1.

DEFINE MEDIA, TYPES OF MASS MEDIA, DIFF BTW VISUAL AND

NON VISUAL MEDIA, THEIR IMPACT ON PEOPLE’S MIND, ETHICS
FOR MEDIA, EFFECT OF MEDIA ON SOCIETY,(done)
A. INTRODUCTION

Media law is a legal field that refers to the following:

Advertising, Broadcasting, Censorship, Confidentiality, Contempt, Copyright,

Corporate law, Defamation, Entertainment, Freedom of information, Internet,
Information technology, Privacy, Telecommunications

In societies, which followed communism and totalitarianism, like the former USSR and China, there were
limitations of what the media could say about the government. Almost everything that was said against
the State was censored for fear of revolutions. On the other hand, in countries like USA, which have a
Bourgeois Democracy, almost everything is allowed.

Shifting our view to the Indian perspective and its system of Parliamentary Democracy, it is true that,
the 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.

B. KIND OF MEDIA

PRINT MEDIA

Newspapers – printed and distributed on a daily or weekly basis. They include news related to sports,
politics, technology, science, local news, national news, international news, birth notices, as well as
entertainment news related to fashion, celebrities, and movies.
Magazines – printed on a weekly, monthly, quarterly, or annual basis. It contains information about
finance, food, lifestyle, fashion, sports, etc.

Books – focused on a particular topic or subject, giving the reader a chance to spread their knowledge
about their favorite topic.

Banners – used to advertise a company’s services and products, hung on easily-noticed sights to attract
people’s attention.

Billboards – huge advertisements created with the help of computers. Their goal is to attract people
passing by.

Brochures – a type of booklet that includes everything about one company – its products, services,
terms and conditions, contact details, address, etc.

Flyers – used mostly by small companies due to the low cost of advertising. They contain the basic
information about a company, their name, logo, service or product, and contact information, and they
are distributed in public areas.

BROADCASTING MEDIA

Television – in the past, there were a few channels sharing various types of content, whereas now we
have hundreds of TV channels to choose from. Each channel delivers a different type of content, so you
have a separate channel for news, drama, movies, sports, animation, nature, travel, politics, cartoon,
and religion.

Radio – uses radio waves to transmit entertaining, informative, and educative content to the public. Due
to its high reach to the audience, radio is widely used for advertising products and services. Radio is one
of the oldest means of entertainment.

Movies – film, motion picture, screenplay, moving picture, or movie has world-wide reachability. It’s the
best type of mass media to promote cultures and spread social awareness

INTERNET MEDIA

Social networks or websites – including Facebook, Instagram, Twitter, YouTube, Tumblr, LinkedIn,
Snapchat, Quora, Reddit, Pinterest, etc
Online forums - an online place where we can comment, message, or discuss a particular topic. Forums
allow us to share knowledge with other people with the same interest. That’s why it’s regarded as the
best platform to seek support and assistance.

Podcast – a series of audios focused on a particular topic or theme. We can listen to them on a
computer or a mobile phone. It’s a platform that allows anyone to share their knowledge and
communicate with the world.

C. MEDIA

The media is supposed to exist to maintain the bridge between the government and the people. The
press is also called the fourth pillar of democracy. It is necessary to take into account that the media not
only communicate but also offer their own perspective on every event that takes place.

Need for responsible media and credible information dissemination

 Media acts as a watchdog of public interest in a democracy. It plays an important role in a

democracy and serves as an agency of the people to inform them of the events of national and
international significance.
 Its importance in influencing readers can be gauged by the role it played during the freedom
struggle, politically educating millions of Indians who joined the leaders in their fight against the
British imperialism.
 It is like a mirror which reveals us the bare truth and harsh realities of life. A news media, be it in
print form or TV/radio, its main job is to inform people about unbiased news without any
censorship or tampering.

Responsibilities of a media in democracy

The fundamental objective of journalism is to serve the people with news, views, comments and
information on matters of public interest in a fair, accurate, unbiased and decent manner and language.

It purveys public opinion and shapes it. Parliamentary democracy can flourish only under the watchful
eyes of the media.

With the advent of private TV channels, the media seems to have taken over the reins of human life and
society in every walk of life.
The media today does not remain satisfied as the Fourth Estate, it has assumed the foremost
importance in society and governance. While playing the role of informer, the media also takes the
shape of a motivator and a leader.

Such is the influence of media that it can make or unmake any individual, institution or any thought. So,
all pervasive and all-powerful is today its impact on the society. With so much power and strength, the
media cannot lose sight of its privileges, duties and obligations.

D. VISUAL MEDIA NON VISUAL MEDIA DIFF BTW THEM

The difference between visual communication and non-verbal communication is that non-verbal
communication that involves sight to comprehend and receive the message is visual. Non-verbal
communication is the type of communication that doesn’t involve words. Non-verbal communication
involves not only sight but also gestures, touch, facial expressions, and body language.

Visual communication plays a vital role in retaining enthusiasm and keeping the receivers interested
during communication. It is the most ancient mode of communication. Visual communication enhances
and aids better reception of information among the receivers. This is perfectly suitable while
communicating with a larger audience. Visual communication techniques should be adopted while
communicating a complex and complicated piece of information.

Non-verbal communication is the act of sharing information without the use of words. It uses nonverbal
expressions like facial expressions, eye contact, body language, proximity, time, and posture. This type
of communication came into existence with the study of communication between animals conducted by
Charles Darwin. Non-verbal communication is believed to unveil more information and details than
verbal communication would do.

E. DIFFERENCE

Definition

 Visual communication is the type of communication in which visuals are used to

communicate or transfer information.
 Non-verbal communication is defined as sharing information and ideas without the use
of words.
Usage

 Visual communication can be the best choice to communicate with a larger and versatile
group who speak different languages.
 Non-verbal communication is mostly suited for one-to-one communication.

Involvement of sight

 All types of visual communications can also be called non-verbal communication.

 All non-verbal communication.

Example

 PowerPoint presentation, flowcharts, graphical representations, and also videos and

images.
 Handshake, shrugging, nodding the tone and pitch of one’s voice.

Level of difficulty

 It is easier to understand to any group of audience. Hence it can be widely used

irrespective of the concepts.
 It is not straightforward and requires more attention and knowledge to perceive.

F. IMPACT OF MEDIA ON PEOPLE’S MIND

Negative impact of Social Media

 Technology is double-edged.
 privacy issues, information overloads and internet fraud.
 Social media has made the world a small space by allowing mass cultural exchange and
intercultural communication.
 India being a secular country is a home for the people of various religious and cultural beliefs.
When these beliefs clash the consequences are unpleasant.
  A mere comment or opinion on a certain belief on social media spreads like fire leading to riots
and destructive rallies.
 Its heavy usage has ill effects on health issues and there is cyber bullying, online harassment and
trolling.
 The trolling of women has brought to the fore the disturbing reality of online violence and abuse
women face in India.

INFLUENCE OF MEDIA ON PEOPLE’S MIND

 A study was conducted to determine the extent to which a person’s opinion is influenced by a
group. According to it, an individual was willing to give a wrong answer just to conform to the
majority view. This also explains the impact of fake news online, which is said to contribute to a
polarised society.
 A study found that factors like user homophily and algorithmic filtering have created the cycle of
enforcing and reinforcing belief systems. This ensures that we don’t open our minds to diverse
opinions.
 User homophily means users in a social system tend to bond more with ones who are similar to
them than to ones who are dissimilar.

G. ETHICS FOR MEDIA

The media all over the world has voluntarily accepted that code of ethics should cover at least
the following areas of conduct.

