Precarious Condition Of Photo Journalists - A Legal Analysis
Author: LawSphereX
Category: General Law
Published:
Updated:
PRECARIOUS CONDITION OF PHOTO JOURNALISTS: A
LEGAL ANALYSIS
Mrs. S. Mano, Research Scholar (Part Time) & Assistant Professor, Government Law College, Chengalpattu Dr.J. Vijayalakshmi, Research Supervisor, Director of Legal Studies, Directorate of Legal Studies
ABSTRACT
Photo journalists are journalists who convey the news through the photos. The Print media is already facing issues due to digitalization, in that the division of Photojournalists are one whose profession is endangered due to the Smart Phones with highly efficient cameras. Citizen considered themselves as journalist and use their mobile as digital tool to convey their ideas through various social media platforms. In multitude way like the Mobile journalism, Social Media platforms, online journalism and citizen centered journalism are threatening the journalist’s profession especially tries to replace the photo journalists. Mobile phone photography and smartphone photography are rapidly developing nowadays. People also want breaking news, scrolling news, visual news, podcasts and video contents that too in a short duration. Multiskilled journalists are required for multiplatform delivery.
Skill gap analysis is required in the photo journalist’s profession to meet the future technical challenges. This profession is important in archiving very rare historical events, social, political, economic crisis and disasters of the world for the past century. Photojournalists works are more reliable, authenticated and they are accountable unlike the mobile phone photographers. This research focusses on the precarious condition of photo journalists due to the technological impact and legal challenges pertaining to photo journalists. Keywords: Photojournalists, Smart phones with camera, Social Media Platforms, Skill gap analysis, Working Journalist Act
INTRODUCTION:
Informing the public about day to day international, national and regional events is the primary work of media. Apart from that, they educate the public about different fields by scholarly articles from different subject experts. Initially, prehistoric people used drawings, paintings, rock arts for communication later these were replaced by the rock inscriptions with the languages created by human beings. Human beings started to preserve the palmyra leaves, metal plates and started to spread their creative ideas to other people. After the invention of paper and ink the handwritten scripts were created by the thinkers to present their ideas. Because of the invention of the printing machine in Europe the phase of industrial revolution started.
Europeans started to print great thinkers’ ideas in the paper initially as pamphlets and it paved the way for many revolutions in the colonial countries and freed them as independent states. The power of mass communication realized during those revolutions. Various newspapers are started throughout the world to inform people about various happenings in the society. People are informed and educated by the newspapers. Especially in India it played a vital role in freedom fighting movement. Bengal gazette was the first newspaper was started by Hickey in India. Indian Leaders turned as writers to address the masses and it made to realize the power of pen against the British Government. It was the reason for the creation of press censorship enactment like Vernacular Press Act to control them. Later so many newspapers were established.
Now as the most populous country India has 1, 46,045 1 publications as on 31st March 2022 more specifically
20821 newspaper category and 1,25,767 periodical categories throughout the country. These
publications are classified as International, National and Regional newspapers. These newspapers informing the social, political, international relations, sports, environment, crimes etc. , of world happenings as International, national and local news. The number of regional newspapers is increased due to the importance given by public to local news in their regional language. Newspaper industry is one of the largest industries in India because of its bulk worthiness. Mass communication has been changed tremendously by the technological innovations as print media, radio media, television media and finally by electronic media or digital media. The bedrock for every newspaper industry is working journalists and their work is core part of that industry. The very function of that industry is lying on the work of the 1REGISTRAR OF NEWSPAPERS OF INDIA. https://rni. nic.
in/all_page/press_india. aspx https://www. statista. com/aboutus/our-research-commitment/2341/tanushree-basuroy
working journalists and other newspaper employees are completing the work by printing, transporting and distributing. In Print media the photo journalists played a major role. “Photo journalism is a particular form of journalism (the collecting, editing and presenting of news material for publication or broadcast) that creates images in order to tell a news story.”2The photos of the event have been given equal weightage to the content of the particular event. Pages of newspaper article can be explained by a single image and even unexplained things can be understood by photos and its impact is very intense. This research focusses on the precarious condition of photo journalists due to the technological impact and challenges addressed by different labour laws pertaining to the photo journalists.
