Class 1.0 Media

(Paper 3 Syllabus - Role of Media) - Mainstream Media

1. Introduction

Mainstream vs. Alternate Media

Mainstream Media: Traditional platforms like Newspapers (NP), TV, and Broadcasting which have been the primary sources of news for a long time.

Alternate Media: Platforms like Social Media which have recently become significant sources of news and information.

Role of Social Media

Definition: Social Media serves as a crucial platform for both spreading information (dissemination) and spreading false information (misinformation).

Impact on Democracy:

Social Media can either strengthen or weaken democracy, depending on how it's used.
Quote: "Social Media is a Double-Edged Sword" - Nom Chomsky. This means it has both positive and negative impacts.

Freedom of Press (As defined by RWB/RSF)

Definition: The freedom of journalists to:

Engage with individuals or groups
Choose, create, or share news
Work in the public's interest without external pressures

Independence: Journalists should be free from political, social, and economic interference.

Safety: Journalists should be able to work without facing threats or dangers.

Indian Society

Description: Indian society has various social cleavages or divides, such as those based on religion, caste, language, etc.

Pluralistic Society: India, with its diverse cultures, religions, and languages, is a pluralistic society, meaning it's characterized by multiple groups coexisting.

Media Pluralism

Definition: Media pluralism ensures diverse voices and perspectives in the media.

Types of Pluralism:

Internal Pluralism: Refers to the diversity of views presented within a single media outlet.

External Pluralism: Refers to the diversity of media outlets or suppliers available.

Importance:

When both types of pluralism are present, it results in:

Accurate and unbiased information
Informed public opinion
A strengthened democratic process.

2. News (Context can be used as an introduction)

SC Media One Judgement

Overview: This section discusses the judgment related to SC Media One.

Key Principles: 1.1. Principals of Natural Justice: This principle emphasizes fairness, reasonableness, and equality in the administration of justice. 1.2. Open Justice: This principle promotes transparency and accountability in the judicial process, ensuring that court proceedings are open to the public.

India's Position in the World Press Freedom Index

Overview: This section provides information about India's ranking in the World Press Freedom Index.

Key Data: 2.1. Ranking: India is ranked 161 out of 180. This indicates India's position in terms of press freedom compared to other countries. The lower the rank, the more challenges and restrictions journalists and media houses might face in that country

3. Quote

On Free Press

Quote: "Free Press should neither be an ally nor an adversary but a constructive critic."

Author: Gandhi

Interpretation: This quote emphasizes the importance of the press maintaining its independence. It should not blindly support or oppose any entity but should provide constructive criticism to ensure transparency and accountability.

On Media's Role

Quote: "Media's Role is to Ensure Divergence of Opinion."

Interpretation: The media plays a crucial role in ensuring that multiple perspectives and opinions are presented to the public. This diversity of views fosters informed decision-making and prevents the dominance of a single narrative.

On Dissent

Quote: "Dissent is the Safety Valve of Democracy."

Author: Justice Chandrachud

Interpretation: Dissent, or the expression of disagreement or opposing views, is essential for a healthy democracy. It ensures that all voices are heard and prevents the suppression of minority opinions, thereby acting as a safety mechanism for democratic institutions

4. Principles of Media

Principle of Golden Mean

Definition: This principle emphasizes following the middle path in media reporting.

Key Points: 1.1. Avoid extremes in reporting. This means not being overly sensationalist, but also not ignoring important issues. 1.2. Example: During a communal clash, the media should refrain from naming specific communities to prevent further escalation and bias.

Principle of Utility (Utilitarianism)

Definition: Media should aim to provide the greatest good for the greatest number of people.

Key Points: 2.1. The focus is on maximizing benefits for the majority through responsible reporting. 2.2. Example: When reporting on COVID-19, the media should present information in a way that benefits the majority, such as promoting safety measures and providing accurate data.

Principle of Harm Minimisation

Definition: Media should ensure that their reporting leads to minimum to no harm to individuals, communities, or society at large.

Key Points: 3.1. This principle underscores the ethical responsibility of the media to avoid causing harm or exacerbating existing tensions.

