Importance of Media Law and Ethics in Media Industry

Importance of media law and ethics in Media Industry: Media Law: Media plays a vital role in informing people about their surroundings, the truth and the situations they reside in. Media law is not a term for a uniform and integrated body of law like the law of contract or the law of crimes. It is a mix of a variety of laws and ethics that are considered most important for a working journalist and media industry. When the term “media law” is used, the focus is on the law itself. It examines the limits within which the media organizations and journalists operate. Hence this type of emphasis diverts the focus on fields like: freedom of speech; defamation; confidentiality; privacy; censorship; contempt and freedom/access to information. Media Ethics: Ethics as a concept has been introduced by the Greeks who successfully managed to divide the philosophical world into three basic parts. Aesthetics – as to how an individual sees the beautiful and his/her analysis of beauty without relying on subjective evaluations. Epistemology – as the study of knowing, debates about what constitutes learning and what is known to human mind. And Ethics – as the study of what is good, both for the individual and the society. This was because the Greeks were concerned with individual virtues of courage, justice, temperance and wisdom, as well as the societal virtues, such as freedom. Two thousand years later, ethics has come to mean learning to make rational choices between what is good and bad, what is morally justifiable action and what is not. Ethics also means distinguishing among choices, all of which may be morally justifiable, but some more than others. Rationality is the key word here, for the Greeks believed, and modern philosophers affirm, that people should be able to explain their ethical decision to others. The ability to explain ethical choices is an important one for journalists. Concept of Media Law and Ethics: Imagine, if there were no laws and ethics in the World? What had happened? Can civilization and democracy, even life is possible without codes, laws, or ethics? Certainly not. Right to know, freedom of assembly, freedom of speech and freedom of the press are conditional. If laws and ethics are for everyone, then, why not for journalists and media. Every constitution of the world guarantees freedom of press and freedom of speech, but conditionally. For many years now, globally, the media has assumed and reinforced and its important role as a legitimate reflection of public interest and opinion. The power

and apparent influence of the media was long realized. However, the law is a constantly changing institution. The laws in the area of media law change more rapidly than the laws in other areas. It is imperative that practitioners in any field have a sound working knowledge of the legal and ethical considerations that apply to their occupation. This is especially true with media organizations and journalists, who claim to be providing and disseminating information and commentary for the public good and in the interest of the public.

Purpose and Importance of Media Law and Ethics: The purpose, functions and importance of media law and ethics may be summarized as follows: 

Media law regulates behaviour, in particular, it ensures the protection of freedom of expression and discourages harmful speech. It does so by providing a legal framework for the protection of the right to freedom of expression.

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It provides a mechanism for settling disputes by ensuring equality and elimination for discrimination of any kind, so that access to remedies is not hindered.

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It fosters an environment in which the mass media can determine its own role by adhering “to high standards of information provision that meet recognized professional and ethical standards.”

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Media law ensures “the right to be heard and the right to speak” and protects individual rights from unfair governmental action.

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Social Reasoning: Everything that a media organization, media persons or journalists do have ethical implications, to a lesser or greater extent. This is because whatever is said, written or even for that matter been neglected has influence on people. The influence can be good or bad. Because the media has enormous influence, it is vital for media organizations to act in an responsible and accountable way. When media acts irresponsibly several things happen: a. b. c. d.

unnecessary harm is done to people the media loses credibility it weakens the media’s vital role as watch dogs the well-being of democracy suffers

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Moral Reasoning: There are two fundamental characteristics of human behavior: harm and mutual aid. Ethics and moral behavior are important because of people’s universal aversion to harm either physical or psychological. Harm is the experience of pain, suffering or deprivation against our will that results from the willful or neglect act of another person. From the moral point of view harm is wrongful injury as a result of human action and should be seen as an aspect of evil. While most, if not all humans would want to be harmed, it is true that most human beings inflict harm from time to time to others. The co-existent realities – the universal human aversion to harm and the universal tendency to inflict harm are the conditions that call ethical practice in the media necessary.

