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Media and Information Technology Law

Paper – XIX

Meaning and concept of media:

Meaning:
The term “medium” (the singular form of “media”) is defined as one of the means or channels of
general communication, information, or entertainment in society, as newspapers radio, or television
etc. This word “medium” comes from the Latin word “medius” means “middle”.

Media are the communication outlets or tools used to store and deliver information or data. The term
refers to components of the mass media communications industry, such as print media, publishing,
the news media, photography, cinema, broadcasting (radio and television), digital media and
advertising.

Concept:

The concept of media is one that is used to refer to all media in which an idea or message can be
transmitted. Today, however, the concept is commonly related with certain media, more specifically
with newspapers, television, radio, internet, graphic publications. Currently, the two most widely
consumed media are certainly internet and television. This has to do with the fact that they allow the
use of a diverse range of audiovisual resources that attract the attention much easier for the
consumers. On the other hand, are much more visible in economic terms.

Media is being considered as the fourth pillar of our democratic society after the executive, legislature
and judiciary. It has got enormous responsibility so far as establishing a relationship between the
Government and the people. It is the media, be it print or electronic has become a part of our life and
we are heavily dependent on the media coverage. Starting from the issues relating to common man,
their feelings, their necessities, their expectations and every aspect of their life are closely associated
with the media. Media keeps the people awakened and there is no denying the fact that it has become
one of the major instruments of social change. In a democratic set up, it is the media which
strengthened the democratic norms and values and also accelerates the pace of development.

Mass media is a technology that is intended to reach a mass audience. It is the primary means of
communication used to reach the vast majority of the general public. The most common plateforms
for mass media are newspapers, magazines, radio, television and internet. There are various types of
mass media viz. (a) Print media e.g. magazines and newspapers (b) Electronic media e.g. television
and radio (c) New age media e.g. mobile phones and computers.

The media today have a very important role since they are the responsible largely shape the thinking
of your audience.

History of Media in India

The Indian media has a long history spanning from the colonial past in the second half of the 18 th
century. When the British were firmly entrenched in the country and the Indian freedom movement
was still in its nascent stage the newspapers of the late 18th century entered the country not only
through the rulers but also to, a great extent, for the British readers in India and abroad. Back then,
publishing houses were created as private commercial enterprises, which has not changed much
throughout the years. The Indian newspaper SAGA started with an Irishman – James Augustus Hicky.
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Hicky launched the “Bengal Gazette” in 1780, India’s first newspaper, in English. Before that, the
British East India Company’s rules did not encourage the establishment of newspaper in India. Just to
make sure that this paper was perceived as “independent”, Hicky added a line to his masthead – “A
weekly political and commercial paper – open to all parties, but influenced by none”. Hicky’s paper
was a bit tabloid, and a bit satire paper. It lacked the tone of overly “serious news” evident in other
British papers of that time. He initially used the paper to take on personal adversaries by usually
mocking them. Copying the British newspaper style, it initially targeted only the British residents as
readers. A campaign against the first Governor General of India however caused what can be pointed
out as the first censorship in India when the “Bengal Gazette” was banned from circulation through
official channels. It was the incident that reportedly sharpened Hicky’s perception of how free the
press should be able to serve its purpose. He devoted lots of space to social issues and anti-war
content, including the voice of the general public. After a period of fighting back, delivering his
newspapers in neighbouhoods, even keeping the publishing going during him being arrested, the first
newspaper of India was finally crashed by the previously targeted Governor General and the Supreme
Court in 1782. Although the reach and its time of existence where limited one can say it inspired others
to launch newspapers, too. Alongside the Bengal Gazette newspapers like the “Bombay Herald” and
“Bombay Courier” in 1789 and 1790 respectively, and “Bombay Gazette” in 1791 entered the market.
But as soon as the Government clamped down on the freedom of press, obviously rattled by extensive
criticism by the latter. For more than two decades after that, the gagging of the press continued as
successive Governor Generals in India refused to cede freedom to the press.

It was in 1822, that social reformer Raja Ram Mohan Roy began the awakening of the Indian public
for independence through his publications. Roy is credited with the first vernacular newspapers in
Bengali and Persian called Sambad Kaumidi and Mirat-ul-Akhbar, respectively. As a reformist he used
his publications to spread awareness about social evils like’Sati’. Lord Willam Bentinck, a relatively
liberal Governor General at that time, supported Indian efforts at reforms, which resulted in 33 English
language and 16 Indian language publications in India by the year 1830. The first Hindi language
newspaper was the “Udant Martand” meaning the rising sun, first published in the year 1826 as a
weekly by Pandit Jugal Kishore Shukla, a lawyer by profession. As the voice of the particular expressive
and strong with its views against the British government, a law called the Vernacular Press Act was
brought in 1878 to curb the non-English, Indian language press. The Act, issued by the Viceroy, Lord
Lytton, clearly intended to stop the vernacular press from criticizing the government’s policies. Since
the reach of the vernacular press was constantly rising, the Act was intended as a method to stop
spreading unrest against the British rule. It was later repealed by Lord Rippon in 1881. Throughout
time several newspapers played important roles for India on its way towards independence such as
the Indian owned platform the “Tribune”. After covering the “Amritsar Massacre” in 1919, it was shut
down and its editor, Kali Nath Ray had been sent to jail.

Radio in India has an interesting origin. In 1923 and 1924 three Radio Clubs in Bombay, Calcutta
and Madras started their services airing mostly music and talks for a couple of hours a day. Due to
financial issues, they had to shut down already on 1927. Under an agreement between the Indian
Government and a private company, operating under the name Indian Broadcasting Company Ltd.
(IBC) a broadcasting service was set up the same year in Bombay and Calcutta followed by a shutdown
of the IBC and the government taking over their assets. Subsequently, the Department of Labour and
Industries, under a new name – the Indian State Broadcasting Corporation, started operations on a
trial basis. Since then Radio broadcasting in India has been under the government control. In 1936,
the company was renamed All India Radio (AIR) as the state-run radio service. In 1956, the state
broadcaster, All India Radio was again renamed “Akashvani” means voice from the sky. A year later,
AIR launched Vivid Bharti means variety India, with film music as its mainstay. Nowadays AIR, as well
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as private commercial radio stations (FM) and community radio stations make up the radio landscape
of India.

Subheader Television in India began at a very modest note. From a test transmission beginning on
15 September, 1959, television grew wings as the years rolled on. Until 1975, only 7 Indian cities had
access to Doordarshan, the national television service run by the government. In 1982, under Prime
Minister Indira Gandhi, colour television arrived in India. But it was not until 1991 that things changed
dramatically for the Indian television viewer. With CNN beaming the 1991 Gulf War live into Indian
homes, the country got a taste of international television. Coincidentally, it was the same year when
the Indian government opened up the economy and allowed private satellite television channels to
beam into India. For the first time, Indian viewers got a chance to watch non-Doordarshan shows,
were spoilt for choice and for the first time many television networks including Sun Network, Zee
Network and Star Network became household names.

Today there are 1.18,239 media publications, 38,933 weekly newspapers and magazines, 17,160
daily newspapers, more than 880 satellite television channels, more than 380 news television
channels, and more than 550 non-news entertainment radio stations.

Historical Development of Free Media in India

Freedom of media or freedom pf press is the principle that communication and expression through
various media, including printed and electronic media, especially published materials, should be
considered a right to be exercised freely. Such freedom implies the absence of the interference from
an overreaching State; its preservation may be sought through constitution or other legal protection
and security.

Prior to the advent of Indian present Constitution i.e prior to 1950, there was no constitutional or
statutory enunciation of the freedom of speech of the subjects or the liberty of the press. The first set
of regulations of 1799 was framed by Governor-General Wellesley to counteract the assertion of the
freedom of press by a section of Englishmen in the wake of the British rule in India. The regulations
requires newspapers under pain of penalty to print the names of the printers, publishers and editors
of newspapers and to submit all materials published therein for precensorship by the Secretary to the
Government of India. In 1818 these were replaced by Liberal regulations of Governor-General Lord
Hastings who favoured a free press. It may be pointed out that upto 1816 all the newspapers and
journals were edited or owned by the Englishmen and no Indian was associated with the process in
any way. It was Hasting’s time that the first Indian owned newspaper, namely, Bengal Gazette was
started in 1816 by Shri Gangadhar Bhattacharjee. This paper has been described as the pioneer of
hundreds of newspapers started by Indians subsequently.

