What is Yellow Journalism in India?

Introduction 

Media, known as the "fourth pillar of democracy," plays a crucial role in informing the public, holding the government accountable, and fostering democratic discourse. Journalism, at its core, involves collecting, analyzing, and presenting news, but the profession has evolved from delivering accurate information to becoming profit-driven. This shift gave rise to yellow journalism, characterized by sensationalized headlines and exaggerated stories aimed at increasing circulation. While yellow journalism was curbed in traditional print media by ethical codes like the Norms of Journalistic Conduct, 2010, the rise of new media including social media, blogs, and video platforms has revived these sensationalist practices.

In India, the absence of regulatory frameworks for new media has led to a surge in clickbait and unverified content, raising concerns about misinformation and the erosion of journalistic standards. While print and broadcast media are governed by established ethics, digital platforms operate with fewer regulations, exploiting the freedom of the press under Article 19(1) of the Indian Constitution.[1] To address this, the Indian government introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which aim to regulate online content, ensuring adherence to the 2010 Journalistic Code. These rules establish a three-tier grievance redressal mechanism for self-regulation, bring digital news under the purview of existing media ethics, and require platforms to follow journalistic standards.

Historical Evolution of Yellow Journalism 

• Yellow journalism, a term coined by Erwin Wardman, editor of the New York Press in 1897, marks a controversial chapter in the history of the press, rooted in the fierce circulation wars between The New York World and The New York Journal from 1883 to 1898.
• In 1883, Joseph Pulitzer acquired The New York World, transforming it into a sensationalist platform that emphasized scandal and human-interest stories.
• A notable feature of this period was the “Yellow Kid” comic strip by Richard F. Outcault, which depicted poverty and the struggles of marginalized communities and grew immensely popular.
• In 1895, William Randolph Hearst acquired The New York Journal and replicated Pulitzer's tactics, escalating the sensationalist rivalry by also hiring Outcault to create a version of the Yellow Kid comic for his paper, hence intensifying public sensationalism.
• This circulation battle gave rise to the term "yellow journalism," with Hearst later deemed the “Father of Yellow Journalism” for his role in using sensational reporting to push the U.S. toward the Spanish-American War.
• Frank Luther Mott, an American historian and journalist, outlined yellow journalism's key traits in 1941, including exaggerated headlines, lavish illustrations, fabricated stories, Sunday supplements, and an ostensible sympathy for the “underdog.”
• Yellow journalism came as a consequence of absolute press freedom under the American Constitution, which lacked regulatory frameworks to moderate journalistic ethics.
• W.E. Miller proposed the first journalism code of ethics in 1910 to address these practices. Although mainstream print and broadcast journalism has since distanced itself from such blatant sensationalism, yellow journalism has resurged with the advent of new media.
• Yellow journalism's key five characteristics:

1. large, attention-grabbing headlines,
2. extensive use of images or fabricated illustrations,
3. dubious sources and fake stories,
4. entertaining Sunday supplements, and
5. an apparent empathy for common people’s issues, often used manipulatively.

Yellow Journalism in India 

• Yellow journalism has long influenced Indian media, often infringing upon citizens' fundamental rights through sensationalized reporting and invasion of privacy.
• Indian media outlets, including newspapers and TV channels, frequently use sensationalism to boost ratings and profits, leading to ethical concerns.
• Common features of yellow journalism in India include “Page 3” news, dedicated to celebrity gossip, scandals, and paparazzi shots which, while widely accepted, can infringe on privacy rights.
• Some infamous cases of media sensationalism include the 2008 Mumbai terrorist attack, the Aarushi Talwar double murder case, and the Sushant Singh suicide case.
• In covering the Mumbai attack live, NDTV provided terrorists with real-time information on security positions, compromising national security and infringing upon citizens' right to safety as per Article 19(2) of the Indian Constitution.[2] Similarly, intense media coverage of the Aarushi Talwar case breached privacy rights, raising serious ethical questions.
• Although print and broadcast media in India are regulated by a self-regulatory body and the Press Bureau of India, the rise of new media has amplified sensationalism and misinformation.

New Media: The New Age of Yellow Journalism 

• New media has transformed news dissemination, making information more accessible, faster, and widespread. However, it has also opened the door to ethical challenges and violations of privacy and freedom of speech.
• Sensationalist techniques have been repurposed as clickbait exaggerated headlines designed to generate clicks and boost profits. During recent events like the West Bengal elections, clickbait content proliferated online, while controversial thumbnails were used to lure viewers, replacing traditional comic strips with digital animation.
• For instance, the YouTube channel “SoSorry” uses political cartoons to cover sensitive topics, illustrating the persistent use of entertainment to attract audiences.
• Citizen journalism, a product of new media, further complicates the landscape. Social media platforms have become a breeding ground for misinformation, with user-generated content often lacking verification.
• For example, during the COVID-19 pandemic, misinformation on Facebook about vaccine side effects led to widespread public fear, forcing the platform to delete several posts.
• Similarly, during India’s farmers’ protests, unverified content spread misinformation, including a viral video falsely implicating a Sikh farmer as a pro-Khalistan supporter. OpIndia, a right-wing portal, has been accused of spreading communal hatred and fake news, including fabricated reports of a “Bihar boy sacrificed in a mosque,” which was debunked by fact-checkers.
• On the opposite end, The Wire faced a defamation suit over an article portraying Jay Amit Shah, son of Indian Home Minister Amit Shah, in a negative light, highlighting the issue of baseless reporting. The Supreme Court has since expressed concerns over the rise of yellow journalism, stressing that press freedom should not be abused.
• The above incidents underline how yellow journalism has flourished within new media, leading to significant ethical issues and the erosion of public trust in news sources.
• Although new media has raised awareness on various issues, it has also accelerated misinformation. To curb these practices, the Indian government introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

