Role of Media in Protection of Human rights

Media has a vital role to play in the protection of Human Rights and has been playing this role throughout in every corner of the world. It is the responsibility of the media that it should bring the cases of violation of Human Rights to the notice of the Government and also to public at large. But at the time of doing it, the media must take it into account that the way it reports the matter must have no adverse effect as the greatest influence on the societal harmony and at the same time reporting must also be objective.1 Access to information is essential to the health of democracy. The rule of law may be further institutionalized by support for an independent media that keeps a check on the judiciary, reports on the courts, and promotes a legal enabling environment suitable for press freedom. The public interest is defined as representing a plurality of voices both through a greater number of outlets and through the diversity of views and voices. The press and the media have been recognised as the greatest influencing factors. The power with them carries with it an obligation to act with responsibility and creativity.2 Communication needs in a democratic society should be met by the extension of specific rights such as the right to be informed, the right to inform, the right to primary, the right to participate in public communications, the right to communicate, etc. In today’s free world freedom of press is the heart of social and political intercourse. The press has now assumed the role of the public educator making formal and non-formal education possible in large scale particularly in the developing world, where television and other kind of modern communication are not still available for all sections of society.3  The freedom of the press is therefore a necessary concomitant of the freedom of expression which involves a right to receive and impart information, without which democracy becomes an empty slogan.The prime purpose of the free press guarantee is regarded as creating a fourth institution outside the Government as an additional check on the three official branches-executive, legislative and judiciary.4  Role of Media The role of the media is that of a responsible citizen. What a responsible citizen is expected to do, when he sees a violation of the human rights, the media should respond in similar ways. Human rights issues are pushed to corner more interesting as selling news breaks. But media take advantage, if the news is hot and allows sensationalizing. Media is sensitive towards Human Rights. Any violation is highlighted, glorified, sensationalized and looks as though media enjoys reporting gross violations of human rights common examples of Human Rights violation reported in media, human trafficking, child abuse, sexual harassment, atrocities by the police, atrocities on dalits and other weaker sections, discriminations on the basis of race, colour, sex, language, religion, political as other opinion, national or social origin property, birth or other status. Journalists should see Lakshman Rekha, while reporting human rights violations. Their responsibility is to inform the public and not to sensationalize the issue.5  The amended Article 19(2) contains the following grounds on which reasonable restrictions can be placed on the freedom of speech.  Sovereignty and integrity of India Security of the State Friendly relations with foreign States Public order Decency and morality Contempt of court Defamation Incitement to an offence While using right to speech certain restrictions has to kept in mind, while exercising much rights the Supreme Court said that the press know its lakshman rekha and they cannot go beyond a particular limit. They mentioned about the role performed by the media in highlighting the high profile case.6 In case, the media has due regard for the freedom of speech and expression as enshrined in Article 19 of Constitution and discharges its responsibility impartially and objectively, which is the greatest asset of the responsible media and which has ascended the modern media to its top, it will get strengthened day-to-day and demand more and more respect in the days to come.7 Unlike the American Constitution, Article 19(1) does not specifically or separately provide for liberty of the press. The omission was explained by Dr. B.R. Ambedkar, when he observed:  The press has no special rights, which are not to be given or which are not to be exercised by the citizen in his individual capacity. The editor of the press or the manager is merely exercising the right of the expression and therefore no special mention is necessary of the freedom of the press.8   It is now settled law that the right to freedom of speech and expression in Article 19(1)(a) includes the liberty of press.9 Few are the points which represent the role of media in protecting the human rights of people.  