Open Access Research Article
MASS MEDIA LAWS & IT’S IMPLEMENTATION IN INDIA BY: RISHIKA MAHESHWARI
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Article Details
MASS MEDIA LAWS & IT’S IMPLEMENTATION IN INDIA
AUTHORED BY:
RISHIKA MAHESHWARI
Assistant
Professor
Asian Law
College
Mobile No:
9368635717
Email id: rishikamaheshwari8@gmail.com
Abstract
Mass Media from ancient times has
secured a very important place in this world as Mass Media is not only to
provide information to society but enable each and every individual in
expressing their opinion and ideas in front of the community. As Society developed,
Mass Media also emerged in various different mediums which include Newspaper,
magazine, radio, television and New Media and provides different platforms to
their users to reach to world with in no time. Seeing the rapid growth of Media
culture it become very important to ensure regulation to control the domain so
no person can use it in ill-suited manner.
This paper intends to highlight about
all the major Media Laws and its related case studies to showcase the
implementation pf Media Laws in India
What is Mass Media?
Mass Media refers to a medium of
communication through which an individual can access the information of their
choice in any manner, i.e. television, radio, newspaper, magazine or internet.
Mass Media is diversified into
various categories which aim to fulfil the objective of target audience being
it informative, education, or entertainment.
What is Law?
According to John Chipman Gray “The
law of the state or of any organized body of men is compared of the rules which
the court that is judicial organ of the body lays down for the determination of
legal rights and duties.”
Introduction to Mass Media Laws in India
The evolution of ‘Media Law ‘in India
could be track down while British ruled in India. As print media at that time
was used as an influential and powerful medium. Print media is said to be the
first medium of Mass Media on which the regulatory measures was imposed by Lord
Wellesley in 1799 termed as “Press Regulation.” In continuation with Press
Regulation Act the first ordinance was imposed in 1823 introducing “Licensing
of the Press” which stated, whosoever wants to start their press need to issue
a previous license from the Government general for all the matter being
printed.
Vernacular Press Act, 1878
Vernacular Press Act was introduced
by Governor General Lord Lytton in India enacted in the year 1878. The Act
specifically mentioned to suppress the freedom of print media published in any
local Indian language. The act provided the power to government to restrict
the publication of writing, who fall in line. Similar to press Regulation Act,
there are similar more laws imposed on media at the time of British era. In
which some of the acts are still followed today by making some amendments in
it.
Since then Media Law in India is
regulatory in nature and amended time to time seeing the scenario of the
country. This chapter highlights all the major Media Laws introduced and
followed in India.
Major Media Act in India
1)
Freedom of Press/Media
Freedom of Press/ Mass Media is
safeguarded under the fundamental right provided by the constitution of India,
“Freedom of Speech and Expression” in Article 19(1)(a) which states that all
citizen shall have the right to express their views pertaining to the
limitations mentioned in Article 19 (2), which mention that though every person
is free to express his/her opinion in the public but it shall not affect the sovereignty
and integrity of the country which include defamation, incitement, contempt of
court etc.
According to the Father of
Constitution ‘BR Ambedkar’ press/media was considered as mediator between the
government and society so he specifically mentioned in Article 19, “The Press
is another way of stating an individual or a citizen, the press includes no
special right which are not to be given to or which are not expressed by the
citizen in his individual capacity.”
Cases Related to Freedom of Media
Indian
Express vs. Union of India
Citation: 1985 2 SCR 287
Brief Details
Court: Supreme Court of India
Acts involved: Customs Act, 1975; Finance
Act, 1981
Bench: Honorable Justice V.C Daga and
J.P Devadhar
Decided on: 6th December
1964
Fact of the Case
The petition of this case was filed
by the employees of the company who are designated in the publication of the
newspaper. The petitioner filed their petition against Government of India on
issuing a notification under the Custom Act 1962.
The petitioner argued that imposing
such duty/tax on the newsprint would affect the management and publication
function of the newspaper and also transgress freedom of speech and Expression
under Article 19(1) (a).
Whereas Government of India stated
that the cost endured by the newspaper were not relevant in considerations and
also contended the exemption granted to newspaper was not justified.
Judgment
Regarding the plea from both the side
Supreme Court observe that any of the party were able to prove the side.
Neither petitioner were able to prove excessive tax burden nor were the
Government of India able to counter it. The court asked Government of India to re-examine the taxation policy and evaluate
whether it constituted an excessive burden the newspaper. The government
further revise the notification by taking certain facts under consideration.
