Media’s Strategic Management: A Paradigm Shift from Management Aspect towards Legal Options

  • Dr Siddiqui Lubna Javed Hasan and Dr Zartab Ansari
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  • Dr Siddiqui Lubna Javed Hasan

    Asst. Professor at Savitribai Phule Pune University, India

  • Dr Zartab Ansari

    Principal at K.B.C. North Maharashtra University, Jalgoan, India

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Abstract

Media is the fourth pillar of the democracy and has a crucial role in dissemination correct information to the people of the country. Media ethics are the base upon which effective management strategies are to be adopted; so that people are able to enjoy freedom of receiving information which is not only correct but fruitful. Proper and truthful information helps in building up a strong nation where people are enlightened and abreast about right information. In present day times media: both press as well as electronic have diverted from effective management strategies thereby paving way for legal options. Incorrect or false information by playing with the vocabulary has tarnished the image of the media in a free society to such a great extent that people are searching means to verify the facts laid before them by the media personnel. Hate mongering and false news are the new strategies adopted by the media to fool the people; thereby giving rise to legal issues.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 436 - 450

DOI: http://doi.one/10.1732/IJLMH.26084

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021

I. Introduction

Media management is an area of business administration that deals with organizing and supervising teams of media professionals, various mass communication channels and technologies, media and entertainment productions, and more. Media managers make use of organizational skills, marketing strategies, media economic understanding and the knowledge of different software tools utilized in media productions. However in present day times inefficient management strategies of media houses are becoming one of the several causes of increasing communalism and hatred than those vilified by it are opting for legal options. Freedom of speech and expression is base for democracy but while using this freedom the media is infringing others civil rights and liberties. Implementation of Laws against fake news are becoming a global concern as there are apprehensions that it may cause threat to legitimate news as well. Even the legitimate news sites sometimes offer misleading content leading to communal disharmony and social stratification.

  • Research Statement

Media has lost its past glory due to ineffective managerial strategies adopted by it; which has given rise not only to severe ethical and legal issues but in fact it has become one of the core factors for social stratification in India owing to religion and caste.

  • Aim

The present research tries to explore new strategies through which correct information is provided to the viewers so that media can regain the trust of its viewers.

II. Objectives

  • To find out effective management strategies that can help media to broadcast free and unbiased information.
  • To find out people’s opinion about the present day media.
  • To study the perspective of journalist as to why they are adopting unethical short cuts to reach the top pedestal.
  • To explore legal options available against hate mongering and wrong information given by media.

III. Hypothesis

Hypothesis No. 1

H0: There is a no significant relationship between effective management strategies & authorities failing to perform their duties.

H1: There is a significant relationship between effective management strategies & authorities failing to perform their duties.

Hypothesis No. 2

H0: The media have no significant relationship with Religion/caste.

H1: The Media have significant relationship with Religion/caste.

Hypothesis No. 3

H0: There is a no relationship between people lost of faith in media and Hatemonger’s.

H1: There is a relationship between people lost of faith in media and Hatemonger’s.

IV. Research design

The present research is exploratory in nature and is based upon primary data to quite a larger extent. For the purpose of basic information such effective media management strategies secondary data from news reports, articles have been relied upon and for legal options various available statutory provisions are referred. Other information is based upon primary data collected on the basis of online survey report. .

V. Research methodology

The present research is based upon empirical data collected from management personals relating to effective management strategies that can curb unethical practices adopted by media, legal experts, Doctors and Engineers. The questions for are based upon strategic management relating to dissemination of media reports; various legal options available against media personal for disseminating fake news and perception about present day media.

The survey contains a standard core of demographic and attitudinal questions, plus topics of special interest. Data for the present analyses were gathered by the wave of survey due to the inclusion of a special interest section addressing a range of knowledge and attitude towards media. These data were analyzed using SPSS software. ANOVA, Chi-square & F test enables statistical researchers to determine multiple relationships among variable.

