UNIT III

Media Laws
Prashanth V

Media Laws
Mass Media systems of the world vary from each other according to the
economy, polity, religion and culture of different societies.
Press is free but subject to certain reasonable restrictions imposed by the
Constitution of India, 1950, as amended ("Constitution").
Before the impact of globalization was felt, the mass media was wholly
controlled by the government, which let the media project only what the
government wanted the public to see and in a way in which it wanted the public
to see it.
However, with the onset of globalization and privatization, the situation has
undergone a humongous change.

Media Laws
Before the invention of communication satellites, communication was
mainly in the form of national media, both public and private, in India and
abroad.

Then came 'transnational media' with the progress of communication

technologies like Satellite delivery and ISDN (Integrated Services Digital
Network), the outcome: local TV, global films and global information
systems.
In such an era of media upsurge, it becomes an absolute necessity to
impose certain legal checks and bounds on transmission and
communication In the due course of this article, we would discuss the
various aspects of media and the relevant legal checks and bounds
governing them.

Historical Perspective of Mass Media Laws

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
(uproar) against the government, thereby weakening its authority.

Historical Perspective of Mass Media Laws

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 (rebellious) 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.

These Laws are followed to with a objective of

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

Introduction
The courts of India have given little actual protection to the
journalists who regularly put their lives and reputations on the line
to provide the public with current and relevant information.
Instead, in almost every instance a journalist or his editor must risk
the wrath (anger) of the courts whenever they publish on sensitive
issues, which, of course, are often the instances when such
information is most necessary to informing the public.

It is with this journalists dilemma it is hoped that the below rule

aspects here will inform them of the general parameters set by
precedent and statute.

OBSCENITY
Freedom of speech in India is protected by Article 19(1)(a) of the Constitution.
However, this right is not absolute and is subject to reasonable restrictions in
the interests of, amongst other things, decency or morality under Article
19(2)(a).
I think the test of obscenity is this, whether the tendency of the matter
charged as obscenity is to deprave and corrupt those whose minds are open
to such immoral influences, and into whose hands a publication of this sort
may fall it is quite certain that it would suggest to the minds of the young of
either sex, or even to persons of more advanced years, thoughts of a most
impure and libidinous character.

INDIAN PENAL CODE, 1860 -Section 292

A book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall
be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or
(where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a
whole, such as to tend to deprave and corrupt persons, who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in it.

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for
purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his
possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any
other obscene object whatsoever; or

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing
or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited
or in any manner put into circulation; or

(c) takes part in or receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are for any of the purposes aforesaid, made,
produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put
into circulation; or

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to
engage in any act which is an offence under this section, or that any such obscene object can be
procured from or through any person; or

Offers or attempts to do any act which is an offence

under this section:
Shall be punished on first conviction with imprisonment of
either description for a term which may extend to two years,
and with fine which may extend to two thousand rupees,
and,
In the event of a second or subsequent conviction, with
imprisonment of either description for a term which may
extend to five years, and also with fine which may extend to
five thousand rupees.

Exception This section does not extend to:

(a) any book, pamphlet, paper, writing, drawing, painting,
representation or figure:
(i) 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; or
(ii) which is kept or used bona fide for religious purposes.

Obscenity is not defined

The concept of obscenity would differ from country to country depending on the standards of morals
of contemporary society. What is considered as a place of literature in France may be obscene in
England and what is considered in both countries as not harmful to public order and morals may be
obscene in our country.

But to insist that the standard should always be for the writer to see that the adolescent ought not to
be brought into contact with sex, or that if they read any references to sex in what is written whether
that is the dominant theme or not they would be affected, would be to require authors to write books
only for the adolescent and not for the adults.

In early English writings authors wrote only with unmarried girls in view but society has changed since
then to allow litterateurs and artists to give expressions to their ideas, emotions and objectives with
full freedom except that it should not fall within the definition of obscene, having regard to the
standards of contemporary society in India that are also fast changing.

The adults and adolescents have available to them, a large number of classics, novels, stories and
pieces of literature which have a content of sex, love and romance. if a reference to sex by itself is
considered obscene, no books can be sold except those which are purely religious What we have to
see is that whether a class, not an isolated case, into whose hands the book, article or story falls suffer
in their moral outlook or become depraved by reading it or might have impure and lecherous thought
aroused in their minds.

The charge of obscenity must, therefore, be judged from this aspect. And also strictly monitor by
Censorship .

SEDITION
Sedition (Agitation) and similar offences can be thought of as offences
which are committed against the state and which risk disrupting its
continued existence.
They represent the states efforts to employ the law to maintain public
order and ensure its own security.
The perceived threat to public order may be in the form of books, films,
political speeches or the work of journalists.

