Media Law and Ethics Study Material

MEDIA LAWS - AN INTRODUCTION

INTRODUCTION:
There are many laws that regulate the performance of media in India. Laws related to
the mass media have been there since the very beginning. In the time of the British
Raj, many laws related to the Press were enacted. In the post-Independence time, the
various Governments have enacted many more media-related laws. Some of these
media-related laws are:
o First Press Regulations, Gagging Act,
o Indian Press Act,
o Vernacular Press Act,
o Constitutional Provisions regarding Press Freedom,
o Official Secrets Act,
o Press and Registration of Books Act,
o Sea Customs Act Contempt of Court,
o Young Persons (Harmful Publications) Act,
o Parliamentary Proceedings Act,
o Delivery of Books and Newspapers Act Copyright Act,
o Defence of India Ac,
o Press Council of India Act,
o Police Act,
o Drugs and Magic Remedies Act,
o Cable Television Regulation Act, Right to Information.
Some of these laws are directly related to mass media. Some of these are only
indirectly relate to the mass media. Most of these laws are still prevalent. But a few of
these laws have been abolished. Some laws have been changed to suit the changing
times. We shall discuss about
most of these laws in this lesson.
1.2 PRESENTATION OF CONTENT:
Media of mass communication are very important part of the modern society. They
are also very powerful systems that influence the society. At a certain level media
influences the present and can also influence the future of the society. Mass media
have the power to make or unmake governments. So it is clear that mass media are
quite powerful. But the exercise of power by the mediagets regulated and controlled
by the various laws and rules enacted from time to time. In a democratic society
media enjoy more powers and face less restrictions and regulations. In an
authoritarian form of governance, the working of the media is restricted and
controlled to a great extent. Sometimes media in autocracies or under military rule
are not all free. In India, the situation is a mixed one. The mass media enjoy certain
freedom. But the Constitution imposes certain reasonable restrictions. Then there are
laws that regulate the functioning of mass media in India. Media laws in India have a
long history right from the British rule. The Government enacted several rules and
regulations in India to perpetuate in rule. After independence, more laws have been
enacted and the old ones amended r the benefit of the society. Some of the laws that
regulate the performance of media in India are mentioned below. A few of the laws
will be discussed in detail in other lessons.
The content of this lesson is presented as under:
o Constitutional Provisions for Freedom of Media in India
o Reasonable Restrictions as Imposed by the Constitution
o Major Laws related to Media in India
CONSTITUTIONAL PROVISIONS FOR FREEDOM OF MEDIA:

