INTRO :- Freedom of press is life blood of democracy. It is most essential for human rights protection. Freedom of press in India is not absolute. There are reasonable restrictions . The laws of the land stated in IPC are applicable to media also. For cannot be a license to defame, invade privacy, obscenity or sedition. The grounds of restriction are given in clause (2) and clause (6) of article 19 (I).
The restriction must be rationally or proximately connected with any of the grounds specified in clause 2 to 6 of the constitution. It should be ‘Reasonable’.
1. Definition of PRESS and NEWSPAPER.
What is Freedom ? Absence of control, interference or restrictions or pressure.
- 2 - 3. Freedom of Press & Democracy – Relationship. a) I will prefer Newspapers without a Govt . rather than a Govt. without Newspapers - Thomas Jefferson – U.S. A b) If democracy means Govt. by the people elected on the basis of public issues, the people must have freedom to discuss public issues and to express their judgment. c) Authority is to be controlled by Public opinion and not the other way. d) Democracy cannot function unless the people are well informed and free to participate in public issues by having the widest choice of alternative solutions of the problems. e) Democracy based on free election and reasoning cannot function where there is no freedom of speech and expression. f ) The function of the Press is to expose abuses of power and corruption of public officials/peoples representatives. …… 3/-
b) Liberty – Of thought, expression, belief, faith and worship.
c) Equality – Of States and Opportunity.
d) Fraternity - Assuring the Dignity of the individual.
FUNDAMENTAL RIGHTS – (Articles 12 to 35 )
a) Right to Equality.
b) Right to freedom of Speech and Expression – Six freedoms are
c) Right against Exploitation.
d) Right to freedom of Conscience and free profession, practice
and propagation of Religion.
e) Right to conserve culture, language and rights of minorities to
establish educational institutes.
f) Right to Constitutional Remedies for enforcement of
FUNDAMENTAL DUTIES - These were added by making 42 nd Amendment in 1976. (Art. 51 A) – a) All citizens will abide by the Constitution, b) To cherish and follow Noble Ideals which inspire our National struggle for Freedom. c) To defend the country and render national service when called upon, d) To promote harmony and sprit of common Brotherhood among all People of India. DIRECTIVE PRINCIPLES – These are not Justiciable. But these are fundamental in Governance of the country. a) The State shall Strive to promote Welfare of People. b) State shall Strive secure the right of the man and women to adequate means of livelihood , equal pay for equal work .
Defamation is an injury to a person’s reputation. There
are Two ways to deal with defamation i.e. Civil law and
Criminal law (Section 499 of IPC.). A plaintiff can take
recourse to civil or Criminal or both laws of defamation. A
journalist has to guard against words which may be
defamatory to other person. But the law also provides
certain defenses and exceptions in the law which a
journalist should know.
Definitions : An injury to a person’s reputation by publishing a false defamatory statement about the person without lawful justification or excuse.
2. Ingredients : Statement must be defamatory .
must refer to the plaintiff.
must be published by the defendant ,
must be false .
-2- 3. EXEMPLES OF DEFAMATION : Imputation of illegitimacy, unchastety to married women, false statement of rape and a statement that a person was ‘acquitted’ of a crime with which he was never charged. Calling a person cheat, womaniser or of loose character is also defamation. 4. Defenses available : a) Justification, b) Fair Comment, c) Privilege i) Justification - Truth is a complete defense. The purpose of publication is irrelevant. The burden of proof to prove the statement is true is on defendant ii) Fair Comment - Nothing is defamatory which is a fair comments on a matter of public interest. The defendant must show that publish material relate to public interest, they are comment and not facts and the comment is fair. iii) Privilege - It arises out of circumstances, position of a person and nature of his responsibility to the public. There are two types of privileges Absolute and Qualified.
6. PASSING OF : If a person / Journalist passes of his goods or
business or writing as that of another it is known as passing of. It
consist of false representation meant to other causing damage to the
plaintiff. In this case a plaintiff may obtain an injunction
irrespective of an intent to deceive or actual damage.