Principle of Credibility

Definition: Maintaining credibility is crucial for the media as a credibility crisis can have significant repercussions on democracy.

Key Points: 4.1. Trust in the media is essential for a functioning democracy. If the media loses its credibility, it can undermine the public's trust in democratic institutions and processes

5. Debate on Media Regulation

Manufacturing Consent

Origin: This concept is rooted in the Political Economy theory and was popularized by Noam Chomsky.

Key Points: 1.1. The media is controlled by a few powerful entities. 1.2. This limited control means the media is not entirely free. 1.3. These controlling entities shape public opinion to favor their interests. 1.4. The media plays a role in "manufacturing" the consent of the public, making them more accepting of the views and interests of these few entities.

Types of Media Regulations

Overview: Different models of media regulation exist based on who has control and oversight.

2.1. Government Regulations - Model: Authoritarian or Totalitarian Model - Description: In this model, the government has direct control and oversight over media content and operations.

2.2. Independent Regulation of Media - Examples: Regulatory bodies like SEBI (Securities and Exchange Board of India) for financial markets and TRAI (Telecom Regulatory Authority of India) for telecom and broadcasting. - Description: These are independent bodies that regulate specific sectors of the media without direct government intervention.

2.3. Self Regulation - Model: Current Model of India - Description: In this model, the media regulates itself without external influence. It relies on internal codes of conduct and ethics to ensure responsible reporting.

Clarifications:

The content provided gives a brief overview of the debate on media regulation. The concept of "Manufacturing Consent" suggests that the media, being controlled by a few, can shape public opinion in ways that benefit these few entities. The different types of media regulations highlight the various ways media can be overseen, ranging from direct government control to self-regulation.

6. Committee Recommendations

Indian Recommendations

BG Varghese Committee:

Background: Formed post-emergency period.

Main Recommendation: Advocated for a National Broadcasting Corporation.

Goal: To act as an independent entity and prevent potential media misuse.

Global Recommendations

Leveson Enquiry Committee (2012, UK):

Purpose: Played a pivotal role in the discussion contrasting Statutory Regulation vs. Self-regulation.

Article 19 - UDHR:

Provision: Upholds the freedom of opinion and expression via any form of media.

Windhoek Declaration (UNESCO, 1991):

Date of Adoption: May 3, which was later designated as Press Day by the UN.

Main Objectives:

Encourage the growth of independent and pluralistic media.

Promote democracy and economic progression.

Dismantle barriers: Any that might hinder a free press or foster media monopolies.

Protect media personnel from potential harm or infringements.

Foster international cooperation to support media autonomy.

Sample Question

MacBred Commission of UNESCO

7. Constitutional Dimension - FoSE Theorem

Golden Triangle: Articles 14, 19, & 21

This trio is famously termed the "Golden Triangle" due to their interrelation and significance in safeguarding fundamental rights in the Indian Constitution.

Article 14: Equality

Principle: All individuals are equal before the law, and everyone should be provided with equal protection under the law. This safeguards against any form of discrimination.

Article 19: Freedom

Principle: Protects a variety of individual freedoms.

Article 19(1)(a): Freedom of Speech and Expression (FoSE)

Comes with 8 Categories of Restriction to ensure that this freedom doesn't jeopardize the state's integrity, sovereignty, security, and public order, among other concerns.

Article 19(1)(g): Right to Profession

Ensures citizens have the right to practice any profession, trade, or business.

Protection to Media: Media, as a profession, gets protection and is essential for democracy, ensuring the free flow of information and upholding FoSE.

Article 21: Life

Principle: Guarantees the protection of life and personal liberty. No one can be deprived of their life or personal liberty except according to a procedure established by law

8. Theories for Justifying FoSE

1. Instrumental Value Theory

Premise: FoSE is valued not for its own sake, but because of the beneficial outcomes it can generate.

Means to Achieve an End: FoSE serves as a tool to reach desired outcomes.

Foundation of Democracy: FoSE acts as an integral instrument to ensure and foster a functioning democracy. By granting citizens the right to express their views, it ensures active participation and the flow of diverse ideas in the democratic process.

