GUJARAT NATIONAL LAW UNIVERSITY

MEDIA AND ITS IMPACT ON INCREASING CRIMINAL

BEHAVIOR
(Synopsis submitted in partial fulfillment of the requirements of the
seminar paper on Media Law)

SUBMITTED

TO:

DR. JOSHUA N. ASTON

FACULTY SUPERVISOR
MEDIA LAW

SUBMITTED

BY:

AKSHAT VERMA
REGISTRATION NO. 10A011
SEMESTER IX

TABLE OF CONTENTS
Sr. No.
1.

Page No.
3

ACKNOWLEDGEMENT

2.

LIST OF CASES

3.

ABSTRACT

4.

INTRODUCTION

5.

RESEARCH OBJECTIVE

RESEARCH PROBLEM

RESEARCH QUESTIONS

HYPOTHESIS

10

RESEARCH METHODOLOGY

11

LIMITATION OF THE STUDY

12

UTILITY

12

PREFACE

13
16

CHAPTER 1
DEFINITIONS,

6.

DISTINCTIONS

AND BACKGROUND
CHAPTER 2
MEDIA

29

AND

ITS

RELATIONSHIP
INCREASING

WITH
CRIMINAL

BEHAVIOR-

THEORITICAL APPROACH
7.

35

CHAPTER 3
CASES RELATING VIOLENCE ON
TELEVISION,

MOVIES

DOCUMENTARIES, VIDEO GAMES

8.

AND IN PRINT MEDIA

CHAPTER 4
MEDIA

AND

ITS

41

EFFECT

SOCIAL ENVIRONMENT
1

ON

9.

CHAPTER 5

44

LEGISLATIVE FRAMEWORK FOR

MEDIA
10.

CONTENT

IN INDIA
CHAPTER 6

REVIEW

OF

DEALING

11.
12.

REGULATION
57

CASE

STUDIES
MEDIA

WITH

CENSORSHIP
CONCLUSION
BIBLIOGRAPHY

65
68

ACKNOWLEDGEMENT
I8express8my8sincere8gratitude8towards8Dr.

Joshua

N.

Aston8for8his8guidance, who provided insight and expertise that greatly

assisted the research. I would like to express my deepest appreciation to
all those who provided me the possibility to complete this report by their
stimulating suggestions and encouragement.
Furthermore, I would also like to acknowledge with much appreciation
the crucial role of the staff of GNLU Library who gave the permission to
use the necessary material to complete the task. I have to appreciate the
guidance given by Samarth M. Raju for reviewing the dissertation and
improving the presentation skills of the same.
Akshat Verma

LIST OF CASES

Ajay Goswami v Union of India & Others

Bobby Art International & Others v Om Pal Singh Hoon & Others

C. J. Prim v. The State A.I.R. 1961 Cal.177

Calder Publications Limited v. Powell [1965] 1 Q.B. 509.

Chandrakant Kalyandas Kakodar v. The State of Maharashtra

[1970] 2 S.C.80

Chandrakant Kalyandas Kakodar v. The State of Maharashtra [1970

2 S.C.80

Chatterjee J. in Kherode Chandra Roy Chowdury v. Emperor (1911)

I.L.R. 39 col.
Crl. Revision Petition No. 114/2007.

D.P.P. v. A. and B.C. Chewing Gum Limited [1968] 1Q.B. 159.

D.P.P. v. Whyte and another

Director General, Directorate General of Doordarshan & Others v

Anand Patwardhan and Another

Durlap Singh v. The State (1971) 73 P.L.R.D. 113.

Durlap Singh v. The State (1971) 73 P.L.R.D.113.

E. Adikesavalu v. State of Madras (1963) M.W.N. 628.

Emperor v. Harnam Das (1946) 48 Cr.L.J. 910

Empress of India v. Indarman (1881) I.L.R. 3 All. 837.

Indian Express Newspapers v. Union Of India, (1985) 1 SCC 641

K A Abbas v Union Of India and Another

Life Insurance Corporation of India v. Manu Bhai D. Shah, (1992) 3

SCC 637.

Lowell v Griffin (1938)303 US 444

Mantripragada Markondeyulu (1916) 18 Cr.L.J. 153.

Maqbool Fida Husain v Raj Kumar Pandey

Public Prosecutor v.

Punjabi v. Shamrao A. 1955 Nag 293.

Queen v. Hicklin (1868) L.R. 3 Q.B. 360 at p. 371.

4

Raj Kapoor and Others v State and Others

Ranjit D Udeshi v State of Maharashtra

Regina v. Hicklin, L.R. 2 Q.B. 360 (1868)

Roth v. U.S., 354 U.S.

Sakal Papers Ltd. v Union of India, AIR 1962 SC 305.

Samaresh Bose and Another v Amal Mitra and Another

State v. Girdharlal T. Popatlal [1954] 57 Bom.L.R. 452.
Suo Moto v State of Rajasthan

ABSTRACT
One of the notable changes that occurred in our social environment in
this century is due to the advent and saturation of mass media. There
have been growing concerns about the contents displayed on air and its
effects on the vast population exposed to those contents. Radio,
television, video, video games, movies and computer networks along
with the access of internet, these instruments and new technologies
have an enormous impact on our values, beliefs and actions. This mass
exposure of media has detrimental effects on viewers health which has
occurred over many years by the contents displayed; such as violence on
television and in video games and through other sources and channels.
Researches show that fictional television and violence in various movies
and documentaries along with various shows that deal with crime
investigation principally in the form of imitative suicides and acts of
aggressions etc. contribute to both long term and short term increase in
aggressions and violence in young viewers. The correlation between
media violence and real world violence can be controlled by the nature
of content and its influence on the individual but still the overall size of
the effect is large enough to place it in the category of known threat to
public health.
The present paper critically tries to assess that the mass exposure of
media has a very significant effect on increasing criminal behavior. It
seeks to probe the efficacy of the existing legislations pertaining to
media.

It will also analyze various researches which have been

conducted on this issue and will try establishing the fact that it does
increase criminal behavior and is a threat to public health by citing
various examples and case studies on real events which have occurred.

RESEARCH OBJECTIVES
It must be emphasized before writing the objectives of this paper that
violent behavior seldom develop from many causes and mass media is
one of the potential factors that influence the risk of violence. The
researcher is not suggesting that media violence and its exposure to the
public alone causes violent behavior and increase in criminal behavior.
This Dissertation aims to explain the importance of the content shown
by the media industry and its regular interaction with the individual
affects the thinking and conduct of persons if one is exposed to the
same condition for many years.
This Dissertation aims to study the effects of long exposure of violent
videos, video games and aggressive programs on individual and how
one develops such conduct which is not acceptable promoting
aggression and violence.

CHAPTER 1
SELECTION OF RESEARCH PROBLEM
Since the past few decades the power of media has grown considerably,
and various incidents have come to light showing the power media has to
influence the individual behavior. There have been growing debates over
the content shown on air or reported in print and its impact on the
conduct of people exposed to it. Connected incidents have occurred in
various countries which provide evidentiary value to lot of researchers in
the past who dealt with this topic about the growing criminal behavior.
Now a days media is not just restricted to print, it is broadly classified as
visual and non-visual, and especially visual media has the highest
potential to influence individual acts in relation to aggressiveness and
tendency of violence in their conduct.
The aims behind selection of this research problem are as follows: To

summarize

the

present

accepted

position

in

the

research

community and to chart its development in connection with the media

and its impact on criminal behavior.
To study how the contents displayed over visual media and its long
exposure on certain individuals and how they develop that sort of
characteristics which include fierceness in their conduct?
The researcher also aims to review the effects of non-visual media,
like as literature, news papers and various magazines which report
violent criminal incidence and study their effects in the light of visual
media.
To suggest legal remedies considering the current developments in
media also highlighting its international nature and to fill the lacuna
in the present international framework about the growing need to
regulate the contents and elaborate on the challenges faced in doing
8

the same.

RESEARCH QUESTIONS
What is the common accepted understanding among scholars about
the impact of media on increasing criminal behavior?
What is the current legal framework in subsistence which regulates
the media content?

Does this framework amount to censorship of Media?

What is the scope to which censorship is allowed without violating the

Fundamental Rights vested by the Constitution of India?

10

HYPOTHESIS
There is sufficient evidence to conclude that violent media contents
whether visual and non-visual does lead to criminal behavior and
there are not sufficient adequate legal safeguards to address this
considerably growing menace.

11

RESEARCH METHODOLOGY
In order to examine the effect of media on increasing criminal behavior
and address specific research hypotheses, the present study will utilize
data from a secondary source.
General Method of Analysis:
Deductive approach is being used in this research paper to accomplish
the said objectives. An empirical method is being used in the completion
of this research paper.
Research Tools:
Acts, Books, Articles by different scholars and websites are the tools
being used/to be used for the research of the chosen topic. The Research
of this Project was carried out with the help of the Internet and in the
Library of the GNLU.
Apart from above, the research methodology is doctrinal in nature. The
primary sources will be the actual legislations, case laws, press articles
and broadcasted news items and international standards observed for the
purpose of governing the media and drawing the line for the freedom of
expression whereby it. The secondary sources will be the books, articles
and websites which are relevant to the present topic.

12

LIMITATIONS OF THE STUDY

One of the significant loopholes in the study is the lack of personal data
collection, no personal survey regarding media and its impact on
increasing criminal behavior was conducted, all data sources are
secondary in nature.
There is no Psychological angle to the research and hence focus is
restricted to a practical analysis of the same based on prior research and
case studies.

UTILITY
This research paper will be an effective summarization off the current
issue which is now posing a potential threat to public health. Important
suggestions will be made regarding the contents displayed on air and
how it influence individual behavior thereby indirectly leading to criminal
behavior. The researcher will try to suggest certain legislative framework
and few regulations which can be implemented in order to check and
balance media and its effect on minds which are exposed to such
contents for a long duration.

13

PREFACE
The media is the most powerful entity on earth. They have the power to
make the innocent guilty and to make the guilty innocent, and that's
power; because they control the minds of the masses.-Malcolm X1
Media in the modern times has become one of the important sources for
ideas, beliefs and scripts that people acquire and put to use in the real
world. This mass exposure of media has particularly accumulated into
detrimental effects on viewers health over many years by the contents
displayed such as violence on television and in video games and through
other sources and channels resulting in increasing the risk of violent
behavior on the viewer's part. With the advent and saturation of mass
media in the twentieth century the debate over the present issue has
grown considerably and it is one of the reasons that the researchers
accumulated many evidences to prove that long exposure of media and
its contents which contain aggressive behavior on human minds does
change the conduct of such person. Exposure to violence has a
detrimental effect for both short term and long term. Therefore concerns
over the social impact of mass media have grown. Critics thereby charge
that motion pictures have a negative influence on different age groups.2
There is lot more focus which can be assigned to the characteristics of
viewers, their social environment and the type of media content they are
exposed to. These things influence the degree to which media violence
affects criminal behavior. Short-term exposure often leads to the increase
in aggressiveness both physically and verbally which tends to develop in
aggressive thoughts and emotions while large scale exposure of media on
certain age groups like during childhood is reflected with aggression
later in life including physical abuse towards spouse and old parents.
Apart from the increase in aggression reflected in the conduct of any
1 http://www.goodreads.com/book/show/31067.Malcolm_X_Speaks
2 Roger D. Wimmer and Joshep Dominick, Mass Media Research: an Introduction (9th
edn, 2009).

14

reasonable person, such contents can also lead to a clinical cut-off.3

Despite all the research it cannot be said that the origins of violent
criminal behavior only originates from the impact of media, but a lot of
different factors can be taken into consideration, while deducing the fact
about the aggressiveness of certain persons. Their upbringing, their
surrounding, personality, family etc. are the other factors which can
frame the mind of a particular person. If the contents of media had a
riding effect on such particular persons mind it can have a drastic effect
on such persons. In fact the present media no longer reflects the culture,
but instead of that it poses itself as an agency that acculturates the
viewer in the direction it wants to.
Apart from the visual media, print media also has a detrimental and
significant effect on the minds of the people. Newspapers and magazines,
having a considerably large circulation, cover an important section of the
society and are no less important in their impact which seldom show
many of the same patterns as reflected by the visual media such as
television programming etc. and many a times, certain crimes are
conducted based on the stories printed in the newspapers and
magazines.4
News related to sexual abuse and violent criminal behavior now-a-days
can be seen in every single newspaper which is in circulation and the
way it is presented therein, has a major impact on the minds of the
people. Television programs, movies, news programs, documentaries and
also the print media often pose images of women as targets of stalking
and other violent crimes which can be linked to sexual abuse and

3 A clinical cut-off can be referred to as a percentage above which a

person can be said to attached with a particular psychological disorder, it
signifies the presence of mental-health problems and the risk pertaining
to the same.
4 Judith M Sgarzi and Jack McDevitt, Victimology (Prentice Hall 2003).
15

violence,5 and therefore certain sections of the present paper, are also
focused on showing the impact of visual and non-visual media.
Nevertheless there is a conflict between the researchers of one group
which constantly defends the media and the other which continuously
suggests media increasing criminal behavior in society. Certain evidences
can be attributed to the first group as there is a large population who
constantly watches thousands of media contents presenting sexual abuse
and violence and still dont commit crimes. But the contrasting view is
taken into consideration, many scientists, criminologists and social
thinkers have asserted the fact that media does have an influence and it
acts as a cultural training ground.
Media as of today has become an integral part of our daily life. It cannot
be denied that the power of the modern press is not just restricted to its
capability to collect information and amuse us but originates mainly from
its capability to determine situations, thereby allowing it to create public
truth. There can be little doubt any more that public truth is culturally
designed and a growing body of literary works indicates that the mass
media play a key role, perhaps the most significant power, in building our
understanding of public relation and social reality. One of the reasons
why the media exert such a vast influence on the society is because our
major

social

institutions

like

the

government,

corporate

entities,

educational institutions etc. rely on the media to communicate its

message to the society.
This present research paper focuses on the power of media and its
impact on increasing criminal behavior, it aims to explain the importance
of the content shown by the media industry and its regular interaction
with the individual affects the thinking and conduct of persons and study
the effects of long exposure of violent videos, video games and
5 Gordon Dahl and Stefano Della Vigna, 'Does Media Violence Increase
Violent Crimes?,' [2008] National Bureau of Economic Research.
16

aggressive programs on individual and how one develops such conduct

which is not acceptable promoting aggression and violence and to
summarize the present accepted position in the research community and
to chart its development in connection with the media and its impact on
criminal behavior.

