MEDIA LAW

MODULE 4: Regulation of Interest

1. Evolution of internet as new media:

Internet has revolutionized the communication world. It has fundamentally
changed the way people learn, play, create and communicate. Today it has become a
part of our life. It is not just a technology, but an engine of social change, one that has
modified work habits, education, social relations and maybe most important, our
hopes and dreams. Mass media is considered to be one of the important tools of
opinion formation. Newspapers, Radio and Television are considered as major
ingredients of the Fourth Estate. Very soon, Internet and Online newspapers also
became popular media.Comparing to other media, the growth of online newspapers is
faster. When internet became a phenomenon beyond the government and universities,
electronic publishing exploded in newspapers, e-zines and current information sites.

History of internet dates back to 1960s:

The net is considered to be a product of the cold war, it was built by the USA
military to protect national security in the face of nuclear attack. The Advanced
Research Project Agency(ARPA) was a new Department started within the US
Department of Defence and the ARPANET succeeded in creating the first effective
long distance computer network.

1962: The RAND Corporation, USA, begins research into robust, distributed
communication networks for military command and control.

1969: ARPANET connects first four universities in the US.

1972: The Inter Networking Working Group becomes the first of several standard-
setting entities to govern the growing network.

1973: The ARPANET goes International with connections to University College in

London, England, and the Royal Radar Establishment in Norway.
1974: The first commercial version of ARPANET, The Telenet opened.

1983: TC/IP becomes the Universal language of the Internet.

1984: William Gibson coins the term “Cyberspace “in his novel “Neuromancer”

1985: The World Wide Web is born.

In India, internet was introduced in 1991 by the department of Electronics through the
Educational and Research Network (ERNET). It was funded by United Nation
Development Programme. On August 15, 1995, Internet was offered to private
individuals and organizations by Videsh Sanchar Nigam Limited and in 1999 it was
liberalized. Since then it has grown, now even villages which have telephone
accessibility are armed with internet. Until the early 1990s the internet was simply a
network of computers used to transmit government data. With the advent of World
Wide Web and Online Subscription Service Providers, internet traffic became an
important medium of communication.

Characteristics of new media

Significant attributes of the new media are interactivity, demassification and
asynchronization. So it allows for more individualized communication.

 First rule of journalism is show. Do not tell. Online medium provides it. Faceless
community all over the world consume eagerly the service of this media. New
media provide multifaceted facilities, along with certain characteristics.

 Immediacy: Speed and immediacy are two greatest virtues of new media. With
the help of a mouse click whole world comes before the person. 3G and 4G
technologies now turn the entire scenario. Information superhighway is
revolutionizing the world.

 The challenge facing online journalists is to balance the legitimate desires of the
online audience for breaking news reports with the professional tradition of fairness,
completeness, balance and accuracy

 Interactivity: New media is known for its ability to involve the audience. This is
known as interactivity. Hence, we can say that compared to other media forms,
new media has the most evolved feedback system in place.

Web Journalism is a global media. It is not limited by time and space. New media is a
platform which connects the whole world. New media provide multifaceted facilities.
News about every incident happen anywhere is reachable to any other extent within a
few minutes. Internet and World Wide Web point out another era of journalism. The
wire services were primary link into the outside world. They provide a world view
solidly within the social constructs of journalism. Online communication is an
opportunity to communicate, learn, share, buy and sell. It is user controlled highly
user controlled and essentially egalitarian.

Multimedia Online platforms have a greater advantage over other media and that
Multimedia facilities. Whenever stories are supported by cartoons, moving pictures,
sound and music, it is called multimedia. The word Convergence means “come
towards each other and meet at a point”. So media convergence is, computer and
telecommunication technologies used in the multimedia systems for the transfer and
exchange of information, data, graphics and sound. E.g. watch video and films on the
computer, Read a news paper on the net .

2. Regulating the internet:

We have all that data going around the Internet, which is actually pretty nice
and convenient. However, where there is a lot of data, there will also be those wanting
to take advantage of that data. This is why along with the Internet came Internet
regulation as well. And with Internet regulation, gaining access to certain types of
data is controlled or restricted. The first acts of regulation occurred in the 90s.
However, the first official act that set the law was the Telecommunications Act of
1996. It put together a few rules over how the Internet should be used. Think of the
regulation as the spider to the web. It keeps things nicely webbed so that it won't be
broken down by a breach. In certain circumstances, Internet regulation also takes the
form of "censorship." This information control can be carried out by a variety of
parties for different purposes. It may differ from one country to the other, but overall,
it has the following purpose for data privacy:

 To prevent people from watching sensitive or harmful content

 Prevent people from getting access to copyrighted information
 Monitor the vast number of people that are currently using the Internet
 Keep cyber crimes under control

When it comes to censorship laws, there are several types of internet censorship.
Some of them are more friendly to the users compared to others. With that in mind, it
is an essential measure to keep things under control.

Who Regulates the Internet?

The one in charge of regulating the Internet is the Government. Each country will
have its own Internet laws, which is why it is easier to gain access to content and
information in some countries compared to others. In the United States, for example,
there are several agencies that regulate the Internet. Some of these are:

 Federal Trade Commission (FTC)

 Federal Communications Commission (FCC)
 National Highway Traffic Security Administration (NHTSA)

These aren't the only agencies of the Government responsible for that. Each agency
regulates over their own intellectual properties based on the country's rules.
This is why the Internet in Europe looks so much different from the Internet in Korea,
for example. All governments have their own laws.

This occurs most often on social media platforms. Scrolling on social media, you
probably noticed that there is someone (a person or an algorithm) that decides what
you can and cannot say in your speech. For example, regulation may occur if you start
abusing speech through comments. Calling someone names on Facebook, racism or
simply saying something that is considered a violation will likely end up in a ban.
Regulation for Produced Data

When data is produced and posted on the Internet, regulations may also be made to
protect it. There are many advantages and disadvantages of data privacy laws.
Regulations such as GDPR, CCPA and so on are in charge of this. Certain types of
content, for example, maybe censored and cannot be posted on the Internet. The
algorithm of the platform where it was posted will catch the content and either take it
down or give you a warning directly. It's pretty much the reason why someone from
Europe might not have access to a certain type of content in the U.S. - or vice-versa.
Internet regulations prevent that from happening.

Overall, this is mostly connected to your Internet provider or your household. In this
case, your access to certain websites might be blocked. On a small scale, it might be
something as simple as a parent setting a parental filter.

On the larger scale, it might be because your government decided that there are some
things you can or cannot see. Here, we are talking about countries such as (you
guessed), Iran or China.

What Are the Internet Laws?

Internet laws, also referred to as cyber laws, represent the legal aspect of the Internet.
The difference between Internet law and typical law is that the web option is not
focused on just one field. It focuses on multiple others as well.
There are many Internet laws, including:

 Laws that govern over the Internet Service Provider (ISP)

 Laws connected to website creation
 Laws concerning conflict resolution over domain names
 Laws involving online trademarks
 Laws regarding how you can link to a site

The updated Internet is still continuously evolving, with users always having a new
law to consider. To this day, there is still a bit of uncertainly over what is permitted on
the Internet and what isn't.
The Internet law may vary from platform to platform as well. Each website may have
its own idea of data protection. For example, Facebook's data protection law may
have different clauses in comparison to Reddit or Twitter.

A lot of these laws might just end up overlapping with one another. For example, a
cyber breach might fall within the ranks of a cybercrime, whereas a contract signed
online would have to meet several data protection clauses. Very often, a judge will
have to apply a different law system to aid the companies running the websites. They
would also do what they can to resolve the matter through common sense before
applying the law.

Why Is It Important to Regulate the Internet?

There may be times when we find Internet regulations to be highly inconvenient. It

restricts us from accessing a lot of content, and it also prevents us from speaking
exactly what is on our minds. Censor of speech not only limits what you say, but also
what other information you may read. Plus, since you don't know who controls these
regulations, you're not aware of what's acceptable on the web and what isn't.
That being said, regulations for this kind of intellectual property are important for a
variety of good reasons. Here are the main reasons:

Preventing the Spread of Fake News

If there is anything that the past pandemic taught us, it's that the Internet is packed
with fake news. This is why many countries closely monitor the words and content
appearing online, especially on Facebook. This can not only prevent users from being
misinformed and potentially putting their life in danger. It can also prevent incidents
such as false ads. The censorship offers protection against fraudulent communication
and misinformation.

