A Legacy Of Bias Through The Lens Of Narratology
Author: LawSphereX
Category: General Law
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A LEGACY OF BIAS THROUGH THE LENS OF
NARRATOLOGY
Deveshi Bose, BBA LLB (Hons.), Christ (Deemed to be University), Lavasa, Pune
ABSTRACT
History continues to struggle to persist as we face the challenge of spreading stories worldwide. The limitations of reasoning through the lens of narratives affect public comprehension of legal issues. Constructing media narratives within the liminal legal spaces tends to exploit the limitations and manipulate society’s sense of truth and justice. The exploration of the boundaries of the knowledge of humans within the spectrum of society is drawn by referring to historical events. A comprehensive analysis would determine how narratives disregard the reasoned analysis and how schema-based biases can distort interpretations of legal events that could hinder the application of universal moral principles. Caste was a significant social reality in India at the time of Independence. Hence, the paper shall examine issues revolving around caste-based discrimination. Media framing techniques shall be analysed to contribute towards understanding the schema-based biases that widen the ruptures of casteism. Studies stemming from multiple case studies shall be looked into as we embark upon this journey of narratives. The paper asserts that while freedom of speech and expression is of a fundamental nature, the media often neglects underlying social structures and historical realities, perpetuating biases and impeding progress toward social justice. Keywords: Media, Narratives, Bias, Schema, Culture.
Introduction History Repeats itself, first as a tragedy, second as a farce.1 - Karl Marx The historical epochs of narratives have shaped the perception of society as we witness today. The narratives presented by the media play a significant role in understanding a plethora of historical events through varied approaches. Every story has multiple angles, and the truth exists somewhere in between. This space is termed liminality, where the truth truly exists and gets covered with layers of takes by different forms of media. The media plays a significant role in shaping the stigma that revolves around the environment. Depending on the approach adopted, it may also act as a catalyst or neutraliser. Considering all these variables, the paper attempts to implement doctrinal research and attempt to have a neutral approach to understanding the present structure of society through several historical narratives. Media is not omnipotent; there are several restrictions that hold them back. However, it can indirectly affect human behaviour. Hence, it is an extremely dangerous tool that must be handled carefully. The types of narratives shall also be studied in detail, and references shall be taken from several ideological perspectives with references to case studies. Through these case studies, we understand the role of media. Communication fundamentally frames social life, and narratives shape perspectives and lay a framework for future generations to follow and believe. This paper takes us on a journey commencing with the history of media and the impact of historical narratives. Furthermore, case studies shall be taken into consideration when applying the impact of narratives. The paper is primarily divided into two parts, with the first part dealing with the analysis of narratives and further development of the theory; the second part deals with the practical application of the theory that has already been discussed. The case studies' scope will be limited to India, where international perspectives will be implemented.
1 Reed, R. (2020). Toward a meta-methodology for real-world problem solving.
https://core.ac.uk/download/328346538.pdf
This would provide us with a better understanding, and a blend of practical and theoretical aspects will form a comprehensive analysis and establish a proper structure. Additionally, it would provide a fresh perspective on the nexus between liminality and narratives and its relationship with media.
2. What is media
Media plays a crucial role in society;2 it serves as a mode of communication and ensures that there is a balance maintained in society by delivering information to the public. The modus operandi of the media structure follows a complex web of regulations driven by several principles. It is a crucial tool for any democratic system and acts as a bridge between the people and the information. Media is a plural term for medium.
2.1 Traditional Media
Traditional media is the form of media that has been used since the birth of this information delivery system. It can be broadly classified further into two categories which are: Print Media: This is the oldest form of media that evolved with the invention of the printing press by Johannes Gensfleisch zur Laden zum Gutenberg, a German craftsman and inventor. This marked the beginning of the evolution of Media. Broadcasting Media: This was introduced towards the beginning of the 20th century with the advent of radio, where Guglielmo Marconi introduced the first apparatus for long-distance radio communication. This was followed by the invention of the Television by John Logie Baird and Philo Taylor Farnsworth.
