MEDIA LAW AND POLICY

AUTHOR- KESHAV MAHESHWARI

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CONTACT- 9769043487,955780639
INTRODUCTION TO MEDIA:
The term media is derived from Medium, which means carrier or mode.
Media denotes an item specifically designed to reach a large audience or
viewers. The term was first used with the advent of newspapers and
magazines. However, with thespassage of time, the term broadened by the
inventions of radio, TV, cinemas and Internet.
In the world of today, media has become as necessary as food and clothing.
It has played significant role in strengthening the society. Media is
considered as "mirror" of the modern society, infact, it is the media which
shapes our lives.
The purpose of the media is to inform people about current, new affairs and
to tell about the latest gossip and fashion. It tells about the people who are
geographically divided.
The role of media has become one way of trading and marketing of products
and prejudices. The media claimed to be governed by righteousness and
equity, but greed and self-aggrandizement has poisoned its virtues.
Society is influenced by media in so many ways. It is the media for the
masses that helps them to get information about a lot of things and also to
form opinions and make judgments regarding various issues! It is the media
which keeps the people updated and informed about what is happening
around them and the world. Everyone can draw something from it.
Media has had a bad effect on a generation, mainly because, youth is
strongly influenced by media. Teenagers and children wish to follow the
people, who get recognized and do what they do to get noticed. Sometimes,
they focus on bad part of the media and strive to be a part of it. However,
many are not succumbed to a life of crime!
These are the things which get into Young civilian minds!
The media affects people's perspective. Too much intervention of media in
everything is a matter of concern. Media can be considered as "watch dog"
of political democracy. Through the ages, the emphasis of media on news
has camouflaged. Media these days, tries to eye the news which could help
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them to sell the information that is gathered worldwide, so that they could
pave a way of success and fame of their respective channels. FM radios,
newspapers, information found on net and television are the mass Medias
that serve to reduce the communication gap between the audience, viewers
and the media world. For the sake of publicity and selling, important
figures, their lifestyles are usually targeted. Unimportant and irrelevant
news, that usually have no importance are given priority and due to a
reason or the other, they get onto the minds of the viewers and in this ways
many a times,importantpolitical, economical and sociological news get
neglected and gradually, lose their importance!
No doubt,media has played significant role in making world a global village
and to reduce the communication gaps amongst the people living in the far
areas but unfortunately,media these days has become a COMMERCIALIZED
SECTOR,eying the news which are hot and good at selling.The goal is to
gain the television rating points.

Purposes:
Mass media can be used for various purposes:
Entertainment:
The original idea behind the creation of various media means was to
entertain masses. Radio, TV, cinemas and magazines spend most of their
resources targeting on entertaining items and programs. Because of the
growing population and developing lifestyle, the demand for more
entertainment is increasing. Every year billion of dollars is traded in
entertainment industry.
News & Current Affairs:
One of major duties of media today is to inform the people about the latest
happening around them and the world. They cover all aspects of our
interest like weather, politics, war, health, finance, science, fashion, music,
etc. The need for more and more news has evolved into creation of
dedicated TV & radio channels and magazines. People can listen, watch and
read latest news whenever and wherever they want.
Political Awareness:
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Media is the overseer of the political system. If it plays its role honestly, it
will be a great force in building the nation. It plays a great role in bringing
common man close to their leaders. The media focuses in bringing details of
all major political situations, decisions and scenarios. Hence people can
better understand their rights and make better decisions.
Education:
Because of the power of media is so extensive and huge, it can be used to
educate people with very little cost. Imagine a classroom in every city with
thousands of students being taught by just one teacher. But unfortunately,
because of money-making approach of media and lack of interest by
government, very less work is done in spreading the education.
Public Announcements:
Various authorities and agencies utilize the power of media to spread
informative messages to public. This may include warning against a storm
or epidemic, delay in arrival or departure of flights and trains, etc. In some
cases, it is legally binding to publish notices in newspaper like tenders,
change of property ownership, etc.
Advertisement:
Almost all business concerns uses the power of media to sell their products.
They advertise in media for the enhancement of business purposes. Huge
amounts of money are invested in media for marketing of a product. The
more attractive the advertisement, the more people will follow it.
Disadvantages:
Even though there are lot of plus points for use of media but there are also
many disadvantages associated with it. Media has the bad effect of inducing
baseless ideas through advertisements. People are forced to buy harmful or
substandard products. Sometimes, the Media develops unnecessary
sensation and distortion of truth to attract attention. Because of its power to
build public opinion, the influence of media can make or break the
government.
MAIN ARGUMENTS:
The main arguments which are covered under this article are freedom of
press, privacy and media laws, trials by media and victimisation, media laws
in India, sting operations, advertising, broadcasting, media sector analysis
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report, prospects, call for regulation, impact of globalisation on Indian

media.
IMPORTANCE OF THE ISSUE:
Media is one of the most powerful instruments of communication. It can
help to promote the right thingson right time and gives a real as well as
strong aspects of the world about what is right or wrong also italso express
that how can we store and distributes the views. The world is moving
towards progress inevery step of life. But we cannot refuse the real fact that
we all are bounded directly or indirectly with theloads of social problems
and issues, which are affected by the people of the people and for the
people. The media plays a very constructive role in todays society.Media
play an important role in increasing of public awareness and collect the
views, information and attitudes toward certain issue. Media is
the most powerful tool of communication in emerging world and increased t
he awareness and presents the realstage of society. In this decade of
Knowledge and awareness there is a huge and grand role of media, it isall
around us when we watch on Television, listen to on the radio, read to the
books, magazines, and newspapers, every where we want to collect some
knowledge and information and a part of this media hasto present a very
responsible role for our society. Without the media, people in societies
would beisolated, not only from the rest of the world, but also for the total
formation of creditable world.

