Module IV Media Regulation

4.1 Meaning, Importance

4.2 Measures – Socio Cultural, Legal, Religious and Ethical
4.3 Copy right, Patent, IPR, and Cyber Ethics
4.4 Censorship
Media in general refers to “medium” which in turn means communication, the mode
of expression. Media not only plays an important role in democracy but also entertains the
public by the way of films, music, dance, drama etc. Media is broadly classified into three
categories:

1. Print media which includes newspaper, books, press releases, booklets, magazines
etc.
2. Electronic media includes films, radio and television.
3. New age media which can be accessed through the internet or by other means
plays a major role for the films, web series or music to be released on Over the
Top (OTT) platforms.
After independence, with the advent of the technology and to ensure that there is no
misuse of media activities the need for regulating the media was felt, especially radio,
television, press as well as newer means of distribution like cable, films, satellite etc. In India
the government has not only established specific laws to regulate the media activities but also
to protect freedom.
With the objective to regulate the media industry the concerned authorities enacted
various legislation from time to time like the Press Council of India, Ministry of Information
and Broadcasting, Central Board of Film Certification, Telecom Regulatory Authority of
India etc.
Media Laws
During British period as well as post-independence of India there have been various
laws or legislation passed by the authorities in order to regulate the media activities and to
protect the freedom of media. Some of the important media laws are:

1. First Press Regulation, 1799

2. Gagging Act, 1857
3. Indian Press Act, 1910
4. Vernacular Press Act, 1878
5. Constitutional Provisions regarding Press Freedom
6. Official Secrets Act, 1923
7. Press and Registration of Books Act, 1867
8. Contempt of Court Act
9. Cinematography Act, 1952
10. Young Persons (Harmful Publications) Act, 1956
11. Parliamentary Proceedings Act, 1956
12. Delivery of Books and Newspapers Act, 1954
13. Copyright Act, 1957
14. Press Council of India Act, 1965
15. Prasar Bharati Act, 1990
16. Cable Television Regulation Act, 1995
17. Telecom Regulatory Authority of India, 1997
18. Sports Broadcasting Signal (mandatory sharing with prasar bharati) Act, 2007
Media Regulation:
Media regulation refers to the official rules and orders that control the operations of the
media. Some of the different types of regulations that apply to newspapers and other media
organizations are:

1. Media controlled by the government: This type of regulation often occurs in

countries that do not enjoy democracy. In countries with authoritarian
governments such as North Korea, the activities of the media are directly
controlled by the government. So for instance the government can decide to
prevent the media from publishing or broadcasting certain news stories to the
general public.
2. Independent statutory regulators mandated by the government to control and
monitor the operations of the media are also quite common in some countries.
These independent statutory bodies are generally responsible for making sure that
media organizations operate within the law. They also are responsible for the
issuance of licenses to media organizations to operate and monitor them carefully.
3. Voluntary media regulation: This is a type of media regulation where the media
themselves appoint a body that will regulate their operations. Media self-
regulation normally comes in the form of the ethics and codes of practice that
govern the profession.
4. Regulation as a result of the pressure from the audience: The audience is very
powerful and can play very instrumental role in regulating what the media
publishes or produces. For instance people can campaign against material
produced by the media that they feel is offensive or immoral. The more such
pressures come from the audience, the more the media is forced to self-censor
themselves.

Importance of Media Regulation:

