MEDIA LAWS

By Pushker Srivastava
B.Tech., MBA, PGDCA, MMC, Ph.D.

Ex. Production Manager, SAIL, Ministry of Steel, Govt. of India Corporate Trainer & Consultant (IT & Digital Media) Visiting Professor Indian Institute of Mass Communication Jawaharlal Nehru University University of Delhi GGS IP University ICAR Universities Corporate Trainer Indian Armed Forces Indian Coastal Guards Border Security Force Indian Information Service Media consultant and adviser UNICEF BBC

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MEDIA LAWS As such there is no specific article in the Constitution of India but Press Laws are mentioned in Article (19A).

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Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of the society, which tends to shun or avoid that person.

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Statement of defamation Libel - in writing Slender oral statements Innuendo comments (to a third person, dual meaning statements) Symbolic by posters or cartooning

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Ignorance of law is no excuse

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Contempt of Court Contempt of Court Act has been developed in 1972 defines the expression as follows According to Section 2, Contempt of Court may be either Civil Contempt or Criminal Contempt.

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Civil Contempt

means willful disobedience to any judgment, decree, direction, order, writ, or other processes of a court or willful breach of an understanding given to court.

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Criminal Contempt means the publication (whether by words spoken or written or by signs or by visible representation or otherwise or any matter or doing of any act) whatsoever which Scandalizes or tends to scandalize or lowers or tends to lower the authority of any court or Prejudices or interferes or tends to interfere with the due course of any judicial proceedings or Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any order manner.

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PIL Public Interest Litigation The legal proceedings against any district judge or magistrate level officers can only be done by a panel of Supreme Court sitting judge Advocate in-Charge of the State Chief Justice of State High Court

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Any legal proceedings or enquiry against any High Court judge can only be done by the following panel Solicitor-General of India Attorney General of India Chief Justice of Supreme Court

MEDIA LAWS EXCEPTIONS Innocent publication and distribution of any matter. Publication of fair and accurate report of judicial proceedings. Fair criticism of Judicial Act. Complaint against presiding officer in good faith. Publication of fair information relating to proceedings in-camera.

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TADA / POTA proceedings, Family Courts proceedings and Rape victims in-Camera proceedings can not be published. Face of rape victim in print or electronic media should not be shown in order to avoid social embarrassment to the victim.

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Publishing or Showing dead bodies, disfigured limbs should always be avoided as it is termed as Journalism in bad taste.

MEDIA LAWS PRESS & REGISTRATION OF BOOKS ACT, 1867 Nature Regulatory Purpose

To regulate printing press To regulate publication of newspaper To preserve copies of books and newspapers

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Declaration of the same is made in Section 3 of the Act Title or name of the printing press The place of the publication The publisher The printer The above declarations are made on affidavit before a magistrate.
This information forms PRINTLINE

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Penalty If the declaration is not made, the penalty is Rs. 2000/- or simple imprisonment of six months. Regarding the fake declaration, the penalty is Rs. 200/-. It is obligatory for all papers / magazines to send free copies to the government or to the authorities prescribed by the government. (Registrar of Press is appointed under Article 19A). District Magistrate is the authorized representative of the government.

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FREEDOM OF PRESS It is not guaranteed by Constitution of India. But the Article (19A) under Constitution of India, under Freedom of Speech & Expression, we derive Freedom of Press.

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Fundamental Rights

There are six fundamental rights - Part (III) of Constitution of India

1. Right to Equality (Article 14 Article 18) Article 14 - The state shall not deny justice to any person i.e. equality before the law. Exception President & Governor

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Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex and place of birth. Exception Special power has been given to State for reservation (for SC/ST) for economically under privileged or economically backward caste. Reservation Policy is made under this Article.

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Article 16 Equality of opportunity in matters of public employment. Exception Only government allows reservations for backward classes. Private employers / Companies can not be forced for reservations. Article 17 Abolition of untouchability Article 18 Abolition of Titles

Exception Military, Private Organizations

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2. Right to Freedom (Article 19 Article 22) Article 19 Six freedoms are given. Freedom of Speech & Expression (No contempt of court maintains security & integrity of the country. To assemble peacefully and without arms (on public land only & for peaceful purposes and follow law & order) Section 144 To form association or unions (only for lawful purposes) To move freely throughout the territory of India (only for citizens of India) To reside & settle in any part of India. To practice any profession, trade or business (license & permit required at some places)

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Article 20 Protection in respect of conviction for offences. Article 21 Protection of life & personal liberty Speedy trial for child convicted No case against mental or insane person Right to be released on bail

Article 22 Protection against arrest and detention At the time of emergency all fundamental rights are ceased except Article 20 and 21.

MEDIA LAWS 3. Right against exploitation Article 23 Prohibition of traffic & forced labour in human beings (bonded labour) Article 24 Prohibition of employment of children before 14 years in factories or any other hazardous occupation.

MEDIA LAWS 4. Right to Freedom of religion

Article 25 - Freedom to practice & propagate own religion. Article 26 Freedom to manage religious affairs subject to public order and morality. Article 27 Freedom to collect money for promotion of any religion without any compulsion or force

MEDIA LAWS Article 28 Freedom of religious worships in certain educational institutions (institutions getting fund or grant from State Government can not force for religion worship)

MEDIA LAWS 5. Cultural & Educational Rights Article 29 Every citizen has got the right to conserve his own culture. Article 30 Right of minorities to establish and maintain educational institution (maximum upto 50% seats can only be reserved for minorities)

MEDIA LAWS 6. Right to constitutional remedies Article 32 5 writs are defined as Habeas Corpus ( to have the body) Mandamus (Command) Prohibition Certiorari Quo Warranto (to question the authority in any public office)

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