MEDIA, LAWS AND ETHICS

UNIT 1: TOPIC 1 - Legal Terminologies

1. Bill - A 'bill ' can be considered as initial stage of an act. Bill is a proposal to
make a new law. Usually, bill is in the form of a document that summaries what
is the policy behind the proposed law and what is to be the proposed law.

• A Bill can be introduced by government itself or proposed by a member of

the Parliament. The Bill is placed in the lower house of the parliament and
after discussions once it has been passed, the Bill goes to the Upper house
for approval. Once the bill gets passed by the upper House it is sent to the
President for his assent.

• Finally, a bill becomes a law (Act) of the land once it has been passed by
the parliament and also got assent from the President.

• A bill is a proposed law under contradiction by legislature. A bill does not

become law until it is passed by the legislature and in most cases approved
by the executive.

• There is a proper procedure to pass a bill that may include:

1. Introducing the bill,

2. Passing bill (Lok Sabha first then Rajya Sabha)

3. President Assent

Bill can be of three types ordinary bill, money bill and interim bill.

2. Act - An act is a bill presented on the state legislature of parliament of India

passed by both houses of state legislature and sent for assent of the state on
president.

Once the Bill has been passed by the legislature, it is sent to the President or the
Governor, as the case may be for the approval. By receiving his assent, it becomes
an Act. An Act is a law which is made by the legislature like Parliament or State
Legislative Assembly.
3. Ordinance: Ordinances are temporary laws that are circulated by the President
of India on the recommendation of the Union Cabinet. They can only be delivered
when the Parliament is not in session. They enable the Indian government to take
immediate legislative action.

At times, when the legislature of the Union is not in session and there is a need
to make a legislation (Act) in emergency. In such cases, the government refers a
proposal to the President or Governor, and if they approve of them, it becomes an
Ordinance. Legally, an ordinance is the equal to Act. It can be seen as a temporary
law till its expiry or till it is repealed or it is approved by the legislature.

4. Regulation: It is essentially a law but it draws its life not from decision of a
legislative assembly directly but indirectly. A regulation is often passed by the
executive branch of government.

5. Statute: To give legal form to an act, within form of law.

• It is a formal written enactment of a legislature, authority and governs a

state or city. They are referred to as legislation of a black letter law. Before
a statue becomes a law, it must be agreed by the highest executive and
government and finally published as a part of code.

6. Code: A code is systematically arranged comprehensive collection of laws. In

other word, it is a collection of laws and regulation, pertaining to a specific
activity or subject. Example-

• Civil procedure code

• Criminal procedure code

7. Norm: They are of two types:

• Social Norm:

• Legal Norm

Sometimes social norm may become legal norm.

 Social Norm
• A model or standard accepted by society or other larger group against
which society judges someone on something for example, standard for
wrong or right behaviour of a group.

• In other words, it is an informal guideline what is considered normal social

behaviour of a group.

• It is an informal guideline what is considered normal social behaviour in a

particular group or social unit. Norms form a basis of collective
expectations that the member of a community have from each other and
play an important role in social control and social order by exerting a
pressure on individual to conform.

Legal Norm
• Hans Kelsen theory on Norms explains that norm is ought proposition
where X (Violation/Crime) happens then Y (Punishment) ought to happen.

• There is a basic difference between social norm and legal norm on the basis
of origin. The social norms originate from the society where as the legal
norm originates from legislature or judiciary.

8. Conventions:

Conventions may be defined with two perspectives:

International Convention: A convention is a meeting on assembly of people
who share a common interest, it is a method, practice, rule, or custom in other
words. It is an assembly often held periodically by members or delegates as often
as political, social, professional or religious group. Example, The Human Rights
Commission produced two major documents: the International Covenant on Civil
and Political Rights (ICCPR) and the International Covenant on Economic, Social
and Cultural Rights (ICESCR). Both became international law in 1976. Together
with the Universal Declaration of Human Rights, these two covenants comprise
what is known as the “International Bill of Human Rights.”
Constitutional Convention: The constitutional Convention are those which are
not written but as a tradition followed
9. Affidavit: It is a written sworn statement of fact voluntary made by a deponent
under an oath or affirmation administered by a person authorized to do so by law.
Such statements witnessed as to the authenticity of affiliate’s signature by a taker
of oath such as notary public. Affidavit may be written in the first or third person
depending on who drafted the document.