 Truth and Accuracy: Journalists cannot always guarantee ‘truth’, but getting the
facts right is the cardinal principle of journalism. We should always strive for
accuracy, give all the relevant facts we have and ensure that they have been
checked. When we cannot corroborate information we should say so. For
example avoiding Yellow journalism and paid news.
 Objectivity: The absence of objective journalism leads to the false presentation
of truth in a society which affects the perception and opinions of people.
  Independence: Due to corporate control of media and profit making attitude
now days it observed that media acts less ethically & immorally on many
instances.
 Humanity: Journalists should do no harm. What we publish or broadcast may be
hurtful, but we should be aware of the impact of our words and images on the
lives of others. For example avoiding reporting based on communal angle and
creating misleading headlines as done in pandemic by few channels on tabligi
Jamaat issue.
 Responsibility and Accountability: A sure sign of professionalism and responsible
journalism is the ability to hold ourselves accountable.
 The chase for sensationalism and higher TRP rates as observed in the coverage of
26/11 terrorist attacks in India risked the internal security of the nation. The
sensationalism-driven reporting compromised the identities of rape victims and
survivors despite SC guidelines.
 Fairness and Impartiality: Most stories have at least two sides. While there is no
obligation to present every side in every piece, stories should be balanced and
add context. For example avoiding engaging in one-sided media trials as recently
done in SSR case, lobbying for personal gains, blackmailing, manipulating news
stories, engaging in malicious and defamatory reporting, running propaganda
and disinformation campaigns.

H. ROLE OF MEDIA
 Media is one of the primary mediums of information available to the public. Professionals like
investigative journalists reveal different conditions and situations worldwide via mass media.
Whether for promotion or issuing alerts, the role of media is diverse.
 Companies and governmental organizations use this medium to report relevant information on
different matters.
 Indeed, what the media shares plays a big role in shaping attitudes and changing public opinion
in different matters.

Media’s Role in Society

 Whether in democratic countries particularly or other societal structures, the role of media is
diverse.
 Different types of media, like television, newspapers, radio, and social media, deliver important
information to the public.
 Specifically, in democratic countries, the role of media is highly robust. It works as a mirror to
the government, questioning their decisions, exposing injustice, and managing public opinion.
Moreover, the media informs people without much legal knowledge about their civil rights.
 News channels and the multiple digital media types provide 24×7 information to citizens.
 Media performs guardians’ responsibility and works as a mouthpiece for the public and their
thoughts. It challenges the powers-to-be to take necessary actions for social injustice.
 With different media sources across many platforms, the public can differentiate between true
fact from biased content.

Benefits of Social Media for Governments

 In the context of the role of media in society, digital media is the current form of preferred
medium. Social media is a powerful tool for managing and shifting public sentiments and
information management among the different types.
 So, governments depend on social media highly currently for public interaction and
administration. There are multiple reasons for the government’s increasing usage of social
media.

Communication about crisis

 Through social media platforms, the governments of different countries can communicate
information about major crises directly to the public. The ones in power use this medium to
soften the tensions of their citizens and provide the necessary updates.
 The public turns to the message boards and social media posts from authorized personnel for
crisis-related information. Plus, governments can communicate what they are doing for
prevention, safety, and maintenance.

Information about true news

 Through social media, governmental organizations can address concerns and misinformation
fast, especially in times of panic. They can detect and mention the inaccuracies in wrong sources
and avoid false information spreading.

Engagement with citizens

 One major role of the media in the government is to increase engagement between the central
power and the citizens. With personalized and informative content on display about the issues
and policies, the public trust can grow.

Cost-saving

 Instead of the conventional public outreach methods, social media-based information

exchanges cost less. So, governmental agencies adopt this to reduce advertising and public
relations expenses.

I. PROBLESM WITH MEDIA

 Paid news: It is one of the biggest threats to journalism. The origins of the unethical practice of
paid news can be trace back to the liberalisation of the Indian economy in 1991. With market
forces at play and public investment in private companies, journalists found it sometimes
lucrative to write only partially true stories of companies waiting to list on the stock exchanges.
 Media Trail: Media trial can be defined as a trial parallel to the court of law in which the media
house declares a person innocent or guilty before the final judgment of the court based on
debates and discussions.
 Sidelined real issues: The media often portray non-issues as real issues, while the real issues are
sidelined. The real issues in India are economic, that is, the terrible economic conditions in
which 80 per cent of our people are living, the poverty, and unemployment, lack of housing and
medical care and so on. Instead of addressing these real issues, the media often try to divert the
attention of people to non-issues.
 Lack of transparency: India is one of the biggest media markets. Only a few people control the
ownership. The transparency in the inner structure of media organizations is dwindling, putting
the credibility of media at stake.
 Opaque private treaties: There has been growing nexus of politicians and corporate entities in
the news media through such schemes. Indian media today are trapped by power centres,
business tycoons and Indian state authorities converting their role of watchdog to lapdog.
 Widening legal regulatory gap: The Press Council of India has dragged its feet on addressing paid
news and other unethical practices. There have been growing practices of advertisements being
published as news for a fee. This has severely affected their credibility.
 Flawed measurements of audience reach and readership : The yardsticks to measure the reach
and impact of the Indian media are dubious. Television ratings also fail to tell the real picture.

2. FREEDOM OF PRESS TO MEDIA, GROUNDS OF RESTRICTION ON

THEM UNDER CONSTITUTION, FREEDOM OF PRESS AS
FUNDAMENTAL RIGHT, WHETHER PAGE AND CONTROL
RESTRAINT THE FREEDOM OF PRESS, STATE OWNERSHIP OF
PRESS, SIGNIFCANCE OF PUBLIC OWNERSHIP? LEGISLATIVE
POWER OF STATE AND CENTER TO REGULATE MEDIA U/A 246
AND 7TH SCHEDULE.(done)

A. INTRODUCTION
 The rights of the press in India arise out of the freedom of speech and expression under Article
19(1)(a) of the Constitution. The press have a variety of rights including the right to publish, right
to circulate, right to receive information, right to advertise, right to dissent, etc.
 The press and media have the same rights — no more or no less than any individual to write,
publish, circulate and broadcast information. The press derives this right from the right to
freedom of speech and expression in Article 19(1)(a) of the Constitution of India, 1950.
  The freedom of speech and expression involves the right to express by word of mouth, writing,
printing, pictures or any other manner. It includes the freedom of communication and the right
to propagate or publish one’s view.
 Besides the restrictions imposed on the press by the Constitution, there exists various other
laws which further curtail press freedom and the right of the citizen to information as well as the
right to freedom of speech and expression. They are all in force in the interest of public order of
the sovereignity and security of the state.

B. FREEDOM OF PRESS AS A FUNDAMNETAL RIGHT

RIGHT TO PUBLISH AND CIRCULATE

 The right to free speech and expression which the press have includes the right not only to
publish but also to circulate information and opinions. Many cases including Romesh Thappar v
State of Madras (1950) have held the freedom of circulation to be as essential as the freedom of
publication.
 The Supreme Court in the case Bennet Coleman and Co. v Union of India (1972) held that
newspapers should be left to determine their pages and their circulation. The same principle
was upheld in Sakal Papers v Union of India (1962) where the Supreme Court stated that States
cannot make laws which directly violate the freedom of speech and expression guaranteed
under the Constitution.

SEDITION AND RIGHT TO DISSENT

 Freedom of speech and expression under Article19(1)(a) of the press also covers the right to
criticize the government as well as the right to hold unpopular or unconventional views. The law
commonly used to curtail such criticism is known as the sedition law under Section 124-A of the
Indian Penal Code, 1860.

RIGHT TO RECEIVE INFORMATION

 The freedom of speech and expression comprises not only the right to express, publish and
propagate information through circulation but also to receive information. Indian citizens
including the press have the right to ask for information from public bodies through the Right to
Information Act, 2005.
  Any citizen, including the press can make an application for information and can access
information such as details of project budgets, implementation status, the status of any
complaint/application they have made to any government body. Such an application is
commonly referred to as an RTI or RTI application. Read more here.

RIGHT TO CONDUCT INTERVIEWS

 The right to conduct interviews is a limited right of the press and can only be exercised if there is
willing consent from the person being interviewed. There are several cases of the Supreme
Court where the right of the press to interview convicts or undertrials has been examined.
 In Prabha Dutt v Union of India (1982) the press was seeking to interview prisoners in jail. The
Court held that the press does not have an absolute or unrestricted right to information and an
interview may be conducted only if the prisoners give their consent.

