A Logical and fact-based analysis of the reasons of growing distrust of Indian Media in general, the television news media in particular, the issues that plague it, and the way forward.

1. Is Indian Media Misusing It’s
FREEDOM OF EXPRESSION!
A LOGICAL AND CRITICAL ANALYSIS OF THE
PRESENT STATE OF AFFAIRS, THE REASON BEHIND
THEM, AND THE WAY AHEAD
27th May 2017
-By Prakhar Jain

2. WHO CONSTITUTE
INDIAN MEDIA?
• Media of India consist of several
different types of communications
media:
• television,
• radio,
• cinema,
• newspapers,
• magazines, and
• Internet-based Web sites
• The most Influential ones are the
Television and the Print Media, and,
the Internet media plays savior

3. Freedom of Expression – The origin of this right
• The Constitution of India provides the right of freedom, given in
articles 19, 20, 21 and 22, with the view of guaranteeing individual
rights that were considered vital by the framers of the constitution.
• The right to freedom in Article 19 guarantees the Freedom of
speech and expression, as one of its six freedoms.
• Another important clarification here is that, the constitution of
India does not specifically mention the freedom of press. Freedom
of press is implied from the Article 19 of the Constitution.

4. Restrictions to Freedom of Expression
• Article 19(2) of the Constitution.
• Government may make law to restrict Freedom of Expression, if the
it thinks that it is necessary-
• In the interests of the sovereignty and integrity of India
• The security of the State
• Friendly relations with foreign States
• Public order, decency or morality
• Or in relation to contempt of court, defamation or incitement to an offence

5. I&B Ministry’s token ban on NDTV India
• An Inter-ministerial committee
(IMC) of the Information and
Broadcasting ministry
• During the Coverage of Pathankot
Attacks
• Noted with “grave concern” -
channel had “revealed sensitive
details like
• location of ammunition depot
• the place where terrorists were held up
• location of school and residential areas

6. Indian media 2nd least trusted
among the world media
• According to an online TRUST
survey by “Edelman”, though the
trust has improved over the
years, it is still the 2nd most
untrusted in the world
• There is a visible distrust even in
social media
• A number of websites have come
up, that debunk mainstream
media lies/ fake news on a
regular basis

7. THERE IS THIS WEBSITE
CALLED “OPINDIA.COM”,
WHICH HAS A COMPLETE
LIST OF VARIOUS
INSTANCES WHEN THE
MEDIA “LIED” TO US
Just the fact that such a
list exists, is proof of the
fact that media is
definitely not in the right
track

8. Another Issue – Media Trial influenced courts
• Sensational journalism is a
reality of Media industry, for
the sake of TRP explicit
details of the sexual offence
are divulged in public domain
which results in impinging of
victim’s Right to privacy or
unfair denunciation of an
alleged assailant as was the
case in Nirbhaya Case
• Even Delhi HC judge agreed
that media trials indeed
influences Judges and puts
pressure on them

9. The Sheena Bohra Murder case
• With the case of Sheena Bohra murder, the excruciating eyes of the
media have pierced the personal life of the main accused Indrani
Mukherjea which has kicked in a fresh debate on the issue of media
trial of the accused.
• Every aspect of her personal life and character which have nothing
to do legally with the investigation of the murder are under public
lens of scrutiny via the media.
• The ethics of journalism have been again in a controversial area due
to their prying eyes on the accused.

10. What’s the problem with Media Trials, and how its
actually a misuse of Freedom of Expression
• Through media trial, we have
started to create pressure on the
lawyers even — to not take up
cases of accused, thus trying to
force these accused to go to trial
without any defense.
• Trial by media has created a
“problem” because it involves
a tug of war between two
conflicting principles – free
press and free trial
• The “Right to Fair Trial”, i.e., a
trial uninfluenced by
extraneous pressures is
recognized as a basic tenet of
justice in India

11. Selective Coverage of Issues – Freedom of Expression?
• The Rural Urban divide
• The Delhi Factor
• Minority versus Majority
• More Negative News, less positive
news
• Left leaning tendencies
• Control by profit houses or people
with vested interests

12. Some Hilarious Indian Media
Fails and Lies
SOURCE: HTTP://WWW.DAILYMOSS.COM/FUNNY-
BLOOPERS-AND-LIES-MADE-BY-INDIAN-MEDIA/

13. India Today published this fake news as real breaking news

14. Where is Michelle OBAMA? Is she aware of this?

15. You cannot fool people so easily!

16. The Contest where everyone is No. 1

17. Overall Opinion – Lack of Accountability
• Any wrong news in newspaper, a small declaration at an unknown
place with no responsibility
• Paid news can’t be differentiated from real news
• Twisting of facts is unprovable, hence media gets away (SC Judge –
Daughter Liability Case)
• Lack of regulation, due to fear of outrage
• But people are increasingly getting alert and switching to more
accountable options

18. Why things will counter-balance over time
• The Existence of Freedom of Expression
implies that new alternatives will always
come up, and as people get more
aware, media houses would be forced
to either introspect and remove biased/
fake news and other malpractices or
perish
• The emergence of social media has a big
role to play in raising general awareness,
and bringing about an information
revolution

19. Concluding Remarks
• THERE IS A CERTAIN DEGREE OF MISUSE OF
FREEDOM OF EXPRESSION BY THE INDIAN MEDIA
• THE IMPROVEMENT WILL AUTOMATICALLY
OCCUR AS PEOPLE BECOME MORE AWARE AND
INFORMED