UNIT-1

MEDIA LAWS, REGULATIONS

AND ETHICS

Syllabus Introduction
Unit -1: Media & Freedom:
Concept of media freedom
Theories of media liberty and democracy
Rights and Obligation of the media
Fundamental rights.

Unit II: Right to information

Evolution of Articles of 19;
Universal declaration of human rights;
History and development of the concept of information
Right to information Act 2005, and its implications;
Rights to reply ,
Right to knowledge;
Case studies: Rajasthan experience; role of the media.

Unit III: Important Laws

Defamation,
Contempt of court and legislature.
Official Secrets Act,
Intellectual property rights vis-a-vis copyright
and piracy;
Wages and working conditions of journalists;
Measures to curb piracy; Tamilnadu model.

Unit IV : Ethics

Sting operation and its impact;

Right to privacy ;
Obscenity;
concept of self-regulation;
Revealing sources;
code of ethics;
Codes of professional organizations;
media watch groups;
A Critical study of functions and performance of
the Press Council of India.

Unit V: Cyber Laws

Laws regulating FDI in media ;
Cyber laws in India ;
Cyber security concerns-preventive
measures, penalties, adjudication and
offences,
IT Act; network service providers
protection ; criminal procedure; IPC.

Prescribed Text books

DURGADAS BASU

Laws of the Press in India

Blumer J.G.1992.
Kaushal N.

Television and the Public Interest

Press and Democracy

Classroom Activity 19th aug 2014

Write a note on Your

Understanding on Concept of
MEDIA FREEDOM?

Concept of Freedom of Press

DEFINITION
According to Ordinary meaning..
Freedom of press is not an end in itself but a means to the end of
achieving a free society
OR
According to The Universal Declaration of Human Rights.
"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"

Concept of Freedom of Press

The freedom of expression is part of the fundamental rights guaranteed to
a citizen of India, under part -III of the constitution.
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 of court.
The Press in India has a dual nature. It is an extension of the individual's
right to expression of thoughts. It is also seen as a businesses enterprise
and is therefore regulated by laws of commerce, taxation, employment etc.

Concept of Freedom of Press.

The media is a powerful institution that can act as a necessary instrument of communication.

To the extent that the media is independent of government it can also have the capacity
to act as a powerful critic of government.

Media has been increasingly challenged as an institution that frequently abuses its
power, invading peoples privacy and undermining personal freedom.

Freedom of Press or Media Freedom is the immunity of the communications media

including newspapers, books, periodicals, radio, and television from government
control or censorship.

Media Freedom is a guarantee by a government to the media or

press for its citizens and their associations, extended to members
of news-gathering organizations and journalists, and their
published reporting.

In many countries there are constitutional or statutory protections pertaining to media

freedom or freedom of the press.

Concept of Freedom of Press

Media freedom, although generally regarded as a constituent (integral) of
democracy, does not have the same meaning everywhere in the world.
Differences in the understanding of media freedom exist, even among the West
European democracies or between Western Europe and the United States.
The principle of freedom of the press (or Media Freedom) as a constraint on
government actions against the press can differ from the amount of freedom the
press actually exercises at a given time.

On the one hand, various social, political, and economic forces may serve to
make the press freer, in fact, than it is in law.

Conversely, those same forces may substantially curtail the exercise of a legal
freedom. It could be seen that the government control on the media freedom is
always subject to political, legal, or constitutional constraints.

History of Media Freedom

Media Freedom, which has been limited not only by governments but at times
by churches, It is absolute in no country.
From the earliest times, in the West, persecution for the expression of opinion
even in matters relating to science or philosophy was resorted to by both the
Church and the State, to suppress alleged heresy, corruption of the youth or
sedition.
In the late 15th century, after the invention of printing press, licensing and
censorship rules came as restraints.
In the 17th century the appearance of newspapers demonstrated how
powerful the Press was as a medium of expression.
Newspapers came to take up the cause of Opposition against monarchical
absolutism, there followed different methods of suppression.

