“One of the objects of a newspaper is to understand the popular feeling and give expression to it, another is to arouse among the people certain desirable sentiments, and the third is the fearlessness to expose popular defects.” – Mahatma Gandhi
Communication is the procedure, which we use to exchange information by various methods and media is the medium or instrument of storing or communicating information. ‘Media’ the popular term inter-alia used as ‘Press’ denotes the print & electronic information carriers –the News Papers & Magazines, Radio, Television and currently includes Internet as new Media. Hailed as the ‘Fourth Estate’, media is the watchdog of the public affairs, informing the society and vice versa, acts as the forum to advocate the views of the society at large to those at the helm of public affairs.
The word medium comes from the Latin word medius (middle). The word communication is derived from the Latin root communicate.
Media law covers an area of law which involves media of all types (TV, film, music, publishing, advertising, internet & new media, etc.), and stretches over various legal fields, including but not limited to corporate, finance, intellectual property, publicity and privacy.
Media law is a legal field that refers to the following:
- Advertising
- Broadcasting
- Censorship
- Confidentiality
- Contempt
- Copyright
- Corporate law
- Defamation
- Entertainment
- Freedom of information
- Internet
- Information technology
- Privacy
- Telecommunications
MEDIA LAWS OF INDIA – AN OVERVIEW
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.
Media being a very powerful influence on the society is regulated and controlled by various legislations enacted from time to time.
Constitutional Provisions
The Indian Constitution does not provide freedom for media separately. But there is an indirect provision 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. 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.
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”.
List of Acts and Rules applicable to the media industry –
1. The Press and Registration of Books Act, 1867
2. Registration of Newspapers (Central) Rules, 1956
3. The Press and Registration Appellate Board (Practice and Procedure) 1961
4. The Press Council Act, 1978
5. The Press Council Rules, 1979
6. The Press Council (Procedure for Nomination of Members) Rules, 1978
7. The Press Council (Procedure for Inquiry) (Amendment) Regulations, 2006
8. The Press Council (Procedure for Conduct of Meetings and Business) Regulations, 1979
9. The Press Council of India (Grant of Certified Copies) Regulations, 1999
10. The Working Journalists and Other Newspaper Employees (Conditions Service) and Miscellaneous Provisions Act, 1955
11. The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957
12. The Working Journalists and other Newspaper Employees Tribunal Rules, 13. The Working Journalists (Fixation of Rates of Wages) Act, 1958
14. The Newspaper (Prices and Pages) Act, 1956
15. The Delivery of Books and Newspapers (Public Libraries) Act, 1954
16. The Right to Information Act, 2005
17. The Right to Information (Regulation of Fee and Cost) Rules, 2005
18. The Central Information Commission (Appeal Procedure) Rules, 2005
19. The Central Information Commission (Management) Regulations, 2007
20. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
21. The Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955
22. The Emblems and Names (Prevention of Improper Use) Act, 1950
23. The Emblems and Names (Prevention of Improper Use) Rules, 1982
24. State Emblem of India (Prohibition of Improper Use) Act, 2005
25. State Emblem of India (Regulation of Use) Rules, 2007
26. The Parliamentary Proceedings (Protection of Publication) Act, 1977
27. The Young Persons (Harmful Publications) Act, 1956
28. The Punjab Special Powers (Press) Act, 1956 (Relevant Provisions)
29. Copyright Act, 1957
30. The Dramatic Performances Act, 1876 (Relevant Provisions)
31. The Cinematograph Act, 1952
32. The Cinematograph (Certification) Rules, 1983
33. The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
34. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
35. The Cine-Workers Welfare Cess Act, 1981
36. The Cine-workers Welfare Cess Rules, 1984
37. The Cine-Workers Welfare Fund Act, 1981
38. The Cine-Workers Welfare Fund Rules, 1984
39. The Prasar Bharati (Broadcasting Corporation of India ) Act, 1990
40. The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
41. The Sports Broadcast Signals (Mandatory Sharing with Prasar Bharati) Rules, 2007
42. The Cable Television Networks (Regulation) Act, 1995
43. The Cable Television Networks Rules, 1994
44. The Radio, Television and Video Cassette Recorder Sets (Exemption from
Licensing Requirements) Rules, 1997
45. The Standards of Quality of Service (Broadcasting and Cable services) (Cable
Television – CAS Areas) Regulation, 2006
46. The Indian Telegraph Act, 1885 (Relevant Provisions)
47. The Telecom Regulatory Authority of India Act, 1997
48. The Telecom Regulatory Authority of India (Miscellaneous) Rules, 1999
49. The Telecom Regulatory Authority of India (Period for Filing of Application to Authority) Rules, 1999
50. The Telecommunication Interconnection (Port Charges) Regulation, 2001
51. The TRAI (Levy of Fees and Other Charges for Tariff Plans) Regulations, 2002
52. The Telecom Disputes Settlement and Appellate Tribunal (Form, Verification and the Fee for Filing an Appeal) Rules, 2003
53. The Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 2001
54. The Telecommunication Interconnection Usage Charges Regulation, 2003
55. The Telecom Regulatory Authority of India (Salaries, Allowances and Other Conditions of Service of Chairperson and Whole-time Members) Rules, 2000
56. The Telecom Regulatory Authority of India (Procedure for Conducting Inquiry Against a Member) Rules, 1999
57. The Telecom Regulatory Authority of India (Annual Report and Returns) Rules, 1999
58. The Telecom Regulatory Authority of India (Form of Annual Statement of Accounts and Records) Rules, 1999
59. The Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2004
60. The Telecom Regulatory Authority of India (Access to Information) Regulations, 2005
61. The Common Charter of Telecom Services, 2005
62. The Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005
63. Quality of Service (Code of Practice for Metering and Billing Accuracy) Regulation, 2006
64. The Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television – CAS Areas) Regulation, 2006
65. The Quality of Service of Broadband Service Regulations, 2006
66. The Telecom Consumers Protection and Redressal of Grievances Regulations, 2007
67. The Telecom Unsolicited Commercial Communications Regulations, 2007
68. The International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations, 2007
69. The Telecommunication Consumers Education and Protection Fund Regulations, 2007
70. The Direct to Home Broadcasting Services (Standards of Quality of Service and Redressal of Grievances) Regulations, 2007
71. Domestic Leased Circuits Regulations, 2007
72. The Register of Interconnect Agreements Regulations, 1999
73. The Indian Post Office Act, 1898 (Relevant Provisions)
74. The Information Technology Act, 2000 (Relevant Provisions)
75. The Information Technology (Certifying Authorities) Rules, 2000
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Author Bio
good morning,
plz send me the legal right against the media if they harm the fame of reputed person , what can be claim and right against the same . i will be very thankful for the same