Putting a Stop to Harmful Activities

Every computer that has access to the Internet can also fall victim to the dark corners
of the web. With that in mind, it's incredible how easily some of these websites are
found. Many of these websites are dedicated to illegal activities such as child porn,
sex or drug trafficking, as well as other similar illicit activities.

Protecting Data Against Identity Theft

Identity theft is a common problem these days. Where there is content, there is
information that can be stolen. Regulations of the Internet prevent that from
happening. The less data there is on the Internet, the more data protection you have.
This could prevent you from potentially falling victim to a hacker as you use a certain
Internet service.

What Are the Different Types of Internet Regulations?

There are several ways in which the Internet can be regulated, most of them having
two roles: controlling certain Internet aspects and censorship of data.
With those roles in mind, these are the types of Internet regulation that you'll come
across:

Laws

Laws are attempts to legally handle the issues of the Internet. The law exists so that
the behavior on the Internet is kept under control. Internet law often applies to aspects
such as gambling, fraud, and child porn.

Architecture
In this case, architecture has nothing to do with physical buildings. Instead, it deals
with Internet limitations of technology. It involves everything that affects how
information is delivered, from encryption to search engines and coding.

Norms

Everything we do is based on norms - and this includes the wide net. This is why
Internet regulations are also dominated by norms, to make up for what formal
regulations miss. For example, a moderator may delete certain comments from a
thread that they find as offensive. By deleting what the users say, they go beyond the
law and regulate via social norms.
Markets

The online marketplace could also affect the things that happen as you browse your
computer. For instance, if a concept has no popularity, Internet regulations will
eventually make it disappear.
The same thing goes for high demand. If there are way too many suppliers, the sellers
will have to offer options that are more unique and distinct.

3. Liability of Intermediaries:
The common argument with respect to declaring oneself as a social media
intermediary is that they do not exercise editorial control over content that is produced
by users. Having exclusive rights over the content produced by creators under mutual
contractual agreements does not alter the status of a legal person as an intermediary.
This is because having exclusivity rights is related to the obligation of an intermediary
to prevent copyright infringement and in stopping the spreading of sexually explicit
content. This became a contentious issue for content platforms like Sharechat and
TikTok. Scaling operations specific to India’s climate required the appointment of the
chief compliance officer, local grievance officer, the nodal officer either on an interim
basis or on a permanent basis to look after such issues.

Intermediaries” under the provisions of the IT Act, 2000

Section 2(1)(ua)(w) of the Information Technology Act, 2000 defines an
intermediary. The essence of the definition is that one legal person acts on behalf of
another person. Some examples of intermediaries are telecom service providers,
network service providers, internet service providers, web-hosting service providers,
search engines, online payment sites, online auction sites, online marketplaces and
cyber cafes. The second aspect of the definition is that the agency role of an
intermediary is limited to the role of

(i) receiving, storing, or transmitting a particular electronic record; or

(ii) providing a service with respect to that electronic record.

Rule 3 of Part III of the Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021(“Digital Media Ethics Code”) lists the due
diligence that is required to be observed by the intermediary while discharging its
duties. The scope of intermediary includes both social media intermediary and
significant social media intermediary. Rule 2 (v) and (w) differentiate a significant
social media intermediary from a social media intermediary. As per the provisions of
the Digital Media Ethics Code, a significant social media intermediary means a social
media intermediary that has a number of registered users in India above a specific
threshold that is prescribed by the Central Government. On the other hand, a social
media intermediary refers to an intermediary that primarily or solely enables online
interaction between two or more users and allows them to create, upload, share,
disseminate, modify or access information using its services.

It is imperative for an intermediary to inform its users not to host, upload,

modify, publish, transmit, update or share any information which:

(1) does not belong to the user as a matter of right;

(2) is inconsistent with or contrary to the laws in force, such as being defamatory;

(3) is harmful to a child;

(4) infringes intellectual property rights;

(5) violates a law;

(6) deceives/misleads the addressee about the origin of the message;

(7) impersonates another person;

(8) threatens the unity & integrity of India;

(9) contains software virus that is designed to interrupt, destroy or limit the
functionality of a computer resource;

(10) is patently false and untrue.

Information is construed as being prohibited if it relates to:

(1) sovereignty and integrity of India;

(2) security of the State;

(3) friendly relations with foreign State;

(4) public order;

(5) decency or morality;

(6) contempt of court;

(7) defamation;

(8) incitement to an offence that relates to the above;

(9) any other information that is prohibited under any law for the time being in force.

The intermediary shall remove such prohibited content that is hosted, stored and
published as early as possible. It may also disable access to that information no later
than 36 hours from the receipt of the court order or on being notified by the
appropriate government or its agency. If the intermediary removes or disables access
to information, data or communication link as prescribed above on a voluntary basis
or on the basis of grievances received, then the response of the intermediary would
not amount to a violation of Section 79(2)(a) and (b). On the other hand, the
intermediary might be required to preserve information and associated records for 180
days for investigation purposes or for a longer period that may be required by the
court or by government agencies who are lawfully authorized. The intermediary shall
provide information under its control or possession, not later than 72 hours after
receiving an order. Such an order is required to be in writing clearly stating the
purpose of seeking information or assistance.

A user or a victim may lodge a complaint against a violation of the rules and
regulations with the Grievance Officer. The intermediary shall publish the name of
the Grievance Officer and contact details prominently in its website or mobile-based
application or both. The Grievance Officer shall acknowledge the receipt of the
complaint within 24 hours and shall dispose of such complaint within 15 days of
receiving the complaint. Within 24 hours from receiving the complaint made by an
individual or any person on his behalf, the intermediary shall take all reasonable and
practicable measures to remove or disable access to content that is hosted, stored,
published or transmitted in its computer resource. The content can either be a material
that exposes the private parts of such individual, or shows an individual in full or
partial nudity, or shows or depicts such individual in any sexual act or conduct, or is
in the nature of impersonation in an electronic form, including artificially morphed
images of such individual. The intermediary shall implement a mechanism for
receiving complaints that would enable an individual to provide details.

Judicial approach
Akansha and Bikram are friends. Akansha uploads a photo that Akansha and Bikram
took together, on Facebook. Later once the photo was posted, Bikram did not like the
comments from Akansha’s friend list. Bikram asked Akansha to remove the photo for
this reason. Akansha hesitated to do so. In such a circumstance, what is the best way
forward? Would a complaint about an inappropriate comment suffice? Or, would
removing one another from their friend list be an appropriate remedy for such a
grievance?

Shreya Singhal’s judgment deals with the issue of deciding the acceptable norm for
communication in the online world. The case generally and specifically discussed at
length the question of whether and the extent to which Section 66A of the Information
Technology Act, 2000 is constitutional. The judgment does not explicitly deal with
the role of intermediary in deciding the acceptable norm as such and in deciding its
liability. Rather, it compares the online and offline world in terms of understanding
the intent behind the “marketplace of ideas” and links it to answer the constitutional
question. It was decided that there is no intelligible deferentia between the medium of
print, broadcast and real-live speech as opposed to speech on the internet. Thus, new
categories of criminal offences cannot be made on this ground.

1. The offence created by Section 66A is vague and quite broad. Thus, it
is unconstitutional under the provisions of Article 19(1)(a) and is not
saved by Article 19(2).
2. Section 69A and the Information Technology (Procedure & Safeguards
for blocking for access of information by the public) rules, 2009 are
constitutionally valid.
3. Section 79 is valid subject to Section 79(3)(b) being read as, “an
intermediary upon receiving actual knowledge from a court order or on
being notified by the appropriate government or by its agency that
unlawful acts related to Article 19(2) are going to be committed, and then
fails to expeditiously remove or disable access to such material.”
4. Information Technology “Intermediary Guidelines” Rules 2011 are
valid subject to Rule 3(4) being read in a manner provided in the
judgment.
5. Section 118(d) of the Kerala Police Act is struck down as being
violative of Article 19(1)(a) and not saved by Article 19(2).

4. Cross Border Jurisdictional Issues:

The rise of the internet has shattered geographical boundaries in media

consumption, but media law remains firmly rooted in national territories. This
disconnect creates a complex web of jurisdictional issues, especially for:

Defamation: A news article published online can be seen globally.

