MJM-025 Media Ethics & Laws
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MJM-025 Media Ethics & Laws Indira Gandhi National Open University School of Journalism and New Media Studies Block 1 MEDIA ETHICS UNIT 1 Principles of Media Ethics 7 UNIT 2 News Media and Ethical Concerns 20 UNIT 3 Media Ethics and Self Regulation 32 UNIT 4 New Media and Ethical Issues 44 EXPERTS COMMITTEE Prof. B.P.Sanjay Prof. J.S. Yadav Prof. B.K. Kuthiala Former VC, CUTN; PVC, Former Director, IIMC Former VC, MLCRPV Univ. of Hyderabad, Hyderabad New Delhi Bhopal Prof. G. Ravindran Prof. Kiran Thakur Prof. Usha Raman Head, Department of Former Head, Deptt. of S. N. School of Arts & Communication, University of Communication & Journalism, Communication, University of Madras, Chennai Savitribai Phule Pune University Hyderabad, Hyderabad Mr. Shastri Ramachandran Prof. Iftekhar Ahmed Prof. Jaishri Jethwaney Editor and Columnist Director, MCRC, Jamia Milia Former Head, ADPR, IIMC, New Delhi Islamia, New Delhi New Delhi Prof. Usha Rani Ms Sevanti Ninan Ms Pamela Philipose Former Head, Deptt. of Comm.& Senior Journalist & Founder Senior Journalist and Author, Journalism, Mysore University Editor, The Hoot, New Delhi New Delhi Ms Mahalakshmi Jayaram Prof. Biswajit Das Prof. Gita Bamezai Senior Dy. Editor Director, CCMG, Jamia Milia Head Dept. of Comm. The Hindu, Chennai Islamia, New Delhi Research, IIMC New Delhi Dr. Vipul Mudgal Prof. Madhu Parhar Mr. K. Ravikanth Senior Journalist and Author, Director, STRIDE Director, EMPC New Delhi IGNOU IGNOU Prof. Subhash Dhuliya Prof. Shambhu Nath Singh, Dr. O. P. Dewal Former Director, SOJNMS, Former Director, SOJNMS, Associate Professor IGNOU IGNOU SOJNMS, IGNOU Dr. Kiron Bansal, Associate Dr. K.S. Arul Selvan, Associate Dr. Ramesh Yadav, Assistant Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU Dr. Shikha Rai, Assistant Dr. Amit Kumar, Assistant Ms. Padmini Jain, Assistant Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU Professor, SOJNMS, IGNOU PROGRAMME COORDINATORS: DR. KIRON BANSAL, MA(JMC) DR. SHIKHA RAI (PGJMC) COURSE COORDINATOR: DR. KIRON BANSAL BLOCK PREPARATION TEAM Unit1 Mr. Paranjoy Guha Thakurta Content Editor Senior Journalist and Author Prof. Santosh Kumar Tewari New Delhi Former Dean, School of Mass Unit 2 Prof. M.R. Dua, Former Professor Communication and Media Indian Institute of Mass Technologies, Central Communication, New Delhi University of Jharkhand Ranchi, Jharkhand Unit 3 Dr. Kiron Bansal, Associate Professor, SOJNMS, IGNOU Block Editor Unit 4 Ms. Aakanksha Sharma Assistant Dr. Kiron Bansal Professor Apeejay Stya University Associate Professor Sohna, Haryana SOJNMS, IGNOU PRODUCTION TEAM Mr. K.N. Mohanan Mr. Sumati Nair Asst. Registrar (Publication) Section Officer (Publication) MPDD, IGNOU, New Delhi MPDD, IGNOU, New Delhi January, 2020 Indira Gandhi National Open University, 2020 ISBN: All rights reserved. No part of this work may be reproduced in any form, by mimeograph or any other means, without permission in writing from the Indira Gandhi National Open University. Further information on the Indira Gandhi National Open University courses may be obtained from the University's office at Maidan Garhi, New Delhi. Printed and published on behalf of the Indira Gandhi National Open University, New Delhi by the Registrar, MPDD, IGNOU, New Delhi. Laser Typeset by Tessa Media & Computers, C-206, A.F.E.-II, Okhla, New Delhi. Printed at: COURSE INTRODUCTION: MEDIA ETHICS AND LAWS The Course MJM-025 Media Ethics and Laws, as the title suggests, deals with two important areas - ethics and laws, which every student of mass communication should be thoroughly familiar with. Spread over four blocks, the course explains that every aspect of media profession – Journalism, Advertising, and Public Relations operate within certain legal framework and involve some ethical conduct on the part of media professionals. Block 1 Media Ethics deals with the concept, principles and theories of media ethics and explains that social welfare is the raison d’etre of mass media. Unit 1 Principles of Media Ethics outlines the theories of ethics such as, Utilitarianism, Deontology and ethical relativism employed to determine media behaviour. It explains the authoritarian and libertarian models and outlines some breaches of ethics by media. Unit 2: News Media and Ethical Concerns examines the issues of conflict of interests, subjectivity, paid news, intrusion in privacy etc. Unit 3: Media Ethics and Self Regulation emphasises the need for developing ethical conduct by media professionals to meet the challenges in their day-to day work. Unit 4: New Media and Ethical Issues makes you aware about your rights and responsibilities as a new media user and emphasises the need for social media policies. Block 2 Media Laws exposes you to some important constitutional and regulatory frameworks. Unit 5: Indian Constitution outlines the philosophy, salient features and basic tenets of the Constitution of India to enable you to discharge your duties effectively. Unit 