Raja Ram Mohan Roy most prominent forefounder of the Indian journalism published in
Calcutta for the first time in the year1820 the English ‘Brahmanical Magazine’. In the same year he
also started the publication of Indian languages newspapers in Bengali and Persian. Roy was the first
Indian who raised his voice against the British rulers for not granting freedom of press. He fought for
abolition of Sati, for increasing the minimum age of marriage etc. as well as for unlimited press
freedom and political reforms. However, his propaganda for social reform like the abolition of sati
frightened the government as it could lead to several difficulties.The free development of an
independent Indian press was checked in 1823 through the Press Ordinance issued by the Governor-
General, John Adam providing for the licensing of the press under which all matters printed in a press
except commercial matters required a previous licence from the Governor-General. Similar
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regulations were made in Bombay in 1825 and 1827. The Ordinance and existing regulations in British
India were replaced by the Press Act, 1935 popularly known as the Metcalfe’s Act, which only required
the printer and publisher of every newspaper to declare the location of the premises of its publication.
In case of any change a fresh declaration was required. The Act prescribed a fine of Rs.5,000/- and
imprisonment for a term not exceeding two years for not complying with the requirement of
declaration.

The outbreak of World War II in 1939 gave a free hand to the government to enforce provisions
of Defence of India Act, 1939 and Defence of India Rules made thereunder. The Act imposed
censorship on the newspapers to publish information which may be useful to the enemy or prejudicial
to government interests. Since there were no fundamental rights in India prior to independence, there
was no guarantee of the freedom of expression or of the press.

After adoption of new Constitution i.e after 1950, the position in regard to freedom of press has
totally changed. Article 19(1)(a) of the Indian Constitution provides that “all citizens shall have the
right to freedom of speech and expression”. The Supreme Court of India in Express Newspaper Ltd.
V. Union of India, AIR 1962 SC 305 made it clear that freedom of press is included in freedom of speech
and expression as enumerated in Art.19(1)(a) of the Constitution. The press could not be be subjected
to any restrictions by making a law unless the law itself was constitutionally valid i.e. consistent with
clause (2) of Article 19. In fact, the fundamental right of freedom of speech and expression is not
absolute one. Art.19(2) of the Constitution enables the State to restrict it and empowers the judiciary,
by implication, to struck down the restriction if it be not a ‘reasonable’ one or is unrelated to the
ground specified.

It should be mentioned to other certain laws, which, some of it had given power to the government
to prevent publication of news considered to be objectional by it. Such of these laws as Defence of
India Act, 1962 and 1971, Maintenance of Internal Security Act, 1971 and the Prevention of Publication
of Objectionable Matter Act, 1976 which are not now in force.

Under the Press Council Act, 1965, the Press Council of India was established on July 4, 1966 whose
object was to preserve the freedom of the press and to maintain and improve the standard of
newspapers in India. The Council was expected to establish a set of norms to check writings in the
press which were objectionable though not punishable under the law in force. However, the Press
Council Act, 1965 was repealed during Mrs. Indira Gandhi’s regime, by enacting the Press Council
(Repeal) Act, 1976. The Press Council was abolished with effect from January, 1976. After coming into
force, the Janata government enacted a fresh Press Council Act, 1978, to re-establish the Press Council
of India. The primary function of the Council is to help newspapers and news agencies to maintain
their independence. Of course, it has no direct powers to control the Government or any source from
which such independence is threatened; but its annual report or interim report, if any, shall be laid
before Parliament by the Central Government, so that Parliament may take such steps as it deems
advisable to uphold the freedom of the press. Another important function which the Press Council is
required to perform is to ensure a high standard of public state and responsibility in journalism, and,
for this purpose, it is empowered to build up a code of conduct for newspapers, news agencies and
journalists in accordance with high professional standards. It is seen that the Council yields a lot of
moral authority, although its decisions do not carry punitive sanctions for their enforcement. During
these years, the Council can proudly claim to have maintained an unbiased nature throughout. Its
actions and adjudications have remained uninfluenced, as they must necessarily be, from any
extraneous considerations or any external pressures.
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Freedom of Speech and Expression under the Indian Constitution and Media

of pages and size which a newspaper could publish at a price was held to be violative of freedom of
press and not a reasonable restriction under Freedom of speech and expression means the right to
express one’s own opinions freely by words of mouth, writing, printing, pictures or any other mode.
It includes the expression of one’s ideas through any communicable medium or visible representation,
such as gesture, signs and the like. The expression connotes also publication and thus the freedom of
the press is included in this category. Freedom of expression has four broad special purposes to serve:
(1) it helps an individual to attain self-fulfilment; (2) it assists in the discovery of truth; (3) it strengthens
the capacity of an individual in participating in decision making and (4) it provides a mechanism by
which it would be possible to establish a reasonable balance between stability and social change.

Article 19(1)(a) of the Indian Constitution says that all citizens shall have the right to freedom of
speech and expression. But this right is subject to limitations imposed under Article 19(2) which
empowers the State to put ‘reasonable restrictions’ on the following grounds:

i. Sovereignty and integrity of the State

ii. Security of the State
iii. Friendly relations with foreign countries
iv. Public order
v. Decency and morality
vi. Contempt of court
vii. Defamation
viii. Incitement to an offence

The term ‘reasonable restriction’ connotes that the limitation imposed on a person in the enjoyment
of his right should not be arbitrary or of an excessive nature, beyond what is actually required in the
interests of the public. The word ‘reasonable’ implies intelligent care and deliberation, that is, the
choice, of a course which reason dictates. The expression seeks to strike a balance between the
individual rights guaranteed by Art.19 and social control permitted by clauses (2) to (6) of Article 19.

Freedom of press is not specifically mentioned in Article 19(1)(a) of the Constitution and what is
mentioned there is only freedom of speech and expression. In Romesh Thapper v. State of Madras,
AIR 1950 SC 124, the Supreme Court held that the freedom of the press was an essential part of the
right to freedom of speech and expression. This freedom included propagation of ideas, and that
freedom was ensured by the freedom of circulation. In this case, entry and circulation of the English
journal “Cross Road”, printed and published in Bombay, was banned by the Government of Madras.
It is clear that the right to freedom of speech and expression carries with it the right to publish and
circulate one’s ideas, opinions and other views with complete freedom and by resorting to all available
means of publication. However, the freedom of the press is not absolute, just as the freedom of speech
and expression is not.

In Indian Express Newspapers v. Union of India, (1985) 1 SCC 641, it has been held that the press
plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom
of press and invalidate all laws and administrative actions that abridge that freedom. In this case, the
petitioners were allotted, under the agreement of lease, plots of land for construction of Press
building. The Lt. Governor of Delhi alleged that the new Express Building was constructed in
contravention of Municipal Corporation laws and served a notice for re-entry and for its demolition.
The Supreme Court held that the impugned notices suffered from arbitrariness and non-application
of mind and were intended and meant to silence the voice of Indian Express which constituted a direct
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and immediate threat to the freedom of the Press and, therefore, violative of Art.19(1)(a) read with
Art.14 of the Indian Constitution. There are many instances when the freedom of press has been
suppressed by the legislature. In Sakal Papers v. Union of India, AIR 1962 SC 305, the Daily Newspapers
(Price and Page) Order, 1960, which fixed the number Article 19(2) of the Indian Constitution.

In India before independence, there was no constitutional or statutory guarantee of freedom of an

individual or media/press. Now, the freedom of media/press is implied from the freedom of speech
and expression guaranteed under Article 19(1)(a) of the Indian Constitution. The freedom of press is
essential for the proper functioning of the democratic process. The fundamental principle which is
involved in freedom of press is the “people’s right to know”. It is the primary duty of all Courts to
uphold this freedom and invalidate all laws or administrative actions which interfere with this
freedom, are contrary to the constitutional mandate. However, it should be noted that the status of
freedom of press is the same as that of an ordinary citizen. The press cannot claim any immunity from
the laws which are applied to the citizens.

Press during Emergency

Article 358 of the Indian Constitution provides for suspension of the six freedoms guaranteed to the
citizens by Article 19 of the Constitution. It says that while a proclamation of emergency is in operation
nothing in Article 19 shall restrict the power of the State to make any law or to take any executive
action abridging or taking away the rights guaranteed by Article 19 of the Constitution. It means that
as soon as the Proclamation of Emergency is made the freedoms guaranteed by Article 19 are
automatically suspended.