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Professional Reasoning: Anyone can write or express their views in any way they want. This is a human right. However, professional communication exists among a group of people who are deemed and recognized so. Therefore, if journalism is going to recognized as a profession in media industry then it must have ethical standards, professional training that enables a prospective practitioner or professional to acquire a body of theoretical knowledge, a set of skills, cultivate the necessary qualities and finally go through a rigorous process of practical experience or internship before graduation. This is what sets a professional communicator from ordinary communicator.

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Media can a source of conflict: The media can also be a source of conflict through the harm they cause to Society. When media practitioners do their work unprofessionally their work unprofessionally their products can be potentially harmful to individuals, organizations, societies and the world at large. Harmful media products can incite hatred and violent conflicts, damage people’s and organizations reputation, business and disrupt social and economic life in general. This is why, although not only for this reason, governments come up with different legislation to protect the public from harmful effects of irresponsible media. There are many laws such as those against libel, defamation etc.

In short, it helps the media industry and the journalists to learn ways to avoid being sued for what is written or disseminated; learning to be more accurate about matters; and to gain an understanding and respect for constitutional guarantees and the protections they provide.

CODE OF ETHICS AND MEDIA LAWS IN PAKISTAN: In Pakistan media ethics is unique as it illustrates how Islam tends to reshape the values and ethics of society. The authoritarian regime of Field Marshal Ayub Khan

promulgated the restrictive Press and Publication Ordinance 1963. It was replaced by a mild regulatory law, the Registration of Press and Publication Ordinance of 1988 as a result of Federal Shariat court judgment on a petition, which entailed examination of the already existing ordinance of 1963. Article 19 of the constitution of Islamic Republic of Pakistan besides guaranteeing to the citizens freedom of the speech and expression, also guarantees freedom of the press subject to reasonable restrictions imposed by law in the interest of glory of Islam, of the integrity, security and defense of Pakistan or any part thereof, friendly relations with foreign states, public order decency or morality or in relation to contempt of court defamation or incitement of any offence. The Newspaper Editors Council of Pakistan was formed on May 22, 1993. Its aim and object includes safeguarding the freedom of the press and working freely for healthy growth of journalism in the country. The Council believes that duty of editors/journalists is to serve the truth. It is also believed that the agencies of mass communication are carriers of public discussions and information. The Press Council of Pakistan Ordinance 2002 was issued by the then President Pervez Musharraf, providing the establishment of 19 members council with mandate to implement 17 points “ethical code of practice” for the press. Majority of these points relate to the moral and ethical values of journalistic profession. The council is empowered to constitute as many inquiries commissions as may be necessary for the purpose of deciding complaints within a stipulated time period Pakistan native independent broadcast sector is only five years old. Until mid-2002, the country’s electronic media was controlled heavily by the state. The military government of Pervez Musharraf, promulgated PEMRA Ordinance 2002. Its main objective was to open up broadcast sector for private ownership. It was promulgated for regulating the establishment and operation of all the broadcasters and cable television stations in Pakistan established for the purpose. The freedom of information ordinance introduced in 2002 contains some positive features acknowledging citizens right to know. However the 21st day time frame for the release of information and inclusion of courts and tribunals, among those require disclosing information mar its true spirit. Large amounts of information are also not subject to disclosure under the ordinance, largely undermining the public’s right to know. Instead of applying to all records held by public bodies, the ordinance provides a, restrictive list of public records subject to disclosure. There have been growing demands by the members of the press to amend the ordinance and pass a legislation that obliges the government to provide access to all forms of information, except those which are specifically restricted. There have been some developments in respecting the right to freedom opinion and expression in South Asia but the progress is severely restricted by laws which give the state the right to protect information and discourage open discourse on religious issues. An

