UNIT-II
INTRODUCTION TO MEDIA LAWS
1. Media Law Introduction: Meaning, definition, need and importance
2. Freedom of speech and Expression – Article 19 1(A)
3. Reasonable Restrictions on press as Fourth estate
4. Various land mark judgements by supreme court and various High courts
5. History of Media Laws in India: Press and Registration Act 1878, Newspaper Act of
1908; Indian Press( emergency power) Act, 1931; Emergency period
Media Laws
Introduction:
The Media Entertainment (M&E) industry in India can be broadly classified into print,
cinematograph films, broadcasting, and digital media. Each of these categories is regulated
by the Ministry of Information and Broadcasting (MIB), assisted and supported in its
activities by subordinate organisations, autonomous organisations, statutory bodies, and
public sector undertakings. Given that digital media involves information technology
platforms, digital media is also partially regulated by the Ministry of Electronics and
Information Technology (MEITY). Further, the Telecom Regulatory Authority of India
(TRAI) has a dedicated broadcasting and cable services division, which is responsible for
laying down the overall regulatory framework for the broadcasting and cable TV sector in
relation to the interconnection, quality of service, and tariff aspects.
Importance of Media laws
Importance of media regulatory framework
Introduction
Media in general refers to “medium” which in turn means communication, the mode of
expression. Media not only plays an important role in democracy but also entertains the
public by the way of films, music, dance, drama etc. Media is broadly classified into three
categories:
1. Print media which includes newspaper, books, press releases, booklets, magazines etc.
2. Electronic media includes films, radio and television.
3. New age media which can be accessed through the internet or by other means plays a
major role for the films, web series or music to be released on Over the Top (OTT)
platforms.
After independence, with the advent of the technology and to ensure that there is no misuse
of media activities the need for regulating the media was felt, especially radio, television,
,press as well as newer means of distribution like cable, films, satellite etc. In India the
government has not only established specific laws to regulate the media activities but also to
protect freedom.
With the objective to regulate the media industry the concerned authorities enacted various
legislation from time to time like the Press Council of India, Ministry of Information and
Broadcasting, Central Board of Film Certification, Telecom Regulatory Authority of India
etc.
Media Laws
During British period as well as post independence of India there have been various laws or
legislation passed by the authorities in order to regulate the media activities and to protect the
freedom of media. To name some of the important media laws:
1. First Press Regulation, 1799
2. Gagging Act, 1857
3. Indian Press Act, 1910
4. Vernacular Press Act, 1878
5. Constitutional Provisions regarding Press Freedom
6. Official Secrets Act, 1923
7. Press and Registration of Books Act, 1867
8. Contempt of Court Act
9. Cinematography Act, 1952
10. Young Persons (Harmful Publications) Act, 1956
11. Parliamentary Proceedings Act, 1956
12. Delivery of Books and Newspapers Act, 1954
13. Copyright Act, 1957
14. Press Council of India Act, 1965
15. Prasar Bharati Act, 1990
16. Cable Television Regulation Act, 1995
17. Telecom Regulatory Authority of India, 1997
18. Sports Broadcasting Signal (mandatory sharing with prasar bharati) Act, 2007
Importance of Media Regulation
, Media regulation would include regulation of conduct, structure or content of media.
Regulation would prohibit libel and defamation, would set up provision regarding national
security, obscenity, blasphemy, sedition promoted via the media, regarding the contents of
films. Media regulation would also help in protecting privacy laws, laws concerning
intellectual property rights, and prohibitions against incitement to violence or racial hatred,
pornography etc. Need for regulating the press is also important in terms of moderating or
supervising the credibility of the information that is published. News that has been displayed
on television or published in a newspaper should be factual and based on actual happening; it
should be a justified interpretation of the event and not “point of view” of what has happened.
Moreover it is important to regulate media in order to ensure the cultural diversity in media
content and to provide the free space to put forward various opinions and ideas without
censorship.
With the recent growth in the Media and Entertainment industry the use of the internet for
media consumption has mobilized this growth. In the recent past the OTT platforms offer
curated video content that is probably suited to the needs and demands of the individuals. The
contents displayed through this platform are highly against ethics; highly use of obscenity,
vulgarity, content that can hurt religious sentiments, defamation but no action can be taken as
OTT platforms are not regulated by any legislation. Some specific laws or legislation must
regulate this platform to ensure cultural diversity.
Government control over media
Media in India are self- regulated. The government does not have control over the media
except a few. It depends what type of media we are talking about. Media is broadly classified
into 5 parts in India:
1. Print media in which more emphasis is given to Newspapers;
2. Broadcasting, includes Radio;
3. Cable and Telecommunication includes Television;
4. Films;
5. OTT platforms.
FREEDOM OF SPEECH
Freedom of Speech - Article 19(1)(a)
The Constitution of India guarantees freedom of speech and expression to all citizens. It is
enshrined in Article 19(1)(a).
