MEDIA LAWS, REGULATIONS AND ETHICS

8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS

1/75

MEDIA LAWS, REGULATIONS

AND ETHICS

UNIT-1


2/75

Syllabus Introduction

Unit -1: Media & Freedom:

Concept of media freedom

Theories of media liberty and democracy

Rights and Obligation of the media

Fundamental rights.


3/75

UnitII: Right to information

Evolution of Articles of 19;

Universal declaration of human rights;

History and development of the concept of information

Right to information Act 2005, and its implications; Rights to reply ,

Right to knowledge;

Case studies: Rajasthan experience; role of the media.


4/75

UnitIII: Important Laws

Defamation,

Contempt of court and legislature.

Official Secrets Act, Intellectual property rights vis-a-vis copyright

and piracy;

Wages and working conditions of journalists;

Measures to curb piracy; Tamilnadu model.


5/75

UnitIV : Ethics

Sting operation and its impact;

Right to privacy ;

Obscenity;

concept of self-regulation;

Revealing sources;

code of ethics;

Codes of professional organizations; media watch groups;

A Critical study of functions and performance of

the Press Council of India.


6/75

UnitV: Cyber Laws

Laws regulating FDI in media ;

Cyber laws in India ;

Cyber security concerns-preventivemeasures, penalties, adjudication and

offences,

IT Act; network service providers

protection ; criminal procedure; IPC.


7/75

Prescribed Text books

DURGADAS BASU Laws of the Press in India

Blumer J.G.1992. Television and the Public InterestKaushal N. Press and Democracy


8/75


9/75

Concept of Freedom of Press


10/75


11/75

Concept of Freedom of Press

The freedom of expression is part of the fundamental rights guaranteed to

a citizen of India, under part -III of the constitution.

The Indian Constitution, while not mentioning the word "press", provides

for "the right to freedom of speech and expression"(Article 19(1) a).

However this right is subject to restrictions under sub clause (2), whereby

this freedom can be restricted for reasons of "sovereignty and integrity

of India, the security of the State, friendly relations with foreign States,

public order, preserving decency, preserving morality, in relation to

contempt of court.

The Press in India has a dual nature. It is an extension of the individual's

right to expression of thoughts. It is also seen as a businesses enterprise

and is therefore regulated by laws of commerce, taxation, employment etc.


12/75


13/75

Concept of Freedom of Press Media freedom, although generally regarded as a constituent (integral)of

democracy, does not have the same meaning everywhere in the world.

Differences in the understanding of media freedom exist, even among the West

European democracies or between Western Europe and the United States.

The principle of freedom of the press (or Media Freedom) as a constraint on

government actions against the press can differ from the amount of freedom thepress actually exercises at a given time.

On the one hand, various social, political, and economic forces may serve to

make the press freer, in fact, than it is in law.

Conversely, those same forces may substantially curtail the exercise of a legal

freedom. It could be seen that the government control on the media freedom is

always subject to political, legal, or constitutional constraints.


14/75

History of Media Freedom

Media Freedom, which has been limited not only by governments but at times

by churches, It is absolute in no country.

From the earliest times, in the West, persecution for the expression of opinion

even in matters relating to science or philosophy was resorted to by both the

Church and the State, to suppress alleged heresy, corruption of the youth or

sedition.

In the late 15th century, after the invention of printing press, licensing and

censorship rules came as restraints.

In the 17th century the appearance of newspapers demonstrated howpowerful the Press was as a medium of expression.

Newspapers came to take up the cause of Opposition against monarchical

absolutism, there followed different methods of suppression.


15/75


The origin of the concept of freedom of the press took

place in England.

In England, the appearance of unauthorised publications resulted

in a royal proclamation (1534) requiring prepublication licensing.

Stronger restrictive measures were taken by the later Tudor and

Stuart monarchs, and censorship came to be applied more to

political criticism than religious heresy.

John Milton, in his Areopagitica (1644), attacked the licensing law

and called on Parliament to suppress offensive publications after

their appearance if necessary.


16/75


Miltonsobjections to prior restraint eventually became a cornerstone of press freedom,

but it was not until 1695 that the licensing and censorship laws were abolished.