2.2 Modern Media
Modern media constitutes a form of communication which is transmitted electronically. It adopts the characteristics of modern times by implementing new technologies and making the process of communication much faster. This modernist principle has witnessed mediums such as the internet, the advent of social media, and several other facets of modes of communication. Postmodernism is a transitional phase of the social, cultural, economic and ideological history
2 Mgibisa, M. (2017). The media wars and their discourses in the South African print media.
https://core.ac.uk/download/188776507.pdf
when modernism’s high-minded principles and preoccupations have ceased to function. Still, before, they have been replaced with a totally new system of values.3 With the emergence of new social media platforms such as Instagram, Facebook, Twitter, WhatsApp and several others, the flow of information has accelerated significantly. It has impacted society due to the presence of a plethora of narratives that are hard to tackle. It becomes difficult for an average prudent person to determine the truth and come to a conclusion. This has not been adequately addressed within the legislation, creating an immense scope of ambiguity and confusion among the people.
2.2 Media Bias
Media is a crucial form of communication system that influences the people residing in their society. Hence, media organisations have a high sense of responsibility. Media bias creates an environment that is comprised of a distorted lens of reality. This impacts public perception and hence plays a vital role in challenging the structures upon which society is formed. The presence of prejudice and hatred towards something can result in media biases where one can benefit from propagating the altered versions of the truth. This can be caused by journalists, the movies, or several other platforms that have been discussed above. To take an example, what constitutes obscene depends on the public perceptions often faced by the media. Any media bias can impact the same and, in turn, the legislation. There are several movies that may get banned due to such biases. The state narratives may also act as the driving force and disrupt the right to freedom and expression that has been engraved within Article 19 (1) (a) of the Constitution of India4. Media biases emerge from the ideological leanings towards the sources that are cited; this can be further analysed through the ‘ideological scores’5. Ideological scores refer to a numerical value assigned to media outlets or individuals based on the perceived ideological leanings of the sources they cite. Furthermore, the media biases can also form the grundnorm towards the birth of the schemabased biases. Grundnorm was enumerated by Hans Kelsen, one of the great philosophers who stated grundnorms to be the basic norms that impact the traditions and cultures of a society. 3 Debashis “Deb” Aikat, “Traditional Media,” in Traditional and Modern Media, Encyclopedia of Life Support Systems, EOLSS Publishers, [1 May, 2024], http://www.eolss.net/SampleAllChapter.aspx.
4 The Constitution of India, 1950, Art. 19(1)(a).
5 Groseclose, Tim, and Jeffrey Milyo. “A Measure of Media Bias.” The Quarterly Journal of Economics, vol. 120, no. 4, 2005, pp. 1191–237. JSTOR, http://www.jstor.org/stable/25098770. Accessed 2 May 2024.
Hence, media biases can impact their roots, resulting in schema-based biases. Schema-based biases. These schemas also play a role when the individuals take in new information that can also be determined through the schemas that are already engraved within the minds of the individuals. People tend to communicate narratives to minimise the challenge, i.e., (deflection) of their internalised cultural values. This results in a bias towards information that reinforces existing cultural norms, resulting in cultural consistency bias.
3. What are narratives
Narratives are forms of interpretation that are determined by people from different spectrums. This forms several sides of a story. Hence, there are several types of narratives that shall be discussed below. Media narratives also play a significant role in determining the narratives of several other subjects. The inclination of the media narratives also determines the future of the very incident. Hence, the media's interpretation of a certain incident can strongly impact the consequences and how the story weaves itself. The power conferred on the media by the narratives is extremely high. It becomes a determinant factor, and if used improperly, it can have a severely damaging effect on society itself. Public opinion plays a crucial role. In a country like India, the media holds a strong position with a plethora of ways through which public opinion can be manipulated towards a situation. It can also impact judicial decisions and influence the very birth of several legislations. It determines the flow of behaviour that the government may take due to the narratives' influences.
3.1 Types of Narratives
We have looked into the significance of narratives and the impact they have on society. Hence, we shall look into the types of narratives to better understand the roles of narratives in a legal manner and the societal aspects.