Article 19(1)(a)
INTRODUCTION TO MEDIA LAWS
1. Media Law Introduction: Meaning, definition, need and importance
2. Freedom of speech and Expression – Article 19 1(A)
3. Reasonable Restrictions on press as Fourth estate
4. Various land mark judgements by supreme court and various High courts
5. History of Media Laws in India: Press and Registration Act 1878, Newspaper Act of
1908; Indian Press( emergency power) Act, 1931; Emergency period
Media Laws
Introduction:
The Media Entertainment (M&E) industry in India can be broadly classified into print,
cinematograph films, broadcasting, and digital media. Each of these categories is regulated
by the Ministry of Information and Broadcasting (MIB), assisted and supported in its
activities by subordinate organisations, autonomous organisations, statutory bodies, and
public sector undertakings. Given that digital media involves information technology
platforms, digital media is also partially regulated by the Ministry of Electronics and
Information Technology (MEITY). Further, the Telecom Regulatory Authority of India
(TRAI) has a dedicated broadcasting and cable services division, which is responsible for
laying down the overall regulatory framework for the broadcasting and cable TV sector in
relation to the interconnection, quality of service, and tariff aspects.
Importance of Media laws
Importance of media regulatory framework
Introduction
Media in general refers to “medium” which in turn means communication, the mode of
expression. Media not only plays an important role in democracy but also entertains the
public by the way of films, music, dance, drama etc. Media is broadly classified into three
categories:
1. Print media which includes newspaper, books, press releases, booklets, magazines etc.
2. Electronic media includes films, radio and television.
3. New age media which can be accessed through the internet or by other means plays a
major role for the films, web series or music to be released on Over the Top (OTT)
platforms.
After independence, with the advent of the technology and to ensure that there is no misuse
of media activities the need for regulating the media was felt, especially radio, television,
,press as well as newer means of distribution like cable, films, satellite etc. In India the
government has not only established specific laws to regulate the media activities but also to
protect freedom.
With the objective to regulate the media industry the concerned authorities enacted various
legislation from time to time like the Press Council of India, Ministry of Information and
Broadcasting, Central Board of Film Certification, Telecom Regulatory Authority of India
etc.
Media Laws
During British period as well as post independence of India there have been various laws or
legislation passed by the authorities in order to regulate the media activities and to protect the
freedom of media. To name some of the important media laws:
1. First Press Regulation, 1799
2. Gagging Act, 1857
3. Indian Press Act, 1910
4. Vernacular Press Act, 1878
5. Constitutional Provisions regarding Press Freedom
6. Official Secrets Act, 1923
7. Press and Registration of Books Act, 1867
8. Contempt of Court Act
9. Cinematography Act, 1952
10. Young Persons (Harmful Publications) Act, 1956
11. Parliamentary Proceedings Act, 1956
12. Delivery of Books and Newspapers Act, 1954
13. Copyright Act, 1957
14. Press Council of India Act, 1965
15. Prasar Bharati Act, 1990
16. Cable Television Regulation Act, 1995
17. Telecom Regulatory Authority of India, 1997
18. Sports Broadcasting Signal (mandatory sharing with prasar bharati) Act, 2007
Importance of Media Regulation
, Media regulation would include regulation of conduct, structure or content of media.
Regulation would prohibit libel and defamation, would set up provision regarding national
security, obscenity, blasphemy, sedition promoted via the media, regarding the contents of
films. Media regulation would also help in protecting privacy laws, laws concerning
intellectual property rights, and prohibitions against incitement to violence or racial hatred,
pornography etc. Need for regulating the press is also important in terms of moderating or
supervising the credibility of the information that is published. News that has been displayed
on television or published in a newspaper should be factual and based on actual happening; it
should be a justified interpretation of the event and not “point of view” of what has happened.
Moreover it is important to regulate media in order to ensure the cultural diversity in media
content and to provide the free space to put forward various opinions and ideas without
censorship.
With the recent growth in the Media and Entertainment industry the use of the internet for
media consumption has mobilized this growth. In the recent past the OTT platforms offer
curated video content that is probably suited to the needs and demands of the individuals. The
contents displayed through this platform are highly against ethics; highly use of obscenity,
vulgarity, content that can hurt religious sentiments, defamation but no action can be taken as
OTT platforms are not regulated by any legislation. Some specific laws or legislation must
regulate this platform to ensure cultural diversity.
Government control over media
Media in India are self- regulated. The government does not have control over the media
except a few. It depends what type of media we are talking about. Media is broadly classified
into 5 parts in India:
1. Print media in which more emphasis is given to Newspapers;
2. Broadcasting, includes Radio;
3. Cable and Telecommunication includes Television;
4. Films;
5. OTT platforms.
FREEDOM OF SPEECH
Freedom of Speech - Article 19(1)(a)
The Constitution of India guarantees freedom of speech and expression to all citizens. It is
enshrined in Article 19(1)(a).
Article 19(1)(a)