FREEDOM OF THE PRESS

Freedom of the press or freedom of the media is the freedom of
communication and expression through mediums including various
electronic media and published materials. While such freedom mostly
implies the absence of interference from an overreaching state, its
preservation may be sought through constitutional or
other legal protections.
With respect to governmental information, any government may distinguish
which materials are public or protected from disclosure to the public based
on classification of information as sensitive, classified or secret and being
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otherwise protected from disclosure due to relevance of the information to

protecting the national interest. Many governments are also subject to
sunshine laws or freedom of information legislation that are used to define
the ambit of national interest.
The Universal Declaration of Human Rights states: "Everyone has the right
to freedom of opinion and expression; this right includes freedom to hold
opinions without interference, and impart information and ideas through
any media regardless of frontiers"
This philosophy is usually accompanied by legislation ensuring various
degrees of freedom of scientific research (known as scientific freedom),
publishing, press and printing the depth to which these laws are entrenched
in a country's legal system can go as far down as its constitution. The
concept of freedom of speech is often covered by the same laws as freedom
of the press, thereby giving equal treatment to spoken and published
expression.
The Indian Constitution, while not mentioning the word "press", provides
for "the right to freedom of speech and expression" (Article 19(1) a).
However this right is subject to restrictions under sub clause (2), whereby
this freedom can be restricted for reasons of "sovereignty and integrity of
India, the security of the State, friendly relations with foreign States, public
order, preserving decency, preserving morality, in relation to contempt,
court, defamation, or incitement to an offense". Laws such as the Official
Secrets Act andPrevention of Terrorist Activities Act1 (PoTA) have been used
to limit press freedom. Under PoTA, person could be detained for up to six
months for being in contact with a terrorist or terrorist group. PoTA was
repealed in 2006, but the Official Secrets Act 1923 continues.
For the first half-century of independence, media control by the state was
the major constraint on press freedom. Indira Gandhi famously stated in
1975 that All India Radio is "a Government organ, it is going to remain a
Government organ..."2 With the liberalization starting in the 1990s, private

1The Prevention of Terrorism Act 2002".

2Freedom of the Press". PUCL Bulletin, (People's Union for Civil Liberties). July
1982.
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control of media has burgeoned, leading to increasing independence and

greater scrutiny of government.
It ranks poorly at 140th rank out of 179 listed countries in the Press
Freedom Index 2013 released by Reporters Without
Borders (RWB).3 Analytically India's press freedom, as could be deduced by
the Press Freedom Index, has constantly reduced since 2002, when it
culminated in terms of apparent freedom, achieving a rank of 80 among the
reported countries

PRIVACY AND MEDIA LAWS

In her research, SonalMakhija, a Bangalore-based lawyer, tries to delineate
the emerging privacy concerns in India and the existing media norms and
guidelines on the right to privacy. The research examines the existing media
norms (governed by Press Council of India, the Cable Television Networks
(Regulation) Act, 1995 and the Code of Ethics drafted by the News
Broadcasting Standard Authority), the constitutional protection guaranteed
to an individuals right to privacy upheld by the courts, and the reasons the
State employs to justify the invasion of privacy. The paper further records,
both domestic and international, inclusions and exceptions with respect to
the infringement of privacy.
Last years satirical release, Peepli [Live], accurately captured what takes
place in media news rooms. The film revolves around a debt-ridden farmer
whose announcement to commit suicide ensue a media circus. Ironically, in
the case of the Radia tapes, the same journalists found themselves in the
centre of the medias frenzy-hungry, often intrusive and unverified style of
reporting. Exposs, such as, the Radia tapes and Wikileaks have thrown
open the conflict between the right to information, or what has come to be
called informational activism, and the right to privacy. Right to information
and the right to communicate the information via media is guaranteed
under Article 19(1) (a) of the Constitution of India. In State of Uttar Pradesh
v Raj Narain,4 the Supreme Court of India held that Article 19(1) (a), in
addition, to guaranteeing freedom of speech and expression, guarantees the
3"Press Freedom Index 2013". Reporters Without Borders.
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right to receive information on matters concerning public interest. However,