The Indian Constitution does not provide freedom for media separately. But there is an
indirectprovision for media freedom. It gets derived from Article 19(1) (a). This
Article guarantees freedom of speech and expression. The freedom of mass media is
derived indirectly from this Article.
Our Constitution also lays down some restrictions in the form of Article 19(2).
Regarding the issue of freedom of speech, Dr. B. R. Ambedkar explained the position
as
follows:
"The press (or the mass media) has no special right which are not to be given to or
which are not to be exercised by the citizen in his individual capacity. The editor of a
Press or the manager are all citizens and, therefore, when they choose to represent
any newspapers, they are merely exercising their right of expression and in my
judgement no special mention is necessary of the freedom of Press at all."
On the matter of the freedom of speech and expression, the first Press Commission in
its report said,
"This freedom is stated in wide terms and includes not only freedom of speech which
manifests itself by oral utterances, but freedom of expression, whether such expression
is communicated by written word or printed matter. Thus, freedom of the press
particularly of newspapers and periodicals is a species of which the freedom of
expression is a genus. There can, therefore, be no doubt that freedom of the press is
included in the fundamental right of the freedom of expression guaranteed to the
citizens under Article
19(1) (a) of the Indian Constitution."
Justice Mudholkar, a Supreme Court Judge said during Emergency (1975-77),
"Pre-censorship, prohibition on import of printed and published material, placing a ban
on printing and publishing material of a specified nature, demanding security from the
press or placing any restriction which would amount to an indirect curb on free
circulation of a newspaper or class of newspaper should confine itself have all been
held to be bad in law."
Article 19 of the Indian constitution lays down,
"All citizens shall have the right to freedom of speech and expression, to assemble
peaceably, and without arms, to form associations or unions, to move freely
throughout the territory of India, to reside in any part of the territory of India, to
acquire hold and dispose of property and to practice any profession or to carry on any
occupation, trade or business.However the right to freedom of speech and expression
shall not affect the operation of any existing law or prevent the state from making any
law insofar as such law imposes reasonable restrictions on the exercise of that right in
the interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign states, public decency or morality or In relation to contempt of
court, defamation or incitement to offence”.
Thus the type of freedom of expression guaranteed to the American Citizen does not
exist in India but that he is liable to "reasonable restrictions.
REASONABLE RESTRICTIONS ON MEDIA:
It is strange, unique and paradoxical that what is provided as a right by our
Constitution on theone hand is taken away by some sub-clause in the same situation.
Mr. M. C. Chagla has given a general reply to this paradox, which may be put in the
following ways:
It has been said that our Constitution gives fundamental rights with one hand, and with
other hand takes them away. It is also said that, our Constitution circumscribes the
given rights by numerable exceptions and provisions. This is a very wrong criticism.
Article 19 of our Constitution deals with the right to freedom and it enumerates certain
rights regarding individual freedom of speech and expression etc. These provisions are
important and vital, which lie at the very root of liberty. It is true that in the sub-
clauses that follow, certain limitations are placed upon these freedoms with regard to
freedom of speech and expression. In addition, there are many laws that relate to libel,
slander, defamation, contempt of court, or any matter which offends against decency
or morality or which undermines the security of, or tends to overthrow the State.It can
be seen that these limitations are related to the objective standards laid down by the
Constitution. Similarly, the legislature is given the right to impose reasonable
restrictions in the interest of public order on the right to assemble peaceably and
without arms. Whether a restriction is reasonable or not is not left to the determination
of the legislature, and of the executive. But it is again an objective consideration,
which has got to be determined by the Court of law. Only such a restriction would be
reasonable as the Court thinks as reasonable. It is clear therefore that the Constitution
has not left the laws to the mercy of the party in power or to the whims of the
executive. No one is allowed to limit, control or impair our fundamental rights by
changing, amending, or introducing new laws that easily. Any limitation of a
fundamental right has to before a Court of law. Legislatures, indeed, have been
empowered to impose reasonable restrictions on freedom of speech and expressions on
the following grounds:

o Integrity of India,
o Security of the State,
o Friendly Relations with neighboring Countries,
o Public order,
o Decency or morality,
o Contempt of Court and Contempt of Legislature,
o Defamation, and
o Incitement to an offence.
By and large the necessity for imposing "reasonable restrictions" by the legislature has
not been seriously challenged by the newspaper world (and media world) where
matters of state security or the integrity of India are concerned. And where the superior
judiciary is concerned, Justice Mudholkar has remarked, there has been a long
tradition of non-interference with the freedom of the press (and other mass media)
except where newspaper was found guilty of contempt of court. Thus, it is evident that
the freedom conferred by Article 19 (1) (a) in fairly general terms. It does not for
example, even refer specifically to the freedom of the Press (or mass media) as is
envisaged in the corresponding provision in the American Constitution. Judicial
decisions have, however, affirmed that Article 19 (1) is sufficiently wide to include the
freedom of the Press and implicitly, the freedom of other mass media. In addition to
the provisions mentioned above, there are several important laws, which a media
person must know. We shall discuss some of these now.

MAJOR MEDIA LAWS IN INDIA:

Some of the major laws related to mass media in India include the following:
o First Press Regulations,
o Gagging Act,
o Indian Press Act,
o Vernacular Press Act,
o Constitutional Provisions regarding Press Freedom,
o Official Secrets Act,
o Press and Registration of Books Act,
o Sea Customs Act,
o Contempt of Court Act,
o Young Persons (Harmful Publications) Act,
o Parliamentary Proceedings Act,
o Delivery of Books and Newspapers Act,
o Copyright Act,
o Defense of India Act,
o Press Council of India Act,
o Police Act,
o Drugs and Magic Remedies Act,
o Cable Television Regulation Act,
o Right to Information Act.