10. Accused: A person charged with committing a crime on the charges of an

offence are put on and his verdict has to be decided by the court.

11. Acquittal: In the common law an acquittal formally certifies that the accused
is free from charges of an offence as far as the criminal law is concerned.

12. Bail: Traditionally bail is some form of property deposited on pledge to a

court to persuader it to release a suspect from jail on the understanding that the
subject will return for trial of forfeit the bail.

• The release of a person held in legal custody while awaiting trial or

appealing against a criminal conviction. A condition may be poised on a
person released on bail by police. A person is guaranteed bail that he/she
pays a specified amount of money as instructed by the judge.

• Often the court also requires guarantees to undertake; to produce, to forfeit

this sum fixed the court.

• In some cases, judges have discretionary power to grant a bail person or

not.

13. Conviction: A formal declaration by the verdict of jury on the decision of the
judge in a court of law that someone is guilty of criminal offence . In law
conviction is the verdict that results when a court of law finds defendant guilty
of crime.

14. Defendant: A defendant is a person or an entity accused of a crime in criminal

case on a person or entity against whom some type of civil belief is been sought
in civil case

15. Evidence: Any party to prove its side needs evidence.

• A set of things helpful informing a conclusion or judgment. Something

indicative or indication or set of indication.
 • Evidence broadly considered as anything presented in support of an
assertion. This support may be strong or weak. Some of the examples of
evidence are circumstantial evidence, evidence like oral testimony and
document, physical evidence eye witness etc.

16. Plaintiff: The one who files a case against a person. In every legal action
whether civil or criminal there are two sides. The person suing is the plaintiff and
the person against whom the suit is brought in the defendant .In some instances
there may be more than one plaintiff or defendant.

• The party who initiates a law out by filing a complaint against the
defendant demanding damages or court determination of rights.

• As a rule, especially in criminal law plaintiff have to proof that defendant

is guilty.

• Usually in criminal cases plaintiff is state and defendant is any private

party.

17. Prosecution: It is an institution and conducting legal proceeding against

someone in respect of criminal charges. In other words it’s a legal proceeding in
which the person accused of criminal offence is tried in court by the government
appointed called district attorney or public prosecutor.

18. Prima Facie: It’s a Latin expression which means first impression or literal
translation would be at first face or at first appearance.

• Example Sushil Kumar is a Prima Facie (the main conspirator) therefore

Delhi High Court rejected his anticipatory bail

19. Subjudice: It means that a particular case or matter is under trial or being
considered by a judge court. The term may be used synonymous with the present
case or the case at bar by some layer under judicial consideration and therefore
prohibited from public discussion elsewhere.

• According to black law subjudice means before the court or judge for
determination at bar.

• A case which is under judicial consideration. A case which is already going

on court than cannot be appealed in any other court.
 UNIT 1: TOPIC 2 – Press Laws in India

Press laws before Independence

James Augustus Hickey in 1780 started The Bengal Gazette or Calcutta General
Advertiser, the first newspaper in India, which was seized in 1872 because of its
outspoken criticism of the Government.

1) FIRST PRESS REGULATIONS, 1799:

On 13th May 1799, Lord Wellesley promulgated the First Press Regulations.
According to these regulations it was mandatory for the newspapers to print the
names and addresses of printers, editors and publishers. However, these
regulations were abolished during the administration of Warren Hastings in 1813.

2) LICENSING REGULATIONS, 1823:

The acting governor-general, John Adams, who had reactionary views, enacted
these. According to these regulations, starting or using a press without license
was a penal offence. These restrictions were directed chiefly against Indian
language newspapers or those edited by Indians. Rammohun Roy’s Mirat-ul-
Akbar had to stop publication.

3) PRESS ACT OF 1835 OR METCALFE:

Act Metcalfe governor- general—1835-36) repealed the obnoxious 1823

ordinance and earned the epithet, “liberator of the Indian press”. The new Press
Act (1835) required a printer/publisher to give a precise account of premises of a
publication and cease functioning, if required by a similar declaration.
4) GAGGING ACT, 1857:

In 1857, a law was enacted known as the “Gagging Act”. This Act introduced
mandatory licensing for running or owning a printing press. It empowered the
Government to prohibit the publication or circulation of any newspaper, book or
any printed matter. It allowed the Government to ban the publications or
dissemination of statements or news stories, which had a tendency to cause hatred
or contempt for the Government, incite disaffection or unlawful resistance to its
orders or weaken its lawful authority. The Act was, however, abolished in June
1858.

