NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES

5 YEAR B.A. LL.B. (Hons) Degree (Credit & Semester)

COURSE OUTLINE

Name of the Course: Media and Telecommunications Law

Nature of Course & Credits: Elective Course; 4 Credits

Semester: VIII (2014 Admission batch)

Course Teacher: Dr. Jacob Joseph, Assistant Professor, NUALS

Scope of the course

The course explores the law and regulatory framework relevant to the Press,
Cinema, Broadcasting and Telecommunication sector in India. The course
also introduces the students to the regulatory institutions related to the press,
cinema, broadcasting and telecommunications sector currently in place in
India. It provides insights into the theoretical justification for the protection
of free speech. It examines how free speech has been applied in new contexts
and how it has been enforced particularly by the courts in India. The spectrum
of themes covered in this course ranges from issues of constitutional freedoms
to questions of censorship, contempt of court, obscenity, privacy, defamation,
parliamentary privileges, advertising, right to information, satellite terrestrial
and cable broadcasting as well as telecommunications.

Objectives

At the end of the course it is expected that the students will be able to:

• Understand the normative content of the freedom of speech and

Expression.

 Develop a critical and broad perspective on the relevant debates

concerning free speech at the national and international level.
  Study and critically evaluate the complex intersections between
freedom of speech and expression and law relating to contempt of court,
defamation, sedition, obscenity and privacy.

 Recognise the existing deficiencies of the national legal and regulatory

framework in the domains of the press, cinema, broadcasting and
telecommunications sector.

 Develop subject specific abilities relating to the capacity for abstraction,

deduction, critical analysis, the systematic retrieval of legal materials,
reasoning and investigation.

IMPORTANT GUIDELINES FOR STUDENTS

This is a “4 Credit Core Course” which every student should compulsorily

undergo. The timings of the classes will be as notified by the University in the
official timetable.

SYLLABUS

The syllabus of the course is provided in Annexure I to the Course Outline.

Classroom teaching and interactions will revolve around the framework of the
syllabus as provided in Annexure.

READING MATERIALS

The Readings for the course are given in Annexure – 1. Supplementary

Lists of Further Readings will be provided by the teacher from time to time.
The reading materials suggested by the teacher would be available for
reference in the NUALS Library. If the student finds it difficult to locate it he
shall meet the teacher and seek his guidance.
TEACHING METHODS

The courses will be taught intensively, using a combination of lectures,

class discussions and student presentations.

All students are expected to complete on time the reading assignments

fixed for a particular day. Active participation in the class room discussions
is mandatory.

The highest level of discipline and punctuality is expected of the students.

They shall be on time for the classroom lectures and conduct themselves in
an appropriate manner.

OTHER FEATURES OF THE COURSE

Since this is a 4-credit course the performance of a student shall be

assessed out of a total of 100 (hundred) marks of which 50% shall be assessed
by way of Continuous Assessment (CA) and remaining 50% shall be assessed
by way of the End Semester Examination (ESA) conducted by the University.

CONTINUOUS ASSESSMENT

The allocation of marks for each component under continuous assessment

shall be in the following proportion:

Attendance 5 Marks

Internal Assessment Test (Average of 15 Marks

Best Three)

Preparation of Assignment/s 15 Marks

Presentation / Viva – Voce 10 Marks

Class Participation & Discipline 5 Marks

Total 50 Marks
 The attendance shall be marked and assessed in accordance with the
NUALS Deemed Attendance Rules.

The requirements specified in the NUALS Deemed Attendance Rules shall

be complied with by the students

WRITTEN TESTS (CONTINUOUS ASSESSMENT)

There shall be a minimum of three written tests (closed book / open

book) during the entire duration of the course. Attendance for the tests is
compulsory. If time permits the teacher may conduct more than three written
tests. At the end of the course, the marks obtained in the written tests will be
calculated out of 15 marks. If the teacher conducts more than three written
tests the average of the best three scores will be taken to calculate the marks
scored by the candidate in the ‘Written Test’ component of Continuous
Assessment.

ASSIGNMENTS (CONTINUOUS ASSESSMENT)

The students will be required to prepare and submit written

assignments on various topics throughout the semester. A minimum of five
assignments will be allotted from time to time. Students are required to refer
authentic and standard materials including books, research papers published
in law journals in the context of the preparation of assignments. Since the
assignments are written the students shall use endnotes for the purpose of
acknowledging the sources which they have relied upon. The end notes may
be prepared using any of the legal citation styles.

Plagiarism is prohibited. If plagiarism is detected the students

shall be required to resubmit the assignment. All relevant sources of
information should be explored and properly acknowledged in the work. This
includes all sources from which you derive ideas, analyses or leads, and not
simply sources you quote or paraphrase.

The written assignments (altogether) shall be assessed out of 10 marks.

The average of the marks secured in the five assignments will be taken to
calculate the marks under the ‘assignment component’. If more than five
assignments are allotted the average of the best five scores will be taken.

While evaluating the assignments weightage shall be given to (1) content;

(2) scope of research; (3) footnoting and formatting;(4) style of writing.

PRESENTATIONS

The students shall be required to make presentations on select judgments

/ topics in the class room. The students are encouraged to use PPTs for the
presentations. The presentations shall be assessed out of 10 marks.

