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ROLE OF MEDIA IN
COMBATTING CORRUPTION
: AN ANALYSIS
MEDIA LAW
“
”
“ONE OF THE OBJECTS OF A NEWSPAPER
IS
TO UNDERSTAND THE POPULAR FEELING
AND GIVE EXPRESSION TO IT,
ANOTHER IS TO AROUSE AMONG THE
PEOPLE CERTAIN DESIRABLE
SENTIMENTS,
AND THE THIRD IS THE FEARLESSNESS TO
EXPOSE POPULAR DEFECTS.”
As said by Mahatma Gandhi
HOWEVER WE THE PEOPLE OF INDIA ALSO
DO NOT RAISE OUR VOICE AGAINST
CORRUPT PRACTICES BECAUSE OF TWO
REASONS
It benefits oneself One isnt affected
directly.
OVERVIEW
India being a parliamentary democracy, press is although subject to reasonable restrictions by
Constitution of India, 1950.
A-19(1)(a) prescribes freedom of speech and expression. Media has derived its freedom under
the same not separately.
Prior to globalization media was controlled by government. But after advent of globalization and
liberalization situation changed drastically.
PHASES
1) National media
2) Communication satellites
3) Satelite delivery and ISDN ( Integrated Service Digital Network).
4) Local tv & global tv.
5) Digital plateform : Netflix, amazon prime etc.
INSTITUTIONAL MEASURES TO DEAL WITH
CORRUPTION IN INDIA
SUPREME COURT
CAG
FUGITIVE ECONOMIC
OFFERNDERS ACT 2018
CVC
PREVENTION OF MONEY
LAUNDERING ACT 2002
CIC
RTI 2005
NFRA( Financial reporting
authority)
LOKPAL & LOKAYUKT
PRESS
INFORMATION
BUREAU
CENTRAL BOARD OF FILM
CERTIFICATION
ELECTRONIC MEDIA
MONITORING CENTER
BUREAU OF
OUTREACH AND
COMMUNICATION
FILMS DIVISION
NATIONAL FILM ARCHIVES OF
INDIA
PUBLICATION
DIVISION
DIRECTORATE OF FILM
FESTIVALS
NEW MEDIA WING
MAJOR ORGANISATION UNDER I & B MINISTRY
MEDIA FIGHTS CORRUPTIONS BY SEVERAL
WAYS LIKE,
1. INVESTIGATIVE
JOURNALISM
4. RTI
2. BY CONDUCTING
STING
OPERATIONS
5. OPINION POLLS
3. HOLDING PUBLIC
DEBATES
etc….
PROBLEMS
1 POOR PUBLIC
INSTITUTIONS
WEAK CHECKS &
BALANCES
2 NOT EXISTING
AUDITORS LACK OF
EFFICIENCY
3 HIGH BRIBERY &
EXTORTION
ATI GRAFT ACT WEAK
POOR IMPLEMETATIONS
Role of Media
Media inform, educate the
public on corruption, expose
corruption in government,
private sector and civil society
organizations
Investigative reporting by
media of corruption can be a
significant source of
information on corruption.
The Press Council was
reconstituted to maintain and
improve the standards of
newspapers and news
agencies in India. The Press
Council of India has
prescribed a Code of Conduct
for the print media. However,
no such code exists for the
electronic media.
BECAUSE OF MEDIA SEVERAL SCAMS HAVE
BEEN PUSHED INTO LIMELIGHT SUCH AS
1. 2G scam
2.COLGATE
Scam
3 VYAPAM
scam
4. MEHUL
CHAOUKSEY
Scam
4TH ARC : ETHICS IN GOVERNANCE
RECOMMENDATIONS
1 Protection to Whistle-blowers
Whistleblowers exposing false claims, fraud
or corruption should be protected by ensuring
Confidentiality, protection
from victimization in career, and other
administrative measures to prevent bodily
harm and harassment.