Section 499 of IPC deals with Criminal Law of defamation : Here even a deceased person is included if defamatory statement is made about him. It is serious and punishment involved imprisonment.
i) It is not defamation if statement is true and for the public good.
ii) It is not defamation to express an opinion in good faith about
conduct of a person touching any public question.
iii) It is not defamation to express in good faith any opinion about the
conduct of Public Servant in the discharge of his public function or
about his character in that conduct only.
iv) It is not defamation to publish a substantially true report of the court proceeding
- 5 – iv) It is not defamation to express in good faith opinion about decision of the court. vi) It is not defamation to express in good faith any opinion about the merits of any performance for the public (Drama, Dance, Book review etc.) vii) It is not defamation if a person is having over another any authority either by law or by lawful contract. when he passes any remarks on the conduct of other person in good faith. viii) It is not defamation to make an accusation against any person over whom the dependent has lawful authority . ix) It is not defamation to make an imputation in good faith on the character of another person. If that imputation is to protect the interest of the person making it or for public good. x) It is not defamation to caution in good faith a person against another. That caution should be for the good of the person to whom it is conveyed
- 6 - 8. PUNISHMENT : Section 500, 501 & 502 spells out punishment for defamation, Printing / engraving defamation matter and sale of defamatory material.
CONTEMPT OF COURT INTRO : The need for contempt of court Act in a democracy is important. To safeguard the faith of the people in the court and process of justice it is necessary that the prestige, respect and honor of the court should be maintained as high as possible. The Contempt of Court Act 1971 was passed to define and limit the power of certain court in punishing the Contempt of Court. Article 129 of the Constitution of India empowers the supreme Supreme Court to punish any contempt of it self. Article 215 give similar powers to the High Court. The contempt is of two types - Civil and Criminal 1. Civil Contempt : Willful disobedience to any judgment, decree, order, Writ or other process of a court or willful breach of an undertaking given to court.
2. Criminal Contempt : Publication (by Words, or by signs or by visible representation or otherwise) of any matter or the doing of any other act whatsoever which :
i) Scandalizes or tends to scandalize or lowers
or tends to lower the authority of any court ; or
ii) Prejudices or interferes or tends to interfere with, the
course of any judicial proceedings ; or
iii) Interferes or tends to interfere with, or obstructs or
tends to obstruct, the administration of Justice in any
Why a separate Act ? –
Authority of Court and Administration of Justice should be
seen and felt to maintain the dignity of the Court and
preserve the faith of the people in the Court.
- 3 - 4. What is willful and what is not willful disobedience? It is not necessary whether a person was aware of the Judgement /Court order if he was a party in the case. Serving a notice to him is not necessary. (P. 560). 5. Disobedience - It is not disobedience to file objections to the execution of the proceeding, not producing a documents which was not in his custody. 6. Punishment - General view on Contempt of Court. The power of punishment for contempt should be exercised with care. It should not appear that the court is exceeding its limit. 7. Criminal Contempt - It is more serious than the Civil contempt. Alleging partiality, corruption, bias, improper motives to a Judge is scandilazation. Scandilazastion Judiciary as a whole or a Judge. It is immetarial whether scandilazasation of a Judge releates in his functions as Judge. In a Judicial capacity or puravely administrative or in even non adjudicatory matters. (P.574)
Contempt and Defamation - A contempt may include defamation of a Judge yet it is more than mere defamation. While defamation is wrong against the Reputation of the Judge as an individual, in contempt the act of defamation of a Judge is calculated to obstruct with the Course of Justice. It is open to the judge to proceed under Sec. 499 or under contempt of Court. Truth is no defence when the libel amounts to a contempt of Court. Criticizing a judgment is no contempt but attaching dishonesty to the decision of the Court is contempt.
10. Prejudicing Course of any Judicial Proceedings (P. 579).
To prejudice any body against persons which are parties in a case before the case is finally heard. For eg. Deterring persons to give witness, pressuring the parties to discontinue or compromise the proceeding and depraving the accused of fair trial and protection of the law. Prejudice means to obtain a result of legal proceedings different from that which would follow in the Ordinary Course.
It is one of the most common forms of prejudicing the due course of justice in a pending case is Comment or Representation in the media about the parties to the case or their cause which would prejudice public against the parties before the case is heard. It constitutes an interference with administration of justice.
a) It may effect those who are potential witnesses.
It might, from fear of public dislike, cause a plaintiff to discontinue his action or the defendant to come to a compromise which he otherwise would not come to.
When is a dispute in a court it is necessary public confidence that their should not be usurpation by any other person of the function of the court.
If the issues are prejudged by the public as a reaction to the media publicity unpopular people / causes will fare very badly.
