COURSE HANDOUT FOR MEDIA LAW

Faculty: Mr. R. Ramesh and Mr. Irfan Rasool

Section: Class of 2014

OBJECT AND PURPOSE:

The media are of outstanding importance for any democratic State and certainly beyond it. A free
and independent media is essential to any free society, it pursue those stories that are important,
politically, economically, socially, morally or otherwise, for the society as a whole, without fear
or favor. In this course the primary focus will be to examine and assess the present legal system
and practices in which media operate in India. A comparative analysis will be handled wherever
desired. It shall also include critical examination of the primary functions of the organs of the
State to analyze whether there exists a gap between the is and the ought.
TEACHING METHODOLOGY:
Teaching methodology essentially will comprise combination of descriptive, analytical and
cratological evaluation on the subject matter.
UNIT
01

TOPICS
MEDIA AND ITS STRUCTURE

HOURS
06

Meaning of mass media; concept and nature of mass media; evolution of

media; functions and effects of media on society; ethical theories and
framework of media; types of media; organizational structure and
management of mass media in India.
02

MEDIA AND THE CONSTITUTION

06

Freedom of speech and expression; comparative study with International

Conventions; judicial interpretation; media and right to privacy; media
and Parliamentary Privileges
03

MEDIA AND THE LEGAL FRAMEWORK-I

06

Press in India; the Press Council Act, 1971; press and registration; laws
relating to newspaper; advertisement and ethics (commercial
advertisement and consumer justice); Advertisement Standard Council
of India (ASCI); accountability and independence of press.
04

MEDIA AND LEGAL FRAMEWORK II

06

Law of defamation; obscenity; Blasphemy; Sedition; Hate Speech;

Parliamentary Proceedings (Protection of Publication) Act 1977;
Contempt of Court Act, 1971; Official Secret Act, 1923; media and
public morality.
05

LAW OF ELECTRONIC MEDIA

Origin and impact of films; Film Censorship; Cinematography Act,

1952 and relevant rules; Electronic Broadcasting Media; Evolution and
reforms of Broadcasting in India; Judicial Recognition of the Right to
Broadcasting; Cable Television Act 1995; Internet as new Media; Rules
of Cyber Security

06

06

MEDIA AND SOCIETY

06

Effects of T. V on People; Sensationalisation; Colored Reporting; Media

Controlled by Political Parties; Communal Writing; Media Trial; Hate
Speech; Constitutional Restrictions; Judicial Decision of Doordarshan
Decision; Media and Human Rights (Venerable Groups); Role and
Responsibility of Media during Emergency and Elections.
07

RIGHT TO INFORMATION LAW-I

06

Right to Information; Silent Features of the Right to Information Act,

2005; Right to Information and Obligations of Public Authorities;
Procedure for Seeking Information
08

RIGHT TO INFORMATION LAW-II

06

The Central Information Commission; The State Information

Commission; Powers and Functions of the Information Commission;
Appeal and Penalties; Rules and Regulations Relating to the Right to
Information. .
Internal evaluation
Pre-Mid Term: Date
CIA I
6th January 2014
CIA-II
31st January 2014
Post-Mid Term: Date
CIA I
28th February 2014
CIA-II
24th March 2014

BRIEFING ABOUT CHAPTERS:

Unit I:
In this part the importance and significance of media and development of media law and ethics
shall be analyzed. It will also include a comparative analysis, in general, on the subject matter to
understand the framework within which law and ethics regulate media.
Unit II:
In this part shall be analyzed the constitutional development of freedom of speech and expression
relating to media. It shall also include judicial interpretation of the constitutional and statutory
rights. The chapter shall essentially comprise a cratological critic on the subject matter.
Unit III:
The in part shall be analyzed the statutes, rules and regulations regulating media. It shall include
a critical analysis of the legal framework regulating media and the limits of media within such
legal structure.

Unit IV:
In this part shall be analyzed the relevant provisions of the law which come in conflict with the
freedom of media. It may also involve a comparative study.
Unit V
In this part shall be analyzed in general communication linkages, and in particular Cinema, TV,
Radio and Internet, and their correlation to the subject matters. This part will look into different
statutes and regulations in relation to the subject matter.
Unit VI:
In this part shall be analyzed the effects of media on society as whole and the role and
responsibility of media in a society. It shall essentially involve analysis of State as a controlling
organ from a cratological perspective.
Unit VII and VIII:
In this part shall be analyzed the importance of the Right to Information Act. The functions and
powers of appropriate Commissions shall be analyzed and critically evaluated.

Recommended cases:
1.
Arubdhati Roy, In re (2002) 3 SCC 343.
2.
Avinash Bajaj v. State (2005) 3 Comp LJ 364 (Del).
3.
Pratibah Naitthani v. U.O.I (2005)
4.
Ranjit D . Udeshi v. State of Maharashtra,AIR 1965 SC 881.
5.
K.A. Abbas v. U.O.I (1970) 2 SCC 780.
6.
Booby Art Internatioanal v. Ompal Singh Hoon, (1996) $ SCC 1.
7.
Hamdard Dawakhana v. U.O.I AIR 1960 SC 554.
8.
Tata Press Ltd. v. Mahanagar Telephome Nigam ltd. (1995) 5 SCC 139.
9.
J.R. Parashar v. Prashant Bhushan (2001) 6 SCC 735.
10. Secy,Ministry of Information & Broadcasting v. Cricket Assn. Bengal
(1995)2 SCC 161.
11. Maneka Ghandhi v. U.O.I (1978)1 SCC 248.
Recommended Readings:
1.
Facets of Media Law: Madhavi Garodfia Divan.
2.
Law of Expression: Sridhar M
3.
Media Law: Dr S R Myneni
4.
Law of Electronic Media and Regulation: Dr. Umar Sama,.
5.
Freedom of Press, Political Legal Aspects of Press Legislative in India:
Sita Bhatia