• The legislation should cover corporate
whistle-blowers unearthing fraud &
damage to public interest by acts or
omission or commission.
• Acts of harassment or victimization of or
retaliation against, a whistleblower should be
criminal offences with substantial penalty
2. Role of Media
(a) It is necessary to evolve norms and
practices requiring proper screening of all
allegations/ complaints by the media, and
taking action to put them in the public
domain.
(b) The electronic media should evolve a Code
of Conduct and a self regulating mechanism in
order to adhere to a Code of Conduct as a
safeguard against malafide action.
(c) Government agencies can help the media in
the fight against corruption by disclosing
details about corruption cases regularly.
THE TRANSPARENCY
INTERNATIONAL COMMUNITY
CONDUCTED SURVEY RANK 1 OUT OF 16
COUTRIES PRONE TO CORRUPTION.
CORRUPTION PERCEPTIONS INDEX (CPI)
IN 2018 INDIA STAND 78TH OUT OF 180
COUNTRIES AS FAR AS CORRUPTION IS
CONCERNED AS PER TRANSPARENCY
INTERNATIONAL’S
JAPAN 2 OUT OF 100 BRIBE. HERE 70 OUT OF 100
As per the Index and Analysis it seems corruption is the biggest
challenge with poverty, illiteracy, malnutrition, farmers suicide,
unemployment, lack of infrastructure, safety issues etc.
India’s acrimonious reality of corruption is because of want of
accountability and transparency on the part of Government.
Despite 2011 movement where citizens demanded that the government
take action against corruption and advocated for the passage of the
comprehensive Jan Lokpal Act, these efforts ultimately fizzled and fell
flat, with little to no movement on the ground to build the specialist anti-
corruption infrastructure required
FRAMEWORK WRT
TO MEDIA AND
LEVEL OF
CORRUPTION IN
INDIA
SOCIAL AUDIT.
PROMOTING
TRANSPARENCY
CODE OF
CONDUCT AND A
SELF
REGULATING
MECHANISM
BUILDING
SOCIETAL
CONSENSUS
WORLD BANK HAS
DESCRIBED
CORRUPTION AS AN
ABUSE OF
ADMINISTRATIVE OR
PUBLIC POWERS TO
ACHIEVE PERSONAL
GAINS.
PROPOSED:
The Ministry of Information and Broadcasting has prepared a draft Broadcasting Services
Regulation Bill which proposes to set up a Broadcasting Regulatory Authority of India
(BRAI) with both licensing and oversight functions covering the electronic media.
While complimenting the government for setting up the Broadcasting Regulatory
Authority of India (BRAI) in the proposed Broadcasting Services Regulation Bill to
strengthen the growth and development of media in India, Assocham has suggested that
the BRAI should work as an independent autonomous body and not be regulated by the
government.
self-regulatory mechanism to ensure observance of a liberal Content Code.
There has also been a proposal for the formation of a Media Commission. The
Commission is not going into the details of these proposals. The Commission is of the view
that since the electronic media plays a role as important as the one played by the print
media, there is need to have a code for the electronic media covering different aspects of
its functioning.
RTI
For a vibrant democracy it is important that
its citizens are well informed.
In India Right to Information (RTI) is an anti-
corruption weapon passed in the year 2005.
It is a process to secure access to the
information and upholds transparency and
accountability in governance. The Act strikes
at the practice followed by government and
public functionaries that ‘confidentiality is the
rule and disclosure is an exception’. The Act
aims to ensure openness in functioning and
transparency at all levels, centre, state and
local bodies.
.
Chayan Sarkar who wrote about corruption
for a Bengali-daily has been reported
missing
Shehla Masood RTI activist shot dead
during day’s light
VYAPAM Akshay Singh, an investigative
journalist, died a mysterious death
Dayanand Roy of Prabhat Khabar Institute
of Media Studies filed RTI application and
got the matter exposed.
It was revealed that the revenue collected
in 2001-02 was Rs.16 crores that went
down by ten times in the next years.
