Democratic media : real government in action : a legal analysis

Abstract

1. Since the 17th century, the role of the press as Fourth Estate and as a forum for public discussion and debate has been recognised. Today, despite the mass media propensity for sleaze, sensationalism and superficiality, the notion of the media as watchdog, as guardian of the public interest, and as a conduit between governors and the governed remains deeply ingrained. The reality, however, is that the media in new and restored democracy do not always live up to the ideal. They are hobbled by stringent laws, monopolistic ownership, and sometimes, the threat of brute force. State controls are not the only constraints. Series reporting is difficult to sustain in competitive media markets that put a premium on the shallow and sensational. 2. Moreover the media are sometimes used as proxies in the battle between rival political groups in the process sowing divisiveness rather than consensus, hate speech instead of sober debate, and suspicion rather than social trust in these cases, the media contribute to public cynicism and democratic decay. Still, m many fledgling democracies, the media have been able to assert their role in buttressing and deepening democracy. Investigative reporting, which in some cases has led to the ouster of presidents and the fall of corrupt governments, has made the media effective and credible watchdog and boosted its credibility among the public. Investigative reporting has also helped accustom officials to an inquisitive press and helped build a culture of openness and disclosure that has made democratically elected governments more accountable. Training for journalists, manuals that arm reporters with research tools, and awards for investigative reporting has helped create a corps of independent investigative journalists in several new and restored democracies. 3. Democracy is impossible without a free press. This is a precept that is deeply ingrained in democratic theory and practice. As early as the 17th century, enlightenment theorists had argued that publicity and openness provide the best protection against tyranny and the excesses of arbitrary rule. The importance of the press has to be recognised because it makes those in some form of authority aware of the public's discontents and allowing governments to rectify their errors. 4. Modem-day democrats are as hyperbolic in their praise of the press. Despite the present-day mass media's propensity for sleaze, sensationalism and superficiality. they are still seen as essential democratic tools. Contemporary democratic theory appreciates the media's role in ensuring governments are held accountable. In both new and old democracies, the notion of the media as watchdog and not nearly a passive recorder of events is widely accepted. Governments, it is argued, cannot be held accountable if citizens are ill informed about the actions of officials and institutions. The watchdog press is guardian of the public interest, warning citizens against those who are doing them harm. 5. The media is a lifeline of a nation. It provides not only information on what may affect the normal human being in his day-to-day functioning, but also by other features keeps him informed of developments, national and international. The reach of the media and the effect on general public has always been recognised and never been challenged. Thus, Democratic Media is Real Government in Action.