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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	69
7	Are citizens able to form broadcast (radio and TV) media entities?	69
8	Can citizens freely use the Internet?	75
9	Are the media able to report on corruption?	83
10	Are the media credible sources of information?	90
11	Are journalists safe when investigating corruption?	0

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments: Article 19 (1) (a) of the constitution extends the freedom of speech to print and electronic media with certain limitations as laid down in subclause (2). Besides, the Press Council Act, 1978, empowers press to exercise its freedom. Government retains the right to censor informations which could threaten the sovereignty and integrity of the nation, security of the country, damage friendly relations with foreign countries, cause public disorder, or if the information is indecent or immoral, contempts the court, or if it is a statment of defamation.

References: Article 19 of the constitution

Peer Review Comments: The Law on Defamation and the Contempt Law continue to hang like the proverbial sword of Damocles over the heads of reporter in India. The latest instance is the case involving the nexus between a Judge in the ``Sealing Case" and his son's business interests. The journalist was hauled in for contempt and sent to jail. Though the sentence is now stayed, the threat remains very real.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments: Article 19 (1) (a) of the constitution grants freedom of speech and expression as a fundamental right. As a caveat it must be added that there are serious challenges in people exercising a capacity to enjoy this right in the light of the hierarchical social structure, which limits access to opportunities and the benefits of education.

References: Article 19 of the constitution

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: There are no specific restrictions on forming media entities. They need to conform to the laws that are in place with regard to formation of such entities. It must be added that much of the media in India is business-driven and business-controlled. As a result, it becomes sensitive to the `cues` of the more privileged sections of society.

References: www.presscouncilofindia.nic.in;

www.mca.gov.in;

www.mib.gov.in

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: There is a legal mechanism.

References: Freedom of the Media regulations

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: In practice, there is a maze of bureaucratic procedures involved, and ordinary citizens can encounter delays in procuring media licenses within a reasonable time period. Given the comments to previous questions, one's capacity to secure the required licenses is directly linked to their contacts and influence within the system.

References: Ministry of Information: www.mib.gov.in/;

www.indiantelevision.com/dth/dth11.htm; www.pib.nic.in/focus/foyr2001/fomar2001/dth_glines.pdf ;

www.freemedia.at/cms/ipi/freedom_detail.htmlcountry=/KW0001/KW0003/KW0049/&year=2001

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: In practice, there is a maze of bureaucratic procedures involved, and ordinary citizens can encounter delays in procuring media licenses within a reasonable time period.

References: www.mib.gov.in

Peer Review Comments: The costs are purely in terms of opportunity costs. The monetary cost is not an issue.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: In theory it can be argued that there are no specific restrictions on forming media entities. They need to conform to the laws that are in place with regard to formation of such entities is the mandatory requirement. The media in India is largely (financially) controlled by a few business conglomerates. As a result, in reality the capacity of ordinary citizens successfully venturing into this domain remains a big question mark.

References: Media reports;

Press Council of India Web site: www.presscouncil.nic.in

Peer Review Comments: It is very difficult for small organizations with few financial resources to form into media entities. The advantages available to the large conglomerates that carry great political and bureaucratic clout cannot be matched by small entities.

Peer Review Comments: The issue is not about setting up TV media. The challenge is to establish it as a business model and gather a viewership that helps raise advertising revenue and thus sustain the setup.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: There is a legal mechanism. There is an appeal mechanism in place to challenge the revoking or non-granting of broadcast rights. The Press Council of India is an autonomous body with the mandate to maintain a high degree of responsibility in the media. The government is planning to introduce the Broadcasting Service Regulation Bill, which would provide for an authority for regulating broadcasting issues, including programs and advertisements.

As of late, the question has assumeed serious proportion on an important count. The media (electronic, print and radio) have not been serious about imposing self-regulation and norms. Two cases can be cited in this regard. Firstly, the winner of the Indian Idol, who hails from a particular part of India was commented on in a derisive manner on a FM Radio channel by a radio jockey. This sparked of riots and protests. The radio channel has now been asked to apologize and there is also the threat of further action (www.ibnlive.com/news/darjeeling-tense). Secondly, the television channel Live has been in the dock for airing a fake sting operation and has been banned for a month. The ban was imposed by the Information and Broadcasting Ministry by invoking the Cable Television Networks Regulation Act, of 1995 (www.hindu.com/2007/09/21/stories/2007092162961700.htm).

References: www.ibnlive.com/news/darjeeling-tense;

[ LINK ]

Peer Review Comments: However, the two examples quoted are not related to the issue of broadcast media licenses.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: In practice, there is a maze of bureaucratic procedures involved, and ordinary citizens can encounter delays in procuring media licenses within a reasonable time period.

