“There are only two forces that can carry light to all the corners of the globe- the Sun in the heaven and the associated press (media) down here.” – Mark Twain (American author) The status of the democracy can be calculated on the freedom given to the media and the independence that they enjoy. With these credentials the responsibilities on the shoulders of the
media increases. Media which manifests social transformation through noble ideas and its activism entail careful attention in its regulation. Media helps society in ensuring that those in important and influential positions remain transparent and accountable for their actions which is possible through media activism.
It is one of the responsibilities of the media to expose social evils and help to eradicate it, and we consider sting operation is one of the weapons from the quiver. Therefore on the same time while discussing such role of the media, we need to focus on its Constitutional, legal and ethical aspects. There arises a need to protect and regulate a noble idea of sting operation for envisaging Public Interest. For the same, we must analyse the problems and loopholes which become hurdles for it and
then try to overcome it with the solutions already present with us and future implementations of it.
Investigation Journalism
Investigative journalism is the branch of journalism which aims at uncovering complex and often little-known facts of interest and relevance to the public through thorough research.2 It is an attempt to reveal the truth in respect to a crime or other misdemeanour’s exposure which would be benefited to the society as a whole. There is a thin line between undercover investigation and sting operation. Undercover investigations need not necessarily expose someone’s criminal intent
or catch someone in the process of committing a criminal act.3For instance, showing insanity for getting admission to mental asylum to expose the condition, status and treatment there comes under undercover investigation. Considering the Indian situation undercover investigations and sting operations are not different but the same. Media uses ‘Sting’ to ‘set a trap to catch a crook’. However, each coin has its two sides. With the increase in the importance of media in the public interest, there arise a need for regulations and control. Indians had also witnessed the uncontrolled fateful stings and how they ruined life of someone who was innocent and also seen stings which not only helped judiciary and executives but the public at large. This shows that when we control and make good use of it, it can get standard output out of it. The constitution of India gives all the answers for it. It provides origin, control and regulation of sting operations but we need some more.
2. Sting operation entails careful attention in its legal motion
“The media is the most powerful entity on the Earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power; because they control the minds of the masses.”4
– Malcolm X (Human Rights activist)
Sting operations are carried out to protect the public interest. It makes the government and its officials more transparent, more accountable and more responsible. Activity of sting operation helps to eradicate corruption and some helps us in finding the evidences against wrongdoer. But there arise problems when operations are not regulated, not aiming public interest and only for personal gains.
When the intention is not good, operations fails and attracts legal consequences. This shows there is need to regulate such operations. There is no comprehensive law on controlling sting operations but the Constitution of India as the law of the land provide, protects and secure the rights given under it and given by interpretation of it.
Sting operations carried out in ultra-sound centres helps in curbing the problem of female foeticide. Operations catching politicians, army officers and people on higher post and position in various governmental departments taking bribe help society in eradication of corruption from the society. Operations relating to investigation in criminal cases help judiciary in achieving justice to the victims. It creates awareness among the people in the society. But at the same time operations which are carried out for personal gains, competition among the media and to increase Television rating point fails to achieve the goal of public interest and objective behind the role of media. Here, it is notable that the operations which are regulated and according to law conveys good message to society and helps in envisaging public interest but if operations are not regulated and in contrary to
law threaten the people and create fear about such operations. Thus it entails careful attention in its legal motion.
3. Sting Operation: Constitutional Discourse and Legal Implications
Regarding sting operations, number of questions arises like whether these operations are legal? Whether the method of false identities is justifiable? Isn’t it violating the right to privacy? Are Right to information, Right to Privacy and Freedom of Press intervening into each other and creating conflicts? To what extent can the media go?
And the Constitution of India is having all the answers to large extend. It not only provides the right but also guarantees its protection and security. Let us discuss various components of Constitution of India intersecting with sting operations and providing and protecting such noble ideal which envisages public interest.