5) THE PRESS AND REGISTRATION OF BOOKS ACT, 1867:

This Act was enacted with a view to evaluating the present position of books,
newspapers, and magazines in the country at any given time. The most important
aspect of this Act is that every copy of a newspaper shall contain the names of the
owner, publisher, and editor printed clearly on all the copies. The printer of every
newspaper is required to deliver to the State Government free of expense two
copies of each issue of the newspaper as soon as it is published. Failure to do so
is treated as an offence.

6) VERNACULAR PRESS ACT, 1878:

This Act was enacted on March 1, 1878. This Act empowered the then British
Government to exercise more stringent control over publications in the Indian
languages. Under this Act, any District Magistrate or Police Commissioner could
demand security from the printer and publisher of a newspaper, forfeit such
security or confiscate any printed matter considered objectionable in the interest
of the British Government.
7) SEA CUSTOMS ACT, 1878:

Section 8 (c) of the Act prohibits the bringing into India whether by land, or by
sea any obscene book, pamphlet, paper, drawing, painting, representation, figure
or article. These items can be confiscated.

• A number of Press Laws and restrictions were enforced and placed on the statute
book from time to time. After the establishment of the Indian National Congress,
there were sections 124A and 153A of the Penal Code enacted in 1898. There was
also section 565 of the Indian Penal Code. Four new measures were enacted
between 1908-191; namely, the Newspapers (Incitement to Offences) Act of
1908, the Press Act of 1910, the Prevention of Seditious Meetings Act of
1911 and the Criminal Law Amendment Act of 1908. There was also” the Official
Secrets Act as amended in 1903.”

During And After the First World War:

Defense of India Rules was imposed for repression of political agitation and free
public criticism during the First World War.

➢ INDIAN PRESS ACT, 1910:

Under this Act, owners of presses were required to tender security deposits. These
securities were to be forfeited if they printed any objectionable matter. In
addition, the police were given extensive powers of search and seizure. The
harshness of the legislation was matched by vigorous enforcement of its
provisions. The British Government, between 1910 and 1914, initiated no fewer
than 355 cases.
 ➢ OFFICIAL SECRETS ACT, 1923:

This is an act, which consolidates the law relating to official secrets, and deals
with offences like spying and wrongful communication of secret information.
Section 3 of the Act makes it an offence if any person for any purpose prejudiced
to the public safety and the interests of the state:

• Approaches, inspects, passes over or is in the vicinity of or enters any

prohibited place,
• Makes any sketch, plan, model or note which is calculated to be or-might
be or is intended to be directly or indirectly useful to an enemy, or
• Obtains, collects, records or publishes or communicates to any person such
sketch, etc.

In a prosecution for an offence punishable under Section 3(1) of the Act, with
imprisonment for a term which may extend to 14 years.

Following Gandhi’s arrest in 1930, in the aftermath of the Salt Satyagraha he

started, the Press Emergency Act of 1931 was firmly put in place. In her article,
Chaudhuri explains, “Throughout this period, however, the Press Emergency Act
of 1931 remained in force and was applied with greater or less severity according
to political circumstances.

During The Second World War:

• Under the Defense of India Rules, repression was imposed and amendments
made in Press Emergency Act and Official Secrets Act. At one time, publication
of all news related to Congress activity was declared illegal.

• The Defense of India Regulations Act was originally introduced in the 1915, by
the government as a stringent, emergency law to prevent retaliatory, rebellion-
driven activities from emerging within the country. Chaudhuri explains, “The
Defense Act Rules in India were not merely used for war purposes, but also for
all political purposes so as to carry out the policy of the Indian Government in
regard to repression of political agitation or free public criticism of its normal acts
and methods of administration in India.”
Press Laws After Independence

Press in India after Independence found itself into an unfamiliar situation since
its role as crusader or agitator had somewhat withered away. To criticize the
newly formed state, was found improper and unfair by the press in India after
Independence.