RIGHT TO REPORT COURT PROCEEDINGS

 Journalists have the right to attend proceedings in court and the right to publish a faithful report
of the proceedings witnessed and heard in Court. Courts also have the power to restrict the
publicity of proceedings in the interest of justice.
 The Supreme Court case Naresh Shridhar v State of Maharashtra (1967) clarified this further
stating that Courts can hold “in camera proceedings”, restricting access to the public and the
press, where the Court feels that justice would be defeated if the case were to be tried in open
Court.
 The press also have a right to report legislative proceedings of the Parliament and State
Assemblies as long as the publication is untainted by malice. This is a right that is also given in
the Parliamentary Proceedings (Protection of Publication) Act, 1977.

RIGHT TO ADVERTISE

 The freedom of speech and expression under Article 19(1)(a) of the Constitution of India, 1950
also includes the right to advertise or the right of commercial speech. This right was upheld in
the case of Tata Press Ltd v. MTNL (1995).
 The Supreme Court in Hindustan Times v State of UP (2003) discussed the important role
advertisements play in generating revenue and how they have a direct impact on circulation,
thus reiterating the right to advertise in newspapers.
  The Supreme Court in Sakal Papers v Union of India (1962) stated that the curtailment of
advertisements is a violation of the freedom of speech and expression under Article 19(1)(a) of
the Constitution of India, 1950 as it would have a direct impact on the circulation of
newspapers.

C. GROUNDS FOR RESTRICTIONS ON MEDIA

SECURITY OF THE STATE: Reasonable restrictions can be imposed on the freedom of speech and
expression, in the interest of the security of the State. The term security of state has to be distinguished
from public order. For security of state refers to serious and aggravated forms of public disorder,
example rebellion, waging war against the state [entire state or part of the state], insurrection etc. In
the case of People’s Union for Civil Liberty y versus Union of India AIR 1997 SC 568 a public interest
litigation (PIL) was filed under Article 32of the Indian Constitution by PUCL, against the frequent cases of
telephone tapping. The validity of Section 5(2)of The Indian Telegraph Act, 1885 was challenged.
Telephone tapping, therefore, violates Article 19(1) (a) unless it comes within the grounds of reasonable
restrictions under Article 19(2).

FRIENDLY RELATIONS WITH FOREIGN STATES: This ground was added by the Constitution (First
Amendment) Act of 1951. The State can impose reasonable restrictions on the freedom of speech and
expression if it hampers the friendly relations of India with other State or States.

PUBLIC ORDER: This ground was added by the Constitution (First Amendment) Act, 1951 in order to
meet the situation arising from the Supreme Court’s decision in Romesh Thapar’s, case (AIR 1950 SC
124). As per hon’ble Supreme court, public order is different from law and order and security of state.
The expression ‘public order’ connotes the sense of public peace, safety and tranquillity. Anything that
disturbs public peace disturbs public order. But mere criticism of the government does not necessarily
disturb public order. A law, which punishes the deliberate utterances hurting the religious feelings of
any class has been held to be valid and reasonable restriction aimed to maintaining the public order.

DECENCY AND MORALITY Section 292 to 294 of the Indian Penal Code provide instances of restrictions
on the freedom of speech and expression on the grounds of decency and morality, it prohibits the sale
or distribution or exhibition of obscene words. The standard of morality changes with changing times.
The Supreme Court in Ranjit D. Udeshi v. State of Maharashtra (AIR 1965 SC 881) upheld the conviction
of a book seller who was prosecuted under Section 292, I.P.C., for selling and keeping the book Lady
Chatterley’s Lover.
CONTEMPT OF COURT: The constitutional right to freedom of speech would not allow a person to
contempt the courts. The expression Contempt of Court has been defined Section 2 of the Contempt of
Courts Act, 1971. The term contempt of court refers to civil contempt or criminal contempt under the
Act. In E.M.S. Namboodripad v. T.N. Nambiar (1970) 2 SCC 325; AIR 1970 SC 2015), the Supreme Court
confirmed the decision of the High Court, holding Mr. Namboodripad guilty of contempt of court.

DEFAMATION: The clause (2) of Article 19 prevents any person from making any statement that defames
the reputation of another. Defamation is a crime in India inserted into Section 499 and 500 of the I.P.C.
Right to free speech is not absolute.

INCITEMENT TO AN OFFENSE: This ground was also added by the Constitution (First Amendment) Act,
1951. The Constitution also prohibits a person from making any statement that incites people to commit
offense.

SOVEREIGNTY AND INTEGRITY OF INDIA: This ground was added subsequently by the Constitution
(Sixteenth Amendment) Act, 1963. This is aimed to prohibit anyone from making the statements that
challenge the integrity and sovereignty of India.

D. WHETHER PAGE AND CONTROL RESTRAINT THE FREEDOM OF

PRESS………………covered in right to publish and circulate in
romesh thapar case.
E. STATE OWNERSHIP OF PRESS………………………………………..
F. SIGNIFICANC OF PUBLIC OWNERSHIP OF PRESS…………………….
G. IMPORTANCE OF FREEDOM OF PRESS
 Free exchange of ideas: The press inspires people to think beyond the social norms and gives
a platform to exchange ideas and thoughts that deserve to be heard by people all around
the nation.
 Holding the person or body accountable for their actions : Often, people try to cover up their
actions and settle a case without bringing the media into it. The press brings to light such
situations and makes sure that justice is served correctly with the backing of the common
people.
  Voice of the people: The press acts as a channel which writes and speaks the thoughts of the
majority of people. It focuses on the issues that are suppressed and brings forward the ones
that should be talked about.
 Fourth pillar of democracy: Since the media is an independent body that challenges the
Government, it can be referred to as the fourth pillar of democracy alongside the judiciary,
legislative and executive bodies of the Government.

H. THREATS TO FREEDOM OF PRESS

 Fake News: The government's regulation pressure, the bombardment of fake news, and
the influence of social media all pose a dangerous threat to the occupation.
 Paid News: Paid news, advertorials, and fake news are all threats to free and unbiased
media.
 Attacks on Journalists: The safety of journalists is the most pressing concern; killings and
assaults on journalists covering sensitive issues are very common.
 Hate speech directed at journalists is shared and amplified on social media networks.
 Biased Media: Corporate and political power have overwhelmed large sections of media,
both print and visual, resulting in invested interests and the destruction of freedom.

I. LEGISLATIVE POWER OF STATE AND CENTER TO REGULATE MEDIA

U/A 246 AND 7TH SCHEDULE TO CONTROL
PRESS……………………………………………………………………………………
J. MEASURES TO IMPROVE MEDIA

Bringing responsibility in media: The government should strive to establish a working environment
in which journalists understand their responsibility as people who work in the industry and as
citizens in democracy, applying judgment and ethical standards in their reporting, and self-scrutinize
and self-control their activities.

Transparency in the functioning: The Press Council should publicize itself, its powers, its work and its
adjudication so as to make itself known to the public and to gain its trust.

Adopting code practices: Freelance journalists should make themselves familiar with the respective
code for practice of the newspaper for which they are writing.
Undertaking oath: Journalists should adopt their own Journalist oath, in the same manner as the
Hippocratic Oath in medicine.

K. SUGGESTION

Strengthening the Institutional Framework: The Press Council of India, a regulatory body, has the
authority to warn and regulate the media if it finds that a newspaper or news agency has violated
media ethics.

The News Broadcasters Association (NBA), which represents private television news and current
affairs broadcasters, should be granted statutory status.

Combating Fake News: In order to restore faith in media without compromising its freedom, it will
be required public education, strengthening of the regulations, and efforts by tech companies to
develop a suitable algorithm for news curation.

Media Ethics: It is critical that the media adhere to the core principles such as truth and accuracy,
independence, transparency, fairness and impartiality, responsibility, and fair play.