17

CHAPTER 2
DEFINITIONS, DISTINCTIONS AND BACKGROUND
The preliminary question which arises before moving any further; is what
entails media. Media is the medium through which people gain access to
new information and ideas. Media includes every broadcasting and
narrowcasting medium such as newspapers, magazines, TV, radio,
billboards, direct mail, telephone, fax, and internet. The media is vital in
the role it plays in uncovering the truth and rousing public opinion. It is
the media which builds an impression in the minds of many individuals.
Such impression may result into positive behavior but sometimes it result
into increase of violent criminal behavior of certain individuals.
The subsequent question which needs to be addressed is if media play an
important role in increase of violence and aggressive criminal behavior.
The question at hand cannot be answered without looking into the
background and the period through which it has evolved considerably,
i.e., the last few decades, and it is very necessary to differentiate
between the actual crimes committed by certain individuals which can be
based on provocation or in self defense and other crimes which have
their roots in the contents displayed by the media as these crimes portray
the same characteristics as shown in these contents.
Therefore before proceeding it is important to demarcate between the
two terms that is: media violence and violent behavior. As stated earlier,
it must be considered that media is not the only medium through which
deviant behavior is increasing, as crime was committed in the earlier
times also when mass media has not developed to its horizon, yet now-adays it can be said that the influence of the violent mass media is best
viewed as one of the many potential factors that influence the risk of
violence in certain individuals.6
6 Gordon Dahl and Stefano Della Vigna, 'Does Media Violence Increase
Violent Crimes?,' [2008] National Bureau of Economic Research.
18

Media contents and violence can be defined as an act of aggression by

human being which involves the others as well and other such visual
portrayals of sexual abuse and violence as done by the electronic and
print media. Prior researchers had evolved the definition on the basis of
effects of media violence as shown in many movies such as Mad Max,
The Godfather, Cliff-hanger, True Lies, Pulp Fiction etc. and in our Indian
cinema in which often women are portrayed as weak and feeble
characters that are meant to be exploited.
For example if a girl is dressed in a seductive manner she has lost the
right to say NO or if a female says no, she really means yes. Such types
of attitudes are promoted by the media which give double messages.
Often it can be seen that many female victims of aggression state that, I
shouldnt have been there or I shouldnt have worn these clothes, this
type of thinking is often prompted by the media contents that portray
women like sexual objects and it is blamed most of such cases happened
because

the

women

crossed

the

line.

Todays

electronic

media,

particularly movies and television series cultivate the same observation.

Therefore, media contents which have impact on criminal behavior are
often judged on the basis of aggressiveness present in the behavior of
certain individuals who are exposed to the particular type of contents
and it can be asserted based on prior researches that the degree of
aggressiveness is different in the persons who were exposed to such
contents

as

compared

to

the

other

individuals

who

are

shown

particularly light and cultural programs.

Apart from the above, violent behavior is a completely different thing
which can be seen in person who is not exposed to the contents of media
yet they commit certain crimes which are not acceptable in the society
and at the same time it cannot be seen in persons who are exposed to
such contents. As far as, media is concerned, it does not only have an
19

impact on violent behavior but it covers whole of a human mind which

includes emotions, thought and beliefs. Violent behavior forms only a
part of the big umbrella and other factors are also important to be put
aside while deriving a result about the actual impact of media on
increasing criminal behavior.

20

HISTORY AND BACKGROUND

DEVELOPMENT OF INDIAN MEDIA LAW
Mass Media laws in India have a very long history and play a vital role in
the

countrys

colonial

experience

under

British

rule.

The

initial

regulatory measures can be traced back to 1799 when Lord Wellesley

promulgated the Press Regulations, which imposed pre-censorship on
newspaper publishing industry and any breach was punishable with
immediate deportation. The beginning of the year of 1835 saw the
promulgation of the Press Act, which was somewhat liberal in nature and
undid most of the repressive features of earlier legislations on the
subject.
Thereafter, the government passed the Gagging Act7 in on 18th June
1857, which inter alia, introduced compulsory licensing measures for the
owning or running of printing presses. It further empowered the
government to prohibit the publication or circulation of any newspaper,
pamphlet, book or other printed material and it also banned the
publication or dissemination of statements or news stories which had a
tendency to cause a furore against the government or weakening its
authority among the people.
Then followed the Press and Registration of Books Act in 1867 and
which continues to remain in force till date. Lord Lytton, the then
Governor General, promulgated the Vernacular Press Act of 1878
allowing the government to clamp down on the publication of writings
deemed seditious and to impose punitive sanctions on printers and
publishers who failed to fall in line. It was a very vital legislation as it
brought the press community under one umbrella. In 1908, Lord Minto
promulgated the Newspapers (Incitement to Offences) Act, 1908 which
empowered local authorities to take action against the editor of any
7 The Vernacular Press Act, 1878.
21

newspaper that published matter deemed to constitute an incitement to

rebellion. This had created a huge uproar among the masses owing to its
unreasonable & arbitrary nature.
However, the most significant day in the history of Media Regulations
was the 26th of January 1950, the day the Constitution of India came into
force. The colonial experience of the Indians had made them realise the
relevance of the Freedom of Press. This freedom was therefore
integrated in the Constitution as a Fundamental Right, to empower the
Press to disseminate knowledge to the masses. Although, the Indian
Constitution does not mention the liberty of the press expressly, it is
clearly evident that the liberty of the press is included in the freedom of
speech and expression under Article 19(1) (a).8 It is however necessary to
mention that, this freedom is not absolute but can be restricted by
certain clearly defined limitations under Article 19(2) in the interests of
the public.
It is necessary to mention here that, this freedom under Article 19(1)(a)
is not only cribbed, cabined and confined to newspapers and periodicals
but also includes pamphlets, leaflets, handbills, circulars and every sort
of publication which affords a vehicle of information and opinion.9
Thus, although the freedom of the press is guaranteed as a fundamental
right be being a part of the Freedom of speech and expression, it is
necessary to deal with the various laws governing the different areas of
media so as to appreciate the vast expanse of media laws.
PRINT
The Freedom of Press and the Freedom of Expression can be considered
as the very basis of a modern democratic form of government in the. The
8CAD, Vol VII page 980 (as per Dr. B.R. Ambedkar); view reiterated by
the Supreme Court in Indian Express Newspapers v. Union Of India,
(1985) 1 SCC 641.
9Lowell v Griffin (1938)303 US 444; this view was followed and relied
upon by the Supreme Court of India in Sakal Papers Ltd. v Union of
India, AIR 1962 SC 305.
22

various statutes, which must be taken into consideration when dealing

with the regulations imposed upon the Print Media, are:

The Press and Registration of Books Act, 1867 This legislation

regulates printing press and newspapers and makes registration
with an appointed Authority obligatory for all printing presses.

The Press (Objectionable Matters) Act, 1951 This Act provides

against the printing and publication of provocation material to
crime and other objectionable matters.

The Newspaper (Prices and Pages) Act, 1956 This enactment

empowers the Central Government to regulate the price of
newspapers in relation to the number of pages and size and also to
regulate the allocation of space to be allowed for advertising
matter.

When dealing with this statute, it will be worthwhile to mention about

the case of Sakal Papers Ltd. v. Union of India10. In this case, the Apex
Court struck down the direction issued by the Government that no
newspaper can print more than eight pages. Here, the newspaper
company was not even permitted to make use of the news print allotted
to some other edition from being utilised for printing more pages of
another edition; that is, even without exceeding the allowed newsprint,
the newspaper companies could not print more than eight pages. The
State justified the law as a reasonable restriction on a business activity of
the citizens of India. The Apex Court struck down the order rejecting the
States argument. It held in that case, that a restriction on the number of
pages resulted in restriction in its publishing more advertisements and
more news matter. Consequently, it was held to be unconstitutional as it
infringes on the right to circulation.

10AIR 1962 SC 305.

23

Defence of India Act, 1962 This statute came into force during the
Emergency declared in 1962. It aimed at restricting the Freedom of
the Press to a large extent keeping in mind the turmoil existing in
India in lieu of the war against China. An Act to provide for special
measures to ensure the public safety and interest, the defence of
India and civil defence and for the trial of certain offences and for
matters connected therewith.11 Furthermore, the Act empowered
the Central Government to issue regulations with regard to
exclusion of publication or communication prejudicial to the civil
defence/military operations, prevention of detrimental reports and
prohibition of printing or publishing any issue in any newspaper.

Delivery of Books and Newspapers (Public Libraries) Act, 1954 As

per this Act, the publishers of books and newspapers were required
to deliver a copy of every published book to the National Library at
Calcutta and one reproduction each to three other public libraries
specified by the Central Government, free of cost.

The

Working

Journalists

and

other

Newspaper

Employees

(Conditions of Service and Miscellaneous Provisions) Act, 1955 It

lays down the bare minimum standards of service conditions for
newspaper employees and reporters.

Civil Defence Act, 1968 This act allows the Government to make
rules for the prohibition of printing and publication of any book,
newspaper or other document prejudicial to the Civil Defence.

Press Council Act, 1978 it is under this Act that the Press Council
was reconstituted (after 1976) to uphold and develop the standards
of newspaper and news agencies in India.

Although on one hand, the Constitution confers the fundamental right of

freedom of the press, Article 105 (2) provides certain restrictions on the
11 Preamble, The Defence Of India Act, 1962, Act NO.51 OF 1962.
24

publications of the proceedings in Parliament. In the famous Pandit MSM

Sharma v. Sri Krishna Sinha12, the Supreme Court held that, the
publication by a tabloid of parts of the speech of members in the House,
which were ordered to be expunged by the Speaker constituted a
violation of privilege.
Due to the limited scope of this piece of writing, it is not possible to
probe into all the other statutes; nevertheless, a few of the legislations,
which are worth mentioning are the Contempt of Courts Act, 1971 and
The Official Secrets Act, 1923.
BROADCAST
Formerly, the broadcast media was under complete control of the
Government of India. Private bodies were involved only minutely in
commercial advertising and sponsorships of programmes. Nonetheless,
in Secretary, Ministry of I&B v. CAB13 the highest Court clearly differed
from the aforesaid monopolistic approach and emphasized that, every
citizen has a right to broadcast and relay to the viewers/listeners any
significant event through electronic media, television or radio and also
held that the Government had no domination over such electronic media
as such monopolistic power of the Government was not provided
anywhere in the Constitution or any other statute or law prevailing in the
country.
This judgment, thus, brought about enormous change in the position
prevailing in the broadcast media, and such quarter became open to the
citizens.
The Broadcasting Code for AIR and Doordarshan is of prime importance
so far as laws governing broadcast medium are concerned. It was
adopted by the Fourth Asian Broadcasting Conference in 1962 listing

12AIR 1959 SC 395.

13(1995) 2 SCC 161.
25

certain cardinal principles to be followed by the electronic media. These

are:

To ensure the objective presentation of news and fair and unbiased

comment

To promote the advancement of education and culture

To raise and maintain high standards of decency and decorum in all

programmes

To provide programmes for the young which, by variety and

content, will inculcate the principles of good citizenship

To

promote

communal

harmony,

religious

tolerance

and

impartial

and

international understanding

To

treat

controversial

public

issues

in

an

dispassionate manner

To respect human rights and dignity14

Cable Television Networks (Regulation) Act, 1995 essentially regulates

the operation of Cable Television in India and regulates the payment
rates and the total number of subscribers receiving programmes
transmitted in the basic level. In pursuance of the Cable Television
Network (Regulation) (Amendment) Bill, 2002, the Central Government
has the power to make it obligatory for every cable operator to transmit
or retransmit programme of any pay channel through an addressable
system as and when the Central Government so notifies. Such notification
can also include the number of free to air channels to be included in the
package of channels forming the basic service tier.
FILM
14 Ila Patel, Ethinicity, Media Legislations and Policy Directives in India,
Working Paper Series, Institute of Rural Management, 1998.
26

India is one of the largest producers of motion pictures in the world. The
annual budget of the film industry exceeds that of the many major
countries. The various laws in force regulating the making and screening
of films are: The Cinematograph Act, 1952 It has been passed to make provisions for
a certification of cinematographed films for exhibitions by means of
Cinematograph. Under this Act, a Central Board of Film Certification
with advisory panels at regional centres has been formed which is
empowered

to

examine

every

film

and

sanction

it

whether

for

unrestricted exhibition or for exhibition restricted to adults. The Board

can also refuse to sanction a film for public exhibition.
In K. A. Abbas v. Union of India 15, a Constitution Bench of the Supreme
Court considered important questions relating to pre-censorship of
cinematograph films in relation to the fundamental right of freedom of
speech and expression. The two issues which were considered deeply
are: (a) that pre-censorship itself cannot be tolerated under the freedom
of speech and expression; (b) that even if it were a legitimate restraint on
the freedom, it must be exercised on very crystal-clear principles which
leave no room for arbitrary action. This Court held that censorship in
India had full validation in the field of exhibition of films since it was in
the interest of society and if the legitimate power is abused it can be
stuck down. While dealing with the grounds on which the 'U' certificate
was refused, the learned Chief Justice observed:
The task of the censor is extremely delicate and his duties cannot be the
subject of an exhaustive set of commands established by prior
ratiocination. But direction is necessary to him so that he does not sweep
within the terms of the directions vast areas of thought, speech and
expression of artistic quality and social purpose and interest. Our
standards must be so framed that we are not reduced to a level where
the protection of the least capable and the most depraved amongst us
15AIR 1971 SC 481.
27

determines

what

the

morally

healthy

cannot view or read.

The Supreme Court observed that, pre-censorship of films under the
Cinematograph Act was justified under Article 19(2) on the ground that
films have to be treated separately from other forms of art and
expression because a motion picture was able to stir up emotion more
deeply and thus, classification of films between two categories A (for
adults only) and U (for all) was brought about16.
Furthermore, in Bobby Art International v. Om Pal Singh Hoon17, the
Supreme Court re-affirmed the afore-mentioned view and upheld the
order of the Appellate Tribunal (under the Cinematograph Act) which had
followed the Guidelines under the Cinematograph Act and granted an A
certificate to a film.

Cine

Workers

and

Cinema

Theatre

Workers

(Regulation

of

Employment) Act, 1981 This legislation affords a measure of

security to those engaged in the industry by commanding certain
obligations on motion picture producers and theatre owners with
reference to the formers condition of service.