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.

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 June1858.

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.

INDIAN PRESS ACT, 1910:

Under this Act, owners of presses were required to tender security deposits. These
securitieswere to be forfeited if they printed any objectionable matter. In addition, the
police was 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:
o Approaches, inspects, passes over or is in the vicinity of or enters any prohibited
place,
o 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
o 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.
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.
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.
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.
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.
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.
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.
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, bonafide abridgements and the like.
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 Defense of India Act
deals with the entire gamut of printing and publishing of any newspaper or book and
the imposition of Censorship.
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
armory 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.
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.
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
therewith. 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:
o In the case of a first conviction, with imprisonment may extend up to six months or
with fine or with both.
o 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).
CABLE TELEVISION REGULATION ACT, 1995:
This is one of the most recent Acts. According to this Act:
o No person shall operate a cable television network unless he is registered as a cable
operator under this Act.
o No person shall transmit or re-transmit through a cable service any programme
unless such programme is in conformity with the prescribed programme code.
o Every cable operator using a dish antenna or "Television Receiver only" shall, from
the commencement of this Act, re-transmit at least two Doordarshan Channels of his
choice
through the cable service. Moreover, the Doordarshan 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:
o 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.
o 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.

RIGHT TO INFORMATION ACT:

Noted political analyst James Michael has pointed out in his pioneering book The
Politics of
Secrecy that, "freedom of information" and "right to information" are two
different concepts.
"Freedom" implies the absence of restraint, particularly of legal penalties. Thus,
"freedom of information" means a citizen is free to receive and impart
information without fear of punishment. However, there is no obligation on the
State to provide any information to the citizen. The right to information is
indispensable for free flow of information. But there was a massive wall in the
shape of the Official Secrets Act in India. The official Secrets Act was a
hindrance to the flow of information. Hence, there was an urgent need to
thoroughly examine the Official Secrets Act.Through out the last two decades,
the demand for the enactment of a Right to Information Act gained momentum.
It was felt that right to information, as a fundamental legal right, is necessary to
bring about the much-needed transparency in the system. This sort of right was
also viewed as a necessary measure to remove corruption from
public and administrative life. Barrier to information is known to be the single
largest factor behind corruption as it facilitates arbitrary decisions, clandestine
deals, embezzlements and manipulation of all kinds. If information is made a
right, people will be able to ask inconvenient questions from those whose conduct
is either suspicions or not above board. As we are ushering into the 21st century,
our life styles and values are changing. Therefore, we should continue changing
our approach and attitudes and shake off the old mentalities that has
impediments in our evolution as a modern and democratic society. One school of
thought in the media' world strongly felt that the crusade for right to
information will be the best contribution to the evolution of such a modern
democratic andforward-looking society. But there was another school of thought
still feels that Official Secrets Act has its own importance from the point of view
of maintaining efficiency in the Government. The Press Commission opined that
secrecy in bureaucracy, which arose out of functional necessity, as a means to
achieving organizational efficiency-has become an end in itself from effective
outside control. The Commission's attempt to establish a balance between an
open Government and the need of keeping secret certain affairs of State was
laudable. But it had a negative attitude of showing a slavish weakness for the
British model. The Commission had noted that the question of amending Section
5 of the Official Secrets Act has been considered by various committees and
commissions and the general opinion has been that, since the Act has been
administered in a sensible manner, there being few prosecutions under the law,
no modifications in the Act are warranted. Section 5 of the Official Secrets Act
lays down:
o If any person having in his possession or control any secret official code or pass
word or any sketch, plan, model, article, note, document or information which
relates to anything in such a place or which is likely to assist, directly or indirectly,