atmosphere of intolerance in south Asia discourages free expression or opinion. Laws based on security mist be reviewed in a world where information can be received through electronic media or internet. It is essential to draw some minimum guide lines to make the right to information effective. According to PEMRA ordinance 2002, the Authority has mandated to: 1) improve the standards of information, education and entertainment, 2) Enlarge the choice available to the people of Pakistan, I the media, 3) Facilitate the devolution of responsibility and power to the grassroots by improving the access of the people to mass media at the local and community level, and 4) Ensure accountability transparency and good governance by optimizing the free flow of information. The law lays down stringent and subjective pre-condition for eligibility of a license says a broadcaster or CTV operator issued a license under this ordinance must, among others, guarantee the following: a) Respect the sovereignty, security and integrity of Pakistan, b) Respect the national, cultural social and religious values and the principles of public policy as enshrined in the constitution, and b) Ensure that programs and advertisements do not encourage violence, terrorism racial ethnic or religious discrimination, sectarianism extremism militancy or hatred or contains pornography or other material offensive to commonly accepted standards of decency. The electronic media regulatory authority ordinance is also arbitrary and in violation of the international standard for a free flows of information and retains the infamous system of licensing without defining eligibility in unambiguous terms. The obligation imposed on private television channels to telecast programs mandated by the authority appears to be a device to commission them for official propaganda the ordinance is also silent on the decades old and persistent public demand for freeing Pakistan broadcasting corporation and Pakistan television corporation of official control and shows little respect or concern for views, needs and taste of Pakistan’s pluralist society.

Media Landscape in Pakistan: The current Pakistani media landscape reflects a multi-linguistic, multi-ethnic and class-divided society. There is a clear divide between Urdu, national language, and English, official language, media. The Urdu media, particularly the TV channels and newspapers, are widely viewed and read by the masses—both in urban and rural areas. However, the English media is urban and elite-centric. English print, television and radio channels have far smaller audiences than their Urdu counterparts, but have greater leverage among opinion makers, politicians, the business community and the upper strata of society. Before 2002, the Pakistan’s electronic media was under heavy control of the government. And new developments in electronic media in Pakistan started in 2002 with promulgation of the Freedom of Information Ordinance of 2002 and

the Pakistan Electronic Media Regulatory Authority (PEMRA) ordinance of 2002. The freedom of information ordinance contains positive features acknowledging citizens’ right to know. To bring its vision of liberalized media in the country, the military government of Pervez Musharraf, promulgated PEMRA Ordinance in 2002 to establish Pakistan Electronic Media Regulatory Authority. Mandate of PEMRA is to improve the standards of information, education and entertainment, and to enlarge the choice available to the people of Pakistan Including news, current affairs, religious knowledge, art and culture as well as science and technology (PEMRA website). To meet this mandate the ordinance provided to open up broadcasting media for private sector. In addition, it contains provisions to regulate the operations of all the broadcasters and cable television stations established under this ordinance. After promulgation of above ordinances, a number of private TV channels have got licenses to operate in Pakistan. According to the PEMRA statistics, more than 80 satellite TV channels were working in the industry at the end of year 2013. Licenses are granted in categories of education and news and/or entertainment specific channels. This progress has led to a new era of information age in the country with many TV news channels both in English and Urdu languages. These channels immensely compete among themselves for market share. This competition is, further, toughened by the landing rights given to foreign channels such as CNN, BBC world, Sky news etc., to operate in Pakistan. Although, English channels have their place, however, cut-throat competition is observed among major Urdu news channels such as AAJ, ARY, Dunya, Express, Geo and Samaa news channels. Media landscape is quite vibrant and the channels enjoy independence to a large extent. This fierce competitive environment has both its pros and cons.

