INTRODUCTION
The media, often recognized as the “Fourth Pillar of Democracy,” serves as an indispensable institution in ensuring transparency, fostering accountability, and facilitating an informed citizenry. In the Indian democratic framework, the media has historically been acknowledged as a credible entity that provides critical insights into socio-economic and political affairs. However, with the increasing dominance of television rating points (TRP)-driven journalism, the credibility of the media has been significantly undermined. The proliferation of commercial interests, coupled with the encroachment of crony capitalism, has led to an erosion of journalistic integrity, thereby weakening the fundamental democratic ethos.[1]
CURRENT SCENARIO OF MEDIA IN INDIA
With more than 82,237 registered newspapers and approximately 700 television news channels[2], India possesses one of the world’s most extensive media landscapes. Furthermore, the proliferation of digital media platforms has exponentially increased the dissemination of information, with social media channels such as Facebook, Twitter, YouTube, and WhatsApp serving as primary sources of news[3]. Despite this vast reach, the Indian media has frequently prioritized entertainment and politically sensationalized reporting over objective and investigative journalism. Retired Supreme Court Justice Kurian Joseph, in an address at a seminar organized by the Campaign for Judicial Accountability and Reforms (CJAR), criticized Indian media for its failure to uphold democratic principles[4], remarking that media organizations have “failed to defend democracy, the Constitution, and the truth”. The increasing prevalence of biased reportage and the prioritization of corporate and political agendas have resulted in a shift toward viewership-driven narratives, rather than fostering substantive discourse.
A notable illustration of this tendency is the disproportionate media coverage given to high-profile cases such as the Sushant Singh Rajput death investigation, Salman Khan’s hit-and-run case, and Aryan Khan’s drug-related arrest, which overshadowed more pressing legal and policy issues.[5] This inclination towards sensationalized news, rather than evidence-based reporting, exemplifies the media’s deviation from its ethical obligations.
MEDIA UNDER THE INDIAN CONSTITUTION
The right to freedom of speech and expression is enshrined under Article 19(1)(a) of the Indian Constitution, which forms the cornerstone of press freedom (Constitution of India, 1950). Although the explicit term “freedom of the press” is absent from the constitutional text, judicial pronouncements have interpreted Article 19(1)(a) to encompass media freedoms. By contrast, the First Amendment to the United States Constitution explicitly prohibits legislative actions that infringe upon press liberties.[6] In India, however, freedom of expression is subject to reasonable restrictions under Article 19(2), which permits limitations in cases involving public order, defamation, and national security considerations.[7]
THE SOCIETY THROUGH THE EYES OF MEDIA
One of the most egregious manifestations of media overreach is the phenomenon of “media trials,” wherein media outlets pronounce verdicts on ongoing legal cases, often in contravention of established judicial principles. Prominent cases such as the Nitish Katara murder, the Priyadarshini Mattoo case, and the Jessica Lal case underscore the extent to which media influence can shape public perception and, in some instances, impact judicial outcomes. The Aarushi Talwar murder trial exemplifies this issue, where speculative media coverage contributed to a distorted public narrative, despite the presence of inconclusive evidence[8].
The Law Commission of India, in its 200th report, Trial by Media: Free Speech Versus Fair Trial under the Criminal Procedure (Amendment to the Contempt of Courts Act, 1971), recommended legal safeguards to prevent prejudicial media coverage from undermining the constitutional right to a fair trial[9]. Former Chief Justice of India, Y.K. Sabharwal, emphasized the imperative of upholding judicial independence, stating that “an individual is entitled to a fair trial and is presumed innocent unless proven guilty in a court of law. No one should pre-empt judicial decisions or assume guilt based on media narratives”.[10]
REGULATORY CHALLENGES AND THE WAY FORWARD
The regulatory landscape governing media practices in India is fragmented, with bodies such as the Press Council of India (PCI) and the News Broadcasting Standards Authority (NBSA) primarily functioning as advisory entities rather than enforcement mechanisms. The PCI, established under the Press Council Act of 1978, possesses limited authority in sanctioning violations of journalistic ethics, thereby rendering its directives largely ineffective.[11]
To mitigate the adverse impact of sensationalized journalism, it is imperative to implement comprehensive media regulations that balance press freedom with accountability. Potential reforms include the imposition of stricter content guidelines, enhanced statutory oversight, and the establishment of independent adjudicatory bodies empowered to enforce ethical standards in media reportage[12].