Media regulation would include regulation of conduct, structure or content of media.
Regulation would prohibit character assassination and defamation, would set up provision
regarding national security, indecency, wickedness, agitation promoted via the media,
regarding the contents of films. Media regulation would also help in protecting privacy laws,
laws concerning intellectual property rights, and prohibitions against provocation to violence,
racial hatred, etc. Need for regulating the press is also important in terms of moderating or
supervising the credibility of the information that is published. News that has been displayed
on television or published in a newspaper should be factual and based on actual happening; it
should be a justified interpretation of the event and not “point of view” of what has happened.
Moreover it is important to regulate media in order to ensure the cultural diversity in
media content and to provide the free space to put forward various opinions and ideas without
censorship.
With the recent growth in the Media and Entertainment industry the use of the internet
for media consumption has mobilized this growth. In the recent past the OTT platforms offer
curated video content that is probably suited to the needs and demands of the individuals. The
contents displayed through this platform are highly against ethics; high use of obscenity,
vulgarity, content that can hurt religious sentiments, defamation but no action can be taken as
OTT platforms are not regulated by any legislation. Some specific laws or legislation must
regulate this platform to ensure cultural diversity.
Government Control over Media:
Media in India are self- regulated. The government does not have control over the media
except a few. It depends what type of media is it. Media is broadly classified into 5 parts in
India:
1. Print media in which more emphasis is given to Newspapers;
2. Broadcasting, includes Radio;
3. Cable and Telecommunication includes Television;
4. Films;
5. OTT platforms.
Newspaper:
Generally the government does not regulate newspapers and magazines. The Press Council
of India is a quasi- judicial body constituted by the parliament and regulates print media in
India. Its main objective is to maintain and improve the quality of newspaper and news
agencies and to preserve the freedom of press. But it does not have the power to impose a
penalty. There are also other laws which deal with the regulations imposed upon the print
media which include the Press and Registration of Books Act, 1867 which came
under British rule with the motive that if anything derogatory or explicit or ethically
wrong/misleading or anything which creates a threat to the security and sovereignty of the
nation, then the publisher can be proven guilty.
Television: Government Regulated:
Television came to India in 1969 and the government was controlling it and used to show
only those programmes which can educate, entertain and inform the people. Doordarshan
along with AIR is completely under government control working as department of the
Ministry of Information and Broadcasting. All the programmes were shown on Doordarshan
channel which was controlled by the government. Later on with the establishment of Prasar
Bharati Act 1990, Doordarshan along with AIR became autonomous in 1997.
Private ownership
But in the early 90’s the government faced financial problems and then they started with
private channels, which later started to turn into companies and started earning huge profit
but at the same time the quality of the programmes started degrading and the need of
regulation was felt. All the private channels came together and insisted not to imply any law
instead proposed the self-created guidelines and assured the court to abide by it.
Other self- regulatory bodies which govern television content in India without government
intervention includes Cable Television Networks (Regulation) Act, 1995, Telecom
Regulatory Authority of India Act, 1997, Policy Guidelines for downlinking of Television
Channels and Guidelines for obtaining DTH license among others. News channels are
governed by a self-regulation body, the News Broadcasters Association (NBA).
Radio: Government regulated AIR:
With the liquidation of Indian Broadcasting Company in 1930, the government of
India started controlling radio broadcasting. Firstly it was called All India Radio in 1936 and
later was renamed as Akashvani from 1957. With the establishment of Prasar Bharati Act,
1990 the radio broadcasting became free from government control and later AIR also became
an autonomous body without government control.
Private radio broadcasting:
There are ranges of different types of private broadcasters from big Multinational
Corporation to small local FM stations. All private broadcasters usually earn a huge profit. As
radio was almost used by every household the government in 1999 approved the
establishment of 150 private FM radio stations.
Films:
Film industry of India is completely free and independent. The filmmakers are free to
make the film as they want. But the distribution networks of films are controlled by the
government. Central Board of Film Certification (CBFC) is a statutory film certification
body in the Ministry of Information and Broadcasting of the Government of India. The main
task of CBFC is to regulate the public exhibition of films in theatre by giving certificates and
not to do censorship of the contents under the provision of Cinematography Act, 1952. The
board currently issues four certificates. The certificates are:
• U: Unrestricted public exhibition.
• U/A: Parental guidance for children under age 12.
• A: Restricted to adults.
• S: Restricted to a specialised group of people, such as engineers, doctors or
scientists.
National Film Development Corporation (NFDC) was established in 1980 with the task of
promoting good cinema, to produce and finance films, and overseas distribution of films.
National Centre of films for Children’s and Young People (CFSI) established in 1955,
which produce and distribute films which essentially provide a clean and healthy
environment for children and young people.
OTT Platforms:
As OTT platforms are not regulated by any statutory body it enjoys ample amount of
freedom and displays content with all sought of vulgarity. But in the recent time OTT
platforms like (Hotstar, Voot, Netflix, Amazon prime etc) have considered self regulation of
online content through voluntary code specifically for language, violence and sex.
Media is a powerful means for spirited democracy. The basic principles of democracy
are that the media should enjoy more freedom and face less restriction from the government.
With the growing time the media has to play the role of a regulator to the government and
safeguard democracy itself. It is correct that sometimes the media is biased and might even
feed us factually incorrect stories. But, controlling the media will only make the situation
worse where agencies try to please the government. On the other hand, in a free and
competitive environment, there is less chance that prejudice will survive for a long time.
States can impose certain restrictions and there are certain laws which regulate the
functioning of the media in India.
CENSORSHIP:

Censorship has followed the free expressions of men and women like a shadow
throughout history. In ancient societies, for example China, censorship was considered a
legitimate instrument for regulating the moral and political life of the population. The origin
of the term censor can be traced to the office of censor established in Rome during 443 BC.
In Rome, as in the ancient Greek communities, the ideal of good governance included
shaping the character of the people. Hence censorship was regarded as an honourable task. In
China, the first censorship law was introduced in 300 AD.
Meaning, Definition & Concept of Censorship:
The word censor means the process of examining things such as movies, books and
other forms of publications going out into the public domain in order to remove anything that
might offend the public. In the process of censoring, censors remove anything that the general
public might consider offensive or morally harmful.
Censorship is the changing or the suppression or prohibition of speech or writing that
is considered rebellious of the common good. It occurs in all manifestations of authority to
some degree, but in modern times it has been of special importance in its relation to
government and the rule of law.It can be defined as ‘the suppression of words, images, or
ideas that are offensive’. It happens whenever some people succeed in imposing their
personal political or moral values on others.
Censorship, a concept as widespread as humanity and as old as civilization, is the act
of suppressing or deleting expression that is considered offensive on moral, political,
religious, military, or other grounds. The term is applied most often to interference by a
government or an authority in interpersonal or mass communication. The origin of the word
underscores this definition. In the ancient Roman Republic, censors were public officials who
kept the register, or census, of citizens; their duties expanded to include supervising public
morals, rewarding the virtuous, and dishonoring the degenerate and corrupt.
Today, official censorship can take many forms, including the banning of books,
governmental review and approval of information before it is published or broadcast, and
military restrictions on news affecting security on the battlefield. However, attempts to
impose limits on expression are not limited to those in power and are not always reinforced
through punishment or threats that attempt to discourage future transgressions. Although
scholars find it difficult to agree on how broadly one can stretch the definition, it can be
argued that censorship occurs unofficially and informally whenever speech or behavior is
restricted for a moral purpose.
Some of the common examples are: School boards that ban library books since it is
morally questionable, or racially insensitive to be read by school children, Parents who lock
out adult-oriented cable TV channels so that their children cannot view them, Religious
authorities who forbid discussion of deviating ideas etc. There are some people who
voluntarily abstain from profanity, violation, or vulgarity even when they are not subject to
any religious/other penalties. It is self-censorship; i.e., restraining their speech/acts to avoid
harming themselves or others.

