गृहपृष्ठसंविधानसंसदसमाजस्तम्भसुरक्षासंसारसंवादसमिक्षासर्वोच्च अदालतसम्पादकीयEnglish

Fallacious Media leads to fallacious development

The majority of people are visual learners, People don’t want to miss out and this engagement in social media leads to dependency.
न्यायपालिका
२०७७-०७-२१

Media is known as the fourth main organ of government after legislative, executive and judiciary. Media plays a crucial role in our daily life. Nowadays, we cannot live for a minute without media and its connections. Media generally defined as, “the main means of mass communication.”

1. The Term media in its modern application relating to communication channels was first used by Canadian communications theorist Marshall
McLuhan, who stated in Counterblast (1954).

2. In the past, we used to call on landline to share some information or invitation to our relatives but these days we call them on messenger or viber because social media have made things easier and cheaper. We used to send letters through the post office, but nowadays mail is very famous. We used to write a poem, journal, and story but nowadays we are
limited within the status, tweets etc. we cannot stay away from these social media. As psychology says, people share content to relate to other people.

3. The majority of people are visual learners, People don’t want to miss out and this engagement in social media leads to dependency.

4. Even if we find, it’s easy to surf on the internet then visit doctors, when we get ill. In the context of Nepal, there was not any clear law relating to press and publication. Later, Rana Prime Minister Chandra Shamsher established Gorkha Bhasha Prakashini Samiti.

6. In the globalized world media comes in modern ways with new technology. So there’s not only a medium but there is media. And this media leads to competition within the media. For their marketing and economic benefits they are doing every possible way to influence and get attention. 7 Nepal’s history of media as radio since 1951 and gradually it

1 Oxford English Dictionary Online. 2008 Oxford University Press. 23, Jan 2008 aviailable at
https://lucian.uchicago.edu/blogs/mediatheory/keywords/mass-media/ accessed on 26 February 2020
2 IBID
3 Cole Nowicki, Social Media and Psychology: 8 Lessons for Marketers,2019 available at
https://blog.hootsuite.com/social-media-psychology/ accessed on 26 February 2020.
4 Melonie Dodaro, The Psychology Behind Social Media Engagement, 2017 available at
https://www.socialmediatoday.com/social-business/psychology-behind-social-media-engagement accessed on 26
February 2020
5 Later it was renemed as Nepali Nhasha Prakashini Samiti.
6 https://www.kullabs.com/classes/subjects/units/lessons/notes/note-detail/7329
7 Ibid increased. According to government figures, in 2003 Nepal had 3,741 registered newspapers of which 251 were published daily. Government-owned Gorkhapatra. 8 9 Also Right to information and communication are the constitutionally guaranteed right. Under article 17, every citizen has freedom of opinion and expression. 10 And under article 19, we have
secured the right to communication. 11 . As every citizen have right to get information 12 and to be known. While getting so much information and using such freedom of speech may sometimes interfere with privacy. 13 This is how one has rights and others have duties to protect. Through the various laws, guidelines and code of conduct media can made
responsible for the maintained of social harmony and disseminate false news 14 or Fake news, 15 information to their viewers just to increase view and get likes.
Nepali media plays a constructive role from increasing public awareness to
collecting views, information, and also the attitude of the people towards certain issues. For
example; as the movie “Chakka Panja” shows the issues of migrant workers and their family
and everyone finds reality in the movie and they get aware. Media became the fastest
medium to get influenced as we copy the westerner is the best example. Similarly, growing
media personals in YouTube, Facebook, through online etc. these means are being
challenged in today’s world because we cannot stay away nor get informative information.
We call them so-called “Youtuber-ber” or similar kinds of tags. And what they do is, appeal
to emotion kind of fallacy with their cheesy title. Most of us just watch it and find it
uninformative but innocent people or elderly people fall on the trap and believe them. They
believe false information that they are delivering. And this needs to be guided, regulated and

8 (Gorkha Journal) had the highest daily circulation at around 75,000. Most registered newspapers were published
either weekly (1,304) or monthly (1,122)
9 Library of Congress available at https://www.loc.gov/collections/country-studies/about-this-collection/ accessed on
26 February 2020
10 Constitution of Nepal.
11 Article 19 of the constitution of Nepal. That no publication and broadcasting of any kind to be censored, closed or
seized or interrupted
12 Article 27 of the constitution of Nepal.
13 Article 28 of constitution of Nepal.
14 Also means disinformation, misinformation, propaganda, false news some have similar meaning.
15 Andrei Richter, FAKE NEWS AND FREEDOM OF THE MEDIA, available at


https://www.swlaw.edu/sites/default/files/2019-04/Fake%20News%20and%20Freedom%20of%20the%20Media%20-
%20Richter.pdf accessed on 26 February 2020

maintained the ethics and philosophy of Media. That’s why it is very necessary to make the media responsible for the development of the country and welfare of the country.

There’s an interesting snowball effect which you can observe on your most popular updates. The more people that like and share your Facebook update, for example, the higher the chances that other users will follow suit. As Cialdini explains, people are influenced by what others in their immediate surroundings do, and the environment of social media is no
different.

16 As Mass media have both positive and negative roles. It depends on the professionalism of the presenter or journalist or media person. Also the media have their own code of conduct

17 . Such problems of fake news is deal through various laws in Nepal like, Radio act, 2014 and radio communication (license) regulation, 2049, internal postal (insurance related ) act 2019, postal act 2019 and regulation 2020, film making, releasing and distributing act 2026 and its regulation 2057, electronic transaction act 2063 and its regulation, 2064 and there are several laws relating to Mass Communications, Public Service Broadcasting, Advertisement Regulation ,Cyber Law and ICT, Press Council, Criminal Code and Civil Code, 2017 media and publication act and National communication policy etc which makes the media responsible in Nepal. It is impossible to stay away from the media but it is possible to stay from the false and fake news. Mass media is universally recognized as wielding great influence, but there has been great debate over its effects, source and control. Media psychology’s theories include the user’s perception, cognition, and humanistic components in regards to their experience to their surroundings

19 . These technologies were made to make human life easier and simple, not to make fake and false. Click bait, hoaxing, propagandizing, manipulating, kind of fallacious activities in the media should be guided by law. We have sufficient laws to guide such wrong action all we need is implementation and strict implementation by
responsible authority. After all, the media is a medium which frames us in the international arena and leads us to development. So the use of technology and laws are interconnected.


16 N4


17 Journalists’ Code of conduct, 2060(2003)
18 Provisions of the sections restricting Freedom of Expression being based on National Security, Privacy, Defamation, Blasphemy, Obscenity, and Hate speech in the civil and criminal codes need to be reviewed to ensure the environment for improved free expression.

19 Luhmann, Niklas. The Reality of the Mass Media, Stanford, CA: Stanford University Press, 2000 and coexisted to each other. They have direct relation and influence to each other. And the development of each, after it is the medium to know everything around us.

-Author Kabita Regmi is law graduate.

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