3. FEATURE OF WORKIGN JOURNALIST ACT 1958, LAW

RELATED TO WORKIGN JOURNALIST
A. INTRODUCTION
 An act to regulate certain condition of service of working journalist and other persons employed
in newspaper sector.
 Act is associated with ministry of labour and employment
 Ordiance was promulgagated on 14th jan 1958, which was later replaced by act
 Provision related to industrial dispute act 1947 shall apply to journalist.
B. CONSTITUTION OF COMMITTTE UNDER SECTION 3
(i) an officer of the Ministry of Law not below the rank of Joint Secretary, nominated by the
Central Government, who shall be the Chairman of the committee;

(ii) three persons nominated by the Central Government from among the officers of each of the
Ministers of Home Affairs, Labour and Employment and Information and Broadcasting;

(iii) a chartered accountant nominated by the Central Government.

In case of vacancy, central govt may appoint.
The Central Government may appoint a Secretary to the Committee, and may also provide the
Committee with such other staff as may be necessary.
The Secretary shall perform such functions of a ministerial or other nature as the Committee or
the Chairman thereof may assign or delegate to him.

C. FUNCTION OF COMMITTEE
 Committee shall call upon newspaper establishment and working journalist and other person
interested in wage borad decision to make representation by notice in writing.
 Such representation shall be in writing, and be made within 30 days of issue of notice
 The Committee shall take into account the representations aforesaid,
 The Committee may, if it thinks fit, take up for consideration separately groups or classes of
newspaper establishments, whether on the basis of regional classification or on any other basis,
and make recommendations from time to time in regard to each such group or class.

D. POWER OF COMMITTEE
 Committee may exercise all or any of the powers which an industrial tribunal, constituted under
the Industrial Disputes Act, 1947, exercises for the adjudication of an industrial dispute referred
to it.
 Any representations made to the Committee and any documents furnished to it by way of
evidence, shall be open to inspection on payment of such fee as may be prescribed by any
person interested in the matter.
 examine the accounts or documents or obtain the statements from the person.
 exercise all or any of the powers which an industrial tribunal may exercise
  any corresponding provision in any other law for the time being in force relating to the levy of
any tax shall apply to the disclosure of any of the particulars referred to therein in any report
made to the Committee by an authorised officer.
 Any information obtained by an authorised officer in the exercise of any of his powers and any
report made by him shall, , be treated as confidential but nothing in this sub-section shall apply
to the disclosure of any such information or report to the Central Government or to a Court in
relation to any matter concerning the execution of this Act.
 authorised officer shall be deemed to be a public servant within the meaning of section 21 of
the Indian Penal Code
 after the receipt of the recommendations of the Committee, the Central Government shall make
an order in terms of the recommendations or subject to such modifications,
 refer the recommendations to the Committee, in which case the Central Government shall
consider its further recommendations and make an order either in terms of the
recommendations
 Every order made by the Central Government shall be published in the Official Gazette together
with the recommendations of the Committee relating to the order, and the order shall come
into operation on the date of publication or on such date, whether prospectively or
retrospectively, as may be specified in the order.

E. POWER OF CENTRAL GOVERNMETN TO ENFORECE

RECOMMENDATION OF COMMITTEE

(1) after the receipt of the recommendations of the Committee, the Central Government shall make an
order in terms of recommendations as it thinks fit being modifications which, in the opinion of the
Central Government, do not affect important alterations in the character of the recommendations.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, if it thinks fit,-

o make such modifications in the recommendations not being modifications of the nature
referred to in sub-section (1), as it thinks fit
o refer the recommendations or any part thereof to the Committee,

(3) Every order made by the Central Government shall be published in the official Gazette together with
the recommendations of the Committee relating to the order, and the order shall come into operation
on the date of publication or on such date, whether prospectively or retrospectively, as may be specified
in the order.

F. WORKING JOURNALISTS ENTITLED TO WAGES AT RATES NOT LESS

THAN THOSE SPECIFIED IN THE ORDER UNDER SECTION 7

Every working journalist shall be entitled to be paid by his employer wages at a rate which shall in no
case be less than the rate of wages specified in the order.

G. RECOVERY OF MONEY DUE TO WORKING JOURNALISTS UNSER

SECTION 9

(1) Where any amount is due under this Act to a working journalist from an employer, the working
journalist himself, or any other person authorized by him in writing in this behalf or in the case of the
death of the working journalist, any member of his family may] without prejudice to any other mode of
recovery, make an application to the State Government for the recovery of the money due to him, and if
the State Government, or such authority as the State Government may specify in his behalf is satisfied
that any money is so due, it shall issue a certificate for that amount to the Collector, and the Collector
shall proceed to recover that amount in the same manner as an arrear of land revenue.

If any question arises as to the amount due under this Act to a working journalist from his employer, the
State Government may, on its own motion or upon application made to it, refer the question to any
labour Court constituted by it under the Industrial Disputes Act, 1947 -,

(3) The decision of the labour Court shall be forwarded by it to the State Government which made the
reference, and any amount found due by the labour Court may be recovered in the manner provided in
sub-section (1).

H. AUTHENTICATION OF ORDER, LETTERS, ETC. OF THE COMMITTEE

SECTION 10
[All notices, letters, authorizations, orders, or other documents to be issued or made by the Committee
under this Act may be authenticated by the Chairman or Secretary thereof or any other officer
authorized by the Committee in this behalf and any notice, letter, authorization, order or other
document so authenticated shall be presumed to have been duly issued or made by the Committee.]

I. EFFECT OF ACT OVER WORKING JOURNALIST ACT, ETC SECTION 11

(2) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in the
terms of any award, agreement or contract of service, whether made before or after the
commencement of this Act : Provided that where under any such award, agreement, contract of service
or otherwise, a working journalist is entitled to benefits in respect of any matter which are more
favourable to him than those to which he would be entitled under this Act, the working journalist shall
continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that
he receives benefits-in respect of other matters under this Act.

(3) Nothing contained in this Act shall be construed to preclude any working journalist from entering
into any agreement with an employer for granting him rights or privileges .in respect of any matter
which are more favourable to him than those to which he would be entitled under this Act.

J. SECTION 12: VACANCIES ETC. NOT INVALIDATE PROCEEDINGS OF

COMMITTEE
No act or proceeding of the Committee shall be invalid merely by reason of the existence of any vacancy
among its members or any defect in the constitution thereof.

K. SECTION 12A: PENALTY

(1) Any employer who contravenes the provisions of Sec. 7 shall be punishable with fine which may
extend to two hundred rupees.

(2) on repetition of offence under above section, he/she shall be punishable with fine which may extend
to five hundred rupees.

(3) Where an offence has been committed by a company, every person who, at the time the offence was
committed, was in charge of, and was responsible to, the company, for the conduct of the business of
the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly : Provided that noting contained in this sub-section shall
render any such person liable to any punishment provided in this section if he proves the offence was
committed without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.

(4) Notwithstanding anything contained in sub-section (3), where an offence under this section has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of or that the commission of the offence is attributable to any gross negligence on the part
of any director, manager, secretary, or other officer of the company, such director, manager secretary or
other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded
against and punished accordingly.

L. SECTION 13: POWERS TO MAKE RULES

(1) The Central Government may, by notification in the official Gazette, make rules to carry out the
purpose of the Act.

(2) rules for:-

o the manner in which notices under this Act may be published;

o the procedure to be followed by the Committee in the exercise of its powers under
this Act;
o the powers and functions of the Committee which may be delegated to any of its
members;
o the fees to be paid for inspection of documents furnished to the Committee.

7[(3) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

M. RECOMMENDATIONS

Amendment of criminal laws in India in compliance with international principles to preserve

freedom of speech and expression.
 Proper discussion with all the stakeholders before introducing and modifying any particular law on
censorship.

Creation of rules and procedures which are proactive and non-punitive to address hate speech etc.
The process may involve raising public awareness, combating indecent misinformation and
improving protection to protect a community at risk.

Artistic expression and creative freedom should not unduly be curbed and certification should be
responsive to social change.

