Professor Madabhushi Sridhar

Director, Center for Media Law Studies & Policy

NALSAR University of Law Hyderabad

I. Introduction: The Fall

1. Unethical Mixing: ‘Facts are sacred and comment is free’ is the basic norm of journalism. This is reinterpreted as ‘news is sacred and views are free’. But the situation is changed to: ‘false news is for a price and the views are free’[1].  The media, precisely regional media in Andhra Pradesh was involved in most unethical ‘news selling’ activity for exchange of unaccounted money, with no receipt, from contesting candidates irrespective of newspaper’s known lenience towards a political party. It was not even news selling but misrepresentation to voters for consideration. The Journalists organizations criticized this as blatant abuse of freedom of speech and expression to camouflage advertisement as news and in the process they were violating the norms under Indian Penal Code, Income Tax Act, and Representation of People Act, 1951.

Selling news space by TV Channels and columns by the print media, especially some of the Telugu News Dailies breach all ethical norms[2], such as ‘an Advertisement shall be distinguished from the news item, or news programme, and accompanied by the indication that it is an advertisement and the amount charged by media’.

2. Freedom: The Media, both the print and electronic, has freedom of speech and expression as part of the constitutionally guaranteed fundamental right[3]. The point of emphasis here is that the media persons are not the special category to have this freedom exclusively. This is to say that the media’s freedom has to sub-serve the interests of the people’s expression right through which the governing process begins.

The adult franchise to the all people of India who completed 18 years of age should be realized only through their enlightenment and facilitation of exercise of such right. This right is primary in building the people’s government to follow the rule of law. It is the responsibility of state machinery to provide a free atmosphere to vote in the general elections. It is an electoral corrupt practice and electoral offence to cause undue influence, make false statement, to interfere with the free exercise of the right to vote, with prescribed penal consequences.  The media which is hailed as fourth estate is expected to give unbiased and objective reports informing and enlightening the people to elect their own government.

Instead of performing that role in unbiased and objective manner, the regional Telugu Media, which is more influential and far-reaching, was selling the news space as advertisement. That ideal of objectivity and unbiased stand of the media has been weakening gradually.

3.  Freedom to decide the content: The Supreme Court of India[4] has stuck down the statutes and executive orders of the government when the State tried to introduce controls on the contents of newspapers, and restrict the space allotted to advertisement saying at least 60 per cent should be of news. It was considered as state interference with the autonomy of newspaper to decide how to fill their pages, which was violation of the freedom of press guaranteed by the Constitution. Thus, generally, the Newspapers or the News channels can decide its contents including the following

1. News Items: News items present the reports of the current events and happenings which include campaign.
2. Views: Editorial, articles, opinions, press conferences, and columns from eminent writers come under this category.
3. Advertisements: Advertisement is in fact selling the space of the newspaper for commercial promotion of the products and services offered by different companies.

4.  Missing Distinction between News and Advertisement: The basic norm that there should be strict separation between news and views has been violated day in and day out. The thin line between ‘news’ and ‘advertisement’ was blurring till yesterday, has been totally disintegrated today.  News is supposed to be regarded as factual reporting of events, and generally the newspaper would not be liable for the truthfulness of the contents of the advertisement unless they contain defamatory or obscene material.

Newspapers cannot survive without advertisements and using a part of their space for commercial selling is not wrong at all. There is nothing unethical in political parties purchasing the space and appeal for votes through that space by promoting their merits for gaining publicity.  Some creative advertisers design the copy of advertisement in the shape of a news item to promote their product. It merges with the contents of news page confusing readers as to distinguish the news from the advertisement. The newspapers or news channels are expected to mention that a particular piece is an advertisement.