more recently concerns over balancing the right to information with the
right to privacy have been raised, especially, by controversies like the
Radia-tapes.
India, at present, does not have an independent statute protecting privacy;
the right to privacy is a deemed right under the Constitution. The right to
privacy has to be understood in the context of two fundamental rights: the
right to freedom under Article 19 and the right to life under Article 21 of
the Constitution.
The higher judiciary of the country has recognised the right to privacy as a
right implicit in the right to life and liberty guaranteed to the citizens of
this country by Article 21. The Indian law has made some exceptions to the
rule of privacy in the interest of the public, especially, subsequent to the
enactment of the Right to Information Act, 2005 (RTI). The RTI Act, makes
an exception under section 8 (1) (j), which exempts disclosure of any
personal information which is not connected to any public activity or of
public interest or which would cause an unwarranted invasion of privacy of
an individual. What constitutes an unwarranted invasion of privacy is not
defined. However, courts have taken a positive stand on what constitutes
privacy in different circumstances.
The purpose of this paper is to delineate the emerging privacy concerns in
India and the existing media norms and guidelines on the right to privacy.
At present, the media is governed by disparate norms outlined by selfgoverning media bodies, like the Press Council of India, the Cable Television
Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the
News Broadcasting Standard Authority (NBSA). The paper examines the
existing media norms, constitutional protection guaranteed to an
individuals right to privacy and upheld by courts, and the reasons the State
employs to justify the invasion of privacy. The paper records, both domestic
and international, inclusions and exceptions with respect to the
infringement of privacy.
The paper traces the implementation of media guidelines and the meanings
accorded to commonly used exceptions in reporting by the media, like,
public interest and public person. This paper is not an exhaustive attempt
41975 AIR 865, 1975 SCR (3) 333.
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to capture all privacy and media related debates. It does, however, capture
debates within the media when incursion on the right to privacy is
considered justifiable. The questions that the paper seeks to respond to
are: When is the invasion on the right to privacy defensible? How the media
balances the right to privacy with the right to information? How is public
interest construed in day-to-day reporting? The questions raised are seen in
the light of case studies on the invasion of privacy in the media, the
interviews conducted with print journalists, the definition of the right to
privacy under the Constitution of India and medias code of ethics.
Constitutional Framework of Privacy
The right to privacy is recognised as a fundamental right under the
Constitution of India. It is guaranteed under the right to freedom (Article
19) and the right to life (Article 21) of the Constitution. Article 19(1) (a)
guarantees all citizens the right to freedom of speech and expression. It is
the right to freedom of speech and expression that gives the media the right
to publish any information. Reasonable restrictions on the exercise of the
right can be imposed by the State in the interests of sovereignty and
integrity of the State, the security of the State, friendly relations with
foreign States, public order, decency or morality, or in relation to contempt
of court, defamation or incitement to an offence. Article 21 of the
Constitution provides, "No person shall be deprived of his life or
personal liberty except according to procedure established by
law." Courts have interpreted the right to privacy as implicit in the right to
life. In R.Rajagopal v. State of T.N.5and PUCL v. UOI,6the courts observed
that the right to privacy is an essential ingredient of the right to life.
For instance, in R. Rajagopal v State of Tamil Nadu, Auto Shankar who
was sentenced to death for committing six murders in his autobiography
divulged his relations with a few police officials. The Supreme Court in
dealing with the question on the right to privacy, observed, that the right to
privacy is implicit in the right to life and liberty guaranteed to the citizens
of the country by Article 21. It is a right to be left alone. "A citizen has a
right to safeguard the privacy of his own, his family, marriage, procreation,
motherhood, child-bearing and education among other matters. The
5(1994) 6 S.C.C. 632.
6AIR 1997 SC 568.
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publication of any of the aforesaid personal information without the consent

of the person, whether accurate or inaccurate and whether laudatory or
critical would be in violation of the right to privacy of the person and liable
for damages. The exception being, when a person voluntarily invites
controversy or such publication is based on public records, then there is no
violation of privacy.
In PUCL v. UOI,7which is popularly known as the wire-tapping case, the
question before the court was whether wire-tapping was an infringement of
a citizens right to privacy. The court held that an infringement on the right
to privacy would depend on the facts and circumstances of a case. It
observed that, "telephone conversation is an important facet of a
man's private life. Right to privacy would certainly include
telephone-conversation in the privacy of one's home or office.
Telephone-tapping would, thus, infract Article 21 of the Constitution
of India unless it is permitted under the procedure established by
law." It further observed that the right to privacy also derives from Article
19 for "when a person is talking on telephone, he is exercising his
right to freedom of speech and expression."
In Kharak Singh v. State of U.P,8 where police surveillance was being
challenged on account of violation of the right to privacy, the Supreme
Court held that domiciliary night visits were violative of Article 21 of the
Constitution and the personal liberty of an individual.
The court, therefore, has interpreted the right to privacy not as an absolute
right, but as a limited right to be considered on a case to case basis. It is the
exceptions to the right to privacy, like public interest, that are of particular
interest to this paper.
International Conventions
Internationally the right to privacy has been protected in a number of
conventions. For instance, the Universal Declaration of Human Rights, 1948
(UDHR) under Article 12 provides that:
"No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, or to attacks upon his honour and
7 IBID
8AIR 1997 SC 568.
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reputation. Everyone has the right to the protection of the law

against such interference or attacks."
The UDHR protects any arbitrary interference from the State to a persons
right to privacy. Similarly, International Covenant on Civil and Political
Rights, 1976 (ICCPR) under Article 17 imposes the State to ensure that
individuals are protected by law against arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to unlawful attacks on
his honour and reputation.9
Safeguarding Identity of Children
The Juvenile Justice (Care and Protection of Children) Act lays down that
the media should not disclose the names, addresses or schools of juveniles
in conflict with the law or that of a child in need of care and protection,
which would lead to their identification. The exception, to identification of a
juvenile or child in need of care and protection, is when it is in the interest
of the child. The media is prohibited from disclosing the identity of the child
in such situations.
Similarly, the Convention on the Rights of the Child (CRC) stipulates that:
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with
his or her privacy, family, or correspondence, nor to unlawful attacks
on his or her honour and reputation.
2. The child has the right to the protection of the law against such
interference or attacks.
Article 40 of the Convention, states that the privacy of a child accused of
infringing penal law should be protected at all stages of the proceedings.
Safeguarding Identity of Rape Victims
Section 228A of the Indian Penal Code makes disclosure of the identity of a
rape victim punishable. In the recent AarushiTalwar murder case and the
rape of an international student studying at the TATA Institute of Social
Sciences (TISS) the media frenzy compromised the privacy of the TISS
victim and besmirched the character of the dead person.10In the TISS case,
the media did not reveal the name of the girl, but revealed the name of the
9International Covenant on Civil and Political Rights, Part III Art. 17. Available at:
http://www2.ohchr.org/english/law/ccpr.htm (LAST USED AT 5:09 PM 11/10/14)
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university and the course she was pursuing, which is in violation of the PCI
norms. In addition to revealing names of individuals, the PCI norms
expressly states that visual representation in moments of personal grief
should be avoided. In the Aarushi murder case, the media repeatedly
violated this norm.