Cine Workers Welfare Cess Act, 1981 and the Cine Workers Welfare
Fund Act 1981 These enactments seek to create means of
monetary support to cine employees, the seasonal and capricious
nature of whose employment often leaves them impoverished and
vulnerable.
Besides these, there are also a small number of local legislations,
which affect the motion picture medium; viz.

16This view was re-iterated in Life Insurance Corporation of India v.

Manu Bhai D. Shah, (1992) 3 SCC 637.
17(1996) 4 SCC 1.
28

Bombay Cinemas (Regulation) Act, 1953 It provides a format for

state licensing of cinema theatres and other places where motion
pictures are exhibited

ADVERTISING
Advertising is a form of communication intended to persuade an audience
(viewers, readers or listeners) to purchase or take some action upon
products, ideals, or services.18 Advertising communication is a blend of
arts and facts subservient to ethical morality. In order to be consumeroriented, advertisement will have to be honest and ethical. It should not
hoodwink the consumer.
The Advertising Standards Council of India was set up, in order to
enforce an ethical regulating code. Enthused by a similar code of the
Advertising Standards Authority (ASA) UK, ASCI follows the subsequent
basic guiding principles in order to achieve the recognition of fair
advertising practices in the interest of the customer:

To ensure the truthfulness and honesty of representations and claims

made by advertisements and to safe guard against misleading
advertising;

To ensure that advertisement are not offensive to generally accepted

standards of public decency;

To safeguard against indiscriminate use of advertising for promotion

of products which are regarded as hazardous to society or to
individuals to a degree or of a type which is unacceptable to society
at large; and

To ensure that advertisements observe fairness in competition so

that the consumers need to be informed on choices in the market

18 Advertising, available on http://en.wikipedia.org/wiki/Advertising dated

28/8/2013.
29

places and canons of generally accepted competitive behaviour in

business are both served.19
The other legislations affecting the area of advertising are: Drug and Magic Remedies (Objectionable Advertisement) Act, 1954
This Act was enacted in order to control the advertisements of drugs in
certain cases and for prohibiting the advertisement for certain purposes
of remedies alleged to possess magic qualities and to provide for matters
connected therewith.
In Hamdard Dawakhana v. Union of India 20the Supreme Court was faced
with the problem as to whether the Drug and Magic Remedies Act, which
put limitations on the advertisements of drugs in certain cases and
prohibited advertisements of drugs having magical merits for curing
diseases, was well-founded as it restrained the freedom of speech and
expression of an individual by striking restrictions on advertisements.
The Highest Court held that, an advertisement is without doubt a form of
speech and expression however every advertisement is not an issue
dealing with the expression of ideas and consequently advertisement of a
mercantile nature cannot fall within the conception of Article 19(1) (a).
However, in Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd,21a three
judges bench of the Supreme Court differed from the view expressed in
the Dawakhana case and held that commercial advertisement was
definitely a part of Article 19(1)(a) as it aimed at the dissemination of
information about the product. The Court, however, made it clear that the
government could control commercial advertisements, which are illusory,
unreasonable, disingenuous and untruthful.

19 Principles of the ASCI Codes, Advertising in the Food Industry, South

Asian Media Briefing on Food Safety and Environmental Toxins,
http://www.cseindia.org/userfiles/ascindia.pdf, dated 18/9/2013.
20AIR 1960 SC 554.
21(1995) 5 SCC 139.
30

In this age of media explosion, traditional media cannot be the limit for
anyone. The media world has expanded its dimensions by encompassing
within its orbit the widening vistas of virtual media etc. As an end result,
the laws governing them have also grown in number. All the facets of
media have to remember the reason of their existence and follow the
ethics and morals which form an undeniable part of the Freedom of
Press.
Concerns over the impact of media are not very old nevertheless it has
become one of the most burning issues in the present day society. It can
be traced as far back as the 1920, when many researchers and scholars
had charged the motion pictures that it had a negative influence on the
minds of children.
The Payne Fund Study22
In 1928, executive director of the Motion Pictures Research Council, Mr.
William H Short, received a grant of 2 million dollars to study the effects
of motion pictures on children thereby creating a group of prominent
educators, sociologist and psychologists into the committee on education
research of the Payne Fund. The study continues from 1929 to 1935,
producing a series of twelve studies. These researchers considered factor
such as film attendance, contents in those movies, the comparison of
behavior as shown in the films and compared to the normal social
behavior, its effect on thinking and health etc.
The result of the above study was not convincing as it was hoped but it
had given the basic idea to the researchers. The study was said to lack
scientific rigor but it was the first attempt made to study the impact of
media. It can be said that the Payne study findings were correct for that
time but was limited to a small part of the horizon which was media
itself. After examination of films contents it was concluded that the
22 Roger D. Wimmer and Joseph R. Dominick, Mass Media Research: An
Introduction, (9th edn, 2009).
31

movies were potent source of information, attitudes and behavior for

children.23
Movies and Conduct- Herbert Blumer24
Herbert Blumer25 in 1933 initiated a study to investigate about the effects
on general day-to-day behavior of particular individuals. He included
college students, high school youths, factory workers, and office
personnels in his sample to study about the effects of movies on their
lives and on specific activities such as modes of dress, hairstyles and
behavior.
The result of the above research was that the movies and contents
therein which are displayed has a significant influence on young minds as
well as other classes also and it can be reflected in the mannerism, and
behavior shown by such persons.26 It can be said that at that point of
time the only mature medium was newspapers and movies came with a
rush to delight, frighten, thrill and fascinate an audience of millions.
With the advent of television in the 1940s, the issue changed drastically
and with the passage of time and advancement in technology, till the time
when television was available in every household it was observed the
researchers that aggressive and criminal behavior can be learned by
viewing the content which taught the viewer how to engage in violence
and other deviant behavior. 27 Along with the violence and obscene things
shown on the television, concerns had grown about social security of
individuals also. Taking a character and portraying him as them and then
23 Ibid
24 Movies and Conduct-APayne Fund Study, Herbert Blumer , New York: Macmillan &
Company (1933).

25 Herbert George Blumer (March 7, 1900 April 13, 1987) was an

American sociologist whose main scholarly interests were symbolic
interactions and methods of social research.
26 http://repositories.tdl.org/ttu-ir/bitstream/handle/2346/16913/31295018735323.pdf?
sequence=1, last accessed on 10th October,2015

27 Supra at 7
32

acting like that, combining a series of actions which make a person

lookalike them was often experienced. Television series such as
Shaktiman, Suraag etc. in India effected a large population at that time
in the 1990s, and many incidents of children dressing like Shaktiman
and then jumping from the rooftops was very common which had
victimized many children.28 It was found that the series though popular,
was framing young children minds about the existence of supernatural
things and happening as portrayed in the serial itself which had a
devastating effect on the young minds. Yet this was not the end, about
the advancement in the technology and there came the era of hardcore
video games and television series containing stunts which were
dangerous and risky for any individuals.29
Video games on one hand occupy a large ratio among the time spent on
different activities done by children. The aggressiveness shown in those
games and the package of entertainment that it consists of made the
videogame industry to evolve into a dominant player and one of the most
popular forms of media. Contrary to the well accepted fact, these games
now, also became an integral part of the lives of adults, and games such
as Far cry, Doom, Resident evil, Devil May Cry, Call of Duty, Command
and Conquer which include a large amount of violence had a harmful
effect on abnormal child development and behavior. Concerns have
grown in the past when real events such as school shootings had taken
place which was found to be based on the scenes as shown in these video
games.30
28 http://indiatoday.intoday.in/story/doordarshan-cuts-short-popularserial-shaktimaan-to-avoid-children-imitate- risky-stunts/1/253386.html , ,
last accessed on 10th October,2015
29 The Effect of Violent Video Games on Aggressive Behavior and the
Relationship to School Shootings, David Bond, Department of Mental
Hearth Law and Policy, University of South Florida, 2011.
30 Columbine shooting in Littleton, Colorado, 1999. Dylan Klebold and
Eric Harris, the two offenders were fans of the videogame named DOOM,
and accepted the fact that those shooting were based on the gameplay of
the violent games, which connotes the relationship between the video
games and massacre.
33

Apart from the violence shown in the media contents, the portraying of
women and obscenity shown on air was also a detrimental factor in
shaping the minds of youth. Generation of women were often shown as
things for sexual enjoyment, exploitation and it was framed that if
anything happened it was due to the fact that the women crossed the
line.
Apart from the visual media, the print media also plays a significant role
in the concerned area of research. Newspapers, magazines, comic series,
novels etc. provide a lot more information as well as various other
information leading to the preparation and commission of crime. Certain
researchers in criminology had found that various incidents of crime are
based on the stories provided in various novels which are committed in
the same way as mentioned in the books. Newspapers are often filled
with descriptions of violence and aftermath, etc. and this also helps the
criminal minds to engage in such activities. While publicizing crime it
provide a detailed information about a specific events, shows it
achievements and drawbacks, and thereby affirms the structure present
in the mind of public about the nature, severity, and extent of such
criminal acts.
News media particularly, indirectly supply certain information to the
audience who want to have a firsthand experience in the concerned field
and help them to conceptualize the event and while presenting the
criminal events it exaggerates, distorts and sensationalizes the real
world of crime and sometimes misrepresent crime news.
Various psychologists often suggest that individuals who often watch or
read about violence , show higher level of aggressiveness in their
behavior as compared to the other individuals who were not exposed to
the same. Since the dawn of television, video games and other exciting
tools of mass media, mental health professional have been concerned
about the content of television programme and its impact on increasing
criminal behavior. Media effects on individual minds are often discussed
34

but it is very difficult to measure and tell about the actual degradation
that it had caused towards the beliefs and values of society at large.
Media is covering almost every part of the world and despite its
coverage, it is found that it is contributing to increased victimization and
feeling of insecurity. Moral decline and neighborhood degradation are
thought to increase social unease and continuous fear of crime.31

31 http://www.crime-preventionintl.org/fileadmin/user_upload/Publications/The_Media__Crime_Preventio
n_and_Urban_Safety_ANG.pdf, , last accessed on 5th October,2015
35

CHAPTER 3
MEDIA AND ITS RELATIONSHIP WITH INCREASING CRIMINAL
BEHAVIOR- A THEORETICAL APPROACH
From a long-time the debate persists about the about mass media and its
effect on increasing criminal behavior. There have been various theories
given by scholars and researchers in this field to determine as to what
extent media causes anti-social behavior. The academic study of this
relationship has been defined from time to time through various theories
like the effect research, social dominant theory, mass society theory and
psychological behaviorism which had been derived though various
disciplines such as sociology, psychology and criminology.
These approaches do give rise to the fact that media and its contents are
responsible for degrading human beliefs and values, and corrupting
young minds. Media being of such a diverse nature provide many new
thoughts and ideas to contemplate any act and to get away easily, and
that is why this era of mass media and advance technology had become
very vulnerable for young minds. In this section of the research paper,
the researcher sought to provide the co-relation between various schools
and streams as preferred by various sociologists and criminologists, and
will try to strengthen the proposed hypothesis.
Mass Society Theory
As clear from the name this term usually carry negative thoughts
referring to the masses or the lower class people who live in a social
environment of degraded beliefs and thoughts and have a taste for low
culture.32 To explain this theory, the researches have taken lower class
people, alienated individuals mostly uneducated and ignorant as their
samples. It has emerged in the last few decades of the 20-21 st century,
32 Theorizing Media and Crime taken from
www.sagepub.com/upmdata/36583_02_Jeweks_ch_01.pdf, , last accessed
on 5th October 2015
36

probably and affirmed as one of the important theories by sociologist

after the Second World War. Emile Durkheim and Sigmund Freud, being
the prominent scholars in this area proposed that, individuals who are
alienated are more prone to show deviant behavior if exposed to violent
contents of media, as their cultural values are low as compared to the
other individuals of same age living in different social environment.
During the era of Industrialization associated with social upheavals made
the environment very vulnerable to violence and at that point, violent
media contents made the environment more prone to violence and
increase in criminal behavior. For many isolated individuals, when
research was conducted on them it was found that media, acts as aid to
people well being by providing the information about the prevalent
situation in the society, and at the same time on the other hand the
rebellious contents shown also shaped the mind of individuals which led
to increase in vulgarism, disrespectful and aggressive behavior.
This theory being limited to certain class of individuals, does not provide
a complete approach towards the effect of media on increasing criminal
behavior and with the advancement in technology after the globalization
and liberalization, this theory prevails on a very small scale.