Determining which country's defamation laws apply and where a lawsuit can
be filed is a challenge. Imagine a social media post originating in one country
that defames someone in another. Both countries might have jurisdiction
depending on factors like the post's reach and the alleged victim's reputation.
 Copyright Infringement: Similarly, copyrighted material online can be easily
copied and distributed across borders. Deciding which country's copyright
laws apply and where to sue for infringement becomes tricky.

why these issues arise:

Territoriality: Traditionally, media law applies within a country's borders.

This principle, "lex loci protectionis" (law of the place of protection), makes
perfect sense for physical media like newspapers. But online content
transcends borders.

Competing Jurisdictions: Multiple countries might have a claim to

jurisdiction in a cross-border media case. This can lead to forum shopping,
where a party chooses the court they believe is most favorable.

Varying Laws: Media laws differ significantly between countries. Freedom of

speech protections can be stricter in one nation compared to another. This
inconsistency creates confusion about what content is legal or illegal.

Potential Solutions:

International Agreements: Treaties like the Council of Europe Convention

on Defamation aim to harmonize jurisdictional rules and facilitate cooperation
between courts in different countries.

Uniform Laws: Developing a set of international media laws could provide

clarity and consistency. However, reaching an agreement between nations
with diverse legal systems is challenging.

Jurisdictional Frameworks: Courts are increasingly using tests to determine

jurisdiction in online cases. These tests consider factors like where the content
is hosted, where it's accessed, and the intended audience.

Cross-border jurisdictional issues in media law are a complex and evolving field. As
the online media landscape continues to develop, so too will the legal frameworks to
govern it.

Celeb vs. Blogger - A Tweet Heard Around the World" Revisited

Facts:

Parties Involved:

Valentina Rossi - A famous musician residing in Italy with a squeaky-clean image.

Max Schmidt - A satirical blogger based in Germany known for his critical
commentary on celebrities.
The Incident: Max publishes a blog post titled "Valentina Rossi: Saint or Sinner?" on
his German website. The post questions Valentina's charitable efforts and includes a
photoshopped image depicting her in a negative light.

The Fallout: The blog post goes viral, causing significant reputational damage to
Valentina in Italy and beyond.Valentina believes Max's post is defamatory and
demands a retraction. Max refuses, claiming his post is protected satire under German
law.

Judgement:

The outcome of this case hinges on the court that asserts jurisdiction and the
applicable law. Here are two possibilities:

Scenario 1: Italian Court with Italian Law

Reasoning: Valentina sues in Italy, arguing that the damage to her reputation
primarily occurred there. The Italian court, applying stricter defamation
laws, might rule in her favor.

Judgement: The court could order Max to retract the post, remove the
defamatory image, and potentially pay damages to Valentina.

Scenario 2: German Court with German Law

Reasoning: The court finds Germany has jurisdiction because the blog is
hosted there. Applying German law,known for its strong protections for
satire, the court might dismiss Valentina's case.

Judgement: The court could rule that Max's post is protected satire, even if
considered harsh or critical. Valentina might lose the case.

5. The Communication Convergence Bill:

The Bill seeks to achieve 4 main purposes-

 The development of national infrastructure for an information based society, and

to enable access thereto;

 To provide a choice of services to the people with a view to promoting plurality

of news, views and information;

 To establish a regulatory framework for carriage and content of communication

To establish of a single regulatory and licensing authority with defined powers,
procedures and functions and and an Appellate Tribunal

 To put it in a nutshell, the Bill facilitates multi-operations and a service provider

may provide a consolidated service in basic telecom, cellular telecom, internet
 and satellite television without procuring different licenses. Presently, the absence
of a single window clearance for these services, make it cumbersome for
companies advent into and provide all these services simultaneously.

Salient Features
The Bill contemplates the establishment of an autonomous body to be called
the Communication Commission of India (CCI), entrusted with wide-ranging
functions, duties and powers.

The Commission shall be constitute of 9 individuals comprising of a Chairperson,

seven members and the Spectrum Manager, as ex-officio member. The Chairperson
and Members (except the ex-officio Member) shall be appointed by the Central
Government. The Chairperson and whole-time Members shall hold office for a term
of five years and shall not be eligible for re-appointment.

The Commission shall decide any dispute between two or more service providers on
issues relating to spectrum interference, interconnectivity, denial of fair access and
restrictive practices and between a service provider and a group of consumers. It will
also look into any dispute arising out of enforcement of any provision of the Act.

The Central Government shall create a Spectrum Spectrum Management Committee

for coordination with international agencies for Spectrum Management and also for
allocation of available spectrum for strategic and non-strategic/commercial purposes.
The functions would inter alia include -

 Co-ordinating with international agencies on matters relating to overall spectrum

planning, use and its management;

 Carry out spectrum planning, and assign frequencies to the Central Government
and to State Governments to meet their vital needs. Allocate frequencies or band
of frequencies including frequencies which are to be assigned by the
Commission; and re-assignment of frequencies from time to time.

The CCI will try to uphold public interest by ensuring competition and prevention of
monopolies while issuing licenses for providing communication services. The
commission will also stipulate the eligibility conditions for such licenses. The
Commission may grant license to any person:

 To provide or own network infrastructure facilities, (which includes include Earth

Stations, Cable infrastructure, Wireless Equipment, Towers, poles, ducts and pits
used in conjunction with other communication infrastructure.

 To provide networking services

 To provide network applications services,

 To provide content application services

 Breach of terms and conditions of Licenses, Penalties and Adjudication When the
terms of the license are breached, or when the licensee fails to comply with any
decision, direction or order of the Commission, the Commission may, take
 appropriate measures including an order to do or abstain from doing something,
suspension of the license for a specific period or restrict the same or seize of the
equipment being used for providing such service.

The Adjudication Officer

An Adjudication officer shall be appointed by the CCI to find out whether any
person has committed guilty of contravention of any of the applicable provisions and
is liable to a penalty which shall be quantified, bearing in mind -

 The amount of revenue loss to the Government;

 The amount of disproportionate gain or unfair advantage, wherever quantifiable,

made as a result of the default;

 the amount of loss caused to any person as a result of the default;

 The repetitive nature of the default;

 That the amount of the penalty shall be such as may act as a deterrent even
though no financial loss may be caused by such contravention.

Shortcomings of the Bill

In zeal of becoming the second country in the world to have a Communication
Convergence Law the Indian Government, introduced the Convergence Bill in very
hasty manner. The Bill provides for the setting up of a super-regulator, the CCI,
which is supposed to be an autonomous body and claims to be a truly independent
body in every sense. But a mere perusal of the Bill would belie this claim. Right from
the process of appointing the CCI members, the government would hold its control. If
one reads the Bill carefully he can discover that at the end of each and every clause
the government has retained the right to interfere. The government is even having the
power to exempt anybody from licensing and going by the earlier instances in similar
situations one can assume that the government will sideline the CCI. Undoubtedly this
will make a mockery of CCI's autonomy.

The Bill states that the CCI has to follow all the policy directives of the government.
Whether a directive is a policy irective is to be solely determined by the Government.
This will amply prove that the government is not at all sincere to grant any real
autonomy to the CCI. Under the pretext of giving policy directives the government
can run its writ and thereby effectively bulldoze the CCI.

Problems regarding Spectrum Management:

The Government is vested with wide powers relating to Spectrum

Management. The Government is the supervening and absolute power for determining
the Spectrum it needs for defence / other essential needs. But once this is determined
the rest should be allocated to the industry in a fair manner. The Cabinet Secretary
will head the Spectrum Management Committee envisaged under the Bill, and the
CCI will only have a secondary role to play here. This dual authority on spectrum can
be problematic and make CCI submissive to the Spectrum Management Committee.
Many experts contend that the CCI is better equipped to balance the spectrum
requirements of the industry and government. It is of paramount importance that the
allocation of spectrum is efficiently managed as this allocation is linked to the
development of the Industry.

The appointment of the Secretary General of the CCI should be from an open pool of
competent persons as against from a panel of government secretaries proposed by the
Bill. This will certainly bring a sense of professionalism and competitiveness. The
Bill is also unclear on jurisdictional aspects of the CCI and the adjudicating officer.