6: Media Laws and Constitutional Framework discusses the concept of freedom of speech and expression, laws of libel and defamation, Official Secrets Act, 1923, and Contempt of Legislatures and the relevance of these laws. Unit 7: Media Laws and Regulatory Framework looks at the objectives and functions of the Press Council of India and exposes you to the concept of Ombudsman and Indian Penal code and Criminal Procedure code. Unit 8: Initiatives in Media Laws deals with Contempt of Court Act and various codes for television. Block 3: Laws on Information discusses the need and role of the Intellectual Property Rights Copyright law, Cyber Law and Right to Information and their significance in an era of rapid technological advancement. Unit 9 Intellectual Property Rights explains the concept, scope and legislations of IPR and stresses the need for protecting the major components of IPR. Unit 10: Copyright Law describes the registration, assignment, licencing and infringement of copyright and outlines the remedies against its infringement. Unit 11 Cyber Law provides an overview of the concept of cyber space, cyber crimes and Information Technology Act, 2000 and other emergent issues. Unit 12 Right to Information explains various aspects of the RTI Act and how the Act has been used for seeking information for public good. Block 4 Advertising & PR Ethics and Laws stresses the need for media ethics and laws for advertising and Public Relations professionals. Unit 13: Advertising Ethics & Laws outlines various laws, codes and bodies governing advertising ethics in India. Unit 14: PR Ethics & Laws explains the need and importance of ethics in business and corporate functioning. It describes some professional codes of ethics and laws, concerning the profession of PR. The last unit of this course, Unit 15: Case Studies provides insights how honesty of purpose and intent on the part of an organisation helps in handling a crisis. Thus this Block gives you an overview of various aspects of media laws and ethics which govern mass media and equips you with adequate knowledge on the subject. We hope that after completing this course, you will be able to: • discuss the concepts and principles of media ethics; • describe the media laws and constitutional and regulatory frameworks; • explain the laws on information including IPR, copyright, cyber law and RTI; • analyse the importance of ethics and laws in advertising and PR; and • apply media ethics and laws in your work. 4 BLOCK INTRODUCTION: MEDIA ETHICS This is the first block of the Course MJM-025: Media Ethics and Laws. There are four units in this block which deal with the concepts and principles of media ethics that are necessary for your understanding of this very important subject. Unit 1: Principles of Media Ethics provides a brief introduction of media ethics and gives you an overview of the ethical theories and links them with the present media context. The unit aims to prepare you for a more detailed exposition of the issues relating to truth, fairness, objectivity and sensitivity in reporting, apart from other relevant issues with the help of select examples. Unit 2: News Media and Ethical Concerns describes the major ethical concerns such as conflict of interests, business pressures, subjectivity in reporting, news source confidentiality and paid news plaguing the media world today. It outlines some steps that can be adopted for addressing these ethical concerns. Unit 3: Media Ethics and Self-regulation explains that media ethics and self regulation are interlinked and if certain ethical principles and norms are followed, it will lead to self regulation. The unit describes the universal tenets of journalism and outlines some emergent areas such as diversity and sensitivity, advocacy, digital media ethics and citizen journalism among others, for a detailed understanding of the subject. Unit 4: New Media and Ethical Issues deals with our personal as well as public conduct in the online space. It explains how new media needs to be used with care without breaching any law or violating the online rights of other users. We hope that after studying this Block you will develop a proper understanding of the term ‘ethics’ and appreciate how adherence to ethics is crucial for media professionals as well as media organisations in the present context. 5 6 UNIT 1 PRINCIPLES OF MEDIA ETHICS Structure 1.0 Introduction 1.1 Learning Outcomes 1.2 Ethics: Concept and Theories 1.2.1 Consequentialism 1.2.2 Deontology 1.3 Why Media Ethics? 1.3.1 Media in the Complex Social Milieu 1.3.2 Media as Social Auditor 1.4 Media Form and Its Freedom 1.4.1 Authoritarian Model 1.4.2 Libertarian Model 1.4.3 Self-Regulation 1.5 Media and Market Pressures 1.6 Media Ethics in India: Some Breaches 1.7 Let Us Sum Up 1.8 Further Readings 1.9 Check Your Progress: Possible Answers 1.0 INTRODUCTION This unit is designed to give you an overview of the ethical theories of relevance to media followed by a brief history of media ethics in different parts of the world.