History of Media Freedom

The origin of the concept of freedom of the press took
place in England.
In England, the appearance of unauthorised publications resulted
in a royal proclamation (1534) requiring prepublication licensing.
Stronger restrictive measures were taken by the later Tudor and
Stuart monarchs, and censorship came to be applied more to
political criticism than religious heresy.
John Milton, in his Areopagitica (1644), attacked the licensing law
and called on Parliament to suppress offensive publications after
their appearance if necessary.

History of Media Freedom

Miltons objections to prior restraint eventually became a cornerstone of press freedom,

but it was not until 1695 that the licensing and censorship laws were abolished.

Severe restrictions on the press continued, however, in the form of seditious, libel laws
under which the government was able to arrest and punish any printer who published
material in any way critical of the government.

However, there was no clear definition of what constituted a seditious libel.

Since the 18th century the press in Britain has been relatively free from state interference.

During that time the printing of parliamentary debates had to be disguised as debates
between classical figures. At this time, both true and false criticism of the government
was considered a libel. In fact, the legal doctrine proclaimed that the greater the truth
the greater the libel. Only in the mid-19th century truth was admissible as a defence in
English libel cases.

History of Media Freedom

The struggle for freedom of the Press had its greatest triumph when it came to be guaranteed
by a written Constitution, as a fundamental right. Countries with written constitutions
frequently contain special protection for press freedom.

In the United States the First Amendment gives constitutional status to press freedom.

This means that writers, journalists, and publishers can criticize government and are
free from censorship.

Before that the 1776 Virginia Bill of Rights stated, Freedom of the press is one of the great

bulwarks of liberty, and can never be restrained by despotic (authoritarian) governments.

The Canadian Charter of Rights and Freedoms also gives constitutional protection to the press.

The United States, Canada, Australia, and New Zealand also have specific legislation that protects
freedom of information to ensure openness and facilitate press coverage of important issues and events.

The European Convention on Human Rights, under Article 10, protects the freedom to receive and
impart information and ideas without interference by public authority.

As a signatory to this treaty, most of the countries are likely to become increasingly
influenced by constitutional protections for freedom of the press.

In India-Concept of Freedom of Press

In India, prior to independence, there were no fundamental
rights and therefore there was no guarantee of the freedom of
expression or of the Press.
In the first sixty years of independence, media control by the state
was the major constraint on press freedom in India.
The Constitution of India, while not mentioning the word press,
provides for the right to freedom of speech and expression
under Article 19(1)(a).

In India-Concept of Freedom of Press

The Supreme Court of India lost no time in declaring that the freedom of the Press
was included in that guarantee as early as 1950.

However, this right is subject to Reasonable Restrictions under Article19(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 of court,
defamation, or incitement to an offence.

The Reasonableness of Restrictions, however, are not defined in the Constitution.

Laws such as the Official Secrets Act and Prevention of Terrorism Act (POTA) have
also been used to limit press freedom.

Under POTA, a 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.

PRESS FREEDOM INDEX

The country with the Highest degree of press freedom was
Finland
Iceland
Netherlands
Norway
Sweden

PRESS FREEDOM INDEX

The country with the Lowest degree of press freedom was
Eritrea
North Korea
Turkmenistan
Iran
Myanmar (Burma)
Find out INDIAs Position ???

Press
as
A Fourth Estate

Six estates of Society

What is the role of the free press in strengthening

democracy, good governance, and human development?
The guarantee of freedom of expression and information is recognized as a basic
human right in the Universal Declaration of Human Rights adopted by the UN in
1948, the European Convention on Human Rights, the American Convention on
Human Rights, and the African Charter on Human and Peoples' Rights.
In particular, Article 19 of the 1948 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 to seek,
receive and impart information and ideas through any media and regardless of
frontiers.

The core claim is that, in the first stage,

The initial transition from autocracy opens up the
state control of the media to private ownership,
Diffuses access, and
Reduces official censorship and
Government control of information.

The public thereby receives greater exposure to a

wider variety of cultural products and ideas through
access to multiple radio and TV channels, as well as
the diffusion of new technologies such as the
Internet and mobile telephones.