1) PRESS ENQUIRY COMMITTEE, 1947:

The committee recommended to repeal the Indian Emergency Powers Act of

1931, Modification in Section 124-A and 153-A of the Indian Penal Code,
Amendments to the Press and Registration of Books Act.

2) PRESS OBJECTIONABLE ACT (1951):

It was a temporary law for 2 years and later it was extended up to 1956. This act
was provided for judicial inquiry before demanding security from a printing
press.

3) WORKING JOURNALIST NEWSPAPERS EMPLOYEES (Condition of

Service) AND MISCELLANEOUS PROVISION ACT-1955

It regulates the condition of service of working Journalist and provides a

machinery for fixation of rates of wages of working journalist and other
newspaper employees. Similarly in 1958 working journalist (fixation of rates of
wages) act came.

4) NEWSPAPER PRICE PAGE ACT-1956

This act was concerned with number of pages in newspapers to its cover print
passed in 1956.

5) CONTEMPT OF COURT ACT:

Contempt of Court is one of the reasonable restrictions under Article 19(2) of the
Indian Constitution. This Act was enacted for the first time in the year 1952. Later
on, this was again enacted in 1971, which was further amended in 1976.

6) YOUNG PERSON’S (HARMFUL PUBLICATIONS) ACT, 1956:

This Act seeks to prohibit the publication in India of such literature as glorifies
crime, violence or vice.
7) PARLIAMENTARY PROCEEDINGS (PROTECTION OF
PUBLICATION) ACT, 1956:

This Act was enacted with a view to protecting the publications of reports of
proceedings of Parliament except in newspapers. Section 3 of the Act states that
no person shall be liable to any proceedings, civil or criminal in any court, in
respect of the publication in a newspaper of substantially true report of any
proceedings of either House of Parliament, unless the publication is proved to
have made with malice.

8) DELIVERY OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES)

ACT, 1954:

This Act enjoins upon the publisher of every newspaper to deliver at his own
expense one copy of each issue of such newspaper as soon as it is published to
each public library as may be notified by the Central Government. Contravention
of any provision of this Act becomes punishable.

9) COPYRIGHT ACT, 1957:

Section 52 of this Act lays down that certain acts shall not constitute an
infringement Of Copyright, such as fair use, fair quotation, Bonafede
abridgements and the like.

10) DEFENSE OF INDIA ACT, 1962:

According to Justice Mudholkar, “upon the declaration of emergency, the

Parliament will be empowered to make laws affecting the freedom of the Press.
It is as if the freedom of media disappears in a situation of emergency. Any law
made by the Parliament, under a situation of emergency, cannot be challenged on
the ground of legislative incompetence for as long as emergency lasts. Citizens
cannot claim any protection under Article 19. Further, clause 7 of section 3 of the
Défense of India Act deals with the entire gamut of printing and publishing of any
newspaper or book and the imposition of Censorship.

11) PRESS COUNCIL OF INDIA ACT, 1965:

The Press Council of India, according to the preamble to the Press Council of
India Act, is established: “For protecting the freedom of the press and maintaining
and improving the standards of both newspapers and news agencies” M.V.
Kamath once pointed out that it is important to remember that the Press Council
of India is not a Court of Law. It is a Court of Honour. Its verdicts are not judicial
pronouncements. Therefore, there is no question of punishment imposed on an
offending journalist or newspaper.

By that same token the Council cannot award damages to the aggrieved party. As
justice Mudholkar put it, “The only weapon in the armoury of the Press Council
of India is moral authority”. The sole strength of the Council lies in its appeal to
conscience. The power conferred by section 13 (1 A) requiring a newspaper to
publish therein any particulars relating to any enquiry under section 13 does not
mean that it has any power to punish a defaulting paper.

The experience of the British Press Council has shown that this power, if properly
used and constantly exercised, can become extremely effective. The public
rebuke that the Council administers and the moral obligation of the offending
newspaper to publish its decisions operates both as a penalty and a deterrent. The
Press Council of India Act, 1965 was later amended on 31st March 1970. The
Council’s term which expired in December, 1975 was not extended during the
Emergency again the Press Council’s Act was revised in 1978 which was more or
less on the same lines as the Press Council Act, 1965.