The method of dismantling the problem is through the threat of criminal

sanction and various forms of censorship.

There are several areas of the Indian Penal Code which give effect to this
philosophy of using the law to deal with threats to the security of the state.
Most notably, section 124A provides that:

Whoever by words, either spoken or written, or by signs, or by visible representation,

or otherwise, brings or attempts to bring into hatred or contempt, or excites or
attempts to excite disaffection towards the government established by law in India,
shall be punished with imprisonment for life, to which fine may be added, or with
imprisonment which may extend to three years.

Explanation 1 The expression disaffection includes disloyalty and all feelings of

enmity.

Explanation 2 Comments expressing disapprobation of the measures of the

Government with a view to obtain their alteration by lawful means, without exciting
or attempting to excite hatred, contempt or disaffection, do not constitute an offence
under this section.

Explanation 3 Comments expressing disapprobation of the administrative or other

action of the Government without exciting or attempting to excite hatred, contempt
or disaffection, do not constitute an offence under this section.

Cont
Section 153A: Promoting enmity between different groups on grounds of
religion, race, place of birth, residence, language, etc., and doing acts
prejudicial to maintenance of harmony.
(a) newspaper and book have the same meaning as in the Press and
Registration of Books Act, 1867 (25 of 1867)

(b) document includes any painting, drawing or photograph, or other

visible representation.
which never comprises:

(a) security of the State,

(b) friendly relations with foreign States,
(c) public order,
(d) decency or morality, etc

CONTEMPT OF COURTS ACT, 1971

Journalists who criticise the functioning and judgements of the courts may invariably
face the charge of contempt.

Contempt is an archaic legal doctrine inherited from the British Monarchical legal
system that has little place in the functioning of a modern democratic system, but is
nevertheless often employed in India.

Contempt allows a court to issue an order, suo moto (or, of its own accord), to fine and
imprison the object of the order.

This area of law is intended to maintain public order by deterring criticism which may
shake peoples faith in the ability of the courts and the majesty of the law.

However, too often the law of contempt is employed as a method of silencing critics and
activists on the questionable ground that such criticism wounds the integrity and public
respect of the court.

Cont

The great irony in many contempt judgements is how the court will extol the virtues of
judicial restraint and detachment, as well as the importance of democracy and democratic
rights, with one hand and with the other render an order fining and imprisoning a person
proving unmistakably the courts lack of judicial restraint or detachment, and undermining
the rights and democratic principles that it is bound to uphold.

The accused journalist should be aware of the potential arguments that may overcome a
charge of contempt. One should be aware that the contempt jurisdiction is powerful.

While these boundaries are very much blurred and are bent in some circumstances, it is
important to note that not every bad word said about the court will amount to contempt.

the punishment for contempt while serious, is in many ways more symbolic than severe
(although still very much undesirable). The punishment may be imprisonment up to six
months and/or a fine of two thousand rupees. In many of the cases here, the punishment
is significantly less than that, particularly when an apology is offered.

(a) Contempt of court means civil contempt or criminal

contempt.
(b) Civil contempt means willful disobedience to any judgement, decree,
direction, order, writ or other process of a court or willful breach of an
undertaking given to a court.
(c) Criminal contempt means the publication (whether by words, spoken or
written, or by signs, or by visible representation, or otherwise) of any matter
or the doing of any other act whatsoever which:
(i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of,
any court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial
proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.

 Section 3: Innocent publication and distribution of matter not contempt

Section 4:Fair and accurate report of judicial proceeding not contempt

Section 5: Fair criticism of judicial act not contempt

Section 7: Publication of information relating to proceedings in chambers or in
camera not contempt except in certain cases - following cases, that is to say:
(a) where the publication is contrary to the provisions of any enactment for the time being in
force;
(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly
prohibits the publication of all information relating to the proceeding or of information of the
description which is published;
(c) where the court sits in chambers or in camera for reasons connected with public order or the
security of the State, the publication of information relating to those proceedings;
(d) where the information relates to a secret process, discovery or invention which is an issue in
the proceedings.

Defamation: Section 499

Defamation is the publication of words, either spoken or written,
which have the effect of lowering an individual in the estimation of
others or to expose him or her to hatred, contempt or ridicule. The
law in this regard is intended to protect the reputation of
individuals or groups, as opposed to public entities.
In India, defamation exists as both a civil action and a criminal
offence

There are two kinds of defamation: Written and Verbal.