HISTORY OF PHOTO JOURNALISM:
The first photo journalist was Carol Szathmari who took pictures on Crimean war. Illutstrated London News published some of the pictures of William Simpson and Harpers Weekly published Mathew Brady’s Photographs on American Civil War. Until 1880’s the photographs were published as engravings and in the later years of 1880’s the Daily Graphic of New York published the reproduce halftone photographs. The photography is the result of scientific and technical inventions of cameras which initially took eight hours to expose the image which was produced by Nicephore Niepce in France. But in the year 1925 remarkable invention of Leica Camera 35mm and flash bulbs were made possible to transmit pictures and that is considered as golden age of photo journalism. Letterpress technology was used until 1980’s and later developed offset presses which helps to reproduce photos on white paper.
Certain Magazines like Life, the Best of Life reproduced photographs in a beautiful manner. Digital photography is developed for the easy delivery of images in high speed. Now the digital images are produced and edited according to the digital photographic procedures.
HOW THE PHOTO JOURNALISM IS DIFFER FROM OTHER BRANCHES OF
PHOTOGRAPHY:
Photography may be event photography, celebrity photography, documentary photography, wild photography, street photography, sport photography etc., but the photo journalism is completely differed from these photographies due to the Timelines, object and narration of the event associated with the stills. “A photojournalist is thus a reporter who undergoes the
2 DEEPAK KUMAR.Photo and Print journalism. 1 (Pearl Books Publications 2017)
pressure of deadlines by the photograph editor and is judged by the efficiency and quality of his work”3 Photo journalist does the same thing a reporter does, only they use a camera instead of a notebook.4 He must say the truth like the reporter. Digital images can be altered within the permissible limits allowed.
IMPORTANCE OF PHOTOJOURNALISM AND REMARKABLE PHOTOS:
War photojournalism make tremendous impact on the world and the intensity of the war and the course of the war can be understood by the photos. Certain inhuman acts and disasters came to limelight by the remarkable photographs for example Vietnam War related photos which described as the Terror of War, popularly known as Napalm Girl or Accidental Napalm taken by Nick Ut. “The photo was featured on the front page of the New York Times and earned Ut a Pulitzer Prize for Spot News photography in the year 1973.
It also became the World Press Photo of the year, 1972”5 The falling Soldier photo by Robert Capa, 1936 during Spanish Civil War , The Hindenburg Disaster, Starving Albino Boy, Biafra famine, 1969,Ethiopia famine (1972-1973) Bangladesh famine (1976),Somalian famine (1991-1992) Sudan famine’s Starving Children and Vulture by Kevin Carter, 1993, Fire Escape Collapse by Stanley Forman, Omayra Sanchez by Frank Fournier and After the Tsunami by Arko Datta like various disasters photographs lime lighted the depth of the incidents to the outer world.
PHOTO JOURNALISTS’ ASSOCIATION AND AWARDS
The Danish Union of Press Photographers was the first national organization of newspaper photographers and it was started in Denmark by six photographers and now the membership is increased to 800. Other Associations like The National Press Photographers Association (NPPA), British Press Photographers Association (BPPA), Kong Press Photographers Association, Northern Ireland Press Photographers Association, Hongkong Press Photographers Association, Pressfotografenas Klubb Sweden and Norway. Pulitzer Prize is the award given for journalist in that best photograph in Feature Photography and Breaking News Photography will be awarded in Photojournalist category. In India Photographic Society of Madras was founded in 1857 and renamed as Madras Amateur Photographic Society and renamed as Photographic Society of Madras. Professional Photographers Association of India 3 POORVA TRIKHA.