4. CENSORSHIP, CENSORSHIP OF MEDIA AS PUBLIC AND PRIVATE

MEDIA, IS CENSORSHIP CONSTITUTIOANLY VALID,
CONSTITUTIOANLITY OF FIL,S, PRE- CENSORSHIP
CONSTITUTIOANLITY, WHY PRE- CENSORSHIP ESSENTIAL, FILM
CENSORSHIP UNDER CENSORSHIP ACT, DIFF BTW FILM AND PRESS

A. INTRODUCTION

Censorship refers to regulation and suppression of speech and writing perceived to be detrimental to
the public good. It includes the review of media content that can be deemed pornographic, politically
offensive, or a security threat. It also includes official prohibition or restriction of any type of expression
believed to threaten the political, social, or moral order. It can be imposed by a government authority,
sometimes by a religious authority and occasionally by private organizations.

B. CAUSES OF CENSORSHIP

Political reasons – Many times governments do not allow the publication of certain kinds of information
on the grounds of being critical of it or some political party in the ruling.
Social reasons – The disclosure of some kinds of information may create social disharmony due to which
they are held back or censored.

Moral reasons – Any content that is considered to be violating the moral code of conduct in society is
censored. This may include pornographic content, content promoting racial and gender inequality or
discrimination and others.

Religious reasons – Any type of information that may hurt the religious feelings of some community in
society is often held back. Countries that have particular state religion also tend to restrict such speech
and expression in any form that may be blasphemous.

Security reasons – Information that may harm the security of a state is often held back from publication.
Such disclosure may risk the security of a particular region against foreign invasion and terrorist threats.

C. EFFECT OF CENSORSHIP

Pros – Although censorship is viewed negatively, it is not evil all the time; it has some positive aspects as
well. Censorship prevents disharmony in society by prevention of disclosure of objectionable content
that can lead to communal discord, preserves the security of the state, maintains morality in the society,
prohibits the spread of false beliefs or rumours, curbs access to harmful activities by preventing their
public display and others.

Cons – Censorship also leads to excess restriction on freedom of speech and expression. Most of the
time it is used to silence those who are critical of those who are in power. Thus, it may harm healthy
debate and criticism in society. In this way, it gives prominence and authority to a single group of
people. It often becomes an instrument of harassment of those seeking free speech.

D. LANDMARK CASES AND CONSTITUTIONALITY OF CENSORSHIP

The Supreme Court of India in the K.A. Abbas vs the Union of India case upheld restrictions on public
exhibition under Cinematograph Act, 1952, and rejected a petition that challenged the Act’s powers of
censorship. The Court ruled that prior censorship fell within the reasonable restrictions permitted on
free expression and that the Act was sufficiently clear to avoid the arbitrary exercise of the powers
therein.
Constitutionality of censorship was also held in S. Rangarajan v. P. Jagjivan Ram. The Court opined that
cinema caters for a mass audience who are generally not selective about what they watch. It cannot be
allowed to function in a free market place just as does the newspapers and magazines. Censorship by
prior restraint is, therefore, not only desirable but also necessary.

The Supreme Court through various judgments also upheld the dignity of the press and freedom it
enjoys by nullifying the attempts to put a curb on it. These cases include the Brij Bhusan case, Sakal
Papers case, Romesh Thapper case, the Indian Express Newspaper case, the Bennett and Coleman case
and others.

E. CENSHORSHIP AND INTERNATIONAL LAW

Article 19 of the Universal Declaration of Human Rights(UDHR) states that 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.

Article 19 of the International Covenant on Civil and Political Rights(ICCPR) similarly states that everyone
has the right to freedom of expression; this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of
art, or through any other media of his choice. However, it carries with it certain duties and
responsibilities.

Along with these, the Special Rapporteur’s Reports on Free Speech and other records of human rights
tie to India which are related to free speech and expression.

F. CENSHORSHIP IN INDIA

During the British Rule

From 1780 onwards, the Company carefully monitored each piece of newsprint that was being
circulated within its territories.

In 1799, the Censorship of Press Act was enacted by Lord Wellesley, anticipating the French invasion of
India. As per this act, every newspaper should print the names of the printer, editor and proprietor.
Before printing any material it should be submitted to the secretary of Censorship.
In 1823, the acting governor-general, John Adams enacted the Licensing Regulations to monitor press
freedom in India. As per the regulations, starting or using a press without a licence was a penal offence.

new Press Act (1835)- The Act required a printer/publisher to give a precise account of premises of a
publication and cease functioning if required by a similar declaration.

In 1857, the Licensing Act- This Act imposed licensing restrictions in addition to the already existing
registration procedure laid down by Metcalfe Act and the Government reserved the right to stop
publication and circulation of any book, newspaper or printed matter.

In 1867, the Registration Act was introduced

(i) every book/newspaper was required to print the name of the printer and the publisher and the
place of the publication;
(ii) and (ii) a copy was to be submitted to the local government within one month of the
publication of a book.

Vernacular Press Act, 1878 - The Act forced all Indian publications to apply for a government license
while also making sure that nothing was written against all the British government, nor was the
government in any way threatened.

Film censorship in India began in 1918. In 1917, a bill was introduced in the imperial legislative council
which noted that there was a rapid growth in the popularity of cinematograph and an increasing
number of such exhibitions in India. The Bill recommended the creation of a law that would ensure both
safety and the “protection of the public from indecent or otherwise objectionable representations”. As a
result, the Cinematograph Act of 1918 came into existence.

In 1931, the Press Emergency Act was enacted. It was enacted in reaction to Gandhi’s call to mobilise
people for the Salt Satyagraha.

The government during the Second World War to suppress popular Indian opinion introduced strict
censorship while the Indian Press (Emergency Powers) Act, 1931 was already in force. Under the
Defence of India Rules, repression was imposed and amendments made in the Press Emergency Act and
Official Secrets Act. It monitored and manipulated foreign news which was coming in, and intentionally
generated, systematically propaganda-rooted news.

After Independence
The Cinematograph Act of 1918 was abolished and it was later replaced with a similar law the
Cinematograph Act of 1952. Over the next few years, a Central Board of Film Censors (CBFC, renamed as
Central Board of Film Certification in 1983) was set up, regional boards were abolished. The Central
Board of Film Certification (CBFC) comes under the Ministry of Information and Broadcasting purview. It
assigns various certifications such as Universal, Adults, and Parental Guidance to India’s films before
releasing.

During the emergency period, there was a huge blow of censorship on the Indian media. In 1978, the
Press Council of India Act came into being. The Press Council of India was established under its purview.
It sought to preserve the press’s freedom and maintain and improve the standards of newspapers and
news agencies in India. The PCI has the power to receive complaints of violation of journalistic ethics or
misconduct by an editor or journalist. The decisions of the PCI are final and cannot be appealed before a
court of law.

While the Cinematograph Act exists for the regulation of films, the Cinematograph Rules, 1983, govern
the public exhibition of movies, and the Programme and Advertising Code prescribed under the Cable
Television Network Rules,1994, regulates the broadcast of films on television.

The Information Technology Act, 2000(“IT Act”) deals with censorship of online content. Sections 67A,
67B and 67C of the Act provide for penalty and imprisonment for publishing or transmitting obscene
material, sexually explicit material and also material depicting children in sexually explicit acts, in
electronic form. Under Section 69A of the IT Act, the Central Government is empowered to issue
directions to block public access to any information.

To monitor the content on the OTT (Over the Top) platforms, the Ministry of Information and
Broadcasting (MIB) recently notified the Information Technology (Guidelines for Intermediaries and
Digital Media Ethics Code) Rules 2021 (Rules). The Rules seek to introduce a code of ethics to set out
guidelines for classification of content based on viewer’s age, themes, content, tone and impact, and
target audience; and requires OTT platforms to give due consideration to sovereignty, security, friendly
relations of India, etc. It also requires the setting up of a robust three-tier grievance redressal
mechanism.

G. IMPORTANCE FO CENSORSHIP
Political criticism
Anti-India sentiment is generally not tolerated in Indian media. Political information can be
blocked by court and government orders, though public records of these instances are limited.
Social media platforms
Social networks and internet platforms suffer extensively from censorship by Indian government
agencies. Big tech companies are regularly asked to remove posts that express criticism of
Indian premier Modi or the way the Indian regime executes its policies.
During the COVID-19 pandemic, healthcare systems in India were gripped by deadly wave after
deadly wave of the coronavirus pandemic. The government was quick to censor any criticism of
the way it handled the pandemic.
China-based platforms TikTok and WeChat are permanently banned in India. When it launched
in 2016, TikTok became an instant success in India, primarily because the app supported 15 local
languages. In 2020, the app was banned over “security concerns.” As of October 2022, it’s still
banned.