VI. Literature review

Kung (2008)[4]: there are number of strategies central to the media sector, such as technological change, organizational structure, leadership, and creativity and innovation. A.Singh (2018): The Indian legal system does indeed have some teeth to tackle instances of fake news or rumors, be they in the real world or online.[5] S.Rao and K.K.Malik(2018[6]): the journalists and editors are facing certain challenges such as cross-media ownership, which fosters a political economy focused on revenue generation rather than journalism in public interest. Zaczkiewicz (2019[7]): In present media environment, technology is being used as a double-edged sword;  on one hand technology helps journalists to gather, process and share information, and on other hand it also has empowered new forms of propaganda and fake news  which is a threat to journalism and media freedom as well as democracy. P. Sinha[8] (2019)[9]In India, the problem of fake news has reached massive proportions in the last five years in India. ASEAN POST (2019)[10] Fake news is a serious matter; which has caused deaths of many through numerous lynching incidents. If steps are taken to counter fake news it may infringe the right of freedom of press and hamper its ability to play watchdog. For balancing press freedom and curbing fake news fact-checking initiatives are the way forward and not legislation. N.Sharma (2020) [11]Journalism is not a crime, and fake news is not journalism.  S. Banaji [12](2020)[13] : the Indian media has deteriorated in past six years and there is no semblance of truth or responsibility left in the vast majority of media reports.

VII. Effective management strategies for media

The functioning of media has been revolutionised in the digital era. However instead of concentrating on proper source and strategies some of the media houses are using digital media platforms to deceive, mislead, or harm others through creating or disseminating fake news and disinformation. Some sites impersonate as actual media sites and disseminate false or misleading information deceiving the public and playing the role of hate mongers. Media needs to adopt effective management strategies to combat fake news and refrain from misreporting; such as: Supporting investigative journalism, reducing financial incentives for fake news, and improving digital literacy among the general public, making it hard to monetize hoaxes.[14] Privatization and information co modification must not lead to loss of heterogeneity and diversity[15]Media houses must have intellectual curiosity and must avoid recycling absurdities into variants[16]. To serve the public media organisations should ensure to enforce core values and adopt code of conduct; and must be accountable to people through press council or editors or an ombudsman[17]. A transparent and independent coverage of content must not be compromised by ‘soft pressure’ or financial dependence[18]. Media Anchors must avoid media trials and becoming self proclaimed Judges because by doing this they are encroaching the judicial functioning. Majority of Media houses in India are owned by politicians this adversely affects the management strategy of transparency and accountability rather the channel promotes political agenda.

VIII. Legal options

Free publication or broadcast of news in India flows from the fundamental right to freedom of speech and expression, which is guaranteed by the Constitution under Article 19(1) (a); but this right is not absolute it is subject to reasonable restriction given under Article 19(2).India does not have specific legislation to cover the matters related T.V media news anchors spreading fake news nor against other people on social media or print media.  However few legal options are available to the victims take can be taken recourse to such as Indian Penal Code 1860 has some sections to deal with fake news.First Information Report (FIR) can be filed against the person spreading fake news under section 153 of IPC; for “wantonly giving provocation with intent to cause riot and under Section 295, for “injuring or defiling place of worship with intent to insult the religion of any class” Under Section 499 of IPC defamation is a criminal offence. As per Section 500 of IPC punishment for criminal defamation is prescribed that can extend up to a jail term of two years with or without fine. Section 66A of Information and technology Act, 2000 has been declared unconstitutional now[19]; hence cannot be used.