CONCLUSION
The foregoing analysis underscores the challenges confronting Indian media in fulfilling its democratic mandate. While the constitutional framework guarantees press freedom, the increasing commercialization of journalism, coupled with regulatory deficiencies, has led to the erosion of media integrity. The prevalence of media sensationalism, particularly in legal proceedings, further highlights the necessity for enhanced regulatory oversight.
A recalibration of media governance, through stricter legal frameworks and institutional accountability, is essential to ensuring that the media upholds its role as a pillar of democracy. Strengthening ethical journalism, reinforcing judicial safeguards against prejudicial reporting, and fostering responsible media practices are fundamental to preserving the sanctity of democratic institutions. Consequently, the restoration of media credibility necessitates a concerted effort from both regulatory bodies and journalistic organizations to uphold the principles of impartiality, accuracy, and public interest.
Author(s) Name: Aanchal Rathour (Vivekananda Institute of Professional Studies -TC, Pitampura)
References:
[1] Hanan Zaffar, ‘Corporate and political influence undermines media’s editorial independence in India’ (International Journalists’ Network, 4 December 2024) <https://ijnet.org/en/story/corporate-and-political-influence-undermines-medias-editorial-independence-india />accessed 24 January 2025
[2] Tanushree Basuroy (Topic: Newspaper industry in India, 24 March 2024)
<https://www.statista.com/topics/4726/newspaper-industry-in-india/> accessed 24 January 2025
[3] Acumen, ‘Digital and Social Media Landscape in India’ (Acumen, 20 May 2022)
<https://acumen.education/digital-and-social-media-landscape-in-india/> accessed 24 January 2025
[4] Jain D, ‘Media as Fourth Pillar of Democracy Has Failed the Country: Justice Kurian Joseph’ (Live Law, 25 February 2024) <https://www.livelaw.in/top-stories/cjar-seminar-justice-kurian-joseph-media-failure-fourth-pillar-democracy-250411> accessed 24 January 2025
[5] Press Trust of India, ‘Sushant Singh Rajput case: Press Council asks media not to carry out its own “parallel trial”‘ (The Indian Express, 28 August 2020) <https://indianexpress.com/article/india/sushant-singh-rajput-case-press-council-asks-media-not-to-carry-out-its-own-parallel-trial-6573977/>accessed 24 January 2025
[6] United States Constitution (1791), First Amendment
[7] Constitution of India (1950), art 19(2)
[8]Madhur Singh, ‘India’s JonBenet Ramsey Case?’ (Time, 29 May 2008) <https://content.time.com/time/world/article/0,8599,1810104,00.html/> accessed 24 January 2025
[9] ‘Mass Media: Law Commission of India’ (Law commission of India, 2006)
<https://lawcommissionofindia.nic.in/cat_mass_media/> accessed 24 January 2025
[10] Press Trust of India, ‘Chief justice expresses concern at trial by media’ (Rediff.com, 4 November 2006) <https://www.rediff.com/news/report/justice/20061104.htm/> accessed 24 January 2025
[11] Press Council Act 1978 (India) <https://www.indiacode.nic.in/bitstream/123456789/1744/1/A1978__37.pdf> accessed 24 January 2025
[12]Regulation of media in India – A brief overview’ (PRS Legislative Research, 2010) <https://prsindia.org/theprsblog/regulation-of-media-in-india-a-brief-overview?page=37&per-page=1/>accessed 24 January 2025