Pakistan: A case Study: Defamation: Defamation Laws spring from Law of Torts, having its roots in English Common Law. Salmond defined tort as, “A civil wrong for which the remedy is common law action for unliquidated damages, and which is not exclusively the breach of contract, or the breach of trust. The word “tort” comes from the latin word tortum, implying “to twist” meaning thereby behavior or conduct that is tortuous or wrong. It corresponds with the English word wrong and the Roman word delict. When actions are twisted, this is in opposition to actions that are considered straight. To be a tort, an act, whether commission of it, or omission of it, must be wrongful. This wrongful action must result in damage. The damage may be either legal terms

or actual terms. The cause of redress as a result of the act must lie in a legal remedy or in an action for damages. Damages are monetary claim to damage suffered. The damage must be in real or legal terms. The party having complained must have suffered from a legal or wrong committed by the act of another. Law of Torts basically is based on a simple, understandable and logical principle that any and every harm to another individual is unlawful and thereby punishable. In these torts is a wrong that is deemed as a wrong affecting one’s reputation. This is known as ‘’Defamation’’. Defamation is described as: “An international false communication, either published or verbally spoken, that injures another’s reputation or good name. Holding up of a person to ridicule, scorn or contempt in a respectable and considerable part of the community, may be criminal as well as civil includes both libel and slander. Defamation is that which tends to injure reputation, to diminish the respect, esteem, good will or confidence in which the plaintiff is held or to excite adverse, derogatory or unpleasant feeling or opinions against him. Statement that exposes person to contempt, hatred, ridicule or obloquy. Slander will be described as: “Speaking of base and defamatory words tending to prejudice another in his reputation, community standing, office, trade, business, or means of livelihood. So slander has certain basic ingredients; (a) it is defamatory (b) it is oral and (c) it must lead to damaging another’s reputation. A person against whom slanderous comments/opinion is made is contempt to file a case against the person committing the offense. The onus to prove that slander was committed lies on the plaintiff. He must prove that the communication took place and that it’s defamatory. It must not be a fair comment on the person or an institution. This, then will not constitute slander. In slander, the person bringing about a case must prove that special damage has resulted owing to the slander. An interesting example of Slander would be from July, 7 th 2012 when former chief minister of Punjab, Journalist and News Anchor; Najam Sethi announced to have sued renowned Journalist, Mubashir Luqman for Rs.1 billion alleging defamation. Documents revealed that the case was based on statements by Luqman in his program “Khara Sach” on Dunya News to be “false and malicious allegations due to the tense political situation at that time in the country. Especially high level of antiAmericanism, intentionally aimed at provoking and inciting mobs or extremists to enagage in physical violence. Libel is the second kind of defamation. Here, the ingredients of libel are (a) words stated must be defamatory (b) it must be in the form of permanent record that can be referred back to, and (c) it must refer to the person of the plaintiff (complainant).

Libel is actionable per claim of damages for publication of defamatory statement: “While determining damages due regard has to be taken of following factors: (a) nature of defamatory statement (b) conduct of person responsible for its publication (c) conduct of such person after issuance of notice and after institution of case (d) degree of care and caution exercised before publication of disputed statement. Each time of slander and/or libel is repeated, it becomes an offence and the offender is liable to be brought to court for the offence. Every time it becomes cause for a new case. There are many grounds on which damages can be aggravated or mitigated in case slander and libel.

Factors that mitigate damages: There are many grounds on which damages against the offender can be mitigated. If the accused apologizes at the first opportunity, court will take cognizance of the fact. If evidence falls short of justification i.e.; if the case is not strong enough and does not prove guilt of the accused. Absence of malice will also be an important factor in determining and adjudging damages. The court will also keep in mind if the plaintiff is in habit of libeling the defendant, and if in reaction the, plaintiff is also doing or saying something falling within the purview of defamation, against the defendant, this will be duly considered by the courts. Also if the plaintiff has far from clean reputation, courts will take this into consideration. This does not mean to say that if someone has a doubtful reputation, anyone can get away by saying anything about his/her reputation. What it does mean is, if the plaintiff has a bad reputation, it is easy for another to be taken in by a negative news related to the plaintiff.