Sandeep Kothari was murdered in Madhya
Pradesh who exposed mining mafia.
ANALYSIS
ACCORDING TO THE PRESS COUNCIL
OF INDIA (PCI), 79 JOURNALISTS WERE
MURDERED IN THE COUNTRY THE PAST
25 YEARS.
SC HAS RIGHTLY ASKED THE
PRESS COUNCIL OF INDIA TO
SUGGEST GUIDELINES FOR
JOURNALISTS’ SAFETY.
ACCORDING TO INTERNATIONAL NEWS
SAFETY INSTITUTE. OUT OF 134
JOURNALISTS AROUND 100 DEAD
WERE INVESTIGATING AGAINST CRIME
AND CORRUPTION.
WHISTLEBLOWER PROTECTION
ACT 2014 NOT YET
IMPLEMENTED FOR
JOURNALISTS REVEALING
SCAMS.
It also voices the
opinion of common man
by conducting various
discussions over news
channel, publishing
several articles, editorial
The right to
information
enables the citizen
to gather
information about
the functioning of
government
Good governance
facilitates the
government in
working efficiently,
effectively and
transparently
Direct nexus between right to
information, informed citizen and
good and corruption free nation..
MEDIA
RECOMMENDATIONS
Print media should reflect the voice of
a common man against corruption
and raise awareness about their
rights so that public can take action
against corrupt people.
People by not accepting bribes and
inappropriate hospitality which is in
favour of national interest.
Investigative journalism should be
encouraged given with the resources
. Strategy to train and develop
investigative journalists should be
undertaken to fight corruption.
Need stronger laws to restrict corrupt
practices like Jan lokpal, created but
toothless institute. ombudsman, right
to recall, right to reject, referendums
on core issues, fast track courts
where media is involved as one of
the parties.
.
STEPS TAKEN
ADB-OECD
INDIA EDORSED ANTI
CORRUPTION ACTION PLAN
UNCAC
UNITED CONVENTION AGAINST
CORRUPTION
UNCTOC
UNITED TRANSNATIONAL
ORGANISED CRIMES
THANK YOU !

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Role of Media in Combatting Corruption: An Analysis of Laws and Framework in India

  • 1. ROLE OF MEDIA IN COMBATTING CORRUPTION : AN ANALYSIS MEDIA LAW
  • 2. “ ” “ONE OF THE OBJECTS OF A NEWSPAPER IS TO UNDERSTAND THE POPULAR FEELING AND GIVE EXPRESSION TO IT, ANOTHER IS TO AROUSE AMONG THE PEOPLE CERTAIN DESIRABLE SENTIMENTS, AND THE THIRD IS THE FEARLESSNESS TO EXPOSE POPULAR DEFECTS.” As said by Mahatma Gandhi
  • 3. HOWEVER WE THE PEOPLE OF INDIA ALSO DO NOT RAISE OUR VOICE AGAINST CORRUPT PRACTICES BECAUSE OF TWO REASONS It benefits oneself One isnt affected directly.
  • 4. OVERVIEW India being a parliamentary democracy, press is although subject to reasonable restrictions by Constitution of India, 1950. A-19(1)(a) prescribes freedom of speech and expression. Media has derived its freedom under the same not separately. Prior to globalization media was controlled by government. But after advent of globalization and liberalization situation changed drastically. PHASES 1) National media 2) Communication satellites 3) Satelite delivery and ISDN ( Integrated Service Digital Network). 4) Local tv & global tv. 5) Digital plateform : Netflix, amazon prime etc.