Photo Journalism- A tool for Social Change 24 . ( Arun Publishing House Pvt. Ltd. 2014).
4 Ibid
5 POORVA TRIKHA. Photo Journalism- A tool for Social Change,46(Arun Publishing House Pvt.Ltd,2014)
(PPAI) and All India Photographic Trade and Industry Association (1973) were formed to protect the journalists.
PHOTO JOURNALISTS AS WORKING JOURNALISTS IN INDIA:
The working journalists and newspaper employees are governing by various media laws but in the perspective of labor they are governed by certain laws. The Working Journalists and other Newspaper Employees (Conditions of Service) and other Miscellaneous Provisions Act, 1955 and The Working Journalists (fixation of rates of wages) Act, 1958. According to Section 2 (f) of the Act the working journalists 6 includes the News Photographer but who is considered as News photographer is not explained but according to section 2 (b)7 which is about the definition of newspaper it can be understood as that the person who is working as the photographer in newspaper that is the printed periodical works which is disseminating public news. But the problem is that the other media which were developed due to technology like radio or television or digital media or electronic are not included.
But the new “The Occupational Safety, health and working conditions Code, 2020”8 filled the lacunae and included the electronic and digital media but this act is yet to be implemented. The newspaper employees9 also defined under the Working journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955. Newspaper employees is defined under this Act is having a wide meaning and it includes all other employees associated with that.
If any technological disruptions happen in the industry can have its implications on the crores of employees associated with that, because Indian 6 Working journalist” means a person whose principal avocation is that of a journalist and who is employed as such, either whole-time or part-time, in or in relation to one or more newspaper establishments and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who- Is employed mainly in a managerial or administrative capacity or Being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason or by reason of the powers vested in him, functions mainly of a managerial nature; 7 Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act,1955, § 2(b) No.
45, Act of Parliament 1955 (India).
8 SECTION 2 (zzm)’’WORKING JOURNALIST”- means a person whose principal avocation is that of a
journalist and who is employed as such, either whole time or part-time, in , or in relation to ,one or more newspaper establishment, other establishment relating to any electronic media or digital media such as newspaper or radio or other like media and includes an editor, a leader writer , news editor, sub editor , feature- writer, copy tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who is employed mainly in a managerial, supervisory or administrative capacity. 9 Means any working journalist, and includes any other person employed to do any work in or in relation to, any newspaper establishment.
newspapers industry is the second largest in the world. The employees from the newspaper boy, distribution dealers, transport workers, printing workers etc.., are going to affect by these technological advancements.
PROBLEMS ENCOUNTERED BY PHOTO JOURNALISTS:
Various societal problems are effectively addressed and have found remedies by the media. So, serious injustice is averted or lime lighted by the media. That’s why we call it as fourth pillar of democracy. Many Revolutions happened in World countries are resultant of literatures or by newspapers. In Indian freedom struggle newspapers played a vital role in sending messages of great leaders to masses and surprisingly most of the leaders including Father of our Nation Mahatma Gandhiji were owned newspapers and wrote thousands of articles to reach the minds and hearts of the people. After the invention of Radio and Television people started to receive information from multiple ways but in anyway these inventions are not replaced the printed newspapers.
But now the proliferation of technology and social media networks usages are diverting the dissemination of information from different sources and mostly misleading the public. This is not only affecting the public in getting proper information but also affects newspaper industry. The importance of newspaper reading among public is reduced and the industry may lose its significance in near future if information’s from social media is not regulated. It is not only going to affect the public in receiving proper information but also the entire newspaper industry in its very existence. Journalism is affected by the mobile journalism, social media platforms, online journalism and citizen centered journalism.