Pornographic content
Viewing adult content in private spaces is not illegal in India. It falls under the right to personal
liberty.

Pornographic websites, however, are considered to violate a “morality and decency” clause in
the Indian constitution that justifies restrictions on free speech.

Using these grounds for justification, the Department of Telecommunications ordered several
Internet Service Providers to ban a total of 857 pornographic websites, back in 2015. A few days
later, this ban was lifted again.

Now, restrictions are aimed at the publication or transmission of pornographic material. Anyone
who shares “obscene material” in electronic form can be punished with a three- to a five-year
jail term.

File-sharing websites, in general, face some censorship. For example, WeTransfer is blocked on
the basis of protecting public interest and national security.
 H. FILMS CENSHORSHIP UNDER CENSORSHIP
ACT……………………………………………………………………………………..

I. MEDIUM OF CENSORHSIP
https://testbook.com/ias-preparation/censorship-laws-in-india/, YHA SE MEDIUM PADH LENA,
COPY PASETE NHI HO RAHA H.

5.FEATUER OF PRESS COUNCIL ACT 1978, ORG

AND FUN OF PRESS COUNCIL ACT, PROCEDURE
FOR CONSTITUTION,
A. INTRODUCTION

In a country like India, the Press Council is a quasi-judicial statutory unique body that includes the whole
print media industry. Media is said to be the fourth pillar for democracy as it works as the eyes and ears
of society. For a very long time, in every place in the world, whenever and wherever the norms of the
society are violated by the media industry and the unprofessional conduct of the press impairs its
freedom, the authorities, as well as the Press itself, has felt the necessity of such a mechanism or any
way that can keep an eye on it and control it.

The Press Council Act was 1st established in 1965 to regulate the practices and actions of the press and
maintain its standards. However, it was abolished in 1975 during the National Emergency. In 1978, for
the purpose of protecting the freedom of the press and also to fulfill the objective of maintaining the
standards of various media industries such as various newspaper and news agencies in India, the Press
Council Act, 1978 was established and then under this Act, as per its chapter II, the Press Council of India
was established on 1st March 1979

B. COMPOSITION OF PRESS COUNCIL OF INDIA

Section 4 of the Act states the composition of the Council. The Press Council Act 1965 provided that the
Press Council consists of a Chairman with 25 members which were changed to 28 members other than
the Chairman by the Press Council Act, 1978. The 28 members of the Council include 2 members from
the Rajya Sabha, 3 from the Lok Sabha, 7 working journalists, 6 newspaper editors, 1 member involved
in the managing of news agencies, and 6 members managing newspapers.

The Chairman shall continue in the office for a term of three years and the conditions of service of the
Chairman shall be determined by the Central Government. The meetings of the Council and the norms
to be followed in its proceedings shall be specified according to the regulations formulated under the
Act.

C. FUNCTION OF PCI
 Helping newspapers in maintaining their independence;
 Building up a code of conduct for journalists and newspapers according to the high professional
standards;
 Ensuring that the newspapers and journalists maintain high standards of public taste and foster
a due sense of both the rights and responsibilities of citizenship;
 Encouraging the growth of a sense of responsibility and public service among all those engaged
in the profession of journalism;
 Reviewing any development which is likely to restrict the supply and dissemination of news of
public interest and importance;
 Reviewing such cases where assistance has been received by any newspaper or news agency in
India from foreign sources, as are referred to it by the Central Government;
 Promoting the establishment of such common service for the supply and dissemination of news
to newspapers as may, from time to time, appear to it to be desirable;
 Providing facilities for the proper education and training of persons in the profession of
journalism;
 Promoting the proper functional relationship among all classes of persons engaged in the
production or publication of newspapers;
 Studying developments that may lead towards monopoly or concentration of ownership of
newspapers, including a study of the ownership or financial structure of newspapers, and if
necessary, to suggest remedies.
  Promoting technical or other research.
 Doing such other acts as may be incidental or conducive to the discharge of the above functions.

D. POWER OF PCI

Power to censure : Section 14

This section provides that if a complaint is made to the council, the council would give the newspaper,
news agency, editor or journalist concerned an opportunity of being heard and hold an inquiry as
provided under the regulations of this act. The council would not entertain a complaint if in the opinion
of Chairman there is no sufficient ground for holding an inquiry. But this section does not empower the
council to hold an inquiry into any matter in respect of which any proceeding is pending in the court of
law. The decision of the council shall be final and shall not be questioned in any court of law.

General powers of the Council: Section 15

This section provides that for performing its function or for the purpose of inquiry, the council shall have
the same powers throughout India as are vested in a Civil court while trying a suit under the Code of
Civil Procedure, 1908. But, this cannot compel any newspaper, news agency, editor or journalist to
reveal the source of any news or information published. Furthermore, every inquiry held by the council
shall be deemed to be a judicial proceeding under sections 193 and 228 of the Indian Penal Code.

E. LIMITATION ON POWER OF PCI

There are some restrictions to the powers of the Council such as it cannot penalize and punish the
subjects and can only issue guidelines. It can only overview the functioning and working of the press and
regulate the print media but does not have the power to regulate any form of electronic media like TV
and radio.

F. COMPLAINT PROCEDURE UNDER ACT

U/S 14 of PCI: Complaint against newspaper, editor or journalist: A complaint with the Press Council can
be filed by any person, if there is a breach of the recognized ethical standards of journalism by the
publication or non-publication of a news-statement or article, cartoon, advertisement, etc which is
published in a newspaper.
The complainant firstly has to write to the editor of the newspaper drawing his attention towards what
the complainant finds objectionable. This gives the editor the opportunity to deal with the matter and
take the necessary steps as in many cases the facts are usually misinterpreted by the complainant, or
there is an error which the editor is ready to admit and correct.

If the Complainant is satisfied the matter ends here, but if he is not satisfied then he can take further
steps which is to refer to the Press Council.

The complaint should contain the name and address of the editor, journalist or newspaper against
whom the complaint has been drawn along with this he has to state in what manner the particular
news-article, statement, cartoon, advertisement, etc is objectionable within the meaning of Press
Council Act,1978 and has to provide all the relevant particulars(copies of correspondence with the
editor and a declaration that no proceedings are pending in any court of law).

As per the Press Council (Procedure for Inquiry) Regulations, 1979, the complaint has to be filed within
two months in the case of dailies, news agencies, and weeklies. In all the other cases it has to be filed
within four months.

U/S 13 of PCI

Complaint by a newspaper, editor or journalist regarding abuse to freedom of press: a complaint can be
produced against the Government, Organization or any other individual encroaching on the freedom of
the press. The complaint should contain all the details of the respondent as well as the alleged
infringement and if the cause of action is a reprisal measure of any article, all the details need to be
produced before the council.

As per the Press Council (Procedure for Inquiry) Regulations, 1979, the complaint has to be filed within
four months from the date of cause of action, the Chairman can condone the delay if satisfied that a
sufficient reason existed for such condonation.

G. THE PCI 1978

The Press Council Act consists of 4 Chapters. This Act extends to the whole of India. Chapter I of this Act
deals with the short title, long title, and defines certain terms. Chapter II of the Act deals with the
establishment of the Press Council of India and it includes its incorporation, its composition, the term of
office, retirement, and conditions of service of its members, meetings, and committees of the council,
authentication of orders and other instruments of the Council. Chapter III of the Act deals with the
objectives of the Council and its powers and functions. Chapter IV deals with the miscellaneous issues of
the Council.

