media regulation With the leaked Radia tape sparking a fresh debate on media ethics, former Chief Justice

of India JS Verma in his interview with zee news recently advocated self regulation saying it was more lasting and asked the media to restrict itself to "legitimate bounds". "Anything which is result of self-regulation is more lasting. I always believe in freedom of expression... but rights and duties are co-related," Verma, also chairman of News Broadcasting Standards Authority-- a self-regulatory body for news channels, said. The impact of media, particularly electronic media, is huge, Verma said, adding, "It just needs to be more circumspect." The former CJI also complimented electronic media for exercising restraint and caution during the coverage of the Allahabad High Court verdict on Ayodhya title suits. "There ought to be mechanism to ensure objectivity so that information does not get mixed with opinion." He also said, "There should be no need for breaking news every second." Addressing the gathering, Additional Secretary in the Ministry of Information and Broadcasting Rajiv Takru said government is always for freedom of expression but every government has a responsibility to "protect people from harm". Today the proliferation of 24-hour news and entertainment channels,with their tireless reiteration of the trite, these channels revel in highly dramatized presentation of sensational stories, sensationalizing senseless minor incidents, often strewn with unrelated, salacious visuals culled from old clips. Of late the use of "hidden cameras" is a new craze in stage managed shows and making tall claims of investigative journalism. Most of the news channels relegate major national events of importance to secondary or even tertiary position. Doordarshan seems to be the only exception, but it is also gradually falling in line. The media barons, addicted to making pots of money through crass commercial ventures at the expense of social harmony and welfare, and public decency and morality, will never respond positively to the calls of selfregulation. The only remedy lies in a powerful popular movement to re-instill a modicum of sanity and obviate obscene displays. The state of the self-styled entertainment channels, blighted by films dominating the television, is even worse. Vulgarity seems to be the new passport to wealth and fame. It is indeed gratifying therefore that the National Commission for Women has decided, in coordination with its counterparts in other parts of the country, to take up cudgels against some of them, particularly the so-called 'family serials'.They have not only portrayed women as "conspirators and villains", demeaning their dignity as a class of humans, but have also wilfully done their worst to jeopardize the hallowed concept of family life in the Indian society, as the Commission rightly feels. India at present is a media saturated society and regulations are derived of its meaning from crossing certain boundaries. The soft content produced by the media is affecting society.

Some examples The disarray over media coverage of the terrorist attacks in Mumbai in November 2008 was only one in a series of media-related controversies that have surfaced with remarkable regularity through the past couple of years, with much of the criticism directed at the broadcast media in general and television news channels in particular. The media coverage of the double murder of 14-year-old Aarushi Talwar and her familys domestic help, Hemraj, in May 2008 drew criticism, not only from media critics, but also sections of the public and even the judiciary. The Supreme Court of India went to declare that it would lay down norms for media coverage of ongoing criminal investigations. The August 2007 instance of a fake sting operation telecast by a private television channel falsely implicating Uma Khurana, a Delhi school teacher, in a sex work racket which even led to mob violence generated

widespread outrage against media malpractices and seriously eroded the credibility of the media. The High Court of Delhi even proposed prior permission from a government-appointed committee for broadcast of programmes involving stings. These are examples you can also further elaborate..

Defamation (IPC (499) 500) civil and criminal defamation-libel, slander It Means defamation or taking away the fame from someone. Reputation is considered as property and any damage to it can give rise to both criminal and civil action. Under Section 499 of IPC It defines the offence of defamation . It states:-Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Under Section 499 of IPC There are 4 explanations and 10 exceptions in this section. Explanation 1. It may amount to defamation to impute anything to a deceased person, if the imputation 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 (accusation) 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 person' s 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 loathsome state, or in a state generally considered as disgraceful. Kinds of Defamation Slander & Libel Verbal or spoken words is known as Slander

 Written defamation is termed as Libel Defamation gives rise to both Civil & Criminal action Criminal law of defamation is contained in sec 499 to 502 of the IPC. The press being a written and printed medium is likely to commit an offence of Libel only. The main difference in Civil 7 Criminal proceeding for defamation is pertaining to the compensation. The Civil action is to adequately compensate the person defamed. The criminal prosecution is to punish the offender by imprisonment or fine or both.