5. Biased Media: There are a dozen TV Channels, eight of them being 24 hour news channels, and seven Telugu Dailies in Andhra Pradesh with substantial viewer ship and circulation. These newspapers are not at all hesitating to hide their affinities and strong affiliations. As the largest circulated Telugu Daily, Eenadu, with two TV channels in Telugu, extends strong support to Telugu Desham Party besides perpetuating strong opposition to Congress Party, the Chief Minister Y S Rajasekhar Reddy encouraged his son Y S Jaganmohan Reddy, contestant to Kadapa Lok Sabha seat to start Saakshi Newspaper and TV Channel recently with only mission of making regular counter-propaganda attacking contents of Eenadu. While another leading daily Andhra Jyothi, and new daily Surya are also TDP biased, the Vaartha, owned by Congress MP stands by his party. Andhra Prabha, once Indian Express group newspaper is now owned by a Congress leader. Andhra Bhumi, daily from Deccan Chronicle group belonged to family which was in Congress party for a long time. The Congress leaders strongly contend that because of Saakshi TV and Newspaper, the people in Andhra Pradesh could read another version to the stories bombarded by Eenadu and Andhra Jyothi about state politics. They also feel that the counter campaign launched by their party newspapers made the Congress to stand on a strong footing to fight the media tirade by Telugu Desham. In fact, both Eeandu and Saakshi ran several stories since more than a year mutually contradicting each other with several facts and angles to the controversies and corruption allegations. Eenadu introduced a website, and asked their readers through an announcement on its first page to see the detailed answers to the allegations leveled in Saakshi newspaper and website.

Thus, the influencing media in Andhra Pradesh has been vertically divided to sub-serve the interest of two major political parties, making it difficult or impossible to know the real ‘news’ in its neutrality.  Some of the news channel managements also did not hesitate to present their true colours to the viewers.

6. Public money to buy news space in rival newspapers: The Chief Minister Y S Rajasekhar Reddy and his cabinet colleagues and MPs launched a tirade against Mr. Ch. Ramoji Rao, Chairman, Eenadu Group, using state machinery to prosecute on several fronts based on the two documents procured by Mr. Undavalli Arunkumar, MP, under Right to Information Act. Mr. Arunkumar also started a news magazine exclusively to expose Mr. Ramoji Rao and criticize the Telugu Desam and all those parties which oppose the Congress party. The Government released crores of rupees worth Advertisements within the last two years to all newspapers including Eenadu, while lion’s share of that was handed over to the CM’s son’s newspaper Saakshi, which is under a challenge by Mr. Ramoji Rao in Andhra Pradesh High Court. The Government Advertisements were specially designed in the Telugu used by Eenadu, to be published on the front page below the title, which creates an impression the Eenadu has published a positive story as a banner item. They also prepared a four page advertisement which wraps the entire Eenadu Newspaper, exactly integrating into the unique page-make-up of its first page including the pocket cartoon. As the Government was paying the tariffs with extra percentage as fixed by the newspaper, which makes it a very huge amount, Eenadu was compelled to accept for business reasons. In the process all the leading newspapers in Andhra Pradesh were benefited with heavy amounts through advertisements propagating the schemes of Congress government. However, the moment the notification for elections was made, Eenadu has conducted a very serious anti-congress campaign through a eight-page election supplement every day under the caption “Panchajanyam” bringing about the failures, controversies, scandals targeting the Chief Minister and his colleagues. Both print and electronic media of Saakshi did not lag behind in bringing out failures and controversies of Telugu Desham’s nine-year rule besides repeatedly telecasting N T Ramarao’s fiery speeches against Chandra Babu Naidu during the elections. Their animation cartoon short ad film filled with satire about how Naidu ditched his father in law was an instant hit and was repeatedly telecast till the Election Officials found it violative of the Model Code of Conduct for elections. During this election time the Telugu viewers witnessed a very personal, at times very defamatory, some times vulgar TV shows involving political leaders such as YS Rajasekhar Reddy (Congress), Chandrababu (TDP), Chiranjeevi (Prajarajyam Party), K Chandrasekhar Rao (Telangana Rashtra Samithi), BV Raghavulu (CPIM) and Narayana (CPI).

7. Contradictory Role of Media: All the Telugu Newspapers in Andhra Pradesh publish either 14 or 16 page broadsheet which will be common to entire state, and tabloid district or city supplements with localized news items and advertisements. The two phases of election in AP witnessed a wonderful contradiction that the broadsheet newspaper writing in favour of a political party while its district editions and local news sheets within that supplement were selling their space for publishing favourable reports to promote some candidates. One newspaper which writes in favour of Congress Party was reportedly took money for ‘paid news’ from non-Congress candidates and realizing that it would affect their favourite political party, they paid back the amount to the non-Congress candidates. However their reporters were authorized to make package deals with congress candidates. Thus they perpetuated a contradiction of writing in favour of a political party in broad sheets and then filling the space in tabloid sheets with favourable stories for candidates of different political parties for money.  .