an enemy or which relates to a matter the disclosure of which is likely to affect the
sovereignty and integrity of India, the security of the State or friendly relations with
foreign States or which has been made or obtained in contravention of this Act, or
which has been entrusted in confidence to him by any person holding office under
Government or which he has obtained or to which he has had access owning to his
position as a person who holds or has held office under Government, or as a person
who holds or has held a contract made on behalf of Government, or as a person
who is or has been employed under a person who holds or has held such an office
or contract.
o Willfully communicates the code or pass word, sketch, plan, model, article, note,
documentor information to any person other than a person to whom he is
authorized to communicate it, or a Court of Justice of a person to whom it is in the
interests of the State, his duty to communicate it; or
o Uses the information in his possession for the benefit of any foreign power or any
other
manner prejudicial to the safety of the State; or
o Retains the sketch, plan, model, article, note or document in his possession or
control when he has no right to retain it, or when it is contrary to his duty to retain
it or willfully fails to comply with all directions issued by lawful authority with
regard to the return or disposal
thereof; or
o Fails to take reasonable care of or so conducts himself as to endanger the safety
of the
sketch, plan, model, article, note document, secret official code or pass word or
information,
he shall be guilty of an offence under this section.
The Commission recommends that more liberal Act must replace this section.
Where the
commission goes wrong is in suggesting that the provisions of the British
Information Bill should serve as a model for India.As regards access to
information, the Commission has mentioned in a paragraph that Sweden was the
first to legislate on the subject open Government being part of the Constitution.
Denmark, Finland, The USA, Austria and France have laws on the subject.
Austria has formed a Bill and so has Canada. Mr. Justice P. N. Bhagwati has
further held that the concept of an open Government is the emanation from the
right to know which seems to be implicit in the right of free speech and
expression. Thus many a legal battles were fought before the right to information
became a reality in this country.
Finally the Right to Information Act was enacted in October 2005. The Indian
Right to Information Act was introduced to the Indian Parliament in July 2000.
It came into effect on 12 Oct 2005. Under this law the information has become a
fundamental right of the citizen. Under this law all Government Bodies or
Government funded agencies have to designate a Public Information officer
(PIO). The PIO's responsibility is to ensure that information requested is
disclosed to the petitioner within 30 days or within 48 hours in case of
information concerning the life and liberty of a person. The law was inspired by
previous legislations from select states (among them Maharastra, Goa,
Karnataka, Delhi etc) that allowed the right to information (to different degrees)
to citizens about activities of any State Government body. A number of high
profile disclosures revealed corruption in various government schemes such
scams in Public Distribution Systems (ration stores), disaster relief, construction
of highways etc. The law itself has been hailed as a landmark in India's drive
towards more
openness and accountability. However the RTI India has certain weaknesses that
hamper implementation. There have been questions on the lack speedy appeal to
non-compliance to requests. The lack of a central PIO makes it difficult to pin-
point the correct PIO to approach for requests. The PIO being an officer of the
Govt. institution may have a vested interest in disclosing damaging information
on activities of his/her Institution, This therefore creates a conflict of interest. In
the state of Maharastra it was estimated that only 30% of the requests are
actually realized under the Maharastra Right to Information act. The law also
bares disclosure of information that affects national security, defence, and other
matters that are deemed of national interest.
.
 DEFAMATION:

2.1 INTRODUCTION:
Legislation in the shape of Laws and Acts, etc., is a convenient way of controlling the
massmedia. Many countries have tried this method since a long time now. Other
means of suppressing media freedom are oppressive measures like raids, seizures,
arrests, fines, etc.Only few countries like the USA have ensured freedom of media in a
direct manner. Most countries, like in India, have some indirect measure. Almost all
countries have provisions that impose restrictions in a reasonable manner.In India,
much legislation has been enacted in this direction. Most Governments feel that they
have the right to enact such Acts and Laws with a view towards restricting the
freedom of expression in the interest if the State, with regard to friendly relations with
foreign Stats, with regard to public order, with regard to decency or morality, or in
relation to contempt of court, defamation, or incitement to an offence.
In this lesson, we shall discuss some important Laws related to the Press in India.
.
LAW OF LIBEL AND DEFAMATION:

Defamation simply means tarnishing some body's image. It is an injury to a man's

reputation. It means speaking or writing something damaging or diminishing the status
or personality or prestige of a person or an Organization. There are two types of
Defamation:

Libel: It is a written form of defamation.