Significance of Censorship in Current Scenario:

Censorship is the changing or the suppression or prohibition of speech or writing that
is considered rebellious of the common good.It is an evil necessity. As much as it is disliked, it
can provide a much needed protection in society especially in today’s world, where people are
easily vulnerable to various things without seeing the right or wrong in that. Censorship may
come from oneself i.e. self-censorship or it can be imposed by government or some other
authorities or even elderly people. Censorship is a necessary for the protection of a country, for
keeping the children in right track and moreover, India being a secular, democratic nation, it is
very much needed for maintaining communal & religious harmony too. Following, points
towards the importance of censorship not only in India but also in other countries:
1. Censorship helps control unlawful behaviour: Censorship helps control unlawful
behaviour, such as violence and profanity. Censorship is the process of controlling what
people see, hear, and read. Governments use censorship to control what content is shown in
the media.
2. Helps to maintain societal balance: Censorship can have a positive impact on public
health in society. This is especially true when it comes to regulating electronic media. If
electronic media is not censored, it can be very influential on people who are not mature.
Therefore, censoring and regulating electronic media leads to better public health and more
mature society.
3. Prevention of offensive content: It prevents publicizing of offensive information, whether
graphical or textual. The censor boards have different policies for people and communities
upset by nudity or violent images. In addition, censorship prevents conflicts between
religious or political beliefs and even the moral values of the communities or groups. This is
usually done in an attempt to avoid potential conflict.
4. Help maintain order: The main benefit of censoring media is to maintain control.
Censorship is all about suppressing inappropriate parts of expression and others. The
suppression can be enforced by the government or without. When the government enforces
censorship, this means that they want complete control over everything in the country.
Without censorship, people could say and do anything they want with no consequences,
which would lead to disorder. For society to survive, some level of control needs to be
maintained, and censored material is one way to achieve it.
5. Safety of the country: Safety is a primary goal for any country. In order to achieve this,
some government activities must be kept as a secret. It is often better for a society to be
ignorant to certain details if knowing them could have potentially destructive outcomes
6. Protection from wrong and misleading information: It saves society from knowing
information that could potentially be harmful or disruptive to our well-being. People want to
know everything and in that rush sometimes they may not need safety and reliability and will
step into wrong sites. Censorship can provide us with the safety net that is needed.
7. Protection in the social media sites: While we cannot censor all hate speech, because it is
a protected right, there are times where this speech can go too far. Radical speech that
deserved censorship could be seen through the recent ban on former President Donald Trump
from a variety of social media platforms, including Twitter, Facebook and Instagram, due to
his involvement in the Capitol riots.
8. Protecting children: Censorship is needed to protect children from “Inappropriate”
materials which led to the worst entertainment. Strict steps must be taken by the censorship
board to completely ban those movies which are threat to a country’s culture; they also must
examine the books, movies, and TV, magazines, radio, and internet sites. The government
must stop illegal materials being available through the internet.
It is quite clear that the purpose of censorship is good. Censorship is there to help,
protect and keep us safe from things that are not necessary for us to hear or see. Censorship is
good only if used correctly either for children or adults. Using it the wrong way or
senselessly then it will only harm the society. To a certain extend censorship is needed. If
nothing is censored, who knows what will be said out of the radio, television, news, etc., and
anything that is supposed to be said can cause war between media or even countries.
Censorship should not be over and above, but it should always be around. Some believe that
they should be free to decide what they read, see or talk about, because they think they are
mature enough to know what is good and bad. It is also impossible to block materials on
satellite or in the internet. Censoring everything is not the answer to the world’s problems,
but censoring violent, dangerous and discriminatory speech -even though it is a right - is the
next step for productive politics and our social wellbeing as a whole.
Forms of Censorship: Censorship takes two basic forms: self-imposed and state-imposed:
Self-imposed Censorship: It is a more positive voluntary censorship by individuals who
decide for themselves and restrict their forms of expression perceiving the consequences or
merits it may generate.
Self-censorship can be simply defined as the process of censoring one’s own work without
waiting for an outside body or entity to do it.
Self-censorship can also be defined as taking steps to control what one say or write so that
one may avoid offending others, but not waiting for an external agency to tell that such
control is needed.
The main reasons for self-censorship include the following:
• to avoid offending the general public and receiving a backlash
• to avoid persecution and prosecution from the authorities
 • to avoid bringing out any material or content that encourages or provokes crime or
has the potential to lead to chaos and disorder within the community or the nation
Over the years, many media outlets, for example, have been severely sanctioned by
authorities for failing to practice self-censorship and releasing content considered offensive.
Self-censorship is heavily practiced by the media. News organizations take self-censorship
extremely seriously because of the numerous regulatory bodies that keep a close eye on their
work. In self-censorship, news organizations strive to publish or broadcast materials that are
generally accepted by the public.
News organizations censor themselves thoroughly and make sure that material that
contain offensive things such as offensive language, graphic display of
masculinity/femininity and sexual violence, discriminatory treatment and language etc. do not
get published or broadcast to the public.
Players in the showbiz industry also actively engage in self-censorship. Musicians and
movie makers, for example, engage in self-censorship.
State-Imposed Censorship: State censorship is the prohibition of certain parts of books,
films, music, the internet and the news which the state deems to be unacceptable. Some of the
reasons for state censorship are:
Moral Standards: The state may censor certain publications which it deems offensive.
These moral standards may be shared by most citizens of a country or are simply those
enforced by the state. Countries which are more conservative about their social values will be
more likely to censor for this reason.
National Security: Publications may also be censored if they are considered a threat to
national security (the safety of a nation against terrorism and unrest). If a publication’s
message incites violence against the government or a certain part of society then the state
may prevent it from being published.
Censorship may also be used to prohibit the publication of political beliefs contrary to
those of the government. This aims to strengthen the power of the governing party by making
it difficult for opponents to gain support. It is much harder for opponents to circulate their
message if they cannot communicate it through broadcasts, flyers or online posts. State
censorship is therefore a powerful tool in preventing effective political opposition.