Severe restrictions on the press continued, however, in the form of seditious, libel laws

under which the government was able to arrest and punish any printer who published

material in any way critical of the government.

However, there was no clear definition of what constituted a seditious libel.

Since the 18th century the press in Britain has been relatively free from state interference.

During that time the printing of parliamentary debates had to be disguised as debates

between classical figures. At this time, both true and false criticism of the governmentwas considered a libel. In fact, the legal doctrine proclaimed that thegreater the truth

the greater the libel.Only in the mid-19th century truth was admissible as a defence in

English libel cases.


17/75


The struggle for freedom of the Press had its greatest triumph when it came to be guaranteed

by a written Constitution, as a fundamental right.Countries with written constitutionsfrequently contain special protection for press freedom.

In the United States the First Amendment gives constitutional status to press freedom.

This means that writers, journalists, and publishers can criticize government and are

free from censorship.

Before that the 1776 Virginia Bill of Rights stated, Freedom of the press is one of the great

bulwarks of liberty, and can never be restrained by despotic (authoritarian) governments.

The Canadian Charter of Rights and Freedoms also gives constitutional protection to the press.

The United States, Canada, Australia, and New Zealand also have specific legislation that protectsfreedom of information to ensure openness and facilitate press coverage of important issues and events.

The European Convention on Human Rights, under Article 10, protects the freedom to receive and

impart information and ideas without interference by public authority.

As a signatory to this treaty, most of the countries are likely to become increasinglyinfluenced by constitutional protections for freedom of the press.


18/75

In India-Concept of Freedom of Press

In India, prior to independence, there were no fundamental

rights and therefore there was no guarantee of the freedom ofexpression or of the Press.

In the first sixty years of independence, media control by the state

was the major constraint on press freedom in India.

The Constitution of India, while not mentioning the word press,

provides for the right to freedom of speech and expression

under Article 19(1)(a).


19/75

In India-Concept of Freedom of Press

The Supreme Court of India lost no time in declaring that the freedom of the Press

was included in that guarantee as early as 1950.

However, this right is subject to Reasonable Restrictions under Article19(2),

whereby this freedom can be restricted for reasons of sovereigntyand integrity of

India, the security of the State, friendly relations with foreign States, public order,

preserving decency, preserving morality, in relation to contempt of court,

defamation, or incitement to an offence.

The Reasonableness of Restrictions, however, are not defined in the Constitution.

Laws such as the Official Secrets Act and Prevention of Terrorism Act (POTA) have

also been used to limit press freedom.

Under POTA, a person could be detained for up to six months for being in contact

with a terrorist or terrorist group. POTA was repealed in 2006, but the Official

Secrets Act, 1923 continues.


20/75

The country with the Highest degree of press freedom was

Finland

Iceland

Netherlands Norway

Sweden

PRESS FREEDOM INDEX


21/75

The country with the Lowest degree of press freedom was

Eritrea

North Korea

Turkmenistan Iran

Myanmar (Burma)

Find out INDIAs Position ???

PRESS FREEDOM INDEX


22/75

Pressas

A Fourth Estate


23/75

Six estates of Society


24/75

What is the role of the free press in strengthening

democracy, good governance, and human development?

The guarantee of freedom of expression and information is recognized as a basic

human right in the Universal Declaration of Human Rights adopted by the UN in

1948, the European Convention on Human Rights, the American Convention on

Human Rights, and the African Charter on Human and Peoples' Rights.

In particular, Article 19 of the 1948 Universal Declaration of Human Rights states:

"Everyone has the right to freedom of opinion and expression;

this right includes freedom to hold opinions without interference and to seek,

receive and impart information and ideas through any media and regardless of

frontiers.


25/75

The core claim is that, in the first stage,

The initial transition from autocracy opens up the

state control of the media to private ownership, Diffuses access, and

Reduces official censorship and

Government control of information.

The public thereby receives greater exposure to a

wider variety of cultural products and ideas through

access to multiple radio and TV channels, as well asthe diffusion of new technologies such as the

Internet and mobile telephones.

