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| [Discussion] Media Trial - How fair? | Views: 905 |
| Jun 08, 2008 5:42 am | | [Discussion] Media Trial - How fair? | # |
Vijay Nair | | Media Trial - How fair?
By S.N. Tewari
The Constitution of India guarantees freedom of speech and expression to its citizens as enshrined in Article 19 of the Constitution subject to reasonable restrictions. This envisages that the Press is not immune from the general law governing civil and criminal liability in its expression. Freedom of Press is not specifically mentioned in the Constitution, but draws similar privilege by inference for dissemination of information. The recent judgment of the Apex Court holding the disclosures, interviews and statements on electronic media as admissible in law, enjoins greater responsibility on the Press.
Precautions needed are obviously that the disclosure by an accused is voluntary, not under duress and is without any tampering, altering and editing so as to maintain the textual clarity. Orissa recently witnessed a plethora of panel discussions on TV channels on the change of jumping of parole by Britihotra Mohanty, son of B.B. Mohanty, DG of Police (Home Guards). While conducting the programmes, no investigative procedure was followed and the documents in Rajasthan were not scrutinised. The discussions veered round imaginary and speculative ideas purveyed by the electronic and the print media. Mere recording of FIR against someone is not enough to jump to conclusion of culpability, without going through the substantive and circumstantial evidence. Definitive views on guilt can harm the reputation of the concerned person and give wrong notions to the common people.
A case in point is the Nithari killings, where confession by accused Mahinder Singh and Surinder Singh made to the police, are hit by Section 27 of the Indian Evidence Act, which makes confession to police inadmissible in law. They are guilty or not would be known only when the matter is fully investigated and tried in the court, though strong suspicion would remain at the inception. Even polygraph or lie detector, narco-analysis and brain mapping tests can give clues to the investigator but are not admissible in law in India. The over-exposure by the media thus makes a person guilty even if he or she is not tried in the court. This was evident while in CBI custody, some members of the public attacked the Nithari accused while being produced in the
court.
Similarly, in the recent serial killings in Mumbai, the police had published a sketch of the suspect but the person now arrested appears quite different. Moreover, when the suspect or accused is questioned in front of camera without concealing his or her face, this may jeopardise the identification parade held by the Magistrate.
Several crime thrillers now a days are being run by media either based on police investigation or on the pronounced judgments. Dramatised versions are produced and the anchor finally gives his own verdict. In matters under investigation, such portrayal may lead to wrong conclusions. I know of a case where the so called deceased in a murder case had reappeared, when everyone was convinced that so and so had killed him. This calls for not only restraint in jumping to conclusion but also requisite knowledge of law and investigation by the person organising programmes on crimes in the electronic media.
Media has every right to purvey the factual information as in the case of abduction by some over enthusiastic Army and Paramilitary personnel in Jammu and Kashmir in abducting and killing innocents in fake encounters, portraying them as terrorists for promotion or reward. However, care has to be taken that the media does not jeopardise the investigation and ensures that the armed forces in general would not
be subject to reprisal by the masses.
(The author is retired in the rank of Director General of Police, Orissa and is a recipient of President's Distinguished Service Medal)Private Reply to Vijay Nair |
| Jun 09, 2008 6:00 am | | re: [Discussion] Media Trial - How fair? | # |
Hiren Shah | | Interesting. Last week, prominent journalist Vir Sanghvi, while writing in the context of Arushi Talwar case in the Hindustan Times, cautioned fellow mediamen that if they overreach themselves, they would invite some kind of regulation by the goverment. Some elements in the media have a penchant for sensationalisation and Mr Sanghvi stated that self regulation was the best course of action for them.
This is an issue which can only be judged on a case by case basis. In the Jseicca lall case, the media played a significant role. Our country has all kinds of injustices and the media can at least higlight them to the advantage of the common man who would be helpless otherwise. It is a matter of a sense of proportion- they should not overreach themselves and the means should not become an end in itself. Private Reply to Hiren Shah |
| Jun 28, 2008 5:23 pm | | re: re: [Discussion] Media Trial - How fair? | # |
Ritu | | I came across
http://jeetendraprasad.blogspot.com/2007/08/sorry-state-of-indian-news-channels.html
Though it is not directly related to 'media trials' but it gives a fairly accurate and humorous account of 'Sorry State of Indian News Channels'. Worth reading.
Private Reply to Ritu |
| Jul 01, 2008 6:03 am | | re: re: re: [Discussion] Media Trial - How fair? | # |
Hiren Shah | | It is true that News has become more entertainmaint than news. Just we have all kinds of inane serials going, the newschannels show anything and everything which they feel shall go down well with the public. One can only hope that in the long run, public sensibility and taste improves. That can be the only lasting, long term solution. Private Reply to Hiren Shah |
| Jul 01, 2008 3:43 pm | | re: re: re: re: [Discussion] Media Trial - How fair? | # |
charuhasan | | The media trial is the latest fashion in investigative reporting in western style. It is very difficult to follow the British Jurisprudence and find the truth in every judgment. All our judges are brought to the bench by one ruling party or other. Years back one Chief Justice of the apex court said that a woman’s place is in the Kitchen and drew flak. I have met the present Chief Justice Hon.Balakrishnan for starting a Sub Court in my native Village. Our Chief Election Commissioner who wears a red line on the frontal region of his forehead might have distaste for the parties that do not have great respect for Sahastranama. In the instant case of a Dentist father, having defended 3000 prosecutions in 30 years, I do not see any motive for the cops to fabricate a case against the father. I can understand insanity in one man but not the press reporters. Most of us are inappropriate morality oriented. How many fathers won’t kill his own child and the man servant who indulged in some sex experiment? Private Reply to charuhasan |
| Jul 04, 2008 4:43 pm | | re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Ritu | | 'It is true that News has become more entertainmaint than news. Just we have all kinds of inane serials going, the newschannels show anything and everything which they feel shall go down well with the public. One can only hope that in the long run, public sensibility and taste improves. That can be the only lasting, long term solution.'