Media publicity under mines the confidence not only of the parties to the litigation but also of the public as potential suitors in the administration of justice because public discussion of the facts and merits of the case before it is heard by the Court.
INTRO - The Legislature and the Press are two important pillars of the democracy . The relationship of the press with the Legislature is based on the principle that the Public Interest for independents of legislature is No less than in the freedom of Press . Both are equally important. The Judiciary tries to make and Adjustment between the Two interests giving the legislature an upper hand. The Press has no legal Right to Publish the proceeding of the legislature. It is a privilege granted by the legislature. The press is liable for legal action for defamation or other laws applicable to any other citizens of India. The question of giving Immunity was discussed. In 1977 then Janata Government passed a law known as Parliamentary Proceedings (Protection of Publication) Act, by amending the constitution and inserting the article 361 (A).
Press cannot be prosecuted for any violation of law if :-
a) Publication must be Substantially True .
b) Report should be of Proceedings of either house.
e) Publishing False or Perverted reports of debates .
f) Suppressing any particular member’s Speech.
g) Premature publication of the report of a committee.
h) Publishing Expunged remarks of the proceedings.
5. Procedure to deal with breach of Privilege :-
a) Notice to Speaker with documents.
b) House may itself consider or ask Privilege Committee to give report
c) The report of the committee placed before the house.
d) The Offender may be called or may not be before the house to announce punishment.
a) Admonition b) Reprimand c) Imprisonment d) Exclusion from Press gallery
7. Privilege of Parliament, fundamental Rights and judicial intervention ___ cases.
THE PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION ) ACT 1977 INTRO : No person shall be liable to any judicial action in any court about publication in a news paper of a substantially true report of any proceedings of either house of the parliament. If the publication is proved have been made with malice action can be initiated. This Act also apply to the Radio and TV broadcast. @@@
OBSCENITY INTRO : It is necessary to have some control over publication of indecent and obscene material to safeguard the morality, ethics and good taste of the people also to safeguard young generation being exposed to obscene material. But what is obscene to one person may not be obscene to other. But there has to be some rule or standard for obscenity. It is not sex but the manner in which it is portrayed makes a publication obscene. Sec. 292 of IPC uses the term Obscene and Decency which includes any thing which an ordinary decent man /woman would find to be shocking, disgusting and revolting . The language used should not excite thoughts of lust. (P.106-108)
- 2 – Section 292 IPC – Definition : Any material / photographs if it is lascivious or appeals to the prurient interest , is consider as Obscene. The test here is that it effect is tend to deprave and corrupt a person. I) Whoever Sells, lets to hire, distribute, publicly exhibits or circulate or in possession any obscene book, pamphlet, paper, drawing, painting or any other obscene objects ---. II) Import exports or hire any obscene material ---- III) Takes parts or receive profit from any business dealing in obscene material IV) Advertises that any person is engage in any act which is an offence under this section. V) Offer or attempts to do any act which is an offence under this section.
- 3 - 2. PUNISHMENT : On first conviction imprisonment upto two years and /or fine. On subsequent conviction imprisonment upto five years. 3. EXCEPTIONS : a) Publication is in the Public Interest – b) In the interest of Science, Literature, Art or Learning. c) Bonafied use of Religious purposes. d) Any Sculpture, Engraved, Painted, Material in Ancient Monument . e) Any Temple, or on any car used for conveyance of idols or kept and used for religious purpose. Note : It is not the intention of the writer but the effect on the readers is the test of obscene. The class of persons who likely to read such publication is important. The Court has to considered moral standard of the society.
7. Section 294 A : Keeping an office or place for drawing lottery not authorised by the State government.
8. Section 295 A : Who ever with deliberate and malicious intention of outraging the religious feeling of any class of citizen of India.
The burden is on the state to prove that there was a malicious intention.
Difference between section 153 and 295 A. the need of section 295 A . : The object of Section 153A is to maintain harmony between different classes. It is not always easy to prove that the writing would promote disharmony or ill-feeling between different classes. Therefore, the need arise of Section 295A.
