ARE STING OPERATIONS ETHICAL?

Oly Banerjee, INN/Gwalior, @Infodeaofficial

What is investigative journalism? According to UNESCO, Investigative Journalism means “the unveiling of matters that are concealed either deliberately by someone in a position of power, or accidentally, behind a chaotic mass of facts and circumstances – and the analysis and exposure of all relevant facts to the public.”

In simple terms, it is the effort, to bring out, expose or reveal the truth, which is hidden, and has some importance for the public and also aims for the betterment, it is also known as Sting Operation. It effectively provides media the right to freedom of expression, which lies in the heart of Indian Constitution.

Though, sometimes the outcome of an investigative journalism is false, thus harming a person’s goodwill, it is usually done to defame a famous personality due to personal or political motives. It plays an indispensable part of life, of a democratic setup, it does the duty of a watchdog on a nation’s authority.

The credible investigative stories, are pivotal to public confirmation of the continuing importance of professional journalistic work in the coming years.

The whole operation is carried out using very miniature instruments, most common ones are the hidden cameras, these can be hidden in handbags, hem of shirt, pens.

Some of the basic targets are invading the privacy of individuals, buying information, illegally hacking telephones and computers or recording conversations without concern etc. In Western countries there is no legislations banning the purchase of such instruments, but some countries have strict laws prohibiting the same.

UNESCO has constantly fostered debate on media accountability and professional and ethical standards, which provide journalists with guiding principles and training materials on how to best exercise their profession.

In collaboration with Arab Reporters for Investigative Journalism (ARIJ), UNESCO launched the first manual for investigative journalists in Arab States, entitled Story-Based Inquiry: A Manual for Investigative Journalists in 2009.

After the launch of the Manual which is being widely adopted by many journalism programs around the worls like in the Arab States, Asia, the United States of America and the Russian Federation, UNESCO presented “The Global Investigative Journalism Casebook”, as study material complimentary targeted towards training.

Since, any investigative operation is carried out secretely, it indefinetely interrupts the Right to Privacy of a citizen, so is it ethical to carry out such a sting opeartion?

There are certain ethics or rules defined by the particular country’s law making body for carrying out such an activity; but sometimes the reporters break some of these laws to get to the depth of the information, supporting their activity in the name of public good.

A bench headed by Chief Jutice P. Sathasivan said the apex court had approved of the sting operation carried out in public interest in R.K Anand case but claimed, “It would be difficult to understand the ratio in the said case as an approval of such a method (sting operation) as an acceptable principle of law enforcement in all cases, being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions.

The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for enticement.” though, we totally support this statement, but again the question arises in the first place why or is it ethical to steal, with the assurance of secrecy?

According to Vikas Upadhaya, a senior Supreme Court lawyer, sting operations would not be impacted by the Supreme Court’s verdict.

According to him, Fundamental Rights are imposed against the state and when it relates to matters between two individuals, it is governed by other laws under the IPC.

However, once the state violates the Fundamental Right, accused has the option of moving to the Supreme Court directly through a writ petition.

The State would have the right to tap phone calls of individuals and citizens of a country provided that the same lies within Article 19 (2) that is “Permitting State to make laws or put reasonable restrictions” and pass the test under Article 21 of the Constitution.

In other words, all the measures adopted must be in accordance with the Fundamental rights in Articles 14, 19, and 21. The Right to Privacy, like any other right, is not absolute and the State is entitled to impose reasonable restrictions on the basis of social, moral, and compelling public interest in accordance to the law.

In countries like U.S.A, sting operations are considered a legal method of law enforcement, albeit, in a limited manner but the position of laws are different in different countries.

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