Curbing “paid news” using extant legal provisions: Dr Madabhushi Sridhar’s suggestions Speaking to the Press Council of India on February 10, 2010, in Hyderabad, Director of the Centre for Media Law and Policy, Hyderabad, of the National Academy of Legal Studies and Research (NALSAR), Dr Madabhushi Sridhar, said the paid news phenomenon represents a fatal combination of three Ms, namely, the media, money and mafia, that has subverted free and fair elections. He said that earlier, politicians used to hire musclemen with huge amounts of money and train them in booth rigging. Now…candidates are training media pens instead of mafia guns to rig the minds of people with constant opinion bombarding, he stated. When the Press Council of India asked Maharasthra Chief Minister Shri Ashok Chavan to answer allegations relating to paid news items that were published about him, he reportedly stated that the appropriate forum to respond to is a court of law where election petitions are heard. This implies that unless the allegations are meticulously proved, it is almost impossible to handle paid news offenders, who might by that time, reap the benefits of getting into positions of power. After declaring candidates elected, the only remedy before a losing candidate is to challenge the validity of the election… But, this legal procedure is time consuming. By the time, the courts verdict reaches a final stage and assuming that the allegations of the complainant are upheld and conviction is confirmed, the winning candidate would have served much of his term before justice is delivered to losing candidate. Dr Sridhar argues that undue influence by the media to curb free exercise of electoral rights is an election crime under Section 171C of Indian Penal Code as well as the Representation of the People Act, 1951. The punishment for the offence of undue influence is prescribed under Section 171F of IPC, which says punishment of imprisonment up to one year or fine or both could be imposed. In both laws, whereas the first part is a general definition which could include any attempt to unduly influence, the subsections in both laws provide examples of undue influence but these are not limited to these examples only. Subsection (2) of Section 171F of the IPC starts by stating without prejudice to the generality of the provisions of subsection (1) and this means that any undue influence not contemplated by this law might also be offensive. This could include the medias interference through paid news, argues Dr Sridhar. Voters can be influenced with statements of the good deeds of the candidates and their achievements, but these should not be undue and become tantamount to abuse of influence (Bachan Singh versus Prithvi Singh, AIR, 1975, SC 926). The Supreme Court said (Shiv Kripal Singh versus V.V. Giri, AIR, 1970, SC 2097) that what amounts to interference with the exercise of an electoral right is tyranny over the mind. In case the expenditure on paid news together with other expenditures incurred by a candidate exceeds the prescribed limits laid down in the Conduct of Election Rules, Section 77 of the Representation of the People Act would have been violated. Dr Sridhar points out that every District Magistrate in his capacity as Returning officer or District Election Officer has the power to issue a notice to each newspaper and candidate to furnish details relating to the sale or purchase of news columns and also submit copies of publication to verify whether the reports therein are false or not or cause undue influence that could materially affect outcome of the election. He believes that while existing legal provisions are adequate to punish offenders, the provisions of the IPC could be amended to enhance the quantum of punishment and fine for electoral offences. After a complaint is received and a press clipping provided alleging publication of paid news, it should be presumed that the company or individual against whom such an allegation has been made is guilty and the burden should shift to the accused to prove his or her innocence. If the content of the paid news item is excessively tendentious or exaggerated, the presumption of liability should go up. Dr Sridhar argues, adding that over and above the suggestions outlined, the Press Council of India should shape public opinion and make more people aware of the implications of the pernicious practice of paid news. Shri S.N. Sinha, member, Press Council, argued that the Working Journalists Act needed to be strengthened to improve working conditions and conditions of job security for journalists and that the contract system should be done away with. He has also called for the restoration of the autonomy and the primacy of the editor as the sole decision-maker in selecting news. In a communication to the sub-committee, Shri Sinha suggested that the Election Commission should expeditiously scrutinise all complaints received by it of incidents and occurrences of paid news and transfer to the Press Council all cases in which a prima facie case of offence is made out. He further suggested that the Press Council be empowered to adjudicate all such cases and be conferred the power to impose penalties, including the suspension of publication/broadcasting by errant media companies up to one year. The Council, he has suggested, should be entrusted the task of sending copies of its judgements to the Election Commission for appropriate action against the candidate or the political party concerned. He has further argued that the Press Council should be converted into a Media Council with adequate powers to oversee and regulate the working of the electronic media along with the print medium
Posted on: Mon, 20 Jan 2014 01:52:04 +0000
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