- 6 - 10. Section 153A . Who ever by words spoken or written or by signs…. Attempts to promote disharmony or feeling of enmity , hatred or ill will between different religious, racial language or regional groups or casts or communities or commits any act which is pree judicial to the maintain of harmony or disturb public tranquility. Any body who organises an exercise movement or drill or similar activity likely to use criminal force or violence against any religious racial etc groups. Who ever commits an offence as stated above in any place of worship shall be punished. *****
THE YOUNG PERSONS (HARMFUL PUBLICATIONS) ACT 1956 INTRO : 1. This Act is mainly against horror comics and penalises the advertisement, sale, distribution, circulation etc of ‘Harmful Publication’. Any publication which portrays :- i) The commission of crimes ii) Acts of violence or cruelty iii) Incidents of repulsive nature which would tend to corrupt a child / young person in whose hands it might fall. Such publication likely to encourage anti-social or criminal tendencies among children. (P.430)
- 2 - 2 . The Govt. may forfeit such publication by an order. The storing, selling, advertising, circulating of such harmful material is an offence. @@@
CHILDREN ACT 1960 Definition :- In this Act child means a boy who has not attained a age of 16 and a girl an age of 18 years. Provision :- No report in any news paper, magazine/news sheet of any inquiry regarding a child under this Act shall disclose the name, address or school or any particulars to identify the child. No picture to be published. If any authority feels that such disclosure is in the interest of the child may permit the disclosure of identity of the child. (P. 518) @@@@
THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT 1986
This Act is different than the Act of obscenity (S. 292). Exploitation of body of women is resorted by advertisers, magazine and other frequently but not coming under law of obscenity. Therefore this provision has been made.
No person shall publish or arrange or take part in the publication or exhibition of any advertisement containing indecent representation of women is any form.
ii) No person shall produce, sell, hire, distribute, circulate or send by post any book, pamphlet, slide, film, writing, drawing, painting, photograph which contain indecent representation of women.
COPYRIGHT ACT OF 1957 INTRO : Under the General law of Property , whatever a man produces by the application of his labor, intellect or skill , is his property. The law of copyright gives intangible right of property, if it is original work. With the growth and development of media and readers hunger for reading. Copyright act is important to protect individuals work by way of providing damages, injunction and criminal prosecution to prevent the owner of copyright being deprive of his property. The basic principal of property right is also applicable to the Copyright Act when it is interpreted and applied. Copyright is the right which a person acquires in a work which is the result of his intellectual labor. This law is to protect from taking away by other people the fruits of a mans work, labor, skill or test. Piracy has become global problem. Piracy of printed word, sound recording and cinematography film is common. The aim of pirate is to make quick money and avoid payment of legitimate taxes and royalties. In India alone about four hundred titles are pirated every year and tax evasion amount to about eleven thousand corers.
1. What is not Copy : What can not be the subject of individual property can not be the subject of copyright. e.g. Ideas subject matter, themes, plots or historical facts, because they are coman property . The copyright act protects not the originality of one’s idea, thought or information but the originality of his expression of such idea in a particular form . (P.178) One of the test to determine whether the copyright has been violated or not is to see if the reader, having read both the works is clearly of opinion that the subsequent work appears to be a copy of the original. Registration of the work is not a condition for acquiring copyright.
i) Violation of copyright is actionable without proof of actual damage ii) Violation of Act is actionable irrespective of intention of the defendant. Innocence of motive is no defense of infringement of copyright iii) Since copyright constitutes a right of property its rights can be transferred to the parties by operation of law like assignment to other, by will, relinquishment by giving notice to the Registrar, transmission by law to legal heir on the death of the owner, granting a licences. iv) The Act gives power to permit the owner of any literary, dramatic or musical work to reproduce, to publish, to perform in public to translate, to make a film or use in radio and make an adoption of original work. v) Registration of the work is not necessary to acquire copyright vi) The Act does not impinge on the freedom of trade or business it protect property. The copyright Act is monopolistic by protecting exclusive rights of the owner. The Act should not become oppressive therefore certain conditions have been impose (P. 176)
A. Copyright means the exclusive right subject to the provision of this Act to do or authorised the doing of the any of the following Acts in respect of a work namely Literary, Dramatic or Musical works :-
To reproduce a work in any form including storing in any medium by electronic means
To issue copies of the work to the public not being already in circulation.
To perform or to communicate the work in public.
To make any Cinematograph film or sound recording .
To make translation of the work.
To make adaptation of the work.
To do any in relation to a translation or an adaptation of the work any of the Acts mention in Serial i to vi above.
i) To make any other Sound Recording using /embodying it.
ii) To sale or offer to sale or give on hire any copy of the Sound Recording regardless of whether such copy has been sold or given on hire on Earlier Occasions.
