Media Law and Ethics: Press Freedom, Defamation, Privacy, Copyright and Codes
Press freedom
Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, which includes the press. Article 19(2) permits reasonable restrictions on grounds including sovereignty and integrity, security of the State, public order, decency or morality, contempt of court, defamation and incitement to an offence. The right is not absolute, and it carries duties.
Defamation
- IPC 499 defines defamation; IPC 500 punishes it with simple imprisonment up to two years, or fine, or both.
- Essentials: a defamatory statement, publication to a third party, reference to the plaintiff and resulting harm. Civil defamation is a tort; criminal defamation is an offence.
- Defences: truth that the public good requires to be published, fair comment on a matter of public interest, and privilege - absolute for parliamentary and judicial proceedings, qualified for fair reports of them.
Privacy and copyright
Privacy is a fundamental right under Article 21 (K.S. Puttaswamy v Union of India, 2017), and intrusion must be lawful, necessary and proportionate. The Copyright Act 1957 protects original works for the author's life plus sixty years; section 52 fair dealing permits use for criticism, review and reporting, with attribution.
Codes of conduct
The Press Council of India's Norms of Journalistic Conduct require accuracy, no trial by media, no identification of rape victims, care with juveniles, a right of reply, no payment for news, and prominent correction of errors.
Worked example
A paper calls a shopkeeper a known cheat without evidence. Analysis: the statement is defamatory, it is published to readers and it identifies him, so defamation is made out. Truth is a defence only if proved and shown to serve the public good, and fair comment fails because an allegation of crime is a statement of fact, not of opinion.
Traps
Saying truth is always a complete defence. Confusing civil with criminal defamation. Forgetting that photographs, cartoons and captions can defame.