In the episode of the Gurugaon BPO fraud, there is still
one aspect left unexplored. It is the analysis of the nature of the operation
of Journalist resulting in the accusation of a person as a fraudulent person
and killing his career for the life time.
Some call it as "Sting Journalism" as if it is a
specialized form of Journalism. Actually, we must say that such a comment is
derogatory for real "Investigative Journalism".
Journalism is by nature "Reporting the factual happenings".
If facts are uncovered through a journalistic operation where the journalist
poses himself as some body other than a journalist then we are into the domain
of "Investigative Journalism".
In the case of Gurgaon BPO case, it is not reporting of a
fact that took place. It was an "Induced Action". The act of inducement by the
journalist makes him a party to the incident and he no longer can observe the
incident from the journalistic perspective.
In the instant case the journalist used an intermediary,
offered a job, requested for a presentation on a CD and later claimed that the
CD contained some confidential data. The fact that the CD contained such data
is itself not substantiated by the journalist.
In this sort of a situation we can only say that the
journalist has used "Bribery" to induce a "Out of normal behavior" of an
employee. This is not observation of a fact but creating a factual incident by
intervention.
In fact most HR managers know that in any job interview, it
is a standard question to ask a candidate about the nature of his previous
activities and special incidents that show his skills. In many of such
instances the interview may part with information which in hind sight he
himself may feel is a confidential information which should not have been
disclosed. But it is an unequal situation when an interviewer asks a question
and the interviewee feels that his future lies in the answer he gives.
In the Gurugaon case therefore if a friend has told an
employee that he will get him a good job if he gives a presentation of his
capabilities along with copies of some of his recent works and arranges a
meeting with a foreigner who could very well be the future employee, it is not
unnatural for an employee agree to meet him and give a CD.
If afterwards, the so called employer turns around and
states that the CD contained some confidential information without handing
over the CD to the India for forensic analysis, then the journalist himself is
exposing himself to be called an offender of law both for the offence for
which the employee is being accused plus the offence of bribery. Additionally,
since he did it for his personal gain to promote himself and his journal, his
misrepresentation is actually a "Fraud".
According to an article in hvk.org, even the
FBI's sting operations, follow strict ground rules laid down over the
years by departmental instructions and rulings of the judiciary. Four such
major rules are:
1. Sting operations are to
be mounted only on persons against whom some evidence of criminality exists
and a sting operation is considered necessary for getting conclusive
evidence.
2. Permission for sting
operations must be obtained from appropriate courts or the attorney general.
This safeguard has been laid down since those who mount a sting operation
themselves commit the offence of impersonation, criminal trespass and making
a person commit an offence.
3. Where there is evidence
of editing of tapes and films, there is an automatic presumption that the
recording is probably not authentic.
4. There must be a
concurrent record in writing of the various stages of the sting operation.
In many judgements, the US
supreme court has condemned some FBI sting operations for taking advantage of
the naivety, carelessness and negligence of the possibly innocent in order to
make them possibly guilty.
In view of the foregoing, it is established that the act of
SUN as a magazine and Mr Oliver is a crime under different sections of
ITA-2000 and IPC. Since Haryana Police have come to know of the crime, whether
or not there is any complaint, they are duty bound to file a case including
the journalist.
If Haryana police fail to act against the journal, it will
open up charges of inefficiency and possible favouritism including possible
corruption at the Police circles.
Naavi
June 28, 2005
(Comments
welcome)
Related
Articles:
Let the nation beware..www.hvk.org
Media! Where is thy sting?..www.humanscape.org