MODULE 3: LEGAL FRAMEWORK

1. Parliamentary Proceedings (Protection of Publication) Act 1956

 BE it enacted by Parliament in the Twenty-eighth Year of the Republic of
India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the
Parliamentary
Proceedings (Protection of Publication) Act, 1977.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
(3) It shall be deemed to have come into force on the 25th day of March, 1977.
2. Definition.—In this Act, “newspaper” means any printed periodical work
containing public news
or comments on public news, and includes a news agency supplying material for
publication in a
newspaper.
3. Publication of reports of Parliamentary proceedings privileged.—(1) Save as
otherwise
provided in sub-section (2), no person shall be liable to any proceedings, civil or
criminal, in any court in
respect of the publication in a newspaper of a substantially true report of any
proceedings of either House
of Parliament, unless the publication is proved to have been made with malice.
(2) Nothing in sub-section (1) shall be construed as protecting the publication of any
matter, the
publication of which is not for the public good.
4. Act also to apply to Parliamentary proceedings broadcast by wireless
telegraphy.—This Act
shall apply in relation to reports or matters broadcast by means of wireless telegraphy
as part of any
programme or service provided by means of a broadcasting station situate within the
territories to which
this Act extends as it applies in relation to reports or matters published in a
newspaper.

2. Official Secrets Act 1923:

 The Official Secrets Act of 1923 is an Indian legislation aimed at
counteracting espionage. It explicitly condemns any actions that aid an enemy state
against India. The act prohibits individuals from approaching, inspecting, or
trespassing restricted government sites or areas. According to the act, assisting an
enemy state can take various forms. It includes sharing sketches, plans, models of
official secrets, or official codes/passwords with the enemy.

About Indian Official Secrets Act, 1923

The Official Secrets Act was said to be against the principles of a transparent
government in a democratic society. The law makes spying, sharing confidential
information, and withholding sensitive data punishable. The law intended for ensuring
secrecy and confidentiality in governance, largely on national security and espionage
issues, has frequently been quoted by authorities for refusing to disclose information.
Governments have experienced criticism for misusing the law against journalists and
whistleblowers.

The Law Commission of 1971, in its report on ‘Offenses Against National Security,’
ascertained that every secret document must not attract the provisions of this act
unless it is of national emergency. However, the commission didn’t recommend any
changes, and the Second Administrative Reforms Commission (ARC) wanted to get
the act revoked and include it as a part of the National Security Act.

Brief History About Official Secrets Act, 1923

o The origins of the Official Secrets Act can be dated back to the British
colonial period. The Indian Official Secrets Act (Act XIV) of 1889 was enacted to
suppress the voices of many newspapers that had grown up in different languages and
were critical of British policy.
o During Lord Curzon’s period as Viceroy of India, Act XIV was amended and
made more stringent in the form of The Indian Official Secrets Act 1904.
o A second version of the Indian Official Secrets Act was notified in 1923. (Act
No XIX of 1923).
o It was extended to cover all issues related to secrecy and confidentiality in the
country’s governance.
Salient Features Of The Official Secrets Act 1923

o The 1923 act lays down penalties for spying in Section 3.

o Section 3 penalizes anyone who makes sketches, plots, or models in places
related to defense with up to 15 years in jail.
o Section 4 says communicating with foreign agents proves the person acts
against India's interests.
o Section 5 states having secret codes or data in unauthorized places or manners
that help enemies or harm India's sovereignty can be punished with jail and fines.
o Other acts related to secret official information under Section 5 are also
forbidden and punishable.

Penalties and Prosecutions Under Official Secrets Act, 1923

The Official Secrets Act 1923 (OSA) is an anti-espionage law. It prohibits the
unauthorized disclosure of information that is considered to be a secret by the
government. The Act has been used to prosecute a wide range of offenses, including:

o leaking government documents,

o spying for foreign governments, and
o unauthorized access to government computers.

The penalties for violating the OSA are severe. Section 3 of the Act deals with the
unauthorized communication of a secret. The maximum punishment for it is life
imprisonment. Section 4 of the Act deals with the unauthorized retention of a secret.
The maximum punishment for Section 4 of the Act is 10 years imprisonment.

There have been many high-profile prosecutions under the OSA.

o In 2009, K. Natwar Singh was convicted of violating the Act. He leaked

classified information about the Indo-US nuclear deal to the media.
o In 2013, Devender Sharma was convicted of violating the Act. He leaked
classified information about the Indian Air Force to a Pakistani journalist.

3.Media and CRPC

 ❤DEFAMATION:

Journalist who defames is liable both in Civil law and criminal Law.
Section 499 of Indian Penal Code defines defamation:

Whoever by words either spoken of intended to be read, or buy signs or by

visible representation, makes or publishes any imputation concerning any
person intending to harm or knowing or having reason to believe that such
person, is said, except in cases herein after excepted, to defame that person.

The expression ‘makes or publishes’ has been interpreted as supplementing each

other. If a person merely writes out a defamatory matter but does not publish the same
i.e., does not circulate to others; it will not be defamation. The word ‘makes‘ refers to
originator of imputation. The word ‗imputation indicates something bad about
another and implies the attribution or evil, the making or an accusation, allegation,
insinuation of a charge against a person, words either spoken or intended to be read,
or by signs or by visible representation. ‘Visible representation’ will be inclusive of
every possible form of defamation which human ingenuity can devise.

According to section 499, the person who defames another must have done it
intending to harm or knowing or having reason to believe that such imputation will
harm the reputation.

Defamation of the dead

Explanation 1: According to this the imputation must not only be defamatory of the
deceased but it must also be hurtful to the feelings of his near relatives. The question
depends upon the harm caused and not the harm intended, for in the case of deceased,
the latter test is inapplicable.

Defamation of a company or a collection of persons

Explanation 2: A corporation or company could not be liable in respect of a charge of

a murder, incest, or adultery because it could not commit those crimes. The words
complained of must attack the corporation or company in the method of conducting
its affairs; must accuse it of fraud or mismanagement or must attack its financial
position.

The class defamed must not be too large to cease of be distinct from the memory of
certain trade or profession. If a person calls the lawyers as thieves or medical men as a
class of cut-throats in disguise or the police force as a hotbed of corruption, there
would be not indictable libel-because the class is too large and the generalisation too
sweeping to affect any of its composing members.

Defamation by innuendo

Explanation 3: When a particular passage is prima facie non-defamatory the

complainant can show that it is really defamatory of him from the circumstances and
nature of the publication. Such a passage is called ‘innuendo’. The language of irony
or sarcasm very often will be better, forcible, and impressive than a bold statement. It
is thus necessary for the prosecution to establish that the words though innocent are
appearances were intended to be said in a libelous sense. So it may be libelous to say
of an attorney that he is an honest lawyer meaning thereby he is the reverse of the
honest.

Explanation 4:- What is harming the reputation? This explanation specifies various
ways in which the reputation of a person may be harmed. It says that the imputation
must directly or indirectly lower the moral or intellectual character of person
defamed. This language of explanation 4 is loss. It was held to include degradation in
caste, community, at feasts and so on. During a feast a Hindu declared that
complainant had been excommunicated and was not fit to sit down, it was held that
priest was guilty of defamation.

Publication
Publication in its primary sense of communication by the defendant to a
person other than the defamed is the basis of liability in English civil law of
defamation i.e., in torts. This principle which is not accepted as the basic principle of
English Penal Law of defamation is accepted as the basic principle of Indian Penal
Code. Words which may have the effect to provoking other persons at whom they are
uttered are made punishable under Sec. 504 of Indian Penal Code which deals with
intentional insults with intent to provoke breach of peace. The gist of the offence in
section 499 seems to lie in the tendency of the statements verbal or written to create
that degree of pain which is felt by a person who is subjected to unfavourable
criticism and comments. There is another important difference between English law
and Indian law in the matter relating to spoken defamation or slander. Slander cannot
be subject matter of criminal prosecution in England except when it happens to be
seditious or blasphemous and when they are against State or State religion. The Indian
Penal Code recognises no such distinction classing both as punishable.

Exceptions
The ten exceptions to S 499 state cases in which an imputation prima facie
defamatory may be excused. They are occasions when a man is allowed to speak out
or write matters which would ordinarily defamatory. Those exceptions are;

1. Imputation of truth for public good,

2. Public conduct of public servants,
3. Public conduct of public men other than public servants,
4 Comment on cases and conduct of witnesses and others concerned,
5. Merits of cases, decisions and judicial proceedings,
6. Merits of a public performance, literary criticisms,
7. Censure in good faith by one in authority,
8. Complaint to authority,
9. Imputation for protection of interest,
10. Caution in good faith.