The Criminal Law of Defamation-The CLD under the section 499 to 502 is very exhaustive there is no civil action if defamation is spoken words the press being written medium is lightly to commit the offence of libel. Difference between Civil & Criminal proceedings for Defamation CIVIL- The objective of this action is to adequately compensate the person defamed for the loss of reputation by damages. Intention is irrelevant. Truth of the statement is complete defence. CRIMINAL- The objective of this action is to punish the offender by way of imprisonment or fine or both. Difference between Civil & Criminal proceedings for Defamation. Here Intention is essential for liability .Good faith is a defence in criminal law. It is necessary to prove further that the defamative publication is for public good Punishment for Defamation Section 500 of IPC prescribes the punishment for defamation. The section reads;-Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Punishment For Journalist It may be severe in view of the fact that the defamatory statement gets wide publicity,

Common legal terms

'Indian Penal Code' (IPC) - is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862. It has since been amended several times and is now supplemented by other criminal provisions. LAW - means rule or command(s) of some definite human authority, the disobedience to which will be followed by some penalty. Legal definition of the term Law is - Rules of conduct that have been approved by the government and which are in force over a certain territory and which must be obeyed by all persons on that territory (eg. the laws of India).

It is also "A rule of ... conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." Violation of these rules could lead to enforcement, government reaction such as imprisonment or fine, or private action such as a legal judgment against the offender obtained by the person injured by the action prohibited by law. REGULATIONS - A law on some point of detail, supported by an enabling statute, and issued not by a legislative body but by an executive branch of government. A regulation is essentially a law but which draws its life not from the decision of a legislative assembly directly but indirectly. A regulation is often passed by the executive branch of government. For example, the federal cabinet meeting in session endorses a regulation. But a regulation has a unique feature: it must draw its authority from a statute. Every regulation must have some statute which enables it. STATUTES - A statute is a written law passed by a legislature. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society.The written laws approved by legislatures, parliaments or elected or appointed houses of assembly. The term statute signifies the elevation of a bill from legislative proposal to law. State and federal statutes are compiled in statutory codes that group the statutes by subject. These codes are published in book form and are available at law libraries. BILL -A proposed statute, not yet approved. It is the draft of proposed law or statute which has been formally tabled before a legislative assembly for consideration.A bill becomes legislation or a statute when the appropriate parliamentary or legislative assembly has approved it by holding a vote and in the result, giving it the requisite number of approval votes. A proposed statute, not yet approved. It is the draft of proposed law or statute which has been formally tabled before a legislative assembly for consideration.A bill becomes legislation or a statute when the appropriate parliamentary or legislative assembly has approved it by holding a vote and in the result, giving it the requisite number of approval votes. ACT - A bill which has passed through the various legislative steps required for it and which has become law. ORDINANCE -An executive decision of a government which has not been subjected to a legislative assembly (contrary to a statute). Sub Judice - Latin term which means - under judicial consideration? A matter that is still under consideration by a court; still subject to active litigation. Prima facie- Latin term which means "at first look," or "on its face". referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial.It means on the face of it or at first sight. A Plaintiff- A plaintiff is the person who initiates a court action by filing a complaint in the court against the defendant(s) demanding damages, performance and/or court determination of rights. A plaintiff is sometimes called a petitioner. The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Defendant - The party who has been sued in a civil lawsuit or the party charged with a crime in a criminal prosecution and is defending itself. In some types of cases (such as divorce) a defendant may be called a respondent. Accused - A person charged with a crime Acquittal -What an accused criminal defendant receives if he/she is found not guilty. It is a verdict/ a judgment of not guilty.

Affidavit -Any written document in which the signer swears under oath before a notary public or someone authorized to take oaths, that the statements in the document are true. Evidence- Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial). It also includes "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Prosecution- In criminal law, the government attorney charging and trying the case against a person accused of a crime. A common term for the government's side in a criminal case, as in "the prosecution will present five witnesses" or "the prosecution rests" (has completed its case). Conviction -The result of a criminal trial in which the defendant has been found guilty of a crime. Code -A collection of written laws gathered together, usually covering specific subject matter. Signifies in general a collection of laws. Thus, a state may have a civil code, penal code, evidence code, labor code, motor vehicle code and taxation code etc.