Second Stage
Once media liberalization has commenced, in the second stage
democratic consolidation is strengthened,
where journalists is independent,
Newspapers, radio and television stations facilitate greater
transparency and accountability in governance, by serving in
their watch-dog roles to deter corruption and malfeasance,
as well as providing a civic forum for multiple voices in public
debate, and highlighting problems to inform the policy agenda.
a free press is valuable for democracy, for good governance,
and for human development.

Examples:
All new programs for development
New policies for development
Rescue programs during famine and national tragedy
Many more

The roles of the news media as

watch-dog,
civic forum,
and agenda-setter

Lerner, Lipset, Pye, Cutright and others, suggested the

diffusion of mass communications In the late 1950s and early 1960s, early modernization theories assumed a

fairly simple and unproblematic relationship between the spread of access

to modern forms of mass communications, economic development, and the
process of democratization.

Accounts offered by represented one sequential step in the development

process. In this view, urbanization and the spread of literacy lead to growing
access to modern technologies such as telephones, newspapers, radios and
television, all of which laid the basis for an informed citizenry able to
participate effectively in political affairs.

Daniel Lerner theorized

capacity to read,
at first acquired
by relatively few
people

This, in turn,
accelerates the
spread of
literacy.

does a society begin

to produce
newspapers, radio
networks, and
motion pictures on a
massive scale

equips them to
perform the
varied tasks
required in the
modernizing
society

the elaborate
technology of
industrial
development is
fairly well advanced

The role of journalists as watchdogs of the powerful

In their watchdog role, the channels of the news media can function to
promote government transparency,
accountability, and
public scrutiny of decision-makers in power,
by highlighting policy failures,
maladministration by public officials,
corruption in the judiciary, and scandals in the corporate sector.
Since Edmund Burke, the fourth estate has traditionally been
regarded as one of the classic checks and balances in the division of
powers.
Investigative journalism can open the governments record to external
scrutiny and critical evaluation, and hold authorities accountable for
their actions, whether public sector institutions, non-profit
organizations, or private companies.

Example:
Taiwan free from corruption,
Brunetti and Weder, amongst others, found that there was less
corruption in nations with a free press.
Media freedom organizations demonstrate that each year dozens
of media professionals are killed or injured in the course of their
work.
In Colombia, Sierra Leone, Liberia, Zimbabwe and Egypt, for
example, many journalists, broadcasters and editors have
experienced intimidation or harassment,
while journalists in many parts of the world face the daily threat of
personal danger from wars or imprisonment by the security
services.

The role of the news media as civic forum

Equally vital, in their civic forum role, the free press can strengthen the public
sphere, by mediating between citizens and the state, facilitating debate about
the major issues of the day, and informing the public about party leadership,
political issues, and government actions.
Ex: Election Campaign as balanced and open access to the airwaves by
opposition parties, candidates and groups is critical for competitive and fair
multiparty contests.
Contemporary observers caution that the quality of democracy still remains
limited where state ownership of television has been replaced by private
oligopolies and crony capitalism,

for example in nations such as Russia, Brazil and Peru which have failed to create fully-independent
and pluralistic media systems. Broadcasting cartels, coupled with the failure of regulatory reform,
legal policies which restrict critical reporting, and uneven journalistic standards, can all limit the
role of the media in its civic forum or watch-dog roles.

the news media also functions as an agenda-setter

providing information about urgent social problems and thereby channeling
citizens concerns to decision-makers in government. Particularly in cases of
natural disaster, public officials often suffer from a breakdown in the usual
channels of communication.
Poor internal communications among official agencies can hinder the delivery
of effective emergency relief, so that timely and accurate information about
the scope and nature of any disaster is vital as the first step in any effective
official response.
Similar observations can be made concerning reporting about social issues
such as the extent of any food shortages, the spread of diseases such as HIVAIDS, or problems of crime and violence.

In these situations, independent journalists can act as a vital conduit for

decision-makers, helping to make governments more responsive to the needs
of the people.