1. Ownership of Copyright and Right of the Owner. (P. 461 )
2. Rights of the Proprietor of the News Paper. (P. 463)
Assignment of Copyright. (P. 464)
Infringement of Copyright. (P. 473)
What is not Infringement ? (P. 478 & 488)
Remedies for Infringement. (P. 493)
INTERNATIONAL COPYRIGHT ACT INTRO : Under Sec 40 of the Copyright Act, 1957 the Govt. has issued the order about international copyright act provisions in India. At Berne (Germany) a countries was held of about 120 countries. They formed Copyright Union and made rules to avoid piracy in inter national work of literature, music, films etc.
RIGHT TO INFORMATION (RTI) ACT INTRO : The fundamental right of freedom of speech and expression is meaningless without authentic information made available to the public. This is necessary to form opinion and discuss matters of public interest which is necessary for democracy. The universal declaration of Human Rights also stress on RTI. PURPOSE : To have transparency, accountability in working of the Govt. / authority. To promote grater openness in the working. DEFINITIONS : Govt., Central Information Commission, PIO, Information, Public authority, Record and Right to Information
Obligations of public authority – maintain record, index, computerise – SECTION 4.
Appointment of PIOs. : Name to be published and displayed in the office. - SECTION 5 .
3) Request for information and disposal of request – SECTION 6 & 7. No reason to be given for information. Information sought which is held by another public authority. Disposal to be done within 30 days of the request.
Exemption from disclosure of information :
a) Information affecting sovereignty and integrity of India, security, strategic, scientific or economic interests of the state.
b) Information forbidden by any court of law / tribunal c) Information causing breach of privilege of parliament / State Legislature. d) Information including commercial confidence, trade secret or intellectual property. e) Information available to a person in his fiduciary relationship. f) Confidential information received from a foreign Govt. g) Information, the disclosure of which would endanger the life / physical safety of any person or identify the source, assistance given to law enforcing agencies. h) Information which will impede process of investigation or production of offenders. j) Information which has not relationship to any public activity or interest or likely to invade privacy of the individual
Powers to make rules by the Govt. – To carry out provisions of this Act Govt. may make rules - Section 27.
REPRESENTATION OF THE PEOPLE ACT 1951 The following shall be deemed to be corrupt practices :- a) Bribery - Offering any gift, offer or promise to any person inducing him to stand or not to stand or withdraw from being a candidate or to a voter b) The Appeal by a candidate or by a agent to vote or refrain from voting on the ground of his religion, race, cast, community or language. c) Appeal to Religious Symbols or National Flag / Symbols to increase the prospects of elections of a candidate or affecting the election of other candidates. d) To promote feeling of enmity or hatred between different class of citizens of India on grounds of religion, race, cast. Community or language by a candidate or his agent.
This was framed during British Raj, but certain provisions still hold good.
Sedition – Sec. 124 A
(a) Whoever by words, by signs or by visible representation brings or attempts to bring into hatred or contempt or excites disaffection towards the Govt. shall be punished with imprisonment for life or for three years and / or fine.
The Supreme Court has upheld Sec 124 A as reasonable restriction in the interest of public order. (P. 269)
(b) Publication is punishable only if it incites, violence or public disorder (P.270)
(c) To critics public measures or Govt. policy, corruption in police administration is no offence
Sec 153B :- Imputations, assertion, prejudicial to National Integration.
a) Asserting that a particular cast or community, religion and language can not bear true faith and allegiance to the constitution of India.
b) Being a member of any religious racial language, caste or community should be denied their rights as citizens of India.
c) Causes disharmony filling of enmity or hatred or ill-will between that group and others.
3. If the above offence is committed any place of worship or at an assembly for performance of religious ceremony shall be punished with five years of imprisonment and fine.
Sec 292 :- Obscenity - Sale of Obscene books etc.
Sec 293 :- Sale of Obscene objects to young persons. (Below age of 20 years)
Sec 295-A :- Deliberate and malicious Acts intended to outrage religious feelings of any class.
THE PRESS AND REGISTRATION OF BOOKS ACT (1867) INTRO : The objects of this Act is to secure information about printing establishments and their publications, to preserve copies of every books and news paper printed in India, to regulate printing press and news papers and to prevent publications of anonymous literature (P. 333) PROVISIONS OF THE ACT : 1. Particular of printer, publisher to be printed on books / news papers. (P. 335). 2. Keeper of Printing Presses to make declaration before the Magistrate (P.336)
Private communication to the Judge during proceedings.