3.1.1 Dominant narratives
Dominant narratives are also known as the grand narrative or the metanarrative. It has the strongest position based on that particular state's culture and behaviour. Examples of dominant narratives can be found in the media on several occasions. The dominant narratives are repeated repeatedly, which normalises the story itself. It gets engraved into society and becomes a powerful tool for controlling the behaviour of people. They might also result in schema-based
biases later on, which we will look into later. ‘The Times of India’ in one of their articles, portrays the nature of dominant narratives in a beautiful manner 6 This article emphasises how the dominant narratives can be perpetuated without any mens rea by the persons who aren't even directly involved in acts of oppression. The entire process that has gained the status of being a dominant narrative becomes difficult to take back and then implement new legislation that should be incorporated in the present times. This can be witnessed through laws of sedition, where even though several narratives go against the same, the narrative of it being important has not left the lawmakers' minds. Hence, it can be seen that even though Section 124A of the Indian Penal Code7 has been deleted in the new Bharatiya Nyaya Sanhita Act of 2023, it has not completely been removed. The same can be traced through Section 152 of the Bharatiya Nyaya Sanhita Act8 of 2023. The vestige of the colonial laws still leaves its traces through the new section by merely replacing the word with an act against endangering India's sovereignty, unity and integrity.
3.1.2 Hegemonic Narratives
These narratives are political in nature and are inclined towards the same. They reinforce the status quo and the power structures that they benefit from. Memory politics is a tussle between different parties where each party portrays a dire attempt to shape the narrative in their favour. Oftentimes, we can refer to it as the whitewashing of history. This is closely related to the state narratives that shall be discussed in the next section. This can be witnessed on various levels, from local to international. These can be witnessed in several narratives; one of the most relevant ones is the narratives from the World War, where the winning parties were portrayed as heroes. This was followed by the Nuremberg and Tokyo trials, which further depicted the repercussions of the hegemonic narratives. With reference to the previous example related to the sedition laws, the article on the comments of Amit Shah9 is a perfect example of the hegemonic narrative where media plays an important role towards conveying the narratives to the people, which will be engraved on the stones of history.
6 Dass, Madhuri. "Taking Back the Narrative." The Times of India, December 15, 2022.
https://timesofindia.indiatimes.com/us [accessed on 2nd May, 2024]
7 Indian Penal Code, 6 October 1860, § 124A.
8 Bharatiya Nyaya Sanhita Act, 2023, § 152..
9 Mathur, Aneesha. "Rajdroh vs Deshdroh: Amit Shah Says New Law Won't Punish Criticism of Government." India Today, December 20, 2023. https://www.deccanherald.com/india/parliament-live-december-20-indianpolitics-lok-sabha-rajya-sabha-opposition-suspended-mps-bills-passed-today-2818430 [accessed on 2nd May, 2024]
3.1.3. State Narratives
State narratives are the ones given by the parties in power that can often be used to change the flow of history itself by altering the facts and circumstances. These narratives can impact history significantly and alter the course of events that occur in the later stages of time. Several instances can be inferred from the state narratives. At international levels, it can be seen through international organisations such as UNESCO and other bodies. The role of delivering news through media during the COVID-19 times by World Health Organisation is the epitome of the implementation of state narratives that control the mindset and behaviour of a large portion of the population. State narratives can also influence the laws that govern this country. The Bharatiya Nyaya Sanhita Act is one of the examples of the implementation of the state narratives through a legal framework. The political views on homosexual marriage rights. The political perspectives that create legal cracks in the system itself. Furthermore, the radical perspectives can also rile internal conflicts in the country that may lead to serious issues later. State narratives inclined towards propagating hatred towards a particular class and stirring such ideologies within their nation can instigate the public in a very wrong manner that widens the legal cracks until it overflows and ends up going out of control.