Theories of Media

Classroom Activity
Share your perspective :
How you wish Media should be

Uses and Gratifications of Media

Mass Media may be a marvelous time-fillers, like listening to
the radio while cooking or while driving, or reading during a
long train journey.
Some use the media to fulfill psychological and social needs.
Some enjoy the violence, gossip and page3.

Some use media to get topics for conversation at work

To solve their problems.

Others seek information, merely to be well informed.

To learn higher-status people dress and live.
Advertisements

Classroom Activity
What you like to produce from Media.
What you like to Consume from Media.

Introduction

The term media theory refers to a model that explains the relationship
between media and social reality.

Media as an enterprise holds a unique status from one way it is like an

industry which gives its products and service and earn money but from
another way media is supposed to talk about society, people, attitude,
interaction, guidance and the most crucial and sensitive, criticism.

The criticism media does-on individuals, business sector and the

governments, pinches many in many ways. If media does not perform this
function, it is rendered redundant.

How media is seen, controlled and dealt with, will be outlined in the following
paragraphs through

Introduction
Western theories of the mass media were first propounded by
Fred Siebert, Theodare Peterson and Wilber Schramm in their
book Four theories of Press.
The study of four distinct theories which generally
command on media behaviour and its outlook in
different societies.

Theories of media liberty and democracy

Authoritarian Theory
Libertarian Theory
Soviet Theory
Social Responsibility Theory

Authoritarian Theory
Long before the democratic societies could think of matters
pertaining to freedom of speech, there existed a thought
that the emergence of media should not challenge the writ
of the government which were more in dictatorial form and
less they looked like democracies.
This approach is designed to protect the established social
order, setting clear limits to media freedom and ensure
that it is not the media which must talk about people and
their problems in any manner.

The Media was forced to remain under state control. It

had following features which, in non democratic
governments still rule on media.
Direct governmental control of the media.
Typical to pre-democratic societies, where the government consists of a very limited
and small ruling-class.

No printing that could undermine the established authority

No offense to existing political set up
The government may punish anyone who questions the state's ideology.
Media professionals are not allowed to have any independence within the media
organization.
Registration of the media by the state.

Libertarian Theory/Free Press Theory

This is just in contrast to the authoritarian approach to media.
Here media enjoys an absolute freedom of expression.

Such an extensive freedom is also a problem as all people

have the right to speak and receive information freely, but
no one takes responsibility of the wrong doings.
The ethics in multicultural or pluralistic societies vary from
place to place; hence there is always complaint against the
media of each others society.

Its prominent features go like this:

Competitive exposure of alternative view points.
Attacks on the government's policies are accepted and even encouraged: the media as a
watchdog
Journalists and media professionals ought to have full autonomy within the media
organization.
There is no explicit connection between the government and the media.
The press is free from censorship
It is accountable to the law for any consequences of its activities that infringe other
individuals rights or the legitimate claims of the society.
The protection of dignity, reputation, property, privacy, moral development of individuals,
groups, minorities, evens the security of the state no infringement accepted from media.

Cont
As printing press was handy and comparatively low price, during
17th century made it possible to print and circulate several
copies.
The first amendment in American constitution is an embodiment
of this theory. : Truth can be arrived at only through the free
expression of diverse point of view.

Soviet Media Theory

This theory is derived from lenins application of Marx and
Engels Dictum in the German Ideology that, the ideas of the
ruling class are in epoch the ruling ideas.
The Media are thus the means of MENTAL PRODUCTION of the
ideology.
Hence the interest of working class should be projected and
media should be a aid to socialize the people.
Public should be encouraged to provide feedback, as it is only
the way to serve public interest.

Soviet Theory
With the revolution in Russia in 1917, and practice of Marxism, there appeared a
very different approach to deal with media.

The media was tied to overall communist ideas and defined in a very different way.
The theory to control media possessed following features:
Closely tied to the communist ideology.
The media is collective agitator, propagandist and educator in the building of communism.
No private ownership of the media.

The media is supposed to be serious.

The soviet theory does not favor free expression, but proposes a positive role for the
media, the society and the world.