The Effect Research33

At the inception, researchers in the United Kingdom have made strong

attempts to provide a direct and substantial relation between violence
shown in the media contents and increasing criminal behavior in the
state. Effect researchers focused on the direct implication of anything
which has been presented to the society and to determine as to what
extent those have been reflected onto the society. This view had gained
influence, with the notion that whatever media whether visual or nonvisual displays, may lead to the copying of such acts. This view was firmly
33 Ibid.
37

established when school shootings occurred, with the release of new

video games that were highly violent.
This theory suggests the fact that, it is the power of media to influence
criminal and anti-social behavior ironically more with the contents which
are obscene in nature, and still such contents are being promoted.
Movies like Jism, Hate Story and many other Hollywood and bollywood
movies, are promoted on large scale which when displayed had a
detrimental effect on the thought process of people. When such contents
are exposed to adolescents and youths they develop same chain of
thoughts and probably such things are reflected in their behavior.
This theory tends to explain the link between screen violence and reallife violence and is filled with echoes of mass society theory and
criminological positivism. Such on screen violence can provoke people to
commit such acts and whenever it happens it is a prime example of effect
theory.
Social Dominant Theory
This theory is, particularly inspired by the theory given by Karl Marx,
evolved around mid 20th century and due to the focus on social structure,
it became highly popular among the criminologist and media researchers
and thereafter dominated academic discussions.34 This theory states that
media plays a crucial role, in setting up of our beliefs and therefore a lot
depend on how media portrays criminal activities, deviance behavior and
a focus is surely be given to the perception of women it portrays.
Marx and Gramsci commented a lot on radical criminology, 35 which
34 The Continuing Relevance of Marxism to Critical Criminology, Stuart
Russell, Macquarie University, Kluwer Academic Publishers, Sydney,
Ausralia,3 September 2002, accessed from
http://link.springer.com/article/10.1023%2FA%3A1025560117048#page1
38

emerged in 1960s and 1970s which eventually rediscovered social

structure and tried to correlate the relation between media and criminal
behavior focusing on the labeling theory.36 It suggests that deviant
behavior is the behavior which people label as deviant and it include all
such acts which are being prohibited by law. Going on media, this theory
elaborates on the issue that if the contents shown in the media will be
deviant as being labeled by the people, individuals being exposed to that
may refrain from doing such act and at the same time it may have a
negative impact as then individuals will search for loopholes in all such
acts, and will try to attempt those acts without actually being getting
caught.
It has been also found that the way in which, television news try to show
exact replication of certain crimes, the diversity of opinion it produces
may turn to be either good or bad. If anti-dissent views had been
accepted by any community then it will surely have a degrading effect on
the society. If such contents are continuously shown on the visual media
or printed or in any form, it will make it the dominant ideology among
the individuals who were exposed to that for a considerably long time
and therefore, it will be reflected in their behavior related to those acts.
The dominant group will therefore try to impose their views on the
society, will impose patterns of belief and it will be in conflict with the
previously set norms, and the possible implication for the same may be
35 Radical criminology holds that wrongdoing is created by the social and
monetary constrains of social order. It states that social order
"capacities" regarding the general hobbies of the managing class instead
of "social order all in all" and that while the potential for clash is
dependably put forth, it is consistently killed by the force of a controlling
class.
36 Marking hypothesis is concerned with how the self-personality and
conduct of people may be dead set or affected by the terms used to
depict or group them. It is connected with the ideas of self-satisfying
prediction and stereotyping. Labeling theory holds that abnormality is
not natural to a gesture, however rather keeps tabs on the propensity of
larger parts to adversely name minorities or those seen as degenerate
from standard social standards.
39

growing tension between the communities which can eventually result

into violence or deviant behavior. For example a popular view is that
when media industry show gender inequalities in society, patriarchal
families, subjugation and exploitation of females, the society replicates
the same in the form of various sexual offences. Crime against women
has grown considerably in these few decades and media industry has a
prominent role in such increasing criminal behavior.
Media indirectly while producing glamorizing images of offenders,
showing them as having all the luxuries that one needed make opinion
more complex and confused as what to accept and what to decline. The
expansion and multiplication of media channels and the Internet have
certainly made more accessible opinions and ideas in a wider range of
people.

Such

wide

variety

of

opinion

prevailing

in

the

society

simultaneously at the same time may lead to confusion in the young

minds and can result into the production of deviant behavior.
Strain theory and Anomie
The strain theory is part of the positivist/objectivist perspective believes
that behavior is observable, is a consensus value, and is not socially
created. This theory consists of two distinct types of theories, social
disorganization and theories of anomie. Both theories have been
developed through different research traditions but they both share a
common theme. Both theories suggest that there is less solidarity,
cohesion and integration within a group, a community or a society, the
higher the crime rate of crime and deviance.
A balance of social structure and culture are necessary components for
an integrated society. Emphasis on cultural goals of success is greater
when it is focused on socially approved means everybody in society
including the poorest of the poor are socialized to aspire to high
performance and success. Competition and the rank of success among
40

the highest values of society, they are taught in school, glorified by the
government, and glorified by the media. This success, however, should be
achieved by honest and conventional means. These conventional methods
are governed by social norms, but when the goals of success are
overstated standards governing their implementation is weak, and leads
to various ways of shortcut to success.37
The delinquent subculture plays a role in influencing the behavior of the
lower class boys to be involved in crime. The scope of this theory is
limited to the poor class and therefore can be said to be so much
appealing as it outcasts the other classes, of whom they also commit
crime.38 Media researchers often show deviation from criminologists, as
criminologists more focus on the type of crime committed, the intensity
involved in that. The area of focus is different, among the media
researchers and among criminologists and it is one of the reasons, this
theory cannot provide an accessible data but it can explain the relation
between increasing criminal behavior and media.39
Teens in public schools are faced with expectations of the middle class
that are set by administrators, teachers and students from all walks of
the class. Adolescents from middle class supported by the parents of the
middle class generally meet these standards and expectations and in
doing so they gain recognition and status by adults, and to a large extent
their peers. Youth often lower class, especially boys cannot meet the
standards imposed by the middle class. They do not get the skills to
compete with class "standard" of the environment, and because of their
lack of status, it frustrates them.
Media at portraying such things in their contents make it a dominant
approach that acquiring good standards of living is very necessary for
survival, which force these poor class youths to learn deviant approach
37 http://voices.yahoo.com/strain-theory-delinquency-street-gangs3358560.html, , last accessed on 5th October 2015
38 Supra 31
39 Ibid.
41

towards achieving success thereby increasing criminal activities such as

robbery , theft, kidnapping, abduction etc.. Such activities when
committed on regular basis, increases the rate of crime and when they
get away while doing such acts it adversely effects the thinking of others
and provoke them to commit such acts. For those with not many method
of achieving victory through typical, legitimate channels, the media could
be said to place limitless force, making a colossal ungratified well of
craving with small chance of fulfillment. It is in such circumstances that a
few people seek after the socially alluring destinations of triumph and
material riches through illegitimate ways. Later reporters on anomie
have recommended that offended people overcome emotions of seclusion
and normlessness by framing groups dependent upon imparted tastes
and presumptions, and that the media has, for some, promoted the
feeling of disengagement that holes in fortune and status by its content.40
The above theories proposed, have molded the forms of both criminology
and media studies, and endeavored to give a wide outline of purposes of
union and clash between the two. In so doing, it has built that there is no
collection of generally unwavering, concurred upon and formalized
affirmations

that can promptly be termed 'media

hypothesis' or

'criminological hypothesis'. In spite of the fact that such expressions are

broadly utilized, not, one or the other field has been unified by the
advancement of a standard set of notions, an interrelated grouping of
theories or an in general logical skeleton. In any case, it has suggested
that a feeling of continuous improvement is by and by apparent in plans
concerning media and wrongdoing. In spite of their evident etiological
also methodological distinctions, the hypothetical methodologies talked
about in this section have clear purposes of union which have
empowered us to find them in the more extensive connection of social,
political and budgetary advancements that were correspondingly taking
place.
40 Theorizing Media and Crime taken from
www.sagepub.com/upmdata/36583_02_Jeweks_ch_01.pdf , last accessed
on 5th October,2015
42

The extent to which television programs, films, DVDs, websites and

violent video games are present in the market, it can be said that it
causes anti-social behavior resulting into deviance and crimes. It has now
become a universal belief that, media images are responsible for eroding
moral standards, subverting consensual codes of behavior and corrupting
young minds.

43

CHAPTER 4
REAL EVENTS BASED ON VIOLENCE ON TELEVISION,
DOCUMENTARIES, MOVIES, VIDEO GAMES AND IN PRINT
MEDIA
Various studies have been done from time to time which suggest that
watching violent television or films is associated with violent and deviant
behavior and the fact cannot be denied that media such as books, comic
books, role-playing games, certain music, as well as television and
movies would carry the waves of violence and moral degradation among
the individuals which will ultimately have its effects on the society.
Among the scholars, there is wide range of opinion on the matter of
media violence and seldom compared to the fatality caused by smoking
and lung cancer, but to whatever it is compared, the fact is assertive that
media and its contents in any form increase the tendency of criminal
behavior.
In this part of the paper the researcher aims to provide a summary of
various real events that had taken place in the last few decades,
provocated or likely to be provocated from the media and its contents
which had been accepted among wide range of scholars. Various school
shootings, murders, sexual assaults and petty crimes along with
accidents if closely seen, they seem to be the replication of pre-mediated
thoughts in electronic, written or visual medium shown or published
under the category of mass media. Firstly, herein there is a example of a
school shooting which happened in Blacksburg, America.41
Virginia Tech Case42
41 The school shootings, violent video game link: casual relationship or
Moral Panic? Christopher J. Ferguson, Journal of investigative psychology
and offender profiling, Wiley Inter Science, 2008
42 scholar.lib.vt.edu/prevail/docs/April16ReportRev20091204.pdf, last
accessed on 3rd October, 2015
44

April 16, 2007, shooter Seung-Hui Cho, entered the Halls with two armed
handguns, shuts the main exit door and sometime later entered a
classroom and started bombarding bullets whoever seemed to be in
range including faculty and students and in the end there were 32
people, who had been shot dead and almost 17 people are found to be
wounded.
After the massacre the debate emerged about the role of violent video
games and violent media behind the scene and it was affirmed that the
violent video games are a significant factor. But later on it was found that
the accused had never been exposed to such violent contents in any form
and the incident took place due to the mental health and environment of
the same. This result gave a shock among various scholars and pundits
who suggested about the role of media behind these scenes and the
ongoing debate about the good and bad of media found acceleration. As
researchers investigated the issue it was found that there is a huge
majority of young males who play violent video games affirming the fact
that young school shooter may have played violent video games.
Cases like Northern Illinois University shooter and Columbine High
School Shootings, in which it was found that the accused was exposed to
such violent content present in video games for a considerably long
period of time and they were avid players of games such as DOOM and
Resident evil.
Later on as the debate grown over media more comprehensive study of
media violence and school shooting has been conducted. 43 The report of
the Federal Bureau of Investigation indeed included unusual fascination
caused by violent media among the potential causes that are found
43 In 2002, United State secret service and the united state department
of education conducted studies on 37 school shooting involving 41
prepetrators from 1974-2000 along with the report of federal bureau of
investigation in 1999.
45

behind these school shootings. The report further suggests that

continuously reading particular books and viewing violent media and
exposed to such contents for a considerably long period of time may
provide a provocation behind the commission of a crime. Investigation
shows that the students who spend time playing violent video games are
also more interested in committing violent crimes and replicate the same
which was present in such themes.
Grand Theft Auto IV and its implication on behavior
June 2008, in the United States there was a crime spree of six accused
that were, after investigation identified as acting the various role played
by the character of above game. Also in their statement one of them had
accepted the fact that, he was actually mimicking the game Grand Theft
Auto IV. However it can happen in many cases were the accused once
caught can blame many other external causes for their act and therefore,
often offenders blame violent video games, as the provocation behind the
act but the law enforcement agencies can consider such information
relevant for the researchers, when all the other evidences behind the
offence is not credible while the same is regarded as credible
information.44
Apart from the other noted incident there are many other incidents
happened in the past especially in United States. Occurrence of such
type of violence has been increased to a higher percentage than before
and along with that the number of youth playing such video games had
also increased simultaneously, and that is why this kind of hypotheses is
been framed by many other scholars and prior researchers. Due to the
lack of evidence and ability to generalize, yet prominence to this theory
has not been achieved and it is still a debatable issue, however these
incidents are viewed as a platform for further research and disclosure.

44 Supra 18
46

Yet even after these efforts the fact is still not acceptable in the
intellectual community and that is why there is no legislation in any
country governing the same and determining criteria and prescribes age
limits for different type of games based on their contents.
Effects of Violent Visual Media
There can be many causes which can develop aggressive behavior in a
person such as family background, mental health, environmental strain
or any other dilemma faced by any individual. One of them is violent
media, which can develop such traits if exposed to such content for long
term, especially if a person is exposed to it from the childhood.
Sometimes it can also happen that if direct implication cannot be seen
about the media violence, it can act as stylistic catalyst.
When an individual is prone to more violence than usual, that proneness
can provoke more violence in his daily conduct, and this has been a
widely accepted fact. On the same criteria, Censorship Board45 has been
created as to check and balance obscenity in the visual media contents,
and therefore there is a need to set up same kind of body in this area to
check the amount of violence displayed therein.
In the social learning model, it has been proposed that individual
predisposed to violence would be more prone to violence and they will
actively seek to participate in such acts. At the same it cannot be
proposed that every individual who is exposed to media violence will
show more aggressive behavior because it is often seen in many criminal
cases that there were many other causes present behind the commission
of crimes.
In 1960, there was a study conducted by Leonard Eron of the University
of Illinois who had taken almost 800 children as his sample. He found
45 Central Board of Film Certification (CBFC) is a Statutory body under
Ministry of Information and Broadcasting, regulating the public
exhibition of films under the provisions of the Cinematograph Act 1952.
47

that amount of violence on television, a child is exposed to in his

childhood is best reflected in the behavior at the age of nineteen.
Movies often give the message that killing the counterpart in a
relationship is the most reasonable solution to a bad relationship, and
sometimes these types of incidents can be seen in daily life whether or
not these are the direct implication of the message given by movies or
television shows. After continuous exposure to contents which contain
sexual abuse and violence in the media, some viewers gradually develop
a thinking of sexual abuse and violence as going parallel and that is
reflected in the form of domestic violence or spousal violence. Movies
such as Rocky, Rambo, Crows zero and many other show such level of
violence and planning that give various new ideas to continuously
working human mind and that is reflected in the conduct of some
individuals.46
The media often portrays men, as a dominating character over women
and individuals who seek total control over other men who are inferior to
him. Any such rejection frequently results into violence and this is been
the theme of a prominent percentage of movies in our Indian Cinema,
and this trends still continues in movies like Ek Tha Tiger, Dabang and its
sequel, Singham etc. this issue raises the question about what are we
learning from the visual media and continues the debate to a higher level
providing a need to provide rules and regulation for the subject.
Journal of the American Medical Association has not forgotten about the
medias impact on increasing criminal behavior and time to time they
have alerted the medical community to the deforming effects of viewing
of television violence on the minds of young children as young children
does not have instincts whether to imitate certain behavior or not. They
will imitate anything, whatever they are exposed to irrespective of the
46 Judith M. Sgarzi, The Media Influence on Behavior and Violence- is
Society the victim of media?, published by Prentice Hall, Pearson
Education,2003.
48

fact that such behavior is destructive or anti-social. It has been confirmed

by the researcher that on an average, a normal child is exposed to 47
hours of television per week.
The entertainment industry therefore cannot argue that whatever they
produce is neutral and okay for children and adults to see. If they argue
that the media does shape the human minds and can be medium to bring
change in the society why not vice-versa is possible, if it had good effects
then it can also produce detrimental effects in the society. Sometimes it
can be seen that some murders are contemplated in the same way as it
has been depicted in one of the television shows. 47 The latest research,
published in the journal Thorax, Adolescents who saw the most films
depicting smoking were 73% more likely to have tried a cigarette than
those exposed to the least. And they were 50% more likely to be a
current smoker.48
Effect of Print Media, Music Lyrics and Internet Participation
Music videos are also of concern because these videos are sometimes full
of violence. Even those who do not have explicit aggressive content often
antisocial connotations and music videos are eagerly awaited by
teenagers. No experimental study has so far examined how exposure to
music

videos

affects

behavior.