Sedition-incitement to violence In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent (or resistance) to lawful authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interests of sedition. Typically, sedition is considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another. Where the history of these legal codes has been traced, there is also a record of the change in the definition of the elements constituting sedition at certain points in history. This overview has served to develop a sociological definition of sedition as well, within the study of state persecution. The difference between sedition and treason consists primarily in the subjective ultimate object of the violation to the public peace. Sedition does not consist of levying war against a government nor of adhering to its enemies, giving enemies aid, and giving enemies comfort. Nor does it consist, in most representative democracies, of peaceful protest against a government, nor of attempting to change the government by democratic means (such as direct democracy or constitutional convention). Sedition is the stirring up of rebellion against the government in power. Treason is the violation of allegiance to one's sovereign or state, giving aid to enemies, or levying war against one's state. Sedition is encouraging one's fellow citizens to rebel against their state, whereas treason is actually betraying one's country by aiding and abetting another state. Sedition laws somewhat equate to terrorism and public order laws. History in common law jurisdictions The term sedition in its modern meaning first appeared in the Elizabethan Era (c. 1590) as the "notion of inciting by words or writings disaffection towards the state or constituted authority". India Sedition law in India is a legacy of the colonial era. While the United Kingdom abolished sedition laws in 2010, sedition became a big issue in India the same year as noted writer Arundhati Roy, amongst others, were sought to be charged with sedition for advocating independence for the disputed Kashmir region. This is by no means the only instance of sedition laws being used in contemporary India. Many human rights activists have found themselves charged with sedition Case Study

Binayak Sen MBBS, MD; is an Indian pediatrician, public health specialist and activist found guilty of sedition. He is the national Vice-President of the People's Union for Civil Liberties (PUCL).On 24 December 2010, the Additional Sessions and District Court Judge B.P Varma Raipur found Binayak Sen, Naxal ideologue Narayan Sanyal and Kolkata businessman Piyush Guha, guilty of sedition for helping the Maoists in their fight against the state. They were sentenced to life imprisonment. The Booker prize-winning novelist and human rights campaigner Arundhati Roy is facing the threat of arrest after claiming that the disputed territory of Kashmir was not an integral part of India. India's home ministry is reported to have told police in Delhi that a case of sedition may be registered against Roy and the Kashmiri separatist leader Syed Ali Shah Geelani for remarks they made at the weekend. Under section 124A of the Indian penal code, those convicted of sedition face punishment ranging from a fine to life imprisonment. In her speech, Ms Roy, the author of The God of Small Things, dismissed her country as "bhooke nange (hungry, naked) India" and a "hollow super power." India, she said, needs freedom from Kashmir, and Kashmir [freedom] from India." Her comments coincide with growing concern about the number of civilian deaths in Kashmir since a wave of protests began in June this year. At least 98 people have been killed, many from police bullet wounds. Under Indian law it is an offence to "bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India." Those found guilty of sedition can be imprisoned for between three years to life.

media ethics Media Ethics - Implies the norms that a journalist must uphold and deliver in order to keep the integrity of the profession intact. According to the dictionary meaning of ethics is a system or a code of morals of a particular person, religion, group,profession etc . In the modern times when business angle is gaining priority in the news paper industry,it requires quite an effort on the part of the individual to function in accordance with the ethical norms of the profession. A free press is essential for the functioning of the democracy ensures freedom from fear & violence which in turn postulates a strong govt capable of coping adequately with the forces of terrorism & disorder. Despite all the provocation and danger journalist must function strictly within the framework of ethical norms. Some of the well accepted ethical norms are as follows: Accuracy & Fairness ;-A journalist must inform and comment on matters of public interest in a fair, accurate, unbiased and decent manner. Inaccuracy and personal remarks should always be avoided. Pre Publication Verification.-Verification and checking of news before publication is necessary so that the comments based on them are given in a correct manner. Caution Against Defamatory Writing - Newspapers should not publish anything that is defamatory against any individual or organization unless after due care and checking they have sufficient reason to believe that its true and its publication is for the public good. Privacy: Invasion on the privacy of individuals is not permissible unless it carries a genuine public interest .While publishing names or pictures of victims of sex crimes a great caution should be exercised. Avoid suggestive guilt:-Newspapers should avoid suggestive guilt they should not name or identify the family or relatives or associates of a person convicted or accused of crime when they are totally innocent and reference to them is not relevant to them in the matter reported. Corrections - When any factual error or mistake is detected or confirmed the news paper should publish the correction promptly and giving apology or expression of regret in a case of serious lapse. Newspapers should