Normally, the rights guaranteed by Article 19 cannot be taken away or abridged by any law of
Parliament or State Legislature. But Article 19 ceases to restrict the legislative or the executive power
of the Centre or the States for the period of emergency and any law made by the Legislature or any
action taken by the Executive cannot be challenged on the ground that they are inconsistent with the
rights guaranteed by Art.19. As soon as the proclamation of emergency ceases to operate Art.19 which
remains suspended during emergency, automatically comes into life and begins to operate and any
law inconsistent with Art.19 made during emergency ceases to have effect to the extent of the
inconsistency except as respect things done or omitted to be done before the law so ceases have
effect. But no action will lie for anything done during emergency even after the emergency is over.

The 44th Amendment Act, 1978 has made two important changes in Article 358 of the Indian
Constitution. They are:

(1) Art.19 will be suspended only when a proclamation of emergency is declared on the ground
of war or external aggression and not when emergency is declared on the ground of armed
rebellion.
(2) It has inserted a new clause (2) in Art.358 which says that nothing in clause (1) shall apply to
(a) Any law which does not contain a recital to the effect that such law is in relation to the
proclamation of emergency, or

(b) To any executive action taken otherwise than under a law containing such recital.

This clause makes it clear that Art. 358 will only protect emergency laws from being challenged in a
court of law and not other laws which are not related to the emergency. Prior to this, the validity of
even other laws, which were not related to emergency, could not be challenged under Art. 358.
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It should be noted that the suspension of fundamental rights guaranteed by Article 19 will be
applicable to National Emergency proclaimed under Art. 352 of the Constitution. In other words, under
Art. 358, as soon as the proclamation of emergency is issued under Article 352 i.e. National Emergency
and so long as it lasts, Article 19 is suspended, and the power of the Legislatures as well as the
Executives to that extent is made wider. Although Article 19 will revive and become operative as soon
as the proclamation ceased to operate, but Article 358 expressly provides that “things done or omitted
to be done during the emergency” cannot be challenged even after the emergency is over. Thus,
suspension of Article 19 is completed during the period of emergency and Legislative and Executive
action which contravenes Article 19 cannot be questioned even after the emergency is over. The
proclamation of emergency under Article 352 may extend to the whole of India or may confined to
any part of the territory of India.

In June, 1975, Indira Gandhi’s government declared a National emergency and suspended civil
liberties. Immediately after this declaration, the government tightened its controls on the Indian mass
media, especially on the newspapers. She took control of the press, prohibiting their reporting of all
domestic and international news. The declaration of a national emergency, which is justified under
the Indian Constitution, lasted for about 19 months. The emergency was declared as a result of
mounting political pressure exerted upon the government from opposing political perties which were
striving to fight corruption, inflation and economic chaos in the country. Indira Gandhi’s government,
rather than taking this as a political challenge, resorted to declaring a National Emergency and
imprisoning the opposition party leaders, including all dissenting voices from the media. The
fundamental rights of the Indian people were suspended and strict controls were imposed on freedom
of speech and expression. Her government used the “Security of the state”and “Promotion of
Disaffection” as its defense for imposing strict control on the press. With freedom of speech being
suspended as a fundamental right, the printing presses were raided and the newspapers went out of
circulation. Her government laid out some ground rules for the journalists across the country and they
were told about certain “guidelines” to follow. The Indian media was informed not to pay heed to the
rumours. All the newspapers in the country were asked to take permission before publishing any piece
by the Chief Press Advisor, a position that was created to censor the news. Her government expelled
7 foreign correspondents and banned 29 others from entering India. Government advertisements
were withheld to 100 newspapers and periodicals to suffocate them financially. The print media
understood it would be difficult to enjoy freedom of press during emergency.

Parliamentary Proceedings and Freedom of Publication

Over the years, Legislature has become more and more a multi-dimensional and multi-functional
institution performing a variety of roles. It is the form where solutions ae found for redressal of public
grievances and decisions based on collective wisdom are taken. Having gained access to legislative
proceedings, the media has assumed the role of being the principal communication link between the
Legislature and the people. It conveys to the people what is happening in the Legislature and informs
them about various policies, legislations and programmes of the Government. As an important
medium of communication between the Legislature and the people, it is the foremost responsibility
of the press to inform the people of correct news and true facts.

Accordingly, an absolute immunity from proceedings in any court of law has been under the
Constitution of India on all persons connected with the publication of proceedings of either House of
Parliament, if such publication is made by or under the authority of the House under Article 105(2) of
the Constitution in respect of Parliament and Article 194(2) of the Constitution in the case of State
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Legislatures. Article 105(2) of the Indian Constitution expressly provides that “no person shall be liable
in respect of the publication by or under the authority of either House of Parliament, of any report,
paper, votes or proceedings”. However, this immunity does not extend to the publication of reports
of Parliamentary proceedings in newspapers, whether published by a member of the House or by any
other person, unless such publication is expressly authorized by either House. The protection under
this Article does not extend to publication made by a private person without the authority of a House.

In 1956, the Parliamentary Proceedings (Protection of a Publication) Act was passed which provided
that “no person shall be liable to any proceeding civil or criminal in any court in respect of the
publication of substantially true report of the proceedings of either House of Parliament unless it is
proved that publication of such proceeding expressly ordered to be expunged by the Speaker”. This
Act was repealed by the Congress Government during 1975 emergency. But two years later, the Janata
Government restored the freedom of the press to publish true reports of Parliamentary proceedings
without prior permission of Legislature by enacting the Parliamentary Procedings (Protection of
Publication) Act, 1977. Under Section 3 of this Act no person shall be liable in any proceedings, civil or
criminal, in any court in respect of the publication in a newspaper of a substantially true report of any
proceedings of either House of Parliament unless the publication is proved to have been made with
malice. Thus, this Act accords immunity to publications from civil and criminal liability in respect of
substantial true reports of proceedings of either House of Parliament provided that the report is
untainted by malice and is for the public good.

Now, the 44th Amendment Act, 1978 puts this immunity on a very solid footing. Prior to the
amendment this immunity was regulated by a Parliamentary law. By incorporating Article 361-A into
the Constitution this amendment gives it a constitutional protection. The new Article 361-A provides
that no person shall be liable to any civil or criminal proceedings in any court in respect of the
publication in a newspaper of a substantially true report to the proceedings of either House of
Parliament, or of a State Legislature, unless the publication is proved to have been mdewith malice.
This immunity will also apply to broadcast by means of wireless. However, this will not apply to te
publication of any report of a secrete sitting of a House.

It may be concluded that free press is an integral part of a Parliamentary system. In india, it is the
most powerful organ that can influence and mobilize public opinion. Success of a democracy depends
on how effective the role is played by the press. Press not only conveys to the people the substance
of Parliamentary activity but also criticizes the working of various institutions in the country. It keeps
the public informed of what is happening in Parliament or State Legislatures. It is also the medium
through which the responses and reactions of the people towards the government are expressed. In
India, media gives extensive coverage to parliamentary activity, making it almost a major event of
day’s happenings. The press is often called the extension of Parliament. Press struggles hard to
unearth the administrative lapses, scandals and shortcomings, gives expression to public grievances
and hardships and reports on how policies are being carried out and administration is affecting the
people.

Contempt of Court and Media

The constitutional right to freedom of speech and expression guaranteed by Article 19(1)(a) of the
Indian constitution would not allow a person to contempt the courts. Our Constitution puts a
restriction on the freedom of speech and expression if it amounts to contempt of court. Article 19(2)
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of the Constitution puts a restriction to freedom of speech and expression so far as contempt of court
is concerned. Articles 129 and 215 of the Constitution also empower the Supreme Court and High
Courts respectively to punish a person for contempt of the Supreme Court and High Courts, as the
case may be. The contempt of court jurisdiction is exercised not to protect the dignity of an individual
judge but to protect the administration of justice from being maligned.

The constitution of India does not define what is contempt of court. But the Contempt of Court Act,
1971 defines the expression ‘contempt of court’. Under Section 2 of the Act, ‘contempt of court’ may
be either ‘civil contempt’ or ‘criminal contempt’. ‘Civil contempt’ means willful disobedience to any
judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking
given to a court. ‘Criminal contempt’ means the publication, whether by words, spoken or written, or
by signs, or by visible representations, or otherwise, of any matter or the doing of any other act
whatsoever which - (i) scandalize
or tends to scandalize, or lowers or tends to lower the authority of any court; or (ii)
prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings; or (iii)
interferes, or tends to interfere with, or obstructs, or tends to obstruct, the administration of justice
in any other manner.