When

physically

aggressive

youth

surveyed about their attitudes, young women who have seen the videos
humiliating indicated greater acceptance of dating violence among
adolescents is that comparable women in the control condition. 49 In one
of the surveys it was found that individuals, who were watching channels
47 http://www.bbc.co.uk/news/uk-england-nottinghamshire-22952146 ,
last accessed on 2 October,2015
48 http://www.bbc.co.uk/news/health-14971560, , last accessed on 2
October.2015
49 Craig A. Anderson, Leonard Berjowitz, Edward Donnerstein, L.Rowell
Huesman, James D Johnson, Daniel Linz, The Influence of Media and
Violence On Youth[2003]. Psychological Science in the Public Interest,
Volume 4, American Psychological Society
49

like MTV, were rated by peers as verbally more aggressive than other
children of the same age who were not exposed to such contents.
These surveys indicate that there is a direct connection between the
kind of contents and music youths listen to and it also shapes their
attitude and personality. Students, who listen to genre like hip-hop and
rap, are found to be having more hostile attitudes and are more
distrustful. Music lyrics genres such as rock, heavy metal, rap, new and
emerging genres such as reggae ton, were found to turn around topics
such as sexual promiscuity, death, homicide, suicide, and addiction. 50
Such type of emotions which are shown in these videos and are been
expressed through lyrics, absolutely have detrimental effect on the
society whether or not any incidents have been noted down.
According to the American Academy of Pediatrics (AAP) 51, "Children are
influenced by the media as they learn from observing and imitating their
surrounding environment and making their own behavior". The influence
of media on children has been increased attention among parents,
educators and health professionals. The importance of this issue becomes
clear when one considers the diversity of Americans who share this
concern. Included in this group of concerned citizens are those, including
politicians, who are usually held in opposition to each other on many
issues, but stand together in agreement on this point.52
Print media and contents of internet also degrade the social environment
and tend to decrease the moral quotient, as it was one of the easily
accessible sources, and through internet there can be access to any kind
50 http://pediatrics.aappublications.org/content/124/5/1488.full.pdf , last
accessed 2 October,2015
51 The American Academy of Pediatrics is an American professional
association of pediatricians, headquartered in Elk Grove Village, Illinois,
and maintains its Department of Federal Affairs office in Washington,
D.C.
52 http://education.stateuniversity.com/pages/2212/Media-Influence-onChildren.html, last accessed 2 October,2015
50

of content by the help of URL Translation and Proxy servers. With the
advancement in technology Browsers like TOR, which completely bypass
the security installed by the authorities to protect the children from
viewing or searching adult content, are freely available. Such types of
illegal means provide access to any contents and that too, not in the
knowledge of authorities. Sometimes it also happens that some children
are unable to make distinction without an adults help and they consider
their fantasy as reality. Various magazines, which are freely available in
the market are full of obscene contents and can be accessed by anyone
as there is no rules and regulation framed for that.

51

CHAPTER 5
EFFECT

OF

MEDIA

ON

SOCIAL ENVIRONMENT

Effect on Violent Behavior by Violent Media Content

Decades of analyses uncover that violent media expands kids pugnacity.
Researchers show that, youngsters who viewed a solitary violent Power
Rangers53

scene

conferred

fundamentally

more

deliberate

demonstrations of pugnacity inside the classroom (e.g., hitting, kicking,

pushing, and offending) than those in a control condition. In fact, for
each combative act executed by kids in the control bunch, there were
seven combative acts conferred by kids in the Power Rangers aggregate.
Many studies uncover that unanticipated adolescence presentation to
media roughness extraordinarily predicts later pugnacity and brutality,
even in the wake of regulating for other causal danger variables. For
sure, these analysts discovered that TV roughness introduction in
adolescence fundamentally anticipated adulthood brutal and criminal
conduct.
Media Researchers considered reprobate young men in a private office
who were arbitrarily allocated to houses and to survey either a violent or
passive film each night for a week. Young men laid open to the brutal
movies occupied with fundamentally more physical attacks on their cabin
mates when looked at other young men presented to peaceful movies.
Correlation investigations of roughness yield comparable impacts on the
minds of youth and such contents are enough to corrupt young minds.
For instance, scholars considered the connection between "combative
53 Power Rangers is a long-running American excitement and promoting
establishment constructed around a real to life kids TV arrangement
offering groups of costumed heroes. Transformed first by Saban
Entertainment, later by BVS Entertainment, and presently by SCG Power
Rangers LLC, the TV arrangement takes much of its footage from the
Japanese tokusatsu Super Sentai, processed by Toei Company.
52

behavioral misconduct" (battling, hitting, and so forth.) and TV review

propensities of lesser high and secondary school learners. Presentation
to TV roughness was emphatically interfaced to combative behavioral
misconduct for both young men and young ladies. It has been discovered
that TV presentation at age 14 anticipated ambush and battling conduct
at age 16 and 22, even after regulating for other things which can
influence behavior.
Studies demonstrate that media violence updates convictions and state of
mind to brutality around kids, young people, and even more of mature
people. Introduction to media viciousness heads viewers to see the
planet as more unfriendly than it truly may be, and it expands the
adequacy of violence.
An alternate way media violence can impact combativeness is by
decreasing the ordinary hindrances that generally individuals have
against such conduct. Desensitization happens when there is elimination
of dread and on edge responses to violence, which could be showed
through diminished consideration regarding violent contents, diminished
sensitivity for violent events, and diminished negative disposition to
roughness. A result is ethical withdrawal, in which somebody neglects to
behave humanly carrying on heartlessly as well as neglects to put
resources into social commitments.
Presentation to violent media is connected with tolerance for roughness,
ability to take part in animosity, lower compassion for viciousness
chumps, and more level ability to mediate for a victimized person. The
expanded recurrence, authenticity, and realistic depiction of roughness in
media may demonstrate that present day social orders have gotten
desensitized and have a higher tolerance for roughness than any other
time before which ultimately increase criminal behavior.
Social Media and Its Impact
53

In the previous five years, social media sites have come to be

omnipresent, giving youthful individuals a better approach to connect
with each other and speak with the planet. This new type of
correspondence hinges on upon user created content, not mass
generated messages hailing from extensive media organizations. Be that
as it may as with other media when it, social media's ascent to
conspicuousness has encountered some exceptionally genuine developing
aches. Organizations like Face book, MySpace, and Twitter have battled
to equalize a welcoming intuitive environment with the extreme chase for
benefits. Much obliged to these locales, our desires of the web, and also
social order, have modified.54
The quickness gave by social media is accessible to predators and also
companions. Jokes particularly are defenseless to the act of digital
tormenting in which the culprits, namelessly or indeed, acting like
individuals their victimized people trust, threaten people before their
associates. The obliteration of these online strikes can leave profound
mental scars. In a few decently advanced cases, youths have even been
determined to suicide. The namelessness managed online can carry out
dim driving forces that may overall be said to degrading human
relationship.
Due to the increase in use of social media, distance has been increased
and normal human behavior of one person towards the other had also
degraded. People are now more obsessed to themselves only, concerned
only with their peers and living in such way without learning any cultural
and social obligations have also been increased in the past years.55
This highlighting of the media is a negative impact on social order. They
54 http://smallbusiness.chron.com/negative-effect-social-media-societyindividuals-27617.html, last accessed 30th September,2015
55 Craig A. Anderson and others, Psychological Science in the Public
Interest (3rd edn, American Psychological Society, 2003).
54

satisfy the individuals long for trifling data and bits of hearsay. They
make buzz by building up the issues with colorful statements and inciting
portrayals. Debates are made left and right to get the consideration of
people. It has likewise been watched that youngsters these days don't do
the same exercises as kids of in the recent past. Rather than perusing
books, mulling over, playing outside with other youngsters, and
participating in social exercises, they wind up being cooped up in their
rooms staring at the TV.
Furthermore as a result of mechanical headways and the accessibility of
devices to youthful individuals, these kids wind up investing a lot of time
before their machines and handheld film games. Because Internet is
promptly accessible to youngsters, they wind up perusing and studying
things, which are not suitable for their age. They get laid open to
profanity and unseemly acts. The progressions in the conduct and
viewpoint of individuals towards life are attributable to the negative
mental impacts of media. Updates in social and ethical qualities have
been watched.
Numerous individuals accept that what is portrayed by the media is
correct

and

worthy,

changing

their

judgment

and

bringing

on

altercations. It influences the physical self, the feelings, the mental angle,
and even the otherworldly stand of numerous individuals. One negative
impact can trigger an alternate negative impact and this can make a
chain of response heading obliteration of relationships in social order.

55

CHAPTER 6
LEGISLATIVE FRAMEWORK FOR MEDIA CONTENT REGULATION
IN INDIA
The Indian broad communications today involves over 300 TV channels
(arriving at 112 million families), 50,000 daily papers and magazines
(with a readership of in excess of 250 million), around 300 radio stations,
a thousand characteristic movies in 18 dialects made each year, and
plenty of print, electronic, computerized and telecommunications media.
The legislative framework for such regulation of different types of media
and its contents is present in the country and legislations like
Programme Code of the Cable Television Networks (Regulation) Act,
1995, Press Council of India for media regulation, Central Board for Film
Certification for cinema, Advertising Standards Council of India for
regulating advertisements, Cable Television Networks (Regulation) Act
(1995) etc.

The Cable Television Networks Rules (1994) and the Cable Television
Networks (Regulation) Act (1995) were changed to Cable Television
Networks (Amendment) Rules 2000. The new amendment have made it
compulsory for all link specialists over 30,000 of them in the whole
nation to re-transmit no less than two Doordarsahan channels 56 (the
national, and metro channels) and one local dialect direct in the prime
band.

Generally

link

administrators

gave

minimal

consideration

regarding these channels since they were allowed to-air and did not get
any

income

as

the

private

satellite

stations

did.

Further,

link

administrators were to be held answerable for programmes that were

hostile and in addition for any notices of tobacco and fermented drinks.
56 Section 8. (1) The Central Government may, by notification in the
Official Gazette, specify the names of Doordarashan channels or the
channels operated by or on behalf of Parliament, to be mandatorily
carried by the cable operators in their cable service and the manner of
reception and re-transmission of such channels, substituted by Cable
Television Networks (Amendment) Rules 2011.
56

Proviso vii (2) of the new Rules precludes all notices which push
'straightforwardly or in a roundabout way, preparation, bargain or
utilization of smokes, tobacco items, wine, liquor, alcohol or different
intoxicants'. Additionally banned are baby milk substitutes, bolstering
flasks or tot sustenance. Yet link specialists ask how it is conceivable for
them to stop abroad channels which convey such notices.
Section 5 read with Section 19 of the 1995 act specifically provides for
the kind of programmes which are suppose to be transmitted on air.57 The
alteration directs or precludes the transmission of any programme or
channel assuming that it is essential to do in light of a legitimate concern
for the power of India or security of India or benevolent relations of India
with any remote state. Focal and state government powers can seize gear
or deny any programme or channel provided that it is not in similarity
with endorsed programme and promoting codes. The Rules were
instituted under the Cable Television Networks (Regulation) Ordinance,
1994.
The Programme Code of the Cable Television Network Rules sets out
confinements on the substance of both programs and promotions that
might be indicated on HQ TV. These confinements are set out in segment
658 of the Rules. No programme might be appeared that,

Insults against exceptional taste or respectability,

Contains feedback of benevolent nations,

Contains ambush on religions or neighborhoods or visuals or

expressions derisive of religious gatherings or which push collective

57 Section 5. Programme code.No person shall transmit or retransmit through a cable service any programme unless such programme
is in conformity with the prescribed programme code.
58 Section 6 of The Cable Television Network Rules, 1994 provide for
programme code.
57

demeanor,

Contains anything profane, defamatory, ponder, false and suggestive

allusions and misleading statements,

Is liable to support or induce roughness or holds anything against

upkeep of lawfulness or which advertise hostile to national state of
mind,

Contains anything develop into scorn of court,

Contains defamations against the trustworthiness of the President and

Judiciary,

Contains anything influencing the honesty of the Nation,

Criticizes, defames any single person in individual or certain

aggregations, portions of social, open and ethical life of the nation,

Encourages superstition or blind conviction,

Denigrates ladies through the portrayal in any way of the figure of a

ladies, her structure or form or any part thereof in such a path as to
have the impact of being foul, or disparaging to ladies, or is prone to
debase, degenerate or harm general society ethics or ethics,
Denigrates kids,

Contains visuals or expressions which reflect a defaming, humorous

and gaudy demeanor in the depiction of certain ethnic, semantic and
provincial aggregations,

Is not suitable for unlimited open show,

58

The Rules say that the service provider might as well strive to convey
programs in his link administration that anticipate ladies in a positive,
initiative part of temperance, ethical and character building qualities.
They say that consideration ought to be taken to guarantee that
programs implied for kids don't hold any terrible dialect or unequivocal
scenes of roughness. Any movie which is supposed to be released may be
publicly broadcasted if and only if, the authorization certificate is granted
by the Central Board of Film Certification (CBFC). The Central Board for
Film

Certification

(CBFC)

confirms

movies

dependent

upon

the

Cinematograph Act system. Movies are ensured as 'U" (unlimited

display), UA (parental supervision), A (confined supervision), contingent
upon the substance. The justification for dissent of certificate is set out in
section 559. The Draft Broadcasting Bill, 2007 proposes the setting up of a
Broadcast Regulatory Authority of India (BRAI)60. Be that as it may, the
genuine regulation of programme substance has been left to the
supporters themselves. Every telecaster is instructed to sort content on
the premise of topic, topic, medicine, dialect and varying media
presentation. Substance will be classified into U (Unrestricted), U/A and
A (Adult) as is the situation with substance in film. Grown-up substance
will be booked just after 11.00 pm, and U/a content (for those above age
12).

59 Section 5(B) (1) of the Cinematograph Act, states that : "the film or
any part of it is against the diversions of the security of the State,
neighborly relations with outside States, open request, goodness or
ethics, or includes slander or disdain of court or is prone to impel the
requisition of any offence.
60 Section 14. Establishment and incorporation of the Authority: (1) With effect from
such date, as the Central Government may by notification appoint in this behalf, there
shall be established for the purposes of this Act an Authority, to be known as the
Broadcast Regulatory Authority of India. (2) The Authority shall be a body corporate by
the name aforesaid, having perpetual succession and a common seal with power to
acquire, hold and dispose of property, both movable and immovable, and to contract,
and shall by the said name sue and be sued.
(3) The Authority shall consist of one Chairperson and not more than six whole-time
Members . One third of the Members shall be Women.
(4) The head office of the Authority shall be New Delhi.