S d St


26/75

Second Stage Once media liberalization has commenced, in the second stage

democratic consolidation is strengthened,

where journalists is independent,

Newspapers, radio and television stations facilitate greater

transparency and accountability in governance, by serving in

their watch-dog roles to deter corruption and malfeasance,

as well as providing a civic forum for multiple voices in public

debate, and highlighting problems to inform the policy agenda.

a free press is valuable for democracy, for good governance,

and for human development.


27/75

Examples:

All new programs for development

New policies for development

Rescue programs during famine and national tragedy

Many more


28/75

The roles of the news media as

watch-dog,

civic forum,

and agenda-setter


29/75

Lerner, Lipset, Pye, Cutright and others, suggested the

diffusion of mass communications -

In the late 1950s and early 1960s, early modernization theories assumed a

fairly simple and unproblematic relationship between the spread of access

to modern forms of mass communications, economic development, and the

process of democratization.

Accounts offered by represented one sequential step in the development

process. In this view, urbanization and the spread of literacylead to growing

access to modern technologies such as telephones, newspapers, radios and

television, all of which laid the basis for an informed citizenry able to

participate effectively in political affairs.

D i l L th i d


30/75

Daniel Lerner theorized

capacity to read,at first acquired

by relatively few

people

equips them toperform the

varied tasks

required in the

modernizing

society

the elaborate

technology of

industrial

development is

fairly well advanced

does a society begin

to produce

newspapers, radio

networks, and

motion pictures on a

massive scale

This, in turn,

accelerates the

spread ofliteracy.


31/75

The role of journalists as watchdogs of the powerful

In their watchdogrole, the channels of the news media can function to

promote government transparency,

accountability, and

public scrutiny of decision-makers in power,

by highlighting policy failures,

maladministration by public officials,

corruption in the judiciary, and scandals in the corporate sector.

Since Edmund Burke, the fourth estate has traditionally been

regarded as one of the classic checks and balances in the division of

powers.

Investigative journalism can open the governments record to external

scrutiny and critical evaluation, and hold authorities accountable for

their actions, whether public sector institutions, non-profitorganizations, or private companies.


32/75

Example:

Taiwan free from corruption, Brunetti and Weder, amongst others, found that there was less

corruption in nations with a free press.

Media freedom organizations demonstrate that each year dozensof media professionals are killed or injured in the course of theirwork.

In Colombia, Sierra Leone, Liberia, Zimbabwe and Egypt, forexample, many journalists, broadcasters and editors have

experienced intimidation or harassment,

while journalists in many parts of the world face the daily threat ofpersonal danger from wars or imprisonment by the securityservices.


33/75

The role of the news media as civic forum

Equally vital, in their civic forum role, the free press can strengthen the public

sphere,by mediating between citizens and the state, facilitating debate about

the major issues of the day, and informing the public about party leadership,political issues, and government actions.

Ex: Election Campaign as balanced and open access to the airwaves by

opposition parties, candidates and groups is critical for competitive and fair

multiparty contests.

Contemporary observers caution that the quality of democracy still remains

limited where state ownership of television has been replaced by private

oligopolies and crony capitalism,

for example in nations such as Russia, Brazil and Peru which have failed to create fully-independent

and pluralistic media systems. Broadcasting cartels, coupled with the failure of regulatory reform,

legal policies which restrict critical reporting, and uneven journalistic standards, can all limit the

role of the media in its civic forum or watch-dog roles.


34/75

the news media also functions as an agenda-setter

providing information about urgent social problems and thereby channeling

citizens concerns to decision-makers in government. Particularly in cases of

natural disaster, public officials often suffer from a breakdown in the usualchannels of communication.

Poor internal communications among official agencies can hinder the delivery

of effective emergency relief, so that timely and accurate information about

the scope and nature of any disaster is vital as the first step in any effectiveofficial response.

Similar observations can be made concerning reporting about social issues

such as the extent of any food shortages, the spread of diseases such as HIV-

AIDS, or problems of crime and violence.

In these situations, independent journalists can act as a vital conduit for

decision-makers, helping to make governments more responsive to the needs

of the people.


35/75

Theories of Media


36/75

Classroom Activity

Share your perspective :

How you wish Media should be

U d G tifi ti f M di


37/75

Uses and Gratifications of Media

Mass Media may be a marvelous time-fillers, like listening to

the radio while cooking or while driving, or reading during along train journey.