  • 5. INSTITUTIONAL MEASURES TO DEAL WITH CORRUPTION IN INDIA SUPREME COURT CAG FUGITIVE ECONOMIC OFFERNDERS ACT 2018 CVC PREVENTION OF MONEY LAUNDERING ACT 2002 CIC RTI 2005 NFRA( Financial reporting authority) LOKPAL & LOKAYUKT
  • 6. PRESS INFORMATION BUREAU CENTRAL BOARD OF FILM CERTIFICATION ELECTRONIC MEDIA MONITORING CENTER BUREAU OF OUTREACH AND COMMUNICATION FILMS DIVISION NATIONAL FILM ARCHIVES OF INDIA PUBLICATION DIVISION DIRECTORATE OF FILM FESTIVALS NEW MEDIA WING MAJOR ORGANISATION UNDER I & B MINISTRY
  • 7. MEDIA FIGHTS CORRUPTIONS BY SEVERAL WAYS LIKE, 1. INVESTIGATIVE JOURNALISM 4. RTI 2. BY CONDUCTING STING OPERATIONS 5. OPINION POLLS 3. HOLDING PUBLIC DEBATES etc….
  • 8. PROBLEMS 1 POOR PUBLIC INSTITUTIONS WEAK CHECKS & BALANCES 2 NOT EXISTING AUDITORS LACK OF EFFICIENCY 3 HIGH BRIBERY & EXTORTION ATI GRAFT ACT WEAK POOR IMPLEMETATIONS
  • 9. Role of Media Media inform, educate the public on corruption, expose corruption in government, private sector and civil society organizations Investigative reporting by media of corruption can be a significant source of information on corruption. The Press Council was reconstituted to maintain and improve the standards of newspapers and news agencies in India. The Press Council of India has prescribed a Code of Conduct for the print media. However, no such code exists for the electronic media.
  • 10. BECAUSE OF MEDIA SEVERAL SCAMS HAVE BEEN PUSHED INTO LIMELIGHT SUCH AS 1. 2G scam 2.COLGATE Scam 3 VYAPAM scam 4. MEHUL CHAOUKSEY Scam
  • 11. 4TH ARC : ETHICS IN GOVERNANCE RECOMMENDATIONS 1 Protection to Whistle-blowers Whistleblowers exposing false claims, fraud or corruption should be protected by ensuring Confidentiality, protection from victimization in career, and other administrative measures to prevent bodily harm and harassment. • The legislation should cover corporate whistle-blowers unearthing fraud & damage to public interest by acts or omission or commission. • Acts of harassment or victimization of or retaliation against, a whistleblower should be criminal offences with substantial penalty 2. Role of Media (a) It is necessary to evolve norms and practices requiring proper screening of all allegations/ complaints by the media, and taking action to put them in the public domain. (b) The electronic media should evolve a Code of Conduct and a self regulating mechanism in order to adhere to a Code of Conduct as a safeguard against malafide action. (c) Government agencies can help the media in the fight against corruption by disclosing details about corruption cases regularly.
  • 12. THE TRANSPARENCY INTERNATIONAL COMMUNITY CONDUCTED SURVEY RANK 1 OUT OF 16 COUTRIES PRONE TO CORRUPTION. CORRUPTION PERCEPTIONS INDEX (CPI) IN 2018 INDIA STAND 78TH OUT OF 180 COUNTRIES AS FAR AS CORRUPTION IS CONCERNED AS PER TRANSPARENCY INTERNATIONAL’S JAPAN 2 OUT OF 100 BRIBE. HERE 70 OUT OF 100 As per the Index and Analysis it seems corruption is the biggest challenge with poverty, illiteracy, malnutrition, farmers suicide, unemployment, lack of infrastructure, safety issues etc. India’s acrimonious reality of corruption is because of want of accountability and transparency on the part of Government. Despite 2011 movement where citizens demanded that the government take action against corruption and advocated for the passage of the comprehensive Jan Lokpal Act, these efforts ultimately fizzled and fell flat, with little to no movement on the ground to build the specialist anti- corruption infrastructure required
  • 13. FRAMEWORK WRT TO MEDIA AND LEVEL OF CORRUPTION IN INDIA SOCIAL AUDIT. PROMOTING TRANSPARENCY CODE OF CONDUCT AND A SELF REGULATING MECHANISM BUILDING SOCIETAL CONSENSUS WORLD BANK HAS DESCRIBED CORRUPTION AS AN ABUSE OF ADMINISTRATIVE OR PUBLIC POWERS TO ACHIEVE PERSONAL GAINS.
