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MEDIA SELF-REGULATION AND LAWS IN INDIA IN CURRENT SCENARIO
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MEDIA SELF-REGULATION AND LAWS IN
INDIA IN CURRENT SCENARIO
AUTHORED BY - 1PROF.
ASHOK KUMAR RAI,
Head And Dean, Department Of Law,
Dr R M L Avadh University, Ayodhya
CO-AUTHOR - 2SWATANTRA
KUMAR,
Research Scholar, Department Of Law,
Dr R M L Avadh University, Ayodhya
Abstract
The law
governing the media is not a coherent body of legislation like criminal law or
contract law. A combination of legislation and ethical principles that is
particularly important to media workers and journalists. The focus of media law
is on the legislation itself. Within the scope of this study, we analyse the
limits that exist between journalists and media businesses. There is not a
single piece of legislation that constitutes Indian media law. It continues to
develop and undergoes revisions in order to achieve its objectives. This
development has come up against a lot of obstacles, but it believes that it has
lost its core in order to provide the information that it deserves. It is
disturbing that the media is having an effect on people's perspectives, as a
result of which they trust information. The press, which is a potent tool of
mass communication, ought to be given the opportunity to help establish a robust
and sustainable society. If people were prevented from exercising their right
to freedom of the press, it would have a negative impact on public opinion and
democracy. The new media is making the most of this precarious circumstance by
insisting on their right to freedom of speech and expression. To protect the
right to free speech and expression in this day and age of mass media and the
internet, both the legislative and judicial branches of government need to
collaborate. In this investigation, we shall shed light on the foundations and
peculiarities of India's laws governing the media.
Index Terms Media, Law, fundamental right,
freedom of the press, Self-regulation
I.
Introduction
The
dissemination of information to the general public about their surroundings,
truthfulness, and position is an essential function of the media. In contrast
to other areas of law, such as criminal or contract law, media law is not
characterized by a unified structure. For journalists and the media in general,
it is of the utmost significance that laws and ethics be brought together.
After the legislative, judicial, and executive departments of government, there
are some people in the intellectual community who believe that the media should
be considered the fourth pillar of the Constitution. Therefore, the application
of media law is essential if it is to assist the effective functioning of the
media and the regulatory agencies that oversee it, and if it is to allow
journalists to conform to the professional ethical standards that govern their
profession. When it comes to the implementation of media law, it is very
necessary to pay attention to the legal framework [1]. The Constitution of
India lays the groundwork for a democratic republic to be established within
the context of the Indian Union, which has been operational for the last 66
years. India has successfully navigated its way through substantial clashes
with neighboring countries, crises, and serious domestic turmoil over the
course of the last 66 years. In the modern era, which is defined by the
necessity for the preservation of society, it is vital to take into
consideration the three main components of the state, which are the military,
the police, and the courts. Each of the three branches of government—the Legislature,
which serves as the legislative body responsible for creating laws; the
Executive, which serves as the executive branch responsible for executing laws;
and the Judiciary, which acts as the judicial branch responsible for enforcing
laws—has successfully completed their individual tasks with relatively little
duplication, demonstrating that they are both effective and efficient [2]. The
media, which is frequently referred to as the Fourth Pillar of democracy, plays
an important role in connecting the three branches of government and serving as
a vigilant guardian to ensure that these branches adhere to constitutional
obligations, the principle of separation of powers, and the rigorous
application of the rule of law. This is a crucial role that the media plays in
democracy. Our Constitution describes the current state of the Union of India,
which has been around for 66 years, as a democratic republican society. This
description is based on the fact that India has been a united nation since
1947. During the course of the last 66 years, India has successfully weathered
big conflicts with neighboring nations, a variety of crises, and instances of
severe internal upheavals. In the modern age, which is defined by the
imperative of survival, the three departments of government, namely the
Legislative Branch, the Executive Branch, and the Judicial Branch, have each
performed their separate tasks with minimal overlap, indicating that they are
both functional and efficient. It is essential that the media, which is sometimes
referred to as the Fourth Pillar of democracy, play an important role in
coordinating the many departments of government, upholding constitutional
commitments, maintaining the separation of powers, and adhering to the law.
II.
Review of
Literature
It is
essential to keep individuals informed about their environment, the facts, and
the situations. There is not a single body of law that can be referred to as
"media law," similar to how there is contract law and criminal law.
