In the election just concluded, the media in Andhra Pradesh was involved in most unethical ¿news selling¿ activity irrespective of  the newspaper¿s known lenience towards a political party. It was not even news selling, but misrepresentation to voters for consideration. Journalists¿ organizations criticized this as blatant abuse of freedom of speech and expression to camouflage advertisement as news. Those who indulged in this practice violated norms under Indian Penal Code, Income Tax Act, and Representation of People Act, 1951.

Selling news space by TV Channels and columns by the print media, especially some of the Telugu news dailies breach all ethical norms[i], such as ¿an Advertisement shall be distinguished from the news item, or news programme, and accompanied by the indication that it is an advertisement.¿

The Media, both the print and electronic, has freedom of speech and expression as part of the constitutionally guaranteed fundamental right[ii]. The point of emphasis here is that the media persons are not the special category to have this freedom exclusively. This is to say that the media¿s freedom has to subserve the interests of the people¿s right of expression through which the governing process begins.

Biased Media

There are a dozen TV Channels, eight of them being 24 hour news channels, and seven Telugu dailies in Andhra Pradesh with substantial viewership and circulation. These media outlets do not try to  to hide their affinities and strong political affiliations. As the largest circulated Telugu Daily, Eenadu, with two TV channels in Telugu, extends strong support to the Telugu Desam Party besides perpetuating strong opposition to Congress Party. The Chief Minister Y S Rajasekhar Reddy¿s son Y S Jaganmohan Reddy, who contested the  Kadappa Lok Sabha seat, own¿s  the  Saakshi Newspaper and TV channel. While another leading daily Andhra Jyothi, and a new daily Surya are alsobiased towards the TDP, the Vaartha, owned by a Congress MP stands by his party. Andhra Prabha, once the Indian Express group newspaper, is now owned by a Congress leader. Andhra Bhumi, the daily from  the Deccan Chronicle group belongs to a family which was in Congress party for a long time. The Congress leaders strongly contend that because of Saakshi TV and Newspaper, the people in Andhra Pradesh could read another version to the stories bombarded by Eenadu and Andhra Jyothi about state politics.

Thus, the influencing media in Andhra Pradesh has been vertically divided to sub-serve the interest of two major political parties, making it difficult or impossible to know the real ¿news¿ in its neutrality.  Some of the news channel managements also did not hesitate to present their true colours to the viewers.

The Government released advertisements worth crores of rupees within the last two years to all newspapers including Eenadu, while lion¿s share of that was handed over to the CM¿s son¿s newspaper Saakshi, which is under a challenge by Mr. Ramoji Rao in Andhra Pradesh High Court. The government advertisements were specially designed to be published on the front page below the title, which creates an impression that the Eenadu has published a positive story as a banner item. They also prepared a four-page advertisement which wraps the entire Eenadu Newspaper, exactly integrating into the unique page-make-up of its first page including the pocket cartoon. As the Government was paying the tariffs with extra percentage as fixed by the newspaper, which makes it a very huge amount, Eenadu was compelled to accept for business reasons.

In the process all the leading newspapers in Andhra Pradesh were benefited with heavy amounts through advertisements propagating the schemes of Congress government. However, the moment the notification for elections was made, Eenadu has conducted a very serious anti-congress campaign through a eight-page election supplement every day under the caption "Panchajanyam" bringing about the failures, controversies, scandals targeting the Chief Minister and his colleagues. Both print and electronic media of Saakshi did not lag behind in bringing out failures and controversies of Telugu Desham¿s nine-year rule. 

Contradictory Role of Media

 All the Telugu Newspapers in Andhra Pradesh publish either 14 or 16 page broadsheet which will be common to entire state, and tabloid district or city supplements with localized news items and advertisements. The two phases of election in AP witnessed a wonderful contradiction: the broadsheet newspaper writing in favour of a political party while its district editions and local news sheets within that supplement were selling their space for publishing favourable reports to promote some candidates. The Electronic Media too adopted similar methods to promote candidates through paid coverage in their news channels, news programmes and live coverage¿.