Trial by Media & Media Victimisation

The PCI norms lay down the guidelines for reporting cases and avoiding
trial by media. The PCI warns journalists not to give excessive publicity to
victims, witnesses, suspects and accused as that amounts to invasion of
privacy. Similarly, the identification of witnesses may endanger the lives of
witnesses and force them to turn hostile. Zaheera Sheikh, who was a key
witness in the Gujarat Best Bakery case, was a victim of excessive media
coverage and sympathy. Her turning hostile invited equal amount of media
speculation and wrath. Her excessive media exposure possibly endangered
her life. Instead, of focussing on the lack of a witness protection program in
the country, the media focussed on the twists and turns of the case and the
19 year olds conflicting statements. The right of the suspect or the accused
to privacy is recognised by the PCI to guard against the trial by media.
In the Bofors pay-off case11the High Court of Delhi, observed that, The
fairness of trial is of paramount importance as without such protection
there would be trial by media which no civilised society can and should
tolerate. The functions of the court in the civilised society cannot be
usurped by any other authority. It further criticised the trend of police or
the CBI holding a press conference for the media when investigation of a
crime is still ongoing. The court agreed that media awareness creates
awareness of the crime, but the right to fair trial is as valuable as the right
to information and freedom of communication.
10Kumar, Vinod, Raped American students drink not spiked in our bar, 16.04.09
Available at http://www.mid-day.com/news/2009/apr/160409-Mumbai-News-RapedAmerican-student-date-drug-CafeXO-Tata-Institute-of-Social-Sciences.htm, Anon,
Party pics boomerangon TISS rape victim , 04 .05.09, Available at
http://www.mumbaimirror.com/index.aspx?
page=articleid=15&contentid=2009050420090504031227495d8b4e80f [Last
Accessed 11/10/14]
11Crl.Misc.(Main) 3938/2003
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The 200th report of the Law Commission dealt with the issue of Trial by
media: Free Speech vs Fair Trial under Criminal Procedure. The
report, focussed on the pre-judicial coverage of a crime, accused and
suspects, and how it impacts the administration of justice. The Contempt of
Courts Act, under section 2 defines criminal contempt as:
"the publication, (whether by words, spoken or written or by signs, or by
visible representations, or otherwise), of any matter or the doing of any
other act whatsoever which
(i)
(ii) prejudices or interferes or tends to interfere with the due course
of any judicial proceedings; or
(iii) interferes or tends to interfere with or obstructs or tends to obstruct,
the administration of justice in any manner."
Section 3(1) of the Act exempts any publication and distribution of
publication, "if the publisher had no reasonable grounds for believing that
the proceeding was pending. In the event, the person is unaware of the
pendency, any publication (whether by words spoken or written or signs or
visible representations) interferes or tends to interfere with or obstructs
the course of justice in connection with any civil or criminal proceeding
pending at the time of publication, if at that time he had no reasonable
grounds for believing that the proceeding was pending." The report
emphasizes that publications during the pre-trial stage by the media could
affect the rights of the accused. An evaluation of the accuseds character is
likely to affect or prejudice a fair trial.
If the suspects pictures are shown in the media, identification parades of
the accused conducted under Code of Civil Procedure would be prejudiced.
Under Contempt of Court Act, publications that interfere with the
administration of justice amount to contempt. Further, the principles of
natural justice emphasise fair trial and the presumption of innocence until
proven guilty. The rights of an accused are protected under Article 21 of
the Constitution, which guarantees the right to fair trial. This protects the
accused from the over-zealous media glare which can prejudice the case.
Although, in recent times the media has failed to observe restraint in
covering high-profile murder cases, much of which has been hailed as
medias success in ensuring justice to the common man.
The Apex Court observed that the freedom of speech has to be carefully and
cautiously used to avoid interference in the administration of justice. If trial
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by media hampers fair investigation and prejudices the right of defence of

the accused it would amount to travesty of justice. The Court remarked that
the media should not act as an agency of the court.
The Court, commented, "Presumption of innocence of an accused is a legal
presumption and should not be destroyed at the very threshold through the
process of media trial and that too when the investigation is pending."
Conclusion
The right to privacy in India has failed to acquire the status of an absolute
right. The right in comparison to other competing rights, like, the right to
freedom of speech & expression, the right of the State to impose
restrictions on account of safety and security of the State, and the right to
information, is easily relinquished. The exceptions to the right to privacy,
such as, overriding public interest, safety and security of the State, apply in
most countries. Nonetheless, as the paper demonstrates, unwarranted
invasion of privacy by the media is widespread. For instance, in the UK,
Sweden, France and Netherlands, the right to photograph a person or
retouching of any picture is prohibited unlike, in India where press
photographers do not expressly seek consent of the person being
photographed, if he/she is in a public space. In France, not only is the
publication of information is prohibited on account of the right to privacy,
but the method in which the information is procured also falls within the
purview of the right to privacy and could be violative. This includes
information or photograph taken in both public and private spaces. Privacy
within public spaces is recognised, especially, where there is reasonable
expectation of privacy. The Indian norms or code of ethics in journalism fail
to make such a distinction between public and private space. Nor do the
guidelines impose any restrictions on photographing an individual without
seeking express consent of the individual.
The Indian media violates privacy in day-to-day reporting, like overlooking
the issue of privacy to satisfy morbid curiosity. The PCI norms prohibit such
reporting, unless it is outweighed by genuine overriding public interest.
Almost all the above countries prohibit publication of details that would hurt
the feelings of the victim or his/her family. Unlike the UK, where the PCC
can pass desist orders, in India the family and/or relatives of the victims are
hounded by the media.