Campbell V. Spottiswood the newspaper ‘Saturday Review’ in criticising certain

letters published by the proprietor of a regions newspaper, in which he had sought
subscriptions as a means of converting the Chinese; It was imputed to him that he had
published a false subscription list. The jury found this statement untrue, although the
writer of the article believed the imputation to be true. This was held to be no
justification. If you impute wickedness to public person, then you must prove that
imputations are true.
 ❤SEDITION

Criticism of government is not sedition. The expression ‘sedition’ generally means

defamation of state. But the legal meaning of ‘sedition’ is different.

Definition: Section 124A of Indian Penal Codes defines and punishes sedition as
follows:

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

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

Sedition according to English law is the misdemeanour of publishing verbally or

otherwise any words or documents with the intention of exciting disaffection, hatred
or contempt, against the sovereign or the government and constitution of the Kingdom
or either House of Parliament, the administration of justice, or exciting the subject to
change by unlawful means the Church, the State or Exciting ill-will, hostility, or ill
feelings between different classes.

The object of sedition is to induce insurrection-(rising in the first stage or incipient

rising) and rebellion. It has been described as a disloyalty in action and it leads to
civil war, bringing into contempt the sovereign or the government or the Constitution.
This offence, therefore, is the offence of defamation of Government.

Balagangadhar Tilak's Case: In Balagangadhar Tilak Case, the proprietor, editor,

manager and printer of Bangbasi, a Bengali weekly newspaper, published a certain
article, for which charged under Section 124-A and 500 Indian Penal Code. In his
speech, he suggested that the government established by law in British India was
thoroughly dishonest and unfair and that steps should be taken either by violence or
by threat of violence to abolish it, comes within the provisions of this section. Anyone
is entitled to hold what political views he chooses provided he expresses them with
proper restraint and with due regard to law. The right of free speech exists, subject
only to the qualification that the freedom is not permitted to degenerate into a licence
to provoke breaches of peace, to stir up disaffection towards the King Emperor or the
Government established by law in British India, or to bring the Government
established by law into hatred or contempt.

Sedition trial of M. K. Gandhi: Section 124A was invoked in March 1922 and this
was a historical case in the context of Sedition. The accused this time was
M.K.Gandhi and Shankarlal Banker was co-accused. The trial, held at the
Government Circuit House at Ahmedabad heavily guarded for that purpose, on March
18, 1922, ended in the Judge, Mr. Justice Robert Broomfield, sentencing Gandhi to
six years‘ imprisonment. Co-accused in the case, Mr. Banker, was sentenced for one
years‘s imprisonment and a fine. The case was based on a series of articles that
Gandhi wrote in Young India between March 1921 and February 1922 that were held
as seditious by the authorities; Banker was tried because he published Young India.
Gandhi did not plead innocent. His written statement contained the following
sentence: ``I hold it to be a virtue to be disaffected towards a Government which in its
totality has done more harm to India than any previous system‘‘. And he concluded
his arguments by seeking the judge to inflict the ``severest penalty‘‘. Judge
Broomfield, relied on the earlier judgments in the trial of Tilak, in this case who was
also booked under the same case earlier on two counts. Soon after he pronounced the
sentence, Gandhi stood up to say that he regarded it as the ``proudest privilege and
honour ‘‘ to be associated with the well revered name of Tilak. That was the last
occasion when the British authorities ever put the Mahatma on trial. On all subsequent
occasions, Gandhi was put in jail without trial!

❤MISCHIEVOUS STATEMENTS

Section 505: Statements conducing to public mischief: (1) whoever makes, publishes
or circulates any statement, rumour or report:

a. with an intent to cause, or which is likely to cause, any officer, soldier, sailor
or airman in the Army, Navy, Air Force of India to mutiny or otherwise disregard or
fail in his duty as such: or

b. with intent to cause, or which is likely to cause, fear or alarm to the public or to any
section of the public whereby any person may be induced to commit an offence
against the state or against the public tranquility; or

c. with intent to cause, or which is likely to incite, any class or community of persons
to commit any offence against any other class or community, shall be punished with
imprisonment which may extend to three years, or with fine, or with both.

Promoting Enmity between groups, 153A

(1) Statements creating or promoting enmity, hatred or ill will between classes
whoever makes, publishes or circulates any statement or report containing rumour or
alarming news with intent to create or promote, or which is likely to create or
promote, on grounds of religion, race, place of birth, residence, language, caste or
community or any other ground whatsoever, feelings of enmity, hatred or ill will
between different religious, racial, language or regional groups or castes or
communities, shall be punished with imprisonment which may extend to three years,
or with fine, or with both.
(2) Offence under sub-section (2) committed in place of worship etc.- Whoever
commits an offence specified in sub-section (2) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies,
shall be punished with imprisonment which may extend to five years and shall also be
liable to fine.

Exception: It does not amount to an offence within the meaning of this section, when
the person making, publishing or circulating any such statement, rumour or report, has
2829 reasonable grounds for believing that such statement, rumour or report is true
and makes, publishes or circulates it in good faith and without any such intent as
aforesaid. In Kedarnath Singh case the constitutional validity of Section 124-A and S
505 was upheld. They are held to not violate of Article 19(1) (a).
 ❤OBSCENITY

The society is now reeling under the impact of unending flow of cinema, story, dance
and drama through small screen of television and of pornography in its vulgar form in
personal computer with World Wide Web. The television with powerful, multi
channel visual splendors is totally occupying the young minds. Its utility in educating,
informing and news-giving is camouflaged by its misuse in dishing out obscene and
indecent stuff in the name of entertainment. Images of women in electronic media,
either by way of commercial advertisements or themes of serials or repeated show of
films, can straight away influence the young minds.

It is the need of civilized world to protect the human dignity and medium of any kind
has to project the image of humanity in decent form. The commodification of women
as the object of sex and obscene writing or visual or sensational theme of a serial or
film represents the moral and cultural levels of a society. While all other media have
their own limitations of reach, the TV and Internet have no technological, territorial or
literacy limitations. The writing is for those who know to read and write, and the film
as such is meant for which they have to pay. TV at present is playing a role of
"medium of the medium" by becoming a vehicle for films based on stories and
novels. Seeing a cinema in theatre requires preparedness, whereas the TV which has
become an inevitable ingredient of either drawing room or bed room, repeats a film
either in totally or in part for umpteen number of times without requiring any
preparedness on the on the part of audience except to switch on the set. A song and
dance part or a fight sequence is having a tremendous impact because of its repetition
in TV, the most powerful and effective vehicle of thoughts at present. The internet as
an information infrastructure, a communicative device, is viewed as a tool for
democratising speech on a global basis. Some say that no national law can regulate
the net users and TV viewers. Before understanding the effectiveness of any control
over distorting image of the women, it is necessary to know the existing legal controls
over the media.

Restriction on Freedom of Expression: Constitution of India30

The constitution Art.19(1)(a) recognizes the right to freedom of speech and
expression, which can be restricted under Art.19(2) where in several grounds were
prescribed including "decency or morality and public order", through which the image
of humanity and dignity of women can be sought to be protected in the media
projections. The society is bound to decay if high standards of decency and morality
are not maintained. It is imperative for its preservations for the base, carnal and low
instincts of its members must be curbed. Hence the need arose to include the ground"
decency or morality" in Article 19(2) to justify the restrictions on the freedom of
speech and expressions which may otherwise be conveniently abused for deliberately
lowering the public morals.

Obscenity and Indecency:

'Obscene means offensive to chastity or modesty; expressing or representing
to the mind or view something that delicacy, purity and decency forbid to be
expressed; impure, as obscene language obscene pictures'. Decency connotes
conformity to standards of propriety' good taste or morality, conformity to ideals or
right human conduct34 . According to Oxford dictionary, obscene means 'offensive to
modesty or decency expressing or suggesting unchaste and lustful ideas; impure,
indecent. Indecency includes anything which an ordinary decent man or woman
would find to be shocking disgusting and revolting. Indecency is a wider concept than
obscenity. Anything obscene has to be indecent, but indecency may be something
which may not be obscene always, in the sense of tendency to disgrace and corrupt
the reader. For example glorification of violence and a criminal may not be offensive
and obscene under Section 292 IPC but is still punishable under the Young Persons
Harmful Publications Act, 1956, for not being decent for them. Decency is the ground
available under Article 19(2) on which restrictions can be placed on the freedom of
speech and expression.