Apart from the above statutory provisions there are certain regulatory, statutory bodies and councils which can probe complaints against broadcasters and publishers f news paper in fair manner. These bodies include:

  • The News Broadcasters Association (NBA) which represents the private television news and current affairs broadcasters. It is a self-regulatory body which probes complaints against news broadcasters in a fair manner.
  • The Indian Broadcast Foundation (IBF) was created in 1999 it is empowered to look into the complaints against contents aired by 24×7 channels. Complaint against any broadcaster can be filed in English or Hindi to IBF online or offline for abusive content.
  • Then there is the Broadcasting Content Complaint Council (BCCC). A complaint relating to objectionable TV content or fake news can be filed to the Broadcasting Content Complain Council if a broadcaster incites communal hatred, encourages violence.
  • The Press Council of India is a statutory body which was created by an Act of Parliament, According to the Press Council Act, 1978, it can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct.

IX. Data analysis & interpretations      

Sr.no. Demographic Characteristics Frequency Percentage
1 Gender Male 127 67.50%
Female 73 32.50%
2 Age-Group 20-30 21 10.50%
30-40 103 51.50%
40-50 54 27.00%
50&Above 22 11.00%
3 Religion Muslim 65 32.5%
Hindu 87 43.50%
Sikh 31 15.50%
Christian 17 8.50%
4 Occupation Professional 93 46.5%
Doctor 65 32.50%
Legal Advisor/ Lawyer 17 8.50%
Engineers 25 12.50%
5 Annual Income 3-5 lac 17 8.5%
5-10 lac 69 34.50%
10-15 lac 42 21.00%
15 &Above 72 36.00%
TOTAL 200 100

Interpretations:

Table 1 reveals that general profile of respondents in the study area. As regards the age of the respondents 52% of the respondents are aged 30-40 group, 27% respondents are from 40-50 age group, 11 % respondents are from 20-30 age group & 50 & above.

An analysis of gender classification reveals that 68% approximately from male and 32% respondents are female. An empirical classification and its analysis revealed that 47% respondents are employed in some private organization, 32% respondents are Doctors, and 12% are Engineers and 9% Legal Advisors /Lawyers respectively.

An analysis of their income revealed that about 36% respondent’s annual income is 15lac & above, 34% respondents are between 5-10 lacs, 21% respondents are in 10-15lac range and 9% respondents were found to have annual income of 3-5lac.

Q2. Are you aware about Media houses being owned by politicians & feel that it is adversely affecting Media Ethics ?

Sr.no.  Media houses are owned by politicians that is adversely affecting media ethics? No. of Respondents
1 YES 112
2 NO 69
3 MAYBE 19
TOTAL 200
Source: Online Survey- April (2020) T

Interpretation:

Around 56% of respondents are aware that major media houses are owned by politicians and this is adversely affecting media ethics.

Q3.  Whether Fake news has led to social stratification on basis of religion & Caste?

Sr.no. Fake news has led to social stratification on basis of religion and caste? No. of Respondents
1 YES 107
2 NO 73
3 MAYBE 20
TOTAL 200
Source: Online Survey- April (2020)

Inferences:

More than 50% of respondents hold fake news and hatemongering responsible for polaralisation on basis of religion and caste.

Q4. Are you aware about the media regulatory authorities?

Sr.no. Are you aware about the media regulatory authorities? No. of Respondents
1 YES 123
2 NO 43
3 MAYBE 34
TOTAL 200
Source: Online Survey- April (2020)

Inferences:

Most of the professionals like journalist, lawyers and even some common people are aware about media regulatory authorities and their presence.

Hypothesis No. 1

H0: There is unfavorable relationship between effective management strategies & authorities failing to perform their duties.

H1: There is favorable relationship between effective management strategies & authorities failing to perform their duties.

ANOVA
Source of Variation Sum of Squares Degree of Freedom Mean Square F-Ratio
Between Samples 7087 1 7087 2.33
Within samples 24322 8 3040.25

Interpretation:

From the above table, for 1 degree of freedom between the samples & 8 degree of freedom within the sample, the critical value of F at 5% of level of significance is 5.32. The calculated value is less than the table value i.e. 2.33<5.32. Therefore the null hypothesis is accepted.

