Beruflich Dokumente
Kultur Dokumente
Chapter – 1
MASS MEDIA
to reach a large audience. The term was coined in 1920, with the
Term can also be used as a collective noun for the press or news
The Indian media was initiated since the late 18th century with
many other journal - all british owned were produced many of them
India, the Rock Edicts of Emperor Ashoka, the Great (C. 273-236 BC)
false rumours. The Arthashastra and the Rock Edicts also speak of
5 Acta Diurna (Latin : Daily Acts sometimes translated as Daily Public Records) were daily
Roman official notices, a sort of daily gazette. They were carved on stone or metal and
presented in message boards in public places like the Forum of Rome. They were also called
simply Acta or Diurna or sometimes Acta Popidi or Acta Publica Available at:
www.google.com. (Visited on March 27, 2013).
6 K.M. Shrivastava, Media Laws : A Historical Perspective, Mass Media in India 22 (2009),
Publication Division, Ministry of information and Broadcasting, Government of India.
7 Author himself styles, Muntakhabu-i-hubab Muhammad Shahi is frequently called Tarikh-i-
Khafi Khan. It is a highly esteemed history, commencing with the Invasion of Babar, A.D.
1519, and concluding with fourteenth year of the reign of Muhammad Shah. Cited in K.M.
Shrivastava, Media Laws : A Historical Perspective, Mass Media in India 23 Publication
Division, Ministry of information and Broadcasting, Government of India (2009).
8 M.V. Desai, Communication Policies in India, UNESCO, Paris, 213 (1977).
4
free and could report even personal affairs of the Emperor. There was
via the cape route. But the Patriarch accompanying the press halted
en route at Goa. From Goa his onwards journey to Abyssinia was first
1562. The press intended for missionary work in Abyssinia never left
Goa, instead, it printed literature for Abyssinia from Goa.10 There was
9 K.M. Shrivastava, "Press Laws in India : Warren Hastings to Metcalfe", Indian Press, Journal
of Indian and Eastern Newspaper Society, Vol. IV NO. 8, August 1977.
10 Early Printing in India, Printing Times, Vol. 17, No. 1, WAPC Special, 28 (1993).
11 Supra n. 9.
5
clique (The Nabobs). At that time there was no law, which could
ultimately crushed J.A. Hicky. He had to sell his press and pass rest
12 Public Notice, Fort William, Nov. 14, 1780. [Cited in K.M. Shrivastava, Media Laws : A
Historical Perspective, Mass Media in India 25 (2009) Publication Division, Ministry of
information and Broadcasting, Government of India].
13 Ibid.
6
Madras, The Madras Courier (October 1785) also had trouble with the
should not carry any information which may prove helpful to the ruler
effects:
14 B.M. Shankdhar, "William Duane : A restless Crusader", Indian Press, Journal of Indian and
Eastern Newspaper Society, Vol. IV, No. 10, October 1977.
15 Richard Colley Wellesley, Marquess of (1760-1842), the East India company’s Governor
General of India, 1797-1805.
7
of war or peace with any of the Indian powers and all private scandals
to affect the influence and credit of the British power with native
Indian States.16
the newspapers not to publish any such information during the war
period. Lord Minto, who remained the Governor General during 1807-
in 1813. Five years after (1818) he abolished the post of censor on the
who was editor of Calcutta Journal and Raja Ram Mohan Roy, who
Munro’s Recommendations
and report on problems of press in India. Sir Munro's view was that
corrupt and disaffect the Indian army and work for the overthrow of
the British power. It might spread among the people the principles of
19 V.D. Mahajan, Modern Indian History 488 (S. Chand Group, 1993).
9
liberty and stimulate them to expel the strangers who rule over them
of strangers are things which are quite incompatible and cannot long
Government. All the papers and books printed under the system of
cancelled by Sir Charles Metcalfe.22 The latter took this step when he
Macaulay who was the member of the law commission with the
20 Supra n. 19.
21 Report of the Press Commission, Part II, 21 (1954).
22 In 1830, Sir Charles Metcalfe, as a member of Governor-General’s council, said, ―I think on
the present occasion that I will be infinitely better to allow anything to the said, that to furnish
a new source of discontent, by crushing the expression of public opinion. I have, for my own
part, always advocated the liberty of press, believing its benefits to out weight its mischief and
I continue to have the same opinion.‖ Charles Theophilus Metcalfe, 1st Baron Metcalfe (1785-
1846), was the second son of Thomas Theophilus Metcalfe, then a major in the Bengal army,
who afterwards become a director of the British East India Company, and was created a
baronet in 1802. Cited in K.M. Shrivastava, Media Laws : A Historical Perspective, Mass
Media in India 10 (2009) Publication Division, Ministry of information and Broadcasting,
Government of India.