II. The Protest

1. Journalists Unions Question violation of Ethics: The Indian Journalists Union (IJU) and the Andhra Pradesh Union of Working Journalists (APUWJ) complained to Chief Election Officer of AP[5], these “unethical, unprofessional and immoral” practices of publishing “surrogate advertisements in news format”.  One of the signatories of the complaint, the IJU Secretary General K. Sreenivas Reddy alleged that the district tabloids of some newspapers were profusely resorting to these unethical practices. “No distinction is being maintained between ads and news. Managements are entering into contracts with candidates to publish news in exchange of money,” said Mr. Reddy[6].

These ‘paid articles’ come with extra topping as they sing paeans of the particular candidate and project him or her as the sole winner[7]. While in some cases the amount collected is the same as advertisement tariff calculated per column centimeter, there is also a package deal wherein a lump sum is collected for continuous publicity in news columns or space for a particular period during campaign. Campaign coordinators and political leaders felt “Direct ads were better. Now we are forced to spend though we are not keen on it. Newspapers may resort to negative publicity if we don’t play along.”

2. Women Journalists Protest: The Women Media Persons[8] criticized that the subterfuge of selling news space in the guise of news coverage of candidates was rampant. Not only did the newspapers indulge in unprofessional, immoral and unethical practice but also cheated the readers and misrepresented the situation regarding the prospects of candidates on the ground. While the candidates circumvented the expenditure limit imposed by the Election Commission, the newspapers committed a financial offense by not accounting for the revenue. The deal between the newspaper managements or their representatives and the candidates was that the coverage would begin from the date of election notification or whenever the deal was agreed upon. The paid news would appear in the news pages of the district supplements and the coverage would continue till the day of polling. That the news coverage was not genuine or that the news items, profiles of the candidate, their contribution to public life and indepth articles on the their prospects of winning were generated outside of the newspapers was evident from the fact that the same item/article appeared in different newspapers. Sometimes, a newspaper carried two articles in the same edition, on different pages though, stating that the chances of winning were bright for rival candidates in a constituency.

The memorandum from NWMI, stated that this unethical practice of taking money for publishing positive stories of candidate’s prospects was earlier limited to staffers of newspapers in the districts. The deal was between an individual journalist and the candidate. This time round however, the managements decided that they too wanted a piece of the cake and so every single Telugu daily newspaper formalized this underhand method of making money and cheating their readers. The rate was the same as the advertisement tariff of the newspaper for per column centimeter.
The Electronic Media too adopted similar methods to promote candidates through paid coverage in their news channels, news programmes and live coverage’.

3.  A candidate’s Experience in Warangal: Mr. P Kodanda Rama Rao, candidate of Loksatta from Warangal (West) Assembly constituency said how the print media, especially Telugu News Papers, played a dubious role, subverting the journalistic ethics, during the election campaign period i.e., from 29th March to 16th April 2009 in our State. He represented that “the Telugu Newspapers in our State publish separate District News supplements every day along with main editions. These District Supplements were used as a source of undue publicity by the candidates. The Managements of different Newspapers also colluded with the candidates who paid huge sums of money for getting the advantage of publicity for themselves in the garb of news that is what a surrogate Advertisement is. There is no objection if it is openly acknowledged as an advertisement. But it is not done. Instead, the managements have tried to favour the candidates who entered into “Package Deals” with them by publishing all such advertisements as if they are news items. The respectable Fourth Estate has lowered its own image in our state of A.P. as far as Telugu News Papers are concerned. It is like fence eating away the grass the custodian of democratic values itself trampling the principles of natural justice and fair play under its feet![9]”

The Loksatta candidate also presented a statement based on their study showing the total value of such surrogate Advertisements issued by three candidates in Warangal District from 29.03.2009 to 16.04.2009 as follows:

1.PRP Candidate in Warangal West:         Rs   8,81,134

1. TRS Candidate                                      Rs.   5,11,599
2. Congress Candidate                               Rs. 10,24,105

He has also lodged a complaint with the District Election officer of Warangal District, seeking to include this amount in the election expenditure of respective candidate based on the circumstantial evidence available rather than vouchers and bills, which were deliberately not insisted upon. If this trend is not nipped in the bud, it is likely to pollute the noble principles of democracy and the role of the press in protecting it.