Defamation Law in Pakistan: In Pakistan slander is a civil crime whereas libel is both civil and criminal defense. In 2002, President Pervez Musharaf passed a Defamation Ordinance which is as follows and is discussed for better understanding and application of the law in Paksistan: THE DEFAMATION ORDINANCE, 2002 (LVI of 2002) [1st October, 2002] An Ordinance to make provisions in respect of defamation Preamble.— WHEREAS it is expedient to make provisions in respect of defamation and for matters connected therewith or incidental thereto; AND WHEREAS, the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance: — 1. Short title, extent and commencement. — (1) This Ordinance may be called the Defamation Ordinance, 2002. (2) It extends to the whole of the Punjab]. (3) It shall come into force at once. 2. Definitions. — In this Ordinance, unless there is anything repugnant in the subject or context,— (b) “broadcasting” means the dissemination of writings, signs, signals, pictures and sounds of all kind, including any electronic device, intended to be received by the public either directly or through the medium of relay stations, by means of, (i) a form of wireless radio-electric communication utilizing Hertzian waves, including radio telegraph and radio telephone, or (ii) cables, computer, wires, fibre-optic linkages or laser beams, and “broadcast” has a corresponding meaning; (c) “editor” means a person or operator having editorial or equivalent responsibility for the content or the statement or the decision to publish or circulate it; (d) “newspaper” means a paper containing public news, intelligence or occurrences or remarks or observations or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or number, and includes such other periodical works as the Government may, by notification in the official Gazette, declare to be newspaper; (e) “publication” means the communication of the words to at least one person other than the person defamed and includes a newspaper or broadcast through the internet or other media; and (f) “publisher” means a commercial publisher, that is, a person whose business is issuing material to the public, or a section of the public, who issues material containing the statement in the course of that business.

3. Defamation. — (1) Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injures the reputation of a person, tends to lower him in the estimation of others or tends to

reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation. (2) Defamation is of two forms, namely: (i) slander; and (ii) libel. (3) Any false oral statement or representation that amounts to defamation shall be actionable as slander. (4) Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means or devices that amounts to defamation shall be actionable as libel. 4. Defamation actionable.—the publication of defamatory matter is an actionable wrong without proof of special damage to the person defamed and where defamation is proved, damage shall be presumed. 5. Defenses. — In defamation proceedings a person has a defense if he shows that — (a) he was not the author, editor, publisher or printer of the statement complained of; (b) the matter commented on is fair and in the public interest and is an expression of opinion and not an assertion of fact and was published in good faith; (c) it is based on truth and was made for public good; (d) assent was given for the publication by the plaintiff; (e) offer to tender a proper apology and publish the same was made by the defendant but was refused by the plaintiff; (f) an offer to print or publish a contradiction or denial in the same manner and with the same prominence was made but was refused by the plaintiff; (g) the matter complained of was privileged communication such as between lawyer and client or between persons having fiduciary relations; and (h) the matter is covered by absolute or qualified privilege. 6. Absolute privilege. — Any publication of statement made in the Federal or Provincial legislatures, reports, papers, notes and proceedings ordered to be published by either House of the Parliament or by the Provincial Assemblies, or relating to judicial proceedings ordered to be published by the Court or any report, note or matter written or published by or under the authority of a Government, shall have the protection of absolute privilege. Explanation.—In this section legislature includes a local legislature and Court includes any tribunal or body exercising the judicial powers.

7. Qualified privilege.— Any fair and accurate publication of parliamentary proceedings, or judicial proceedings which the public may attend and statements made to the proper authorities in order to procure the redress of public grievances shall have the protection of qualified privilege. 8. Notice of action.—No action lies unless the plaintiff has, within two months after the publication of the defamatory matter has come to his notice or knowledge, given to the defendant, fourteen days notice in writing of his intention to bring an action, specifying the defamatory matter complained of. 9. Remedies.—Where defamation shall be proved to have occurred, the Court may pass order directing the defendant to tender an apology, if acceptable to the plaintiff, and publish the same in similar manner and with the same prominence as the defamatory statement made and pay reasonable compensatory damages as general damages with a minimum of Rs. 50,000 (Rupees fifty thousand) and in addition thereto, any special damage incurred that is proved by the plaintiff to the satisfaction of the Court [Provided that in case of the originator the minimum compensatory damages as general damages shall be three hundred thousand rupees.] 10. Code of Civil Procedure and Qanun-e-Shahadat Order to apply.—The Code of Civil Procedure, 1908 (Act No. V of 1908) and the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984) shall mutatis mutandis, apply to the proceedings under this Ordinance. 11. Ordinance not to prejudice action for criminal defamation.—Nothing in this Ordinance shall prejudice any action for criminal libel or slander under any law for the time being in force. 12. Limitation of actions.—An action against— (a) an author, editor, proprietor or publisher of a newspaper; (b) the owner of a broadcasting station; (c) an officer, servant or employee of the newspaper or broadcasting station; or (d) any other purpose, for defamation contained in the newspaper or broadcast from the station or its publication otherwise shall be taken within six months after the publication of the defamatory matter came to the notice or knowledge of the person defamed. [Trial of cases.—The District Court shall have the jurisdiction to try the cases under this Ordinance.]

