Tuesday, November 22, 2011

Council Guides to Journalistic Ethics


Press Council Guide to 
Journalistic Ethics


Press Council Guide to Journalistic Ethics
The Press Council of  India has been established to `preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies’ The Council is enjoined to `build up’ a Code of Conduct for newspapers, news agencies and journalists in accordance with high professional standards. `A compendium of broad principles was first published in 1983- 84. In October 1992 , the Council published `an updated but succinct compilation of the principles of journalistic ethics sorted out from the adjudications of the Council and the guidelines issued by it in their wake’ (The Guide to Journalistic Ethics was further revised and updated in 1995 by the present Chairman, Mr. Justice P. Sawant). Below are excerpts from the 1992 guidelines:         
                                                                           
1.      Accuracy and Fairness : The fundamental objective of journalism, declares the Guide, is to serve the people with news, views, comments and information on matters of public interest in a fair, accurate, unbiased, sober and decent manner .Publication of inaccurate, baseless, graceless, misleading, or distorted material should be avoided All sides the core issue or subject should be reported.
(a) Verification and checking of news before  publication is necessary where its publication and the comments based there on  can   create complications, such as:
(i)                 Where it is likely to incite communal passions
(ii)               Where it is of a slanderous nature.
(b) However, failure to observe strictly this rule as to pre-publication verification would not necessarily amount to a breach of Journalistic ethics on the part of the editor.
(i) Where the impigfned news item was merely a statement made by a responsible political leaber of the ruling party at a Press conference or a public statement of a recognised leader, or
(ii) Where the impugned news item was based on the reports of an accredited correspondent.
Provided  in either case it was in respect to a matter of public concern.
(c) Unjustified rumors and surmises  should not be set forth as  facts.

2.      Journalists should  judge no one unheard.

3.      Cautions against Defamatory Writings: Newspapers should not publish  anything which is per  se defamatory or libellous against any individual or organization unless after due care and checking they have sufficient reason to believe that it is true and its publication will be for public good.

4.      (a) Pre-publication verification of reports necessary : Whenever a newspaper receives a report or article containing defamatory or derogatory imputations or comments against a public figure, public servant or public organisation, touching his/her or its public conduct   charactor in so far as it appears in that conduct, the editor should. Before publishing it, check with due care and attention, its factual accuracy part from other authentic sources, with the person or the organization and publish the same. If the person or the organization likely to be affected by that report/ article refuses to give his/ her counter –version or reaction, despite sincere efforts made by the editor , a footnote to that effect should be published along with the report/ articles If from the counter-version given by the person or organization concerned to elicit his/ her or its version, comments or reaction the editors mind his left rocking with doubt in regard to  the veracity of any part of the report / article he should omit from publication that part and publish the rest with consequetioal amendment, provided the editor is satisfied that the remainder is substantlaully accurate and its publication will be for public benefit. If such doubt permeates the whole of the report / article, the prudent course for him/her is not to publish it at all.
(b) This salutary rule of journalistic ethics and fairness follows as a necessary corollary from two basic principles : the first is a fundamental canon of natural justice,that no one should be condemned unheard. The second is that freedom of the Press is not merely a right of the publishers and editors
But also of the readers’ / peoples’ right to know all side of an issue of public interest. The editor, therefore, cannot refuse to publish the reply or rejoinder merely on the ground that in his/her opinion the reply or rejoinder merely on the ground that in his/her opinion the story published in the newspaper was true. That is an issue to be left to the Judgment of the readers.

5.      Privacy: instruction or invasion on the privacy of individuals is not permissible unless outweighed by genuine overriding public interest, not being a prurient or morbid curiosity. (Explanation: Things concerning a person’s home, family, religion, health, sexuality, personal life and private affairs are covered by the concept of privacy excepting where any of these impinge (upon the public or public interest).
Victims of Sex Crimes – Caution Against Publication of Names or Pictures.

6.      While reporting crimes involving rape or molestation of women, of sexual assault on children, or raising doubts and questions touching the chastity , personal character and privacy of women, the names. Photographs of  the victims or other particulars leading to their identity should not be published. While such publication serves no legitiomate public purpose, it may bring social opprobrium to the victims and social embarrassment to their relations, family, friends, community, religious order or the institution to which they belong.

7.      Newspapers to eschew suggestive guilt by association: They should not name or identify the family or relative or associates of a person convicted or accused of a crime, when they are totally innocent and a reference to them is not relevant to the matter reported.