4. A study in West Godavari: The President of Andhra Pradesh Union of Working Journalists, Mr D Somasundar, studied the ‘paid news’ extent in West Godavari District and concluded that almost all Telugu Newspapers did a big amount of money by open Advertisements and ‘paid news’.

News Paper	Advertisements (Number)	Space (Sq C.M.)	Paid news  (Number)	Space (Sq.CM)	Rate per Sq.C.M..
Eenadu	94	16439	92	23637	Rs.115
Andhra Jyothi	87	11145	163	38372	Rs.  90
Vaartha	47	7071	82	15327	-
Saakshi	76	10905	114	26494	Rs.100
Surya	44	3485	141	24935	Rs.  65
Andhra Bhumi	17	2329	48	10528	Rs.  30

Even the newspapers published by left parties, Visalandhra (CPI) and Prajasakthi (CPI M) were not logging behind in selling the news columns. The above table shows the money spent by candidates representing important political parties in Warangal West constituency in a backward Telangana district, and in one district of the rich Coastal District West Godavari. No district or constituency in entire state is an exception to this phenomenon. It is roughly assessed that at least Rs. 300 to 1000 crore was made by the media from the contesting candidates, which was nothing but black money.

5. Packages to false news: Each and every political party candidate was forced to enter into some package deal with the tabloid newspapers as the continuous campaign of winning stories of their rival candidates created a psychological edge and left a worrying factor in their cadre. Every candidate has to shell down a minimum of Rs. 5 lakh for not writing adverse reports and publishing favourable reports. The space and frequency of exaggerated false favourable reports is directly proportional to the size of the package money.  Every such item tells the readers that such a candidate is forging ahead leaving others far behind, people are receiving the candidate with great regard. They use expressions like ‘brahma ratham pattaru”, or “prachaaramlo doosuku velli pothunnaru’, “mahilalu mangala harathulu padutunnaru’, ‘yuvatharam utsahamsto urakalu vesthu kerinthalu kottindi’, which are most of the times absolute falsities. The lack of truth in it could be verified with in the same page where the newspaper publishes another similar story about the rival candidate in the same page or the other page or next day. It is also reported that some pages of district edition tabloids were changed twice or thrice every day to accommodate ‘success trail’ of different candidates in the same constituency. One report about successful campaign of candidate ‘x’ would be confined to a particular area or that those pages are made available only to such a candidate, while another edition with a different page writes about enthusiastic campaign of candidate ‘y’ and get that circulated as directed by that candidate.

5. The Deals: Selling absolute falsity as daily news in package deal, there is a concerted effort to unduly influence the voters in almost all constituencies. The newspapers had offered different packages such as

a)      regularly writing favorably on front page,

b)      writing favorably in regular succession on front page with color photo,

c)      writing regularly with color photos all through the campaign session, ie, from date of nomination to date of polling with interviews, news analysis, campaign trails etc.

d)      a package to write favorably and also to do negative campaign against his rival candidates.

e)      an informative interview of the candidate with photos on condition that they should purchase 25,000 copies of the newspapers besides some consideration.

The electronic media too followed the trend set by Telugu moffusil print media and sold the slot of space and time of their channel to the political party or the candidate showing the surging crowds to his address from ratham or roadshow.  Nowhere the media made any effort to indicate that it was a sponsored programme or sold out slot or an advertisement.

III. The Criminal and Election Law to Curb Unethical Practices

1. Restrictions against the news pamphlets: As per section 127A of Representation of People’s Act 1951, every pamphlet has to print the names and addresses of the printer and publisher thereof.  Subsection 2(b) of 127A says that every publisher shall send one copy of such publication to the Chief Electoral officer in the capital and to the District Magistrate in case of a district publication.  Any person who contravenes this provision shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.  The newspapers might have not violated Section 127A (1) as they generally publish the printers and publishers address every day.  But not sending a copy to the District Magistrates, clearly marking which part of their newspaper was in the shape of a pamphlet or advertisement. For each of such publication of pamphleteering material, they have committed a crime under Section 127 A(2)(b) which should invite a separate punishment. This section is aimed at providing a regulatory control to the governmental machinery to check unabashed false campaign during elections. Pamphlet will operate as a source and proof of false propaganda of the political party or candidate. By not sending the clearly marked publication copies to the District Magistrate these newspapers-turned-pamphlet printers denied machinery the chance of regulation and thus committed a violation of RP Act.