59

Unanticipated not long from now the Government of India's Ministry of

Information

and

Broadcasting

banned

the

transmission

of

two

satellite/cable TV slots for a time of three months every: AXN, Sony's

station for movement motion pictures, and FTV, the style channel from
Paris. This was maybe the first run through in the history of Indian TV
that a satellite channel had been banned, without any earlier recognize
or cautioning, and more shockingly, without any open exchange of the
law that the two channels had encroached. Clearly, the two stations were
spurning the guidelines of the Programme Code of the Cable TV stations
(Regulation) Act of 1995. The Act gives definite guidelines on profanity
and brutality in customizing. Sony and FTV did not challenge the boycott,
nor did any open interest or social equality gather. The English dialect
media challenged intensely against the boycott in their characteristics
and publications, yet the Ministry adhered to its firearms.61
An alternate zone of concern is the developing prevalence of person to
person communication destinations, for example www.orkut.com,
www.myspace.com, and www.youtube.com. The client created substance
of these web entryways is stressing the Indian government, sagacity
administrations, and also to some extent citizens. These areas are
important mainly because a large number of youths are been exposed to
these social networking websites and they gather their opinion from the
same being a dominant one and accepted in the community. Ideas being
deviant or anti social being floated through these websites needed to be
blocked from circulation and that is why the Ministry of Information &
Broadcasting, had provided code of conduct for regulation of the same,
Code of Conduct62
Each service provider shall follow the code provided by the AIR Program
and Advertising Code as revised every once in a while. In the occasion of
61 Media education, regulation and public policy in India, Keval J Kumar,
Resource Centre for Media Education and Research, Pune.
62 A Broad Overview Of Broadcasting Religion In India, Alternative Law
Forum, Bangalore
60

the administration affirming the setting up of a Broadcast Regulatory

Authority, via whatever name called, and the substance regulations are
altered, the consent holder should be obliged to fit in with to the
reconsidered guidelines. No consent holder should use mark names or
holders' names or corporate-bunch names to distinguish its channel
further

bolstering

addition

business

good

fortune

over

other

authorization holders.
The Ministry of Information & Broadcasting should have the right to
suspend the consent of one or more authorization holders in broad
daylight interest or national security to counteract the abuse of their
particular channels and the authorization holders ought to be obliged to
instantly agree to the directives of the Government.
Apart from the above code of conduct, under the new guidelines given by
the concerned ministry, nothing in the substance may as well insult
against great taste or fairness, ought not scrutinize well disposed
nations, ought not ambush religions or groups, ought not hold anything
disgusting, insinuations or defamatory material, ought not actuate
viciousness, ought not measure to disdain of court, ought not throws
slanders on the nobility of the President, Vice President or legal, ought
not empower superstition or blind conviction, ought not criticize ladies or
slander kids. The neighborhood radio administration is not permitted to
show material that propagates disdain against or endeavors to demean
persons

dependent

upon

ethnicity,

nationality,

race,

sex,

sexual

inclination, religion, age, or physical and mental incapacity.

VIEWS OF THE HONBLE SUPREME COURT
Supreme Court from time to time, provided many guidelines for the
regulation of media content, various foreign judgements has been taken
into consideration and it had asserted three aspects for the obscenity
test, i.e.

61

The material is hostile to respectability and unobtrusiveness and has

the impact of corrupting and debasing young minds Having respect to
neighbourhood mores, the content is without a prevalent social reason
or benefit.

The material is not reclaimed by creative legitimacy or artistic

defence.

THE CONSTITUTIONALITY OF THE LEGISLATION CONCERNING OBSCENE

PUBLICATIONS

It is provided by Article 19 (1) (a) of the Constitution that all

citizens shall have the right to freedom of speech and expression. It
is also provided by Article 19 (2) of the Constitution that nothing in
sub clause (a) of clause (1) shall affect the operation of existing law,
or thwart the State from enacting any law, in so far as such law
imposes reason-able restrictions on the exercise of the right
conferred by the said sub-clause in the interest of public decency

and morality.
In Ranjit Udeshi's case it was argued by counsel for the appellant
that section 292 of the I.P.C. was void, as being an impermissible
and vague restriction on freedom of speech and expression, which
is guaranteed under Article 19 (1) (a) of the Constitution, and that
this restriction was not saved by clause (2) of the same Article. 63

Justice Hidayatullah did not allow this argument and stated that:
Speaking in terms of the Constitution it can hardly be claimed that
obscenity which is offensive to modesty or decency is within the
Constitutional protection given to free speech or expression,
because the article dealing with the right itself excludes it.

63It has sometimes been argued that obscenity legislation in England

does not conform to the requisites of Arts. 19 and 27 of the Universal
Declaration of Human Rights regarding freedom of expression.
62

He argued (as had the American judge Musmanno in another

context) that the word "obscenity" was not really vague, and was

well understood.64 The learned judge also stated that:

It is however; clear that obscenity by itself has extremely poor
value in the propagation of ideas, opinions and information of
public interest or profit. When there is propagation of ideas,
opinions and information of public interest or profit, the approach
to the problem may become different because the interest of
society

may

tilt

the

scales

in

favour

of

free

speech

and

expression.65
Should one assume that it is necessary to legislate against
obscenity, then the views of Hidayatullah seem unexceptionable. It
may be pointed out that it is strongly arguable that if there is
strong social pressure for such legislation, it may be necessary to
maintain it in being even though most psychologists testify to the
harmlessness of obscene publications, and the early fixation of

sexual patterns of conduct.

The constitutionality of

the

Young

Persons

(Harmful

Publications) Act 1956 has never been tested. As all human

societies have been concerned to protect the young, it cannot be
doubted that the general principle of such legislation would be
upheld as being in the interest of morality, although the need to
protect young persons up to so mature an age as 20 from the

supposed ill effects of such publications may be doubted.

The constitutionality of the Drugs and Magic Remedies Act
1954 was challenged in the Supreme Court in 1954 on the ground
that the Act as a whole infringed the fundamental right of freedom
of speech and expression under Article 19 (1) (a) of the

64It is submitted that this is not so. For the difficulties involved in the
concept of obscenity, see Street, Freedom, the Individual and the Law
(2nd ed.), p. 124. In practice it would seem that a work that departs
measurably from con-temporary community standards regarding the
expression of sex seem to face the risk of being condemned as obscene in
both India and England, although it is difficult to show any evidence that
exposure to such materials has any effect upon overt behaviour.
65Note exception (a) (1) to the I.P.C., s. 292, which gives legislative effect
to rather similar concepts.
63

Constitution, and the fundamental right to carry on trade and

business under Article 19 (1) (f) and (g). The Supreme Court upheld
the provisions of the Act generally, but struck down a part of
section 3 (d) and the whole of section 8 as invalid on the ground
that the power to specify diseases by rule and the power of seizure
conferred by the section was too wide. It therefore became
necessary to amend the Act in order to eliminate the defects
pointed out by the court.66

These aspects are based on the case of R v Hicklin67, often known as the
Hicklin test, which suggests that obscenity as matter which had the
inclination:"to debase and degenerate those whose personalities are
interested in such indecent impacts and into whose hands a production
of this sort may fall. It is very sure that it might infer to the psyches of
the adolescent of either sex, or even to persons of additional progressed
years, considerations of generally sullied and licentious character.68
Sections 292 and 293 of the I.P.C. which deal respectively with the
dissemination of obscene articles and the prescription of an added
penalty in the case of their dissemination to minors received substantial
amendment as a result of Act No. 8 of 1925, which Act was passed as a
result of India's participation in the International Convention for
Suppression of Traffic in Obscene Literature, 1923.69
Section 292 in its 1925 form lacked a definition of obscenity, but the
courts in India applied the Hicklin test 70, viz., that the tendency of the
66See S.O.R., Gazette of India, 10-5, 1964, Pt. II, s. 2, Extra p. 474.
67 Regina v. Hicklin, L.R. 2 Q.B. 360 (1868)
68 http://american-civil-liberties.com/cases/4353-regina-v-hicklin-lr-2-qb360-1868.html
69It should be noted that the Criminal Procedure Code, s. 98, was also
amended to permit a senior magistrate to obtain a warrant to search for
and take possession of obscene objects: this provision was not amended
in 1969.
70The Queen v. Hicklin (1868) L.R. 3 Q.B. 360 at p. 371. See for example,
Empress of India v. Indarman (1881) I.L.R. 3 All. 837. The courts also
often considered the supposed effect of obscene publications on young
people, as in the judgment of Bhattacharya J. in C. J. Prim v. The State
A.I.R. 1961 Cal.177. The effect of obscene publications on sexually
64

matter charged as obscene is such as to deprave and corrupt those

whose minds are open to immoral influences into whose hands a
publication of this sort may fall. This section was, and remains very wide
in its scope,1 and punishes, inter alia, the sale, distribution or circulation
of obscene articles,71 their exhibition and their possession with a view to
sale72; their hire, distribution, circulation or public exhibition; the
importation, exportation or conveyance of obscene articles for any of the
purposes recently mentioned; the receipt of profits from a business which
the recipient knows or thinks is connected with obscene articles;
advertisements to the effect that obscene objects can be procured or that
persons are engaging in acts contrary to the section; and offering or
attempting to do acts contrary to the section.
The 1925 form of the section contained merely one exception, stating
that it did not extend to any book, pamphlet, writing, drawing or painting
kept or used bona fide for religious purposes or any depiction sculptured,
engraved, painted or otherwise represented on or in any temple, or on
any car used for passage of idols, or kept or used for any sacred purpose.
Section 293 of the I.P.C. in its 1925 form, as also in its present form, was
concerned with the dissemination of obscene articles to persons under
the age of 20. Both forms of the I.P.C. prescribe increased penalties for
such dissemination.
The 1925 form of section 292 of the I.P.C. was seriously defective. As has
already been observed, the use of the Hicklin test sometimes meant that
the effect of the publication upon especially susceptible groups of a
innocent persons was considered in the recent case of Durlap Singh v.
The State (1971) 73 P.L.R.D.113.
71Such articles have been very similarly defined in both the 1925 and
1969 versions of s. 292, and include books, pamphlets, papers, writings,
drawings, paintings, representations, figures or any other objects.
72Thus the defect in the Obscene Publications Act 1959, which failed to
make provision for this situation, and which was remedied by the passing
of the Obscene Publications Act 1964, s. 1 (1), was not present in the
1969 amendments to the I.P.C. It was also absent from the 1925
amendments, which made provisions for the situation where obscene
articles were possessed with a view to their dissemination or exhibition.
The Indian provisions cover all kinds of articles, and thus appear to apply
to photographic negatives.
65

population received undue consideration. As becomes apparent from

reading the judgment of Hidayatullah C.J. in Ranjit D. Udeshi v. The State
of Maharashtra,73 is one of the leading cases on obscene publications, the
mere existence of isolated portions of obscene matter contained in a book
may be sufficient to treat the work as one likely to deprave or corrupt.
Under the pre-1969 law, expert evidence was not provided for, but
sometimes it was admitted, although it remained for the judge to decide
whether the matter in question was obscene. 74 The difficulties involved in
the concept of obscenity scarcely need to be re-emphasized here.
The 1925 form of section 292 was also defective in that it did not provide
for any other defences to the charge of obscenity except the exception on
religious grounds which have already been mentioned. The courts,
however, mitigated the effect of this absence of such defenses by
recognising a limited defence of public good and by refusing to treat
certain articles as per se obscene; thus the Indian courts did not treat a
picture of a naked woman as obscene without other circumstances being
present.75 Indian courts have often considered works of a medical,76
sociological

or

psychological

character

as

not

obscene,

although

references to sex are contained therein. Sometimes the fact that the
work has a limited circulation to the members of certain professions has
saved it from being considered as obscene. 77 Indian courts also evolved
certain exceptions in favour of works of classical literature; but it does

73 AIR 1965 SC 881

74See above. Expert evidence was also admitted in the Supreme Court
case of Chandrakant Kalyandas Kakodar v. The State of Maharashtra
[1970] 2 S.C.80. Despite the admission of such evidence, the court stated
that the question of obscenity was one for them. The case was decided in
accordance with thepre-1969 law.
75In Chandrakant Kalyandas Kakodar v. The State of Maharashtra [1970
2 S.C.80, it was stated that the mere fact that adolescents are exposed to
material of a sexual nature is not sufficient to justify a conviction for
obscenity. The Supreme Court held that the question of obscenity is one
to be decided by contemporary community standards.
76See the exception made for a medical work intended to seriously
explain the sexual side of marriage in Emperor v. Harnam Das (1946) 48
Cr.L.J. 910.
77See, e.g., State v. Girdharlal T. Popatlal [1954] 57 Bom.L.R. 452.
66

not seem the case that a work of classical literature can never be
obscene.78
The 1925 form of section 292 does not make the intention of the person,
who sells or keeps for sale an obscene article, or his knowledge of its
contents, a defence to a prosecution under the section. 79 It is still the
case that, should a publication have the tendency to deprave or corrupt
the minds of its readers, it falls within the ambit of the section, even
though the author or publisher had an innocent or even praise worthy
object.80
It will be noted that many of the defects in the legislation relating to
obscene publications of 1925 were also to be found in the English
Obscene Publications Act 1857, which was the subject of much criticism
on the ground of these defects.
The passing of the Obscene Publications Act 1959 in England and the
existence of similar legislation in other Commonwealth States, coupled
perhaps with certain rather unsatisfactory features of the judgment of
the Supreme Court in the Lady Chatterley case, led to the appointment of
a Select Committee under the chairmanship of Akbar Ali Khan which sat

78See the decision of Chatterjee J. in Kherode Chandra Roy Chowdury v.