MOBILE JOURNALISM:
The smart phones are handy and data networks helps the people to receive the news in their phones. Usually, 30 above aged people are reading newspaper because of their habit and some persons because of their technical illiteracy. Less than 30 years of Age group are using smart phones for everything, in near future it will have its impact in various sector, newspaper industry is one among that. Smart phones are manufactured with highly efficient cameras which helps every citizen to take photos of the events and they are acting as journalists. In that they are acting as news correspondent and as well as new photographer. Mobile Phone photography now being exposed via new media. Mobile phones have the potential transform reporting and places the power of reporting in the hands of the public in a
cost-effective manner. They can set up news operation as small organization which are providing mobile news and exploring public journalism in many countries for example Jasmine News in Sri Lanka.10
SOCIAL MEDIA PLATFORMS:
Social media like YouTube, X. Com formerly Twitter, Instagram WhatsApp are famous among youngsters. They are earning by using this social media by disseminating various information. They get remuneration for each like, shares and subscriptions. Smart phones facilitate these Social Media platforms due to the high internet efficiency and technology adapted in these phones. These Social media platforms are giving opportunity to dialogic mode of transmission where many sources communicating to many receivers at any time which is completely opposite to the mono-logic transmission of traditional media. 11 “But today people below 35 don’t want to read news’ said Hindustan Times’s Faruqui. They want to glance at news. They want to scroll over news. They want entire story in two-three sentences. They also want more visual, powerful visual within seconds of an event happening.
When speed is everything, I use my mobile phone to take pictures so they can be What’s Apped and uploaded within seconds of a breaking news event”12
ONLINE JOURNALISM:
Online Journalism present users with the unprecedented ability to choose when, where and what news they will receive. The traditional news media of broadcast, print and radio all broadcast, publish or air their bulletins at the time they chose, in the order they chose and to the depth they chose. However, online journalism allows the user to access the news at any time from any computer or personal device with an internet connection. 13 The rapidity and power of spreading information via electronic communication with technological support of highly efficient internet deliver the messages to masses. Sometimes this led to the online activism, hacktivism, e-activism, internet activism, electronic advocacy and web activism.
10 DHIBAYANSHU KUMAR. Citizen Journalism.15 (Pushpanjali Prakashan 2012)
11 ABHAY CHAWLA.New Media And Online Journalism-Handbook For Media Studies 197 (PEARSON 2021)
12 SMEET MISHRA.Tweet First, Work on the Story later’ Role of Social Media in Indian Journalism.in
INDIAN JOURNALISM IN A NEW ERA- CHANGES, CHALLENGES, AND PERSPECTIVES.edited by
SHAKUNTALA RAO. 151-152 (OXFORD 2019)
13 SANJAY GAUR,E-Journalism 35 (Yking Books , 2011)
USER GENERATED CONTENTS:
Smart phones and social media led to Citizen Centered Journalism. So, anybody with smart phones can disseminate any information without the checking the veracity of the information. This information can reach Lakhs of people in a speedy manner. Citizen Journalism (also known as “Public Participatory” “democratic” “guerrilla” or “street Journalism”) is the concept of members of the public “playing an active role in the process of collecting, reporting, analyzing and disseminating news and information” according to the seminal 2003 report14 We media: How Audiences are shaping the Future of News and information. Citizen Centered Journalism has its own advantages and disadvantages. Disinformation, libel law training, Copyright issues, virality of the content and self-expression are not permissible for traditional journalists and they are regulated by code of ethics.
The veracity of the photos they share have no checks. This leads to manipulation of contents and misleading the reader. Most importantly it will create damages to the person in the photo. Even the content written wrongly can be indemnified or apologised in subsequent editions and the level of damage may be minimal but the photos shared and circulated through the social media platforms will leads to immediate effect. The rapidity and virality will cause severe damages who has been mistakenly exposed. If these cases are related to any gruesome offences and especially sexual offence. Then the society will stigmatise the person by believing the wrongful contents by the Citizen journalists.
Anonymity and jurisdictional challenges like anybody in any corner of the world can create contents and published through these social platforms are reasons why misleading information to the audiences cannot be regulated in an easy manner.