Slander: It is a spoken form of defamation

Section 499 of the Indian Penal Code defines defamation as:

'Whoever, by words either spoken or intended to be read, or by signs or by visible,
representations makes or publishes any imputation concerning any person
intending to harm, or having reason to believe that such imputation will harm the
reputation of such person, is said except in cases hereinafter excepted to defame
that person’.

There are four explanations and 10 exceptions of section 499. The four explanations
areas follows. It may amount to defamation:
o To impute anything to a deceased person, If the imputation would harm the
reputation
of that person if living, and is intended to be hurtful to the feelings of his family or
other near relatives;
o To make an imputation concerning a company or an association or collection of
persons as such;
o To make an imputation in the form of an alternative or expressed ironically;
o But no imputation is said to harm a person's reputation unless that imputation
directly
or indirectly in the estimation of others lowers the moral or intellectual character of
that person or lowers that character of that person in respect of his caste or his
calling, or lowers the credit of that person or causes it to be believed that the body of
that person is in- a loathsome state or in a state generally considered as disgraceful".

There are ten exceptions in this Act. These are:

o First Exception: It is not defamation to impute anything, which is true concerning
any
person, if it were for the public good that the imputation should be made or published.
Whether or not, it is for the public good is a question of fact.
o Second Exception: It is not defamation to express in good faith any option whatever
respecting the conduct of a public servant in the discharge of his public functions, or
respecting his character, so far as his character appears in that conduct and no
further.
o Third Exception: It is not defamation to express in good faith any opinion whatever
respecting the conduct of any person touching public question, and respecting his
character, so far as his character appears in that conduct, and no further.
o Fourth Exception: It is not defamation to publish a substantially true report of the
proceedings of a court of justice, or the result of any such proceedings.
o Fifth Exception: It is not defamation to express in good faith any opinion. Whatever
respecting the merits of any case, civil or criminal, which has been decided by a
courtof justice or respecting the conduct of any person as party witness or agent, in
any case such of respecting the character of such person as far as his character appears
in that conduct and no further.
o Sixth Exception: It is not defamation to express in good faith any opinion.
Whateverrespecting the merits of any performance, which its author has submitted to
thejudgement of the public, or respecting the character of the author so far as his
character appears in such performance and no further.
o Seventh Exception: It is not defamation if a person having over another any
authority, either conferred by law or arising out of any lawful contact made with that
other to pass in good faith any censure on the conduct of that other in matters to
which such lawful authority relates.
o Eighth Exception: It is not defamation to prefer good faith an accusation against
anyperson to any of those who have lawful authority over that person with respect to
thesubject matter of accusation.
o Ninth Exception: It is not defamation to make an imputation on the character of
another provided that imputation is made in good faith for the protection of the
interest of the person making it or of any other person, or for the public good.
o Tenth Exception: It is not defamation to convey a caution in good faith to one
person against another provided that such caution in be intended for the good of the
person to whom it is conveyed, or of same person in whom that person is interested, or
for the public good.

PUNISHMENT FOR DEFAMATION:

Three sections of the Indian Penal Code deal with the punishment for defamation.
These are: Section 500, Section 501 and Section 502. Section 500 of the Indian Panel
Code lays down, "Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years or with
fine or with both”.Section 501 of the Indian Penal Code lays down, "Whoever prints
(or engraves) any matter, knowing or having good reason to believe that such matter is
defamatory of any I person, shall be punished with simple imprisonment for a term
which may extend to two years or with fine or with both”.

Section 502 of the Indian Penal Code lays down, "Whoever sells or offers for sale
any printed or engraved substance containing defamatory matter, knowing that it
contains such matter, shall be punished with simple imprisonment for a term which
may extend to two years or with fine or with both”.