2. Undue influence: Such a propaganda for money camouflaged as a news item has to be examined whether it unduly influenced the free exercise of electoral right, which is defined as a crime under Section and 171C of Indian Penal Code and as undue influence under Representation of Peoples Act, 1951.

Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (171C(1) The punishment for the offence of undue influence is prescribed under Section 171 F of IPC, which says punishment of imprisonment up to one year or fine or both could be imposed.

3. Corrupt practice: If the content of each of such pamphlet in the guise of news item is examined, the possibility of direct or indirect interference or attempt to interfere on behalf of candidate with the free exercise of electoral right would be discovered.  In this case of package deals, the reporter or publisher were acting on behalf of the candidate as either of them took money to write such a news item during the election. It is necessary to examine each and every such ‘sold news column’ to know whether the candidate through this paid agent has made any appeal to vote on the ground of religion, race, caste, community or language or the use of religious symbols national symbols etc for furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate, or promoted enmity among different classes on the grounds of religion, race, caste, community or language,  as per section 123(3), and 123 (3A) etc.

4. Ground for declaring Election void: If this ‘corrupt practice’ of candidate through newspaper reporter or publisher by ‘sold news column’ has materially affected the prospects of a candidate or adversely affected the prospects of rival candidate, it could become a ground for declaring election as void under section 100 of RP Act, 1951.

5. Ground for Disqualification: On proof of this corrupt practice of the candidate, he would be disqualified from contesting election, according to Section 8A of RP Act, 1951, and along with him, those who committed this corrupt practice would forfeit the right to vote Section 11-A of the Representation of People Act, 1951. The machinery of Election Commission should probe into the allegations leveled by the journalists union and Loksatta Candidate and impose disqualifications on candidates from contesting and journalists from voting in coming elections.

6. Falsity: There is a need to examine the legal implications of such camouflage news selling during elections. First of all, every such paid news contained false reporting which might lead to violation of several other legal provisions. It is a crime under penal code:

Crime: Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine[10].

Corrupt Practice: The publication of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election is a corrupt practice[11].

Under these sold news columns, the newspapers published comments and critical remarks about personal character or conduct of any candidate. The truth or otherwise of such comments need to be established and if proved to be false, the candidate and the newspaper reporter or printer could be prosecuted.

7. Excessive Expenditure and Unaccounted income: These sold news columns may also amount to exchange of illegal money between the political parties or candidates and journalists. The income tax authorities have enough power to demand for accounts and tax for this amount. The political party or candidate has to reflect this expenditure in his election expenditure. After adding this expenditure for purchasing news columns if the amount spent exceeds the limit prescribed on expenditure, the consequential legal actions should be taken against such a candidate[12].

8. Violation of TV Rules: The Cable Television Networks Rules 1994 prescribes Ten Commandments to advertisers on Cable services.  The Rule 7 says that advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscriber.  No advertisement shall be permitted which;

(i)      derides any race, caste, color, creed and nationality,

(ii)     is against any provision of the Constitution of India;

(iii)   tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way; etc.,

Other Rules say: No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end.

No advertisement, which violates the standards of practice for advertising agencies as approved by the Advertising Agencies Association of India, Bombay, from time to time shall be carried in the cable service.

All advertisements should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz., use of lower part of screen to carry captions, static or moving alongside the programme. These rules made under the Cable Network Regulation Act could be enforced against the news channels telecast by the Cable Networks.

9. Unjust Enrichment: This is an unjust enrichment for the newspapers and the journalists who are under obligation to account for this money and show the legality of the source of this income besides paying the tax.

10. Professional Misconduct: This is undoubtedly an unethical practice and thus a professional misconduct for which the professional regulatory bodies like Press Council of India and Advertisement Standards Council of India might admonish and take any other step to secure the professional standards and ethical practices.