  • 14. PROPOSED: The Ministry of Information and Broadcasting has prepared a draft Broadcasting Services Regulation Bill which proposes to set up a Broadcasting Regulatory Authority of India (BRAI) with both licensing and oversight functions covering the electronic media. While complimenting the government for setting up the Broadcasting Regulatory Authority of India (BRAI) in the proposed Broadcasting Services Regulation Bill to strengthen the growth and development of media in India, Assocham has suggested that the BRAI should work as an independent autonomous body and not be regulated by the government. self-regulatory mechanism to ensure observance of a liberal Content Code. There has also been a proposal for the formation of a Media Commission. The Commission is not going into the details of these proposals. The Commission is of the view that since the electronic media plays a role as important as the one played by the print media, there is need to have a code for the electronic media covering different aspects of its functioning.
  • 15. RTI For a vibrant democracy it is important that its citizens are well informed. In India Right to Information (RTI) is an anti- corruption weapon passed in the year 2005. It is a process to secure access to the information and upholds transparency and accountability in governance. The Act strikes at the practice followed by government and public functionaries that ‘confidentiality is the rule and disclosure is an exception’. The Act aims to ensure openness in functioning and transparency at all levels, centre, state and local bodies. .
  • 16. Chayan Sarkar who wrote about corruption for a Bengali-daily has been reported missing Shehla Masood RTI activist shot dead during day’s light VYAPAM Akshay Singh, an investigative journalist, died a mysterious death Dayanand Roy of Prabhat Khabar Institute of Media Studies filed RTI application and got the matter exposed. It was revealed that the revenue collected in 2001-02 was Rs.16 crores that went down by ten times in the next years. Sandeep Kothari was murdered in Madhya Pradesh who exposed mining mafia.
  • 17. ANALYSIS ACCORDING TO THE PRESS COUNCIL OF INDIA (PCI), 79 JOURNALISTS WERE MURDERED IN THE COUNTRY THE PAST 25 YEARS. SC HAS RIGHTLY ASKED THE PRESS COUNCIL OF INDIA TO SUGGEST GUIDELINES FOR JOURNALISTS’ SAFETY. ACCORDING TO INTERNATIONAL NEWS SAFETY INSTITUTE. OUT OF 134 JOURNALISTS AROUND 100 DEAD WERE INVESTIGATING AGAINST CRIME AND CORRUPTION. WHISTLEBLOWER PROTECTION ACT 2014 NOT YET IMPLEMENTED FOR JOURNALISTS REVEALING SCAMS.
  • 18. It also voices the opinion of common man by conducting various discussions over news channel, publishing several articles, editorial The right to information enables the citizen to gather information about the functioning of government Good governance facilitates the government in working efficiently, effectively and transparently Direct nexus between right to information, informed citizen and good and corruption free nation.. MEDIA
  • 19. RECOMMENDATIONS Print media should reflect the voice of a common man against corruption and raise awareness about their rights so that public can take action against corrupt people. People by not accepting bribes and inappropriate hospitality which is in favour of national interest. Investigative journalism should be encouraged given with the resources . Strategy to train and develop investigative journalists should be undertaken to fight corruption. Need stronger laws to restrict corrupt practices like Jan lokpal, created but toothless institute. ombudsman, right to recall, right to reject, referendums on core issues, fast track courts where media is involved as one of the parties. .
  • 20. STEPS TAKEN ADB-OECD INDIA EDORSED ANTI CORRUPTION ACTION PLAN UNCAC UNITED CONVENTION AGAINST CORRUPTION UNCTOC UNITED TRANSNATIONAL ORGANISED CRIMES