CONTEMPT OF COURT ACT:

Contempt of Court is also one of the reasonable restrictions under Article 19(2) of the
Indian Constitution. The Contempt of Court Act was enacted for the first time in the
year1952.
But under this Act, there was no definite definition of contempt of court. Later on,
the Contempt of Court Act was again enacted in 1971, which was further amended in
1976.
According to this modified Act, a person is said to be offender of Contempt of
Court under following circumstances:
o Charging the judge with unreasonability and inability.
o Expressing doubts on the prestige, status, rights or fairness of the judiciary.
o Publication of any comment on the matters, which are under the proceedings of the
court and which may mislead the general public and which, lead them to be
prejudiced.
o To cast aspersion or to attempt in influence or the judge, jury, advocates or witness
of any matters which are under the proceeding of the court.
o To interfere in the judicial administration.
o To threat the witnesses.
o To attempt to obstruct in the police inquiry against the order of the judge,
publication of the proceedings of the court or the publications of the picture of the
accused.
o Publication of the report of the proceedings of the court and distorting the facts.
o Wrongful publication of the proceedings of the court and distorting the facts.
2.2.3 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:
o Any person for the purpose prejudicial 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; or
o 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 any other person any secret official code
or pass word, or any sketch, plan, model, article or note or other document or
information which is calculated to be or might be or is intended to be directly or
indirectly useful to an enemy or which relates to a matter the disclosure of which is
likely to affect the sovereignty and integrity of India the security of the state or
friendly
relations with foreign states;
In a prosecution for an offence punishable under section 3(i) of the Act, with
imprisonment for a term which may extend to 14 years.
It is not necessary to show that the accused person was guilty of any particular act
tending to show a purpose prejudicial to the safety or interests of the state, and
notwithstanding that no such act is proved against him, he may be convicted inform
the circumstances of the case or his conduct or his known character as proved, it
appears that his purpose was prejudicial to the safety or interest of the state. However,
there have hot been many cases of prosecution under this Act.

PRESS AND BOOKS REGISTRATION ACT:

The Press and Books Registration Act, 1867 was enacted with a view to evaluating the
present position of books, newspapers and magazines in the country from time to time.
The prominent sections of this Act are follows:
o Every book or paper printed within India shall have printed legibly on it the name of
the printer and the place of the printing and of the publisher and the place of
publication.
o A printer can publish a paper (or anything which is of mass circulation) only after
the permission of District Presidency and Divisional Magistrate.
o On every publication, the dame of the proprietor and the editor must be printed on
each issue.
o Printer and publisher should sign before the District Presidency or Sub Divisional
Magistrate after giving the information of language and periodicity of the paper and
after enclosing the written authority and the declaration of the owner of the paper
o The information of any change in the paper, language, periodicity publisher etc.
Must be given to the general officer and a new declaration must be received.
o After the acceptance of the declaration if any weekly for 6 weeks or any newspaper
for 3 months is-not published then its authority-letter will be treated as cancelled or
invalid or unacceptable.
o Where in any period of three months in daily, tri-weekly, bi-weekly, or fortnightly
newspaper publishes issues the number of which is less than half of what should
have been published in accordance with declaration will cease to have an effect and
will be treated as invalid or unacceptable.
o A declaration will be treated as cancelled if the paper is not published within one
year.
o The magistrate has power to make the declaration invalid or unacceptable by
ordering to thoroughly inquire into the matter on the demand of the Press Registrar or
any other person concerned.
o If the declaration of a paper is cancelled, then the incumbent has the right to go for
an appeal well-within 60 days and not beyond that.
o It is mandatory to send one copy of every published paper to thy Press Registrar and
two copies to the State Government free of cost.
o For not complying with the press laws, the editor and the printer of the paper are
punishable with a fine, which may extend to two thousand rupees or with an
imprisonment, which may extend to six months or with both.
o If the printer or publisher or editor is no more, then the information must reach the
Magistrate or else there may be a fine, which may extend to two hundred only.
o If any person violating the provisions of section 4 of this Act and without having a
declaration possesses a press, then the Magistrate may fine him with Rs. 2000/- or
with imprisonment of 6 months or with both.
o If any person v deliberately makes a false declaration then he may be punished with
a fine of Rs. 2000/- and imprisonment of 6 months if he is proved to be so before the
Magistrate.
o In India, if the Printer of a newspaper under section 11 (B) of this Act, does not send
the copies to the Press Registrar, then on the complaint of the Press Registrar, hemay
be fined rupees fifty for each mistake.
o For sending wrong information to the Press Registrar, a person is punishable with
tine which may extend to Rs. 500/-
o It is mandatory to send the details of the papers every year and on the directives of
the Registrar; it should be punished also.
o The state Government with the permission of the central Government may by
notification in the official gazette, exclude any class of books or papers from the
operation of the whole or any part of this Act.
o This Act extends to the whole of India.