Effects of State Censorship

State censorship carried out on the basis of moral standards or national security may
be supported by citizens who share similar values or care for the safety of others. However,
censorship used for political oppression is likely to have negative effects:
Free Speech: Many people believe that a right to free speech (no restrictions on what you are
allowed to say) in both is an important civil liberty. It allows people to participate in political
society and encourages a more diverse range of opinion. State censorship will undermine the
right to free speech because it prevents people from expressing any beliefs deemed to be
unacceptable.
Democracy: Successful democracy requires free and fair elections. Elections will fail to be
free or fair if state censorship is employed. If political opponents cannot publish ideas with
which the government disagrees, they may not be able to communicate their policies to
voters. In addition, a censored press will not be able to criticise the government and hold it to
account.
Censorship in India
The Constitution of India guarantees freedom of expression, but places certain
restrictions on content, with a view towards maintaining communal and religious harmony,
given the history of communal tension in the nation. According to the Information
Technology Rules 2011, objectionable content includes anything that "threatens the unity,
integrity, defence, security or sovereignty of India, friendly relations with foreign states or
public order".
In India there are many mediums of censorship such as press, films, music, drama, books
etc. Certain censorship is necessary such as Film censorship since, film motivates thought
and action and assures a high degree of attention and retention as compared to the printed
word. The combination of act and speech, sight and sound in semi darkness of the theatre
with elimination of all distracting ideas will have a strong impact on the minds of the viewers
and can affect emotions. Therefore, it has as much potential for evil as it has for good and has
an equal potential to instill or cultivate violent or bad behavior. It cannot be equated with
other modes of communication. Censorship by prior restraint is, therefore, not only desirable
but also necessary. Thus censorship is obligatory on films, plays and other art forms like
music, poetry etc. Some other areas where censorship is imposed are education, internet,
children etc.
One of the main aspects of censorship is gagging order. A gagging order is defined as a
legal order by court or government restricting information or comment being made in public
or passed on to any unauthorized person. They may be used to keep secrets of a company, or
keep someone’s identity safe.
Cyber ethics
Cyber ethics is the philosophic study of ethics pertaining to computer networks,
encompassing user behaviour and what networked computers are programmed to do, and
how this affects individuals and society.
Need for Cyber-Ethics:
1. Increasing Cybercrime: Cyber-crime, hacking into people’s bank accounts and
stealing their money, or defrauding people in a myriad of ways is becoming a trend
now. This increasing trend of cyber-crime demand need of proper set of codes and
rules.
2. Increasing unethical behaviour: There are many kinds of ethically or morally
irresponsible behaviour, in the space opened up by the internet from actions involving
people’s financial status, through hate-speech or writings regarding gender, race,
culture, and a host of other moral issues.
3. Spying: Actions such as governments or corporations spying on individuals,
individuals spying on governments or corporations, and so on, raise the need of cyber
ethical code. A cyber ethical code would enlighten citizens about what is good or bad
for them and government will be accountable for unethical actions.
4. Threat to privacy: Privacy from an ethical and moral point of view should be central
to dignity and individuality. Privacy is also indispensable to a sense of autonomy to ‘a
feeling that there is an area of an individual’s life that is totally under his or her
control, an area that is free from outside intrusion.’ The deprivation of privacy can
even endanger a person’s health. Individuals surrender private information when
conducting transactions and registering for services. It also points towards the need
for cyber ethics.
5. Frauds: Fraud and impersonation are some of the malicious activities that occur due
to the direct or indirect abuse of private information. Identity theft is rising rapidly.
 Public records, search engines and databases are the main culprits contributing to the
rise of cybercrime. Ethical business practice protects the privacy of their customers by
securing information and also by protecting them from various cyber-attacks.

6. Ownership: Ethical debate has long included the concept of property. This concept
has created many clashes in the world of cyber ethics. One philosophy of the internet
is centered on the freedom of information. The controversy over ownership occurs
when the property of information is infringed upon or uncertain.
7. Intellectual property rights: The ever-increasing speed of the internet and the
emergence of compression technology, opened the doors to Peer-to-peer file sharing,
a technology that allowed users to anonymously transfer files to each other,
previously seen on programs. Restrictions are required because companies would not
invest weeks and months in development if there were no incentive for revenue
generated from sales and licensing fees.