The combination of media laws and journalistic ethics constitutes the majority
of the most significant laws and ethics for a journalist. Legal issues
pertaining to the media will be discussed. We will investigate the limits that
are placed on journalists and media outlets. This shifts the emphasis away from
issues pertaining to freedom of expression, libel, privacy, secrecy,
censorship, disrespect, and access to information [4]. Over the course of its
history, India's media regulations have undergone significant changes. Due to the
length of time these limits have been in place and the fact that they have
their origins in colonialism, I will break down the historical context into two
components (Figure 1):
Fig 1: Segments
2.1 Prior to Independence
The Lord
Wellesley's Press Regulations of 1799 were the first set of legislative
restrictions; these regulations pre-censored newspaper production. The Press
Act, which was enacted at the beginning of 1835, did away with most of the
limits that were placed on the topic. The Gagging Act was enacted on June 18,
1857, and it mandated the use of likening for owners and operators of printing
presses, granted the government the authority to halt the publication or
distribution of any newspaper, book, or other printed matter, and prohibited
the dissemination of any statements or news stories that could cast doubt on
the legitimacy of the government [5]. In 1780, J. A. Hickey established the
Bengal Gazette, which is considered to be India's first typographic press. It
brought to light the unethical treatment of Indians by the E.I.C. Media
regulations caused Hickey to catch fire, which resulted in it being fined and
imprisoned. The Madras Courier was the first publication to conduct an
investigation into imperial military strategies. The very first censored
newspaper appeared in 1795 and demanded that all content be submitted for
evaluation before it could be printed [6]. The Metcalfe Act of 1830 was a
comprehensive piece of legislation that governed the production and
distribution of newspapers in colonial India. After the uprising in 1857, this
was eventually superseded by the Indian Penal Code of 1860. Nearly every
journalist in India who wrote about the Indian Independence Movement was
charged with defamation, which is a criminal offense. In India, the Press and
Registration of Books Act of 1867 and the Vernacular Press Act of 1878 placed
restrictions on the freedom of the press, which resulted in incarceration and
fines for writings that were deemed to be subversive.
2.2 After Independence
India attained
its independence in 1947, shortly after the Indian National Congress took
control of the government. The 1947 Press Legislation Enquiry Committee
conducted research and issued recommendations on regulations governing the
press. A change was made to Section 124-A of the Indian Penal Code, and the
Indian Press (Emergency Powers) Act and the Foreign Relations Act were both
abolished. Both the Telegraph Act of 1885 and the Post Office Act of 1898 were
amended throughout this process. The Press (Objectionable Matters) Act of 1951
was a piece of legislation that governed the press; nevertheless, it was
abolished in 1957. The Press Commission of India, which was established in
1952, eventually gave rise to the Press Council of India. The most significant
event in the history of media regulation occurred on January 26, 1950, which
was the day that the Constitution became legally binding. Their time spent
living under colonial rule in India instilled in them an appreciation for an
independent press. Therefore, this freedom was included in the Constitution to
provide the press with the opportunity to educate the people, and the
Constituent Assembly ensured that it would be preserved as a basic right [7].
Even though it does not specifically mention press freedom, Article 19(1) of
the Indian Constitution protects the right to free speech and expression, which
includes the freedom of the press. The right to print books, pamphlets,
handbills, circulars, and any other kind of publication that acts as a vehicle
for information and opinion is protected by the Free Press Clause, which may be
found in Article 19(1)(a) of the Constitution of the United States of America.
In spite of the fact that freedom of the press is protected, there is still a
multiplicity of regulations that control the different types of media that need
to be negotiated in order to have a complete understanding of the landscape of
the media. The Indian and Eastern Newspaper Society established the Press Trust
of India in 1949 with the goal of creating independent news organizations [8].
The Newspaper (Price and Page) Act of 1956 was passed with the intention of
regulating newspaper pricing and protecting consumers from unfair competition.
It would be financially impossible for the magazine to publish articles more
regularly without increasing their price. In the seminal case Sakal Papers v.
Union of India [AIR 1962 SC 305], the Supreme Court of India ruled that it was
unconstitutional. In accordance with Article 19(2), the government could only
limit journalistic freedom through the use of indirect reasons.
III.