Freedom of Press in India and Impact of New Media Journalism

• Freedom of Speech and Expression, which includes the right to a free press, is a cornerstone of democracy in India, as enshrined under Article 19(1)(a) of the Indian Constitution[3].
• Dr. B.R. Ambedkar, during the Constituent Assembly Debates, emphasized that press freedom is merely an extension of individual rights.
• While the press plays a pivotal role in holding the government accountable, ensuring transparency, and aiding public opinion formation, it is not an absolute right.
• Restrictions under Article 19(2)[4] permit limitations on press freedom in the interests of national security, public order, decency, morality, and other societal concerns.
• The Supreme Court has affirmed these principles, emphasizing that while the media has the freedom to publish and circulate news, such freedoms must be balanced against national and societal interests.
• However, the media's role in ensuring democratic transparency has been compromised by the growing influence of misinformation, fake news, and manipulation of public opinion, especially during events like the Anti-CAA and Farmers protests. This issue is exacerbated by India's declining rank in the World Press Freedom Index, highlighting concerns about the safety of journalists and governmental control.
• The advent of New Media, or digital media, has revolutionized journalism. This includes websites, social media platforms, blogs, and online streaming services that combine elements of print and broadcast media.
• It has expanded the reach of traditional media houses like The Times of India and The Hindu, which now have strong online presences, enhancing accessibility and viewership.
• New Media has introduced the concept of "citizen journalism," where ordinary people actively contribute to news dissemination through blogs, social media, and online news portals.
• This democratizes information sharing, allowing for public criticism of the government and offering alternative perspectives not often covered by mainstream media.
• However, the lack of editorial oversight in New Media has also led to the rise of unethical practices like yellow journalism, fake news, and sensationalism, which threaten the integrity of both freedom of the press and freedom of speech under Article 19(1)(a)[5].
• While citizen journalism enhances participation, it lacks the checks and balances seen in traditional media, such as fact-checking and editorial scrutiny, thus posing challenges to the quality and accuracy of news.

Information Technology Rules 2021: Introducing Ethics to New Media 

• On February 25, 2021, India’s Ministry of Law introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to regulate online content and curb unethical practices in digital news and social media.
• The IT Rules 2021 are divided into three parts: Part I outlines definitions and terminology, Part II addresses social media intermediaries, and Part III deals with the regulation of digital news media and over-the-top (OTT) platforms, bringing these entities under the purview of the Information Technology Act, 2000.
• This regulation, particularly Rule 8(1)[6], grants the Ministry of Information and Broadcasting authority over digital content, even for foreign news portals accessible in India, under Rule 8(2)[7].
• The IT Rules introduce a three-tier grievance redressal mechanism for self-regulation by digital news media and OTT platforms. Tier I requires self-regulation by publishers, Tier II introduces a self-regulatory body, and Tier III establishes an oversight mechanism to ensure compliance.
• The rules require digital news media to follow the ethical standards set by the Press Council of India and the Cable Television Networks Regulation Act of 1995, extending traditional media regulations to new media.
• The new rules also advocate for a Code of Ethics, directing digital news outlets to adhere to journalistic standards in line with the 2010 Norms of Journalistic Conduct. This self-regulation is expected to uphold ethical standards in digital journalism, helping to curb yellow journalism and restore credibility to news media in India.

Conclusion 

Freedom of the press, while essential in a democracy, is not an absolute right, given the power and influence the media holds. New media has transformed democratic discourse by offering platforms for public expression and bridging gaps between citizens and the government. However, this transformation has also brought forth the rise of unethical practices like yellow journalism, which thrives in the absence of strict regulations for digital platforms. Despite the importance of press freedom, recent instances of misinformation and fake news have fueled outrage, highlighting the darker side of new media.

Although the IT Rules 2021 aim to impose ethical standards on new media, they are only a partial solution. The problem of yellow journalism extends beyond digital platforms; it also plagues traditional media, where ethical lapses have persisted. The introduction of media ethics alone would not have prevented the chaos surrounding high-profile cases like the Aarushi Talwar murder. The real issue lies in the government's failure to establish a comprehensive regulatory framework for all forms of media. New media is often blamed, but it is the lack of effective regulation and the misuse of media freedom that allows such practices to flourish.

The IT Rules 2021 offer a step in the right direction, but they do not guarantee the eradication of unethical journalism. There are concerns that the rules might also be used by the government to control the press, with instances of journalists being detained or branded as "anti-national" for reporting the truth. Ultimately, a robust, independent regulatory framework that balances press freedom with accountability is essential to protect both the media's integrity and the public's right to accurate information.

[1] The Indian Constitution, art. 19(1).

[2] Id. at art. 19(2).

[3] Id. at art. 19(1)(a).

[4] Supra at 2.

[5] Supra at 3.

[6] Ministry of Electronics and IT, Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Rules 2021, Rule 8(1).

[7] Ministry of Electronics and IT, Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Rules 2021, Rule 8(2).

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