Emperor (1911) I.L.R. 39 col. 377. This judge-made exception in favour of
classical works was held inapplicable where the work was priced so low
as to be purchasable by the man in the street: see Public Prosecutor v.
Mantripragada Markondeyulu (1916) 18 Cr.L.J. 153.
79The law remained unchanged as a result of the 1969 amendment. This
is very unfortunate in a country where there are many regional
languages, and illiteracy is still fairly common, especially amongst older
people. He will, however, have a defence if he can show that the sale or
other disposition of the obscene article was without his knowledge or
consent: see Ranjit Udeshi's case. The defences provided by s. 2 (5) and
s. 1 (3) (a) of the English Obscene Publications Acts 1959 and 1964
should be contrasted.
80See E. Adikesavalu v. State of Madras (1963) M.W.N. 628. The extended
exception provided by the amending Act of 1969 should, however, be
noted; but, in deciding whether a publisher may avail himself of the
statutory exception on the grounds of public good, etc., contained in the
1969 amendment, his intention may be important. See Durlap Singh v.
The State (1971) 73 P.L.R.D. 113.
67

in 1963. The recommendations of this Committee, and the main changes

in the law made by the amending Act of 1969,81 will now be considered.

THE 1969 AMENDMENTS OF THE PENAL CODE

The Committee recommended that statutory protection be given to
publications and objects which were meant for the public good or forth
bona fide purposes of science, literature, art or any other branch of
learning. It also recommended that the law should contain express
provisions enabling the courts to admit expert evidence as to whether or
not publications or objects are obscene.82The Committee recommended
that the concept of obscenity should be defined in the amending
legislation in accordance with the jurisprudence of the courts. They also
recommended that the punishments imposed by sections 292 and 293 (in
their 1925 version) should be increased,83 and that the Criminal
Procedure Code be revised to provide for the forfeiture of obscene
articles.
Most of the recommendations of the Committee have been carried into
effect. An article, according to the 1969 amendment, shall be deemed to
be obscene if it is lascivious or appeals to the prurient interest, 84 or if its
effect or (where it comprises two or more distinct items) the effect of any
81This Act may be cited as Act no. 36 of 1969.
82This recommendation was not accepted, but Indian courts have the
power to call such evidence according to s. 45 of the Indian Evidence Act
1872. Such expert evidence may be given as to the scientific, artistic or
literary merits of work, and was admitted in Chandrakant Kalyandas'
case.
83A first offence under s. 292 is now punishable with a term of up to two
years imprisonment, and with a maximum fine of Rs. 2,000. A second or
subsequent offence is punishable with a term of imprisonment of up to
five years and a maximum fine of up to Rs. 5,000. A first conviction of an
offence under s. 293is punishable with a term of imprisonment of up to
three years on first conviction, and a maximum fine of Rs. 2,000, and, in
the event of a second or subsequent offence, with a term of imprisonment
of up to seven years and a maximum fine of Rs. 5,000. These offences are
no longer triable summarily according to ss. 260 and 261 of the Criminal
Procedure Code.
84Note the adoption of the criterion of Roth v. U.S., 354 U.S. 476 as well
as that of the English Obscene Publications Act 1959, s. 1.
68

one of its items, if taken as a whole, is such as to tend to deprave and

corrupt

persons

who

are

likely,

having

regard

tall

relevant

circumstances, to read, see or hear the matter contained or embodied in

it.85 This definition appears to raise certain problems which are discussed
below. It is fortunate that it is necessary to consider a work or its
constituent items as a whole when deciding when it has tendency to
deprave and corrupt.
It is not clear how one decides whether a work consists of one or more
items, but this may not be a difficult matter for a court to decide. It is
also not stated what different criteria are applied for determining
whether an article has a tendency to deprave or corrupt; 86 or whether it
is lascivious or appeals to the prurient interest.87 It should be noted that,
although judges will no doubt be influenced by contemporary community
standards in deciding whether articles are obscene, on either of the
grounds of section 292, they are the sole arbiters of these questions, and
sit alone, without a jury or assessors.
Indian courts do not seem to have considered the possibility theta work
may have a tendency to deprave and corrupt by its depiction of non-

85The wording of the final clause may be compared with that of the
English Obscene Publications Act 1959, s. 1 (1). The determination of
those who are likely to read an obscene publication is one of fact. What is
not clear is whether it is sufficient that the large majority of likely
readers of an allegedly obscene work are not adolescents.
86Some would criticise the use of the concept of a tendency to deprave
and corrupt. The difficulties of this concept are well expressed in the
judgment of Lord Wilberforce in D.P.P. v. Whyte and another, The Times,
July 20, 1972.It is possible that the provision in the I.P.C. may be
interpreted to cover corruption that might be thought to occur as a result
of the depiction of violence or sexual deviation.
87Also when a work is alleged to be "lascivious or appealing to the
prurient interest," it is not clear from the wording of the section whether
one must determine this question by looking at the work as a whole, and
whether one may treat such works as divisible into items, the obscenity
of any one of which is sufficient for the purposes of the section. It also
seems apparent that the standard of lasciviousness is an absolute one,
and no account can be taken of the circumstances of the publication and
the likely readers.
69

sexual material, i.e., of extreme violence 88 or drug addiction.89It is

submitted that it is open to them to take the view that such tendency may
exist.
The scope of the 1925 exception to section 292 has been extended. As
has already been pointed out, the previous ambit of the exception was
narrow, being confined to religious matters. It has now been extended to
representations on ancient monuments within the meaning of the Ancient
Monuments and Archaeological Sites and Remains Act 1958 which
extension came out as a result of the recommendations of the Select
Committee already mentioned. In addition,90 an exception has been
introduced in almost the exact terms of the English Obscene Publications
Act 1959, s. 4 (1). This exception to section292 provides that the section
does not extend to articles:
the publication of which is proved to be justified as being for
the public good on the ground that such book, pamphlet,
paper, writing, drawing, painting, representation or figure is in
the interest of science, literature, art or learning or other
objects of general concern.91
This exception is both in lines with the jurisprudence of the courts in
India, and with the recommendation of the committee already mentioned.
It is not clear whether Indian prosecutors can circumvent the defenses
mentioned by initiating proceedings for conspiracy to corrupt public
morals as in Shaw v. D.P.P.92 and Kneller and others v. D.P.P.93 No such
offence as conspiracy to corrupt public morals is known to the I.P.C., and
there do not appear to be any decisions of the Indian courts in this area.

88See the English case, D.P.P. v. A. and B.C. Chewing Gum Limited [1968]
1Q.B. 159.
89See also Calder Publications Limited v. Powell [1965] 1 Q.B. 509.
90Note that this and other s. 292 defences are available when forfeiture
proceedings are instituted according to the revised s. 99A and s. 99B of
the Criminal Procedure Code.
91 The meaning of other objects of general concern requires to be
elucidated by the courts.
92 [1962] AC 220
93[1973] AC 435
70

However, the decisions of the House of Lords still have a persuasive

effect in India, and it is generally agreed that decisions of the Privy
Council rendered before January 26, 1950, when the Constitution came
into force, are binding on all courts except the Supreme Court. 94 There
are no judgments of the Privy Council in the area in question. An Indian
court might, however, take the view that such an offence as conspiracy to
corrupt public morals exists at common law.

94 See Punjabi v. Shamrao A. 1955 Nag 293.

71

INTERNATIONAL FRAMEWORK
Media Education had its beginnings in India in the early 1980s. The
pioneers, a large portion of who were parts of media foundations built by
the Catholic Church, were to a great extent affected by the deliberations
in Media Education in Australia and the United Kingdom. The work of
Canavan, Horsfield and Masterman was generally compelling. A great
part of the animated backing came from UNDA 95, the universal
companionship of Catholic communicators (now called SIGNIS), with
central station in Brussels. The companionship is subsidiary to UNESCO.
Thus, in a way, UNESCO furnished the spark and the backing for
generally exertions in Media Training, particularly in the advancing
scene. (Interestingly, UNESCO has now started discussing the need for
'media and data proficiency' as opposed to Media Education). The
Macbride Report which contended for the station of another planet data
and correspondence request (NWICO) was obviously a capable influence.
The UNESCO Declaration on Media Instruction, by agents of 19
countries gathering at Grunewald in 1982, exaggerated the undoubted
force of the media and the part they could play currently advancement,
and as instruments for the national's animated support in social order. It
called for political and instructive frameworks to distinguish their
commitments to push in their natives a discriminating comprehension of
the phenomena of correspondences.
The explanations behind doing Media Education today generally remain
unaltered however there has obviously been an enormous scale change,
especially where the burgeoning of media and the globalization of media
95 Unda is the International Catholic Association for Radio and Television
with 139 National Associations and 26 International Catholic
Organisations as its parts. It co-ordinates a planet wide system of people
and organizations included in television and offers them a discussion for
joint effort and reflection, taken from
http://www.waccglobal.org/en/19963-alternative-communicationnetworks/969-UNDA.html, last accessed 29th September,2015
72

substance are concerned. Meeting of the different media innovations has

made content accessible on an assemblage of stages; this has expedited
the further commercialization and politicization of the media. Control
and regulation, particularly of the "new" media has gotten tricky as a
result of the worldwide scale of access and arrive at.
National governments might want to control and manage them yet there
are few universal laws that aid them. The engineering for blocking
substance on both the old also the new media is effortlessly accessible,
and web search tools like Google could be pressurized to toe a given line
(witness the instance of Google bowing to the requests of the Chinese
government.
At the global level there has been a distinct decrease in investment in
Media Education. The Media Education Research Section of the
International Cooperation of Media

and Communication Research

(IAMCR)96 from 1997 to 2006 have sensed this decay, not just in the
amount of digests submitted to the Section over those eight years,
additionally in the points and subjects consumed for exploration by the
members. The submissions around 18 every year have moved their
centre (and this might as well amaze nobody) from old to new media,
however all the more essentially, from Media Training to expert
instruction in registering, interactive media and the internet.

96 Made with the co-operation of Unesco, the new affiliation, which is

autonomous, has its home office in Paris, in the work places of the
Institute Franais de Presse of the University of Paris, 27 regret St.
Guillaume. Its capacity is the advancement all through the universe of
the improvement of examination on issues identified with press, radio, TV
and movies taken from http://www.iamcr.org/about-iamcr/history/306iamcr-history-in-a-nutshell , last accessed 29th September,2015
73

CHAPTER 7
REVIEW OF CASE STUDIES WITH REFERENCE TO MEDIA
CENSORSHIP
1. RANJIT D UDESHI

STATE

OF

MAHARASHTRA97

Issue: Whether S. 292, Indian Penal Code was constitutionally valid and
if so, whether or not it could be summoned in the present case.
Decision: The court dismissed the petition with the subsequent
assertions:
(1) Where obscenity and art are mixed, art must so preponderate as to
throw the obscenity into a shadow or the obscenity must be so trivial and
insignificant that it can have no effect and may be overlooked. In other
words, treatment of sex in a manner offensive to public decency and,
judged by our national standards, considered likely to pander to
lascivious, prurient or sexually precocious minds, must determine the
result.
(2) The test to adopt in India is that obscenity without a preponderating
social purpose or profit cannot have the constitutional protection of free
speech and expression, and obscenity is treatment of sex in a manner
appealing to the carnal sides of human nature, or having that tendency.
(3) The law seeks to protect not those who can protect themselves but
those whose prurient minds take delight and secret sexual pleasure from
erotic writings. No doubt this is treatment of sex by an artist and hence
there is some poetry even in the ugliness of sex.
2. K A ABBAS

UNION OF INDIA

AND

97 AIR 1965 SC 881

98AIR 1971 SC 481.
74

ANOTHER98

Issues: Was Part 11 and Section 5B of the Cinematograph Act, which

authorised the Government to issue guidelines to set out doctrine to
guide the Censor Board in granting certification constitutionally valid?
Even if pre-censorship were a legitimate restraint on freedom, does it
have to be exercised on definitive principles leaving no room for arbitrary
action?
Does pre-censorship of films breach the fundamental right of the freedom
of speech and expression?
Decision: The court relied on the Khosla Committee Report, 1968 99and
precedents from Indian, American and British case law and held that precensorship was valid (in the context) and an exception to the right to
freedom of speech and expression as had been provided under Article
19(2). The Court believed that pre-censorship was essential as the
medium of film had to be treated in a different way from other forms of
art and expression. The art of the cameraman, with trick photography,
vista vision and three dimensional representation thrown in, has made
the cinema picture more true to life than even the theatre or, indeed, any
other form of representative art.
The court held that the general principles that applied to exceptions to
Article 19 (1) (a) applied to the censorship of film, and that there was not
anything vague about the phrasing of the Censorship Act. We are quite
clear that expressions like seduction, immoral traffic in women,
soliciting, prostitution or procuration (sic), indelicate sexual situation
and scenes suggestive of immorality, traffic and use of drugs, class
hatred,

blackmail

associated

with

immorality

are

within

the

understanding of the average man and more so of persons who are likely

99 Report of the Enquiry Committee on Film Censorship 1968-1969

instituted by the Ministry of Information and Broadcasting to enquire
into the working of the existing procedures for certification of
cinematograph films for public exhibition in India
75

to be the panel for purposes of censorship. Any more definiteness is not

only not expected but is not possible.
Nonetheless, the court observed that the censor members need to take
into account the value of art while making their decision. The artistic
appeal or presentation of an episode robs it of its vulgarity and harm and
also what may be socially good and useful and what may not.
3. RAJ KAPOOR

AND

OTHERS

STATE

AND

OTHERS100

Issues: Whether issuance of a censor certificate by the specialised Board

of Film Censors bars the jurisdiction of the criminal court to try the
offences under Sections 292 and 293 of the IPC relating to obscenity.
Decision: Despite the fact that a certificate issued by the Censor Board
is of relevance, it does not exclude the court from deciding if a film is
obscene or not.
Justice Krishna Iyer in the judgment vehemently argued that An act of
recognition of moral worthiness by a statutory agency is not opinion
evidence but an instance or transaction where the fact in issue has been
asserted, recognized or affirmed. The court will examine the film and
judge whether its public policy, in the given time and clime, so breaches
public morals or depraves basic decency as to offend the penal
provisions. Yet, especially when a special statute (the Cinematograph
Act) has set special standards for films for public consumption and
created a special Board to screen and censor from the angle of public
morals and the like, with its verdicts being subject to higher review,
inexpert criminal courts must be cautious to rush in and must indeed
fear to tread lest the judicial process become a public footpath for any
highwayman wearing a moral mask holding up a film-maker who has
traveled the expensive and perilous journey to the exhibition of his
certificated picture.

100AIR 1980 SC 258.