Analysis of
Self Media Regulation in Current Scenario
As a
result, one may claim that the Indian Constitution does not have a provision
that guarantees the media's freedom to operate independently. In spite of this,
there is a way that the media's independence may be indirectly guaranteed. This
information comes from Article 19(1)(a), as may be determined by following its
trail backwards. This article guarantees the protection of people's rights to
free speech and expression. An examination of the history behind and the
ramifications of today's free press may be found in [7], which offers the
relevant information. According to Article 19 of our country's Constitution,
the preservation of several basic rights, notably the right to freedom of
speech and expression, is guaranteed. These provisions are of the utmost
significance because they provide the basis for the protection of individual
liberty and serve as the foundation for doing so.
3.1 Need of Media Regulation
In India,
there aren't any overtly stated restrictions that the media must abide by;
instead, there is a system of checks and balances that controls how the media
operates. Freedom of the press, freedom of speech for citizens, and freedom of
expression for people, including journalists, editors, and individuals, are all
protected under the Indian Constitution. In spite of this, it is difficult to
govern the media since there is a lack of regulation in the legislative,
executive, and judicial departments. This is problematic because the media acts
as a mirror for society and should not sensationalize news.
3.2 Regulatory Issues in Indian Media
Regulation
of the media is very necessary because of the widespread effects it has not
only on the general population but also on the country as a whole, spanning a
variety of social, political, and economic issues. Electronic media has a
higher influence than print media in today's technologically sophisticated
society, which has led to distinct regulatory frameworks being implemented.
There has been a call for the Media Council of India to combine the country's
print and electronic media outlets. However, many organizations are now
drafting and enforcing rules regarding the media, and departments often forget
that they have intervention and cross-purpose capabilities. When it comes to
regulating the content of electronic media, several bodies overlap. The Law
Commission of India is concerned about the absence of effective broadcasting
content control in India, and it has expressed these concerns in a consultation
paper about media regulation. The Information Ministry of the Union Ministry is
in charge of both content regulation and policymaking in India's media, notably
electronic media. Other notable institutions in India also govern the media,
particularly electronic media. The Ministry of Information and Broadcasting has
been deemed capable of better judging the substance of television programs, and
the courts have concluded that their intervention is superfluous.
3.3 Significance of Self-Regulation
Setting
media standards or guidelines of conduct that both support freedom of speech
and monitor behavior is an example of self-regulation in the media. Since the
media plays such an important part in democratic processes, it is crucial for
them to have some kind of self-regulation in order to maintain their
independence and autonomy and shield themselves from governmental interference.
In an environment that is more global and has increasingly complicated
jurisdictional concerns, the media often suggest that self-regulation is
preferable. The significance of self-regulation within the media is seen in
Figure 1.
Fig. 2 Merits of Self-Regulation
3.3.1 Good
for PRESS
•
The adoption of self-regulatory measures helps to
maintain public trust in the media by promoting and enforcing standards. This,
in turn, contributes to the preservation of public confidence in the media. The
exercise of self-regulation within the media sector is an extremely important
factor in enhancing the general public's faith in the honesty and dependability
of a free press system.
•
Self-regulation protects the independence of
journalists and makes it possible for them to receive professional criticism
from their colleagues rather than from those in positions of authority.
•
When journalists are satisfied with the judgments of
self-regulatory bodies, it reduces the amount of pressure placed on the
judicial system to punish journalists who have had a grievance redressed.
3.3.2 Good
for PUBLIC
•
People who consume media have every right to want
reassurances regarding the information that journalists report, since it is
only natural for them to do so. Complaint mechanisms and ethical standards
collaborate to ensure that editorial content is of the highest possible
quality.
•
Self-regulatory bodies, in contrast to courts, will
receive complaints from individuals at no expense to the one making the
complaint. The typical person stands to gain quite a lot as a result of this
development.
•
Complaining politicians could be able to resolve
differences quickly, and they might find it satisfying when the press calls
them out on their mistakes.
3.3.3
Good for DEMOCRACY
•
Conflict is not the only aspect of democracy. A
culture of reasoned and fair discourse is something that should be shared as
well. Even governments that are democratically elected are still political
contenders, and as such, they are not the most qualified to enforce rationality
and justice.
•
Another problem with governmental control of the media
is that it undermines democratic principles. The democratic political culture
may be maintained by the self-regulation of the media even in the absence of
governmental authority. It also moves forward the transition from periodicals
controlled by the state to media owned by civil society.
IV.
