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Regulating the Media Industry
media consisting of radio, television, films, the
press, publications, advertising and traditional
mode of dance and drama plays a significant part
in helping the people to have access to free flow of
information.
It also spread the knowledge and entertainment to
all sections of society.
The mandate of the Ministry of
Information & Broadcasting is:
• News Services through All India Radio (AIR) and
Doordarshan (DD) for the people.
• Development of broadcasting and television.
• Import and export of films.
• Development and promotion of film industry.
• Organization of film festivals and cultural
exchanges for the purpose.
• Advertisement and visual publicity on behalf of
the Government of India.
• Handling of press relations to present the policies
of Government of India and to get feed-back on
the Govt. policies.
• Administration of the Press and Registration of
Books Act, 1867 in respect of newspapers.
• Dissemination of information about India within
and outside the country through publications on
matters of national importance.
Cinematography Act, 1952
• The Cinematograph Act of 1952 has been passed
to make provisions for certification of
cinematographed films for exhibition.
• Under this Act, the Central Board for Film
Certification with advisory panels at regional
centers is empowered to examine every film and
sanction it whether for unrestricted exhibition or
for exhibition restricted to adults or to refuse to
sanction a film for public exhibition.
Certificate
• The Certification process is in accordance with The
Cinematograph Act of 1952
• At present films are certified under 4 categories –
• U - Unrestricted Public Exhibition
• UA - Unrestricted Public Exhibition - but with a word
of caution that Parental judgment required for children
below 12 years
• A - Restricted to adults
• S - Restricted to any special class of persons
• The Cinematograph Act says that a film should
not be certified if any part of it is against the
• integrity of India,
• security of the State,
• friendly relations with foreign States,
• public order,
• decency
• defamation
• or is likely to provoke any offence.
• A film is judged totally from the point of view of its overall impact
• provided that the film does not degrade the morality of the audience
• Guidelines
• While certifying films for unrestricted public exhibition, the Board shall
ensure that the film is suitable for family
• viewing that is the members of the family including children can view it
together.
• If the nature, content and theme of the film should need to be cautioned the
parents or guardian to consider whether any child below the age of twelve
years maybe allowed to see such a film, the film shall be certified for
unrestricted public exhibition with an endorsement to that effect.
• If the nature, content and theme of the film should need to be restricted to
members of any profession or any class of persons, the film shall be certified
for public exhibition restricted to the specialized audiences to be specified by
the Board in this behalf.
Violation
• The Central Board of Film Certification is
responsible for certifying films. The enforcement
of compliance to the provisions of the
Cinematograph Act, 1952 is entrusted to the
State Governments since exhibition of films is a
State subject.
• Violation:
• exhibition of an ‘A’ certified film to a non-adult
• exhibition of an ‘S’ certified film to persons
other than those for whom it is meant
• Extending interpolations.
Interpolations
• Interpolations can be described as follows:-
• re-insertion in the prints of a film that were deleted
by the Board while certifying the film;
• insertion in prints of a film that were never shown
to the Board for certification;
• exhibition of ‘bits’ unconnected or unrelated with
the certified film;
• exhibition of a film which was refused a certificate
or ‘banned’ in common parlance;
• exhibition of uncertified films with forged
certificates of other films;
• exhibition of films without CBFC certificate;
Punishment & Penalties:
• The Section 7 of the Cinematograph Act provides penal.
• A person will be considered as guilty while violating the
Cinematograph Act is punishable with imprisonment for a
term which may extend to Three years.
• fine which may extend to rupees one Lakh, or with both,
and with a further fine up to Rs.20,000 for each day for a
continuing the offence.
• Showing of video films that violates the rules prescribed
will attract imprisonment of not less than three months
but which may extend to three years
• A fine of not less than Rs.20,000 but which may extend to
rupees one Lakh and a further fine up to Rs.20,000 for
each day for a continuing offence.
The Cine-workers and Cinema Theatre
Workers (Regulation of Employment) Act
1981:
• The Cine Workers and Cinema Theatre Workers
(Regulation of Employment) Act of 1981 regulates
the conditions of employment of cine-workers and
cinema theatre workers and related matters.
• ‘Cinema theatre’ means a place which is licensed
under Part III of the Cinematograph Act, 1952
• ‘Cine-worker’ is an individual who is employed,
directly or through any contractor in connection
with the production of a feature film.
The Act prohibits the employment of any cine-worker without an
agreement in writing with the producer of the film or any cine-worker
employed through a contractor
• agreement should be registered with the authority notified under the
law by the producer of the film.
• The Agreement should be in ‘Form A’ as given under the Rules and
whoever disobey this provision will be punishable with fine not less
than Rs.10,000 and may also extend to Rs.50,000.
• The Act provides safeguards to low paid artistes and technicians
engaged in the production in terms and conditions of employment,
payment of wages and provision of other amenities.
• The provisions of the Employee’s Provident Funds and Miscellaneous
Provisions Act of 1952 will apply to all cinema theatre with five or
more workers.
• The provisions of the Payment of Gratuity Act of 1972 will apply to all
workers of the cinema theatres preceded for twelve months.
• In case of any dispute regarding the terms and conditions of the
agreement, a cine-worker may approach the Conciliation Officer for
mediation, who will investigate the dispute and comes to a fair and
amicable settlement.
The Prasar Bharati (Broadcasting
Corporation of India) Act 1990
The introduction of the Prasar Bharati Bill in Parliament in
May 1979
B. G. Verghese Committee set up in 1977
1989 with modified form, the Bill was passed on
September 12, 1990.
The Act provided for the formation of an autonomous
Broadcasting Corporation that would manage Doordarshan
and AIR.