A candidate¿s Experience in Warangal

 Mr. P Kodanda Rama Rao, candidate of Loksatta from Warangal (West) Assembly constituency reported how the print media, especially Telugu News Papers, played a dubious role, subverting the journalistic ethics, during the election campaign period i.e., from 29th March to 16th April 2009 in our State. He represented that "the Telugu Newspapers in our State publish separate District News supplements every day along with main editions. These District Supplements were used as a source of undue publicity by the candidates. The managements of different newspapers also colluded with the candidates who paid huge sums of money for getting the advantage of publicity for themselves in the garb of news that is what a surrogate advertisement is.

The Loksatta candidate also presented a statement based on their study showing the total value of such surrogate Advertisements issued by three candidates in Warangal District from 29.03.2009 to 16.04.2009 as follows:

1.     PRP Candidate in Warangal West: Rs 8,81,134

2.     TRS Candidate     Rs.   5,11,599

3.     Congress Candidate   Rs.  10,24,105

He has also lodged a complaint with the District Election officer of Warangal District, seeking to include this amount in the election expenditure of respective candidate based on the circumstantial evidence available rather than vouchers and bills, which were deliberately not insisted upon. If this trend is not nipped in the bud, it is likely to pollute the noble principles of democracy and the role of the press in protecting it.

A study in West Godavari

 The President of Andhra Pradesh Union of Working Journalists, Mr D Somasundar, studied the ¿paid news¿ extent in West Godavari District and concluded that almost all Telugu Newspapers did a big amount of money by open Advertisements and ¿paid news¿.  

Even the newspapers published by left parties, Visalandhra (CPI) and Prajasakthi (CPI M) were allegedly not lagging behind in selling the news columns. The above table shows the money spent by candidates representing important political parties in Warangal West constituency in a backward Telangana district, and in one district of the rich Coastal District West Godavari. (The Hoot has removed names of specific newspapers because no documentary proof has been furnished. Ed.) No district or constituency in the entire state is an exception to this phenomenon. It is roughly assessed that at least Rs. 300 to 1000 crore was made by the media from the contesting candidates, which was nothing but black money.

Packages

Each and every political party candidate was forced to enter into some package deal with the tabloid newspapers as the continuous campaign of winning stories of their rival candidates created a psychological edge and left a worrying factor in their cadre. Every candidate has to shell out a minimum of Rs. 5 lakh for not writing adverse reports and publishing favourable reports. The space and frequency of exaggerated false favourable reports is directly proportional to the size of the package money.  Every such item tells the readers that such a candidate is forging ahead leaving others far behind, people are receiving the candidate with great regard. It is also reported that some pages of district edition tabloids were changed twice or thrice every day to accommodate ¿success trail¿ of different candidates in the same constituency. One report about successful campaign of candidate ¿x¿ would be confined to a particular area or that those pages are made available only to such a candidate, while another edition with a different page writes about enthusiastic campaign of candidate ¿y¿ and get that circulated as directed by that candidate. 

There was  a concerted effort to unduly influence the voters in almost all constituencies. The newspapers had offered different packages such as

a)    regularly writing favorably on front page,

b)    writing favorably in regular succession on front page with color photo,

c)     writing regularly with color photos all through the campaign session, ie, from date of nomination to date of polling with interviews, news analysis, campaign trails etc.

d)    a package to write favorably and also to do negative campaign against his rival candidates.

e)    an informative interview of the candidate with photos on condition that they should purchase 25,000 copies of the newspapers besides some consideration.

The electronic media too followed the trend set by Telugu moffusil print media and sold the slots on their channels to the political party or the candidate, showing the surging crowds for his address.  Nowhere did the media made any effort to indicate that it was a sponsored programme or sold out slot or an advertisement.

Existing laws against  unethical practices

1. Restrictions against the news pamphlets: As per section 127A of Representation of People¿s Act 1951, every pamphlet has to print the names and addresses of the printer and publisher thereof.  Subsection 2(b) of 127A says that every publisher shall send one copy of such publication to the Chief Electoral officer in the capital and to the District Magistrate in case of a district publication.  Any person who contravenes this provision shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.  The newspapers might have not violated Section 127A (1) as they generally publish the printers and publishers address every day.  But by not sending a copy to the District Magistrates, clearly marking which part of their newspaper was in the shape of a pamphlet or advertisement, they have committed a crime under Section 127 A(2)(b) which should invite a separate punishment. This section is aimed at providing a regulatory control to the governmental machinery to check unabashed false campaign during elections. Pamphlet will operate as a source and proof of false propaganda of the political party or candidate. By not sending the clearly marked publication copies to the District Magistrate these newspapers-turned-pamphlet printers denied machinery the chance of regulation and thus committed a violation of RP Act.