The common law origins of defamation lie in the torts of slander (harmful
statement in a transitory form, especially speech) and libel (harmful statement in a
fixed medium, especially in writing but also a in picture, sign, or electronic
broadcast), each of which gives a common law right of action.
The fundamental distinction between libel and slander lies solely in the form in
which the defamatory matter is published.
If the offending material is published in some fleeting form, as by spoken words or
sounds, sign language, gestures and the like, then this is slander.
If it is published in more durable form, for example, in written words, film, compact
disc (CD), DVD, in virtual space like Internet and the like, then it is considered libel.
In more simple language, verbal defamation is known as slander while written
defamation is known as libel.

Defamation
Libel:
Printed Defamation
(More permanent)
Slander:
Spoken Defamation
(More fleeting)
22

While significant overlap exists, it is important to be aware of the rules and

principles which guide a particular charge or allegation.
Explanation 1 It may amount to defamation to impute anything to a deceased person, if
the imputation (charge) would harm the reputation of that person if living, and is
intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2 It may amount to defamation to make an imputation concerning a
company or an association or collection of persons as such.
Explanation 3 An imputation in the form of an alternative or expressed ironically, may
amount to defamation.
Explanation 4 No imputation is said to harm a persons reputation, unless that
imputation directly or indirectly, in the estimation of others, lowers the moral or
intellectual character of that person, or lowers the character of that person in respect of
his caste or of his calling, or lowers the credit of that person, or causes it to be believed
that the body of that person is in a loath some state, or in a state generally considered as
disgraceful.

Illustrations:

(a) ARam says ZSid is an honest man; he never stole BSweetys watch; in tending to cause it
to be believed that ZSid did steal BSweetys watch. This is defamation, unless it falls within
one of the exceptions.

(b) ARam is asked who stole BSweetys watch. ARam points to ZSid, intending to cause it to
be believed that ZSid stole BSweetys watch. This is defamation, unless it falls within one of
the exceptions.

(c) ARam draws a picture of ZSid running away with BSweetys watch, intending it to be
believed that Zsid stole BSweetys watch. This is defamation, unless it falls within one of the
exceptions.

Cont
The Constitution does not explicitly mention any right of
privacy *However, the] Court has recognised that a right of
personal privacy, or a guarantee of certain areas or zones of
privacy, does exist under the Constitution

These decisions make it clear that only personal rights that

can be deemed fundamental or implicit in the concept of
ordered liberty are included in this guarantee of personal
privacy

Slander

Slander - the action or crime of making a false spoken statement damaging to a person's
reputation.

Slander is the oral communication of false statements that are harmful to a person's
reputation.

If the statements are proven to be true, it is a complete defense to a charge of slander.

Oral opinions that don't contain statements of fact don't constitute slander.

Slander is an act of communication that causes someone to be shamed, ridiculed, held in

contempt, lowered in the estimation of the community, or to lose employment status or
earnings or otherwise suffer a damaged reputation.

Slander is a subcategory of defamation.

Slander of title is a common law tort involving a disparaging remark regarding ownership
of property. It affects the owner's ability to transfer the property, resulting in a monetary
loss.

Cont
The basic elements of a claim of slander include; a defamatory
statement; published to third parties; and which the speaker or
publisher knew or should have known was false.
Slander is primarily covered under state law, but is subject to First
Amendment guarantees of free speech. The scope of constitutional
protection extends to statements of opinion on matters of public
concern that do not contain or imply a provable factual assertion.
If the slander unjustly accused you of a crime or reflected on your
profession, the court or jury can assess the damages. For other
types of slander you generally must prove some actual damage to
be able to recover.

Libel
Libel is a method of defamation expressed by
print, pictures or any other form other than by
spoken words or gestures.

Where Might You Find Potentially Defamatory Statements?

Before we look at a few examples of potentially defamatory statements, lets first think about
places where you could see such statements. These days, the most common places for making
possibly libelous (written) statements are:
letters to the editor of local newspapers
public comments on media (i.e., newspaper or magazine) web sites
blog posts
comments to blog posts, and
internet chat rooms or listservers.
In reality, you wont see too many potentially libelous comments in published written letters to the
editor because editors are generally very careful in screening out such letters. It is on the internet
where people can get into trouble with libel. While some web sites screen posts for inflammatory
or illegal content, the screening systems are not geared to examine every post for libelous content.
Remember that slander is an oral defamatory statement, so those statements can be made
anywhere and to anyone -- as long as it's to a third party, meaning someone other than the person
who is allegedly being defamed. If you tell your best friend something defamatory about person X,
person X could sue you for defamation if he/she could prove that he/she was damaged as a result
of your statement.