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In India, the right to privacy is not a positive right. It comes into effect only
in the event of a violation. The law on privacy in India has primarily evolved
through judicial intervention. It has failed to keep pace with the
technological advancement and the burgeoning of the 24/7 media news
channels. The prevalent right to privacy is easily compromised for other
competing rights of public good, public interest and State security,
much of what constitutes public interest or what is private is left to the
discretion of the media.

Sting Operations In India

Sting Operations are accepted with a view to look into the working of the
govt. or to see whether the acts of any person is against the public order.
On the basis of the motive Sting Operations can be classified as positive and
negative. Positive Sting Operation is one which results in the favour of the
society, which penetrates the veils of the working of the government. It is
carried out in the public interest. Due to positive sting operation society is
benefited because it makes government answerable and accountable. It
leads to the translucency in the government. On the other hand negative
sting operations do not favour the society, but they do harm the society and
its individuals. It unnecessarily contravenes the privacy of the person
without any beneficial results to the society. These types of Sting operations
if allowed then it will hamper the freedom of the individuals and infringe
their rights. Here are some examples which we can distinguish as positive
and negative sting operations.

MEDIA LAWS IN INDIA

Historical Perspective of Mass Media Laws
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Mass Media laws in India have a long history and are deeply rooted in the
countrys colonial experience under British rule. The earliest regulatory
measures can be traced back to 1799 when Lord Wellesley promulgated the
Press Regulations, which had the effect of imposing pre-censorship on an
infant newspaper publishing industry. The onset of 1835 saw the
promulgation of the Press Act, which undid most of, the repressive features
of earlier legislations on the subject.
Thereafter on 18th June 1857, the government passed the Gagging Act,
which among various other things, introduced compulsory licensing for the
owning or running of printing presses; empowered the government to
prohibit the publication or circulation of any newspaper, book or other
printed material and banned the publication or dissemination of statements
or news stories which had a tendency to cause a furore against the
government, thereby weakening its authority.
Then followed the Press and Registration of Books Act in 1867 and which
continues to remain in force till date. Governor General Lord Lytton
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. In
1908, Lord Minto promulgated the Newspapers (Incitement to Offences)
Act, 1908 which authorized local authorities to take action against the
editor of any newspaper that published matter deemed to constitute an
incitement to rebellion.
However, the most significant day in the history of Media Regulations was
the 26th of January 1950 the day on which the Constitution was brought
into force. The colonial experience of the Indians made them realise the
crucial significance of the Freedom of Press. Such freedom was therefore
incorporated in the Constitution; to empower the Press to disseminate
knowledge to the masses and the Constituent Assembly thus, decided to
safeguard this Freedom of Press as a fundamental right. Although, the
Indian Constitution does not expressly mention the liberty of the press, it is
evident that the liberty of the press is included in the freedom of speech and
expression under Article 19(1)(a). [1] It is however pertinent to mention
that, such freedom is not absolute but is qualified by certain clearly defined
limitations under Article 19(2) in the interests of the public.
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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[2]:
Thus, although the freedom of the press is guaranteed as a fundamental
right, it is necessary for us to deal with the various laws governing the
different areas of media so as to appreciate the vast expanse of media laws.

The Press and Registration of Books Act, 1867 This Act regulates
printing presses and newspapers and makes registration with an appointed
Authority compulsory for all printing presses.
The Press (Objectionable Matters) Act, 1951 This enactment provides
against the printing and publication of incitement to crime and other
objectionable matters.
The Newspaper (Prices and Pages) Act, 1956 This statute 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 v/s Union of India.12In this case, the Daily
Newspapers (Price and Control) Order, 1960, which fixed a minimum price
and number of pages, which a newspaper is entitled to publish, was
challenged as unconstitutional. The State justified the law as a reasonable
restriction on a business activity of a citizen. The Supreme Court struck
down the Order rejecting the States argument. The Court opined that, the
right of freedom of speech and expression couldnt be taken away with the
object of placing restrictions on the business activity of the citizens.
Freedom of speech can be restricted only on the grounds mentioned in
clause (2) of Article 19.
Defence of India Act, 1962 This Act came into force during the
Emergency proclaimed in 1962. This Act aimed at restricting the Freedom
12AIR 1962 SC 305
17

Of The Press to a large extent keeping in mind the unrest prevailing in India
in lieu of the war against China. The Act empowered the Central
Government to issue rules with regard to prohibition of publication or
communication prejudicial to the civil Defence/military operations,
prevention of prejudicial reports and prohibition of printing or publishing
any matter in any newspaper.
Delivery of Books and Newspapers (Public Libraries) Act, 1954
According to this Act, the publishers of books and newspapers are required
to deliver, free of cost, a copy of every published book to the National
Library at Calcutta and one copy each to three other public libraries
specified by the Central Government.
The Working Journalists and other Newspaper Employees
(Conditions of Service and Miscellaneous Provisions) Act, 1955 It
lays down the minimum standards of service conditions for newspaper
employees and journalists.
Civil Defence Act, 1968 - It 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 Under this Act, the Press Council was
reconstituted (after 1976) to maintain and improve 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
publications of the proceedings in Parliament. In the famous Searchlight
Case,13the Supreme Court held that, the publication by a newspaper of
certain parts of the speech of members in the House, which were ordered to
be expunged by the Speaker constituted a breach of privilege.
Due to the restrictive scope of this Article, it is not possible for us to delve
into all the other statutes; however, a few of the legislations, which are
worth mentioning are the Contempt of Courts Act, 1971 and The Official
Secrets Act, 1923.

