1 2 THREE MEMBER FFT CONSTITUTED The Chairman of the PCI, Justice (retd), Markandey Katju constituted a three- member FFT headed by Rajeev Ranjan Nag and comprising Arun Kumar and Kalyan Barooah, both member PCI on February 24, 2102 to look into the complaints and submit its findings. The Fact Finding Team (FFT) was constituted by the Press Council of India (PCI) after it received several complaints regarding pressure on media in Bihar by the State Government. There were reports of unrest prevailing among media fraternity in the State, of journalists being harassed and humiliated. The Committee has during the course of its enquiry made four visits to different parts of Bihar and met various stakeholders including the representatives of the media, civil society, political parties, NGOs, general public. During its visit to the State, the team received overwhelming response and received hubdreds of written submissions from journalists and their union. Because of the nature of the complaints received by the PCI, the FFT made special efforts to meet the representatives of small and medium category of newspapers, besides Editors of major news publications. The FFT visited offices of several newspapers and scanned copies of the publications in references to the complaints. The FFT also met the Officials of the Bihar Government to get its views on the complaints received by the PCI. During the course of its interactions, the FFT received hundreds of representations/complaints with evidences in few cases. The PCI had put out advertisements in local dailies including Bihar editions of major publications. In response to the advertisements, the FFT received hundreds of submissions by mail. During the course of enquiry the FFT visited Patna on April 1-2, 2012 Muzaffarpur on July 12, Munger on July 13 and Gaya on September 17, 2012. The FFT had met and received representatives of various organizations from neighbouring districts including Nawada, Jahanabad, Bhagalpur, Munger, Beghusarai, Arah and Lakhisarai. We have received response from all-over Bihar. 3 FFT BIHAR REPORT BACKGROUND History of journalism in Bihar can be written in golden letters, as the language media in the state played a stellar role. Known more for their courageous writings, journalists of the state played a leading role during the freedom struggle of India. It would not be out of place to mention the contribution of Bihar after independence in terms of its courageous and responsible journalism. Bihar has been serving as leading light for years for the whole country. Despite the lowest per capita income and illiteracy in citizens, Bihar has been recording largest sale of Hindi newspapers and magazines for the last sixty years. Media organisations get most important feedbacks from Bihar. The reason behind this is the high journalistic quality and its readers having elegant taste and temperament about the value system traditionally prevalent in journalism of the state. Journalists working in the State contributed a lot to reach up to this standard. The people of the state are also known for their penchant for knowledge. The tradition is still in existence and can be seen everywhere in the State. This tradition gave rise to many social and political movements like freedom movement prior to our independence and several others after that. A host of committed journalists came out from socialist, communist, naxal of JP movements and played important roles as journalists not only in the state but also in several parts of the country. They served as foundation for exemplary journalism in the country. They never indulged in give-and-take type of journalism rather courageously reported the issues that were vital for the society and the country. There is no incident that can be counted as an example of ‘the journalist being purchased by an award of any other material offers like land or housing’. On the other hand, when in the 1980s, the Jagannath Mishra government tried to gag the press, or during the emergency imposed during Prime Minister Mrs. Indira Gandhi, the journalists in Bihar fought tooth and nail to preserve the freedom of the press. It goes without saying that journalists from Bihar are serving as pillars of several media institutions of the country, because of their clear understanding, the manner of writing, integrity, commitment, loyalty and perseverance. PREVAILING SCENARIO However, a dangerous trend being witnessed in Bihar is that the right to write the truth has been lost in the State. This is not only a violation of the rights that are guaranteed under the Constitution of India, but also poses a threat to free and fare journalism, resulting in an unsavoury situation in the state. Due to government pressure over the media, the news relating to even small agitations are being blacked out in the state like Bihar, which otherwise is known for raising matters of public concern. News relating to agitations, public concern do not find place in the newspapers, for they dare to raise uncomfortable questions for the government because they point fingers on the weaknesses and faults of the governance. 4 F INDINGS Such an indirect control over the media has direct perceivable impact on the people’s right to know, the guarantee given to the civil society under the Constitution of India. It has in a way threatens the very democracy in violation of the article 19(1) A of the Constitution. Such an indirect act of the government poses the danger of triggering a constitutional crisis in the state. It needs a serious look into the matter. Free and fare journalism in Bihar is facing a situation of censorship the likes of which was seen during the emergency in our country. The journalism of Bihar that has long been known in the country for its courageous writings and of journalists putting even their lives at stake, are now gagged, muted and handicapped. Journalists, by and large are feeling suffocated with many of them pleading their helplessness. A large number of the journalists who appeared before the fact finding team complained of prevalence of the practice of scores of news-items being sent to the editorial sections of respective newspapers by their management bearing the signatures of branch head, general manager, chief manager, circulation manager as well as advertisement manager s every day for its publication. Such news items are considered to be a “must” for its publication irrespective of the fact that whether such news-items are really newsworthy or not, from the editorial point of view. Surprisingly the list also included newspapers which are published from outside the state, where the desks have a constant demand from its Bihar based reporters to file state government friendly reports. Ostensibly with an eye to curry state government favour in form of state government ads. While talking to the members of the team during their informal “off the record” talks, some journalists complained of managerial prevalence in day to day editorial matters. But they all pleaded that they have no option, but to abide by such an unethical managerial practice. Incidentally prior to the visit of FFT, Bihar team to Bihar districts and after announcement of constitution of the three member Press Council Of India Fact Finding Team to study Pressure on Media in Bihar by Hon’ble PCI Chairman, Justice Markandey Katju a few meetings were held in the name of “defence of freedom of press and media” in which few senior media men too had also joined. Members of the FFT, Bihar team also started receiving lots of phones from several journalists showing their keen interest in this regard, but pleaded anonymity. The committee also noted this as a symptom of prevailing unannounced pressure on media. The reporters and outstation correspondents too are required to arrange/manage advertisements from the IPRD as well as the private parties. The supposedly senior journalists are assigned these jobs more. In this regard many a journalists referred to the transfer of a senior ranking journalist of an esteemed National Hindi daily published from Bihar for his falling out of the grace of powers that be for publishing a news-item related to some alleged scam in a state government department quoting the then departmental minister. GOVERNMENT VS OPPOSITION: ALLEGATIONS OF UNDERPLAYING 5 The managements of the newspapers which enjoy the benefits of the government advertisements feel grateful to benefactor establishment and resort to praising their policies. Management of the newspapers being published from the state have allegedly surrendered before the government for the fear of losing advertisements. Damocles sword in the form of possible stopping of the government advertisement is always hanging over their head. It has been observed that many of such management of newspapers are even avoiding publication of news related to public interests and social concerns that may be of public interest. The role of opposition is considered one of the important factors in parliamentary democracy. The ruling establishment is supposed to protect the opposition's right to oppose. This committee has also received complaints narrating as to how the issues of public import raised by them are ignored by the media. The issues raised by the opposition in the legislative assembly or the council do not find proper space in the newspapers, since the management of the newspapers are under fear of losing government support. The activities of the opposition outside the houses are also not properly reported on account of the same fear. This is a dangerous scenario in parliamentary democracy that may endanger the very basis of democracy. Hundreds of complaints received by the probe committee give ample proof of direct government pressure on newspapers. The committee went through various editions of the newspapers like Hindi daily Jagaran, Hindustan and Prabhat Khabar and found them faltering on many accounts.