.
 MEDIA LAWS

.
COPY RIGHT ACT:
The Copyright Act was enacted in India in 1857. Prior to the enactment of the Indian
Copyright Act, 1957, British Common Law governed the disputes of Copyright in
India.The British Copyright Act, 1911 was brought into force in India, by a
proclamation in the Gazette of India on the 30th October 1912. Two years later, the
Indian Copyright Act, 1914 was passed by the Indian Legislature incorporating the
British Copyright Act, 1911 in its schedule and modifying and adding to some of its
provisions in their application to India. Finally, after many modifications, the Copy
Right Act was enacted in 1857.

COPY RIGHT- AN INTRODUCTION:

What a man produces by the application of his labour, intellect, or skill is his property.
The creator has right to his properties. The Law of Copyright creates a further
statutory intangible right of property in respect of such product if it is an original
work. It has been possible in this era of scientific progress that an author may have
his/her copies of work, which may be published and circulated without the author's
knowledge or permission. The possibility of its misuse has also increased with
efficient coping in mechanism. Anybody by copying others work can not only earn
money but also serve his own interest. In order to check such practices, the need for
the Copy Right Act was seriously felt. The range of copyright is so broad that it
includes picture, music, drama, literature, art, culture etc. A writer or an artist after
putting in thought, labour, time, intelligence, etc., creates and completes a work. This
creation of that person is given legal protection by the Copy Right Act. This legal
protection is valid in the same manner as a property acquired by dint of physical
labour.

Under Article 14 of the Copyright Act 1957, the work of copyright has been
comprehensively explained. For the purpose of this Act, "Copyright" means the
exclusive right by virtue of and subject to the provisions of this act.
In the case of literary, dramatic, or musical work, to do and authorize the doing of any
of
the following acts; namely,
o To reproduce the work in any material form
o To publish the work
o To perform the work in public.
o To produce, reproduce, perform or publish any translation of the work.
o To make any cinematograph film or a record in respect of the work;
o To communicate the work by radio diffusion or to communicate to the public by
loudspeaker
or any other similar instrument the radio-diffusion of the work.
o To make any adaptation of the work.
o To do in relation to a translation or an adaptation of the work any of the acts'
specified in
relation to the work in the first four clauses.

INFRINGEMENT OF COPYRIGHT:
Under Article 51 of the Copy Right Act, 1957, infringement of copyright has been
discussed.
Copyright in a work is deemed infringed under the following circumstances:
When any person, without a license granted by the owner of the copyright or the
Registrar of Copyrights under this Actor in contravention of the conditions of a
license so
granted or of any condition imposed by a competent authority under this Act does
anything the exclusive right to do which is by this Act conferred upon the owner of the
copyright. Copyright is also infringed when any person:
o Makes for sale or hire or sells or
o Distributes either for the purpose of trade or to such an extent as to affect
prejudicially
the owner of the copyright, or
o By way of trade exhibition in public, or
o Imports (Except for the private and domestic use of the importer) into India, any
infringing copies of the work.

Explanation: For the purpose's of this Section, the reproduction of a literary,

dramatic, musical or artistic work in the form of a cinematograph film shall be deemed
'to be an 'infringing copy’.