Hicklin Test: Validity

It has to be decided on the facts and circumstances of each case whether in the
context of its surroundings, the questioned act is obscene or not. As stated in Ranjit
D. Udeshi v. State35 none has so far attempted to define 'obscenity'. In this case, the
Supreme Court upheld constitutionality of Section 292 and applied what is known as
the Hicklin test as the right test to determine obscenity. The test laid down by the
Chief Justice Cockburn in Queen v. Hicklin, was referred: Whether the tendency of
the matter charged as obscenity is to deprave and corrupt those whose minds are open
to such immoral influences, and into whose hand a publication of this sort may fall…
it is quite certain that it would suggest to the minds of the young of either sex, or even
to persons of more advanced years, thoughts of a most impure and libidinous
character"The Supreme Court recently allowed some scenes of female frontal nudity
and ghastly rape in the feature film "Bandit Queen" saying that they were essential to
explain why Phoolan became a bandit Queen. The Court refused to cancel the censor
certification to the film, saying that the scenes were not obscene.The standards of
contemporary society in India are fast changing like anywhere in the world. The
concept of obscenity however would differ from country to country depending on the
standards of morals of contemporary society. What is considered as a piece of
literature in France may be obscene in England and what is considered in both
countries as not harmful to public order and morals may be obscene in our country,
but to insist that the standard should always be for the writer to see that the adolescent
ought not to be brought into contact with sex or that if they read and references to sex
in what is written whether that is the dominant theme or not they would be affected,
would be to require authors to write books only for the adolescents and for the adults.
In early English writings authors wrote only with unmarried girls in view but society
has changes since then to allow literatures and artists to give expression to their
ideals, emotions and objectives with full freedom except that it should not fall within
the definition of 'obscene' having regard to the standards of the contemporary society
in which it is read. The standards of contemporary society in India are fast changing.
The adults and adolescents make use of a large number of classics, novels, stories and
pieces of literature which have a content of sex, love and romance. In the field of art
and cinema also the adolescent is shown situations which even a quarter of a century
ago would be considered derogatory to public morality, but having regard to changed
conditions are more taken for granted without in any way tending to debase or
debauch the mind. What has to be seen is whether a class, not an isolated case, into
whose hands the book, article or story falls, suffers in their moral outlook or become
depraved by reading it or might have impure and lecherous thoughts aroused in their
minds.In the Victorian age, it used to be bad manners for the women to expose her
ankles, but in the 20th century it became a fashion to expose even to the knees and
with the advent of the 21st century that the dress are going above the knees and below
the waist-line. The hidden parts are only to arouse curiosity. This is becoming the
moral code of the day, making it sure that moral codes differ from age to age, because
they adjust themselves to historical, social and environmental conditions and that
man's sins may be the relics of his rise rather than the stigma of the fall. So is the look
of decency. It differs from age to age, man to man and eye to eye. What is decent for
one may not be for other. What is termed as decent today, perhaps was not so a
decade before. Hence there is varying the meaning of decency, the meaning of moral
and so also the degree thereof. There does not appear to be one universal scale to
weigh decency or moral values nor there immutable standard thereof.

4.Media and censorship:

Censorship is proclaimed to be a tool that is placed to keep a fair check on
what comes into the public domain and how this information or data fulfills certain
commonly acceptable standards to maintain harmony, peace and social order. The
term 'censorship' in Indian law has often led to a fire and ice type debate amongst
laymen, politicians, thinkers, organizations and various other groups. However,
censorship has connotations, grounds of operation, and room for interpretation
that goes much beyond this commonly assumed understanding and is subjective in its
application and observation. This makes censorship legislation prone to misuse.
Particularly in India, censorship laws take everything that comes in public domain
– advertisements, theatre, films, series, music, speeches, reports, debates, magazines,
newspapers, plays, any form of art, dance, literature, written, documentary or oral
works – in their sweep. Thus, there have been several instances when speeches and
other forms of public expression have been removed from the public domain on
account of being outrageous, indecent,against morality, public order or for hurting
religious sentiments – parameters which have no specific definitions or proper
contours. Such instances seem to be growing in their ambition, ambit, and number and
are seen as a major threat to freedom of speech and expression.
Working in India:
Censorship process is done by the concerned authority or a designated
body.Censorship is exercised in India directly and indirectly via different legislations
and authorities, in different domains like Indian Penal Code, Code of Criminal
Procedure, Central Board of Film Certification, Press Council of India,
Cinematograph Act, 1952, Cable Television Act etc.
Code of Criminal Procedure (Cr.P.C): Section 95 of the Cr.P.C allows forfeiture of
certain content/ publications. It is punishable by the State Government via an
official notification under this section if any newspaper, book, or document, wherever
printed, contains any matter that the State Government considers harmful to the state.
This would allow a magistrate to issue warrants to search for 'objectionable'
publications.

CBFC:
The Central Bureau of Film Certification (CBFC) is a statutory body operational
under
the Cinematography Act, 1952. It regulates the content of films that are brought into
the public domain. The CBFC follows a system of prior certification of films and
the broadcasters are bound by the guidelines under the 'Programme Code and
Advertisement Code' to follow the certification provided. It provides for
categorization in the following four categories i.e.

'U'- connotes the category of unrestricted exhibition.

'UA'- connotes category of unrestricted exhibition except children below the age
group of 12 years of age.
'A'- connotes the category of exhibition permitted and restricted to adults.
'S'- connotes the category of films restricted to specified class of people only.

Press Council of India:

It is a statutory and quasi-judicial body which was established under the
Press Council Act, 1978. It acts as the self-regulatory body for the press and
regulates what comes to the media domain. This body emphasizes the need for
media persons and journalists to selfregulate, and acts as a watchdog for media
content at large to assess if it goes against press ethics and the public interest.

The Cable Television Networks Act:

This act also filters the kind of content that can be broadcasted. For
keeping a track over cable operators, the act mandates a compulsory registration for
cable operators. It also lays down provisions to regulate content to be broadcasted
by the cable operator, following this it mandates the certification of film by CBFC
under the category-'U' (i.e. Unrestricted-public-exhibition) before it is transmitted or
broadcasted via cable television irrespective of the film being produced in India or
abroad. This Act confers ample power to the government to ban cable operators,
channels or certain programs that violate the given program code or guidelines as
prescribed by the rules made under the act- 'Cable Television Networks Rules'.

Social Media Platforms and the New IT Rules, 2021:

Given the significant rate of growth of social media, its censorship has been
a growing point of concern in India as till recent times, it was not under the direct
supervision of any government authority or direct and specific regulation thus far. At
present, the Information and Technology Act, 2000 regulates social media usage,
and Sections 67A, 67B, 67C and 69A, in particular, include the specific regulatory
clauses.

IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021:

These were preceded by the amendments to the 'Allocation of Business
Rules' under the IT Act, 2000 to bring films, audio-visual programmes, news, current
affairs content, and digital and online media including OTT (Over The Top) platforms
like Amazon, Netflix, and Hotstar under the purview of Ministry of Information &
Broadcasting (I&B), Government of India. The IT (Intermediary Guidelines & Digital
Media Ethics Code) Rules, 2021 put in place after this amendment include new
compliance and redressal mechanisms for social Media, OTT, digital news and even
messaging apps (like WhatsApp and Viber).

Pros:

 Censorship Prevents Disharmony: Censorship prevents disharmony in society

by prevention of disclosure of objectionable content that can lead to communal
discord

 Preserves the Security of the State:

The censorship of the internet can help to protect social stability and national
safety. Since internet censorship can help to curb the large number of illegal
activities and internet crimes, it is good for the stability of society. Some illegal
organizations or people may release black information which will disturb the
national economy and polity. The terrorists and extremists may release false
information to distort facts, confuse the public people’s mind and create fear and
panic thorough internet.

 Maintains Morality in the Society: Censorship can help in maintaining morality

in society.

 Prohibits the Spread of False Beliefs or Rumours: Government can use the
Censorship for prohibiting the spread of false beliefs or rumours and can also be
used to curb access to Harmful Activities by preventing their public display and
others. The censorship of internet can filter the inappropriate information
online and protect children from disturbing websites, such as, child
pornography, sexual violence and detailed instructions in crime or drug use.

Cons:

 Tool for Moral Policing: The practical application of the censorship legislation
can end up becoming a tool of moral policing that controls other people's lives
rather than concerning itself with larger public issues. The wide-ranging powers
given to the regulatory body under the new rules, which is composed of
bureaucrats, also runs the risk of discretionary political control.