DIGITAL NEWSROOMS
Digital technologies have established the emergence of the video journalist, broadcast journalists capable of both filming footage with portable digital cameras and editing their stories using desktop software. 15 The introduction of the internet opened the way for the creation of an entirely new medium of journalism- online journalism. The development of online journalism has radically changed the
14 SANJAY GAUR.E-Journalism. 35, (Yking Books , 2011)
15 BALAKRISHNA AIYER.Digital Newsroom. 13(Authorspress Global Network. Published in 2005. )
way people access the news. It not only revolutionised the organisational side of newsrooms but have also impacted on the production values within newsrooms. 16 In- person reporting; gathering video, audio, and still photos, making graphics; verifying facts; and applying professional news judgement and standards of accuracy and objectivity, newsgathering companies are significant investments in web journalism. The technology makes their work available to everyone. But the same technology also makes it possible for unscrupulous web-sites and other media outlets to misappropriate the results of a competitor’s original work. This is of course is illegal and harms the newsgathering organisations that make the investment to send reporters to cover stories and to check facts17. Cyber theft is difficult to find so the Intellectual Property Right’s Copyright violation as taken as recourse.
Original photographs taken by the photojournalist are easily used by the others as data theft without getting permission from the Photographer.
OPEN-SOURCE REPORTING
Apart from moving images and sound recording, electronic journalism makes liberal use of still images, graphics and animation in reports. In television, still photographs, may be used when no video camera can reach a correspondent or interview subject. A still photograph may also be used to show historically notable person and event or in any place where it aids the report. Photos may be recorded with a standard video camera or the photos can be placed on a special motion control device which allows precise computer-controlled positioning. Whether shot in the field or in the studio, the camera operator might zoom, pan or tilt while recording the images. The director may use portions of this video or may digitally store some selected frames for insertion into the final report.18
DISCLOSURE OF THE IDENTITY OF THE VICTIMS:
Women are harassed in social media and online platforms. In order to control the harassment various provisions have included in IPC like the offence of Stalking and also in Information Technology Act under Section 66A. Especially when it comes to the Rape Cases IPC 228A19
16 BALAKRISHNA AIYER.Digital Newsroom.13 (Authorspress Global Network. Published in 2005. )
17 Ibid pp. 87
18 Ibid pp.3
19Whoever prints or published the name or any matter which may make known the identity of any person against whom an offence under, Section 376A, AB,B,C,D,DA,DB or E is alleged or found to have been committed shall
Section was included to punish the offenders who disclose the identity of the rape victims and proceedings without the previous permission of the courts. The traditional photojournalists are regulated by the professional bodies like the Press Council of India and Press clubs but the citizen centered journalism has no restrictions this resulted in the easy and rapid disclosure of the victim’s identity through online platforms without considering the state of victim and victim’s family. Social and legal Responsibility are thrown away in the air by these immature user generated contents.
ETHICS IN PHOTO JOURNALISM:
PHOTOSHOPS:
While Photo editing tools Such as Photoshop, one can create perfect people and share such a photo on social media. Such perfect images are extremely malicious, that can lead the youth to mistakenly believe of its possibility, resulting in damages to the reputation of the people in the photos.20 “While India does not have a law on privacy, there have been attempts, largely fuelled by corporate interests, to formulate legislation to protect data and ensure that an authority is set up to deal with privacy issues. In 2012, the report of a Group of Experts on Privacy, chaired by Justice A.P.Shah and constituted by the planning Commission, submitted its report suggesting a framework for a Privacy Act but still it is in proposal.”21
DIGITAL MANIPULATION AND DATA SECURITY:
Data protection, freedom of expression are goes hand in hand in the Digital journalism. Digital Asset Management (DAM) and Metadata Management is highly difficult in a most populous country like India. The Digital Personal Data Protection Act, 2023 is enacted to protect the rights of the individuals in protecting their personal data and those data can be processed only for the lawful purposes. be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
20 ABHAY CHAWAL. New Media And Online Journalism-Handbook For Media Studies 238 (Pearson 2021)
21GEETHA SESHU. “Journalism and Ethics- India Media Mines the Private”.” Indian Journalism in a New Era. -Changes, Challenges and Perspectives” Edited by Shakunthala Rao.357 (Oxford Publications. 2019)
According to this Act “Data means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means”22 The person who has the conjunction with other persons to determines the purpose and means of processing of personal data is called Data Fiduciary23 according to the same Act. In Digital journalism the Journalists are considered as Data Fiduciary whether the data are protected by them in an efficient manner? is a big question. Traditional photojournalists are governed by different laws and accountable unlike the smartphone photographers.