Some use the media to fulfill psychological and social needs.

Some enjoy the violence, gossip and page3.

Some use media to get topics for conversation at work

To solve their problems.

Others seek information, merely to be well informed.

To learn higher-status people dress and live.

Advertisements


38/75

What you like to produce from Media.

What you like to Consume from Media.

Classroom Activity


39/75

Introduction

The term media theory refers to a model that explains the relationship

between media and social reality.

Media as an enterprise holds a unique status from one way it is like an

industry which gives its products and service and earn money but from

another way media is supposed to talk about society, people, attitude,interaction, guidance and the most crucial and sensitive, criticism.

The criticism media does-on individuals, business sector and the

governments, pinches many in many ways. If media does not perform this

function, it is rendered redundant.

How media is seen, controlled and dealt with, will be outlined in the following

paragraphs through


40/75

Introduction

Western theories of the mass media were first propounded by

Fred Siebert, Theodare Peterson and Wilber Schramm in their

book Four theories of Press.

The study of four distinct theories which generally

command on media behaviour and its outlook in

different societies.


41/75

Theories of media liberty and democracy

Authoritarian Theory

Libertarian Theory

Soviet Theory

Social Responsibility Theory


42/75

Authoritarian Theory

Long before the democratic societies could think of matters

pertaining to freedom of speech, there existed a thought

that the emergence of media should not challenge the writ

of the government which were more in dictatorial form andless they looked like democracies.

This approach is designed to protect the established socialorder, setting clear limits to media freedom and ensure

that it is not the media which must talk about people and

their problems in any manner.

h di f d i d l


43/75

The Media was forced to remain under state control. It

had following features which, in non democratic

governments still rule on media.

Direct governmental control of the media.

Typical to pre-democratic societies, where the government consists of a very limited

and small ruling-class.

No printing that could undermine the established authority

No offense to existing political set up

The government may punish anyone who questions the state's ideology.

Media professionals are not allowed to have any independence within the media

organization.

Registration of the media by the state.


44/75

Libertarian Theory/Free Press Theory

This is just in contrast to the authoritarian approach to media.

Here media enjoys an absolute freedom of expression.

Such an extensive freedom is also a problem as all people

have the right to speak and receive information freely, but

noone takes responsibility of the wrong doings.

The ethics in multicultural or pluralistic societies vary from

place to place; hence there is always complaint against the

media of each others society.

It i t f t lik thi


45/75

Its prominent features go like this:

Competitive exposureof alternative view points.

Attacks on the government's policies are accepted and even encouraged: the media as a

watchdog

Journalists and media professionals ought to have full autonomy within the media

organization.

There is no explicit connection between the government and the media.

The press is free from censorship

It is accountableto the law for any consequences of its activities that infringe other

individuals rights or the legitimate claims of the society.

The protection of dignity, reputation, property, privacy, moral development of individuals,

groups, minorities, evens the security of the state no infringement accepted from media.


46/75

Cont

As printing press was handy and comparatively low price, during

17thcentury made it possible to print and circulate several

copies.

The first amendment in American constitution is an embodiment

of this theory. : Truth can be arrived at only through the free

expression of diverse point of view.


47/75

Soviet Theory


48/75

Soviet TheoryWith the revolution in Russia in 1917, and practice of Marxism, there appeared a

very different approach to deal with media.

The media was tied to overall communist ideas and defined in a very different way.

The theory to control media possessed following features:

Closely tied to the communist ideology.

The media is collective agitator, propagandist and educator in the building of communism.

No private ownership of the media.

The media is supposed to be serious.

The soviet theory does not favor free expression, but proposes a positive role for the

media, the society and the world.



49/75


This theory keeps certain areas free for the Press but at the same time puts lot ofresponsibility on media.

As discussed in the beginning that the media is not just seen as an enterprise like othersin the business sector of any society, but due to its unique nature, society expects aparticular role which media must play in getting rid of social evils, educating people,criticizing government policies and exposing other wrong doings in a society.

The sense of responsibility has been emphasized more in this theory as compared toany other.