References: www.mib.gov.in;

www.presscouncilofindia.nic.in

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: In practice, there is a maze of bureaucratic procedures involved, and ordinary citizens can encounter delays in procuring media licenses within a reasonable time period.

References: www.mib.gov.in;

www.presscouncilofindia.nic.in

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: A federal government notification from July 2003 says it can ban Web sites in the interest of: sovereignty or integrity of India; security of the state; friendly relations with foreign states and public order; preventing incitement to commissioning of any cognisable offences. The power has been used by the government on some occasions and it has sparked some protest. A few blogging sites were banned by the government because of their content. There have been protests on the ban.

References: [ LINK ];

[ LINK ];

www.censorship.wikia.com/wiki/Blogs_and_RTI_Acg/faife/report/intro.htm

Peer Review Comments: Content available on Web sites from government sources is extremely limited and is in the nature of reports from commissions and committees. Since Internet in India is still a luxury, accessing even limited information is difficult. Sometimes, people use the Right to Information Act to get the content published online or in print media.

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments: There have been restrictions imposed by the state as per the law mentioned in the earlier section. This has evoked serious protests and many groups are seeking recourse to the Right to Information Act do deal with the challenge.

References: www.presscouncilofindia.nic.in;

www.mib.gov.in;

www.rti.nic.in

Peer Review Comments: The government does not censor citizens creating content online, including blogs.

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: The provisions of equality before the law have ensured that the media enjoy unfettered rights to report, even if it damages the reputation of a public figure. This is subject to the laws of defamation. The media have been exposing cases of corruption relating to ministers, elected representatives and the bureaucracy. In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories. There is also the trend that the electronic media in their desire to be the first to report `scoops` relating to corruption and misuse of office, have used unethical means to do the same. The most recent controversy involves the effort of a media channel to frame a government school teacher on charges of illicit traficking by using fictious evidence.

References: www.southasianmedia.net/check_news.cfm;

Article 19 of the Indian Constitution

Peer Review Comments: It is true that the government has enacted a law in support of the statement. But if a recent case involving a retired chief justice of India is any indication, it is not legal to report on public figures even if the reports are accurate.

In the recent case, some journalists from Mid-Day, a newspaper published from more than one location, were arrested at the instance of a high court, which took suo motu of a report involving the chief justice as damaging to the entire judiciary. The case is now before the Supreme Court. The journalists were released by the court.

Peer Review Comments: There is an exception to this in the form of the Contempt Law, where the judiciary is empowered to accuse, try and convict a citizen (including the media professional) for contempt.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: It must be stressed that censorship of the press is not specifically prohibited by any provision of the constitution. Like other restrictions, reasonable limits can be prescribed. The question of the validity of censorship has been a matter that has attracted the attention of the judiciary often. The position taken by the government has been that if censorship is imposed in the interest of public order, it cannot at once held to be unconstitutional and fetter the freedom of the circulation. However, a reasonable restriction can be determined by the circumstances.

References: Press Council of India Reports: www.presscouncil.nic.in;

Norms of Journalistic Conduct by Press Council of India.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: In the recent past, there have been several examples of what has now been become known as`sting journalism`.The past year has been a never-ending sting season on television news. Parliamentarians have been caught on camera seeking cash for questions and their share of constituency funds; officials have been caught taking bribes; doctors have been filmed selling infants from hospitals; clerics shown issuing fatwas for money. A policeman was caught demanding bribes to hand over the body of a man to his family, etc., etc.. All this and more in the public interest, or the "greater common good", as the channels never tire of reminding viewers. Not surprisingly, politicians and authorities who have been at the receiving end of the stings are demanding some sort of legislation to rein in the news channels. Some journalists say stings are blurring the line between journalism and entrapment, between public interest and voyeurism. Now the Supreme Court has raised concerns over freelance sting operators hawking their 'exposés' to the highest bidder. "Whether it [sting operation] is in public interest or to make money it will have to be examined one day," the judges said.

References: www.hinduonnet.com/thehindu/mp/2006/06/29/stories/2006062900960400.ht;

news.bbc.co.uk/2/hi/south_asia/6076040.stm - 50k

Peer Review Comments: There is no pre-publication censoring by the government of corruption- related stories. Total freedom exists for the media to publish corruption-related stories.