Media Law and
Ethics
The Press
Council of India carried out research in 2010 on the issue of media corruption
in democracies. The New York Times Ethical Handbook places an emphasis on the
constraints that are placed on members of the media, prohibits the use of
erroneous or misleading material, and advises against getting preferential
coverage or financial advice. A paid speaking engagement should also be avoided
wherever possible. Even if a member of the media lends support to a political
candidate during an election, this places a greater demand on ethical
standards. The challenges of protecting journalists are far more complex than
those of protecting companies. Legislation pertaining to the media is a
collection of legislation as well as ethical guidelines that govern the work of
the media. The restrictions for the various media are all different. Nevertheless,
every journalist is required to abide by a set of rules [12–15]. The only way
for journalists to serve the public interest in a society based on democratic
principles is for them to adhere to the legally and ethically mandated
standards of their profession. There has never been a time in our history when
mass communication has been more pervasive in our everyday lives.
V.
Conclusion
This
research paper investigates the connection between freedom of the media and
freedom of speech or expression, focusing on the ways in which freedom of the
media might exist alongside or in place of freedom of speech or expression.
This further highlights the critical role that the media plays as a public
watchdog and its ability to efficiently transmit information and ideas,
therefore protecting the people's right to access information of this kind. The
development of a free and democratic society is contingent upon the
availability of unlimited freedom of speech as well as free and independent
media. It is vital to maintain the existence of an atmosphere that supports the
freedom to exchange ideas and develop points of view in order for democratic
political institutions to operate efficiently. This environment should also
allow for the free development of ideas and perspectives. The protection of
people's rights to speak their minds freely is one of the most important
requirements for efficient administration as well as the promotion of economic
and social progress on a national scale. It has been concluded that the
existence of freedom of expression plays an essential role in promoting the
evolution of persons, the maintenance of their dignity, and the achievement of
personal pleasure. The essential values of democracy and the very survival of a
free society are put in jeopardy when there are not sufficient protections in
place to protect the right to freedom of expression, which are backed by
institutions of the law that are neutral. The realm of media has broadened to
include, among other things, the realm of internet media. They are subject to a
variety of laws in their respective jurisdictions. This article does not cover
all laws pertaining to the media; nonetheless, it does educate readers on the
most important laws impacting media communication, their rights, and how to use
those rights within the confines of Indian law, thus increasing freedom of
speech, expression, and information.
References
1.
Andrew Puddephatt (2011): The Importance of
Self-Regulation of the Media in Upholding Freedom ofExpression.
2.
Christian Nissen (2006): Public Service Media in
theInformation Society. Media Division, Directorate Generalof Human Rights,
Council of Europe,
3.
Aiyer Venkat (2000), Mass Media Laws and Regulations
in India, Bahri Sons (India Research Press), Delhi
4.
Prasad Kiran (2011), Media Laws in India, Kluwer Law
International
5.
Hijazi Irshad (2015), Media law and Ethics, Irshad
Hijazi
6.
Puddephatt, Andew (2011) The importance of
self-regulation of the media in upholding freedom of expression; ISSN:
2176-3224.
7.
Sridhar, Madhbhushi (2011) Media Law Review; NALSAR
University of Law, Vol. I 2010 and Vol. II, 2011.
8.
Panneerselvan, A.S. (2013) Regulating Media; The Hindu
Reader’s Editor Series of VI Articles.
9.
Tiwari, Shishir and Ghosh, Gitanjali (2017) Social
media and freedom of speech and expression: Challenges before the Indian Law.
North Eastern Hill University, Shilong.
10. Korpisaari,
Paivi (2014); The Finnish model of Media self-regulation and freedom of speech
from the legal point of view; University of Helsinki.
11. Tsesis,
Alexander (2016) Terrorist Speech on social media; Vandarbilt Law Review, Vol.
70, 2017.
12. Prasad
Kiran (2011), Media Laws in India, Kluwer Law International
13. Hijazi
Irshad (2015), Media law and Ethics, Irshad Hijazi
14. Hugh
Tomlinson & Matrix Chambers, The New UK Model of Press Regulation (Mar.
2014).
15. Lunt, Peter
and Livingston, Soria (2012) Media regulation: Governance and the interests of
citizens and consumers; Sage Publications Ltd; ISBN: 9780857025708
Article Information
MEDIA SELF-REGULATION AND LAWS IN INDIA IN CURRENT SCENARIO
Authors: PROF. ASHOK KUMAR RAI, SWATANTRA KUMAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/25
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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