Sunday, November 9, 2008

THE BALANCING ACT OF MEDIA AND LAW-A BLINDFOLDED ANALYSIS.

THE BALANCING ACT OF MEDIA AND LAW-A BLINDFOLDED ANALYSIS.
Media plays a vital role in today’s diversified aura of life. It not only
creates faith in democratic deliveries but also networks among the voices
of the people. In its liabilities and duties, media is not above law.
According to Albert Schweitzer, German Nobel peace prize winning mission
doctor and theologian (1875-1965) “the first step in the evolution of
ethics is a sense of solidarity with other human beings.”
The axiom “freedom of press” has
always been debated where press
had to fight the corridors of law
and was pardoned by the democratic
institutions of the “fourth
estate”, in delivering the needs
of the citizen and carrying
forward their aspirations. If we
have a proper look at the
background which laid the
foundations for freedom of
thoughts and installed belief in
penfight we will hit upon the
first press commission set up in
1954 which uplifted the cause of
Press gave vent to a Press council
which promulgated a press without
outside or governmental influence
lets look at the general context
,at the overall framework of law
in Indian life. The men who
founded india and wrote our
constitution understood the need
for a government and for laws for
sustainability of identity and
independence.
The earlier laws at the time of lord Wellesly saw more of restrictions
than regulations over the way media usually delivers. However the most
significant day in the history of media regulations was the 26th of Jan
1950 when constitution was brought into force and paved the way for
“freedom of press” as a fundamental right . article 19 (1)(a) and (2) saw
raging wars between media and several sectors ,for eg the Ajay Goswami vs
Union of India which brought into focus the need for more stringent
regulations bordering the infiltration of malpractices in media In that
context “freedom of press” is a nightmare where headline writing may
defame an individual ,where quotations may disrepute a judicial
proceeding, where pornographic imitations may hamper the storyline and
corrupt innocent brains. I n such a confusing situation a media personnel
may face a challenging time sorting out relief for plaintiff actions. Such
need was carried forward by the founding principles of Press Act 1978
which healed the tiring bones of press and served as a council looking
forward to the “dos and donts ” of press.
In such an imposing balance of media and law, a union of the same would at
one hand paralyse the very roots of media where Ndtv,Tehelka like channels
have uplifted the causes of society but on the other hand ‘nothing is
above law ‘will bring justice to million young hearts falling prey to
corrupt infiltrations of mass media.

“OUR LIBERTY DEPENDS ON THE FREEDOM OF THE PRESS, AND THAT CANNOT BE
LIMITED WITHOUT BEING LOST”.

In such an imposing balance of media and law, a union of the same would at
one hand paralyse the very roots of media where Ndtv,Tehelka like channels
have uplifted the causes of society but on the other hand ‘nothing is
above law ‘will bring justice to million young hearts falling prey to
corrupt infiltrations of mass media.

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