14. Court to decide the cases expeditiously.—The Court shall decide a case under this Ordinance within a period of 12[ninety days]. 15. Appeal.—An appeal against the final decision and decree of the Court shall lie to the High Court within thirty days and the High Court shall decide the appeal within sixty days: (Provided that no appeal shall lie against an interlocutory order of the Court.) 16. Power to make rules.—The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.

Explanation: The law clearly defines what is meant by publisher, editor, newspaper, cable wires etc. so there is no ambiguity as to whom the law relates to and how the law interprets the terms and definitions. Defamation in its both forms i.e. libel and slander have been discussed at great length earlier. The Ordinance interprets and explains defamation as per international standards. Also as per international standards, libel is made actionable per (on the face of it) if any material published damages the reputation of the person defamed. A person accused may prove defense, if any, that the statement is wrongly attributed to him. If he can prove that it was made in good faith and in the interest of public good. If the plaintiff gave the explicit permission to publish something and later due to any external pressure or a change of heart, he has now brought about a suit of defamation. However, the onus to prove this will squarely lie with the defendant. The defamation Ordinance, 2002 is one of the laws, which were promulgated by President General Musharraf as a package of media laws in 2002. Prior to this Ordinance, ‘defamation’ was a „criminal offence’ under the Pakistan Penal Code (PPC), 1860. Sections 499-502 of PPC deal with the ‘criminal defamation’ and provide a procedure for its adjudication by Sessions Court as an offence. However, under the Defamation Ordinance, one can file a suit – a case of civil court jurisdiction – for damages as well. The Ordinance defines kinds of defamation i.e. libel and slander. It also provides defences in defamation proceedings. These defences include: a) Fair comment on the matter in the public interest; b) Truthfulness of matter made for public good; and c) Absolute or qualified privilege. Section 6 of the Ordinance defines Absolute Privilege and Section 7 explains what constitutes Qualified Privilege. Absolute Privilege is “any publication of statement made in the Federal or Provincial legislatures, reports, papers, notes and proceedings ordered to be published by

either house of the Parliament or by the Provincial Assemblies, or relating to judicial proceedings ordered to be published by the court or any report, note or matter written or published by or under the authority of a Government.” Qualified Privilege is “any fair and accurate publication of parliamentary proceedings, or judicial proceedings, which the public may attend, and statements made to the proper authorities in order to procure the redress of public grievances.” This means that if the matter falls under the definition of either of the privileges, absolute or qualified, it is legal to disseminate the information to the public.

CONCLUSION: As evident from the meaning, Laws and ethics try to promote good will and always appeal the conscience of media organizations and journalists to shun mean-spirited attitude. All media men should refrain from causing damage to reputation of a person or an institution. The issue of media ethics is too broad and no unified field on media ethics offers rules or standards that apply to all media fields. Ethics is simply a matter of personal integrity. Ethics simply means that people should not tell lie, steal, cheat or commit other antisocial acts. Ethics is doing what is ‘right’ but the problem is that ‘right’ is defined differently by several people. The essential aspect in relations to the behavior of journalists is their image of the public. There is some basic principle of journalists that media professionals should abide by these principles in performing of their duties.