2. Undue influence: Such a propaganda for money camouflaged as a news item has to be examined to see whether it unduly influenced the free exercise of electoral right, which is defined as a crime under Section and 171C of Indian Penal Code and as undue influence under Representation of Peoples Act, 1951.

Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (171C(1) The punishment for the offence of undue influence is prescribed under Section 171 F of IPC, which says punishment of imprisonment up to one year or fine or both could be imposed.

3. Corrupt practice: If the content of each of such pamphlet in the guise of news item is examined, the possibility of direct or indirect interference or attempt to interfere on behalf of candidate with the free exercise of electoral right would be discovered.  In this case of package deals, the reporter or publisher were acting on behalf of the candidate as either of them took money to write such a news item during the election.

4. Ground for declaring Election void: If this ¿corrupt practice¿ of candidate through newspaper reporter or publisher by ¿sold news column¿ has materially affected the prospects of a candidate or adversely affected the prospects of rival candidate, it could become a ground for declaring election as void under section 100 of RP Act, 1951.

5. Ground for Disqualification: On proof of this corrupt practice of the candidate, he would be disqualified from contesting election, according to Section 8A of RP Act, 1951, and along with him, those who committed this corrupt practice would forfeit the right to vote Section 11-A of the Representation of People Act, 1951. The machinery of Election Commission should probe into the allegations leveled by the journalists union and Loksatta Candidate and impose disqualifications on candidates from contesting and journalists from voting in coming elections.

6. Falsity: There is a need to examine the legal implications of such camouflage news selling during elections. First of all, every such paid news contained false reporting which might lead to violation of several other legal provisions.[iii] [1]Under these sold news columns, the newspapers published comments and critical remarks about personal character or conduct of any candidate. The truth or otherwise of such comments need to be established and if proved to be false, the candidate and the newspaper reporter or printer could be prosecuted. 

7. Excessive Expenditure and Unaccounted income: These sold news columns may also amount to exchange of illegal money between the political parties or candidates and journalists. The income tax authorities have enough power to demand for accounts and tax for this amount. The political party or candidate has to reflect this expenditure in his election expenditure. After adding this expenditure for purchasing news columns if the amount spent exceeds the limit prescribed on expenditure, the consequential legal actions should be taken against such a candidate[iv].

8. Violation of TV Rules: The Cable Television Networks Rules 1994 prescribes Ten Commandments to advertisers on Cable services.  The Rule 7 says that advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscriber.  No advertisement shall be permitted which;

(i)                derides any race, caste, color, creed and nationality,

(ii)              is against any provision of the Constitution of India;

(iii)             tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way; etc.,

Other Rules say: No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end. (emphasis mine.)

All the newspapers must be given some time to voluntarily disclose as to how much  money they made and what is the amount of space they sold to the political party. They have to account for that money and pay income tax and declare before the Chief Election Officer or District Magistrate that such money is paid by so and so candidate so that it is included in the expenditure account of that candidate.

Every District Magistrate in his capacity as Returning officer or District Election Officer has to issue a notice to each newspaper and contested candidate to furnish details of the sale and purchase of news columns and also submit the copies of the publication for verification of falsity or other wise of the reports and their influence on the voters. If the influence is adverse and would materially affect the result, necessary action should be taken.

The Chairman, Press Council of India, Justice G N Ray has declared an inquiry into these unethical practices of media during the 2009 General Elections. Besides, it is the responsibility of the Election Commission of India to curb this undue influence perpetuated by the Political Parties and candidates through the Media because it is their responsibility to facilitate free and fair poll. It is not just the case of unethical practice, but a crime of false reporting, undue influence, and corrupt practice, poll crimes for which both journalists and the politicians must be prosecuted.

The author is Professor, NALSAR University of Law, Shameerpet Hyderabad. 500070. 104, Jagadamba Apartments, Gandhinagar, Hyderabad 500 080, sridhar_nalsar@yahoo.co.in