Attempting to influence a Court by other means.
Threat to other party.
Holding parreal inquiry
12. What is not contempt ? - Innocent publication, fair and accurate report of proceedings, fair criticism of Judicial Acts, bonafied complaint and fair and accurate report of proceedings in camera (P. 594 )
Note : i) All above actions after giving an opportunity to the
applicant to present his views. He can appeal
against the decision to the to the tribunal /Governor
within thirty days. There will be women on the board
as decided by the Central Govt. The tenure of the
member of the board will be three years.
ii) Fee - Appropriate fee will have to be paid to the
board for examination and certification of the film.
- 3 - ADVISORY PANEL To enable the board to function effectively under the Act of the Central Govt. may establish Regional Centers as required and constitute advisory panels to the centre. It is duty of the advisory panel to examine the film and make recommendation to the board. The members of the panel are eminent persons in the field of film, drama, art, literature etc. They are not given any salary but honorarium and allowances. Members of the board and advisory panel are consider to be public servant. No suit or legal action can be starter against the Central Govt. / The Board/ Advisory Panel which is done in good faith .
5. Wages – The Central Govt. can fix rates, revise wages of working Journalist by appointing wage boards (P-412)
6. News paper employee can opt for better terms and conditions than given in the Act if offered.
Any amount due from the employer can be recovered and paid to the employee on the orders of the Govt. (P- 416).
Maintenance of registers, records, muster roll etc. (-417).
WORKING JOURNALISTS ACT (Fixation of Wages)
The Central Govt. appoint a Wage Board or Committee to fix the wages of the Journalist (P.-772 & 773).
THE DELIVERY OF BOOKS AND NEWS PAPERS (PUBLIC LIBRARIES) ACT – 1954 INTRO : This Act is made to ensure that national and public libraries in the country receive every copy of news paper and book published in the country. The publisher of every news paper / book shall deliver at his own expenses one copy each of the news paper / book published to each of public library as notified by Central Govt. (P. 395). Only three libraries at Kolcutta, Chennai and Mumbai were notified as a public library. @@@
PROMOTING ENMITY BETWEEN DIFFERENT GROUPS SEC 153A INTRO : The objects of Sec 153A is to prevent breaches of the Public tranquility. Whoever….. Promotes on grounds of religion race, place of birth, language, cast etc. Disharmony or enmity between different religious, racial, language etc groups OR commits any Act Prejudicial to the maintains of harmony between…… or disturbs public tranquility or organizes any exercise, movement or similar activity where participant shall use criminal force or violence…. (P. 274) SEC 153 B - Accusation on a group, cast / community that they cannot have faith and allegiance to the constitution of India (P. 277)
SEC 292 (OBSCENITY) (P. 281) SEC 295 A - Outraging the religious feeling of any class of citizens of India. SEC 499 ( DEFEMATION) @@@
- 2 - 3. Rules as to publication of news papers :- (a) No news paper shall be publish in India except in accordance with following rules :- i) Every copy of the news paper shall contain the names of the owner, editor, publisher and date of publication. ii) Owner / publisher to make declaration of title of the news paper, language and periodicity (P.-340) iii) The printer shall deliver two copies of the News Paper to the competent authorities REGISTRATION OF BOOKS (P. 354) PRESS REGISTRAR AND HIS DUTIES (P. 356) ****
INDIAN TELEGRAPH ACT – 1885 INTRO : The Act empowers the Govt. to take over telegraph office in the public interest. During emergency any massage to be transmitted or already sent can be intercepted. The massages sent by the accredited correspondent of the press shall not be intercepted unless authorised by the authority. The Act also prohibits entry of unauthorised person into the signal room or telegraph office of the Govt. Entry given in the compound of the such office is also an offence. (P. 365 & 366) &&&&
THE DRAMATIC PERFORMANCE ACT 1876 INTRO : This Act empowers the Govt. to prohibit public performance of any drama which is scandalous, defamatory, seditious or obscene. PROVISION - SECTION 4 : The order can be served on any person about to take part in prohibited dram, and on the owner of the place were such drama is being performed. Disobedience of the order is punishable on conviction (P. 362). ****
THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENT ) ACT 1954 INTRO : The Act deals with indecency or morality and to save people from being duped to purchase medicines by such advertisement. Magic Remedy includes a Talisman, Mantra, Kavacha and any other product which is alleged to have miraculous powers for cure or treatment or prevention of any disease in human being or animal or for affecting / influencing the structure or any organic function of the human body or an animals. The Act prohibits misleading advertisement about drug which directly or indirectly gives false impression about true character of the drug, makes a false claim for the drug or is other wise false or misleading in any material (P.400). *****
THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT 1990 INTRO : Since independence there was a demand for making Radio and TV free from Govt. control. No Govt. was really interested to loose the control over these powerful mass media. The Govt. empower will always tell the parliament that ‘the functional autonomy was already with Radio and TV’. Mass Media should be free from any control to do its job freely of informing the people without bias or pressure. People should not be influenced by Govt./ authority by using mass media. Autonomy is mainly concerned with news and current affairs and not for drama, music, entertainment etc.
