restrictions in New Zealand on what can be made public about suicide or suspected suicide. These are set out in Section 71 of the Coroners Act 2006. The Act was amended in 2016 to clarify the restrictions[3].

Unless you have an exemption from the chief coroner, you cannot publicize:

the method or suspected method of the death
any detail (like the place of death) that might suggest the method or suspected method of the death
a description of death as a suicide before the coroner has released their findings and stated that death was a suicide (although death can be described as a suspected suicide before then).

‘Making public’ doesn’t just mean news reports and other media – it includes things like public posts on Facebook too. Individuals and media may apply to the chief coroner for an exemption to these restrictions[7]. “In pursuance of section 24(1) of Mental Healthcare Act, 2017 relating to publication/reporting of the news related to mental illnesses, the council has adopted norm… the media shall not publish photograph or any other information in respect of person undergoing treatment at mental health establishment without the consent of the person with mental illness,” the release from the Press Council of India read. MHCA 2017 also prohibits procedures such as sterilization of men or women when intended as a treatment for mental illness, unmodified ECT, seclusion, and chaining.

MEDIA REPORTING ON CHILD RAPE:

The Protection of Children from Sexual Offences Act, 2012 also includes provisions prohibiting the media from revealing the identity of child victims/survivors of sexual abuse. These provisions are not merely restricted to the name of the victim, but also extend to any other details which can end up revealing her identity. Section 23(2) of the POCSO Act states:

“No reports in any media shall disclose, the identity of a child including his name, address, family details, school neighborhood or any other particulars which may lead to the disclosure of the identity of the child.”[4]

Section 6 (ii) of the Press Council of India’s “Norms of Journalistic Conduct” deals with the requirement to withhold the name of rape survivors from media reports. The guideline says that in such cases, the names, photographs of the victims or other particulars leading to their identity shall not be published[8]. There cannot be a “blanket ban” on media reporting on cases of rape and sexual abuse but such incidents should not be sensationalised, the Supreme Court said[9]. Meanwhile, the blanket order passed by the Patna High Court on August 23 about media reporting (in Muzaffarpur shelter home case) is vacated,” it said.

The bench also restrained the electronic media from telecasting or showing the victims of sexual abuse and violence, even in a morphed or blurred form, saying this would be in the interest of such victims[5].

Conclusion:

In recent times, the main focus of mainstream Indian media has been to get a good TRP rating, no matter the coverage harms thousands of people who are struggling with the same disease. The media should not use words to sensationalize but to motivate people. It should place people’s security over TRP ratings.

[1] Reporting on Mental Health: Ensuring sensationalism in favour of sensitive, critical method is vital- FP Staff March 26 2019 https://www.firstpost.com/living/reporting-on-mental-health-why-journalists-must-shun-sensationalism-adopt-more-sensitive-critical-method-6318471.html

[2] Preventing suicide A resource for media professionals https://www.who.int/mental_health/prevention/suicide/resource_media.pdf

[3] Reporting and portrayal of suicide https://www.mentalhealth.org.nz/get-help/media/reporting-and-portrayal-of-suicide/

[4] Media reporting on rape cases: Here are the laws to comply with https://www.firstpost.com/india/media-coverage-of-rape-cases-here-are-the-laws-that-news-outlets-are-expected-to-comply-with-4439923.html

[5] SC issues directions to protect the identity of victims of rapehttps://www.scconline.com/blog/post/2018/12/12/sc-issues-directions-for-protection-of-identity-of-victims-of-rape-and-sexual-offences-need-for-victim-friendly-trial-stressed-upon/

REFERENCES

[1] Media issues and Responsibilities- Markhande Katju on October 21, 2011, 23:21 IST https://www.thehindu.com/opinion/lead/Media-and-issues-of-responsibility/article13059658.ece

[2] Reporting on mental health: Eschewing sensationalism in favor of sensitive critical method is vital- Prateek Sharma March 26, 2019, https://www.firstpost.com/living/reporting-on-mental-health-why-journalists-must-shun-sensationalism-adopt-more-sensitive-critical-method-6318471.html

[3] Preventing suicide A Resource for Media Professionals- World Health Organization https://www.who.int/mental_health/prevention/suicide/resource_media.pdf

[4] Indian Media needs to rethink how it reports rape – Amarnath Khullhar Feb 23, 2017, https://herald.dawn.com/news/1153682

[5] (2004) 1 SCC 421

[6]CIVIL APPEAL NO. 6673 OF 2014