Media has certain obligations to society:

It must show truth, accuracy, objectivity, and balance

The media should be free but self-regulated (codes of conduct, and ethics)

The media is pluralistic: diversity of society, various points of view, forum for ideas

The media ownership is a public trust. The journalist is accountable to his audience /

readers.


50/75


51/75

Cont

In politically and economically advanced societies the change is basedon new information and telecommunications technologies, whichaffected the media industries in terms of economic restructuring, andon a new social and political environment, as reflected by mediacontents.

A basic question is: Who gave media the right to do the things theydo? Like to investigate wrong doings by public officials, to delve intothe private lives of public figures and to report on the shortcomingsof government and institutions are all forms of the criticism mediaface all over the world.

Purpose of talking on this topic is to make people linked with massmedia to understand the relationship between media and societyand how the media is understood by the scholars in the society.


52/75


53/75


54/75

DEFINITION

Fundamental Rights are essential human rightsthat are offered to every citizen irrespective of

caste, race, creed, place of birth, religion or

gender. These are equal to freedoms and theserights are essential forpersonal good and the

societyat large.


55/75

SIX FUNDAMENTAL RIGHTS

The Right to EQUALITY

The Right to FREEDOM

The Right to Freedom fromEXPLOITATIONThe Right to FREEDOM OF RELIGION

CulturalandEDUCATIONALRights

The Right to CONSTITUTIONALREMEDIES


56/75

Right to equality


57/75

Right to equality

(i) Equality before Law :- Article 14 of the constitution guarantees

that all citizens shall be equally protected by the laws of the country

(ii) Social equality and equal access to public areas:- Article 15 of

the constitution states that no person shall be discriminated on the

basis of caste, colour, language etc. Every person shall have equal

access to public places like public parks, museums, wells, bathing

ghats and temples etc. However, the State may make any special

provision for women and children.

Right to equality


58/75

Right to equality

(iii) Equality in matters of public employment:- Article 16 of the

constitution lays down that the State cannot discriminate against

anyone in the matters of employment. All citizens can apply for

government jobs.

(iv) Abolition of untouchability :- Article 17 of the constitution

abolishes the practice of untouchability. Practice of untouchability is

an offense and anyone doing so is punishable by law.

(v) Abolition of Titles:- Article 18 of the constitution prohibits the

State from conferring any titles. Citizens of India cannot accept

titles from a foreign State.


59/75

Right to freedom


60/75

(i) Freedom of Speech and expression, which enable an individual

to participate in public activities. The phrase, "freedom of press"has not been used in Article 19, but freedom of expression includes

freedom of press.

(ii) Freedom to assemble peacefully without arms, on which the

State can impose reasonable restrictions in the interest of public

order and the sovereignty and integrity of India.

(iii) Freedom to form associations or unionson which the State can

impose reasonable restrictions on this freedom in the interest ofpublic order, morality and the sovereignty and integrity of India.


61/75

(iv) Freedom to move freely throughout the territory of Indiathough

reasonable restrictions can be imposed on this right in the interest ofthe general public, for example, restrictions may be imposed on

movement and travelling, so as to control epidemics.

(v) Freedom to reside and settle in any part of the territory of India

which is also subject to reasonable restrictions by the State in the

interest of the general public or for the protection of the schedule

tribes because certain safeguards as are envisaged here seem to be

justified to protect indigenous and tribal peoples from exploitation and

coercion.


62/75

Right to freedom

(vi) Freedom to practice any profession or to carry on any

occupation, trade or business on which the State may impose

reasonable restrictions in the interest of the general public. Thus,

there is no right to carry on a business which is dangerous or

immoral.


63/75

Right against exploitation


64/75

Right against exploitation

The abolition of trafficking in human beings and Beggar(forced

labour)

Abolition of employment of children below the age of 14 years in

dangerous jobs like factories and mines.

Trafficking in humans for the purpose of slave trade or prostitution

is also prohibited by law.