The chairman, three permanent members and six part time members are appointed by the President of India on the recommendations of a committee consisting of :-
Chairman of Rajya Sabha, (b) Chairman of PCI, (c) One nominee of President of India
The Executive member shall be a person having piratical experience in administration, management, broadcasting, education, culture, arts, music etc. He will be the CEO of Prasar Bharati. Other two member will be experts in Finance and Personnel (HR) matters.
Six part time members - persons of outstanding experience in the field of journalism, film, drama, art, literature, law etc.
- 4 - 5. TENURE OF MEMBERS : The Chairman shall be a part-time member and shall hold office for six years from the date he assumes the charge. The Executive Member and other two members will be full time and hold charge for six years from the date they assume the office or attain the age of 62 years which ever is earlier. The tenure of part-time members will be six years but two of members shall retired on the expiration of every two years. The term of elected member shall be two years or till he ceases to be an employee of the Corporation which ever is earlier.
6. REMOVAL AND SUSPENSION OF CHAIRMAN AND MEMBERS :
The Chainman and part-time member shall only be removed by order of the President of India on the ground of misbehavior after an inquiry held by the Supreme Court and removal recommended.
The President also can remove Chairman and other members on the following grounds :-
Ceases to be a citizen of India, become insolvent, takes another employment, convicted on moral turpitude or unfit due to infirmity of body or mind.
7. MEETINGS OF THE BOARD :
The board will meet at least six time in a year – interval between the meeting shall be less than three months.
FUNCTIONS AND POWERS OF THE BOARD (P. 705) :
9. PARLIAMENTARY COMMITTEE : A Parliamentary Committee of twenty two members ( 15 from Lok sabha and 7 from Rajya Sabha) will be formed to oversee the working of the Corporation as per the Act. 10. BROADCASTING COUNCIL : It consist of a President and ten other members appointed by the President of India. They are person of eminence in public life. Four members of parliament two each from Lok sabha and Rajya Sabha. The Council receive and consider complaints from any person about functioning of the Corporation 11. POWERS OF CENTRAL GOVT . : The Central Govt. may issue from time to time directions in the interest of Sovereignty, unity and integrity or Security of India etc. Such direction will be placed before the parliament.
The Govt. can ask any information from the Corporation.
When the board do not obey the directions under Sec. 23 or 24 above the Govt. make a report and place it before Lok sabha and Rajya sabha for action to supersede the Corporation. On the recommendations of the Parliament the President may Supersede the board for the period of six months. But before he will give an opportunity to the board to give explanation.
POWER TO MAKE RULES :
The Central Govt. will make rules to carry out provisions of this Act. (P. 403 – Iyer)
13. FUNDING :
Initially the Corporation will get grant / loan from the Govt. It is
supposed to generate its own funds and utilise. The revenue earned by
the Corporation will be used by the Corporation and not deposited in
the consolidated fund
14. CONSLUSION :
A beginning has been made to free the Electronic Media from the
Govt. control . But real challenge to Prasar each from other channel .
CODE FOR COMMERCIAL ADVERTISING OVER ALL INDIA RADIO
All those engaged in advertising are strongly recommended to familiarise themselves with legislation affecting advertising in this country particularly the following Acts and Rules :-
Drugs and Cosmetics Act, Drugs Control Act, Drug and Magic Remedies (Objectionable Advertisement) Act, Copyright Act etc.