13AIR 1962 SC 305

18

Broadcast
The broadcast media was under complete monopoly of the Government of
India. Private organizations were involved only in commercial advertising
and sponsorships of programmes. However, in Secretary, Ministry of I&B
v. CAB,14the Supreme Court clearly differed from the aforementioned
monopolistic approach and emphasized that, every citizen has a right to
telecast and broadcast to the viewers/listeners any important event through
electronic media, television or radio and also provided that the Government
had no monopoly over such electronic media as such monopolistic power of
the Government was not mentioned anywhere in the Constitution or in any
other law prevailing in the country.
This judgment, thus, brought about a great change in the position prevailing
in the broadcast media, and such sector became open to the citizens.
The Broadcasting Code, adopted by the Fourth Asian Broadcasting
Conference in 1962 listing certain cardinal principles to be followed buy the
electronic media, is of prime importance so far as laws governing broadcast
medium are concerned. Although, the Broadcast Code was chiefly set up to
govern the All India Radio, the following cardinal principles have ideally
been practiced by all Broadcasting and Television Organization; viz: 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 international
understanding
To treat controversial public issues in an impartial and dispassionate
manner
To respect human rights and dignity
Cable Television Networks (Regulation) Act, 1995 basically regulates the
operation of Cable Television in the territory of India and regulates the
subscription rates and the total number of total subscribers receiving
14(1995) 2 SCC 161
19

programmes transmitted in the basic tier. In pursuance of the Cable

Television Network (Regulation) (Amendment) Bill, 2002, the Central
Government may 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 may also
specify the number of free to air channels to be included in the package of
channels forming the basic service tier.
Direct-to-Home Broadcasting Direct-to-Home (DTH) Broadcasting
Service, refers to distribution of multi-channel TV programmes in Ku Band
by using a satellite system and by providing TV signals directly to the
subscribers premises without passing through an intermediary such as a
cable operator. The Union Government has decided to permit Direct-toHome TV service in Ku band in India.
Film - India is one of the largest producers of motion pictures in the world.
Encompassing three major spheres of activity production, distribution and
exhibition, the industry has an all-India spread, employing thousands of
people and entertaining millions each year. The various laws in force
regulating the making and screening of films are: The Cinematograph Act, 1952
The Cinematograph Act of 1952 has been passed to make provisions for a
certification of cinematographed films for exhibitions by means of
Cinematograph. Under this Act, a Board of Film Censors (now renamed
Central Board of Film Certification) with advisory panels at regional centres
is empowered to examine every film and sanction it whether for
unrestricted exhibition or for exhibition restricted to adults. The Board is
also empowered to refuse to sanction a film for public exhibition.
In K. A. Abbas v. Union of India,15the petitioner for the first time
challenged the validity of censorship as violative of his fundamental right of
speech and expression. The Supreme Court however observed that, precensorship 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
15AIR 1971 SC 481
20

categories A (for adults only) and U (for all) was brought about[9].
Furthermore, in Bobby Art International v. Om Pal Singh Hoon,16the
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.
The Copyright Act, 1957
According to this Act, copyright means the exclusive right to commercially
exploit the original literary, dramatic, artistic, musical work, sound
recordings or cinematographic films as per the wishes of the owner of
copyright subject to the restrictions imposed in the Act.
Although this Act, is applicable to all the branches of media, in some areas
it is specific to this particular genre. In the case of a Cinematographed film,
to do or to authorise the doing of any of the following acts would lead to the
infringement of copyright. Those acts are namely: To make a copy of the film
To cause the film, in so far, as it consists of visual images, to be seen in
public and in so far as it consists of sounds to be heard in public
To make any record embodying the recording in any part of the soundtrack
associated with the film by utilizing such sound track
To communicate the film by radio-diffusion
The Act also makes it a cognizable offence for anyone to sell, hire,
distribute, exhibit, possess or view any unauthorised recordings and
prescribes severe penalties, including imprisonment, fines as well as
confiscation of the equipment used for the purpose of such recording and
exhibition. The Amendments to The Copyright Act also prohibit
unauthorized transmission of films on the cable television.
Cine Workers and Cinema Theatre Workers (Regulation of
Employment) Act, 1981
This legislation affords a measure of protection to those employed in the
industry by imposing certain obligations on motion picture producers and
theatre owners concerning the formers condition of service.
16(1996) 4 SCC 1
21

Cine Workers Welfare Cess Act, 1981 and the Cine Workers Welfare
Fund Act 1981
They seek to create means of financial support to cine employees, the
seasonal and unpredictable nature of whose employment often leaves them
impoverished and helpless. Besides these, there are also a few local
legislations, which affect the film medium; viz.

The Bombay Police Act, 1951

It contains provisions empowering the police to regulate the exhibition of
films in the state of Maharashtra (formerly Bombay).
Bombay Cinemas (Regulation) Act, 1953
It provides a scheme for state licensing of cinema theatres and other places
where motion pictures are exhibited
The Bombay Entertainments Duty Act, 1923
It imposes a tax on the public exhibition of motion pictures and other forms
of entertainment.