76

The court permitted the appeal and sent back the matter to the high
court for a fresh disposal
4. SAMARESH BOSE

AND

ANOTHER

AMAL MITRA

AND

ANOTHER101

Issues: Whether references to kissing, descriptions of the body and the

figures of feminine characters in the volume and suggestions of sex acts
by themselves have the consequence of depraving and degrading, and
encouraging lasciviousness among the readers of any age and must
consequently be considered obscene.
Decision: The Supreme Court allowed the appeal and dismissed the
charges of obscenity. It opined that vulgar writing is not necessarily
obscene. Vulgarity arouses a feeling of disgust and revulsion and also
boredom but does not have the effect of depraving, debasing and
corrupting the morals of any reader of the novel, whereas obscenity has
the tendency to deprave and corrupt those whose minds are open to such
immoral influences.
We feel that the readers as a class will read the book with a sense of
shock and disgust and we do not think that any reader on reading this
book

would

become

depraved,

debased

and

encouraged

to

lasciviousness.
The court held that even though, in some places in the book there may
have been an exhibition of bad taste, it was up to readers of experience
and maturity to draw the necessary inference. The court said that it was
not sufficient to bring home to adolescents any suggestion that was
depraving or lascivious. We have to bear in mind that the author has
written this novel which came to be published in the Sarodiya Desh for
all classes of readers and it cannot be right to insist that the standard
should always be for the writer to see that the adolescent may not be
brought into contact with sex. If a reference to sex by itself in any novel
is considered to be obscene and not fit to be read by adolescents,
101AIR 1986 SC 967.
77

adolescents will not be in a position to read any novel and have to read
books which are purely religious.
5. BOBBY ART INTERNATIONAL & OTHERS

OM PAL SINGH HOON &

OTHERS102
Issues: Whether the portrayal of frontal nudity, rape and violence in the
movie Bandit Queen, were obscene, licentious and condescending to
women.
Decision: The court overturned the decision of the Delhi High Court. It
held that since the Tribunal (Censor Board) had scrutinised the film in
true perspective and approved the film with an A certificate, and since
the tribunal was an expert body competent to judge public reactions to
the film, its decision should be followed.
The Apex court observed that a motion picture that illustrates the
outcome of a social evil inevitably must show that social evil. We find
that the (high court) judgment does not take due notice of the theme of
the film and the fact that it condemns rape and degradation of violence
upon women by showing their effect upon a village child, transforming
her to a cruel dacoit obsessed with wreaking vengeance upon a society
that has caused her so much psychological and physical hurt, and that
the scenes of nudity and rape and use of expletives, so far as the Tribunal
had permitted them, were in aid of the theme and intended not to arouse
prurient or lascivious thoughts but revulsions against the perpetrators
and pity for the victim.
6. DIRECTOR GENERAL, DIRECTORATE GENERAL
OTHERS

ANAND PATWARDHAN

AND

OF

DOORDARSHAN &

ANOTHER103

Issues: Whether a film producer has the right to be resolute that his film
must be shown on Doordarshan, the national channel.
102AIR 1996 SC 1846.
1031996(8) SCC 433.
78

1. The High Court was justified in directing the screening of the film
certified U/A.
2. The policy of Doordarshan of not telecasting adult movies can be
said to violate Article 19(1) (a) of the Constitution of India.
3. Whether or not it is open to the court to substitute its view for that
of the competent authority about whether or not a film is fit to be
aired on Doordarshan.
Decision: The court observed that the documentary was given two
awards at the 42nd National Film Festival in 1995, conducted by the
Ministry of Information and Broadcasting, under the Government of
India, after being pronounced as the best investigative film and best film
on societal issues. It was, consequently, highly illogical and erroneous to
say that such a film endorses violence, that its production value was
substandard and that it had no explicit message to express.
Moreover, the court also held that a documentary could not be denied
exhibition on Doordarshan simply due to its A or U/A certification.
Countering the objection of Doordarshan to a scene in the documentary
wherein someone is seen selling aphrodisiac on the street and,
simultaneously makes certain comments about male sexuality, the court
held that a film must be judged from an average, healthy and common
sense point of view. If this said yardstick is applied and the film is
judged in its entirety and keeping in view the manner in which the
filmmaker has handled the theme, it is impossible to agree that those
scenes are offended by vulgarity and obscenity (sic).
The Supreme Court condemned the action of Doordarshan and said that,
as a national channel, it controls the airwaves, which are public property.
The right of the people to be informed calls for channelising and
streamlining Doordarshan's control over the national telecast media
vehicle.

79

Affirming that Doordarshans actions were mala fide and driven by

arbitrariness, the court ordered it to broadcast the documentary.
7. AJAY GO

SWAMI V

UNION

OF

INDIA & OTHERS104

Issues: The court looked at the following issues:

1. Is the matter in newspapers really injurious for minors?
2. Do minors have any independent right enforceable under Article 32 of
the Constitution?
Decision: The court observed the tests of obscenity very vigilantly
through existing case laws from India and abroad. It held that imposing a
comprehensive ban on the publication of photographs and news items,
etc., would lead to a state of affairs where the newspaper will be
publishing material catering only to children and teenagers and in so
doing depriving adults of their share of entertainment of a kind
acceptable under time-honored norms of decency in any society.
The court also emphatically observed that a culture of responsible
reading should be hammered among the readers of news article. No
news item should be viewed or read in isolation. It is necessary that
publication must be judged as a whole and news items, advertisements or
passages should not be read without the accompanying message that is
purported to be conveyed to the public. Also, members of the public and
readers should not look for meanings in a picture or written article which
are not conceived to be conveyed through the picture or the news item.
The court dismissed the petition, but gave guidelines to the Central
Government to seriously look into and make appropriate amendments to
the provisions of Section 14(1) of the Press Council Act, 1978 in
accordance with the request made by the Press Council of India.

104AIR 2007 SC 493.

80

8. SUO MOTO

STATE

OF

RAJASTHAN105

Issue(s): The major issue involved in this writ was the portrayal of
women inundignified manner by the media, including television
channels, and the governments accountability for it.
Decision: According to the Rajasthan High Court, the Censor Board
should ensure that 'A' certificates are given to adult films and posters for
such films are exhibited in a healthier and less revealing manner at
public places and in close proximity to cinema halls.
The state government was directed to constitute a District Level
Committee to implement the Indecent Representation of Women
(Prohibition) Act, 1986, under the chairmanship of the District
Collector, with members drawn from among official and non-official
organisations working for women's empowerment, jurists, cinema hall
owners, etc.
The court directed the Central Government to authorize a responsible
person to oversee and ensure strict compliance with the Cable Television
Networks (Regulation) Act, 1995 and Rules and the provisions of the
Indecent Representation of Women (Prohibition) Act, 1986.
It further asked the Central Government to promote cooperation between
state agencies in order to ensure strict compliance with the relevant acts
and rules. According to the court, conformity should be made true in
letter and spirit. It should not be a measly formality to give the statistics
and details of action taken by the Union of India and the state
government. Tangible steps should be taken to prevent the depiction of
women in an inappropriate manner through broadcasting, telecasting
and advertisements, etc., and prompt steps have to be taken against the
accountable persons.

105AIR 2005 Raj 300.

81

9. MAQBOOL FIDA HUSAIN

RAJ KUMAR PANDEY106

Issues: Whether or not Husains representation of Bharat Mata be

considered

obscene

and

whether

he

should

be

held

criminally

accountable under Section 292 of the IPC.

Decision: The court held that, prima facie, the painting was neither
lascivious nor likely to call to the prurient interest that is to say, the
painting would not stimulate sexual interest in a perverted person and
would not ethically corrupt or disgrace a person viewing it.
The court observed that nudity alone cannot be said to be obscene.
According to the judgment, the aesthetic touch to the painting dwarfs
the so-called obscenity in the form of nudity and renders it so picayune
and insignificant that the nudity in the painting can easily be overlooked.
The nude woman was not shown in any peculiar kind of posture, nor were
her surroundings painted so as to arouse sexual feelings or lust. The
placement of the Ashoka Chakra was also not on any particular part of
the body of the woman that could be deemed to show disrespect to the
national emblem.
According to the judges, There are very few people with a gift to think
out of the box and seize opportunities, and therefore such peoples
thoughts should not be curtailed by the age old moral sanctions of a
particular section of society having oblique or collateral motives who
express their dissent at every drop of a hat. The court recommended
that the government think of apposite legislations to make sure that
artists and creative persons do not have to run from pillar to post to
shield themselves against criminal proceedings initiated by oversensitive
or publicity motivated persons.

106Crl. Revision Petition No. 114/2007.

82

CONCLUSION
Media brutality represents a danger to open health because of the fact
that it accelerates an expansion in genuine brutality and animosity.
Inquire about unmistakably indicates that fictional TV what's more film
brutality help an increment in combativeness and violence, both in the
transient and over the life compass. TV news additionally helps expands
violence, chiefly as imitative suicides also demonstrations of pugnacity.
Movie amusements are obviously equipped for preparing an expansion in
hostility in the short term, in spite of the fact that no enduring
longitudinal thinks about fit for showing enduring impacts have been led.
The relationship between media brutality and genuine violent content
and pugnacity is directed by the way of the media content and qualities
of and social impacts on the singular presented to that substance. Still,
the normal general size of the impact is substantial enough to place it in
the class of known dangers to open health.
Society's craving for sexually oriented works, from Sports Illustrators
swimsuit issue to the mushrooming market in pornographic home videos,
continues unabated. So does the battle over whether such works have a
justifiable place in a civilized society. This battle pits religious, feminist,
and other organizations, as well as state and federal governments,
against those who create, distribute and view sexually oriented works.
The real test for determining whether or not a work is obscene continues
to stand at the center of the judicial battle between those attempting to
suppress sexually oriented works, contending that they appeal only to
humankind's basest instincts, and those seeking to protect sexually
oriented works, contending that they are socially valuable works of at
least some literary and artistic merit. This battle raises constitutional
issues also because of the freedom of speech and expression granted
under Article 19.
The standard to be applied to determinations under the value component
must be consistent with its purpose. Although a standard that permits
judges to draw upon their own views and emotions may constitutionally
83

be applied to the prurient interest and patently offensive components,

the application of such a standard to the value component would be
inconsistent with its constitutional function. Under such a standard,
judges conclusions are likely to represent the judgment of the majority,
and to thus reject as valueless those works that have yet to gain
community acceptance. The reasonable person standard, though perhaps
not as indentured to majoritarian views as the community standard, will
nonetheless produce conclusions that reflect the personal views of the
jurors. The reasonable person standard is thus also constitutionally
unacceptable.
In contrast, a rational persons standard is consistent with the value
components function. Under a rational persons standard a work is not
obscene if the fact finder concludes that at least some rational persons
could find that an allegedly obscene work possesses serious literary,
artistic,

scientific,

or

political

value.

Consequently,

this

standard

embodies the first amendments command that even those ideas and
beliefs accepted only by a relatively few individuals are protected.
Although no standard can ensure that judges will consider the views of
the minority when deciding whether a work possesses value, the rational
persons standard at least provokes them to look outward to consider
whether rational people exist who could find value in the work.
Electronic media have huge consequences for socialization. Given the
predominance also glamorization of violent media in our social order, it is
not shocking that introverted cognizance and conducts are normal. In the
event that we need a social order that is less inclined to pugnacity and
brutality, we have to advertise media that instruct prosaically issue
tackling.

Additionally,

instead

of

dispose

of

war

films,

police

dramatization, or first-individual shooter motion picture diversions, we

should change the setting of the stories being told and the crowds that
are presented to possibly unsafe content. Due to the deficiency of
positive media, a potential untapped business is opened up to media
aggregates

that

might

additionally,
84

thusly,

profit

social

order.

Enhancements in each of these components may as well lessen societal

acknowledgement also noticeable quality of reserved discernments,
standards, and conducts.
Deductive proof does not dependably make as viable open approach, yet
it is an imperative attention. My conviction is that people in general
approach for vicious motion picture recreations ought to be comparable
to that for smoking: teach social order on the potential antagonistic
impacts and confine access to minors. More research with longitudinal
outlines incorporating different hazard variables may as well be a
necessity, yet the exploration to date is not definitive. Notwithstanding
the antecedent/causal part of violent motion picture amusements, we
might as well utilize our accessible information to forestall school
roughness. This ought to be a national necessity. The public has grown
uncomfortable with the depictions of violence now so prevalent in the
entertainment media. The now familiar statistics show that by the time a
child, who watches two to four hours of television per day, is twelve, the
child has observed 8,000 murders and 100,000 other acts of violence. 107
There is growing concern that this exposure to violence fuels the violence
that seems to be becoming more common in our society. A society, in
which sexual expression is limited, while violence runs rampant, does not
seem a better place than a society in which depictions of violence are
limited, and if the causation studies are correct, the level of violence is
reduced. History, policy, and the Constitution do not demand that we
accept a culture of violence.
A mixture of brutal media are entering the home and welcoming the
animated cooperation of youthful kids frequently with minimal parental
supervision. In spite of the fact that extra research to address wavering
inquiries is wanted, it is clear that media brutality is a causal danger
component that ought to be tended to in astute ways. Notwithstanding
107 John Dillin, Senate Hearings Lambaste High Level of TV Violence,
Christian Sci. Monitor, June 10, 1993.
85

the endeavors made to breaking point the measure of violently arriving at

local families, those families themselves are unmistakably basic in
controlling what achieves their youngsters. If by receiving V-chip
engineering

for

home

TV

customizing,

subscribing

to

voluntary

viciousness screening by Internet suppliers, or essentially overseeing

nearly youngsters' utilization of TVs, Pcs, and film amusements, folks
can lessen and shape their youngsters' utilization of vicious media.
Neighborhoods counting schools, religious associations, and parent
teacher associations can educate folks and youngsters how to be better,
healthier shoppers of the media.
Elected organizations could be more proactive in supporting required
research, in imparting with people in general the applicable discoveries
of flow research, in supporting brutality avoidance specialists to connect
more with media analysts, and in making systems for offering answers
for social and open health problems. media utilization is frequently
portrayed in wholesome terms:
People

discuss

"media

utilization"

and

"an

unfaltering

eating

methodology of viciousness." Verifiably, maybe, they distinguish that

feeding kids' minds through the media is like sustaining their forms. In
both cases, from an open health view, today's utilization examples are a
long way from optimal there is a need to provide strict media regulation
in order to protect our social environment.

86

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Cable Television Networks (Regulation) Act (1995)

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