2)
Defamation
‘Defamation’ refers to
any affirmation, comment or statement said by anybody with the instinct to harm
the reputation of other person is termed as defamation.
Defamation Law is divided
into two parts
1) Libel: it is refers to those
defamatory statement which are in written or printed form.
2) Slander: it is in spoken words or
through gestures.
In India defamation is categorized
under Criminal Law and the Civil Law
Criminal Law
Defamation in Criminal Law is
codified under section 499 of Indian Penal Code. There are 10 exceptions and
four explanation for this.
Exceptions
1) Imputation of public good should be
made or published
2) The conduct of a public servant in
release of his public function
3) The conduct of any person approaching
any public question
4) Publishing any true report of Court
of Justice
5) Expressing any opinion regarding the
merit of any performance decided by the court of justice or any such
proceeding.
6) Merits of public performance
7) Censure passed in good faith by a
person having a lawful authority over another
8) Person having lawful authority over
the other person with respect to the subject matter of accusation
9) Imputation made on other person with
the good faith for his protection or for the public good.
10) Caution conveyed with a good intention to the
other person for public good.
Punishment
The punishment for the criminal
offense of defamation are mentioned under section 500 and 501 of Indian Penal
Code with imprisonment of two years or more, fine, or with both.
Civil Law
Defamation under Civil Law is in the
form of causing harm to the esteem of someone. The allegation differs from each
other determined by judge, as defense justification, fair comment privileges.
Cases Related to Defamation
Ram Jethmalani VS Subrammaniam Swamy
Citation: Delhi 300, 126 (2006) DLT
535
Brief details
Defendant Appellant: Subramanyam
Swamy
Plaintiff Respondent: Ram Jethmalani
Fact of the case
The case was filed by Ram Jethmalani
against Subramaniyam Swami by claiming the charges of Defamation on him.
Justice MC Jain Commission of Inquiry was constituted under commission of
Inquiry Act 1952 to make an Inquiry on certain related matter:
a) Assassination: of Rajiv Gandhi in
which them Chief Minister of Tamil Nadu, Jayalalitha’s summon to the court was
being contemplated.
b) Plaintiff across examined the
statement of defendant, in the same defendant made remark against Mr.
Jethmalani to the effect that he has two wives.
Judgment
Justice
Pradeep Nandra jog held dr. Subramaniyam Swamy guilty for defaming Ram
Jethmalani by claiming false allegation on him because of these statements
plaintiff respondent has to face criticism from the society. Anyway,
such disaster isn't recoverable, said by equity, yet remuneration of Rs 5 lacs
allowed for petitioner and against the defendant, thinking about his calling
status and his cultural position in the judgment.
3) Official Secret Act 1923
The Official Secret Act
was introduced by British government in India in 1923 and was retained after independence.
The Act specifies that if any individual of the country (Government employee, bureaucrats,
common man) found guilty in sharing ‘secret’ information to help an enemy
nation or a person will be punished by law.
There are several
provisions which are covered in the Official secret Act 1923 are
1) Penalties for spying
2) Communication with foreign agents of
certain offenses
3) Unfair communication
4) Job of sharing information as
commission of offences
5) Attempts incitements etc.
6) Penalty for safeguarding spies
7) Search warrants
8) Restriction of trial of offences.
Punishment
Any individual who shall
found guilty under the prior mentioned offences shall be punished under section
3 with 3 years jail, or with fine, or with both.
Cases related to Official secret Act
State vs. Madhuri Gupta
Citation: 2010 case no.58
Brief details
Petitioner: State
Respondent: Madhuri Gupta
Judge: Pratibha Rani. J
Decided on: 22nd
January, 2016
Fact of the case
In State vs. Madhri
Gupta, ‘Madhuri’ was charged for revealing certain secret information to
Pakistan officials. Email as a source of evidence found of her name in which
the information related to certain hydroelectric power project in Jammu &
Kashmir which was shared with two ISI officials Mubishar Raza Rana and Jamshed.
Judgement
The court found her
guilty and held her for offences under section 3, section 3(1) and section 120
B of Indian Penal Code 1860 for spying, communicating and sharing secret
information to enemy nation and being a part of criminal activity. The court
sentenced her 3 years in jail.
4)
The Cinematograph Act 1952
The Cinematograph Act was
introduces in India in 1952 by the legislative with he vision to govern the
certification of film display. The Censor Board of India with its advisory
panel are authorized to examine every film and issue grant of the film
certification accordingly.