8. Digital rights management (DRM): Blind making of audio books of PDFs, allowing
people to burn music they have legitimately bought to CD or to transfer it to a new
computer etc. are seen as violation of the rights of the intellectual property holders,
opening the door to uncompensated use of copyrighted media. Another ethical issue
concerning DRMs involves the way these systems could undermine the fair use
provisions of the copyright laws. The reason is that these allow content providers to
choose who can view or listen to their materials making the discrimination against
certain groups possible.
9. Accessibility, censorship and filtering: Accessibility, censorship and filtering bring
up many ethical issues that have several branches in cyber ethics. Many questions
have arisen which continue to challenge our understanding of privacy, security and
our participation in society. Throughout the centuries mechanisms have been
constructed in the name of protection and security. Internet censorship and filtering
are used to control or suppress the publishing or accessing of information. The legal
issues are similar to offline censorship and filtering. Whether people are better off
with free access to information or should be protected from what is considered by a
governing body as harmful, indecent or illicit is a new debate.
10. Freedom of information: Freedom of information, that is the freedom of speech as
well as the freedom to seek, obtain and impart information brings up the question of
who or what, has the jurisdiction in cyberspace. The right of freedom of information
is commonly subject to limitations dependent upon the country, society and culture
concerned. Generally there are three standpoints on the issue as it relates to the
internet.
o First is the argument that the internet is a form of media, put out and accessed
by citizens of governments and therefore should be regulated by each
individual government within the borders of their respective jurisdictions.

o Second, is that government of the Industrial World having no sovereignty over

the Internet.
o Internet supersedes all tangible borders such as the borders of countries,
authority should be given to an international body since what is legal in one
country may be against the law in another.
 11. Digital divide: An issue specific to the ethical issues of the freedom of information is
what is known as the digital divide. This refers to the unequal socio-economic divide
between those who have had access to digital and information technology, such as
cyberspace, and those who have had limited or no access at all. This gap of access
between countries or regions of the world is called the global digital divide.
Thus in modern times with concerns of privacy, spying, hacking etc. where no government
has control on cyber space, an international body is a must based on consensus. This body
should work on a cyber-ethical “code” or set of guidelines that would potentially be capable
of regulating people’s behaviour on the internet.
With the introduction of computers globally in the 1990s, the entire approach of working,
communicating and storing important information has been changed. With computers giving
us so much of ease and freedom, there are high chances that this freedom may be used in an
‘unethical way’. This is where the role of computer ethics come into picture.

Why is it Important to Follow Computer Ethics?

Ethics are the moral values that stop one from doing anything that is not legal and
that does not harm or damage anyone else’s work, or interests. Ethics are something that is
embittered in us from childhood. Remember when the teacher said, “Do not copy someone
else’s homework”? Or when the monitor asked to stand in the line. These simple etiquette
and ethics help the environment to be more safe, friendly and co-operative for others around.
Computer ethics are nothing but how we use our personal morals and ethics while using the
computer for various purposes.
They consist of all the rules that you would apply to not misuse any information that
is not yours to use, or to access any data that is not owned by you. With issues like cyber-
crimes, plagiarism, hacking and password thefts, it has become important to know the
importance of computer ethics to be able to create a safe computer-based environment.
Prevents Misuse of Personal Information
Computers have made the world come closer, be it personally or professionally! Most
of us find it more convenient to shop online rather than going out. For this we are asked to
give out our personal information like name, date of birth and most importantly, our ‘credit
card information’! If the people don’t follow computer ethics everywhere, one will not feel
safe to give out all this information. On the contrary, if a person read their privacy policies
and know that they abide by the cyber laws and computer ethics, people will feel more safer
to share their personal information and it is an assurance that what all information they
provided will not be misused.

Prevents Theft of Intellectual Property

Unlike physical forms of properties like car or house, intellectual property refers to
the property created by the mind. The internet consists of various intellectual properties
which include works of various researchers, writers, song artists and so on. Without the
presence of computer ethics, the work created by the intellect of one person can be easily
copied and plagiarized by someone else.
Prevents Loss of Various Jobs in the field of Software Development
 There are thousands of people globally that are working in companies that develop
computer programs and software. However, if we find out a way to get this software without
having to pay the price, most of us would prefer piracy over paying. This can result in the
loss of jobs in which the employees of these companies are working. The general mentality of
most of the people downloading software illegally is that these companies are very rich and it
really wouldn’t affect them. A report reveals that a significant number of the people prefer
never to pay for a software and get involved in piracy!
Protects from being Unethical!

By following these ethics, A person using computer can keep himself as well the rest
of the users associated with him also safe. There are various laws that can put a person behind
bars if one is caught violating the privacy policies and norms of individual websites. Eg:
school had to pay almost $5 million as fine for using pirated software, it was later that they
realized that getting a license would have been much more economical.

To keep the computer safe

Computer is not just an electronic device for communication, but also it is a place
where we store much information about self and other important documents too. Once we get
involved in downloading information or accessing portals that we are not allowed to, various
issues and threats like viruses and Trojans can illegally enter our system and crash it
completely.
Computer ethics are something that cannot be imposed on any person; it is rather
something that should be followed out willingly and at one’s own desire. There are two kinds
of people in this world, one who follow the rules and respect them at the same time, and the
others who don’t really care. Being a responsible citizen it is the duty of each and everyone to
follow computer ethics while using it not only for protecting oneself but also for the
protection of all users.
Copyright in the Media
The media industry has played a vital role in making our life interesting. Every
broadcasting channel is in the race to produce new content, new shows and new taglines to
maintain their position in the market. New content implies creativity which has a direct link
with copyrights.
Whenever any new script, advertisement jingle or theme content for shows is drafted,
it takes a lot of author’s creativity to come up with interesting storylines. The authors then
approach the investors, producers, agencies to give their script a new dimension and convert
into visual representations. In midst of all this, there are chances that these documents can be
misused by the third party as there is no evidence of sharing, this might lead to loss of the
legible credits that are supposed to be given to the owner. So, it is always better to protect our
work before someone uses it for their personal gains.
In the constant race of earning name and fame in the media industry, channels and ad
agencies strive very hard to attract and increase their viewers. Due to this, there is often
stealing of employees and contents. The foundational concept of copyright in the media
industry is that it does not author literary work protection for mere ideas and facts. Since
ideas and concepts are not protected under copyright law, any form of expression developed
from these ideas can definitely be protected.
 If a person develops a story or a concept in his mind- just like any fantasy movie- they
can express it in the form of script, novel, show or a serial for which the protection can be
obtained from the concerned authority. There are certain categories of copyright available in
the Act:
1. Literary work
2. Dramatic work
3. Artistic work
4. Musical work