also give weight age to the letters to the editor. Communal Reports -Proper verification must be done before publishing news regarding communal clashes or disputes. the report should not provoke the situation instead it should aim at bringing peace to the community. Sensational Heading - These should be avoided headlines should confirm to the contents of a news story they should be clean and authentic. Avoid vulgarity and obscenity. - In order to make profits a newspaper should throw the ethics and journalistic values instead it should try to create a suitable equilibrium between objectivity and commercialism. Avoid Caste, religion and community disclosures. Respect confidence Code of ethics in India:-It would not lie possible in code of ethic , however comprehensive it may be to detail all the probable incidents which could come up for discussion on ethical grounds. To formulate a comprehensive code of ethics for a journalist is neither feasible nor avoidable. The society keeps on changing with time so to formulate the rules or guidelines is a difficult exercise, yet we need some guidelines or rules in the form of code of ethics to regulate the functioning of the journalist

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media regulation
With the leaked Radia tape sparking a fresh debate on media ethics, former Chief Justice of India JS Verma in his interview with zee news recently advocated self regulation saying it was more lasting and asked the media to restrict itself to "legitimate bounds". "Anything which is result of self-regulation is more lasting. I always believe in freedom of expression... but rights and duties are co-related," Verma, also chairman of News Broadcasting Standards Authority-- a self-regulatory body fornews channels, said. The impact of media, particularly electronic media, is huge, Verma said, adding, "It just needs to be more circumspect." The former CJI also complimented electronic media for exercising restraint and caution during the coverage of the Allahabad High Court verdict on Ayodhya title suits. "There ought to be mechanism to ensure objectivity so that information does not get mixed with opinion." He also said, "There should be no need for breaking news every second." Addressing the gathering, Additional Secretary in the Ministry of Information and Broadcasting Rajiv Takru said government is always for freedom of expression but every government has a responsibility to "protect people from harm". Today the proliferation of 24-hour news and entertainment channels,with their tireless reiteration of the trite, these channels revel in highly dramatized presentation of sensational stories, sensationalizing senseless minor incidents, often strewn with unrelated, salacious visuals culled from old clips. Of late the use of "hidden cameras" is a new craze in stage managed shows and making tall claims of investigative journalism. Most of the news channels relegate major national events of importance to secondary or even tertiary position. Doordarshan seems to be the only exception, but it is also gradually falling in line. The media barons, addicted to making pots of money through crass commercial ventures at the expense of social harmony and welfare, and public decency and morality, will never respond positively to the calls of self-regulation. The only remedy lies in a powerful popular movement to re-instill a modicum of sanity and obviate obscene displays.

The state of the self-styled entertainment channels, blighted by films dominating the television, is even worse. Vulgarity seems to be the new passport to wealth and fame. It is indeed gratifying therefore that the National Commission for Women has decided, in coordination with its counterparts in other parts of the country, to take up cudgels against some of them, particularly the so-called 'family serials'.They have not only portrayed women as "conspirators and villains", demeaning their dignity as a class of humans, but have also wilfully done their worst to jeopardize the hallowed concept of family life in the Indian society, as the Commission rightly feels. India at present is a media saturated society and regulations are derived of its meaning from crossing certain boundaries. The soft content produced by the media is affecting society.

Some examples The disarray over media coverage of the terrorist attacks in Mumbai in November 2008 was only one in a series of media-related controversies that have surfaced with remarkable regularity through the past couple of years, with much of the criticism directed at the broadcast media in general and television news channels in particular. The media coverage of the double murder of 14-year-old Aarushi Talwar and her familys domestic help, Hemraj, in May 2008 drew criticism, not only from media critics, but also sections of the public and even the judiciary. The Supreme Court of India went to declare that it would lay down norms for media coverage of ongoing criminal investigations. The August 2007 instance of a fake sting operation telecast by a private television channel falsely implicating Uma Khurana, a Delhi school teacher, in a sex work racket which even led to mob violence generated widespread outrage against media malpractices and seriously eroded the credibility of the media. The High Court of Delhi even proposed prior permission from a government-appointed committee for broadcast of programmes involving stings. These are examples you can also further elaborate..