The definition of the contempt of the court in the act is too exhaustive, leaving much to the
discretion of the judge or judges in interpretation of what constitutes contempt of court, no specific
guideline is provided under the definition so as to confine the judicial interpretation in the contempt
proceedings. The terminology used in the definition is borrowed from the English law of contempt and
embodies concepts which are familiar to that law which by and large, was applied in India. The
expressions “scandalize”, “lowering the authority of the court”, “interference”, “obstruction” and
“administration of justice” are therefore to be understood by our Indian Courts with the aid of English
law.

However, the following acts are not contempt of court –

(a) Innocent publication and distribution of any matter.

(b) Publication of fair and accurate report of judicial proceedings.
(c) Fair criticisms of judicial act.
(d) Complaint against Presiding Officers made in good faith.
(e) Publication of fair information relating to proceedings in chambers or in camara.

In Commissioner, Agra v. Rohtas Singh, AIR 1998 SC 685, the Supreme Court held that the object of
the power of the court to punish a person for contempt is, to enable the court, to ensure proper
administration of justice and maintenance of the rule of law. It is meant to ensure that the courts
discharge their functions properly, unhampered and unsullied by wanton attacks on the system of
administration of justice or on officials who administer it, and to prevent willful defiance of the orders
of the court. In E.M.S. Namboodiripad v. T.N. Nambiar, (1970) 2 SCC 325, Mr. Namboodiripad, the
then Chief Minister of Kerala made certain remarks against the judiciary by calling the judiciary as “an
instrument of oppression” and the Judges as “dominated by class hatred, class prejudices” and were
going against the poor. Confirming thee decision of the High Court holding him guilty of contempt of
court, the Supreme Court said that these words had effect of lowering the prestige of the Judges and
Courts in the eyes of the public.

A judge, magistrate or any person acting judicially shall also be liable for contempt of court in the
same manner as any other individual is liable under the Act. Thus, judges have no general immunity
from criticism of their judicial conduct provided it is made in good faith and is a fair criticism of his
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judicial act. The contempt power in a democracy is only to enable the court to function effectively,
and not to protect the self-esteem of the individual judge.

Defamation

Meaning: A
statement which injures a man’s reputation amounts to defamation. In other words, any statement,
remark or gesture by anybody which tends to harm the personal reputation of another person is called
defamation. Defamation may be divided into two (a) libel and (b) slander. Defamatory matter, if in
writing, printing or some other permanent medium is a libel; if in spoken words or gestures, it is a
slander.

In India, Section 499 of the IPC contains the criminal law relating to defamation. It recognizes no
distinction between the defamatory statement as slander and libel. In other words, there is no
distinction between a slander (oral defamation) and libel (written defamation).In Dr.Suresh Chandra
v. Panbit Goala, AIR 1958 Cal. 176 it was held that this section was saved as being reasonable
restriction on the freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian
Constitution. The civil law relating to defamation is still uncodified in India and subject to certain
exceptions follows generally the English law.

Section 499 of IPC requires the following three essentials:

1. Making or publishing any imputation concerning any person.

2. Such imputation must have been made by –
(a) words, spoken or written; or
(b) signs;
(c) visible representations.
3. Such imputation must have been made either with the intention to harm, or knowing or
having reason to believe that it will harm the reputation of the person concerning whom it is
made.
Exceptions: There
are ten important exceptions to the offence of defamation mentioned in Section 499 of IPC.
They are:
i. Public good – It is not defamation to impute anything which is true concerning any person, if
it is for the public good that the imputation should be made or published. Whether or not it
is for the public good is a question of fact.
ii. Public conduct of public servants – It is not defamation to express in good faith any opinion
whether respecting the conduct of a public servant in the discharge of his public functions, or
respecting his character, so far as his character appears in that conduct and no further.
iii. Conduct of any person touching any public question – It is not defamation to express in good
faith any opinion whatsoever respecting the conduct of any person touching any public
question, and respecting his character, so far as his character appears in that conduct and no
further.
iv. Reports of proceedings of Courts – It is not defamation to publish a substantially true report
of a Court of justice, or of the result of any such proceedings.
v. Merits of a case or conduct of witnesses – It is not defamation to express in good faith any
opinion whatever respecting the merits of any case, civil or criminal, which has been decided
by a Court, or respecting the conduct of any person as a party, witness or agent, in any such
 11

case, or respecting the character of such person, so far as his character appears in that conduct
and no further.
vi. Merits of public performances – It is not defamation to express in good faith any opinion
respecting the merits of any performance which its author has submitted to the judgment of
the public, expressly or impliedly, or respecting the character of the author, so far as his
character appears in such performance, and no further.
vii. Bona fide censure – It is not defamation in a person having over another any authority, either
(a) conferred by law, or (b) arising out of a lawful contract made with that person.
viii. Bona fide accusation – It is not defamation to prefer in good faith an accusation against any
person to any of those who have lawful authority over that person with respect to the subject-
matter of the accusation.
ix. Bona fide imputation – It is not defamation to make an imputation on the character of
another, provided that imputation is made – (a) in good faith (b) for the protection of the
interest of the person making it or of any other person or for the public good.
x. Conveying caution – It is not defamation to convey in good faith a caution to one person
against another, provided that such caution be intended for the good of (a) the person to
whom it is conveyed, or (b) some person in whom that person is interested, or (c) for the
public good.

It may be concluded that a person needs protection of his reputation, honour etc. as much as the
other rights. Hence, imposing reasonable restriction on the freedom of speech and expression
amounting to defamation is justified and the State can do so through legislative measures. The laws,
penalysing the defamation are reasonable restriction on the freedom of speech and expression and,
therefore, protected under Article 19(2) of the Indian Constitution.

Obscenity

The word ‘obscenity’ of English law is identical with the word ‘indecency’ under the Indian
Constitution. The words ‘decency and morality’ are words of wide meaning. The fundamental purpose
of considering ‘decency and morality’ as one of the restrictions to the freedom of speech and
expression guaranteed by Article 19(1)(a) of the Indian Constitution is to protect and safeguard the
public morals and public decency. Decency means lack of obscenity. No fixed standard can be laid
down as to what is moral and indecent. The standard of morality varies from time to time and from
place to place. As an illustration, we can say that birth control which was once considered immoral is
considered proper as a means to check over-population. It may also be submitted that depending
upon the standard of the morals of contemporary society, the notion of decency my vary from country
to country. On these considerations, we may say that court should revise its opinion as soon as it gets
an opportunity to do so and reject the rule laid nearly hundred years ago by English law.

Sections 292 to 294 of IPC provide instances of restrictions on the freedom of speech and expression
in the interest of decency and morality. These sections prohibit the sale of obscene books, distribution
of obscene materials, doing of obscene acts or singing of obscene songs or uttering obscene words
etc. at public places. These acts are considered to be against public decency and morality. But the
Indian Penal Code does not lay down any test to determine obscenity.

The test of obscenity was laid down in an English case of R v. Hicklin, (1868) 3 QB 360. This was also
Hicklin Rule. In this case, the House of Lord laid down the test of obscenity as “whether the tendency
of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such
 12

immoral influence and into whose hands a publication of this sort may fall. It is quite certain that it
would suggest to the minds of the young of either sex, or even to persons of more advanced year,
thoughts of a most impure and lubricious character”.

In Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881, the Supreme Court accepted the test
laid down in the English case of R. v. Hicklin to judge the obscenity of a matter. In this case, the
Supreme Court upheld the conviction of the appellant, a book seller and one of the four partners of a
firm owning a book-stall was convicted under Section 292 of IPC along with other partners for selling
and keeping the book “The Lady Chatterley’s Lover”, which it was alleged to have contain obscene
matters. Applying the above test, the Court held the novel as obscene.

As to what is obscene is a question of fact to be decided by the Court in every given case. The
Supreme Court has held that the responsibility to decide the question of obscenity is essentially that
of the Court. In Samaresh Bose v. Amal Mitra, AIR 1986 SC 967, a novel called “Prajapati”, written by
a well-known writer of Bengali novels was intended to expose the evils of society. It did contain slang
and unconventional languages, with emphasis on sex. However, it was held that this by itself would
not make it obscene. The Court also added that a vulgar writing was not necessarily “obscene” under
the Indian Penal Code.