12) POLICE (INCITEMENT TO DISAFFECTION) ACT, 1972:

This Act penalizes any act, which causes or is likely to cause disaffection toward
the Government among the member of the police force or which induces or
attempts to induce any member of the police force to withhold his services or to
commit a breach of discipline.

13) DRUGS AND MAGIC REMEDIES (OBJECTIONABLE

ADVERTISEMENT) ACT, 1954:

The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 was
enacted to control wrong practices in the advertisement of drugs. In certain cases,
this Act is meant to prohibit the advertisement for certain drugs for matters
connected there with.

Any person who contravenes any of the provisions of the Drugs and Magic
Remedies Act is punishable by the Act. It takes two forms such as:

• in the case of a first conviction, with imprisonment may extend up to six

months or with fine or with both.
 • in the case of a subsequent conviction, with imprisonment may extend to
one year or with fine or with both (Section 7 of the Act).

14) CABLE TELEVISION REGULATION ACT, 1995:

This is one of the most recent Acts. According to this Act:

• No person shall operate a cable television network unless he is registered

as a cable operator under this Act.
• No person shall transmit or re-transmit through a cable service any
programme unless such programme is in conformity with the prescribed
programme code.
• Every cable operator using a dish antenna or “Television Receiver only”
shall, from the commencement of this Act, re-transmit at least two Door
darshan Channels of his choice through the cable service. Moreover, the
Door darshan Channels referred to in sub section (1) shall be retransmitted
without any deletion or alteration of any programme transmitted on such
channels. Whoever contravenes any of the provisions of this Act shall be
punishable as under:

- for the first offence, with imprisonment for a term, which may extend to two
years or with fine, which may extend to one thousand rupees or with both.

- for every subsequent offence, with imprisonment for a term, which may extend
to five years and with fine, which may extend to five thousand rupees.

Note: Some of the recent Act are IT ACT,2005, RTI Act 2005 and Broadcasting
Bill Act (2007).
 UNIT 1: TOPIC 4 - FREEDOM OF PRESS

UNESCO On Freedom of Press

• UNESCO has always been in favour to “promote the free flow of ideas by word
and image”. Even the Organization’s Member States from time to time have
confirmed this mandate as an when required and it has been adopted by the
General Conference; which is a highest authority of UN agency. Hence,
UNESCO promotes freedom of expression and freedom of the press as a basic
human right.

• Even in 1993 the United Nations General Assembly proclaimed that May 3 is
“World Press Freedom Day”.

Indian Constitution

• Indian constitution accorded pride of place to the freedom of speech and

expression while drafting the Constitution of India. “Freedom of speech and
expression” has been declared a fundamental right under Article 19(1)(a), subject
only to the reasonable restrictions that may be imposed by the state under clause
(2) of that Article

• The freedom of press is not absolute just as freedom of speech is not. The public
interest is safeguarded by article 19 (1) (2)with the reasonable restrictions to the
freedom of expressions on the following grounds:

Reasonable Restrictions

1. Integrity of India,
2. Security of the State,
3. Friendly Relations with neighbouring Countries,
4. Public order,
5. Decency or morality,
6. Contempt of Court and Contempt of Legislature,
7. Defamation, and
8. Incitement to an offence
Press Freedom Index

• The Index ranks 180 countries and regions according to the level of freedom
available to journalists.

• It is a snapshot of the media freedom situation based on an evaluation of

pluralism, independence of the media, quality of legislative framework and safety
of journalists in each country and region.

• It does not rank public policies even if governments obviously have.

• Published every year since 2002 by Reporters without Borders (RSF), the World
Press Freedom Index is an important advocacy tool based on the principle of
emulation between states.

• The 2021 World Press Freedom Index Report of the RSF retains the abysmal
142 rank it gave to India in the previous year.

• Press Freedom in India in 2021 declined. The Indian rank was press freedom
index has dropped to 142nd in 2020 from 136th in 2015. India falls behind most
of its neighbours, including Myanmar (139), Afghanistan (122), Bhutan (67),
Nepal (112), and Sri Lanka (127) (Kamdar,2020).