3.1.4. Counter Narratives
The counter-narratives come from the persons who have experienced them. They can be contradictory to the state narratives. These often challenge the state narratives, and the truth usually lies within the passages between these blurred lines of state and counter-narratives. The watchdog narratives go against the state narratives. Whistle-blowing can be considered a proper watchdog narrative. The Snowden case was a perfect demonstration of a counternarrative. The products of wars and riots and the persons who have lived through the incidents often have a different view than the ones published and are working towards instigating the generations to come. These revolutionary narratives can be in the form of songs, movies and several other kinds of narratives. The movie ‘Devi’10 by Satyajit Ray can be seen as an example of the counter-narratives that take the angle of religious dogmatism that stirred and impacted public
10 Devi, Satyajit Ray, Satyajit Ray Productions., [February 19, 1960.]
opinion. It is still one of the most popular films today.
4. Decoding Media Law in India
Mass media refers to the ones that spread over a large audience and cover a vast area. This term was coined during the 1920s. The mass media ensures mass reach, accessibility and influence. The narratives can only be done truly when they are not state-controlled and there is freedom engraved within them.
4.1 Freedom of Press
This is one of the first steps towards delivering the narratives without it getting corrupted by the state narratives that attempt to paint themselves white. Article 19 of the United Declaration of Human Rights and Article 19 (2) of the International Covenant on Civil and Political Rights,
1976 ensures the freedom of the press internationally and sets the ground rules for the states to
follow. In India, it has been engraved within Article 19 (1) (a) of the Constitution of India 11. The Constitution does not expressly state the freedom of the press like the one in the United States. During his Constituent Assembly Debates, Dr Ambedkar stated that the press has no special rights, but all citizens can exercise their rights within their individual capacities. However, several restrictions are also present within the same, which have been engraved within Article 19(2) of the Constitution of India12. In the case of Sakal Papers v Union of India13, the elements of the Freedom of the Press were discussed. This included (a) Freedom of access to all sources of information, (b) Freedom of publication, and (c) Freedom of circulation. Furthermore, in the case of Romesh Thapar v State of Madras, the Supreme Court tested the limits of freedom of the press by pointing our the actions that were held to be against the freedom of speech and expression. Acts such as pre-censorship is also an infringement on freedom of speech and expression, as stated in the case of Brij Bhushan v State of Delhi14 that dealt with the validity of Section 7 of the East Punjab Safety Act, 194915. The scope of freedom of speech and expression enables people to express their opinions and
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12 The Constitution of India, 1950, Art. 19(2)
13 1962 AIR 305, 1962 SCR (3) 842, AIR 1962 SUPREME COURT 305
14 1950 AIR 129, 1950 SCR 605, AIR 1950 SUPREME COURT 129, 1963 MADLW 934
15 East Punjab Safety Act, 1949, Section 7.
ideas through several mediums, which may be visual or communicable. It confers the right to propagate and let other people’s views in the open market. The right to acquire and import common interest ideas also falls under this Article's ambit. The scope of the reasonable restrictions is also mentioned within Article 19 (2)16. These include; ● The sovereignty and integrity of India; ● The security of the State; ● Friendly relations with foreign States; ● Public order; ● Decency or morality; ● In relation to contempt of Court, ● Defamation; ● Incitement to an offence. All of these exceptions are heavily influenced by the narratives that may result in schemas that become schema-based biases. Hence, the Indian government does not expressly recognise the impact and mention the roles of narratives. However, it does incorporate the same and is related to the same.
5. Conclusion
In the tapestry of India, a multitude of voices rise in the harmonious dissonance resulting from the vibrant threads of culture and tradition. With a diverse set of cultures and traditions embedded within the society, a plethora of perceptions inevitably adds to the grand narratives of the land. Hence, it is crucial to understand the consequentialism of such narratives and do the same by going through the chronological events and trying to clear the blurred lines. Counter-narratives are often treated negligently and act as a crucial source. Hence, to maintain utilitarianism throughout the state and ensure that the natural laws are upheld, it is of utmost
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importance that the narratives are looked upon properly by getting into the roots of the same. This ensures an egalitarian society that provides everyone with the Freedom of Speech and Expression. The narratives should not just be acknowledged but also celebrated. Legislative proposals can be made to recognise the importance of narratives empowering everyone to understand their rights and their consequences. This paper attempts to draw the significance of narratives. It suggests that the legislation of India recognises the same and attempts to regulate the state narratives and recognise the counter-narratives.