All advertisements must be truthful and capable of substantiation. Advertisement shall not contain a reference to person, firm or institution which confers an unjustified advantage or tends to bring the person to ridicule or disrepute.  Advertisements shall not distort facts to mislead the people by means of implications or omissions. Advertisements shall not contain statements or visual presentations which directly or by implication or by omission or by ambiguity or by exaggeration are likely to mislead the people[13].

Both the Councils developed the codes of advertisement which say: One of the fundamental objectives of this code is that the press should eschew publication of inaccurate, baseless, disgraceful, misleading or distorted material.

a)  While publishing Advertisement, the newspapers shall specify the amount received by them[14].

b)   No dummy advertisements are to be published[15].

c)   There should be no deliberate failure to publish an advertisement in all copies of the newspapers. This rule is frequently violated by the tabloid newspapers where in some ads were circulated in the areas of the advertiser only.[16]

d)  Newspapers while publishing advertisements should publish the tariff charged for each advertisement to ensure that no unusual fee over and above the normal market rate is charged, which may have other undesirable implications[17].

e)  Editor shall be responsible for all the Advertisements which are published in his newspaper unless explicitly stated before hand[18].

f)  No advertisement message shall in any way be presented as news.

There is no need to say that all the above norms are violated almost by every newspaper and channel as long as the campaign went on.

IV. Civil Society as Watchdog over Political Lapdogs

In fact, it was false propaganda for a price. It was not news sold but falsity spread as part of package deal. As any contract for illegal purpose is not valid these misleading or disinformation campaigns could not be treated as a legal contract at all. This practice is:

a)      an illegal contract for a wrongful objective,

b)      a crime of disinformation campaign,

c)      a crime of violating Section 127 (a) & (c) of RP Act

d)      a crime of undue influence under Section 171 C and 171F of IPC

e)      a corrupt practice under section 123 of RP Act, 1951

f)       a ground for declaring an election as void under section 100 of RP Act

g)      a reason for disqualifying the candidate from contesting election

h)      a reason for disqualifying the candidate from voting

i)        a violation of code of conduct of Press Council of India

j)        a violation of code of conduct of Advertisement Standards Council of India

k)      a violation of Cable Television Network Regulation Rules

l)        an unjust enrichment

m)    a gross professional misconduct

All the newspapers must be given some time to voluntarily disclose as to how much of money they made and what is the amount of space they sold to the political party. They have to account for that money and pay income tax and declare before the Chief Election Officer or District Magistrate that such money is paid by so and so candidate so that it is included in the expenditure account of that candidate.

Every District Magistrate in his capacity as Returning officer or District Election Officer has to issue a notice to each newspaper and contested candidate to furnish details of the sale and purchase of news columns and also submit the copies of the publication for verification of falsity or other wise of the reports and their influence on the voters. If the influence is adverse and would materially affect the result, necessary action should be taken.

The Chairman, Press Council of India, Justice G N Ray has declared an inquiry into these unethical practices of media during the 2009 General Elections. Besides, it is the responsibility of the Election Commission of India to curb this undue influence perpetuated by the Political Parties and candidates through the Media because it is their responsibility to facilitate free and fair poll. It is not just the case of unethical practice, but a crime of false reporting, undue influence, and corrupt practice, poll crimes for which both journalists and the politicians must be prosecuted.

During the debate on 13^th May 2009 at Hyderabad, some of the politicians who narrated their difficulties at the hands of the media, suggested to make a comprehensive legislation to impose ‘reasonable restrictions’ on the media to curb the misuse of the freedom. It is true that some of the newspapers under the control of political parties have black mailed the candidates using the power of the publicity. Even if it is assumed that some of the present media organizations have institutionalized the selling of space through its election related advertisement department to make targeted money, it does not mean that the people of India have misused their freedom. In fact, there is enough law in India to deal with such crimes as mentioned above, and thus there is no need to restrict the freedom of speech and expression under Article 19(1)(a).  Instead of performing function of watch dog, that media which became lapdog of political parties are running a disinformation campaign. The civil society should raise its voice against these practices which violated their right to know. The so called Fourth Estate now needs to be checked by the Fifth Estate, the civil society.

---

[1] Comment made by Mr. S. Nagesh Kumar, Deputy Editor, The Hindu, Hyderabad at a Seminar on General Elections- 2009, Media Reporting, organized by Press Academy of Andhra Pradesh, inaugurated by Justice G N Ray, Chairman Press Council of India, on 13^th May, 2009 at Jubilee Hall, Hyderabad.