The certification for the
film at present is categorized in 4 categories under the rule of Cinematograph
certification, 1983 availing the guidelines
1) U- Unrestricted public exhibition
2) UA- Unrestricted public exhibition
(under parental guidance for below the age of 12 years)
3) A- Restricted to Adults
4) S- Restricted to special class person
The major objective to
implement the Cinematograph Act are:
v The concept of film shall remain
according to the society standard
v The medium shall provide ethical
entertainment
v Certification is applicable to
societal development
Punishment
If a person found guilty of violating
the Cinematograph Act and its related provisions, they will be punished under
section 6A with imprisonment extended to three years or with fine or with both.
Cases related to Cinematograph Act
Raj Kapoor v. Laxman Singh
Citation: AIR SC 605, 1980
Brief details
Petitioner: Raj Kapoor
Defendant: Laxman Singh
Bench: Justice R. Pathak and VK Iyer
Fact
In Raj Kapoor V. Laxman Singh case,
the respondent Laxman Singh file complaint against the petitioner Raj Kapoor on
his directed film (Satyam, Shivam, Sundaram) that the title of the film is
misleading and against the public morality. The complaint was registered under
section 292 of Indian Penal Code, 1860 and the first hearing was done in Trial
Court, where by listening the arguments of both the side, Trial Court present
the notice to the petitioner
Then the petitioner moved to
challenge the judgement of Trial Court. High Court dismissed the appeal of the
producer by stating that as movie contain some sensual scene which is not
appropriate for public display should be restricted to Central Board of Film
Certificate ‘A ’under section 5(A) of the Cinematograph Act 1952.
5)
The Prasar Bharati (Broadcasting
Corporation of India) Act, 1990
The Prasar Bharti Act
came into force in 1990, after being unitedly passes by parliament and finally
implemented in 1997.
The main objective behind
passing this Act was to
v Ensure that every citizen of India
shall remain informed, educated and entertain
v Endorse the unity and integrity of
the country
v To enhance agriculture and health
environment
v To assist the rural and tribal
section of the country
v To conduct regular survey &
research for the development of Radio and Television Broadcasting.
Formation of Prasar Bharti Corporation
The composition/formation of Prasar
Bharti Corporation was formed under section 3 which consist of a board
including
·
A
chairman
·
One
executive member
·
One
finance member
·
One
personnel member
·
Six
part-time member
·
Director
General of Akashvani
·
Director
General of Doordarshan
·
One
representative of the union ministry of
Information 7 Broadcasting to be nominated by that ministry
·
Two
representatives of the employees of the corporation
Other salient features of the Act
v Section 12: Functions and powers of
corporation
v Section 13: Parliamentary committee
v Section 14: Establishment of
Broadcasting Council, term of office and removal etc of members thereof.
v Section 23: power of central
government to give directions
v Section 24: power of central
government to obtain information
v Section 25: report to parliament in
certain matters and recommendations as to action against the board
v Section 33: power to make regulations
v Section 34: rules and regulations to
be laid before parliament
v Section 35: power to remove
difficulties
Cases related to Prasar Bharti Act
BCCI-Nimbus Prasar Bharati Case
Brief details
Appellant: Nimbus
Communication LTD.
Respondent; Prasar
Bharati & ANR
Bench: Justice Pradip
Nandrajog, Justice Mukta Gupta.
Decided on: 5 April, 2016
Fact
In BCCI-Nimbus vs. Prasar
Bharati case, the BCCI and Nimbus Communication Ltd. Moved to Delhi High Court
to file a petition against Prasar Bharati Broadcasting Corporation and the
Union of India to cipher DoorDarshan satellite transmission of broadcasting
live cricket matches throughout India on DoorDarshan Terrestrial and DTH network.
Where the Prasar Bharati in their defence highlighted the objective behind the
formation of body, by mentioning the objective of public broadcasting is to
educate, inform and entertain the society, as mention in section 12(2)(e) of
Prasar Bharati Act, 1990.
Hearing the pleas from
both the sides, further the court came to the conclusion that under section 3
of the Sport Act 2007, the live feed received by Prasar Bharati rights to
DoorDarshan so as to enable the cable TV operators to reach such consumer who
have already subscribe to Cable Network.
6) The Cable Television Network Regulation
Act, 1995
The need to bring Cable Television
Network (Regulation) Act in power, to control the unethical broadcasting of
some content. As in early stage of television broadcasting cable operator
didn’t use to acquire licence for broadcasting programme and they use to
telecast any content without any regulation.
