UNIT-III
MEDIA LAWS PART-I
(12 Hours)
1. Official secrets Act 1923; Defamation Section-499
2. Parliamentary privileges
3. Working Journalist Act, 1955
4. Sedation, censorship, Obscenity
5. Prasar Bharati Act 1990
6. Press council Act 1978
OFFICIAL SECRETS ACT 1923
Official Secrets Act 1923
Just recently it came to light that crucial documents regarding the Rafael deal have gone
missing. Citing the Official Secrets Act, the Attorney General declined to provide any
information as it was a concern of ‘national security’.
The Official Secrets Act 1923 is India’s anti-espionage act held over from the British colonial
period. It states clearly that actions which involve helping an enemy state against India are
strongly condemned. It also states that one cannot approach, inspect, or even pass over a
prohibited government site or area like an electrical substation.
The Official Secrets Act (OSA), like many other Legislations passed in British India, is
inherently colonial in nature and has no place in contemporary Indian society.
The Official Secrets Act of 1923 is one of the important acts in India.
What is the Official Secrets Act?
The Official Secrets Act of 1923 is India’s anti-espionage. It states that actions which involve
helping an enemy state against India are strongly condemned. It also states that one cannot
approach, inspect, or even pass over a prohibited government site or area. As per the act,
helping an enemy state can be in the form of communicating a sketch, plan, a model of an
official secret, or of official codes or passwords, to the enemy.
Prosecution and Penalties
Punishments under the Act range from three to life imprisonment (if the intent is to declare
war against India – section 5 ) imprisonment. A person prosecuted under this Act can be
charged with the crime even if the action was unintentional and not intended to endanger the
security of the state. The Act only empowers persons in positions of authority to handle
official secrets, and others who handle it in prohibited areas or outside them are liable for
punishment.
Journalists have to help members of the police forces above the rank of the sub-Inspector and
members of the military with an investigation regarding an offence, up to and including
revealing his sources of information.
,Under the Act, search warrants may be issued at any time if the magistrate determines that
based on the evidence there is enough danger to the security of the state.
Official Secrets Act, 1923 –
The original intent was to protect the British Empire from the clandestine acts of its enemies.
Now the act is being used to silence citizens who ask too many questions.
As it is still present in the statute book, it finds its way into the hands of every government
regardless of the political party’s at the helm, thus enforcing the parent-child relationship
between the state and its subjects.
1. The idea that every government getting to keep certain information away from the
public domain in the name of national security finds a contradiction in the very idea
of democracy where a true democracy stands to work for the people.
2. The law also finds itself in the crossroads of Article 19 (1) which gives every citizen
the fundamental right of freedom of speech and expression.
3. The act does clarify what documents or information can be deemed “secret”, thus the
Act can be misused with government authorities branding information or documents
as official secrets as they see fit.
4. The OSA has often been arbitrarily used against media houses and journalist who are
found opposing the action of the government and questioning its policies.
5. The law contradicts the Right to Information (RTI) Act that came into effect in 2005
and creates ample ground for corruption.
Arrest Under Official Secrets Act
Why in News
Recently, Delhi police has arrested a strategic affairs analyst under the Official Secrets Act
(OSA), 1923 for passing information such as the deployment of Indian troops on the border
to Chinese intelligence officers.
Key Points
Official Secrets Act:
o OSA broadly deals with two aspects — spying or espionage
and disclosure of secret information of the government.
However, the OSA does not define the secret
information, the government follows the Manual of
Departmental Security Instructions, 1994 for
classifying a document as secret.
Generally secret information includes any official
code, password, sketch, plan, model, article, note,
document, or information.
, o If guilty, a person may get up to 14 years’ imprisonment, a fine,
or both. Both the person communicating the information and the
person receiving the information can be punished under the OSA.
Background:
o OSA has its roots in the British colonial era. The Indian Official
Secrets Act (Act XIV), 1889 was brought in, with the objective of
muzzling the voice of a large number of newspapers that had come
up in several languages, and were opposing the British policies.
o The Act XIV was amended and made more stringent in the form
of The Indian Official Secrets Act, 1904, during Lord Curzon’s
tenure as Viceroy of India.
o In 1923, a newer version was notified, the Indian Official Secrets
Act (Act No XIX of 1923).
It was extended to all matters of secrecy and
confidentiality in governance in the country.