10
obtaining prior permission but at the same time make him liable for
rupees five thousand and imprisonment for a term not exceeding two
established under the Act of 1835 upto 1857, when the mutiny broke
1860, the Indian Penal Code was enacted. Though the code was not
directed specifically against the press, it laid down offences which any
obscenity.26
Press and Registration of Books Act, 1867 : The object of this Act
cause of the poor. The Amrit Bazar Patrika made its first appearance
Ghosh.28
Indian Penal Code 1860, Section 295. Injuring or defiling place of worship with intent to
insult the religion of any class : Whoever destroys, damages or defiles any place of worship,
or any object held sacred by any class of persons with the intention of thereby insulting the
religion of any class of persons or with the knowing ledge that any class of persons is likely to
consider such destruction, damage or defilement as an insult to their religion, shall be
punishable with imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
27 Ibid.
28 Kalapan Bishvi, "The Vernacular Newspaper Press of Bengal of the Post-Mutiny period with
particular reference to the period 1880-1892", Cited in S.P. Sen (Ed.), The Indian Press, n. 36,
5 (1989).
12
Penal Code in 1870, making penal all seditious writings and speeches
license to enter the place, arrest the person, seize the scenary,
1860.
declared in 1933 that the Act is one of the “obsolete laws” that exists
and to enter the premises of any press, even without orders from any
the press plant, the deposit etc. in the event of the publication of some
proofs to the official censor and dropping all rejected matter and thus
escape from the clutches of law.32 Vernacular Press Act was repealed
highlighting the aims and objects of the congress. Press became more
during the last days of Lord Dufferin.35 Press started publishing secret
the Indian Official Documents and Information Act, 1889. The Act
information. The Act was needed more for the Anglo-Indian Press than
for the Indian Press because the Anglo-Indian papers were in the habit
uneasy.36
The Indian Council Act, 1892 : This Act added new dimensions to
law of sedition more effective. The changes in the Penal Code made by
the Amendment Act with which the press was concerned were:
34 G.S. Chabbra, Advanced Study in the Constitutional History of India 181 (Prakash brothers
Delhi, 1973).
35 Frederick Temple Hamilton, Temple Blackwood, 1st Marquess of Dufferin and Ava, (1826-
1902). Cited in K.M. Shrivastava, Media Laws : A Historical Perspective, Mass Media in
India 30 (2009) Publication Division, Ministry of information and Broadcasting, Government
of India.
36 Ibid.
16
between classes,
37 153A : Promoting enmity between different groups on grounds of religion, race, place of
birth, residence, language, etc., and doing acts prejudicial to maintains of harmony :
(1) Whoever
(a) by words, either spoken or written, or by signs or by visible representations or otherwise,
promotes or attempts to promote, on ground of religion , race, place of birth, residence,
language, caste or fallings or enmity, hatred or ill- will between different religious, racial,
language or regional groups or castes or communities, or
(b) Commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities ,or 2[(c) organizes any
exercise, movement, drill or other similar activity intending that violence or knowing it to be
likely that the participants in such activity will use or be trained to use criminal force or
violence , or participates in such activity intending to use or be trained to use or e trained to
use criminal force or violence or knowing it to be likely that the participants in such activity
will used or be trained to use criminal force or violence, against any religious, racial, language
or regional group or caste or community and such activity for any reason whatsoever causes or
is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious,
religious, racial, language or regional group or caste or community,] shall be punished with
imprisonment which may extend to three years, or with fine, or with both. Offence committed
in place of worship, etc.- (2) Whoever commits an offence specified in sub-section (1) in any
place of worship or in any assembly engaged in the performance of religious ceremonies, shall
be punished with imprisonment which may extend to five years and shall also be liable to fine.
38 505 : Statements conducing to public mischief :
(1) Whoever makes, publishes or circulates any statement, rumour or report,--
(a) with intent to cause, or which is likely to cause, any officer, soldier,[sailor or airman]
in the Army, [Navy or Air Force] [of India] to mutiny or otherwise disregard or fail in his
duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any
section of the public whereby any person may be induced to commit an offence against
the State or against the public tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to
commit any offence against any other class or community; shall be punished with
imprisonment which may extend to [three years], or with fine, or with both.