5. Cinematography work
Some examples which can be highlighted to get a better understanding regarding
copyrights :
1. We all know that Big Boss featuring Salman Khan by Endemol Shine India and is a
long-running show. Similar to this, two other shows with the same concept were
started in Malayalam and Kannada but with different names and different producers.
This leads to infringement of the copyright of the producer of the original big boss.
2. One of our favourite fantasy movies: Harry Potter series which was written by JK
Rowling was produced by Warner Bros, but when we see the movie, due credits are
given to JK Rowling.

3. When it comes to novels, scripts and title- JK Rowling is the copyright owner of the
plot and theme. This is called literary and dramatic copyrightable work
4. When it comes to the movie, producer of the movie- warner bros- has the copyright.
This is called cinematography work.
However, there can be no copyright in the followings:
• In an idea,
• Subject- matter,
• Themes,
• Plots,
• Historical or legendary facts
In cases of violation of the copyright, it totally depends upon the agreements and
arrangements between the author of the work and publisher of the work and confines to the
form, manner and arrangement and expression of the idea by the author of the copyrighted
work.
1. Further, in situations where the same ideas mould in a different manner, there is a
chance of having more similarities since the source to obtain the information remains
the same. In such cases, the Court will try to determine the degree of similarity
between the two works.
2. If there is a full imitation of the work with very few alterations, then it will amount to
a clear case of infringement.
3. In case the readers of the work determine that there are similarities in the work on the
face of it then it will be a clear case of infringement. For example: when we see
 Cinderella and read the book, there is almost many similarities but if the due credits to
the original author and prior permission that obtains then there is no legal
consequence to that work.

Piracy Issues in Media and Entertainment Industry

Copyright piracy is a threat to the creative liberty of artists. Piracy means
unauthorized reproduction and distribution either of the whole or of a substantial part of
works protected by copyright. In cinematographic works, piracy happens through
unauthorized reproduction of the film in various formats. The recent shift of the
entertainment industry has been to the digital platform with all creative content made
available online. With newer technologies such as virtual reality, one can create a 360-degree
immersive environment without having to venture out.
When it comes to the media and entertainment industry, piracy has reached its peak.
Whenever a movie is to release, within a few hours, the copy of that movie will upload in
many pirate sites. This causes immense loss to the production company of that movie.
Because of the pirated version is available in these sites, people choose to watch them on that
and restrain themselves from going to theatres and watch, because of which the box office
collection goes down and this leads to financial loss to the movie makers. Few of these sites
are Tamil rockers, you torrent, ROMCOM, F Movies etc.

There are these premium subscription applications like Netflix, Hot star, Amazon Prime, ET
Times, and The Hindu who pay a heavy amount to become media partners for the movies.
These pirated Websites publish the movie or any such videos before these media partners do
and because of this, the subscribers are less for these applications causing loss to the
Application owners.
Thus piracy has become a critical problem, just like cancer in the media and entertainment
industry. Sometimes, even after getting your work with protection, such acts take place which
shook our head down because people go to such extent to steal someone’s hard work to make
money. Just like how chemotherapy requires to cure cancer, heavy-duty legislations require
to curb these piracy acts and protect the hard work of the people. The underlying problem is
that it is very difficult for the copyright owner to trace out the infringers due to omnipresent
digital technology.
However, in the year 2016, the Government of India laid down certain guidelines in their
National intellectual Rights Policy, 2016. The objectives of these policies are:
1. Creating awareness regarding economic, social and cultural benefits of
Copyright protection

2. Creating awareness about these pirated technologies

3. Provide suitable amendments under the cinematograph act and related
legislation. Strengthen the provisions of the Act,
4. Establishment of IPR Promotion and Management Cell.
Need for Copyright Registration

It is very clear that copyright registration is not mandatory, but, considering the
competition in the industry and piracy issues. It is always an advisable and most important
recommendation to the producers. Ad agencies and production houses, to get their work
registration because of two main reasons:
Firstly, once an idea generates in the mind, we tend to share it with our co-workers.
Since we all know that ideas cannot have copyright, there are possibilities of idea poaching
and chances of it using by some other production houses or ad agencies. This causes
immense loss to the original idea generators. Therefore, as soon as ideas convert into their
tangible form, we can get registration.
Secondly, it is a matter of fact that creating advertisements involves a lot of effort,
money, skills and creativity. Competitors and arch-rivals are always in the race to use the
work and make some alterations and publish it. In such cases, recognition is not to the
original owners of the work.
Therefore, sooner the better concept has to be kept in mind and it is always better to apply for
the copyright and protect your work from getting a free ride from the competitors.