Advertising
Advertising communication is a mix of arts and facts subservient to ethical
principles. In order to be consumer-oriented, advertisement will have to be
truthful and ethical. It should not mislead the consumer. If it so happens,
the credibility is lost.
In order to enforce an ethical regulating code, the Advertising Standards
Council of India was set up. Inspired by a similar code of the Advertising
Standards Authority (ASA) UK, ASCI follows the following basic guidelines
in order to achieve the acceptance of fair advertising practices in the
interest of the consumer: 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
22

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 places and canons
of generally accepted competitive behaviour in business are both served.
Few Complaints filed with ASCI
1. HLLs Clinic All Clear Dandruff shampoo claimed that it had ZPTO,
the special ingredient in Clinic All Clear that stops dandruff. This
claim was found to be untrue since ZPTO is a micro biocide, when in
reality, dandruff is known to be caused by several other factors,
besides, microbes. HLLs multi-crore research wing clearly
overlooked this aspect. The advertisement has been withdrawn.
2. Novartis India claimed that their disposable contact lenses ensure
there is no protein build-up. This claim was found to be totally false.
The truth is that build up is a natural biological phenomenon with all
contact lenses. The ad was discontinued.
The other legislations affecting the area of advertising are: Drug and Magic Remedies (Objectionable Advertisement) Act, 1954
This Act has been enacted to control the advertisements of drugs in certain
cases and to prohibit the advertisement for certain purposes of remedies
alleged to possess magic qualities and to provide for matters connected
therewith.
In HamdardDawakhana v. Union of India17 the Supreme Court was faced
with the question as to whether the Drug and Magic Remedies Act, which
put restrictions on the advertisements of drugs in certain cases and
prohibited advertisements of drugs having magic qualities for curing
diseases, was valid as it curbed the freedom of speech and expression of a
person by imposing restrictions on advertisements. The Supreme Court held
that, an advertisement is no doubt a form of speech and expression but
every advertisement is not a matter dealing with the expression of ideas and
17AIR 1960 SC 554
23

hence advertisement of a commercial nature cannot fall within the concept

of Article 19(1)(a).
However, in Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd,18a
three judge 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 regarding the product. The Court, however, made it clear that
the government could regulate commercial advertisements, which are
deceptive, unfair, misleading and untruthful.
Monopolies and Restrictive Trade Practices Act, 1969
Section 36 A of the Act deals with 5 major Unfair Trade Practices: 1. Any misleading, false, and wrong representation either in writing (i.e. in
advertisements, warranty, guarantee etc.) or oral (at the time of sale) actual
or intended, even if actual injury or loss is not caused to the
consumer/buyer constitutes as unfair trade practices;
2. Sales, where there is element of deception;
3. All business promotion schemes announcing free gifts, contests, etc.
where any element of deception is involved;
4. Violation of laws existing for protection of consumers;
5. Manipulating sales with a view to raising prices.
Parles mango drink Maaza gave the advertisement of Maaza mango and
the MRTP issued a notice against Parle Exports Pvt. Ltd. The advertisement
implied that the soft drink was prepared from fresh mango while actually
preservatives were added to it. The company had to suspend production
pending enquiry.

MEDIA SECTOR ANALYSIS REPORT:

Indian media and entertainment industry is expected to grow at an annual
average growth rate of 18% to touch Rs 2245 bn by 2017 (Source: CII-PwC
2013 report). The industry comprises of print, electronic, radio, internet and
outdoor segments. With the government aggressively pushing in for
digitization of TV, Multi System Cable Operators (MSOs) are expected to
lose 15-20% of their subscribers to DTH (direct-to-home) services.
18(1995) 5 SCC 139
24

Digitization will facilitate increased number of channels and high quality

viewing. The Information and Broadcasting (I&B) ministry has already
completed the second phase of digitization, which involved digitizing 16m
cable TV houses in 38 cities by April 1, 2013. It aims to complete the third
phase of digitization which includes all other urban areas (municipal
corporations/ municipalities) by September 30, 2014. The rest of the
country is likely to be covered by December 2014 under Phase four of
digitization. The digital subscribers are expected to outdo the analog
subscribers by 2013-14.
The players in the electronic media can be classified into a three-link chain.
First are the studios (including the animation studios), which comprise the
hardware part of the industry, the second are the content providers and the
third link comprises the distribution trolleys, which include the cable and
satellite channels, multiplex theatres, MSOs and the DTH players.
In India, the ratio of advertising expenditure to GDP is less than 1%. This is
substantially lower in comparison to the developed economies as well as
other developing economies. Interestingly, Print and TV media contribute
over 75% of the advertisement spend in a year. As the Indian economy
continues to develop and the media reach increases, the advertising
expenditure to GDP ratio is expected to increase over the next 5 years.
INDIAN MEDIA FACE GROWING FACE CALL FOR REGULATION
The rapid growth of revenue-hungry Indian media and
recent scandals involving news outlets have prompted growing calls for
external regulation, raising concerns about independence of the press.
In May, a parliamentary committee argued for the creation of a statutory
body to control the print and electronic media. And in April, the Delhi High
Court--in a case prompted by reality television--rejected the idea of selfregulation and recommended the central government form a statutory body
to regulate the electronic media. "Absence of state intervention on its own
is no guarantee of a rich media environment," a bench headed by Justice
Pradeep Nandrajog said.
MarkandeyKatju, chairman of the Press Council of India, a statutory body
that governs the conduct of the print media, has expanded on such
calls, pressing for electronic media to be brought under the purview of the
Council. In a column that appeared in The Hindu he wrote, "If red lines can
be drawn for the legal and medical professions, why should it be any
different for profit-making newspapers and TV channels?"
The calls for regulation follow controversy over the widespread practice
of paid news--essentially "advertorials" giving favorable coverage to an
individual or issue in exchange for advertising revenue. The recent arrests
25