Censorship

Definition & meanings

Censorship is the suppression of speech or other
public communication which may be considered:
Objectionable
Harmful
Sensitive

OR
inconvenient to the general body of people as
determined by a government, media outlet, or
other controlling body

WHAT IS CENSORSHIP?
Censorship and free speech are often seen as being two sides of
the same coin, censorship often defined as the suppression of
free speech.
Censorship is the act of changing a message, including the
change of deletion (complete elimination of the message),
between the sender and the receiver.
Censorship is when a work of art expressing an idea which does
not fall under current convention is seized, cut up, withdrawn,
impounded, ignored, maligned, or otherwise made inaccessible
to its audience.
Quoted by Ritu Menon, for Womens World Organisation for Rights, Literature, and Development

Cont
The freedom of speech guaranteed by the Constitution of India can be
suppressed if it is considered objectionable, harmful, or necessary to
maintain communal harmony.
Governments across the globe have used religious arguments as well as
other powerful techniques and arguments to support for their censorship
efforts.
Offensive communication in the eyes of the government varies from
country to country, religion to religion, even sect to sect.
Many governments provide for certain limited protection against
censorship. It is always necessary to balance conflicting rights in order to
determine what can and cannot be censored.

WHY CENSORSHIP?

There are several pros and cons of media censorship. In an age where freedom of expression cannot
be stressed enough, a pro-media censorship agreement can be considered as sacrilege
(irreverence)!

What people need to realize is that censorship does not imply curbing the freedom of expression it
is merely drawing the line between freedom and unrestrained deviltry! Censorship is merely a
reminder for people who have crossed the lines of morality and humanity under the name of
freedom of expression.

There are several types of mass media, which are a means of expression of people around the world.
When it comes to media, censorship is a must considering increasing instances of unrestrained
inclusion of topics which might be inappropriate for certain age groups or topics which are morally
wrong like racism.

Most of the audiences across the world are ready for portrayal of subjects like sex and violence,
however it is not these subjects but the method of portrayal that becomes an issue of concern.
Censorship or discretion in viewers is necessary.

Example:
A classic example of censorship in India is the Central Board of Film
Certification or Censor Board, which comes under the purview of Ministry
of Information and Broadcasting.
The Board regularly orders, directors to remove anything it deems
offensive or subjects considered to be politically subversive.

The censorship of films is governed by the Cinematograph Act, 1952.

It assigns certification as Universal, Adults, and Parental Guidance to films

in India before public exhibition.

Cont
Around the world the utmost concern of censors is the depiction of
violence and sex.
The censor boards job is to control the corruption of the mind and to
stop pornographic films.
But on the other hand it is ironical that anyone with internet access can
see endless amounts of pornography.
Today a child with access to internet can see all kinds of pornography by
typing three letters sex, while the censor board has long discussions on
the permissible duration of a kissing scene in a movie.

Need of Censorship
Media censorship is necessary for 3major
reasons:
Vulgarity (Sexually explicit content)
Violence
Racism
Media censorship is not a tool to attack someones
character, or to discriminate and humiliate people.

Types of censorship
Military censorship
Moral censorship
Religious censorship
Political censorship

Case Study:

There was a huge controversy with regards to the kissing scene in Dhoom 2 which
ended in people burning its movie posters and obstructing people from entering
the cinema halls to watch the film.

Vishwaroopam, a Tamil film was blocked by the Tamil Nadu government after a
protest from the Muslim Community. The director was forced to delete some
important scenes from the movie before releasing the same.

The Vishwa Hindu Parishad protested against the women modelling dresses
bearing images of Hindu Gods, a Fatwa was brought against all girls rock band
saying it was Un-Islamic.

Therefore, on observing the above incidents it seems that its not actually the
government censoring but rather the self employed moral police doing the job

Activity
Support with 5-statements
to
the pros and cons
Of
Censorship

Pros and Cons of censorship

Pros: Censorship is the control of information and ideas of the society.
Both democratic and non democratic countries use it. There are many
dispute whether censorship is good or not.

Censorship of pornographic material prevent the corrupting of children.

Religious conflicts are avoided by the censorship of material deemed insulting or
offensive to a particular religious community.
Censorship is necessary to preserve to preserve secrets of a nation.
Is used in hiding sensitive information related to defense
Scenes of consuming alcohol and smoking influence youngsters.
Dangerous stunt , which may be enacted by youngsters
Prevent politically motivated propaganda
to avoid negative influence of foreign culture
Public display of disrespect of any content related to individual or community
To prevent exaggerated info from products
Restrain vulgarity and obscenity

Cons:
Is sex related topics are completely censored teaching AIDS/HIV related info will
become challenge.
Freedom of speech is compromised.
It prevents the free flow of ideas.
May compromise with the entertainment value.
As you hide it become curious.

Strongly control people.

It works against creativity.
Used to block legitimate criticism.
It stifles, the opposition broadcasting only a particular point of view.

However censorship serves as a valuable tool. However, it can be easily misused.

Government and other regulatory institutions must learn to use it judiciously.

Thank You