Intellectual property right (IPR)

Intellectual property right (IPR) is a legal right that protects the creation of a
person or enterprise developed by the brain or mind. This right provides the creator
authority over the creation of his or her own to explore benefits if used by others. These
benefits may appear in form of appreciation and recognition or monetary or material benefits
or more. IPR is emerged as one of the major concerns in present economic and business
environment. Globalization and open market policies have helped IPR to grow and affect the
economic activities in last three decades. Copyright is one of the important rights falls under
the IPR which protects the rights of creators of artistic works, literary works, sound, films and
related creations. Copyright is very vast domain that includes innovations, artistic creations,
and intellectual productions in print, audio-visual, sign & symbols or in the digital forms. For
Media field that is full of creativity and innovation Copyright is a great catalyst. Media
platforms including social media use new ideas, images, sounds, scripts and many more
means and methods of communication professional, commercial and personal purposes. All
these forms that are created by persons and enterprises with meticulous efforts in designing,
research & development need a huge amount of investment also. These creations, developed
after devotion of time and money need to give dividend to the creators and to become a
reason encouragement for all. Copyright laws help in protection of interests of such creators.
The practice of trade and commerce has been changed enormously since 1991, the
beginning of the era of economic liberalization and globalization. It the age of competition
and rapidly changing technologies intellectual property has become crucial factor for survival
in the market, to manage product life cycle, and to add more users from the services and ideas
which are being developed and offered. IPR give protection to the creations of mind. IPR is
now well-recognized term defined legally at international level and in the law books of
different countries. ‘Intellectual Property Rights (IPR) is a term used for various legal
entitlements which attach to certain types of information.

IPR recognizes creations of mind as property and in this sense it expands the meaning
of property. The term property gives common recognition possession of a person or
enterprise over something. Property is divided into two basic forms- tangible and intangible.
Tangible property is present in physical form such as building or house, land, vehicle, cash,
jewelry etc. whereas intangible property cannot be seen in the physical form. With the march
of time we have developed system and law which defends tangible properties but earlier it
was not possible to protect the properties available in non-physical forms. IPR provides
protection to such properties and recognize the possession of a person or enterprise over it. It
helps people to garner benefits out of their efforts devoted to create or develop new
intellectual products. ‘Intellectual property rights are like any other property rights. They
allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their
own work or investment in a creation.
UNO has also recognized the value of property created by mind by outlining IPR in
Article 27 of Universal Declaration on Human Rights. This article provides right to benefit
by protecting moral and material (mentioning of creator and giving dividend to or both)
interests resulting from ownership of literary, scientific or artistic products or ideas.
At global level IPR was first recognized in the year 1883 in Paris convention for the
protection of Industrial Property and later in the Berne Convention for the Protection of
Literary and Artistic Works in the year 1886. World Intellectual Property Rights
Organization (WIPO) is a nodal organization to administer both the treaties. WIPO is one of
the 17 agencies of UNO, headquartered in Geneva, Switzerland, with an aim to promote
innovation and creativity for the economic, social and cultural development of all countries
through a balanced and effective international intellectual property system.
IPR is not a new subject in our country. In the journey of civilization our great
scholars have contributed thousands of valuable inventions, ideas, methods in all fields of
knowledge. These high souls contributed everything in the public domain. Whatever was
developed by our great scholars was given to society. After coming of industrialization and
western influence we have also started taking initiatives for securing intellectual property
rights by following methods adopted by regulatory agencies and under the laws made by
government. ‘George Alfred DePenning is supposed to have made the first application for a
patent in India in the year 1856. On February 28, 1856, the Government of India propagated
legislation to grant what was then termed as “exclusive privileges for the encouragement of
inventions of new manufacturers” i.e. the Patents Act’.
Since then our government has implemented number of laws to protect the intellectual
property rights. These laws include:

1. The Copyright Act, 1957, The Copyright Rules 1958 and International
Copyright Order 1999, The Copyright Amendment Act 2012 and copyright
rules 2013, 2016.
2. The Patents Act 1970, the Patents rules 2003, the Intellectual Property
Appellate Board (Patents Procedure) Rules 2010 and the Patents (Appeals and
Applications to the Intellectual Property Appellate Board) rules.

3. The Trade Marks Act 1999, the Trade Marks rule 2002, the Trade Marks
(Application and Appeals to the Intellectual Property Appellate Board) rules
2003, and the Intellectual Property Appellate Board (Procedures) rules.

4. The Geographical Indications of Goods (Registration and Protection) Act

1999 and the Geographical Indications of Goods (Registration and Protection)
rules.
5. The Designs Act 2000 and the Designs rules.
 6. The Semiconductors Integrated Circuits Layout-Design Act 2000 and the
Semiconductors Integrated Circuits Layout-Designs rules.

7. The Protection of Plant Varieties and Farmers’ Rights Act 2001 and the
Protection of Plant Varieties and Farmers’ Rights rule.

8. The Biological Diversity Act 2002 and the Biological Diversity Rules.

9. Intellectual Property Rights (Imported Goods) rules

Intellectual property rights can be classified into two categories- industrial property and
the copyright.
Industrial property includes literary, artistic and scientific works, performance of the
performing artists, inventions and discoveries, industrial designs, trade marks & service
marks etc.
Copyright includes literary and artistic works like various forms of literature, painting,
drawing, photographs, videos, music, sculptures, architectural designs, radio programmes,
cinema etc.
Various laws protect the following rights under intellectual property rights- patents,
copyrights, trademarks, industrial designs, and protection of integrated circuits lay-out
designs, geographical indications of goods, biological diversity, plant varieties and farmers’
rights, undisclosed information.
IPR has become an important driver of performance of various economies. In the age
of knowledge economy intellectual properties are crucial component in research and
development based models of economic growth. Industrial performances and their profit
possibilities are highly affected by royalties which are received against the inventions and
ideas. IPR affects brand positing, brand strategies, licensing, extension of the markets and
foreign direct investments also. Every year thousands of IPR applications are filed all over
world to register the new inventions, trademarks and new ideas which later convert into the
business opportunities