Human rights issues are more newsworthy than in the past. Now media is more active and alert on the issues of human rights. On a global scale, State control over media has decreased over the past two decades. Because media acts like a master who checks over the abuse. There are more organizations that promote human rights and feed the media with information. Media is like an awareness creator among general masses. There are more human rights “watchdogs” that investigate human rights abuses and publish their findings. The UN’s monitoring system is more visible. At global level role and importance of media is well known. More issues are framed as human rights issues: children’s issues, HIV/AIDS, sexual and reproductive health, aging, poverty, and housing. From Government to anti social elements, news is at our door steps due to media. More Governments have integrated with human rights into policies and laws. Political parties take more account of human rights; human rights are discussed during elections. Increasing use of the Internet, mobile phones, and social networking platforms like Twitter and Facebook means there are more ways to receive information, more sources and more alerts. Technology and social networks are also creating new ways to report human rights violations. Some international media networks, like the BBC and CNN, now employ people living in developing countries as journalists and stringers. This helps bring local stories to international audiences.10 Power of Media According to Lord Denning, “The freedom of the press is extolled as one of the great bulwarks of liberty. It is entrenched in the constitution of the world. But it is often misunderstood….. It does not mean that or to break a confidence or to pollute the course of justice or to do anything unlawful.”  In the words of Blackstone, “The liberty of the press….. Consists in laying no previous restraints upon publication and not in freedom from censure for criminal matters when published.”11  Media‘s strength is visible from our cup of tea with newspaper. One thing pertinent to mention here is that the media including print media, which cater the news, is the ultimate source of knowledge. Otherwise we don’t have wider knowledge about all spheres of life. Area of information would be narrow in the absence of media. But if media is fourth pillar of democracy, it has to work with care and caution, because every concept has its negative and positive consequences. The press and alter media have played the role of a “Social Scientist” “critic”, evaluator of plans and schemes by provoking ideas and thoughts helped the poor and weaker sections to have access to justice and in the matter of correcting arbitrary and capricious power of the executive and by various institutions charged with the responsibility of dispensation of social justice. The power of the press reflected through “public opinion” enables the victory of opinion over armed forces of the Government. It has served as a main source of information, discussion, and advocacy to reach the public. In fact, it is the newspaper which people read every day and may be considered as the only book that is daily read by the people.12  Human rights are rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India. For this media has to be a powerful instrument to create awareness and to build pressure for positive actions.13  Article 19(1)(a) of the Constitution of India guarantees every citizen of India the right to freedom of speech and expression. Which means the right to express one’s opinion by words of mouth, writing, printing, and picture or in any other manner? It would thus include the freedom of communication and the right to propagate or publish option. The communication of ideas could be made through any medium, namely newspaper, magazine or movies. Freedom of press has been placed on higher footing than other enterprises. Freedom of press is the heart of social and political intercourse. This expression means freedom from interference from authority, which would have the effect of interference with the content and circulation of newspapers. But freedom carries certain restrictions, which cannot be ignored even by media.14 The freedom of press is basically the freedom of the individuals to express themselves through the medium of the press. This implies that the freedom of press is not superior to that of an individual. In fact this freedom is fundamental of the life of an individual.15 The right of citizen to exhibit films on the Doordarshan subject to the terms and conditions to be imposed by the Doordarshan is a part of the fundamental right of freedom of expression guaranteed under circumstances which are set out in clause (2) of Article 19 of the Constitution of India. The right is similar to the right of a citizen to publish his views through other media such as newspapers, magazines, advertisement hoarding etc. subject to the terms and conditions of the owners of the media.16  Services by Media Legal literacy is a pre-condition to maintain the rule of law. The media has been rendering significant service to educate the people about the laws, their rights and benefits flowing out of the various schemes and measures programmes such as “know your right”, “Law for laymen”, serials and cinemas featuring on legal concepts apart from being education, created legal awareness.17 Globalization and economic liberalization have further contributed to deteriorating negative attitude of the media towards the society. Global competition profit motive made the media forget about its social responsibility. Money ruled over morals instead it is busy transforming citizens into spectators by offering them entertainment, education, knowledge and information.18 The right to free expression, once the province of intellectuals, now becomes a matter of concern to all, who favour socio-economic advances like adequate education, social justice and access to news media, freedom of expression is no longer a political nicety, but a precondition for social competitiveness. Necessity is the mother of such commitment of a free and fearless media to secure the ends of social justice and liberty. The print and electronic media are essential element of democratic dialogue. They are participants and not referee in the realization of constitutional ideals and aspirations.19 The United