The expression ‘decency and morality’ as used in Article 19(2) of the Indian Constitution is not very
clear. Particularly the word ‘morality’ assumed different meaning at different places and the concept
differs from place to place and from time to time. The Supreme Court itself also reiterated the same
view that the test of obscenity may be applied by judging the work as a whole by taking into
consideration the standards of contemporary society. In Director General, Directorate General of
Doordarshan v. Pottawardhan, AIR 2006 SC 3346 laid down the test regarding obscenity ‘whether the
average person, applying contemporary community standards, would find the work, taken as a whole,
appeals to the prurient interest”. The Court pointed out the most controversial issue in obscenity by
balancing the need to protect society against the potential harm that may flow from obscene materials
and the need to ensure respect for freedom of speech and expression and to preserve the free flow
of information and idea.

Copyright

Meaning:
Copyright is a form of intellectual property that gives its owner exclusive rights to reproduce,
publish, sell or distribute a creative work. Copyright relates to literacy and artistic creations, such as
books, music, paintings and sculptures, films and technology-based works such as computer
programmes and electronic databases. It can be called as authors’ rights.

Object of copyright law: The copyright law mainly prevents infringement and gives protection to the
original creator. The creative excellence of a person certainly needs protection because it is his mental
ability and labour which contributed in the development of such activities. When the original creator
is assured of sufficient protection of his hard labour and also is rewarded for his work, he is encouraged
to do more such work and contribute significantly for the progress of the society and economic
development of a country. Unless and until the creator is compensated substantially for all his
contributions, it is very hard to believe that he may be encouraged again for spending his time and
ability in such activities. Only for the sake of protecting the rights of the creators and to save their
creations from being pirated and fall into the hands of others who may exploit the original creator,
 13

this law has been enacted and suitable changes are incorporated from time to time to cope with the
changing scenario. In India, we have Copyright Act, 1957.

Copyright and the Media:

Media of all types, T.V., radio, film, music advertising, press, publishing and even the internet
are regulated by various different laws. While the freedom of speech and expression guaranteed by
Article 19(1)(a) of the Indian Constitution broadens the scope of the media, laws like IPC and
Copyright Act, 1957 etc. lay down certain restrictions on the media industry. Copyright law plays a
great role in the media industry, since the owner of an original creative work holds the exclusive
rights to reproduce, copy, publish, broadcast and even translate or adapt his work. Media is a broad
and everchanging field, especially with the advent of the internet, and since the media is made up of
much creative expression and labour, copyright plays a great role in this industry. What is and isn’t
copyrightable, what constitutes infringement and how enforceable copyright is, all greatly influence
how media is made and consumed.

Under Section 17 of the Copyright Act, 1957, the author is the first owner of the copyright. So far as
“licences” by the owners of copyright is concerned, Section 30 of the Act provides that the owner of
the copyright in any existing work or the perspective owner of the copyright in any future work may
grant any interest in the right by licence in writing signed by him or his duly authorized agent. It is
not mandatory for the copyright owner to register his copyright. Further, merely for non-registration
of the copyright, the owner or the author is not deprived any of his rights. However, as per Section
44 of the Act, there shall be kept at the Copyright Office a register in the prescribed form to be called
the Register of Copyrights in which the names or titles of the works and the names and addresses of
authors, publishers and owners of copyright and such other particulars as may be prescribed will be
entered. Under Section 48 of the Act, the author or publisher of, or the owner of or other person
interested in the copyright may make an application in the prescribed form accompanied by the
prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of
Copyrights . The Register of Copyrights shall be prima facie evidence of the particulars entered
therein and documents purporting to be copies of any entries therein, or extracts thereform
certified by the Registrar of Copyrights shall be admissible in evidence in all courts without further
proof or production of the original.

Unauthorised reproduction, importation or distribution either whole or of a substantial part of the

work protected by copyright is called copyright infringement. Section 51 of the Act deals with
infringement of copyrights. However, all unauthorized use of copyrighted works are not
infringement as certain acts are not considered to be infringement of copyright as enlisted in Section
52 of the Act. They are treated as fair dealing of copyright work, such as, private and personal use,
criticism or review and reporting of current events and current affairs. Under Section 55, where
copyright in any work has been infringed, the owner of the copyright is entitled to all such civil
remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law
for the infringement of a right. As criminal remedies, Section 63 of the Act provides that any person
who knowingly infringes or abets the infringement of the copyright in a work or any other right
conferred by this Act is liable to be punished with imprisonment for a term not less than 6 months
but extendable up to 3 years and with fine which shall not be less than Rs.50,000/- but which may
extend to Rs. 2,00,000/-.
 14

Press Council of India

Meaning:
The Press Council of India is a statutory body under which entire print media industry comes. The
whole print media of India comes inside the purview of the Press Council. As per Section 4(2) of the
Press Council Act, 1978, the Press Council is a body corporate and a juristic person. It is the apex
body for the regulation of the print media in India. It enjoys independence from the government.

The objective of Press Council of India is to serve the freedom of the press and of maintaining and
improving the standards of the press in India. It accts as the regulator that defines and discharge
professional standards for the print media in India. It is considered as the most important body that
sustains democracy and to ensure that freedom of speech is protected. It arbitrates the complaints
against and by the press for violation of ethics and for violation of the freedom of the press
respectively.

Constitution of the Press Council: Under Section 5(1) of the Act the Council consists of a Chairperson
and 28 other members. The Chairperson is nominated by a committee consisting of the Chairman of
the Council of States i.e the Rajya Sabha, the Speaker of the House of the People i.e. the Lok Sabha,
and of the other 28 members, 13 shall be working journalists, 6 shall be from among the persons who
own or carry on the business of management of newspapers, 1 from the news agencies, 3 persons
from the field of education, science, law, literature or culture and 5 from among the members of
Parliament (3 from Lok Sabha and 2 from Rajya Sabha). The first chairman of PCI was Justice J.R.
Mudholkar, then a judge of the Supreme Court.

Press Regulations (Powers and Functions of PCI)

India does not as yet have a common media regulatory body. Each medium or Information and
Communication Technology (ICT) has its own regulatory authority. The press is monitored by the Press
Council of India, telecommunication is regulated by TRAI (Telecommunications Regulatory Authority
of India), cinema by the CBFC (Central Board for Film Certification), advertising by the ASCI (Advertising
Standards Council of India). But broadcasting media, though operating under the AIR Code and the
Cable Television Networks (Regulation) Act, 1995, do not have similar regulatory or monitoring bodies.

Powers of PCI:

Powers of the PCI is given in Sections 14 and 15 of the Press Council Act, 1978. Powers to ensure are
given in section 14 and some general powers are described in Section 15 of the Act.

(1) Power to censure (S.14): This section provides that if a complaint is made to the council, the
council would give the newspaper, news agency, editor or journalist concerned an opportunity
of being heard and hold an inquiry as provided under the regulations of this Act. The council
will not entertain a complaint if in the opinion of the Chairman there is no sufficient ground
for holding an inquiry. But this section does not empower the council to hold an inquiry into
any matter in respect of which any proceeding is pending in the court. The decision of the
council shall be final and shall not be questioned in any court.
(2) General powers (S.15): This section provides that for performing its functions or for the
purpose of inquiry, the council shall have the same powers throughout India as are vested in
a Civil Court while trying a suit under the Civil Procedure Code, 1908. But, this cannot compel
any newspaper, news agency, editor or journalist to reveal the source of any news or
 15

information published. Furthermore, every inquiry held by the council shall be deemed to be
a judicial proceeding under Sections 193 and 228 of the IPC.

Functions of PCI:

The main functions of the PCI are provided in section 13(2) of the Press Council Act, 1978. These
functions are –

1. Helping newspapers in maintaining their independence.

2. Building up a code of conduct for journalists and newspapers according to the high
professional standards.
3. Ensuring that the newspapers and journalists maintain high standards of public taste and
foster s due sense of both the rights and responsibilities of citizens.
4. Encouraging the growth of a sense of responsibility and public service among all those
engaged in the profession of journalism.
5. Reviewing any development which is likely to restrict the supply and dissemination of news of
public interest and importance.
6. Reviewing such cases where assistance has been received by any newspaper or news agency
in India from foreign sources, as are referred to it by the Central government.
7. Promoting the establishment of such common service for the supply and dissemination of
news to newspapers as may, from time to time, appear to it to be desirable.
8. Providing facilities for the proper education and training of persons in the pprofession of
journalism. Promoting the proper functional relationship among all classes of persons
engaged in the production or publication of newspapers.
9. Studying developments that may lead towards monopoly or concentration of ownership of
newspapers, including a study of the ownership or financial structure of newspapers, and if
necessary, to suggest remedies.
10. Promoting technical or other research.
11. Doing such other acts as may be incidental or conducive to the discharge of the above
functions.