H. PCI AS SAFEGUARD OF FREEDOM OF SPEECH AND EXPRESSION

“Freedom of the press is a precious privilege that no country can forgo” – M. K. Gandhi

Safeguarding the freedom of press was the first objective of the Council but it has failed to protect the
same. There have been various threats to the freedom of press, in the form of pressurizing or
intimidating them for the views expressed in paper, coercing newspapers from publishing facts, group
raids on newspaper offices by unruly mobs, filing of motivated cases against a journalist for the sole
purpose of harassing & victimization, browbeating by police and ministers,being slapped with hefty
defamation suits, etc. This situation has gradually developed as a culture in India. The simple motto
being used for infringing the freedom of the press is by ‘it won’t be possible for you to kill the story, but
storyteller can be silenced or suppressed’.

According to the report of the Committee to Protect Journalism on ‘The global impunity index’, India has
been ranked 14th on the list with 18 murders of journalists with impunity from 2008 to 2018.

Reporters Without Borders (RSF) has listed India at 138th on its World Press Freedom Index in 2018,
enumerating the fear that journalists are being the targets of online smear campaigns who not only vilify
them but also threaten them with physical violence. These are the few cases of ruthless murders
indicating the problem of silencing the journalists:

The shooting of Gauri Lankesh: veteran journalist and editor, renowned for her criticism of right-wing
extremism and communal violence was killed because of her Anti-Hindutva Stand.

Navin Nischal of Dainik Bhaskar for reporting on child marriage.

Sandeep Sharma for publishing stories on illegal sand mining and police corruption.

Shujaat Bukhari for his reporting on the situation in Kashmir.

In order to protect the Democracy there a need to protect the independence of the press and
furthermore serious actions are required to be taken in such cases.
 6. CONTEMPT OF COURT, TYPES, EFFECT OF MEDIA TRIAL ,
MAIN PROVISION OF CONTEMPT OF COURT ACT, TRIAL BY
MEIDA MAY AMOUNT TO CONTEMPT OF COURT.

A. INTRODUCTION

Contempt of court can be seen as a concept and as a legal mechanism that seeks to protect judicial
institutions from motivated attacks, unwarranted criticism and to punish those who lower its authority,
is again in the news in India. This was triggered with the initiation of contempt proceedings by the
Supreme Court of India, on its own motion, against advocate-activist Prashant Bhushan.

B. EVOLUTION OF CONTEMPT OF COURT

The concept of Contempt is several centuries old.

In England, it is a common law principle that seeks to protect the judicial power of the king, initially
exercised by him, and later by a panel of judges who acted in his name.

Violation of the judges’ orders was considered an insult to the king himself.

Gradually any kind of disobedience to judges, or obstruction of the implementation of their directives,
or comments and actions that showed disrespect towards them came to be punishable. A refusal to
obey the final order of a court and/or attempt to overreach the same has been held by the Supreme
Court to be a contempt of court with legal malice and arbitrariness as it is not permissible to scrutinise
the order of court which has attained finality.

C. CONTEMPT OF COURT

The expression ‘contempt of court’ has not been defined by the Constitution.
As per the Contempt of Courts Act 1971, contempt refers to the offence of showing disrespect to the
dignity or authority of a court.

The act divides contempt into civil and criminal contempt.

Civil contempt: It is willful disobedience to any judgment, decree, direction, order, writ or other
processes of a court or wilful breach of an undertaking given to the court.SECTION 2B

Criminal contempt: It is any publication which may result in: SECTION 2C

 Scandalising the court by lowering its authority.

 Interference in the due course of a judicial proceeding.
 An obstruction in the administration of justice.

However, innocent publication and distribution of some matter, fair and reasonable criticism of judicial
acts and comment on the administrative side of the judiciary do not amount to contempt of court.

D. PUNISHMENT FOR CONTEMPT OF COURT U/S SECTION 12

The supreme court and high courts have the power to punish for contempt of court, either with simple
imprisonment for a term up to six months or with fine up to 2,000 or with both.

In 1991, the Supreme Court has ruled that it has the power to punish for contempt not only of itself but
also of high courts, subordinate courts and tribunals functioning in the entire country.

On the other hand, High Courts have been given special powers to punish contempt of subordinate
courts, as per Section 10 of The Contempt of Courts Act of 1971.

E. CONSTITUTIOANL PROVISION

Article 129: Grants Supreme Court the power to punish for contempt of itself.

Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.

Article 215: Grants every High Court the power to punish for contempt of itself.

F. IMPORTANCE OF CONTEMTPT OF COURT

To ensure their orders are implemented.

To sustain the independent nature of the judiciary.

 While the judiciary issues orders, they are implemented by the government or private parties.
 If the courts are unable to enforce their orders, then the rule of law itself will come to grinding
halt.

Ensures Public Trust: It insulates the institution from unfair attacks and prevents a sudden fall in the
judiciary’s reputation in the public eye.

G. TRAIL BY MEDIA MAY AMOUNT TO CONTEMPT OF COURT

Media trial is not exactly a new concept, but the recent media trial of Rhea Chakraborty in the Sushant
Singh suicide case has been downright vicious and traumatic for everyone (including the public)
involved. There has to be some sort of scrutiny and control over such ghastly trials and the Contempt of
Courts Act, 1971 does provide some base. But whether or not such restrictions are adequate or are
implemented correctly are questions that the project seeks to explore.

The scope of the project is restricted to media in its conventional sense alone and does not include
social media.

A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni held that the press, particularly Republic
TV and Times Now, "crossed boundaries" in their reportage on the death of Bollywood actor Rajput,
who was found hanging in his apartment in suburban Bandra on June 14, 2020. The bench said "the two
channels started a vicious campaign of masquerading as the crusaders of truth and justice and the
saviours of the situation." It went on to say that some of their reportage amounted to contempt of
court but restrained from taking any action against them. The court also issued a set of guidelines on
reporting of suicides or ongoing investigations into sensitive cases at it urged the press not to cross the
proverbial "Lakshman Rekha" (a line not to be overstepped) on their coverage. The bench said while the
press had its right to free speech and expression, the same could not infringe upon the rights of a
citizen. https://www.theweek.in/wire-updates/entertainment/2021/01/18/bom37-mh-hc-2ndld-media-
trial.html

H. DEFENCES OF CIVIL CONTMPT

  Lack of Knowledge of the order:
 If someone is pleading under this defence then he can say that the act done by him was not
done willfully, it was just a mere accident or he/she can say that it is beyond their control.
 The order that has disobeyed should be vague or ambiguous:
 Orders involve more than one reasonable interpretation
 Command of the order is impossible:

I. FREEDOM OF EXPRESSION V. CONTEMPT OF COURT

Freedom of speech and expression is regarded as the “lifeblood of democracy”.

Article 19(1)(a) of the Constitution guarantees this freedom to the citizens of India. This right, however,
is not absolute, and is subject to certain qualifications — reasonable restrictions on the grounds set out
in Article 19(2).

One such ground relates to the contempt of court. The Constitution, which has given its citizens right to
freedom of speech and expression, has given certain powers to the judiciary to guard against the misuse
of the same, to prevent the right to freedom of speech and expression being so exercised that it
damages the dignity of the Courts or interferes with the ‘administration of justice’.

In ‘Aswini Kumar Ghose & Anr v. Arabinda Bose & Anr’ case in 1953, the Supreme Court held that while
fair and reasonable criticism of a judicial act in the interest of public good would not amount to
contempt, it would be gross contempt to impute that judges of the court acted on extraneous
considerations in deciding a case.

7. COMMERCIAL ADVERTISEMENT, WHETHER REVENUE FROM

ADVERTISEMENT AMOUNTS TO INFRINGMETN OF FOSE?, HOW
ADVERTISEMENT IS DIIF FROM NEWS, WHAT TYPE OF
ADVERTISEMENT IS PROHIBITED BY LAW, WHAT IS REGULATION
OF PRICE AND PAGE NUMBER ORDER?
 A. INTRODUCTION

At present in India, there is no central statutory agency or uniform legislation regulating the advertising
industry. The Indian advertising market as a whole is regulated and controlled by a non-statutory body,
the Advertising Standards Council of India (ASCI). In the absence of uniform integrated legislation, it is
necessary for advertisers to ensure that an advertisement is in compliance with all local and national
advertisement laws. The most significant laws are listed here.