Land Mark Case: Indian Express v. Union of India

➢ Need of Freedom of Press Referring to Print media case

1. Printed matter records idea in permanent form, which speech can not

2. However, the larger the audience for a speech may be, a newspaper, or book
has larger circulation than spoken words. Even though in modern times a
newspaper has other rivals in realm of media expression such as radio and
television, the morning daily still has the widest demand in the world and is the
most potent medium of mass communication

3. Freedom of Press as an extension of Freedom of speech and expression

4. Democracy can endure and thrive not only under the vigilant eye of its
legislature but also under the care and guidance of public opinion, and the press
is, the vehicle through which public opinion becomes articulate
7. A democratic government can rest only on free debate, and free exchange of
ideas amongst the people. Truth can emerge only through the unhampered
interplay of competing ideas. Press plays vital role in this case as there cannot be
collective decision without mature deliberation upon any issue. On one hand the
widest dissemination of information from diverse source is necessary for public
education, which is the foundation of democracy, on the other hand, by the means
of free discussion and criticism that the government remain responsive towards
the will of the people.

8. Furthermore it is the function press is to expose the abuses of power by

corruption and public officials and in keeping them responsible to the people
whom they are protected to serve.

9. Representative democracy like India cannot function in society when there is

no freedom of speech. Mere freedom of election is not enough if there is no
freedom of press to criticize the programme and the action of the party in power
and if the parties in opposition are not allowed to present their alternative
programmes before the people.

The freedom of Press have essential elements

• Freedom to access all source of information

• Freedom of Publication

• Freedom of Circulation

Need of Restriction

• No freedom can be unrestrained. The freedom of press postulates that the press
have the right to print anything which it thinks fit for publication…Kedar Gosh
in his Fundamental Fraud of the press…”As freedom of press is always in danger,
so it is always dangerous “

• In right society, the right of the press should be harmonized with its duties and
responsibilities towards society. For such harmonization certain restraints or
regulations are necessary. What is objectionable is not restriction or regulation as
such but the imposition of arbitrary and excessive restriction which would make
freedom mockery.
• There are some statutory limitations or curbs placed on the freedom of press
under official secrets Act, Contempt of court Act, Privileges of Parliamentary,
Copy right ACT, Law of Defamation etc.

➢ CASES WHERE FREEDOM OF PRESS WAS RESTORED

S.NO Aspects of Freedom of Press CASE

1. Freedom of Press a) Romesh Thapar vs State of

Madras,
b) Indian express vs Union of
India,
c) Sakal Papers Ltd. vs Union of
India,
d) Bennett Coleman and Co. vs
Union of India,
e) Brij Bhushan vs State of Delhi
2. Freedom of Commercial Speech Tata Press Ltd. vs Mahanagar
Telephone Nigam Ltd.

3. Right to Broadcast Odyssey Communications (P)

Ltd. vs Lokvidayan Sanghatana

4. Right to Information Union of India vs Association for

Democratic Reforms

5. Right to criticize S. Rangarajan vs P. Jagjivan Ram

6. Right to expression beyond Maneka Gandhi vs Union of India

geographical boundaries

7. Right to silence is also included in Bijoe Emmanuel vs State of

the right to speech and expression Kerala

➢ CASES WHERE FREEDOM OF PRESS WAS NOT RESTORED

• Sahib Singh Mehra vs State Of Uttar Pradesh on 22 January, 1965

• Prabha Dutt vs Union of India & Ors on 7 November, 1981

Government attitude on freedom of Press

1. In post Independent India the Congress Party ruled India for majority of the
time. During congress regime there has been several issues when the press
freedom was curtailed. The biggest day in the History was during the emergency
Period. Indira Gandhi government suppressed the press. The editorial pages were
banned.

2. From 1980 struggle between the press and the government worsened. In
different states it had the same repercussions. In Karnataka major daily offices
were blocked so as to prevent their publication on one day and the police
practically pleaded helplessness to do anything about the matter.

3. During Manmohan government hardly any press conference. The media

professional were rarely given opportunity to ask the question or interview the
Prime Minister.

During Anna Hazare movement the Kapil Sibal imposed censorship on several
social media sites in order to limit the influence of the movement

Press Council of India -Threat to FP

• Attacking media offices, media personnel, blocking the activities

• Refusing access to information

• Fabricating cases against media professionals

• Harassing and victimizing journalists

• Seizing camera and destroying film by police from a Press Photographer

• Disaccrediting and withdrawing of housing facilities from media professionals

• Favours to media professionals.

• Control over issue of newsprint,

• Control over Electricity supply.