Intellectual property rights are considered as reward for creativity and innovativeness
of the human being. These rights give energy and work as the booster for the progress and
development. Human development is closely depending on the capacity of creation and
innovations. Our cultural and technological progress is associated with excellence in the field
of culture and technology. We need an efficient and equitable system to protect intellectual
property rights to conduce its benefits for the development of society. Such protection work
as an encouragement for innovators and creators and generates a balance between interest of
innovators and the public interest.
PATENT

A patent is an exclusive right granted by a country to an inventor, allowing the

inventor to exclude others from making, using or selling his or her invention in that country
during the life of the patent. It does not give the inventor the right to use or "practice" the
invention, and thus the right is subject to any prior rights that others may have to related
inventions. So for example, if you have a patent on a “vessel to hold coffee” and I have a
patent on a “handle for a vessel”, then I can prevent you from putting a handle on a coffee
cup and you can prevent me from attaching a cup to my handle.
 A patent is issued to the individual inventor and not to a company, although it is
typical practice to have employees assign inventions to their employer. Patent protection is
available for any product, process or design that meets certain requirements of novelty, non-
obviousness and utility.

Thus, a patent is an intellectual property (IP) right for a technical invention. It

helps to prevent others from using one’s invention for commercial purposes for up to 20
years. It is up to the person to decide who is allowed to produce, sell or import his/her
invention in those countries in which he/she own a valid patent.
Significance of Patents:
Patents typically protect inventions, products, processes, or designs that meet certain
requirements of novelty and utility. Patents are important because they help protect your
invention by giving you the exclusive right to stop others from copying, manufacturing,
selling, or importing your invention without your permission.
Patents are beneficial in many other ways, some of the benefits/reasons which point towards
its significance are:

• Protection. Patents give you the ability to protect your invention starting from the
issue date of your patent. No one can manufacture, sell, or import your patented
invention without first getting your consent to do so

• Exclusivity. Patents allow you to use your patented invention or process and to profit
from it exclusively on your own for 20 years from the date you filed for your patent

• Priority. Being the first to patent an invention gives the patentee superior rights over
subsequent patents. Therefore, if you’re someone who’s seeking capital for an idea,
it’s smart to patent your invention before disclosing the idea to potential investors and
licensees to keep them from stealing your patent idea and patenting it before you even
get a chance. If you’re the first to patent the idea, you will be the sole owner of that
patent

• Profit. Patents allow you to license your patents for other to use for an agreed up
royalty or fee. This is a huge advantage for people who want to license or sell their
patent rights to companies or individuals for a profit. Charging a royalty for the use of
your patent (let’s say 5%) can be a better options for inventors who do not have the
resources and expenses to bring the idea or patented invention to market themselves

• Innovation. Patents encourage innovation because people want to make money and
what better way to do so than inventing something, protecting the invention, and later
using it to earn some money. If people believe that their inventions would not be
protected, they might not invent in the first place.

• Limit the Competition. Patenting your idea or design helps businesses limit
competition. For example: If you are patenting an invention that is sold by both you
and your competitor. By patenting the product, you will gain the right to ask your
competitor to cease the production and sale of their competing product thereby
garnering a larger market share by weeding out your competition
 • Investors. Having a patent or portfolio of patents is extremely valuable for small
businesses especially when you consider that potential investors may invest in your
company simply for the rights to use a particular patent or set of patents
• Credibility. Having patents provides increased credibility to both the inventor and
their company

Disadvantages of Patents (Cons of Patents)

Patents can be very beneficial; however here are some of the disadvantages and cons of
applying for a patent:

• Disclosing Information. By filing your patent application, you’re making specific

technical information about your patent publicly available. Keeping some details
about your invention secret may be beneficial to stay ahead of your competitors
because competitors may look for a way to invent around your patent

• Time Consuming. Applying for and getting a patent is a very time consuming and
lengthy process that often takes anywhere between 2 to 4 years for the government to
grant/issue your patent. In our fast-paced world, waiting around for 4 years is a lot of
time

• Costly. It can be quite costly whether your patent is successful or not. You’ll have to
pay applications fees, searches for existing patents, and attorney’s fees which
contribute to quite the hefty bill. So even if your patent is unsuccessful, you could be
left with bills that range from $2,000 to $5,000 depending on the complexity of your
patent, the more complex the invention, the greater the cost

• Complex. One of the arguments that we’ve heard time and time against is that the
process of patenting an item is complex and usually requires the help of an attorney

• Maintenance Fees. You need to pay periodic maintenance fees the last throughout
the life of your patent. There are maintenance fees that must be paid three times
throughout the life of your patent. If you fail to pay these fees, you might lose your
rights and protections under US Patent law

• Enforcement. Once you’ve filed your patent and your patent issues, you can’t just sit
back and expect the USPTO (Patent Office) to keep all those infringing upon your
patent from selling your product, you’re going to have proactively monitor the
market, look for people infringing on your patent, and find an attorney who will deal
with the person infringing upon your patent. Having an attorney take legal action
against an infringer is an expensive process

• Limited Protection. Patents are only good for the country in which they were issued.
For example, if you received a patent for invention X in the U.S and someone in
China copies your invention, you’re out of luck because your patent is only good in
the United States. If you have an invention that you want to protect worldwide, you’ll
have to patent your invention or idea in each country to gain patent protection

• Lawsuits. If an inventor tries to patent his idea, competitors may file lawsuits in order
to invalidate your patent, this is especially true if they believe that your patent can
benefit them