Nations Educational Scientific and Cultural Organization (UNESCO) is required to play a role for print media development as mandated by its constitution “to promote the free flow of ideas by word and image”. Media refers to all those channels that carry news and public information. Freedom of expression is a fundamental right under the universal declaration of Human Rights and it underpins “democratic freedom such as the right to form political parties, share political ideas, every action of public officials and so on.20  Indian Constitution the freedom of press is un-enumerated right under freedom of speech and expression because freedom of the press is wider expression, which is guaranteed by Article 19(1)(g) freedom of expression means the freedom of express not only one’s own views, but also the views of others and by any other means including printing.21 It is common knowledge that media has brought many scandals at the national/international level on public scene. But the media while exposing someone must realize that the principle of rule of law is equally applicable to those who are involved in the scandal or who are reporting it. The media has been successfully exposing various politicians and the Governments for their activities involving violation of human rights. Thus the media persons are supposed to guard public interest by bringing fair the misdeeds, failings and lapses of the Government and all other organs of governance. This is the reason that the press has been described as the fourth estate.22 The media derives its rights from the right to freedom of speech and expression available to the citizen. Thus the media has the same rights no more and no less than any individual to write, publish, circulate or broadcast. The media enjoys no special immunity or elevated status compared to the citizen and it’s subject to the general laws of the land, including these relating to taxation. However in post independent India both the citizen owned media enjoy a constitutional guarantee of freedom of expression. Right of the press to conduct interviews is a limited right subject to the wiling consent of the person being interviewed. A number of cases have arisen where the right of the press to interview convicts or under trials has been examined.23 The press does not have an absolute as unrestricted right to information and there is no legal obligation and the part of citizens to supply that information. An interview may be conducted provided that the convict gives his consent to being interviewed.24 The Supreme Court reiterates the restricted scope of this right. The additional session’s Judge had granted the news magazine India Today blanket permission to interview Babloo Srivastava who was lodged in Tihar Jail. The Court held that undertrial could be interviewed and photographed only if he expressed his willingness. The interview had to be regulated by the provisions contained in the jail manuals and could be published in a manner that did not impair the administration of justice.25  Critical Evaluation of Role of Media The media while making any report regarding a matter involving Human Rights violation must keep in mind that they will be subject of the criticism. Some individual is presumed to be innocent till it is proved before the court that such a violation has really taken place. The media should not present anyone like a convict unless the accusation made against him is proved. An accused cannot be treated as a convict.26 There is unnecessary sensationa-lisation in rape cases, wherein the media try to dig into the victim’s sexual history. There are “rape shield statutes” in the United States, which prohibit disclosure of information about victim’s sexual history during trial and “victim rights statutes to privacy and claim heavy damages in case of violation of such rights. Though there are judicial guidelines modelled on the US pattern, and the documents which tend to undermine the dignity of women and children should be safeguarded from the media’s prying eyes.27 Here are few weak points of media, which exhibits the media at wrong footing.  Media confuse issues because journalists have an inadequate understanding of human rights: what they are, how they are created, Government’s responsibilities and how they are promoted and enforced. By not taking account of human rights, journalists miss stories or ways of reporting issues. This affects the quality of journalism and the public’s right to information. When journalists cover human rights issues, they present them as crime or politics stories rather than rights issues. They ignore the existence of international human rights standards for domestic violence, racial discrimination, treatment of migrants, child abuse, education, health, cultural freedoms and many other issues. This weakens media’s “watchdog” role, because journalists do not hold their Governments and other powerful institutions to account on these issues. Journalists present information without context or analysis. As a result, human rights violations seem to be isolated instances or new events even when they are only the latest in a history of similar violations. Media themselves sometimes perpetrate human rights abuses by invading privacy, perpetuating bias and stereotypes, not calling Governments to account, or deepening conflict.28 Now days some news channel shows favourtism to the ideology of one political party, which put question mark on the impartial duties performed by the media. The right of information is indisputably fundamental right, a fact of speech and expression” as contained in Article 19(1)(a). It has been said that in a