>>So this is a classic chicken & egg problem...does media show all kind of inane news (that too blown out of proportion) 'cos the public wants it or the public becomes interested because inane news blown out of proportions is high lighted over n over n over again??
Things are fine till the media sticks to its own work..that is bringing issues to public attention but the things turn hilarious (or not) when the reporters get over excited & go overboard & far beyond their own domain...a few years back I was watching a report on absenteeism of teachers in Government schools in Delhi..fine & fair enuff...but it dint stop at that...the repoter started taking a class (for 5 mins for the show of it)& also confronting (actually shouting literally)the teachers asking them for explainations...while i don't have any sympathy for the absentee teachers it was quite amusing to watch them struggle to answer the reporter about their whereabouts. It was absurd & hilarious & very confusing to watch the reporter taking teachers to task.Private Reply to Ritu |
| Jul 05, 2008 10:43 am | | re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Hiren Shah | | Taking to task reminds of one thing. In this forum, a lot has been written about ICICI bank. Recently, their service standards have fallen drastically and even to take a simple statement from them takes longer than the nationalised banks. Before the internet came, my father used to threaten them with "I shall do the newspapers" or "I shall write to the chairman directly". With the internet, there should be some systematic system to make people anwerable becasue the new media is deadly that way. Otherwise, what is the point of all this so called mass communication and information revolution. ? Private Reply to Hiren Shah |
| Jul 06, 2008 4:05 am | | re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Ritu | | Your speaking of 'taking to task' reminds me of another thing & that is some smarty pant will soon arrive and point out that this thread is losing focus or something equally obvious & unnecessary & blah blah etc etc but anyways there are quite a few sites which do exactly what you are talking about
http://www.core.nic.in/
http://www.complaintsboard.com/
While the first one actually takes up your issues with the concerned company the later looks like a rant site where you can let your dissatisfaction be known to world at large...(but I'm not so sure cos I've not explored this site thorughly).On complaints board site your complaints are filed under various categories like Airlines, Banking, Lawyers, etc & they have quite a few complaints in banking category including many against ICICI.
http://www.complaintsboard.com/bysubcategory/banks.html
http://www.complaintsboard.com/complaints/icici-credit-card-c77653.htmlPrivate Reply to Ritu |
| Jul 06, 2008 6:20 am | | re: re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Rajah Lakshminarayanan | | Thanks to films, justice through courts has become a over romanticized concept. A proceeding in a court of law is hardly if ever in pursuit of truth or justice. It is merely a search for proof. This is why an advocate plays such an important role in the justice delivery system for it is he who knows( or is supposed to know) the legally acceptable method of presenting the proof for his assertions.Flamboyant speeches and fiery dialogue may deliver justice in films but they are of little use in real life courts.Understanding this aspect will help litigants manage their litigation better. Private Reply to Rajah Lakshminarayanan |
| Jul 23, 2008 6:47 am | | re: re: re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Hiren Shah | | Thanks for the links, Ritu especially complainboard which I was totally unaware of.
Yesterday, one could seel all the murky goings on in parliament on TV for the vote against or for the UPA govt. Where politicians are concerned, at least fear of the media can make them behave themselves to the extent possible. They are even forced to participate a lot more in debates during election time than was possible when only Doordarshan was there.
Barkha Dutt's "We, the people" on media overreaching themselves(the Talwar case) concluded on the note of introspection and self reflection. Any power, when miiused or overused is bound to be counterproductive. Private Reply to Hiren Shah |
| Jul 24, 2008 7:32 am | | re: re: re: re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Swetha Mourougane | | media is mostly male dominated in india.
female folks are mostly used and thrown like cheerleaders in Twenty20.Private Reply to Swetha Mourougane |
| Jul 24, 2008 4:12 pm | | re: re: re: re: re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Ritu | | 'Barkha Dutt's "We, the people" on media overreaching themselves(the Talwar case) concluded on the note of introspection and self reflection.'
Hiren, because the media has been cuaght with its pants down in the said case...they'll make the necessary noises & apologies without really meaning anything...& when they hit upon the next sensational story they'll be back to their business as usual...perhaps a few channels/journos will do introspection but that is not likely for the rest & that is to say the majiority unless there is some accountability of some sort....& they will defend their dramas (which includes serious character maligning without any facts to support whatsoever) as being in public interest.Private Reply to Ritu |
| Jul 25, 2008 5:45 am | | re: re: re: re: re: re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Hiren Shah | | In Barkha's program, someone pointed out that only the concerned channgels should be punished instead of painting the whole media bad in a sweeping generalisation. The media will move on to the next story as Ritu has pointed out. Sometimes, one wonders about the efficacy of talk shows without any follow up- that would be media trial of a different kind. Private Reply to Hiren Shah |
| Jul 25, 2008 1:26 pm | | re: re: re: re: re: re: re: re: re: re: re: re: re: [Discussion] Media Trial - How fair? | # |
Ritu | | 'In Barkha's program, someone pointed out that only the concerned channgels should be punished instead of painting the whole media bad in a sweeping generalisation.'
~Hiren 99% of the media give the rest a bad name!! While some channels were more restrained than the others in the Talwar & Hemraj case no one came out of this episode smelling of roses .
'Sometimes, one wonders about the efficacy of talk shows without any follow up- that would be media trial of a different kind'
~Is there anything concrete on the agenda to bring some accountability to the channels??? or is this the empty talk we hear after every such pathetic episode happens?? The news & talk shows thrive on the short public memory.
Private Reply to Ritu |
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