Defamation law in India
Chapter XXI – Of Defamation
Section 499:- Defamation
Section 500:- Punishment for defamation
Section 501:- Printing or engraving matter known to be defamatory
Section 502:- Sale of printed or engraved substance containing defamatory matter
Defamation is a procedure for check and balance on the Right to freedom of speech and
expression (Article 19). It is a procedure to ensure that nobody harms the reputation of any
MEDIA LAWS PART-I
(12 Hours)
1. Official secrets Act 1923; Defamation Section-499
2. Parliamentary privileges
3. Working Journalist Act, 1955
4. Sedation, censorship, Obscenity
5. Prasar Bharati Act 1990
6. Press council Act 1978
OFFICIAL SECRETS ACT 1923
Official Secrets Act 1923
Just recently it came to light that crucial documents regarding the Rafael deal have gone
missing. Citing the Official Secrets Act, the Attorney General declined to provide any
information as it was a concern of ‘national security’.
The Official Secrets Act 1923 is India’s anti-espionage act held over from the British colonial
period. It states clearly that actions which involve helping an enemy state against India are
strongly condemned. It also states that one cannot approach, inspect, or even pass over a
prohibited government site or area like an electrical substation.
The Official Secrets Act (OSA), like many other Legislations passed in British India, is
inherently colonial in nature and has no place in contemporary Indian society.
The Official Secrets Act of 1923 is one of the important acts in India.
What is the Official Secrets Act?
The Official Secrets Act of 1923 is India’s anti-espionage. It states that actions which involve
helping an enemy state against India are strongly condemned. It also states that one cannot
approach, inspect, or even pass over a prohibited government site or area. As per the act,
helping an enemy state can be in the form of communicating a sketch, plan, a model of an
official secret, or of official codes or passwords, to the enemy.
Prosecution and Penalties
Punishments under the Act range from three to life imprisonment (if the intent is to declare
war against India – section 5 ) imprisonment. A person prosecuted under this Act can be
charged with the crime even if the action was unintentional and not intended to endanger the
security of the state. The Act only empowers persons in positions of authority to handle
official secrets, and others who handle it in prohibited areas or outside them are liable for
punishment.
Journalists have to help members of the police forces above the rank of the sub-Inspector and
members of the military with an investigation regarding an offence, up to and including
revealing his sources of information.
,Under the Act, search warrants may be issued at any time if the magistrate determines that
based on the evidence there is enough danger to the security of the state.
Official Secrets Act, 1923 –
The original intent was to protect the British Empire from the clandestine acts of its enemies.
Now the act is being used to silence citizens who ask too many questions.
As it is still present in the statute book, it finds its way into the hands of every government
regardless of the political party’s at the helm, thus enforcing the parent-child relationship
between the state and its subjects.
1. The idea that every government getting to keep certain information away from the
public domain in the name of national security finds a contradiction in the very idea
of democracy where a true democracy stands to work for the people.
2. The law also finds itself in the crossroads of Article 19 (1) which gives every citizen
the fundamental right of freedom of speech and expression.
3. The act does clarify what documents or information can be deemed “secret”, thus the
Act can be misused with government authorities branding information or documents
as official secrets as they see fit.
4. The OSA has often been arbitrarily used against media houses and journalist who are
found opposing the action of the government and questioning its policies.
5. The law contradicts the Right to Information (RTI) Act that came into effect in 2005
and creates ample ground for corruption.
Arrest Under Official Secrets Act
Why in News
Recently, Delhi police has arrested a strategic affairs analyst under the Official Secrets Act
(OSA), 1923 for passing information such as the deployment of Indian troops on the border
to Chinese intelligence officers.
Key Points
Official Secrets Act:
o OSA broadly deals with two aspects — spying or espionage
and disclosure of secret information of the government.
However, the OSA does not define the secret
information, the government follows the Manual of
Departmental Security Instructions, 1994 for
classifying a document as secret.
Generally secret information includes any official
code, password, sketch, plan, model, article, note,
document, or information.
, o If guilty, a person may get up to 14 years’ imprisonment, a fine,
or both. Both the person communicating the information and the
person receiving the information can be punished under the OSA.
Background:
o OSA has its roots in the British colonial era. The Indian Official
Secrets Act (Act XIV), 1889 was brought in, with the objective of
muzzling the voice of a large number of newspapers that had come
up in several languages, and were opposing the British policies.
o The Act XIV was amended and made more stringent in the form
of The Indian Official Secrets Act, 1904, during Lord Curzon’s
tenure as Viceroy of India.
o In 1923, a newer version was notified, the Indian Official Secrets
Act (Act No XIX of 1923).
It was extended to all matters of secrecy and
confidentiality in governance in the country.
Defamation law in India
Chapter XXI – Of Defamation
Section 499:- Defamation
Section 500:- Punishment for defamation
Section 501:- Printing or engraving matter known to be defamatory
Section 502:- Sale of printed or engraved substance containing defamatory matter
Defamation is a procedure for check and balance on the Right to freedom of speech and
expression (Article 19). It is a procedure to ensure that nobody harms the reputation of any