Hence, the main functions of the Press Council of India is to check the media practice and to keep an
eye on freedom of press.

Press registration:

The Press and Registration of Books Act, 1867 was passed under the colonial rule. It was aimed at
curbing free speech by introducing several procedural requirements in an individual wanted to start
publication of any book, newspapers etc. In fact, violation of these trivial procedures rendered the
entire publication unlawful. Despite attaining independence, the law continues to operate.

Procedure for registration of newspapers, periodicals and books:

In India, the publication of newspapers, periodicals and books are regulated by the Press and Books
Registration Act, 1867. Part V A (inserted by Amandment Act of 1960) consisting of Sections 19A to
19L) provide for registration of newspapers. The Act provides for the making of the Office of the
Registrar of Newspapers for India (RNI). In order to establish a newspaper or publication or printed
publication in india, it is necessary to obtain a RNI registration from the Registrar of the Newspapers.
Our Ministry of Information and Broadcasting controls and frames rules for the Registrar of
 16

Newspapers in India under the Press and Registration of Books Act, 1867. Approval of the RNI is
required to start a business of newspapers, magazines, journals etc.

The most important step for registration of a newspaper is the verification of the title. The purpose
of this practice is to ensure the availability of the title and to avoid conflict in future. The District
Magistrate (DM) verifies these ddetails and accordingly gives his approval. An application is required
to be made for title verification, containing –

(i) The name of the newspapers.

(ii) The name of the owner
(iii) The language of circulation
(iv) Periodicity
(v) The proposed area of publication

This information must be submitted to the DM. The DM then verifies these credentials and
forwards the application to the RNI. Subsequently, a letter of the verification is issued by the RNI
to notify the DM and publisher about the title availability. A declaration is required to be filed by
the publisher with the DM to start publishing the newspaper.

After obtaining the title verification letter from the RNI, it should be presented to the authority
concerned (DM/DC/SDM/DCP/JCP/CMM etc.), along with a properly filled declaration (Form – 1)
for authentication. In an event, the publisher and the printer are different individuals, separate
declarations from both publisher and printer are required. In case, the place of publication and
printing press are in different districts, separate declarations are required from both the districts.
The publisher can file the declaration from the district or place of publication, and printer can file
it from the district of the printing press.

The PRB Act, 1867 states that the first issue should be brought within 42 days of authentication
of declaration, in case periodicity is fortnightly or above, first issue should be brought out within
90 days of authentication of declaration. In case, the place of publication and printing press are in
different districts, then the date of authentication of place of publication declaration filed by the
publisher will be considered for calculating 42/90 days for beginning of first issue. In case of a delay
in the publication of the first issue, a revised declaration should be filed. The publication must be
printed in the press mentioned in the declaration.

It must be noted that a certificate of registration will be issued by the Press Registrar. Following
is the list of documents required for the final registration of a newspaper/publication:

(i) A copy of the title verification letter issued by RNi.

(ii) Declaration (Form – I) filed by publisher and duly authenticated by
DM/DC/SDM/JCP/CMM.
(iii) A written agreement between owner of periodical. In case the owner of the periodical and
the owner of the printing press are not the same, the agreement submitted must bear both
the signatures.
(iv) A copy of the first issue i.e. volume 1, issue 1.
 17

Advertisement and law

Meaning:

Advertisement is the method of promoting rthe sale, generally used to promote marketing strategy.
Advertisement can be done by both printed and digital methhods. Television, radio, newspapers,
internet all can be used for the purpose of advertisement.

Laws on advertisement:

With modernization in india, new methods of dvertisements have been introduced. However, several
issues of misuse of advertisements have been observed, and this has forced the governments to
enforce strict laws to keep a check upon advertisements. In India several laws related to
advertisement control are there. Some of the important laws are:

1. Drugs and Cosmetics Act, 1940 – Section 29 of the Act imposes a penalty upon whoever uses
any report of a test or analysis made by the Central Drug Laboratory or by a Government
Analyst , or any extract from such report, for the purpose of advertising any drug. The
punishment prescribed for such offence is fine which may extend upto Rs.500/- and
imprisonment upto 10 years upon subsequent conviction.
2. The Consumer Protection Act, 1986 – Section 6 of the Act grants consumers the right to be
informed about the quality, quantity, potency, purity, standard and price of goods or services,
as the case may be, to protect the consumer against unfair trade practices. Section 2(r) of the
Act, under the definition the term “unfair trade practices”, it also covers the gamut of false
advertisements including misrepresentations or false allurements.
3. Advertising Restrictions Under Prenatal Diagnostic Techniques (Regulation and prevention of
Misuse) Act, 1994 – Under Section 22 of the Act advertisement in any manner regarding
facilities of pre-natal determination of sex available at any genetic counselling centre,
laboratory, clinic or any other place is prohibited und has been made a punishable offence.
4. The Cable Television Network (Regulations) Act, 1995 and the Cable Television Networks
(Amendment) Act, 2006 – Section 6 of the Cable Television Networks (Regulations) Act,
1995provides that no person shall send or transmit through a cable service any advertisement
unless such advertisement is in conformity with the advertisement code prescribed under the
Cable Television Networks (Amendment) rules, 2006. Rule 7 of the Cable Television Networks
(Amendment) Rules, 2006 lays down the “Advertising Code” for cable services which have
been formulated to conform to the laws of the country and to ensure that advertisements do
not offend morality, decency and religious susceptibilities of the subscribers.
5. Restrictions on Advertising under the Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution)
Act, 2003. – Section 5 of this Act prohibits both direct and indirect advertisements of tobacco
products in all forms of audio, visual and print media.
 18

Broadcast Media

The term “Broadcast Media” covers a wide range of different communication methods that include
television, radio, advertising, websites, online streaming and digital journalism. broadcast media
involves electronically and simultaneously containing sugnals, print messages and audio or
videocontent to a vast group of recipients .

The regulatory regime governing the broadcast media is contained under the Prasar Bharti Act, 1990
and the Cable Television Networks (Regulations) Act, 1995. And the rules framed thereunder. The
institutional structures and government bodies regulating the sector include the Ministry of
Information and Broadcasting and the Prasar Bharti. These governmental bodies have been entrusted
with the activities of governance through the issue of guidelines, policies and rules and granting of
licences for the broadcasting and electronic media sector. In 2004, broadcasting services and cable
services were included within the ambit of telecom services by a notification of the government. The
Telecom Regulatory Authority of India (TRAI), in addition to the telecom sector, has also been set up
as regulator for the media and broadcasting industry and the Telecome Disputes Settlement and
Appellate Tribunal (TDSAT) has the power to adjudicate on disputes.

The MIB has responsibility for the granting of licences for broadcasting and the regulating
broadcasting services in India. Applicants for the licence or permission toprovide broadcasting services
have to be made to the Ministry of Information and Broadcasting (MIB) in the prescribed manner.
Once the MIB grants permission, the industry players would have to comply with the conditions
prescribed by the Ministry.

It is no denying the fact that freedom of speech and expression is an essential pre-requisite of the
democratic society. The individual’s right to broadcast through the electronic media very well comes
under the freedom of speech and expression guarantedd by article 19(1)(a) of the Indian Constitution.
This notion of freedom coping with the time has adopted itself to the changing needs of the society
with strong support and recognition by the judiciary.
 19

Information Technology

Meaning:

Information technology is the use of any computers, storage, networking and other physical devises,
infrastructures and processes to create, process, store, secure and exchange all forms of electronic
data. In other words, information technology is the study or use of systems especially computers and
telecommunications for storing, retrieving and sending information.

Information technology involves the study and application of computers and any type of
telecommunication that store, retrieve, study, transmit, manipulate data and send information. IT
involves a combination of hardware and software that is used to perform the essential tasks that
people need and use on the everyday basis.