The primary duty of the Broadcasting Corporation is to
organize and conduct the public broadcasting services to
‘inform’, ‘educate’, and ‘entertain’ the public.

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Media Law and Ethics

  • 1. Regulating the Media Industry media consisting of radio, television, films, the press, publications, advertising and traditional mode of dance and drama plays a significant part in helping the people to have access to free flow of information. It also spread the knowledge and entertainment to all sections of society.
  • 2. The mandate of the Ministry of Information & Broadcasting is: • News Services through All India Radio (AIR) and Doordarshan (DD) for the people. • Development of broadcasting and television. • Import and export of films. • Development and promotion of film industry. • Organization of film festivals and cultural exchanges for the purpose. • Advertisement and visual publicity on behalf of the Government of India.
  • 3. • Handling of press relations to present the policies of Government of India and to get feed-back on the Govt. policies. • Administration of the Press and Registration of Books Act, 1867 in respect of newspapers. • Dissemination of information about India within and outside the country through publications on matters of national importance.
  • 4. Cinematography Act, 1952 • The Cinematograph Act of 1952 has been passed to make provisions for certification of cinematographed films for exhibition. • Under this Act, the Central Board for Film Certification with advisory panels at regional centers is empowered to examine every film and sanction it whether for unrestricted exhibition or for exhibition restricted to adults or to refuse to sanction a film for public exhibition.
  • 5. Certificate • The Certification process is in accordance with The Cinematograph Act of 1952 • At present films are certified under 4 categories – • U - Unrestricted Public Exhibition • UA - Unrestricted Public Exhibition - but with a word of caution that Parental judgment required for children below 12 years • A - Restricted to adults • S - Restricted to any special class of persons
  • 6. • The Cinematograph Act says that a film should not be certified if any part of it is against the • integrity of India, • security of the State, • friendly relations with foreign States, • public order, • decency • defamation • or is likely to provoke any offence.
  • 7. • A film is judged totally from the point of view of its overall impact • provided that the film does not degrade the morality of the audience • Guidelines • While certifying films for unrestricted public exhibition, the Board shall ensure that the film is suitable for family • viewing that is the members of the family including children can view it together. • If the nature, content and theme of the film should need to be cautioned the parents or guardian to consider whether any child below the age of twelve years maybe allowed to see such a film, the film shall be certified for unrestricted public exhibition with an endorsement to that effect. • If the nature, content and theme of the film should need to be restricted to members of any profession or any class of persons, the film shall be certified for public exhibition restricted to the specialized audiences to be specified by the Board in this behalf.
  • 8. Violation • The Central Board of Film Certification is responsible for certifying films. The enforcement of compliance to the provisions of the Cinematograph Act, 1952 is entrusted to the State Governments since exhibition of films is a State subject. • Violation: • exhibition of an ‘A’ certified film to a non-adult • exhibition of an ‘S’ certified film to persons other than those for whom it is meant • Extending interpolations.
  • 9. Interpolations • Interpolations can be described as follows:- • re-insertion in the prints of a film that were deleted by the Board while certifying the film; • insertion in prints of a film that were never shown to the Board for certification; • exhibition of ‘bits’ unconnected or unrelated with the certified film; • exhibition of a film which was refused a certificate or ‘banned’ in common parlance; • exhibition of uncertified films with forged certificates of other films; • exhibition of films without CBFC certificate;
  • 10. Punishment & Penalties: • The Section 7 of the Cinematograph Act provides penal. • A person will be considered as guilty while violating the Cinematograph Act is punishable with imprisonment for a term which may extend to Three years. • fine which may extend to rupees one Lakh, or with both, and with a further fine up to Rs.20,000 for each day for a continuing the offence. • Showing of video films that violates the rules prescribed will attract imprisonment of not less than three months but which may extend to three years • A fine of not less than Rs.20,000 but which may extend to rupees one Lakh and a further fine up to Rs.20,000 for each day for a continuing offence.
  • 11. The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act 1981: • The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act of 1981 regulates the conditions of employment of cine-workers and cinema theatre workers and related matters. • ‘Cinema theatre’ means a place which is licensed under Part III of the Cinematograph Act, 1952 • ‘Cine-worker’ is an individual who is employed, directly or through any contractor in connection with the production of a feature film.
  • 12. The Act prohibits the employment of any cine-worker without an agreement in writing with the producer of the film or any cine-worker employed through a contractor • agreement should be registered with the authority notified under the law by the producer of the film. • The Agreement should be in ‘Form A’ as given under the Rules and whoever disobey this provision will be punishable with fine not less than Rs.10,000 and may also extend to Rs.50,000. • The Act provides safeguards to low paid artistes and technicians engaged in the production in terms and conditions of employment, payment of wages and provision of other amenities. • The provisions of the Employee’s Provident Funds and Miscellaneous Provisions Act of 1952 will apply to all cinema theatre with five or more workers. • The provisions of the Payment of Gratuity Act of 1972 will apply to all workers of the cinema theatres preceded for twelve months. • In case of any dispute regarding the terms and conditions of the agreement, a cine-worker may approach the Conciliation Officer for mediation, who will investigate the dispute and comes to a fair and amicable settlement.
  • 13. The Prasar Bharati (Broadcasting Corporation of India) Act 1990 The introduction of the Prasar Bharati Bill in Parliament in May 1979 B. G. Verghese Committee set up in 1977 1989 with modified form, the Bill was passed on September 12, 1990. The Act provided for the formation of an autonomous Broadcasting Corporation that would manage Doordarshan and AIR. The primary duty of the Broadcasting Corporation is to organize and conduct the public broadcasting services to ‘inform’, ‘educate’, and ‘entertain’ the public.