of senior editors at Zee News for allegedly attempting to extort a whopping

18 million dollars in advertisements in exchange for not airing unfavorable
news reports on a top industrialist and politician have added fire to the
debate. Zee editors have denied the allegations, and the matter is in
litigation.
While many journalists in India accept that the industry's standards are
falling, the growing calls for external regulation raise many questions.
GeetaSeshu, consulting editor for The Hoot, a South Asian media watchdog
group, agrees that it is time to address maladies in the media. "It is
definitely the need of the hour, especially with a media that has grown
untrammeled, has covered itself in the most inglorious manner with
corruption, paid news, sensationalism, and violations of privacy and suffers
little scrutiny in terms of ownership, working conditions, and professional
practices in newsrooms," Seshu told CPJ. "The question is, as always, who
will bell the cat?"
Last year, Member of Parliament Meenakshi Natarajan tried to introduce
the Print and Electronic Media Standards and Regulation Bill, 2012, which
would have given the government sweeping powers over the media,
including ability to ban or suspend coverage of an event in the interest of
national security. The bill would have also created a regulatory body largely
appointed by the government. Natarajan's bill has been shelved in response
to a media outcry.
India's vibrant media landscape includes close to 650 television channels,
more than 2,000 publications, and more than 30 FM radio operators
running 245 stations. As the country's press continues on this trajectory of
expansion, calls for regulation will continue to echo.
Any form of regulation that compromises the independence of the media has
no place in the world's largest democracy. Not only would it curb press
freedom in India, but moves infringing on independence of the media
are closely watched by repressive regimes. India must tread carefully, as
what happens there will have far-reaching ripples elsewhere.

IMPACT OF GLOBALISATION ON INDIAN MEDIA

Not too long ago, our frames of references would be the accumulation of
imaginations sourced from observations, myths, oral or written exchanges
of fables, rational and scientific behaviours of experimentation and thinking.
But globalization, particularly in India, extended our frames of reference.
Extraordinarily.

26

Since independence, many doors to broader communication opportunities

opened in India generating better awareness levels among Indians. Owing
largely to this, foreign companies have forayed in India recognising it as an
important MARKET with great potential for future growth. And media in
globalized India has played a significant role in this for without it the
country could be viewed as ungainly. The impact of globalization on Indian
media has been successful in truly revolutionizing the world of print, news,
TV, radio & Internet. The trend is likely to continue in all emerging forms of
new media.
To begin with, globalization has helped journalists network better and faster
so that they can play their traditional role of educating masses about
politics, sports, celebrities and important international events. Plus, an
extensive coverage of world print can be read on home grounds (and viceversa) only because of globalization. It has enabled readers shape thoughts
about this world and empowers them to be the change. The case of social
activist Anna Hazare, who went on a hunger strike, is a stellar example. Not
just here, but Indians living abroad also could support the elderly Gandhian
to fight against corruption and pledge their support for a better Lokpal Bill.
Even the advent of radio and television has enhanced in multiple ways due
to globalization. For so long, radio is being used as a medium to educate
illiterate people, help during traffic jams, floods, etc. But now with world
radio, it has graduated to offering so much more to listeners and music
enthusiasts! Same goes for television; be it the rich or the poor, no
household in India is devoid of this device. A source of great information
and entertainment, it is television that made the middleclass Indian
conscious about western lifestyles and cultures. In time, Indian audiences
learned to embrace Western concepts that worked best for them. Popular
lifestyle-based shows like The Oprah Winfrey show, FRIENDS, The
Simpsons are not alien to Indian viewers anymore. The television industry
has advanced so greatly that audiences in India contribute considerably to
the TRPs of world events (e.g. the recent Royal Wedding in London last
year)
Just when we thought that the world had really come close, the Internet
showed us further possibilities. Indians now seek information from Google,
the best innovation of our time. The Internet gives you the chance to be
exactly what you desire to be or do at that very moment. If you thought that
at some point in history, you were a freak, Facebook could introduce you to
people who are exactly like you. Finding jobs (even abroad) has gotten
easier for Indians with LinkedIn. Even matrimony (think shaadi.com)!
Globalization in India has got us close to an audience in the far distance
that is anonymous yet very intimately acquainted.

27

Conclusion:
The media has the power of educating people, the good and the bad. Since
it affect the eyes, the ears and the mind simultaneously nothing can
overcome the influence of the media. The media in the advanced society
should perform a noble mission of enlightening people and discourage
sectarian, communal and divisive trends. I believe,if the media identifies its
responsibility and work sincerely and honestly ,then it can serve as a great
force in building the nation. The media plays an essential role in a
democratic society. It acts as the 4th institute outside the Government .
Sting operations are methods of exposing information. Although, the Indian
Constitution does not clearly acknowledge the liberty of the press, it is
obvious that the liberty of the press is included in the freedom of speech
and expression under Article 19(1) (a). Freedom of press is a special right
under art. 19(1) (a) of the Constitution of India, 1950 but it has certain
restrictions. The democratic qualities are judged by the degree of freedom
the media enjoys in a particular state. Further the media has a right to
transmit the information to public. Freedom of speech includes freedom to
communicate, advertise, publish or propagate ideas and the circulating the
information. Furthermore Art. 19(1) also includes within itself right to
receive information about any event, happening or incident etc. The
28

purpose of journalism has to be public interest.

In S.P. Gupta v. Union of India, the court said that no democratic
government can exist without accountability and answerability and the
basic postulate of accountability and responsibility is that people should
have the information about how the government works.19

19AIR 1982 SC 149

29