Scope:

There are many scope of information technology. Some of the important scopes of IT are discussed
below:

1. Business: Since the arrival of computers, the entire face of the business world has been
changed. To run the different dapartments of business swiftly, use of IT is important and it is
possible with computers and softwares. The use of IT can be seen in departments such as
finance, human resources, manufacturing and security. With the advancement of IT, one can
access the system of the company from any place. It is not necessary for the authority to be
in the office only. Easy access to the system has surely increased one’s productivity without
any physical presence of person in the office.
2. Education: IT enables teachers and students to be up to date with new techniques and help
the to be updated with latest technologies such as use of tablets, mobile phones, computers
etc. in education. IT helps both the teachers and students to learn new things. With the
advancement of IT, the education field has transformed its outlook and has adopted a modern
way of teaching and learning. Teaching on the blackboard is now an old thing. Teachers and
institutions are using modern gadgets to teach their students. A computer with an internet
connection helps students to learn new things and understand thee topics easily and deeply.
3. Finance: IT opens the doors for traders and common people to do online purchases. Banks
keep records of all the transactions and accounts through computers. Unlike before, now the
transactions and other deals have become faster and easier. Now, buying and selling are too
easy. Customers can buy online from their locals, national or international vendors.
4. Healthcare: With IT, the field of medicine and health has been seeing tremendous
improvements. For doctors, sending and receiving information, checking patients and
discussing with other experts have become very convenient. Also, it reduces the time taken
in paperwork. Patients can now connect with doctors and take advice online. Also, there are
many virtual healthcare applications available to provide guidance. Electronic health records
and tele-medicines are delivering efficient and quality health to patients.
5. Security: Online transactions and keeping records of all the online transactions ate now more
safe than earlier times. Only proper management and a person responsible for the system can
access the data online. It prohibits any random person from checking the details. All these
have been made possible by keeping the system password proof. Only permissible authority
can access one’s information.
6. Communication: With improvements in IT, globalization has increased. The world is brought
closer and the world’s economy is quickly becoming a single interdependent system.
 20

Information can be shared quickly and easily from all over the glob and barriers of linguistic
and geographic boundaries can be torn down as people share ideas and information with each
other. With wireless communication mediums, news broadcasts have become easier. Only a
few second are needed to know the news from any corner of the world. Now, the
communication between people has become cheaper, easier and faster than ever before.
Video calling, sending e-mails are so easy nowadays. There are so many apps available online
to provide these services.
7. Employment: With IT, new jobs have been introduced. It creates new jobs for programmers,
hardware and software developers, system analyzers, web designers and many others. IT has
opened an entirely new fields and thousands of jobs for IT professionals.
8. Entertainment: Use of the internet on mobile phones, tablets, laptops, iPods and other
gadgets has been offering us unlimited access to entertainment mediums. People can watch
movies or new songs on different apps.

Electronic Transactions

An electronic transaction is the sale or purchase of goods or services, whether between businesses,
households, individuals and other public or private organisations, conducted over computer-mediated
networks. In other words, an electronic transaction may also be defined as payment, funds transfer,
and case withdrawal transactions that are initiated on card account using electronic equipments and
not intended to be authenticated by comparing a manual signature with a specimen signature.

E-transaction, e-commerce, e-wallets – all those financial terms can be grouped under one category
called electronic transactions. Letter “e” is just shortening form of “electronic”. So, basically
everything which is done electronically or online is celled electronic transaction. It is a business process
where money is transferred electronically from one place to another. It could be through internet
banking, ATM, from stock exchange trades or just an invoice completion for some service/goods.

Electronic transaction laws in India:

Under the provisions of the Information Technology Act, 2000 Particularly Section 10-A, an
electronic contract is valid and enforceable. The only essential requirements to validate an electronic
transaction or contract is compliance with the necessary pre-requisites provided under the Indian
Contract Act, 1872.

The provisions of the Information Technology Act, 2000 give legal recognition to an electronic
contract. Section 10-A of the Act provides that “where in a contract formation, the communication of
proposal, the acceptance of proposals, the revocation of proposals and acceptances, as the case may
be, are expressed in electronic form or by means of an electronic record, such contract shall not be
deemed to be unenforceable solely on the ground that such electronic form or means was used for
that purpose”.

E-contracts can be entered into through modes of communication such as e-mail, internet and ffax.
The only essential requirement to validate an e-contract or transaction is compliance with the pre-
requisites provided under the Indian Contract Act, 1872 which are;

(i) Offer and unconditional acceptance – which may be made online or by e-mail
communication.
 21

(ii) Lawful purpose and consideration – a contract is enforceable by law only when it is made
for lawful purpose and for some consideration. It must not defeat any provision of law
and must not be fraudulent in nature.
(iii) Capacity of parties and free consent – parties to a contract are capable of entering into a
contract, it they satisfy the requirements of Sections 11 and 12 of the Indian Contract Act,
1872 and consent of the parties must be free as per Section 13 of the same Act.

The Indian Contract Act has not specifically laid down any specific way of communicating an offer and
what constitute its acceptance. The same can be achieved verbally, in writing, or even through
conduct. This shows that even in its simplicity, an e-contract is as valid as a traditional written contract;
the only condition or requirement being that an e-contract should possess all the essentials of a valid
contract.

The courts in India recognize electronic documents under section 65-A of the Indian Evidence Act,
1872. The procedure for furnishing electronic documents as evidence is provided under Section 65-B
of the Indian Evidence Act, 1872. As per Section 65-B of the Act, any information contained in an
electronic record produced by a computer in printed, stored or copied form shall be deemed to be a
document and it can be admissible as evidence in any proceeding without further proof of the original.

It may be concluded that where various steps of a contract have been affected through electronic
means, the parties are at consensus id idem and such an agreement fulfills all the essentials of a valid
contract under the Indian Contract Act, 1872, then, such a contract or electronic transaction is valid
and enforceable.

Cyber Crimes in India

Meaning of cyber crimes:

Cyber crime is not defined in Information Technology Act, 2000 nor in the Information Technology
(Amendment) Act, 2008 nor in any other legislation in India. Cyber crime is a just a crime related with
computer or any other electronic gadgets. In a simple term cybercrime may be defined as a crime
committed through in a computer or any other electronic gadgets. Even a petty offence like theft can
be be brought within the broader purview of cybercrime if the basic data or aid to such an offence is
a computer or an information stored in a computer used (misused) by the fraudster.

Cyber Laws in India:

1. Information Technology Act, 2000:

The Government of India enacted its Information Technolgy act, 2000 with the objectives to
“provide legal recognition for transactions carried out by means of electronic data
interchange and other means of electronic communication, commonly referred to as
‘electronic commerce’, which involve the use of alternatives to paper-based methods of
communication and storage of information, to facilitate electronic filing of documents with
the Government agencies and further to amend the Indian Penal Code, 1862, the Indian
Evidence Act, 1872, the Bankers’ Books Evidence Act, 1891 and the reserve Bank of India
Act, 1934 and for matters connected therewith or incidental thereto”. This Act was amended
in 2008 and was made effective from 27th October, 2009.

Some of the notable features of this amended Act are-

(i) Focusing on data privacy

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(ii) Focusing on information security

(iii) Defining cyber café
(iv) Making digital signature technology neutral
(v) Defining reasonable security practices to be followed by corporate
(vi) Redefining the role of intermediaries
(vii) Recognising the role of Indian Computer Emergency Response Team
(viii) Inclusion of some additional cyber crimes like child pornography and cyber terrorism
(ix) Authorising an Inspector to investigate cyber offences (as against the DSP earlier)

Section 2 of the Information Technology Act, 2000 defines many important words used in common
computer parlance like ‘access’, ‘computer resource’, ‘communication device’, ‘data’, ‘information’,
‘security procedure’ etc. The definition of the word ‘computer’ itself assumes significance here. Under
section 2(i) of the Act, computer means any electronic magnetic, optimal or other high-speed data
processing device or system which performs logical, arithmetic, and memory functions by
manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing,
storage, computer software, or communication facilities which are connected or related to the
computer in a computer system or computer network.

Section 3 which was originally “Digital Signature” was later renamed as “Digital Signature and
Electronic Signature” in the amendment Act. It introduces technological neutrality by adoption of
electronic signatures as a legally valid mode of executing signatures. This includes digital signatures as
one of the modes of signatures and is far broader in ambit covering biometrics and other new forms
of creating electronic signatures. Section 43 deals with penalties and compensation for damage to
computer, computer system etc. this section is the first major and significant legislative step in India
to combat the issue of data theft, just like physical theft or larceny of goods and commodities. Under
this section if any person without permission of the owner or any other person who is in charge of a
computer, accesses or downloads, copies or extracts any data or introduces any computer
contaminant like virus or damage or disrupts any computer or denies access to a computer to an
authorized user or tampers etc., he will be liable to pay damages to the person so affected. The
essence of this section is Civil Liability. The criminal liability of the offence of data theft is being dealt
with under Sections 65 and 66 of the Act.

