Media Laws are not a set of laws that are applied only in the field of media. These laws are nothing but the ordinary legislations of our country, India but their application in the profession of journalism gives them the unique identity as ‘Media Laws’. This book provides an insight to the important legal and ethical aspects that a journalist, media professional or a student of journalism is ought to know. It tries to provide its readers with a lucid explanation of our complicated laws and further grasps their attention with relevant examples and arguments. The book not only comprehensively deals with the salient features of each legal or ethical aspect but also compares it with other supplementary, complimentary or contradictory laws, including Sting Operation, thereby questioning its validity and importance in the present context.
Dr. Juhi P. Pathak (b. 1989), a graduate from SIES, University of Mumbai, Mumbai and Post-graduate from Institute for Media Management and Communication Studies, New Delhi, has received various awards and certificates of merit from various educational institutions for her academic excellence. She has presented research papers in various national conferences; and her articles have been published in national and international journals and books. Presently, she is teaching 'Media Laws and Ethics' and 'Journalism' in the M.A. in Mass Communication programme in the Department of Communication and Journalism and also in the Institute of Distance and Open Learning, Gauhati University.
Preface
Acknowledgements
Unit 1: Constitutional Provisions,Press Freedom and Law
History of Press Laws in the Pre and Post-Independence India
Pre-Independence Period; Post-Independence Period; Media Laws of the UK and USA; Conclusion
Fundamental Rights and Duties
Necessity of Fundamental Rights; Characteristics of Fundamental Rights; Classification; Limitations of the Fundamental Rights; Importance of Fundamental Rights; Amendment of the Fundamental Rights
Freedom of Speech and Expression and the Freedom of Press
Development of Meaning of the Freedom of the Press; Need for Freedom of the Press; Freedom of Press in India; Judgements that Reinforced the Freedom of Press; Contents of the Freedom of the Press; The Freedom of Press vs Defamation; The Freedom of Press vs Right to Privacy; The Freedom of Press vs Right to Fair Trial; Extra Legal Restraint
Directive Principles of State Policy
Meaning and Objectives of the Directive Principles of the State Policy; Differences between Fundamental Rights and Directive Principles; The Directive Principles of State Policy; Constitutional Significance of the Directive Principles of State Policy; Criticism
Emergency Provisions and their Effect on Press Freedom
National Emergency; Emergency due to Breakdown of the Constitutional Machinery in a State; Financial Emergency; Emergency Provisions and its Effect on Freedom of the Press; Conclusion
Amendment of the Constitution
Amending Process of the Indian Constitution
Public Interest Litigation
Contempt of Court
Pre-Independence Law; The Promise of the Constitution; Constitutionality of the Act; Principles Common in Article 129 and Article 215; Media and the Contempt of Court; Case Studies; ‘Truth’ as Defence; Debate on Contentious Issue of Contempt of Court; Conclusion
Official Secrets Act, 1923
Preamble of the Act; Salient Features of the Act; Case Studies; Court Redefines ‘Official Secret’, Relief to Scribe; Official Secrets Act vs Right to Information; Conclusion
Right to Information (RTI)
Introduction; History of RTI in India; Salient Features of the Act; Conclusion
Right to Privacy
Media and the Right to Privacy; Case Studies; The Right to Privacy and Norms of Journalistic Conduct; The Right to Privacy and Freedom of Speech and Expression; Conclusion
Unit 2: Media Laws
Civil and Criminal Law of Defamation
Introduction; The Criminal Law of Defamation
Indian Penal Code, 1860
(Sections 124A, 153A, 153B, 292, 293)
History of the Indian Penal Code; Constitutionality of Section 124A; Case Studies; Criticism of the Indian Penal Code
Criminal Procedure Code, 1973
(Sections 93, 95, 96, 108, 144,196, 327)
History of the Criminal Procedure Code 1973; Case Studies; From Liquor Shops to BPOs; Riotous Situations
Intellectual Property Rights
Intellectual Property; Significance of Intellectual Property Rights; Indian Laws on Intellectual Property Rights; Ethics of IPR
Copyright Act, 1957
Scope; Salient Features of the Act; Conclusion
Unit 3: Electronic Media Laws
Prasar Bharati Act, 1990
Historical Background; The Prasar Bharati Act, 1990; Salient Features of the Act; Aftermath of the Act
Cable TV Network Regulation Act, 1995
Statement of Objects and Reasons; Salient Features of the Act; Present Scenario
The Cinematography Act, 1952
Historical Background; Salient Features of the Act; Conclusion
Information Technology Act, 2000
Salient Features of the IT Act, 2000; Penalties and Adjudication; Conclusion
Convergence Laws
Main Objectives; Demerits
Unit 4: Media Councils and Commissions
Press Commissions
First Press Commission; The Second Press Commission; Recommendations
The Press Council/Media Council
The Press Council of India; Press Council of 1979
Working Journalists and Other Newspaper Employees(Conditions of Service) and Miscellaneous Provisions Act,1955
Introduction; Salient Features of the Act; IJU’S Demands to Amend the Working Journalist Act
Unit 5: Media Codes and Ethics
Advertising Standards Council of India (ASCI)
The Code for Self-Regulation in Advertising Purpose; Declaration of Fundamental Principles; Responsibility for the Observance of this Code; The Code and the Law; Definitions; Standards of Conduct; Conclusion
Parliamentary PrivilegesArticle 105, 193, 194 and 361A of Constitution
Guidelines for Parliamentary Coverage(Geeta Mukherjee Committee’s Report)
Coverage of Parliament in All India Radio and Doordarshan Broadcast; Guidelines for Coverage of Parliamentary Proceedings by Air and Doordarshan; Sansad Samachar and Today in Parliament; Norms for Coverage of Today in Parliament and Sansad Samachar; Coverage of Parliamentary Proceedings over Doordarshan
Air Code for Election Coverage
Guidelines for Covereage of Elections by Akashvani and Doordarshan; Coverage of News and General Information
Doordarshan Commercial Code
Code for Commercial Advertising on Doordarshan; Introduction; The Code; Procedure for the Enforcement of the Code; Conclusion
Press Council of India’s Norms of Journalistic Conduct
Norms of Journalistic Conduct (Edition 2005); Principles and Ethics
Unit 6: Sting Operation and Ethics
Sting Operation
Introduction; Laws Governing Sting Operation; Admissibility of the Tapes of Sting Operation admissible as Evidence in a Court of Law; Laws in Other Countries regarding Sting Operations; Undercover Journalism; To sting or not to sting?; The Significance of Sting Operations; The Hazards of Sting Operations; Journalist’s Views on the Ethics of Sting Operations; Court Judgments on Sting Operations; Judiciary Validates Sting Operations; Disadvantages of the Validity of Sting Operations
Code of Ethics on Sting Operations
Press Council of India – Norms of Journalistic Conduct; News Broadcasters Association; Sting Operations and Ethics—Some Opinions; Conclusion
Bibliography
Index