Government of responsibility like ours, it is elementary that citizen ought to know what their Government is doing. It has also been said that exposure to public gaze and scrutiny is one of the surest means of achieving a clean and healthy administration liberty of the press as defined by Lord Mansfield in – “printing without previous licence subject to the consequences of law” the freedom of the press, thus means the right to print and publish what one pleases, without previous permission, imposition of pre-censorship on publication is, therefore violation of the freedom of the press, unless justified under clause (2) of Article 19.29  The American Press Commission has said freedom of the press is essential to potential liberty. When man cannot freely convey their thoughts to one another, no freedom cannot be secured. Freedom of expression exists in the beginning of a free society. The Indian Press Commission has also expressed a similar view. It says that Democracy can thrive not only under the vigilant eye of its legislature, but also under the care and guidance of public opinion and the press is par excellence.30 Despita the criticism that the media is not playing its rightful role and engaging himself in polities of the day to the neglect of portraying the good work done by all sectors concerned with the task of promoting social justice. The words freedom of speech and expression must construe to include the freedom to circulate one’s views by words of mouth or in writing or through audio visual instrumentalities. Every citizen of this free country therefore has the right to air his or her views through the printing and or the electronic media subject of course to permissible restrictions imposed under Article 19(2) of the Constitution.31  Initiatives of National Human Rights Commission for Protecting the Human Rights When individuals can address letters to Judges seeking justice to a helpless woman detained illegally or there is violation of law. There can be no impediment for media representative or profession test in writing a story in the newspaper columns drawing the attention of courts to serious infractions of law. In fact as noticed in many cases, this has been done for instance a story appearing in daily newspaper under the heading “sainik ki patni challis sal se pension ke liye bhatak rahi hai”. The Chief Justice of Rajasthan took cognizance of the report and was able to decree that she was entitled to concession and benefits which were to be given to a person’s family and directed the Government to pay the widow all the arrears of pension within one month and in default interest at the rate of 12% of the arrears.32 So it can be stated that media is contributing in providing justice to the people through their work, which represent their vital role in resolving the issues at certain extent. Here is the list of initiatives taken by Human Rights Commission:  The National Human Rights Commission may organize seminars or meetings with media persons at the Delhi, all State Capitals. This should not be a onetime effort. The NHRC should establish a strong and active publicity, public relations and publications set up, which should disseminate information. An annual exhibition of photographs on the subject of human rights may be organized and prizes awarded. The electronic and printing media should be requested and persuaded to elevate more time and space to matters concerning human rights. Media has to reflect and share the concern of the society and country on this important matter.  Conclusion In any case of violation of fundamental Human Rights is pending before the court, the media must try to go into its depth and try to procure as much information as it can through its investigating techniques and present the entire information before the public in an impartial manner. It may also criticize the judiciary of course without the permissible parameters.33 Media has largely become mass information rather than mass communication Media needs to communicate with the Governments, NGOs, human rights activists and the public the critical discourse of human rights and the violations. Media is increasingly getting concentrated in the hands of a few. While such a concentration will reduce media spaces for plural voices, they also make such voices look non- significant. Media has become an industry, and profit becomes a prio-rity.34 Therefore, it can be coined that media‘s impartial role is very important for democratic Government, because either to inform the public and Government about the grave violation of human rights or to alert the authorities to take the heed of people‘s problems, it is the media. Media can play active role in protecting the all types of human rights of people. Media may work without having influence of any political party, which can yield good results in present and future scenario.
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1. Muntaqim Khwaja, Protection of Human Rights: National & International Perspectives, Law Publishers (India) Pvt. Ltd., Allahabad, 2004, p.304.
2. Dr. Shobha Ram Sharma, ‘Judicial Activism of Media’, Nyaya Deep, Vol XI Issue 1, p. 47.
3. Justice Palak  Basu,  Law Relating to Protection of Human Rights Under the Constitution and Allied Laws, 2004,  p. 376.Â
4. New York Times v. Sullivan, 376 US 254;New York Times Company v. United States (1971) 403 US Â 713.
5. Dr. Nirajana Vanalli, Associate Professor of University of Mysore, Power Point Presentation on Human Rights and Media,accessed on 2012 November, 28.
6. “Media should know its Lakshman Rekha  say S.C”, Law Teller A legal awareness magazine, July 2012, p. 295.