8.      Corrections: When any factual error or mistake is detected or confirmed, the newspaper should publish the correction promptly with due prominence and with apology or expression of regret in a case of serious lapse.

9.      (a) Right of Reply: The newspaper should promptly publish at the instance of the person feeling aggrieved/ or concerned by the impugned publication, a contradiction / reply/ rejoinder sent to the editor in the form of a letter of a letter or note. The editor has a discretion either to publish it in full or publish it’s a bridged and edited version, particularly when it is inordinately long. But the reminder should be an effective reply to the allegations. However, the editor is not entitled to alter, omit or refuse to publish important portions of the reply / rejoinder which effectively deal with the material allegations in the news item. If the editor doubts the truth or factual accuracy of the contradiction/ reply / rejoinder, even then, it is his /her duty to publish it, with liberty to add separately at the end, an editorial comment doubting its veracity, but only when this doubt is reasonably founded on unimpeachable documentary or other evidential material in his/ her possession. The editor should not, in a cavalier fashion, without the application of mind append such note as: we stand by our story’ it must be remembered that the liberty to append an editorial comment to a rejoinder or reply, is not an absolute right. It is a concession which has to be availed of sparingly with due discretion and caution in appropriate cases.
(b)However, where the reply / contradiction or rejoinder is being published in compliance with the direction of the Press Council it is permissible to append a brief editorial note to that effect .

10. Letters to the editor : An editor who decides to open his/her columns for letters on a controversial subject, is not obliged to publish all the letters received in regard to that subject. S/he is entitled to select and publish only some of them either in entirety or the gist there of . However, in exercising this discretion s/ he must make an honest endeavour to ensure that what is published is not one sided but represents a fair balance between the views for and against with respect to the principle issue in controversy. In the event of rejoinder upon  rejoinder being sent by two parties on a controversial subject , the editor has the discretion to decide at which stage to close the continuing column.

11. Conjecture, Comment and Fact: Newspapers should not pass on or elevate conjecture, speculation or comment as a statement of fact. All these categories should be distinctly stated.
Paramount interest of State, Society and Rights of Individuals not to be Jeopardized.

12. newspapers should, as a matter of self-regulation, exercise due restraint and caution in presenting any news, comment or information which id likely to Jeopardise, endanger or harm the paramount interests of the state and society, or the right of individuals, for the protection of which reasonable restrictions may be imposed by law on the right to freedom of speech and expression under clause (2) of article 19 of the constitution of India.

13. Newspapers may expose misuse of diplomatic immunity: the media should make every possible effort to build bridges of co-operation, friendly relations and in developing better understanding between India and foreign states, At the same time, is the duty of a newspaper to expose if any diplomat is trying to misuse or  take undue advantage of the diplomatic immunity.

14. Covering communal disputes clashes :News, views or comments relating to communal or religious disputes/ clashes should be published after proper verification of facts and presented with due caution and restraint in a manner which is conducive to the reaction of an atmosphere congenial to communal harmony, amity and peace. Sensational, provocative and alarming headlines are to be avoided Acts of communal violence or vandalism people’s confidence in the law and order machinery of the state, giving community –wise figures of the victims of communal riot, or writhing to inflame passions, aggravate the tensions, or accentuate the strained relations between the communities/ religious groups concerned, or which has a potential to exacerbate the trouble, should be avoided.
Headings should not be sensational/ provocative and must justify the matter printed under them

15. In general, and particularly in the context of communal disputes clashes: 
(a)   Provocative and sensational headlines should be avoided.
(b)   Headings must refiect and justify the matter printed under them.
(c)   Headings container allegations made in statements should either identify the body or the source making it or an least carry quotation marks.

16. Plagiarism: using or passing off the writings or ideas of another as one’s own without  crediting the source, is an offence against the ethics of Journalism.

17. Recording interviews and phone conversations:  Journalists should not tape –record anyone’s conversation without that person’s knowledge or consent, except where the recording is necessary to protect the journalist in a legal action, or for other compelling good reason.

18. (a) Obscenity and vulgarity to be eschewed: Newspapers / journalists should not publish anything which is obscene, vulgar cr offensive to public good taste.
(b) Newspapers should not publish an advertisement contending which is unlawful or illegal or is contrary to good taste or to journalistic ethics or proprieties ,
(c) Newspapers should not display advertisements which are vulgar or which, through picture of a woman in nude or lewd posture, provoke the lecherous attention of males as if she herself was a commercial commodity for sale.
(d) While publishing the tape- recorded statement of  another, the editor should delete obscene or filthy epithets offensive to good public taste, with which the person stating might have punctuated the tenor or tone or his/ her answers.