Watchdog Role: One of the key outcomes of FoSE is that it allows the media and citizens to act as watchdogs—monitoring and critiquing government actions, thereby ensuring accountability and transparency.

2. Intrinsic Value Theory

Premise: FoSE is valued for its own inherent worth, regardless of the outcomes it may or may not lead to.

End in Itself: FoSE is not merely a tool but is an ultimate value or goal to be cherished and upheld in its own right.

Self-Development: Beyond societal benefits, FoSE is crucial at the individual level. It aids personal growth and self-development by allowing individuals to articulate, share, and refine their thoughts and beliefs.

9. Significance / Function of the Media

1. Dissemination of Truthful Information

Objective: Offer accurate and unbiased data.

Enables people to form rational opinions based on factual content.

2. The Fourth Estate

The media is often termed as the "4th Pillar of Democracy" or "Fourth Estate".

Joins the legislature, executive, and judiciary in upholding the democratic framework.

3. Watchdog Function

Role: Monitor, expose, and critique public issues and authorities.

Examples of media's watchdog role include exposing scams like 2G and Commonwealth.

4. Information, Communication, & Awareness Building

Key Role during crises, such as the Covid-19 pandemic.

The world faced an Infodemic alongside the pandemic.

Infodemic: An excessive amount of information, which includes:

Misinformation: Incorrect data shared without ill intent.

Disinformation: False information disseminated deliberately.

5. Platform for Marginalized Voices

Media gives voice to vulnerable groups and societal minorities, ensuring their concerns are heard.

6. Promoting Democratic Participation

By disseminating information, the media fosters informed decision-making.

This ensures democratic participation and supports good governance.

7. Media's Role in the Indian National Movement

Historical examples of media's influence:

Kesari by Tilak and Young India by Gandhi Ji galvanized nationalistic sentiments.

Post-independence, the Indian Express, under Ramnath Goenka, published blank pages as a silent protest against the emergency.

8. Accountability of Media: PCI

Press Council of India (PCI):

A statutory quasi-judicial body.

Ensures ethical journalism and maintains the media's integrity.

10. Concerns on Media (Stand Alone Relevance)

1. Media Leadership Concerns

Corporatization:

A shift towards prioritizing TRP (Television Rating Points) over actual content.

Commercialization:

Leads to biased media due to financial interests.
Affects editorial independence, leading to a decline in journalistic standards.

Breaking News Syndrome:

Prioritizing speed over accuracy without proper fact-checking.
Films in India undergo pre-censorship, while media does not, potentially leading to misinformation.

2. Ethical Concerns

Paid News:

Compromised journalistic standards for monetary benefits.
Results in a lack of truth and accuracy.

Yellow Journalism:

Prioritizing sensationalism over facts.
Clickbait and tabloidization (celebrity news focus).

Propaganda:

Biased or misleading information to promote a particular agenda.

Decline in Media Ethics:

All the above concerns contribute to the deterioration of media ethics.

3. Legal Concerns

Doctrine of Chilling Effect:

Fear of legal repercussions that discourage Freedom of Speech and Expression, leading to self-censorship.

Examples: Practices in countries like Russia & China.

Defamation:

Issues arising from false accusations or statements.

Invasion of Privacy:

Disregard for individuals' private lives.

Media Trials:

Media influences public perception and can indirectly affect court trials.

Example: Cases like Aarushi Talwar or Sushant Singh.
Such practices indicate the poor standard of investigative journalism.

4. Modern Media Concerns

Spread of Fake News:

News without a factual basis but presented as truth
Exponentially spreads misinformation and disinformation

Provocative Headings & Clickbait:

Misleading titles to attract views or readership

Citizen Journalism:

Reporting by individuals, not professionals, leading to potential factual inaccuracies

Political Bias & Economic Repercussions:

Media catering to specific political ideologies or presenting misleading economic data

Consequences of Poor Reporting:

International Relations:

Example: China's Three Warfare Strategies - Psychological, Legal, and Armed

Rise of organized mob crime due to misinformation.