7. A. Muntaqim, Khwaja, Protection of Human Rights :National and International Perspectives, Â Law Publishers, Allahabad, 2004, p.307.
8. Dr. Narinder Kumar, Constitutional Law of India, p. 229, Allahabad Law Agency, Delhi, 2008, p.229.
9. I.R. Coelho v. State of T.N. AIR 2007, SC 891.
10. Media, journalism and human rights,< http://www.speakupspeakout.internews.org/?q=section-2-concepts-skills-and-tools/media- journalism-and-human-rights> accessed on 7th August, 2016.
11. Durga Das Basu, Commentary On The Constitution of India, 8th Edition, Volume-2, Wadhwa and Company, Â New Delhi, 2007, Â pp.2560-61.
12. Dr. S.K. Awasthi and R.P. Kataria, Law Relating to Protection of Human Rights, Orient Publishing Company, New Delhi. 2007, p.605.
13. B.P. Singh Sehgal, Human Rights in India: Problems and Prospective, Deep & Deep Publications, New Delhi, 1999. P.206.
14. Justice Palak  Basu, Law Relating to Protection of Human Rights Under the Indian Constitution and Allied Laws, Modern Law Publication, New Delhi. 2004, p.377.
15. Justice Palak  Basu, p. 382
16. Odyssey Communications Pvt. Ltd. v. Lokvidayan Sanghatana, AIR 1988 SC 1642 at 1644.
17. Dr. S.K. Awasthi and R.P.Kataria, Law Relating to Protection of Human Rights, Orient Publishing Company, New Delhi, 2005, p.604
18. Anil K. Dixit, Press Laws and Media Ethics, Reference Press, New Delhi, 2006, p.5
19. A. Lakshmanth, S.P. Singh and Manibyam K. Sita, ‘Media, Law and the Civil Society’, The Indian Journal of Public Administration, Vol. LV  No. 2, 2009, p. 253.
20. Paramjit S. Sahai, ‘Media and Elections in India’, Man & Development Vol. XXXI No. 1, 2009, p. 35.
21. Bharinder Kaur, ‘Media and Rights of Women’, Punjab Journal of Politics, Vol. XXXI, 2007, p. 24
22. A. Muntaqim, Khwaja, Protection of Human Rights :National & International Perspectives, Â Law Publishers (India) Pvt. Ltd., Allahabad, 2004, p.304.
23. Divaan, Madhvi Garadia Divaan, Facets of India Law, Eastern Book Component Lucknow, 2006, pp.2-11.
24. Prabhu Dutt v. Union of India, AIR 1982 SC 6.
25. State v. Charulal Joshi, AIR 1999 SC 1379.
26. A. Muntaqim, Khwaja, Â Protection of Human Rights, Â Law Publishers, Allahabad, 2004, p.305.
27. Dr. Shobha Ram Sharma, ‘Judicial Activism of Media’, Nyaya Deep, Vol XI Issue1, 2010, pp.51-52
28. Media, journalism and human rights< http://www.speakupspeakout.internews.org/?q=section-2-concepts-skills-and-tools/media-journalism-and-human-rights> accessed on 7th August, 2016.
29. Dr. Narinder Kumar, Â Constitutional Law of India, Â Allahabad Law Agency, Faridabad, .2008, p.230.
30. Dr. J.N. Pandey, Constitutional Law of India, Central Law Agency, Allahabad, 2004, p.174.
31. Dr. S.K. Awasthi and R.P. Kataria, Law Relating to the Protection of Human Rights, Orient Publishing Company, New Delhi, 2007, pp. 599-601.
32. Justice Palak Basu (2004). Law Relating to Protection of Human Rights under the Indian Constitution and Allied Laws, Modern Law Publication, Delhi, 2004, p.390.
33. A. Muntaqim, Khwaja, (2004). Protection of Human Rights: National and International Perspectives, Law Publishers (India) Pvt. Ltd., Allahabad, 2004, p.306.
34. Anil Pinto, ‘Human Rights and Media’, < http://www.academia.edu/1784974/Human_Rights_and_Media > accessed on 7th August, 2016.

Author Name: Dr. Harpreet Kaur