LEGAL CHALLENGES:
The Working journalists and other Newspaper Employees (Conditions of Service) Act, 1955, The Working Journalists (Fixation of Rates of Wages) Act, 1958 and The Ease of Compliance To Maintain Registers Under Various Labour Laws Rules, 2017 relating To The Working Journalists Act, 1955 These three legislations are covering the Labour aspects of journalists especially journalists working in newspaper establishments. This law is applicable for limited media personnel and not applicable for other media like digital or electronic or radio or new media and the Acts are not implemented properly due to the lack of proper enforcement agencies. The laws are very ambiguous in definitions and inadequate redressal mechanisms. Traditional Newsrooms have stability of employment, paid time off, leave benefits, health insurance, disability insurance, retirement plans and social security benefits.
FREELANCING:
The traditional employer-employee relationships are changed due to the increasing number of freelance journalists. The journalists are hired for each project and they also act independently. The inconsistent payment structures and lack of transparency in giving compensation. Different pay rates will be fixed by the journalists for each and every contract on project basis. So the lack of standard compensation leads to the exploitation. Journalistic standards are lowered because of the click-based metrics followed by the digital media. Furthermore, essential benefits like the healthcare benefits, paid term contracts are denied to the freelancers. During invalidity the freelancers are given insurance and retirement benefits should be taken care by
22 Section 2 (h) The Digital Personal Data Protection Act, 2023
23 Section 2 (i) The Digital Personal Data Protection Act, 2023
themselves. This lack of stability and support can undermine journalists' well-being and productivity, ultimately impacting the quality of journalism produced.24
LABOUR MEASURES NEED TO BE TAKEN:
Though the Working journalists and other Newspaper Employees (Conditions of Service ) Miscellaneous Provisions Act, 1955 deals with the various labour measures like ensuring fair wages, enhancing job security, improving working conditions, leave entitlements, accessing benefits, promoting gender equality, inclusion and upholding the ethical standards. Though the Act has its own limitations like limited coverage, enforcement challenges and inadequate redressal mechanisms.
SKILL DEVELOPMENT AND TRAINING:
Skill gap analysis will help photojournalists to overcome the challenges faced by them due to the digitalization. Training to handle the modern digital tools, analyzing data, engaging with audience of social media platforms and dealing with the multimedia content. Changing demands of the industry has to be fulfilled by imparting proper skills, knowledge and training.
CONCLUSION:
As the profession is facing threat due to the high technological advancements especially due to smart phone photography and there is no special set of rules to govern photo journalists. This legal lacuna has to be filled by enacting new legislation or making necessary amendments to the existing Working Journalists Acts. According to Howard Chapnick “To ignore photojournalism is to ignore history”25 The photojournalists have to be given all the labou law and social security benefits and the profession need to be protected from all the future uncertainties by providing proper skill development training.
24 MITCHELL, A., GOTTFRIED, J., BARTHEL, M., & SHEARER, E. (2015, July 14). The Evolving Role of
News on Twitter and Facebook.
25 POORVA TRIKHA.Photojournalism: A tool for Social Change.100 (Arun Publishing House,2014)