19. Glorifuying violence to be eschewed: Newspapers / journalists should avoid Presenting acts of violence, armed robberies and terrorist activities  in a manner that glorifies their acts or death in the eyes of the public, 

20. Glorification/ Encouragement of Social Evils to be eschewed: Newspapers should not allow their columns to misused for writing which have a tendency t o encourage or glorify social evils like Sati Pratha.

21. (a) Caution In Criticizing Judicial Acts : Excepting where the court sits in camera or directs otherwise, it is open to a newspapers to report pending. Judicial proceedings, in a fair, accurate and reasonable manner. But it should not publish any thing:
(i) which in its direct and immediate effect , creates a substantial risk of obstructing, impeding or prejudicing seriously the due administration of justice
Or
(ii) is in the nature of a running commentary or debate, or records the paper’s own finding, conjectures, reflections or comments on issues, sub-judice , and which may amount to arrogation to the newspaper the functions of the court
Or
(ii) Regarding the personal character of the accused standing trial on a charge of committing a crime.
(b) Newspapers should not a matter of caution publish or comment on evidence collected as a result of investigative journalism when after the accused is arrested and charged, the court become seized of the case nor should they reveal, comment upon or evaluate a confession allegedly made by the accused.
(c) While newspapers may in the public interest make reasonable criticism of a judicial act or the judgement of a court for public good they should not cast scrrilous aspersions or or impute improper motive or personal bias to the judge nor should they scandalize the court or the judiciary as a whole, or make personal allegations of lack of ability or integrity against a judge.
(d) Newspapers should, as a matter of caution avoid unfair and unwarranted criticism which by inured attributes to a judge extraneous consideration for performing an act in due cource of his /her judicial functions even if such criticism does not strictly amount to Culpable Contempt of court.

22.  Newspapers should avoid crass commercials : while Newspapers are entitled to ensure improve or strengthen their financial viability by all legitimate means they should not engage themselves through the print media in crass commercialism or unseemly, cut-throat completion with their rivals for earning ever more profits for their proprietors in a manner which is  repugnant to professional standards and good taste, and tends to downgrade   the primary role of the free Press as an essential institution of democracy to a  subservient place.

23. Photographs of Dead Bodies of Victims of Crimes / Accidents:
Photo- journalism is an important part of the print media.  While intrusion through photography into personal grief likely to hurt sentiments or arouse communal passions. Should be avoided, publication of photographs serving  the larger public interest cannot be termed unethical or in bad taste.
In the Indian environment  publication of the photographs of the dead bodies of the victims of accidents or natural calamity may not be per use  wrong  unless objected to be near relations of the deceased.

24. (a)Caste, Religion or  Community Disclosurs to be Generally Avoided :In general, the identification of a person belonging to scheduled caste or depressed class, with reference to his/her caste or by use of the word Harijan should be avoided particularly when in the context it conveys a sense or attributes a conduct or practice derogatory to that caste.
(b) It is not desirable for a journalist to describe of person accused of an offence by mentioning his caste when the caste does not have anything to do with the offence or the crime and plays no part either in the identification of any accused or proceeding, if there be any.
(c)  Except when it become relevant and material, it is not proper and desirable to mention the caste religion or community of an assailant or victimin a news item. Mention of cate, creeed ,religion cr community usually serves no useful purpose, but may at times have the unfortunate effect of creating – ill feeding among communities and individuals.

25. (a) Editor’s Responsibility for all matter published in the Newspaper : The editor shall assume responsibility for all matter, including advertisements, published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated before hand.
          (b) Unconfirmed news shall be identified and treated as such

26. Confidence to be respected : If information is received from a confidential source, the confidence should be respected. The journalist cannot be compelled by the Press Council to disclose  such source; but it shall not be regarded as a breach of journalistic ethics if the source is voluntarily disclosed in proceedings before the council by the journalist who considers it necessary to repel effectively a charge against him/ her. This rule requiring  newspapers not to publish matters disclosed to it in confidence is not applicable where
(a) consent of the source is subsequently obtained.
(b) the editor clarified by way of an appropriate footnote that since the publication   of certain matters were in the public Interest, the information in question was being published although it had been made ‘ off the record’.

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