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments: The law mandates that media companies disclose and make public the nature of the trust that owns the media company. A declaration of ownership needs to be made every year. This is a requirement by the Registrar of Newspapers for India who issues the registration certificate, and all the newspapers and periodicals print the information once a year. It must be stressed that the disclosure of ownership norms does not require mandatory disclosure of financial assets and transactions relating to the company.

References: Indian Companies Act

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments: The law mandates that media companies disclose and make public the nature of the trust that owns the media company. This is required to be periodically (once a year) disclosed on their Web site and in broadcasts. This does not, of course, include the financial transactions, profits accrued and the like.

References: The Companies Act

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: Any comment needs to be preceded by a statement. There has been a virtual explosion in terms of numbers, especially of the electornic media channels and the fm radio networks. The number of print media publications is also witnessing a sharp increase. The net result of all this is the desire of journalists to be able to getting `breaking news` for their respective channels/ papers. This has sometimes allowed norms and principles to be sidelined. Recent episodes involving a FM radio channel and a news channel can be cited in this regard. The news channel correspondent `created` a scoop by getting someone to create a make-belief situation and submit it as a piece of investigative journalism. The reporter was arrested and the channel taken off air for a brief while. In the case of an FM radio channel, the RJ made an insensitive comment about the ethnic background of the winner of the Indian Idol competition. This created an uproar and the channel was off the air for a brief while. The desire to sensationalize news has often resulted in the reporting of developments often without verifying the facts fully and before a thorough investigation of details. There has been a debate on adherence to greater professional ethics by the media. The Press Council of India has also been active in this debate. Some newspapers have appointed internal ombudsman to investigate complaints of biased reporting and coverage of news. Subtle biases - ideological, professional and personal invariably creep in while reporting and publishing news items.

References: www.hindustantimes.com/Redir.aspx?ID=6470369b-b354-4b7d-a9ec-32f961857828;

www.rediff.com/movies/2007/sep/28idol.htm ;

www.timesofindia.indiatimes.com/RJs_remarks_against_Indian_Idol_triggers_violence_curfew_/articleshow/2412829.cms; www.zeenews.com/znnew/articles.asp?aid=398103&sid=NAT&sname;

www.newswatch.in/news-analyses/ethics-and-freedom/9053.html ;

www.merinews.com/catFull.jsp?articleID=126283 - 113k

Peer Review Comments: Indian media, whether print or electronic, is highly partisan. What may be termed "freedom of the press" is in fact what the proprietors and management interpret as freedom. This often makes reporting biased, in some cases with an ideological slant. This is particularly true of the English media.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: The preliminary question we would have to deal with is how whether we define fairness in terms of time that political parties get/ are covered or in terms of fairness in coverage. Given the intense competition within both the electronic and print media, political parties do generally receive sufficient media coverage. Regional political parties have sometimes voiced apprehensions about the limited and, at times, biased coverage they receive. Often their grievances appear justified. Independent candidates receive media attention, but the spotlight of attention is clearly on the party-sponsored candidates. Ideological biases also clearly creep in. A classic example of this would be the stand that parties are taking on an issue like secularism or privatization. Different media publications/ channels have a persepctive on these issues and often view the development/ party stand from that lense. A discerning reader/viewer is able to make out the difference. The most recent example is that of the nuclear standoff, which threatens to force a national election. The media reports clearly articulate accepted ideological positions on the issue.

References: www.rediff.com/news/2007/oct/16ndeal5;

www.tni.org/detail_page.phtml?act_id=17212;

www.mg.co.za/.../breaking_news/breaking_news__international_news/&articleid=321320&referrer

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: A distinction must be made between access to state-owned media outlets at the time of elections and during non-election periods. Also here media refers largely to government-controlled electronic media and radio and not newspapers, as newspaper ownership is private. During non-election periods, the complaint is often that the ruling party/coalition is the one who is projected on the state-owned media outlets. During elections, there is a much more fair coverage of all political parties. They are allotted time for their election campaign on the state-owned media outlets on the basis of their classification as national or state based parties. Individual candidates have limited access to state-owned media outlets. Time sharing is on a party basis. It must also be stressed that today there is a mushroom growth of private electronic media channels and many parties purchase advertisement time on these channels. Some parties could allege that those parties which have access to fiscal resources are able to purchase advertisement time on private media channels.

References: Website of Doordarshan and Akashvani and Election Commission; www.ddindia.com;

www.allindiaradio.org;

www.eci.gov.in

Peer Review Comments: Over the years, state-owned media in India has declined, particularly with the emergence of private media. In any case, state-owned media means only the electronic media. The state does not have a print media of its own.