NO INFRINGEMENT:
Article 52 of the Copyright Act lays down that the following acts shall not constitute
infringement of copyright, namely:
o A fair dealing with literacy, dramatic, artistic, musical work for the purpose of
research or
private study. Criticism or review whether of that work or of any other work is also
not
infringement of Copyright.
o A fair dealing with a literary, dramatic, musical or artistic work for the purpose of
reporting
current events: in a newspaper, magazine or similar periodical or by radio diffusion or
in a
cinematograph film or by means of photograph.
o The reproduction of literary, dramatic, musical or artistic work for the purpose of a
report of a judicial proceeding.
o The reproduction of publication of a literary, dramatic, musical or artistic work in
any work
prepared by the secretariat of a Legislature or where the Legislature consists of two
houses, by the secretariat of either house of the Legislature, exclusively for the use of
the members of that legislature.
o The reproduction of literary, dramatic or musical works in a certain copy made or
supplied in accordance with any law for the time being in force.
o The reading or recitation in public of any reasonable extract from a published
literary or
dramatic work.
o The publication in a collection mainly composed on copyright matter bonafide,
intended for the use of educational institutions and so described in the title and in any
advertisement
issue a by or on behalf of the publisher, of short passages from published literary or
dramatic works not themselves published for the use of educational institutions
provided that not more than two such passages from works by the same author are
published by the same publisher during any period.

Explanation: In the case of a work of joint authorship references in this clause to

passages
from work shall include references to passages from works by anyone or more of the
authors of those passages or by anyone or more of the authors in collaboration with
any other person, the re-production of a literary, dramatic, musical or artistic work:
o By a teacher or a pupil in the course of instruction as part of the questions to be
answered in an examination, or in answers to such questions.
o The performance in the course of the activities of an educational institution, of a
literary,dramatic or musical a work by the staff and student of the institution or of the
cinematograph film or record if the audience is limited to such staff and students, the
parents and guardians of the students and persons directly connected with the activities
of the institution.
o The reproduction in a newspaper, magazine or other periodical of an article on
current economic, political, social or religious topics unless the author of such article
has expressly reserved to himself the right of such reproduction.
o The publication in newspaper, magazine, or other periodical of a report of a lecture
delivered in public.
o The making of not more than three copies of a book by or under the direction of a
person in charge of a public library for the use of library if such book not available for
sale in India.
o The reproduction for the purposes of research or private study or with a view to
publication of an unpublished literacy dramatic, musical work kept in a library
museum or other institution to which the public has access.
o Provided that where the identity of the author of any such work or, in the case of a
work of joint authorship, of any of the authors is known to the library, museum or
other institution, as the case may be, the provision of the clause shall apply only if
such reproduction is made at a time more than 50 years from the date of the death of
the author or, in the case of a work of joint authorship from the death of the author
whose identity is known or, if the identity of more authors than one is known, from the
death of such of those authors who dies last. The reproduction of publication in the
following manner is not infringement.
o Any matter, which has been published in any official Gazettes except an Act of a
Legislature;
o Any Act of a legislature subject to the condition that such Act is reproduced or
published
together with any commentary there on any other original matter;
o The report of any committee, commission, council, board or other like body
appointed by the
Govt. if such report has been laid on the table of the Legislature, unless the
reproduction or
publication of such report is prohibited by the Govt;
o Any judgement or order or a court, tribunal or other judicial authority unless the
reproduction
or publication of such jugdement or order is prohibited by the court.
The production or publication of a translation in any Indian language of an Act of a
Legislature and of any rules or orders maybe there under: If no translation of such act
or rules or orders in that language has previously been produced or published by the
Govt. or (ii) where a translation of such Act or rules or orders in that language has
been produced or published by the Govt., if the translation is not available for the sale
to the public provided that such translation contains a statement at a prominent place
to the effect that the translation has not been authorized or accepted as authentic by the
Govt. According to the Copyright Act, 1957, the term of copyright was earlier 50
years from the ensuing calendar year. Calendar year begins from January I ends on
December 31.
On 28th December 1991, the than President P. Venkataraman brought about an
Ordinance and changed the term of copyright from 50 years to 60 years.
PUNISHMENT OF CRIME:
Under Article 63 of this act there is mention of punishment of infringement of
copyright. For infringement of copyright there is a punishment of one-year
imprisonment or monitory fine or both.