 Against the Constitutional Mandate of Free Speech:

The circumferences of morality, taste, and distaste differ widely in India. Hence, this
level of intense censorship is far off-course from the constitutional mandate of free
speech and expression as guaranteed to all Indian citizens (subject to certain
reasonable restrictions).

5.Media and copyrights:

The intellectual property rights grant a great degree of protection under various heads
such as Trademark, patent, copyright, design, the geographical indication of goods,
etc. With a population of 1.38 billion, India has quality artists, authors, and inventors
and owing to its huge population it becomes very difficult to make sure that every
single idea conceived by an artist has its protection. "Copyright" plays an important
role in giving priority to an individual's idea by granting protection to it.

As per the Copyright act, 1957, a Copyright is a legal right that is given to a person
for a limited time for his authentic and original work for publishing, licensing,
assigning etc. The essential ingredient that fulfills the purpose of copyright is an
"idea".

Without an idea, there can't be a subject claiming copyright. India is a democratic

country that gives everyone the power of speech and expression which has lead to
formation of a censor board for making sure that whatever is portrayed in the media
industry does not hurt any religious or cultural feelings. A person is said to have a
creative mind if he thinks outside the box that is why the director is said to be an
important part of a movie because of the visualization he has for the movie. He knows
from what angle the shot has to be taken that goes in tandem with the script.

In the media industry, the fields which get copyright protection are:

 Literary work
 Dramatic work
 Artistic work
 Musical work
 Cinematography work

After completing his story, an author approaches various production houses to make a
movie out of it. Production houses have a team of directors and producers that would
help the author in visualization and getting the final product. But it may happen that a
third person steals the author's script. Now, if the author has copyright protection it
would be easy for him to sue the party in the court of law and demand damages and
relief. But suing for unregistered copyright could lead to nothing as copyright is
distinctive and it is compulsory to have it registered.
The function of Copyright in the Media Industry
Let us understand the basic function of the copyright from a layman's point of view
and why it is important. Suppose there is a western song that became a hit in its native
country and then some music director in India comes up with a remake of the same
tune after a few years. In such a situation, if that western song has registered
copyright then they can sue the music director under TRIPS agreement (Agreement
on Trade-Related Aspects of Intellectual Property Rights) and make a claim for the
damages.

There was a song by Chris Brown "Turn up the music" released on Feb 17, 2012. The
music is quite similar to an Indian song "Hookah bar" by Himesh Reshammiya
released on Nov 8, 2012. This case never went to the court of law but if it did, it
would have been a copyright infringement. Let us understand certain acts that do not
lead to copyright infringement. The act that does not constitute an infringement is
enshrined under section 52 of the Copyright Act, 1957. Section 52, is based on the
doctrine of "fair dealing".

This doctrine creates an area of exception which technically grants certain limitations
to the exclusive rights of the copyright owner to maintain the authenticity of the work.
In India, the judiciary deals with an enormous volume of workload because of the
gigantic population we have, therefore, whenever any case of copyright comes to the
court of law, the doctrine of "fair dealing" is applied and is determined on the
following four factors:

 What is the actual use of the work?

 What is the nature of the work?
 What kind of amount is used in the work?

The effect of the use of the work based on the original

In the case of India TV Independent News Services Pvt. Ltd. vs Yashraj Films
Pvt. Ltd, the fact was that the appellants (India TV) made a show which consisted of
documenting the life of the singers. The defendants (Yashraj Films Private Ltd)
claimed that the documentation was quite similar to one of their movies and it would
amount to infringement of copyright. The appellant took the defense of section 52 of
the Copyright Act, 1957.

The Delhi high court dismissed the defense and an injunction was granted against the
appellant. They were prohibited from producing and broadcasting. The court said,
"The Rule of Law loses its meaning if it does not run close to the Rule of Life", and
applied the four factors of "fair dealing". The court added, that with the amendment to
the Copyright Act as per the Copyright Amendment Act 2012 with effect from June
07, 2012, Section 52 of the Copyright Act stands amended and the defense of fair
dealing is now available even to derivative copyrightable works.

R.G. Anand vs M.S. Delux Films (AIR 1978 SC 1613)

There are times where judgment passed in a single case can define the entire statute.
For example, when we think of a violation of any fundamental right, then in an
instinct we are hit in our cerebral periphery with the case of Kesavananda Bharati
Sripadagalvaru & Ors. vs. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970)
or Maneka Gandhi vs Union Of India 1978 AIR 597, 1978 SCR (2) 621 that
elucidates Article 21 of the constitution.

Similarly, R.G. Anand vs M.S. Delux Films is a case of copyright in the

entertainment industry which is contemplated as the main branch of the copyright
system.

The facts are as follows:

"Hum Hindustani" was a play written by the plaintiff. In 1954, the defendant wanted
to make a movie based on the plaintiff's play, so they met for a discussion. The
defendant had not given any commitment to the plaintiff and soon he (plaintiff) found
out that the defendant had made a movie by the name of "New Delhi". The plaintiff
filed a suit against the defendants, claiming that they had infringed his work. The case
went to the district court and then to the high court where it was rejected. When the
case reached the Supreme Court, many valuable points were laid down.

"A play is a dramatic work under Section 2(h) of the Copyright Act, 1957".
1. There can be no copyright in a thought, topic, subject, plot, or recorded or
universal reality, and infringement of the copyright in such cases is bound to the
structure, way and game plan, and articulation of the thought by the creator of the
protected work.
2. The similarities have to be observed of the copyrighted work.
3. Having the opinion of the viewer so that the work appears to be a copy of the
original.
4. Where the subject is the same but elucidated in a different manner, it will not
lead to an infringement.
5. Broad dissimilarities along with similarities (if coincidental) will not lead to
an infringement.
6. If the viewer has a reason to believe that there had been an infringement on a
large scale then the violation de facto would be void ab initio.
7. In the case of a stage play, the burden of proof would always be on the
plaintiff.

Power of court in Copyright (The Code Of Civil Procedure, 1908)

Along with the enormous workload, the judiciary also has enormous powers to deal
with it. In India, copyright issues are dealt with in various courts such as district court,
high court, and the Supreme Court. There are times when the parties in dispute require
a speedy trial so they can go for arbitration and mediation.

Under the Copyright Act, people who can file a suit for any kind of damage are
Copyright holders, exclusive licensees, or non-exclusive licensees. There are two
kinds of remedies provided to the parties:

 Civil &
 Criminal

Injunction/Command (Section 39, Specific Relief Act 1963)

An "Injunction" is a command that dictates the party to refrain from doing any
specific act. It is a remedy that is addressed to a person from commencing something.
It is of two types � temporary and permanent. Often there is an ambiguity as to
whether "Stay" and "Injunction" fall under the same category. Well, the answer is no.
Stay means "stoppage, apprehend, or suspension of judicial proceedings while
injunction means restraining a person from commencing any act. Mulraj vs Murti
Reghunathji Maharaj.

Anton Piller Orders

This order gives access to plaintiffs to search the premises of the defendants for
documents and articles. It also allows them to make copies or remove them to a safer
place if they have a reason to believe that the documents could be demolished or
tampered.

Jon Doe Order- ( Order 39 rule 1 and 2 of the CPC)

This order is given in the cases where the infringer is known/unknown. Jon Doe is a
pre-infringement injunction remedy provided to protect I.P.R. For example, (in the
cases where the infringer is unknown) if a person downloads a movie illegally using
VPN's to hide his identity, the plaintiff could reach the court filing a suit against the
ISP (Internet Service Providers) for the removal of the movie and to claim for the
damages. And in cases, where the infringer is known you can simply write a notice of
warning to the infringer or go to the police and file an F.I.R.
The police have the power to confiscate illegal belongings under section 64 of the
Copyright Act, 1957.

Quia Timet Actions:

In criminal law, we have "anticipatory bail", which means that when an accused has a
reason to believe that he might be arrested for a crime he had not committed, he can
apply for anticipatory bail. Similarly, in copyright when a plaintiff anticipates
infringing activities by the defendants, he could go up to the court and ask for a "Quia
Timet Actions" order.

Criminal remedies are enshrined under Chapter XIII of the Copyright Act:
Penalty:
The term of imprisonment is mentioned under section 63 of the Copyright Act, 1957,
which is not less than six months, and payment of a fine which could vary from Rs
50,000 to Rs 200,000.

Double Jeopardy:
The penalty is enhanced in this offense. A person who is convicted of an offense
under section 63 of the Copyright Act and is again convicted of such offense shall be
punished with an imprisonment of 1 year that may be extended to 3 years.