[2] Codes of Conduct developed by Press Council of India and Advertisements Standards Council of India

[3] Article 19(1)(a) of the Constitution of India

[4] Sakal Papers v Union of India, AIR 1962 SC 305

[5] Memorandum submitted by IJU and APUWJ on April 12, 2009 brought to the notice of Mr. I V Subbarao, Chief Election Officer of Andhra Pradesh.

[6] News Report ‘IJU and APUWJ Complain against local press’, The Hindu, April 13, 2009

[7] News Report ‘IJU and APUWJ Complain against local press’, The Hindu, April 13, 2009

[8] Hyderabad chapter of the Network of Women in Media, India represented to the Chief Election Officer Andhra Pradesh on May 3, 2009

[9] Mr P Kodanda Rama Rao’s  memorandum dated 12.5.2009 to Chairman Press Council of India

[10] Section 171 G IPC

[11] Section 123 (4) of the Representation of People’s Act.

[12] Section 77 of Representation of People Act, 1951 and other related provisions.

[13] Chapter 1 of the code by Advertisement Standards Council of India

[14] The Press Council of India’s Code. Rule No. 5

[15] The Press Council of India’s Code. Rule No. 6

[16] The Press Council of India’s Code. Rule No. 7

[17] Advertisement code of Press Council of India

[18] The Press Council of India’s Code. Rule No. 10

IV. Civil Society as Watchdog over Political Lapdogs

In fact, it was false propaganda for a price. It was not news sold but falsity spread as part of package deal. As any contract for illegal purpose is not valid these misleading or disinformation campaigns could not be treated as a legal contract at all. This practice is:

a)      an illegal contract for a wrongful objective,

b)      a crime of disinformation campaign,

c)      a crime of violating Section 127 (a) & (c) of RP Act

d)      a crime of undue influence under Section 171 C and 171F of IPC

e)      a corrupt practice under section 123 of RP Act, 1951

f)       a ground for declaring an election as void under section 100 of RP Act

g)      a reason for disqualifying the candidate from contesting election

h)      a reason for disqualifying the candidate from voting

i)        a violation of code of conduct of Press Council of India

j)        a violation of code of conduct of Advertisement Standards Council of India

k)      a violation of Cable Television Network Regulation Rules

l)        an unjust enrichment

m)    a gross professional misconduct

All the newspapers must be given some time to voluntarily disclose as to how much of money they made and what is the amount of space they sold to the political party. They have to account for that money and pay income tax and declare before the Chief Election Officer or District Magistrate that such money is paid by so and so candidate so that it is included in the expenditure account of that candidate.

Every District Magistrate in his capacity as Returning officer or District Election Officer has to issue a notice to each newspaper and contested candidate to furnish details of the sale and purchase of news columns and also submit the copies of the publication for verification of falsity or other wise of the reports and their influence on the voters. If the influence is adverse and would materially affect the result, necessary action should be taken.

The Chairman, Press Council of India, Justice G N Ray has declared an inquiry into these unethical practices of media during the 2009 General Elections. Besides, it is the responsibility of the Election Commission of India to curb this undue influence perpetuated by the Political Parties and candidates through the Media because it is their responsibility to facilitate free and fair poll. It is not just the case of unethical practice, but a crime of false reporting, undue influence, and corrupt practice, poll crimes for which both journalists and the politicians must be prosecuted.

During the debate on 13^th May 2009 at Hyderabad, some of the politicians who narrated their difficulties at the hands of the media, suggested to make a comprehensive legislation to impose ‘reasonable restrictions’ on the media to curb the misuse of the freedom. It is true that some of the newspapers under the control of political parties have black mailed the candidates using the power of the publicity. Even if it is assumed that some of the present media organizations have institutionalized the selling of space through its election related advertisement department to make targeted money, it does not mean that the people of India have misused their freedom. In fact, there is enough law in India to deal with such crimes as mentioned above, and thus there is no need to restrict the freedom of speech and expression under Article 19(1)(a).  Instead of performing function of watch dog, that media which became lapdog of political parties are running a disinformation campaign. The civil society should raise its voice against these practices which violated their right to know. The so called Fourth Estate now needs to be checked by the Fifth Estate, the civil society.