Hence, in order to check he flow of
networking, Cable Television Networking was publicize by the parliament in
1994, which further formulated in 1995.
Regulations of Cable Television Network
After, the arrival of the Act, the
cable operators was made mandatory and to regulate the broadcasting content.
Several provisions were made
including
1)
Registration of cable operators:
Under section 5 of the act, no individual is allowed to
operate cable television network till he is registered under this Act
2)
Content regulation
Under this provision
central government secure power to make an obligation in relation to the
transmission of programme through authentic source and also specify about the maximum
amount payable to subscriber to the operator.
Under section 5 and 6 of
the Act, the advertisement code and programme code have to be followed by the
cable operator in compliance with the codes. Under section 7, cable operators
need to maintain a register in which information related to transmission of
content will be available.
3)
Offences and Penalties
According to section 11,
section 17 and section 20 of the Act any designated authority acquire
power to seize the equipment’s of cable
operator, restrict the transmission of the programme which are not matching
with the ethical grounds of programme broadcasting and hampering the
sovereignty and integrity of the country. Under section 16, the cable operator
who violates all these provisions will be held liable to imprisonment for a
year which can extend to 2 years or extending fine to Rs.1000 or with both.
Amendment
Cable and Television
Network Act got amended in 2003, to address the issue of increase in cable
charges by cable operator. Government of India at that time assign special task
force to handle the matter and prepare a report for it.
Later the task force
provide a brief report about the whole issue, which include the concern of
subscriber getting no choice to choose the channel and the irrelevant demand of
cable operator of increasing price.
Special task force then
introduce Condition Access System (CAS) under this amendment customer can watch
there desirable channel for free and if they want to acquire High Definition
(HD) version of it, they can pick premium package by paying a very minimal
amount.
6)
Cyber Law
Cyber Law deals with the
security or safety of people who access internet and its related services. It
provides regulations on all the criminal activities like hacking, virus,
spamming, email bombing, phasing, cyber terrorism etc. which are done through
internet and computers. The major regulations of cyber law is found in IT Act
2000
Information and Technology Act 2002
Information and
Technology Act came into power to deal with all kind of cybercrime actives
which are taking place through electronic commerce platform. The main functions
of this Act are to
v Grant legal recognition to all e
communication platforms and digital signature
v Grant legal permission to the e
transfer of funds between the banks and institution
v Legalise to keep the accounts books
in electronic form under the Evidence Act 1891
v Ease out electronic storage of data
Salient Features of Information Technology Act 2000
v Verification of electronic records
v Formal recognition to digital
signature
v Access of electronic records and
digital signature in government
v Maintenance of electronic records
v Publication of rule in electronic
gazette.
Applicability of Information and Technology Act 2000
Section 1(2) of the Act grant power
to be applicable in whole country extends to extra territorial jurisdiction. Section
75 of the act mention the offences if committed by someone outside the country
involve computer and networks within the country is considered punishable under
the Act.
Cases related to cyber Law
Shreya Singhal v. Union of India
Citation: AIR SC 1523, 2015
Brief details
Petitioner: Shreya Singhal
Respondent: Union of India
Bench: J. Chelameswar, Rohinton Fali
Nariman
Fact
The case was charged under section 66
A of the IT Act on two women Shaheen Dhada and Rinu Srinivasan in Supreme Court
of India, where both women are charged with offense of posting offensive remark
on Facebook (Social Application) regarding the demise of a political leader Bal
Thackrey. The women in their defence filed a petition challenging article 66 A
of IT Act on the ground of violating their right of Freedom of Speech and
Expression.
Hearing the plea from both the side,
the Supreme Court of India said “every expression used is nebulous in meaning
what may be offensive to one may not be offensive to another” hence, section 66
A is not covered under article 19(2) of reasonable restriction.
7)
Drugs and Magic Remedies
(Objectionable Advertisement) Act, 1954
The Act introduced in
India to control the advertisement and promotion of drugs and other magical
remedies to provide for matters connected therewith. In this Act prohibition of
all such advertisements which promote an unethical environment and mental and
physical suffering to any human being or animal strictly will be prohibited
from producing.
