Legal Writers Must Be Trained, Field Regulated
In an era of digital news that demands rapid information dissemination, has emerged a new breed of writers who decrypt legalese for the masses but the industry needs to be regulated, writes Manu Shrivastava
Today, while ‘news at lightning speed’ is no more a metaphor, false and defamatory reportage is commonplace and the footprints of news are huge, scale digital miles in moments and last till perpetuity, it’s the common man who faces the brunt of it all.
As a sunrise industry, legal journalism aka legal writing is becoming increasingly popular as a career choice across law colleges, triggered by the mushrooming of websites and portals disseminating ‘news’ on law and legal proceedings even offering internship opportunities to law students.
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| The Supreme Court of India |
It is commonplace for most newbies even greenhorn students of law to report, moderate even comment extensively on issues of law, judgement even proceedings in a range of media platforms – social media too - as self-professed ‘experts.’
Yet, a critical aspect of effective legal journalism is a comprehensive understanding of complex legal issues. As such, there is a growing consensus on the necessity for law reporters to possess a recognised degree in law and relevant work experience to ensure accurate and in-depth reporting that upholds the principles of responsible journalism and accountability.
As per the latest Supreme Court of India norms for Media Accreditation, ‘Any working journalist / correspondent who desires to regularly report the Supreme Court proceedings may be eligible to be considered for regular accreditation by the Hon’ble Supreme Court of India must have a Law degree recognised by the Bar Council of India under the Advocates Act and should ordinarily have five years’ continuous regular Court reporting experience in a daily newspaper and/or a national or international news agency, immediately prior to the application for accreditation, of which at least three and a half years must be at Supreme Court or at any High Court(s) in India.’
In India, some of the greatest luminaries and leaders have held dual specialisations as lawyers and journalists – Mahatma Gandhi and Dr. B. R. Ambedkar, to name a few.
Mahatma Gandhi studied law and became a barrister and practised for several years while simultaneously making efforts to champion the rights and dignity of the marginalised sections of society. One of his instrumental endeavours in this direction was the publication of the newspaper ‘Harijan’ pivotal in advocating for the rights of the marginalised and fostering social justice and equality in India.
Chief architect of the Indian Constitution, Dr. Bhimrao Ambedkar was a jurist and a social reformer and played a key role in the upliftment of oppressed communities in India. Recognising the potential of media in shaping public opinion and driving social change he launched Marathi newspaper ‘Mooknayak’- Leader of the Voiceless - that emerged as a powerful platform for addressing the social, economic and political issues faced by the Dalit community.
“The field of legal journalism is a very powerful one,” remarks People's Education Society (PES) Chairman, activist and politician Anandraj Ambedkar, and grandson of Dr B R Ambedkar.
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| Anandraj Ambedkar feels legal journalism is a powerful field |
“Even today, many politicians and legislators are lawyers. The combination of law and journalism is a powerful one and holds tremendous potential to uphold democracy and its agencies. Legal journalism can be effectively used to identify the lacunae in the institutions and processes of democracy and rectify them," he adds.
Legal matters are inherently complex, involving intricate statutes, precedents and principles. Graduates in law possess the foundational knowledge required to navigate these, enabling them to provide nuanced yet accurate reporting.
Law reporters are expected to understand legal terminologies and concepts, analyse court rulings, decipher legal documents and interpret the implications of legal decisions. Those with a background in legal education are adept at translating complex legal concepts into clear and comprehensible language. This skill is essential for bridging the gap between legal intricacies and public understanding.
Principal Dr. Asmita Vaidya of Asia’s oldest Government Law College, Mumbai offers, “This is one of the best opportunities available to law students today. I feel it's a big challenge and an equally big responsibility to be a law reporter. The court decisions and orders are in 'lawman's language' and they need to be translated into the 'layman's language' which is where law journalists come in.
It's a very important job to communicate court proceedings to the masses in a language they understand. Yet in a manner that doesn’t change the gist or context."
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| Government Law College, Mumbai Principal Dr. Asmita Vaidya |
By breaking down convoluted legal jargon and presenting information in a reader-friendly manner, these reporters facilitate more meaningful engagement with legal issues. Well-educated law reporters play an important role in nurturing an informed citizenry.
Mumbai-based journalist and lawyer S Balakrishnan, and presently Executive Editor of The Free Press Journal, “worked with The Times Of India for 36 years before pursuing a degree in law and even practiced for a few years. I was already reporting on law as a journalist and that's when I fell in love with it.”
On the emerging trend of more law graduates pursuing legal journalism, he maintains, "I welcome the synergy. Earlier, most young journalists would learn on the job which would be a major value addition and one that would give them the necessary 'specialisation'. Similarly, now a lot of law graduates are venturing into journalism. However, I feel, merely holding a law degree won't help and they should have at least three-four years of experience after graduation, so they understand how the judiciary functions, the pitfalls, etc., before beginning to write on legal issues."
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| BCMG Chairman Adv. Vivekanand Ghatge |
“A person reporting on law must have a degree in law in the least and a few years of experience is always better. What is published once tends to remain online till eternity and care must be taken before anything is published,” he offers.
While S Balakrishnan says he is pleased these websites have expanded the scope of legal reporting and is a good trend, he reiterates, “utmost precaution should be taken while reporting on legal proceedings to steer clear from false and defamatory reportage. Editors should exercise caution and ensure nothing that can't be defended in a court of law gets published."
Lack of experience specifically in the field of journalism, can lead to inaccurate reportage which can have far-reaching consequences.
“Often, journalists pick one comment, completely irrelevant to the matter in question, from a judgment and highlight it in a news report. This causes confusion among readers. It is a dangerous trend,” says Adv. Ghatge.
Mumbai's Kishinchand Chellaram Law College Principal Dr. Kavita Lalchandani offers, “Law students and graduates must possess a deep understanding of legal issues and ability to comprehend the implications in entirety. They shouldn’t write just for the sake of writing.
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| K C Law College, Mumbai Principal Dr. Kavita Lalchandani |
To eliminate the risk of misquoting authorities and misinterpreting judgments or orders, a common occurrence, it’s important the writer is sensitised and informed. It is a popular field now and I am happy more graduates are opting for it. At our end, during academic coursework, we strive to inculcate the right skills in the students such as research skills, etc.”
Dr. Vaidya feels, “law graduates could enrol in a journalism course so they understand the nuances of reporting and can communicate exactly what the Courts are saying.”
However, where accountability is concerned, it can’t be taught. It has to come from within!
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