Social Responsibility Theory

This theory keeps certain areas free for the Press but at the same time puts lot of
responsibility on media.
As discussed in the beginning that the media is not just seen as an enterprise like others
in the business sector of any society, but due to its unique nature, society expects a
particular role which media must play in getting rid of social evils, educating people,
criticizing government policies and exposing other wrong doings in a society.
The sense of responsibility has been emphasized more in this theory as compared to
any other.
Media has certain obligations to society:
It must show truth, accuracy, objectivity, and balance
The media should be free but self-regulated (codes of conduct, and ethics)
The media is pluralistic: diversity of society, various points of view, forum for ideas
The media ownership is a public trust. The journalist is accountable to his audience /
readers.

Theories and open debate on media

Not confined to the extent of theories, the media always faces (and is open
to) criticism and social scientists always keep this debate open as how best
media could be used to improve functioning of civil society and promotion
of democratic sense and practices.
In their view If people's knowledge, understandings, capabilities, and
actions are manufactured, it simultaneously follows that they can be
developed, improved, and individualized in proper (ideal democratic)
circumstances.

Among these circumstances, proper communication networks are inevitable.

Because of new developments, the relationship among the state, private
sectors, markets, and civil society profoundly changed during the 1980s.

Cont
In politically and economically advanced societies the change is based
on new information and telecommunications technologies, which
affected the media industries in terms of economic restructuring, and
on a new social and political environment, as reflected by media
contents.

A basic question is: Who gave media the right to do the things they
do? Like to investigate wrong doings by public officials, to delve into
the private lives of public figures and to report on the shortcomings
of government and institutions are all forms of the criticism media
face all over the world.
Purpose of talking on this topic is to make people linked with mass
media to understand the relationship between media and society
and how the media is understood by the scholars in the society.

Activity
List out the Fundamental rights in
detail

DEFINITION
Fundamental Rights are essential human rights
that are offered to every citizen irrespective of
caste, race, creed, place of birth, religion or
gender. These are equal to freedoms and these
rights are essential for personal good and the
society at large.

SIX FUNDAMENTAL RIGHTS

The Right to EQUALITY
The Right to FREEDOM
The Right to Freedom from EXPLOITATION
The Right to FREEDOM OF RELIGION
Cultural and EDUCATIONAL Rights
The Right to CONSTITUTIONAL
REMEDIES

Right to equality

Right to equality
(i) Equality before Law :- Article 14 of the constitution guarantees

that all citizens shall be equally protected by the laws of the country
(ii) Social equality and equal access to public areas:- Article 15 of

the constitution states that no person shall be discriminated on the

basis of caste, colour, language etc. Every person shall have equal
access to public places like public parks, museums, wells, bathing

ghats and temples etc. However, the State may make any special
provision for women and children.

Right to equality
(iii) Equality in matters of public employment:- Article 16 of the

constitution lays down that the State cannot discriminate against

anyone in the matters of employment. All citizens can apply for
government jobs.

(iv) Abolition of untouchability :- Article 17 of the constitution

abolishes the practice of untouchability. Practice of untouchability is
an offense and anyone doing so is punishable by law.
(v) Abolition of Titles:- Article 18 of the constitution prohibits the
State from conferring any titles. Citizens of India cannot accept
titles from a foreign State.

Right to freedom

Right to freedom
(i) Freedom of Speech and expression, which enable an individual
to participate in public activities. The phrase, "freedom of press"
has not been used in Article 19, but freedom of expression includes
freedom of press.
(ii) Freedom to assemble peacefully without arms, on which the
State can impose reasonable restrictions in the interest of public
order and the sovereignty and integrity of India.
(iii) Freedom to form associations or unions on which the State can
impose reasonable restrictions on this freedom in the interest of
public order, morality and the sovereignty and integrity of India.