It can be inferred, that there is unfavorable relationship between effective management strategies & authorities failing to perform their duties.

Hypothesis No. 2

H0: The media have no significant relationship with Religion/caste.

H1: The Media have significant relationship with Religion/caste.

Contingency Table of Observed Frequency

Sr.no. Religion/Caste Yes No Total
1 Muslim 52 13 65
2 Hindu 50 37 87
3 Sikh 22 9 31
4 Christian 5 12 17
Total 129 71 200

Expected Frequencies = Row Total x Column Total/ Grand Total

Contingency Table of Expected Frequency

Sr.no. Religion/Caste Yesꭕ No Total
1 Muslim 41.92 23.07 65
2 Hindu 56.11 30.88 87
3 Sikh 19.99 11 31
4 Christian 10.96 6 17
Total 129 71 200

Chi square Calculation: –   ꭕ2

Computation of Value of Chi-Square

O E O-E (O-E)2/E
52 41.92 10.08 2.42
50 56 -6 0.64
22 19.99 2.01 0.20
5 10.96 -5.96 3.24
13 23.07 -10.7 4.96
37 30.88 6.12 1.21
9 11 -2 0.36
12 6 6 6.00
19.03
Source: Online Survey- March (2020)

 = 19.03

Degree of Freedom df = (8-1)

Df = 7

P = 0.05%

Level of significance: a = 5% = 14.067

The table value of chi square for seven degree of freedom at 5% level of significance is 14.067. The calculated value of chi square is 19.03 more than the table value, hence null hypothesis is rejected. It means the media have significant relationship with Religion/caste.

Hypothesis No. 3

H0: There is a no relationship between people lost of faith in media and Hatemonger’s.

H1: There is a relationship between people lost of faith in media and Hatemonger’s.

Contingency Table of Observed Frequency

Sr.no. Media is Responsible for hatemongering Yes No Total
1 Strongly Disagree 06 01 07
2 Disagree 08 00 08
3 Neutral 10 07 17
4 Agree 45 07 52
5 Strongly Agree 112 04 116
Total 181 19 200

Expected Frequencies = Row Total x Column Total/ Grand Total

Contingency Table of Expected Frequency

Sr.no. Media is Responsible for hatemongering Yesꭕ No Total
1 Strongly Disagree 6.33 0.66 7
2 Disagree 7.24 0.76 8
3 Neutral 15.38 1.61 17
4 Agree 47.06 4.94 52
5 Strongly Agree 104.98 11.02 116
Total 181 19 200

Chi square Calculation: –   ꭕ2

Computation of Value of Chi-Square

O E O-E (O-E)2/E
06 6.33 -.033 0.01
08 7.24 0.76 0.07
10 15.38 -5.38 1.88
45 47.06 -2.06 0.09
112 104.98 7.02 0.47
01 0.66 0.34 0.18
00 0.76 -0.76 0.76
07 1.61 5.39 18.04
07 4.94 2.06 0.86
04 11.02 -7.02 4.47
26.83
Source: Online Survey- March (2020)

 = 26.83

Degree of Freedom df = (10-1)

Df = 9

P = 0.05%

Level of significance: a = 5% = 16.919

The table value of chi square for nine degree of freedom at 5% level of significance is 16.919. The calculated value of chi square is 26.83 more than the table value, hence null hypothesis is rejected. It means there is a relationship between people lost of faith in media and Hatemonger’s.

Q8. Which of the following strategies are crucial for media management?

Sr.no. Strategies are crucial for media management No. of Respondents
1 Transparency 29
2 Authenticity 36
3 Truthfulness 26
4 Act of Balancing 14
5 All of the above 95
TOTAL 200
Source: Online Survey- April (2020)

Inferences:

The people feel that transparency, authenticity, truthfulness and act of balancing all are crucial for media management.

