The document discusses media law and the history of media in India and other countries. It outlines how mass media serves important functions like entertainment, advertising, and social reform. The history of media law in India from the 1860 Indian Penal Code to the modern Right to Information Act is examined. Media systems in other countries like the US and protections for press freedom in international agreements are also reviewed. The document also looks at traditional and new forms of media, as well as public and private media ownership models in India.
The document discusses media law and the history of media in India and other countries. It outlines how mass media serves important functions like entertainment, advertising, and social reform. The history of media law in India from the 1860 Indian Penal Code to the modern Right to Information Act is examined. Media systems in other countries like the US and protections for press freedom in international agreements are also reviewed. The document also looks at traditional and new forms of media, as well as public and private media ownership models in India.
The document discusses media law and the history of media in India and other countries. It outlines how mass media serves important functions like entertainment, advertising, and social reform. The history of media law in India from the 1860 Indian Penal Code to the modern Right to Information Act is examined. Media systems in other countries like the US and protections for press freedom in international agreements are also reviewed. The document also looks at traditional and new forms of media, as well as public and private media ownership models in India.
The document discusses media law and the history of media in India and other countries. It outlines how mass media serves important functions like entertainment, advertising, and social reform. The history of media law in India from the 1860 Indian Penal Code to the modern Right to Information Act is examined. Media systems in other countries like the US and protections for press freedom in international agreements are also reviewed. The document also looks at traditional and new forms of media, as well as public and private media ownership models in India.
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MEDIA LAW
Introduction
What is Good governance?
Free exchange of ideas is essential which is possible only when media steps into the society.
Guardian of democracy – FR - Article 19(1) (a)
Realizing the goals of socio - economic justice.
Multilingual , Multi-religious country – role to protect all kinds of people.
MEDIA
Communication is a fundamental human requirement
It’s a mode through which human exchange information.
What is Mass Media?
The word medium comes from the Latin word medius (middle).
The word “communication” is derived from the Latin root “communis” meaning “Sharing”
Media Provides a vehicle of communication
Role of Mass Media
Important function is entertainment.
Mass media means technology that is intended to reach a mass audience.
Another vital function is advertising. Selling the goods and services.
This commercial function helps the mass media instrument to survive and do business.
It’s a vehicle for social reforms and religious reforms.
Ventilating the views and grievances of the people
Monitor of the performance of those in the authority.
History
Dramas Printing Press invention by John Gutenberg.
Audio-visual facilities became popular.
There was no press regulation until the British East India Company started ruling a part of India after the Battle of Plassey in 1757.
William Bolts, an ex-employee of the British East-India Company attempted to start the first newspaper in India in 1766 but was deported.
History
The Indian media was initiated since the late 18th century with print media’s start in 1780.
James Augustus Hickey is considered as the father of Indian Press.
He started the first newspaper from Calcutta General Advertise also known as the Bengal Gazette in January in 1780.
20th Century – growth of mass media was driven by technology
Radio, television and video
LEGAL HISTORY
Indian Penal Code, 1860 – Sedition (sec 124 A), offences of defamation, obscenity.
Section 124-A of Indian Penal Code relating to sedition should be amended so as to apply only to acts or words which either incite disorder or are intended or tend to incite disorder.
Registration of Books Act, 1867
To regulate the printing presses and newspapers and also to preserve copies of books printed in British India and also the restriction on those books. The Act of 1867 is still in force although certain amendments were made in 1893 and 1940.
Vernacular Press Act, 1878 – aim is to suppress seditious writings. This act also gave powers to issue warrant and enter the premises of any press. It was repealed in 1881.
The Dramatic Performances Act,1876
This Act empowers the Government to prohibit public dramatic performances which are scandalous, defamatory, seditions or obscene. The Act came into force under the administration of Viceroy Northbrook. The Act outlined the restrictions that public performances of a play, pantomime or any other drama would have to adhere to, if a State Government judged any play to be of scandalous nature; disrupting social values;
The Indian Telegraphic Act,1885
The Government had exclusive privilege under this Act in respect of telegraph and power to grant licenses. The definition of telegraph in this Act is very wide as it later covered all other means of communication depending on electromagnetic waves, including teleprinter, telephone, fax, radio and television.
The Newspapers (Incitement of offences) Act, 1908:
The object of the Act was to put an end to the existence of those newspapers which contained any incitement to murder or any offence under the Explosive Substances Act, 1908 or any Act of violence.
The Indian Press Act, 1910 : Its aim was to provide for the better control of the press. The Act was directed against offences involving violence as well as sedition. The owners of the printing presses and publishers of newspapers were subject to very hard measures. The Act required security deposit by every person keeping a printing press.
In 1914, Indian Copyright Act, 1914 was passed, which was replaced by a comprehensive legislation in 1957 by the new Copyright Act (14 of 1957).
In 1918 Government passed the Cinematograph Act (2 of 1918), which was replaced by the Cinematograph Act, 1952 (37 of 1952).
The Official Secrets Act, 1923 : This Act was passed in order to update the existing provisions of Indian Official Secrets Act of 1889. Section 5 of this Act, which affects the press, deals with “official secrets” and relates to “wrongful communication of information.”
RTI Act, 2005
IT Act, 2000
Before taking action against the press under emergency legislation, Provincial Governments should invariably consult the Press Advisory Committee or similar body.
Section 144 Criminal Procedure Code should not be applied to the press and separate provisions should be made, if necessary, for dealing with the press in urgent cases of apprehended danger. History of Media in USA
From the 1830s onward the press began to play a major role in American journalism and technological advancements such as the telegraph and faster printing presses in the 1840’s helped expand the press of the nation as it experienced rapid economic and demographic growth.
MEDIA IN USA
Many of the Media are controlled by large for profit corporations who reap revenue from advertising, subscriptions and sale of copyrighted material.
The Telecommunications Act,1996- It aims to deregulate rules- Concentration of Media
ownership and emergence of multinational media conglomerates.
Media Cross Ownership- broadcast and cable television, film, radio, newspaper, magazine, book publishing, music, video games, and various online entities
Freedom of the press—the right to report news or circulate opinion without censorship from the government—was considered “one of the great bulwarks of liberty,” by the Founding Fathers of the United States.
US CONSTITUTION
First Amendment
The First Amendment, which protects freedom of the press, was adopted on December 15, 1791, as part of the Bill of Rights.
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
International Perspective
Article 19 of the Universal Declaration of Human Rights, 1948 declares the freedom of press
Article 19: Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 10 of the European Convention on Human Rights, 1950
Article 22 of the International Covenant of Civil and political Rights, 1966
Articles 6 of the International Covenant on Economic, Social and Cultural Rights, 1966
Freedom of press in different countries
(i)The First and Fourteenth Amendments to the Constitution of United States
(ii) Art 100 – Norway Constitution
(iii) the common Law of England,
(iv) Section 40 (6)(1) of the Constitution of Ireland, 1937.
(v) Section 18 (1) (e)(f)(g) of the Constitution of Sri Lanka, 1972.
(vi) Articles 50 and 51 of the Constitution of the USSR 1977,