Western narratives:

Potentially misleading information affecting foreign relations

National Security Concerns:

Example: Live media coverage of events like 26/11

Lack of Government Accountability:

Not holding the government responsible for its actions

11. Important SC Cases

1. Romesh Thapar Case

Key Holding:

Supreme Court (SC) emphasized that Press Freedom is crucial and is part of Article 19(1)(a).

Interpretation:

Freedom of Press (FoP) is intertwined with Freedom of Speech and Expression (FoSE).

2. Brij Bhushan Case

Key Holding:

SC recognized that imposing pre-censorship on the media or press is a restriction on press freedom.

Definition:

Pre-censorship: This refers to censoring content before it's released into the "Marketplace of Ideas."

Additional Insights:

Emphasis on the need for the media to follow the Social Responsibility Theory and maintain ethical journalism.

3. Media One Case (Madhyamam Broadcasting Limited v/s UoI & Ors, 2023)

Note:

"Ors" is short for "Others."

Key Holdings:

SC stressed that an independent press is essential for a democratic republic.

A homogenous view on issues poses significant threats to democracy.

Usage: This insight can be applied to discussions about society in GS Paper 1.

The state using the term "National Security" without substantial evidence is inconsistent with the rule of law.

The “Sealed Cover Procedure” infringes upon principles of both Natural Justice & Open Justice.

Sealed Cover Jurisprudence: A method of confidential communication between the State and Central Government.

Natural Justice: Emphasizes the need to hear both sides for a fair trial.

Open Justice: Justice should not just be served, but also be clearly evident.

The Sealed Cover is often justified using the Doctrine of Public Interest Immunity, but it's essential to balance non-disclosure with the service of justice (Doctrine of Proportionality).

Outcome:

SC revoked the ban on the media or the particular channel involved in the case.

12. Concerns on Media (Stand Alone Relevance)

Media Leadership

Corporatization → Focus more on TRP (Teli vision Rating Points)
Commercialization → Biased Media → Editorial Independence → Fall in Journalistic Standards
Breaking News Syndrome - w/o Fact Checking

While Films in India have Pre Censorship Media is not

Ethical

Paid News → Falling Journalistic Standards - Lack of Truth & Accuracy

this leads to Paid News or News for Monetary Aid

Yellow Journalism - Sensationalisation over Facts by Clickbait, Tableauidisation (Celebrity News)
Propaganda -
All this will lead to a fall in media ethics

Legal

The doctrine of Chilling Effect

Fear of Legal or other Repercussions discouraging FoSE leading to self-censorship

Example: Russia & China

Issues like Defamation
No Respect for Privacy
Media Trial Having Influence on Trial

Example: Ayushi Talvar Case or Sushant Singh Case

Result of Low Standard of Investigative Journalism

Modern Media Issues

Modern Media is Social Media and OTT

Spread of Fake News - Misinformation & Disinformation

Fake News is a Type of News that has no basis in facts but is presented as factually accurate

It Spreads in a Geometrical Progression

Provocative Headings and Clickbait Issues
Fact Lacking Citizen Journalism with low to no accuracy
Political Fallout
Biased Media
Economic Issues due to wrong facts
Citizen Journalism

Individuals are involved and not professionals. Hence fact integrity may be compromised

Citizen Journalism and fake News can give rise to

Affect on International Relations

Example; China's Three Warfare Strategies (Psychological, Legal,

organized mob crime can emerge out of the wrong fact-reporting
Western Narratives are a Problem - Can be Misleading information - and can create economic issues and foreign relations

Example: Three Warfare Strategy of China - Psychological, Legal & Arm

security issues - national security - media live coverage of 26/11
Not Holding Government Accountable

13. Imp SC Cases

Romesh Thapar Case

SC Held that Press Freedom is an important part of Art 19(1)(a)

FoP → FoSE

Brij Bhushan Case

Imposing Pre Censorship on Media or Press constituted a restriction on press freedom

Pre censorship is → Before it comes into the “Marketplace of Ideas”