X. Conclusion and suggestions

Media is considered as fourth pillar of democracy, in India there is no specific fundament right to freedom of press but the right flows from freedom of speech and expression under article 19(1)(a) of the constitution. Media has a crucial role of dissemination free and fair information to the people and to apply fair criticism. With the advent of technology the media has lost its past glory where public opinion was created and people were well informed about the working of democracy. Present day media has failed to adopt effective management strategies to disseminate free and fair information infact it is merely bootlickering those in power. Spread of misinformation or fake news has become order of the day wherein media personals are playing the role of hatemonger and thereby threatening communal harmony and dividing the society on the basis of religion and caste. The media regulatory authorities are merely toothless tigers which seldom take action against the hatemongering anchors. As per the Data of press freedom ranking 2020 India ranks 142.

Half hearted attempts by government such as withdrawal of defamation bill of 1988 and present governments have taken a u-turn on press release against accreditation of journalist for fake news are major cause of concern for fair and free journalism.

Hence the researchers have some suggestions for regaining people’s faith in media houses.

  • Media must adopt the effective management strategies and follow the ethical code of conduct and rely on investigative journalism rather than relying on hoaxes.
  • Editors and managers must verify the new before broadcasting.
  • The media houses must be fair and impartial as it is the fourth pillar of democracy.

A comprehensive legislation must be enacted by the Parliament striking a balance between freedom of speech and expression and free and fair information; according to which dissemination of fake news and hatemongering must be made a penal offense. Fair investigation must be done by broadcasting authorities and on confirmation of fake news the particular anchor or journalist covering the story must be suspended for a period of six months for not rendering apology the services must be terminated and deterrent punishment must be inflicted of such a nature that the violator is not hired by any other media house be it print or electronic.

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[3] The DailyO political editor (Now terminated) for this tweet.

[4] L.. Küng, (2008). Strategic management in the media: From theory to practice. 10.4135/9781446280003.

[5] A.Singh, “Limited legal options on fake news lead to internet shutdowns”, July9,2018 https://www.livemint.com/Politics/76zXYOh8xQ9Jr2n2m9JQEL/Limited-legal-options-on-fake-news-lead-to-internet-shutdown.html May5,2020 12:59A.M IST

[6]S. Rao & K. K. Malik(2019)Conversing Ethics in India’s News Media,Journalism Practice,13:4,509-523,DOI: 10.1080/17512786.2018.1491321

[7] A. Zaczkiewicz(2019),” Fake News: A Threat to Press Freedom, and Democracy”,

[8] P. Sinha, founder of Alt News, a fact checking website to combat fake news

[9] T.Dhara, “Alt News co-founder Pratik Sinha on the fake-news ecosystem in India “, Caravan Magazine , March 8,2019

[10]Between fake news and press freedom”,

[11] N.Sharma, “Journalism is Not a Crime…and Fake News on Social Media is Not Journalism”,Inter press news service agency, May4,2020

[12] a media professor at the London School of Economics.

[13] V.Goel and J. Gettleman, “Under Modi, India’s press is not so free anymore”, The New York times https://www.nytimes.com/2020/04/02/world/asia/modi-india-press-media.htmlMay 5,2020 12:53 A.M. IST

[14] D.M West, “How to combat fake news and disinformation”, Dec18,2017 https://www.brookings.edu/research /how-to-combat-fake-news-and-disinformation/ May5,2020 2:01 A.M. IST

[15] S.D.Bhaumick, “dear media houses when you are owned by political parties/corporate, then you can’t be hypocritical and cry foul!”, may17,2017

[16] P.A.Mishra, “India needs Azadi from biased media: it is killing Indian democracy”, National Herald Nov25,2019

[17] As accessed from  www.accountablejournalism.com May 5,2020 5:45P.M IST

[18] http://india.mom-rsf.org/en/findings/politicalaffiliations/ May6,2020 5:51P.M IST

[19] Shreya singhal v. Union of India (2013) 12 S.C.C. 73


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