6.Media and RTI

The Press Council on March 2001, had stated that the Right to Information
Legislation as very vital for the media. It stated that- “ At present, one of the
stumbling blocks in the path of investigative, analytical and popular journalism is the
difficulty in getting access to the official information. The bureaucracy, the police the
army, judiciary and even the legislature guard information regarding even the most
mundane subjects with astonishing zeal. Few journalists are able to break this iron
curtain of the official non-cooperation. The right to Information will encourage
journalists and society at large to be more questioning about the state of affairs and
will be powerful tool to check the unmitigated goings-on in the public realm and will
also promoter accountability. No longer will scribes have to depend on conjecture,
rumour, leaks and sources other than knowledgeable sources. The legislation when
enacted will pose an antidote to vested interests which try to conceal or misinterpret
information or which try to manipulate media directly or indirectly to plant
misinformation. Through this legislation, transparency in public, professional, social
and personal sphere can be achieved.”

It is really surprising that such an accurate evaluation by the Press Council was not
give any importance by most of the media. The media could not even find time to
welcome the implementation of the Information Act officially. This was just believed
to be the matters related to the farmers of Rajasthan and of the people of the slums of
Delhi or thought as the matter related to the NGO type people. Its use was far away
from question. It was completely ignored by the media. While, on the other hand few
people who used it as a weapon in journalism had an interesting experience and
showed new path as well.

Under section 19(1) (a) of the Indian constitution, the citizens of India have been
given the right to freedom of speech and expression. But without access to
information, this right was incomplete. Right to receive and right to impart
information have been held to be a part of freedom of speech and expression
guaranteed by sub-clause (a) of clause (1) of Article 19 of the Constitution subject of
course to the reasonable restrictions, if any, that may be placed on such right in terms
of and to the extent permitted by clause (2) of the said Article. It has been held by the
Supreme Court in Secretary, Ministry of I & B, Government of India v Cricket
Association of Bengal ((1995) 2 SCC 161) that: “The freedom of speech and
expression includes right to acquire information and to disseminate it. Freedom of
speech and expression is necessary, for self-expression which is an important means
of free conscience and self-fulfillment. It enables people to contribute to debates on
social and moral issues. It is the best way to find a truest model of anything, since it is
only through it that the widest possible range of ideas can circulate. It is the only
vehicle of political discourse so essential to democracy. Equally important is the role
it plays in facilitating artistic and scholarly endeavors of all sorts. The right to
communicate, therefore, includes right to communicate through any media that is
available whether print or electronic or audio-visual such as advertisement, movie,
article, speech, etc. That is why freedom of speech and expression includes freedom
of the press. The freedom of the press in turn includes right to circulate and also to
determine the volume of such circulation. This freedom includes the freedom to
communicate or circulate one’s opinion without interference to as large a population
in the country, as well as abroad, as is possible to reach.”

In ‘The Cricket Association of Bengal’ case, it was held that the right to impart and
receive information from electronic media is a part of the right to freedom of speech
and expression.In Bennett Coleman, the right to information was held to be included
within the right to freedom of speech and expression guaranteed by Article19 (1)
(a).· In Raj Narain , the Court explicitly stated: ‘The people of this country have a
right to know every public act, everything that is done in a public way by their public
functionaries. They are entitled to know the particulars of every public transaction in
all its bearings.

Evaluation of the public authorities and the governance is impossible without factual,
current/updated and primary information. The public authorities always kept guard
on each information. The tragedy was that the bureaucrats were having the weapon of
Officials Secret Act, which played over the right of speech and expression, and the
some constraints lay down by the constitution. Therefore, the rights of the citizens
remained confined. Similarly, the judiciary has the Contempt of Court provisions and
the legislature have the parliamentary privileges. It was impossible for the journalist
to go into the depth of any matter properly under these constraints. Now, with the
legislation of the Right to Information, it has become a tremendous weapon for the
common people and the media as well.

Wide Scope of RTI

The government was forced to withdraw its decision of privatizing the Delhi
Jal Board. This is one of the major achievements of Right to Information. This
episode has cleared as to how the government bent before the World Bank to fulfill
the interests of the multinational companies. The workers of Right to Information
evaluated the documents containing more than four thousand pages carefully and
exposed a frightening truth. This is an example for the media to learn and understand
it. The media may hardly have its own such example.

In 1998, secretly the privatization of the Delhi Jal Board was started with the help of
the World Bank. The Parivartan’s team scrutinized the documents, which contained
more than four thousand pages, carefully. The facts indicated a frightening truth. It
was revealed that in order to provide the tender to the multinational company Price
Waterhouse Cooper (PWC) the World Bank had forced the Delhi Jal Board and the
Delhi government to agree on disgraceful terms. Other concerning facts also came
out. The cost of the water would have risen by six times if this plan has been
implemented. The water would have been provided to only those areas were people
would voluntarily agree to lay down the pipelines at their own expense.

7.Cyber laws

Cyber law deals with the legal aspects of cyberspace, the internet, and computing. In a

broader view, cyber law handles the issues of intellectual property, contract,

jurisdiction, data protection laws, privacy, and freedom of expression in the digital

space.
In addition to regulating the overall internet’s happenings and crimes, cyber law

recognizes popular usages, which include e-documents. Earlier, contracts,

agreements, or anything of a legal nature was made on paper. With the recognition of

e-documents and digital signatures, the world is moving fast toward a paperless

future. Since this reduces the use of paper and increases sustainability, these processes

are widely encouraged by several environmental enthusiasts.

The very first cyber law to exist was the Computer Fraud and Abuse Act (1986.)

Currently, there are several cyber laws around the world, and the penalties,

punishments, and regulations vary to an extent.

Types of Cybercrime

DDoS and botnet:

This is one of the top arenas covered by cyber law, in general. Large websites are

usually a target for hackers looking to steal data or extort money from site owners.

Hackers do so by generating traffic beyond the site’s capacity, which, eventually,

crashes the site. When the site is not functioning, the hackers steal the data or contact

the site owner and demand money to restore the site.

This type of attack is known as a DDoS attack and is done via the botnet system.

Identity theft
Identity theft, as per cyber law, is the stealing of someone’s identity and passing it off

as your own in an online forum. This is a serious concern in cyber law because

hackers steal your private and confidential information and use the same for malicious

gains.

Cyberstalking:

Cyberstalking, as per cyber law, is the usage of an entity’s social media or online

information to threaten, stalk, or extort money from them. The data collected by the

attacker is, generally, sensitive and can cause issues such as security breaches,

defamation, and more.

Social engineering

The concept of social engineering in cyber law is stealing by gaining confidence.

Through social engineering, criminals usually target people who have considerably

less knowledge and understanding of the functioning of banks, social media, and

digital operations, in general.

By posing as a trustworthy person or customer care representative, criminals gain

access to people’s banks or social media accounts and proceed to sell the data gained

through the same. Sometimes, the accounts can be hacked for extortion as well.

Importance of Cyber Law

Cyber law is of paramount importance in our digital age as it safeguards digital assets,

prevents cybercrimes, regulates online activities, protects e-commerce and consumer

rights, fosters international cooperation, upholds intellectual property rights, ensures

data privacy, and provides legal remedies. It plays a vital role in establishing legal

order and security in the digital realm, protecting both individuals and organizations

in an interconnected world.

Objectives of Cyber Law

Lawmakers have executed cyber law legal protections with the following objectives:

The following features of cyber law make the internet a much safer place to explore:

 To be a safety net against online data predators.

 To ensure justice for cybercrime victims

 To prevent debit card or credit card fraud. Many people have switched to

digital payment methods. Cyberlaw tries to make sure that victims do not have

to go through the additional agony of long procedures.

 To block transactions when there is any unusual activity such as the input of

an incorrect password.

 To ensure the safety of protected data. By knowing what cyber law is, one can

easily adopt preventative measures.

 To ensure national security.

The various advantages of cyber law include the following:

  Better protection of e-commerce sites ensures better revenue for the

companies; this, in turn, ensures a better economy for the country.

 Grievances for online transactions will be heard by the court as a part of the

remedial measures of cyber law.

 Recognition of e-documents and grievances on the same will be heard by the

court.

 Fixing security issues by the companies leads to better data protection

standards.

 Ensuring proper usage of data by the companies.

The above-mentioned are a few of the popular aspects of cyber law in India. This is

not legal advice. If you require cyber law remedies, contact a lawyer immediately.