65/75

Right to freedom of religion


66/75

Right to freedom of religion

According to the Constitution, all religions are equal before the State and noreligion shall be given preference over the other. Citizens are free to preach,

practice and propagate any religion of their choice.

i. Religious communities can set up charitable institutions of their own.

ii. Activities in such institutions which are not religious are performed

according to the laws laid down by the government

iii. No person shall be compelled to pay taxes for the promotion of a

particular religion.

iv. A State run institution cannot impart education that is pro-religion


67/75

Cultural & educational

Rights


68/75

Cultural & educational

RightsARTICLES 29 & 30

Any community which has a language and a script of its

own has the right to conserve and develop it.All minorities, religious or linguistic, can set up their

own educational institutions to preserve and develop

their own culture.


69/75

Right to constitutional

remedies


70/75

Right to constitutional

remediesRight to constitutional remedies empowers the

citizens to move a courtof law in case of any denial

of the fundamental rights.This procedure of asking the courts to preserve or

safeguard the citizens' fundamental rights can be

done in various ways. The courts can issue variouskinds of writs.
http://en.wikipedia.org/wiki/Courthttp://en.wikipedia.org/wiki/Writshttp://en.wikipedia.org/wiki/Writshttp://en.wikipedia.org/wiki/Court


71/75

Activity

Find out the meaning of These writs :

habeas corpus,

mandamus,

prohibition,

quo warrantoand certiorari.
http://en.wikipedia.org/wiki/Habeas_corpushttp://en.wikipedia.org/wiki/Mandamushttp://en.wikipedia.org/wiki/Prohibitionhttp://en.wikipedia.org/wiki/Quo_warrantohttp://en.wikipedia.org/wiki/Certiorarihttp://en.wikipedia.org/wiki/Certiorarihttp://en.wikipedia.org/wiki/Quo_warrantohttp://en.wikipedia.org/wiki/Quo_warrantohttp://en.wikipedia.org/wiki/Prohibitionhttp://en.wikipedia.org/wiki/Mandamushttp://en.wikipedia.org/wiki/Habeas_corpushttp://en.wikipedia.org/wiki/Habeas_corpus


72/75

The Supreme Courtshall have the power to issue directions or order

or writsincluding the writs in the nature of habeas corpus,

mandamus, prohibition, Quo warranto and criterion,whichever may

be appropriate for the enforcement of any of the rights conferred by

fundamental rights.

Besides the Supreme Court, the High Courtsalso have been given arole in the protection of fundamental rights. Under Art. 226of the

constitution, High Courts also can issue writs for the enforcement of

fundamental rights.

The High Courts on the other can issue writsagainst infringement of

fundamental rights,as well as against contravention of ordinary law

of redress grievances arising therefrom.

I f t i f f d t l i ht th S


73/75

In case of transgression of fundamental rights the Supreme

Court or the High Courts may issue five kinds of writs.

Habeas CorpusHabeas Corpusliterally meansthat human person is sacred.Hence no man maybe detained illegally. Whenever a man is detained, he must be produced before a court. This writ is

a powerful safeguard against arbitrary (Illegal)arrest and detention.

Mandamusmeaning command, mandamus calls upon public servants to perform some duties.

Thus mandamus is issued against dereliction (Neglect)of duty.

Prohibitionas the very term prohibition suggests, this writ is issued by the Supreme Court or the

High Courts, to prohibit inferior courtsunder them to overstep their jurisdiction.

Criterionit enables a superior courtof compels inferior courtsto submit records of proceedings

to the higher court.

Quo warrantoliterally means by what right. This writ is issued to determine the legality of a

persons claim to public office. The purpose of this writ is to prevent usurpation (taking someone's

power or property by force)of a public office by an undesirable or, unqualified person.


74/75

Limitations

Firstly, Article 33 empower the Parliament to modify application offundamental rights to armed forces and the Police to ensure proper

discharge of their duties.

Secondly, under Article 34, during the operation of Martial law in any area,

the Parliament may indemnify any person in the service of the central or a

state government for acts for the maintenance or restoration of law and

order.

Thirdly, during emergency proclaimed under Art 352 of the constitution, the

fundamental rights guaranteed to the citizens, will remain suspended. Article

358 authorize the Parliament to restrict fundamental rights guaranteed by

Art 19 during the pendency of an emergency under Article 352.

Summary


75/75

MEDIA LAWS, REGULATIONS AND ETHICS

Documents

Transcript of MEDIA LAWS, REGULATIONS AND ETHICS