Section 67 of the Act deals with publishing or transmitting obscene material in electronic form.
Whoever publishes or transmits any material which is lascivious or appeals to the prurient interest or
if its effect is such as to tend to deprave and corrupt persons who are likely to read the matter
contained in it, shall be punished with first conviction for a term upto 3 years and fine of five lakh
rupees and in second conviction for a term of five years and a fine of ten lakh rupees or both. Section
67-A deals with publishing or transmitting of materials sexually explicit act in electronic form. Contents
of Section 67 when combined with the material containing sexually explicit material attract penalty
under this Section. Child pornography has been dealt with under Section 67- B. Punishment for child
pornography is imprisonment for a maximum of five years and fine of ten lakh rupees in first conviction
and in the event of subsequent conviction with imprisonment of seven years and fine of ten lakh
rupees.

2. The Indian Penal Code, 1860:

IPC is a very powerful legislation and probably the most widely used in criminal jurisprudence,
serving the major criminal law of India. In independent India, many special criminal laws have
been enacted which are often referred to and relied upon, as an additional legal provision in
cases which refer to the relevant provisions of IPC. The IT Act, 2000 has amended the sections
dealing with records and documents in the IPC by inserting the word “electronic” thereby
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treating the electronic records and documents on a par with physical records and documents.
The Sections 192, 204, 463, 464, 468 to 471, 474, 476 etc.dealing with false entry in a record
or false document etc. have been amended as electronic record and electronic document
thereby bringing within the ambit of IPC, all crimes to an electronic record and electronic
document just like physical acts of forgery or falsification of physical records.
3. Indian Evidence Act, 1872:
This is another legislation amended by the ITA. Admissibility of electronic records as evidence
as enshrined in Section 65B of the Act assumes significance. This is an elaborate section and a
landmark piece of legislation in the area of evidences produced from computer or electronic
device. Any information contained in an electronic record which is printed on a paper, stored,
recorded or copied in optical or magnetic media produced by a computer shall be treated like
a document, without further proof or production of the original.
In other words, evidences (information) taken from computers or electronic storage devices
and produced as print-outs or in electronic media are valid if they are taken from system
handled properly with no scope for manipulation of data and ensuring integrity of the datta
produced directly with or without human intervention etc and accompanied by a certificate
signed by a responsible person declaring as to the correctness of the records taken from a
system of computer with all the precautions as laid down in the Section.
4. The Bankers’ Books Evidence Act, 1891:
Amendment to this Act has been included as the Third Schedule in ITA. Prior to passing of ITA,
any evidence from a bank to be produced in a court, necessitated production of the original
ledger or other register for verification at some stage with the copy retained in the court
records as exhibits. Just like in the Indian Evidence Act, the provisions in Bankers’ Books
Evidence Act make the printout from a computer system or a floppy or disc or a tap as a valid
document and evidence, provided, such print-out is accompanied by a certificate stating that
it is true extract from the official records of the bank and that such entries or records are from
a computerized system with proper integrity of data, wherein data cannot be manipulated or
accesses in an unauthorized manner or is not lost or tamperable due to system failure or such
other reasons.
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Indian Evidence Act, 1872 on Electronic Records

The concept of “electronic evidence” has been introduced by the Information Technology Act, 2000.
The Indian Evidence Act, 1872 was amended by virtue of Section 92 of the ITA and the term “evidence”
was amended to include “electronic record”, thereby allowing for admissibility of the digital evidence.
Section 65A of the Evidence Act provides that the contents of electronic records may be proved in
accordance with the provisions of section 65B of the same Act. Thus, any documentary evidence by
way of an electronic record can be proved only in accordance with the procedure prescribed under
Section 65B of the Evidence Act. Section 65B of the Evidence Act provides that notwithstanding
anything contained in the evidence Act, any information contained in an electronic record, whether it
be the contents of a document or communication printed on paper, or stored, recorded, copied in
optical or magnetic media produced by a computer, it is deemed to be a document and is admissible
in evidence without further proof of the production of the original, subject to satisfaction of the
conditions set out in section 65B (2)-(5) of the Evidence Act.

Sub-section (2) of Section 65B of the Evidence Act, 1872 lists conditions where a computer output of
an original record may be used as secondary evidence –

(i) At the ttime of the creation of the electronic record, the computer that produced it must
have been in regular use.
(ii) The kind of information contained in the electronic record must have been regularly and
ordinarily fed in to the computer
(iii) The computer was operating properly and
(iv) The duplicate copy must be a reproduction of the original electronic record.

As can be inferred the above conditions relate to veracity of the data. The conditions have a two-fold
impacts as they (a) ensure that there has been no unauthorized use of the data and (b) the device was
functioning properly, ensuring accuracy and genuineness of the reproduced data.

Sub-section (3) of Section 65B of the Act is self-explanatory and confirms that if the user has been
using a networked devices (different combinations of computers using in succession) either to store
or process information, all the connected devices will be considered to be a single device.

Information Technology Act, 2000 on Electronic Records

The Information Technology Act, 2000 aims to provide for the legal framework so that legal sanctity
is accorded to all electronic records and other activities carried out by electronic means. The said Act
further states that unless otherwise agreed, an accrptance of contract may be expressed by electronic
means of communication and the same shall have legal validity and enforceability.

Under Section 2 (t) of the Information Technology Act, 2000 ‘’electronic records” means data, record
or data generated, image or sound stored, received or sent in an electronic form or micro film or
computer generated micro fiche.

Various sections under the ITA deals with the recognition of electronic records, to what extent they
can be used and their scope in today’s world. Section 4 of the Act confers legal recognition of
electronic records. Paper-based documents are equated with electronic records so long as they are
made available in electronic form and are accessible so as to be usable for a subsequent reference. It
provides that where any law requires that any information or matter should be in the typewritten or
printed form then such requirement shall be deemed to be satisfied if it is in an electronic form.
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Offences and penalty under ITA:

Numerous offences and penalty are provided under the ITA. Some of them are discussed as under:

Tampering with computer source documents: Section 65 of this Act provides that whoever knowingly
or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal,
destroy or alter any computer source code used for a computer, computer programme, computer
system or computer network, when the computer source code is required to be kept or maintained
by law for time being in force, shall be punishable with imprisonment up to three years, or with fine
which may extend up to two lakh rupees, or with both.

For the purpose of this section “computer source code” means the listing of programmes,
computer commands, design and layout and programme analysis of computer resource in any
form.
1. Hacking with the computer system: Section 66 provides (1) whoever with the intent to cause
or knowing that he is likely to cause wrongful loss or damage to the public or any person
destroys or deletes or alters any information residing in a computer resource or diminishes its
value or utility or affects it injuriously by any means, commits hacking. (2) Whoever commits
hacking shall be punished with imprisonment up to three years, or with fine which may extend
up to two lakh rupees, or with both.
2. Publishing of obscene information in electronic form: Section 67 of this Act provides that
whoever publishes or transmits or causes to be published in the electronic form, any material
which is lascivious or appeals to the prurient interest or if its effect is such as to tend to
deprave and corrupt persons who are likely, having regard to all relevant circumstances, to
read or see or hear the matter contained or embodied init, shall be punished on first
conviction with imprisonment of either description for a term which may extend to five years
and with fine which may extend to one lakh rupees and in the event of a second or subsequent
conviction with imprisonment of wither description for a term which may extend to ten years
and also with fine which may extend to two lakh rupees.
3. Misrepresentation: Under Section 71 of the Act whoever makes any misrepresentation to, or
suppresses any material fact from the Controller or the Certifying Authority for obtaining any
licence or digital signature certificate, as the case may be, shall be punished with
imprisonment for a term which may extend to two years, or with fine which may extend to
one lakh rupees, or with both.
4. Breach of confidentiality and privacy: Under Section 72 of the Act any person who, in
pursuance of any of the powers conferred under this Act, rules or regulation made
thereunder, has secured assess to any electronic record, book, register, correspondence,
information, document or other material without the consent of the person concerned
discloses such material to any other person shall be punished with imprisonment for a term
which may extend to two years, or with fine which may extend to one lakh rupees, or with
both.
5. Confiscation: Under Section 76 of the Act any computer, computer system, floppies, compact
discs, tape drives, or any other accessories related thereto, in respect of which any provision
of this Act, rules, orders, or regulations made thereunder has been, or is being contravened,
shall be liable to confiscation.
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