THE CODE OF CONDUCT -
The advertising shall be so designed as to conform to the laws of the Country and should not offend against morality, decency and religious feeling of the people. (P. 503 Iyer)
ADVERTISING COUNCIL OF INDIA INTRO : There was a need for self regulation in advertising to keep standards. The Advertising Standards Council of India adopted the code for self regulation on Nov 20, 1985. It was amended in Feb 1995 and in June 1999. The purpose of the code is to control the content of advertisement, not to hamper the sale of products which may be found offensive by some people. If the advertisement for such products are not themselves offensive, there will be no objection in the court. This code has been drawn up by people in profession and industries connected with advertising to achieve the acceptance of fair advertising practices in the interest of altimate consumer. The code applies to advertisers, agencies and media. REGULATIONS : A) To ensure the truthfulness and honesty of representation and claims made by advertisements and to safeguard against misleading advertisements.
b) To ensure that advertisements are not offensive to generally accepted standards of public decency.
To safeguard against the indiscriminate used of advertising for the promotion of products which are hazardous to society or to individuals to a degree which is unacceptable to society at large.
To ensure that advertisements observe fairness in competition so that the consumer’s need to be informed on choices in the market and the canons of competitive behavior in business are both served.
Both the general public and an advertiser’s competitors have and equal right to expect the contents of advertisements to be presented fairly, intelligibly and responsibly
STANDARDS OF CONDUCT : Advertising is an important and legitimate means for the seller to awaken interest in his products. The success of advertising depends on public confidence. Hence no practice should be permitted which tends to damage this confidence. The standards laid down by the council are minimum standards which can be reviewed from time to time. (P. 529 Iyer) @@@ PUBLIC RELATIONS SOCIETY OF INDIA (PRSI) NATIONAL UNION OF WORKING JOURNALISTS(NUWJ)
Exemption from the Act is for the material is in the interest of science, literature, art or learning or used for religious purpose any representation in any ancient monument, temple, carving etc. also exempted.
Search and seisure of indecent material is authorised.
THE NEWS PAPER (PRICE AND PAGE) ACT 1956 INTRO : This Act was passed for the purpose of preventing unfair competition among news papers. The Govt. can pass an order regulating the prices, maximum number of pages or area for advertisement etc. This Act was struck down by the Supreme Court in in Sakal News paper vs. Govt. (P. 800) @@@
THE NEWS PAPER (INCITEMENT TO OFFENCES) ACT 1908 INTRO : This is to avoid news paper indulging in inciting violence or murder or such Acts. This was passed during British Govt. but still continuing. It gives powers to the Magistrate to seize the copies and seal the printing press. (P. 802). @@@
THE INFORMATION TECHONOLOGY ACT 2000 INTRO : An Act to provide legal recognition for the transactions carried out means of electronic data interchange and other means of electronic communication (Electronic Commerce) DEFINITIONS : (P. 317 Iyer ) DIGITAL SIGNATURE : (P. 321 Iyer) – Electronic Governance, Regulation of certifying authorities (P. 326) CYBER REGULATIONS APPELLATE TRIBUNAL (P. 338 Iyer) OFFENCES : (P. 342) – Tampering with computer source documents : Any body knowingly destroys or alter or conceal any computer source code, computer program, computer system or network shall be punishable with imprisonment upto 3 years or fine.
Hacking with Computer System : Any body causes loss or damage to the public or any person, destroys or deletes or alters any information in a computer resource or diminishes its value or utility – commits Hacking. The Hacker will be punished upto 3 years or fine . Publishing Information in Electronic Form which is Obscene : Any body publishes or transmits in the electronic form which is lascivious or appeals to the prurient interest shall be punished on first conviction with imprisonment upto 2 years and fine. Certifying Authority : It means a person who has been granted a license to issue a digital signature certificate under Section 24. Digital Signature (P. 321 Iyer) It means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance in Section III
Controller : The Central Govt. may by notification appoint a Controller for purpose of this Act who will be assisted by Dy. Controller or Asst. Controller. Duties of the Controller : Supervision over the activities of Certifying Authority. Certifying public keys of the Certifying Authority. Laying down the standards to be maintain by the CA. Specifying the qualification and experience for employees of CA. Specifying the condition with CA will observed. Specifying the form and content of a digital signature. POWER OF POLICE OFFICERS TO ENTER AND SEARCH (P. 346 Iyer)