Social Responsibility Theory & Ethical Journalism Needed by Media

Media One Case → Madhyamam Broadcasting Limited v/s UoI & Ors, 2023

Note: Ors is Others

SC held that

Independent Press is Vital for the Democratic Republic
“Homogenous View of issues would pose grave dangers to democracy”

Can be used in Society in GS Paper 1

State using “National Security” w/o substantial evidence as a tool is incompatible with the rule of law
“Sealed Cover Procedure” violated the principle of both Natural Justice & Open Justice

Sealed Cover Jurisprudence - Communication of confidential information between State and Central Govt

Natural Justice : Hear the Other Side for a Fair Trial

Open Justice : Justice should not only be done but it should be manifestly seen to be done

It is said that Sealed Cover is used for Doctrine of Public Interest Immunity but under Doctrine of Proportionality (To Balance Non Disclosure and Serving of Justice)

There should be a Balance between Public Interest and Serving of Justice

SC Quashed the Ban on Media or the channel involved

14. "Why Nations Fail" by Acemoglu & Robinson

Book Title: Why Nations Fail

Authors: Daron Acemoglu and James A. Robinson

Central Thesis:

The prosperity or poverty of nations primarily depends on the nature of their institutions.

Key Concepts:

Inclusive Institutions:

Institutions that empower and include the majority of the people in decision-making processes.

Such institutions promote economic prosperity.

Extractive Institutions:

Institutions are designed to extract resources from the many by the few.

They lead to economic stagnation and poverty.

Role of Institutions in Democracy:

Strong Institutions:

Essential for the success of a democracy.

They help in maintaining checks and balances, ensuring accountability, and upholding the rule of law.

Weak Institutions:

This can lead to corruption, inefficiencies, and poor governance.

The absence of accountability often leads to a decline in the overall well-being of the citizens.

Significance:

Economic Growth:

Inclusive institutions pave the way for innovation, trust, and investments, which drive economic growth.

Stability:

Countries with strong, inclusive institutions tend to be more stable and less prone to civil unrest or conflict

15. Operation Hope

Title: Operation Hope - Extra Motivation

Summary:

A challenging survival story in the deep Amazon forest where the eldest, aged 14, guides and motivates the group to endure for 40 days.

Key Details:

Setting:

Location: Deep Amazon Forest

Duration: 40 days

Challenges:

Harsh forest conditions, limited resources, potential threats from wildlife, and the psychological challenge of being lost.

Eldest's Role:

Age: 14 years

Showed leadership and took responsibility to lead the group.

Served as a beacon of hope, motivating and ensuring the group's safety and well-being.

His maturity, despite his age, was a key factor in the group's survival.

Significance:

Survival Instinct:

The story underscores the human spirit's resilience and the will to survive against all odds.

Leadership:

Demonstrates that age is not a determinant of leadership. The eldest, even at 14, showcased qualities of determination, motivation, and leadership.

Teamwork:

Emphasizes the importance of unity, trust, and cooperation, especially in challenging situations.

Conclusion:

"Operation Hope" serves as an inspiration, emphasizing that with determination, leadership, and cooperation, one can overcome even the most challenging situations. The 14-year-old's role exemplifies that age is just a number when it comes to resilience and the ability to inspire.

16. Questions from the Topic

Ques 1: What do you understand by the concept of Freedom of Speech and Expression? What is the Freedoms of the Press in a Constitutional Context? Issues of Media in General

Ques 2: What are the aims and objectives of the Windhoek Declaration of UNESCO? What is the Indian Position on this?

QI - Question Interpretation

Underlines

Scope for Diagram

AF - Answer Framework

WD - One Line about UNESCO Also

Indian Concern

Legal Position - Self-regulation in India by PCI, Can Quote Romesh Thapar Case
Govt Position - Media Pluralism
Regulations on FDI
Position of People and Society

Challenges

Increasing Corporatisation
Sensitisation Issues
Yellow Journalism Issues
Murder of Journalist

Way Forward

Notes: Put Diagram in Box, Tell what is the Diagram About

Theme: Paper 2 - Fundamental Rights - FoSE