Right to freedom
(iv) Freedom to move freely throughout the territory of India though
reasonable restrictions can be imposed on this right in the interest of
the general public, for example, restrictions may be imposed on
movement and travelling, so as to control epidemics.
(v) Freedom to reside and settle in any part of the territory of India
which is also subject to reasonable restrictions by the State in the
interest of the general public or for the protection of the schedule
tribes because certain safeguards as are envisaged here seem to be
justified to protect indigenous and tribal peoples from exploitation and
coercion.

Right to freedom
(vi) Freedom to practice any profession or to carry on any
occupation, trade or business on which the State may impose
reasonable restrictions in the interest of the general public. Thus,
there is no right to carry on a business which is dangerous or
immoral.

Right against exploitation

Right against exploitation

The abolition of trafficking in human beings and Beggar (forced
labour)
Abolition of employment of children below the age of 14 years in
dangerous jobs like factories and mines.
Trafficking in humans for the purpose of slave trade or prostitution
is also prohibited by law.

Right to freedom of religion

Right to freedom of religion

According to the Constitution, all religions are equal before the State and no
religion shall be given preference over the other. Citizens are free to preach,
practice and propagate any religion of their choice.

i. Religious communities can set up charitable institutions of their own.

ii. Activities in such institutions which are not religious are performed
according to the laws laid down by the government

iii. No person shall be compelled to pay taxes for the promotion of a

particular religion.
iv. A State run institution cannot impart education that is pro-religion

Cultural & educational

Rights

Cultural & educational

Rights
ARTICLES 29 & 30
Any community which has a language and a script of its
own has the right to conserve and develop it.
All minorities, religious or linguistic, can set up their
own educational institutions to preserve and develop
their own culture.

Right to constitutional
remedies

Right to constitutional
remedies
Right to constitutional remedies empowers the
citizens to move a court of law in case of any denial
of the fundamental rights.
This procedure of asking the courts to preserve or
safeguard the citizens' fundamental rights can be
done in various ways. The courts can issue various
kinds of writs.

Activity
Find out the meaning of These writs :
habeas corpus,
mandamus,
prohibition,
quo warranto and certiorari.

The Supreme Court shall have the power to issue directions or order
or writs including the writs in the nature of habeas corpus,
mandamus, prohibition, Quo warranto and criterion, whichever may
be appropriate for the enforcement of any of the rights conferred by
fundamental rights.
Besides the Supreme Court, the High Courts also have been given a
role in the protection of fundamental rights. Under Art. 226 of the
constitution, High Courts also can issue writs for the enforcement of
fundamental rights.
The High Courts on the other can issue writs against infringement of
fundamental rights, as well as against contravention of ordinary law
of redress grievances arising therefrom.

In case of transgression of fundamental rights the Supreme

Court or the High Courts may issue five kinds of writs.

Habeas CorpusHabeas Corpus literally meansthat human person is sacred. Hence no man may
be detained illegally. Whenever a man is detained, he must be produced before a court. This writ is
a powerful safeguard against arbitrary (Illegal)arrest and detention.

Mandamusmeaning command, mandamus calls upon public servants to perform some duties.
Thus mandamus is issued against dereliction (Neglect)of duty.

Prohibitionas the very term prohibition suggests, this writ is issued by the Supreme Court or the
High Courts, to prohibit inferior courts under them to overstep their jurisdiction.

Criterionit enables a superior court of compels inferior courts to submit records of proceedings
to the higher court.

Quo warrantoliterally means by what right. This writ is issued to determine the legality of a
persons claim to public office. The purpose of this writ is to prevent usurpation (taking someone's
power or property by force) of a public office by an undesirable or, unqualified person.

Limitations
Firstly, Article 33 empower the Parliament to modify application of
fundamental rights to armed forces and the Police to ensure proper
discharge of their duties.
Secondly, under Article 34, during the operation of Martial law in any area,
the Parliament may indemnify any person in the service of the central or a
state government for acts for the maintenance or restoration of law and
order.
Thirdly, during emergency proclaimed under Art 352 of the constitution, the
fundamental rights guaranteed to the citizens, will remain suspended. Article
358 authorize the Parliament to restrict fundamental rights guaranteed by
Art 19 during the pendency of an emergency under Article 352.

Summary