Despite this, during the elections, the Election Commission of India, and sometimes the judiciary, ensure fairness in the distribution of time and slots among various political parties. Here, political parties get prominence. Candidates contesting as independents, far too many in an Indian context, are largely neglected.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: The most recent case of action against journalists related to their writings on corruption charges against a former chief justice of India. On Sept. 21, 2007, the Delhi High Court found editors Vitusha Oberoi and M.K. Tayal, cartoonist Irfan Khan and publisher S.K. Akhtar guilty of contempt of court and sentenced them to four months in prison after the articles and a satirical cartoon claimed that the sons of then-Indian Supreme Court Justice Y.K. Sabharwal benefited from one of their fathers rulings. According to the articles, the decision opened the way for the demolition of several buildings, which increased the value of a neighbouring shopping mall that belongs to Sabharwals sons. Many believed that the decision of the Delhi High Cour applied this unjust contempt law in a most arbitrary manner.

In the state of Jammu and Kashmir photo-journalist Muhammad Maqbool Khokar has been held since Sept. 18, 2004, under an emergency public security law. Despite calls for his release from the Jammu and Kashmir High Court and the National Human Rights Commission, he has not been set free.

References: www.nhrc.nic.in;

www.nwc.nic.in

Peer Review Comments: These are but two cases. It is difficult to give a yes or no answer on this question.

Peer Review Comments: The arrests mentioned relate to contempt-of-court and human-rights violations.

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: Journalists have been harmed for reporting on and investigating matters of corruption. Ratan Luwangcha, a journalist, was taken to hospital and struggled for his life after being shot three times by two unidentified gunmen. Luwangcha is the bureau chief of the mass-local language daily Poknapham in the state of Manipur and general secretary of the All Manipur Working Journalists. Soon after this attack, the Manipur-based rebel group Kangleipak Communist Party (KCP) claimed responsibility for the attack, saying it was in response to an article Luwangcha had written criticising some of the groups tactics. As a protest, newspapers in the state of Manipur decided to suspend publication for two days and stage demonstrations against the attack on Luwangcha. The kidnapping of various editors from different newspapers in April 2006 showed KPCs lack of respect towards media freedom. Representatives of KPC seized the editors after inviting them to a weekend news conference in the state of Manipur and demanded that the editors newspapers print a message from the group marking its 1980 formation. They were released once their demand was met. In January 2006, journalist Kamlesh Paikra was forced to flee his house in the state of Chhattisgarh following death threats against him. He lost his job as a consequence. Paikra had been subjected to constant harassment by police for his news reports on alleged police excesses.

There was also an attack on staff members of CNN-IBN TV channel on March 7, 2006, in the state of Uttar Pradesh, after the TV channel aired a story about the assets of a former Uttar Pradesh chief minister (she is now the chief minister of the state), which were under a Central Bureau of Investigation (CBI) probe. Four persons surrounded the CNN-IBN vehicle dragged the driver and the attendant out, and beat them up. The vehicle was also set on fire. Before the attack, the politician had served CNN-IBN a legal note stating that the TV reports on him were distorted and asking CNN-IBN to pay approximately US$2.3 million in damages.

References: www.nhrc.nic.in;

www.nwc.nic.in;

www.presscouncil.nic.in

Peer Review Comments: The question needs clarity. Is the reference to journalists investigating corruption cases of government functionaries or private individuals? While journalists are under attack, why they are under attack and by whom, and whether they are under attack for investigating corruption-related matters, need to be explained.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Journalists working on corruption-related cases have been killed in the last year. Arun Narayan Dekate, a correspondent for the Marathi-language daily Tarun Bharat died on June 10, 2006, from injuries sustained in an attack. Dekate was riding a motorbike when he was attacked and stoned by four people. Dekate has exposed a gambling racket in his newspaper and gave information to the police, which apparently helped in the arrest of criminals.

Prahlad Goala, a correspondent for the Assamese-language daily Asomiya Khabar was murdered on Jan. 6, 2006. The journalist was riding a motorbike when he was apparently rammed by a vehicle and subsequently stabbed to death. Goalas body was found with multiple stab wounds, many to the head. Prior to his murder, Goala had written a series of investigative articles for Asomiya Khabar that linked local forestry service officials to timber smuggling. Investigating authorities have reportedly identified a number of suspects. Zamman Jinnah, a forest warden, was arrested on suspicion of Goalas murder and released on bail. Jinnah allegedly made death threats against Goala soon after his articles on corruption in the forestry service appeared.

References: www.nhrc.nic.in;

www.lawcommission.nic.in

Peer Review Comments: Another reference can be found at www.wan-press.org/3may/2007/article.php?id=356.