Apart from the formal presentations based on allocated judgments / topics

the teacher may require the students to make presentations on a particular
topic in the class room. In such a scenario the students are required to
volunteer to make the presentation. The response of the students and the
quality of the presentations will be a vital factor while allotting the marks for
class participation. The students are also required to come well prepared by
reading the materials recommended for a particular class. The involvement of
the students in the class room deliberations and their response to questions
shall also be factored in while allocating marks under the ‘class participation’
component.

USE OF LIBRARY

Students are required to effectively utilise the library resources. The

reading list supplied by the teacher is only an indicative one and is not the
ultimate. The students are expected to put in independent efforts and identify
and locate additional reading materials. The effort put in by the students in
library work including completion of reading assignments on time will be
highly appreciated.
 Annexure – I

MEDIA AND TELECOMMUNICATION LAW

1. History of Communication Systems - Individualistic and Societal Functions

of Communication Systems - Liberty of Press – Historical Perspectives -
Arguments in favour of Free Speech Principle - Freedom of Speech –
International Perspectives - Role of Media in a Democratic Society.

2. Media Legislations in the pre-constitutional period - Constitutional Status

of the Media - Facets of ‘Freedom of Speech and Expression’ guaranteed under
Article 19(1) (a) – Judicial interpretations - Restrictions on the Freedom of
Speech and Expression - Media and the Legislature - Media and Courts –
Media and the laws of Obscenity and Defamation – Media and the Electoral
Process – Communications Privacy and Constitutional and Legal Dimensions
of Electronic Surveillance.

3. Rights, duties and liabilities of printers, editors and publishers; Working

condition of journalists and other newspaper employees; Press Council of
India – powers, functions and responsibilities; Copyright Issues in the Media
Sector; Taxation and the Media; Media and the Law of Competition; Disclosure
of Sources of Information – Legal Perspectives. Journalistic Ethics; Right to
information – Constitutional and statutory perspectives; Legal control of
advertisements; Legal control of cinema – censorship and licensing issues.

4. History of Broadcasting in India – Regulatory Framework for Terrestrial,

Satellite and Cable Broadcasting - Public Service Broadcasting in India –
Socio-Legal Perspective – Legal Framework Relating to Uplinking and
Downlinking of Television Signals – Content Restrictions in Communications
– Framework for Tariff Regulation in Broadcasting Sector – Role of the Telecom
Regulatory Authority of India (TRAI) and Telecom Dispute Settlement and
Appellate Authority (TDSAT) in the broadcasting sector.

5. Historical Development of the Telecommunication Sector in India – Legal

Framework Relating to Telecommunication Services – Licenses for
Communication Services – Statutory Framework for Licenses – Legal and
Policy Considerations in Issuing Licenses – Regulatory Framework for
Spectrum Management – Legal Framework for Unified Access Service, Cellular
& Mobile Service, Fixed & Limited Mobility Service –Regulatory Framework
relating to Interconnection Arrangements – Framework for Tariff Regulation
in the Telecommunication Sector – Regulation of Numbers – Mobile Number
Portability – Legal Framework for Installing and Maintaining
Telecommunication Infrastructure – Statutory Framework for Universal
Service Obligations – Powers and Functions of TRAI & Telecom Dispute
Settlement and Appellate Tribunal (TDSAT) – convergence of Technologies –
Response of the Indian Legal System.
Suggested Readings

 Eric Barendt, Freedom of Speech, Oxford University Press (2007).

 Vikram Raghavan, Telecommunications Law in India, Lexis Nexis,

Butterworths

 Madhavi Goradia Divan, Facets of Media Law, Eastern Book

Company, Lucknow (2015).

 Gautham Bhatia, Offend, Shock or Disturb: Free Speech Under the

Indian Constitution, Oxford University Press (2016).

 R. N. Choudhry & S. P. Singh, Law Relating to Telecommunications &

Braodcasting, Orient Publishing Co. (4th Edn., 2010) [2011 Reprint].

 Granville Austin, Indian Constitution: The Cornerstone of a Nation,

Oxford University Press (1966).

 D.D. Basu, Law of the Press, Butterworths (5th edn., 2010) [ Revised by
Hon’ble Justice B.P. Banerjee]

 H.M. Seervai, Constitutional Law of India: A Critical Commentary, N.M.

Tripathy, Mumbai (1993-1997).

 B. Shiva Rao, The Framing of India’s Constitution: Select Documents,

Universal Law Publishing Company Pvt. Ltd., Delhi (2012).

 Sebastian Paul, Forbidden Zones, Pranatha Books (2005).

 Rajeev Dhavan, Publish And Be Damned: Censorship and Intolerance in

India, Tulika Books, New Delhi (2008).

 Rishika Taneja & Sidhant Kumar, Privacy Law: Principles, Injunctions

and Compensation, Eastern Book Company, Lucknow ( 2014).

 Official documents of the Ministry of I&B, Press Council of India,

Telecom Regulatory Authority of India (TRAI) and Telecom Dispute
Settlement and Appellate Authority (TDSAT).

 Relevant reports of the Law Commission of India.

 Relevant Statutes.

 Judgments allocated by the teacher from time to time.

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