B. RIGHT TO ADVERTISEMENT AS PART OF FREEDOM OF SPEECH

AND EXPRESSION

Article (19) (1) (a) not only guarantees freedom of speech and expression, it also protects the rights of
an individual to listen, read and receive the said speech. So far as the economic needs of a citizen are
concerned, their fulfilment has to be guided by the information disseminated through the
advertisements. An advertisement giving information regarding a life saving drug may be of much more
importance to general public than to the advertiser who may be having purely a trade consideration.

advertisement is no doubt a form of speech but its true character is reflected by the object for the
promotion of which it is employed. It assumes the attributes and elements of the activity under Article
19(1) which it seeks to aid by bringing it to the notice of the public. When it takes the form of a
commercial advertisement which has an element of trade or commerce it no longer falls within the
concept of freedom of speech for the object is not propagation of ideas ' social, political or economic or
furtherance of literature or human thought; but as in the present case the commendation of the
efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. In
such a case, advertisement is a part of business

C. RESTRICTIONS ON ADVERTISEMENT

Deception- exists when an advertisement is introduced into the perceptual process of the audience in
such a way that the output of that perceptual process differs from the reality of the situation. It includes
a misrepresentation, omission or a practice that is likely to mislead. These may include the following:

 Violates consumer rights to information

 Violates consumer right to choice
  Violate consumer right to safety

Bait advertising :It means taking advantage of consumer psychology and depriving consumers of a
choice

advertising of harmful products: Advertising is not restricted to products that are good for people.
According to law in India advertisements for cigarettes, liquor, paan masala, products that are harmful
to the public continue to find a place despite the ban imposed by the government in private channels,
cable, and through the use of surrogates.

Puffery/Fraudulation: Very often we hear that advertisement exaggerates about the product qualities.
Now a days ‘puffery’ i.e. “metaphor of idea” forms to be main element in advertising. On the one hand
critics accuse it, while on the other defenders i.e. advertisers and advertising professionals opined it as a
helping agent to differentiate their brands from the competitors. Puffery is considered to be an ‘opinion’
and not a ‘factual information’. Advertisers claim that the consumers are intelligent enough to
distinguish between truth and exaggeration. Moreover they are not blindly going to believe everything
as such presented in an advertisement.

D. COMMERCIAL ADVERTISEMENT

Advertising is typically designed to make consumers more aware of people, places or products. In some
cases the advertising occurs as a public service, such as a campaign to make people more aware of the
dangers of smoking or alcohol use. In other instances, the purpose of advertising is to gain the interest
and trust of consumers. Advertisers seek to increase interest in buying a product, visiting a place, or
using a specific service. Commercial advertising in general is the use of advertising to generate revenue.

One important aspect of commercial advertising is that it creates a demand or a perceived need for
something. As soon as the consumer has a reason to want, advertising is there to offer a solution to that
need. Advertisements give answers to a consumer's questions, including where to eat, where to go, or
what to buy. Effective advertising works to create a desire while offering an attractive solution.

E. PRODUCT ANDSERVICES BANNED FROM ADVERTISEMENT

Tobacco
 The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution) Act, 2003 ("Tobacco Prohibition Act") prohibits
all direct and indirect adertising of tobacco products in all media.

Human Organs

The Transplantation of Human Organs Act, 1994: This law provides for the regulation of removal,
storage and transplantation of human organs for therapeutic purposes and for the prevention of
commercial dealings in human organs. This law prohibits any advertising inviting persons to supply,
offering to supply, any human organ for payment.

Magical Remedies

The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 prohibits advertisement
of magical remedies of diseases and disorders.

Services for Pre-Natal Determination of Sex

The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 prohibits
advertisements relating to pre-natal determination of sex.

Infant formula

Advertising forbidden in order to encourage natural feeding of infants. See details under Food.

Prize Chits and Money Circulation Schemes

The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 prohibits advertisements
relating to prize chit2 and money circulation schemes.

Physicians

Under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002,
issued under the Indian Medical Council Act, 1956, physicians are not allowed to advertise their
services in any form or manner of advertising through any mode, as soliciting of patients directly or
indirectly, by a physician, by a group of physicians, or by institutions or organizations is unethical. (A
physician refers to a doctor with a qualification of MBBS or MBBS with a postgraduate
degree/diploma or with an equivalent qualification in any medical discipline.)
Legal Services

The Bar Council of India Rules formulated under the Advocates Act 1961 strictly enforce the
advertisement ban and publicity rules governing law firms' websites. These rules were enacted and
enforced to curb the false advertisement of lawyers to gain publicity to attract clients.

Hamdard Dawakhana (WAKF) LalKuan, Delhi v. Union of India n advertisement is no doubt a form of
speech but its true character is reflected by the object for the promotion of which it is employed. It
assumes the attributes and elements of the activity under Art. 19(1) which it seeks to aid by bringing it to
the notice of the public.

Indian Express Newspapers (Bombay) Private Ltd. &Ors. etc. etc. vs. Union of India, advertisements
prohibited by the impugned Act relate to trade and commerce and not the propagation of ideas and that
advertising of prohibited drugs and commodities of which the sale is not in the interest of the general
public cannot be speech within the meaning of Art 19(1)(a).

F. DIFFERENCE BTW NEWS AND ADVERTISEMENT

The news media are those components of the mass media that aim at delivering news to the public or a
target audience. These comprise print media – newspapers and newsmagazines, broadcast news –
television and radio, and nowadays, the internet – news, blogs, online newspapers, etc. The daily media
shape the cultural, social, political and dominant picture of the society. Independent news sources have
emerged to report on events that escape the attention of major stories. In the past few years, the
blogosphere has taken reporting a step further, mining down to the perceptions and experiences of
individual citizens.

ADVERTISMETN: They are the devices through which the advertising messages are broadcasted by the
advertisers to the expected as well as the existing customers. The message regarding the service or the
product is transferred to the persons concerned through the media or other consumers. Media is
promoting elements and constitute an industry in advertising. Media are the bearers of messages of an
advertiser whose goal is to reach to the public so that he/she and his/her product or service may get the
attention of the public, thus getting more and more customers. A lot of institutions are now offering an
advertising certification for the benefit of the candidates who are keen to learn about advertising media.
Professionals may even choose to study an advertising online course so as to understand how the
industry works in a better way.
 G. LAWS IMPOSIGN RESTRICTION ON ADVERTISEMENT

. Consumer Protection Act- The Act also empowers the District Forum to take measures to discontinue
the unfair trade practices. The Forum also has the power to issue corrective advertisements to
neutralize the effect of a misleading advertisement.

The Monopolies and Restrictive Trade Practice act, 1969: this Act is being replaced by the Competition
Act, 2002 but the cases pending under the MRTP Commission are still being heard. Moreover, a
Competition Commission has been set up under the Competition Act to deal with monopolies and
restrictive trade practices. The complaints pertaining to unfair trade practices are still being handled by
the MRTP Commission or the consumer courts.

Information Technology Act, 2000 (IT Act) -The IT Act makes the publication and transmission in
electronic form of material which is lascivious or appeals to the prurient interest or it its effect is such as
to tend to deprave and corrupt persons who arelikely, having regard to all relevant circumstances, to
read, see or hear the matter contained or embodied in it, punishable with imprisonment and fine.

Indian Penal Code, 1860 (IPC) -The IPC makes it a punishable offence to advertise any obscene
publication or its distribution, sale, hire or circulation. The IPC prohibits the sale, distribution, public
exhibition or circulation of any obscene book, pamphlet, paper, drawing, painting, representation, figure
or any other obscene object.

Transplantation of Human Organs Act, 1994:This statute makes it a punishable offence to issue
advertisements inviting persons to supply, for payment a human organ.

SEBI (Mutual Funds Regulation), 1996: SEBI Guidelines for Advertisements by Mutual Funds - the
Guidelines list out detailed requirements for advertisements by Mutual Funds.

The Drugs and Magic Remedies (Objectionable Advertisements) Act - This statute prohibits
advertisements of drugs for certain purposes and of treatment of certain diseases and disorders. It also
prohibits misleading advertisements relating to drugs and advertisements of magical remedies for the
treatment of certain diseases and disorders.
ABBAS CASE