Thus Act elaborates ‘Magic Remedy’ a
talisman mantr kavach or any other charm including miraculous powers, cure,
mitigation treatment and other for prevention of any disease for affecting or
influencing in any organic function of human beings and animals. Unless
recommended by medical professional
Drugs and Cosmetic Act 1940 mentions,
no individual/company shall take any part in the publication of any
advertisement referring to any drugs used for
·
The
miscarriage in women
·
aintenance
of the capacity of human being for sexual urge
·
Correction
of mensuration disorder in women
·
The
cure, mitigation, prevention of any disease
Offences and penalties
Any individual who shall found
disobeying the rules mentioned under this Act in the case of first conviction,
with imprisonment may extend to six months, or with fine, or with both.
Cases related To Magic Remedies Act
Hamdard Dawakhana V. Union of India and
Ors.
Citation: AIR, 1167, 1965
Brief details
Petitioner: Hamdard Dawakhana
Respondent: Union of India and O rs.
Decided on: 23/11/1964
Bench: justice Gajendragadka, Justice
Nidayadullah, Shah, Sikri Bachawant
Fact
The Hamdard Dawakhana, filed a petition
against Union of India by stating the grievance against Drug and Magic Remedies
Act, 1954 by mentioning how they are experiencing difficulty in publicity of
their product as several objections were raised by the authorities related to
the promotion of brand.
The petitioner mentioned about the
contravention of section 3 of Drugs and Magic Remedies Act, 1954. The drug
controller has stopped the sale of forty of the products mentioned in the
petition.
Whereas, respondent in their
clarification mentioned above the main purpose of the Act which is to prevent
people from self-meditating. As the function of Chopra Committee in 1950 was
formed mainly for the reason to check the control of such imports,
manufacturers and sale in the interest of public.
Hearing the pleas from both the side
the Bench keeping in mind about the objective behind the formation of Chopra
Committee announce, that the implementation of Act was valid as fundamental
rights are granted under Constitution of India.
8)
Working Journalist and other
Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act,
1955
The Act was introduced in
India after the independence to control some of the conditions of service
fixation of rates of working journalist and other workers affiliated to
newspaper establishment. This Act include all the rights and duties of a
working journalist that has to be provided by a media organization. It works
with only one objective which is to provide good working condition to media
house people and help in raising their standard of living.
The statutory provisions of this Act
are as follows:
Section 8: Fixation or revision of
rates of wages
Section 9: procedure for fixing and
revising rates of wages
Section 10: recommendation by Board
Section 11: Powers and Procedure of
the Board
Section 12: powers of Central
Government to modify as well to enforce the recommendation of the Wage Board
Section 13 AA: Constitution of
Tribunal for fixing or revising rates of wage sin respect of working
journalists.
Cases Related to Working Journalist Act
Rastradoot Jaipur V. Union of India
Citation:: SCC 96, (1969) WLN 63
Brief details
Petitioner: Rastradoot Newspaper
Respondent: Union of India
Bench: C Vaidialingam, I.D.Dua, J Shelat
Fact
The Writ petitions was filed by the petitioner
Rastradoot Jaipur raised to concern about the interim relief
awarded by the second wage board of the working journalists had not been
initiated by the organization management. The second wage board, pointed out,
which had been constituted by the Government of India under the Act to revise
the pay-scales of the working employees of media house with effect from 1 May
1964. There being no satisfactory outcome. The concern later handled by labour
Departments and the Deputy Labour Commissioner for the settlement the concern
raise by the petitioner was then highlighted to the conciliation officer. The
Government of Rajasthan thereupon referred the following dispute to the labour
court for adjudication:
Conclusion
In
today’s era, where any individual cannot restrict themselves without the access
of media it becomes mandatory to govern ‘Media laws’ for the security and
privacy of their users via any medium (traditional, old, new) the whole
objective of the paper is to deal with some of the major laws of media so that
the media user will get aware of different legislative affecting the various
branches of media communication and educate them about their rights so that
they can exercise them within the structure of Law existing in India.
References
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v Malpani Purvee (2015), “Media Law”,
Kamal Publishers, New Delhi
v Dr.
Sukanta K Nanda (2014), “Media Law”, Central Law Publication
v Aparimita Basu, “Media Laws- An
Overview”, Legal Service India, online article
v Indian
Kanoon, “Official Secret Act”, online article, IndianKanoon.org
v BARE ACT
(2023), “The Constitution of India”, Prabhat Prakashan
v Aggarwal,
Vir Bala and V.S. Gupta (2002), “Handbook of Journalism and Mass
Communication”, Concept Publishing Company, New Delhi
Article Information
MASS MEDIA LAWS & IT’S IMPLEMENTATION IN INDIA BY: RISHIKA MAHESHWARI
Authors: RISHIKA MAHESHWARI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/16
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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