(2) Statements creating or promoting enmity, hatred or ill-will between classes.— Whoever
makes, publishes or circulates any statement or report containing rumour or alarming news
with intent to create or promote, or which is likely to create or promote, on grounds of
religion, race, place of birth, residence, language, caste or community or any other ground
whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language
or regional groups or castes or communicates, shall be punished with imprisonment which
may extend to three years, or with fine, or with both.
(3) Offence under sub-section (2) committed in place of worship, etc. : Whoever commits an
offence specified in sub-section (2) in any place of worship or in an assembly engaged in the
performance of religious worship religious ceremonies, shall be punished with imprisonment
which may extend to five years and shall also be liable to fine.
17
offences) Act, 1908 was passed in June 1908. The object of the Act
the evidence the magistrate was satisfied that the newspaper had
and the police was directed to attach the press and other property
publication. Although the Government had vast powers under the Act
the press. Consequently, the Indian Press Act was passed in 1910 to
Exception : It does not amount to an offence, within the meaning of this section when the
person making, publishing or circulating any such statement, rumour or report, has reasonable
grounds for believing that such statement, rumour or report is true and makes, publishes or
circulates it [in good faith and] without any such intent as aforesaid.
18
The Indian Press Act, 1910 : Its aim was to provide for the better
control of the press. The Act was directed against offences involving
The Act provided forfeiture of such deposit in all cases where the
39 In K.A. Abbas v. Union of India (1970) 2 SCC 780, The Supreme Court held that censorship
in India has full justification in the field of the exhibition of cinema films. It is in the interest
of society. The censorship of films including prior restraint is justified under the constitution.
It has been almost universally recognized that the treatment of motion pictures must be
different from that of art & other forms of art and expression.
19
The Official Secrets Act, 1923 : This Act was passed in order to
Section 5 of this Act, which affects the press, deals with “official
representations which
The Indian States (Protection) Act, 1934 : The object of this Act was
India Act was passed. Action was taken against those newspapers
which dared to violate the rules and law framed under this Act.
The Press Trust of India Ltd., 1948 : The organization took over the
supply of news to and from India. This was done on the basis of an
Press to get complete control over its own internal news supply. The
to all newspapers of India. The Press Trust of India has now become
danger.
objects of the Act, new law was directed against the encouragement of
objectionable matter.
press commission to enquire into the state of the press and to indicate
ELECTRONIC MEDIA
47 The Press Council Act, 1965 established press council to safeguard freedom of press and
standards of journalism. It was abolished by the Press Council (Repeal) Act 1976 during
emergency imposed by Mrs. Indira Gandhi in June 1975. After the 1977 General Election in
which Mrs. Gandhi lost and the Janata Govt. that come to power revived the press council by
Act 37 of 1978.
48 It led to similar demand by Cine-Workers that ultimately led to the cine-workers and Cinema
Theatre Workers (Regulation of Employment) Act 1981, and Cine-Workers Welfare Cess Act,
1981.
49 The Working Journalists Act, 1955 gives job security to working journalists, provides for
Statutory Wage Boards, entitled them to payment of a gratuity and provident fund. It also
regulates hours of work, holidays and notice period for termination of service.
23
new media are in the form of digital media. An equipment used in the
as electronic media.
radio. Radio – as single voice mile way trilled millions across the
issues.50
RADIO
and in the same year, The Indian Broadcasting was named All India
Radio (AIR). During the time of independence, six radio stations came
From 1957, All India Radio was known as Akashvani. In 1957, Vividh
Bharti, the All India Radio variety programme service was started at
Bombay. In 1969, a new channel „Yuva Vani‟ was started at Delhi. The
1970. In 1976, Radio and television were separated and became two
areas, 40% people in India are below the poverty line and half the
TELEVISION
that year appeared the first satellite called the bold bird. In 1965 came
September 15, 1959. The declared aim was to discover what television
was started.54
54 Supra n. 53.
26
and National Geographic keep the inquisitive mind busy and satisfy
look.
internet and cinema which are fast growing and are extremely
wisely used.55
MASS COMMUNICATION
existence by Act of 1997 and Doordarshan and All India Radio is put
under it. Broadcasting sector has about 828 private channels56 and
cable network all over the country. The information sector includes
Publication Division,
Film Institute, Film Archives of India and Children's Film Society. The
government has set two film institutes one at Pune and other at
Kolkata.57
than 1,000 terrestrial transmit has been created all over the country.
dissemination58
receiving end the computers being used as a tool not only for
broadcasting programme.59
ROLE OF MEDIA
John Milton
58 Supra n.57.
59 Available at: www.webcrawper.com (Visited on April 16, 2010).
60 John Milton, Areopagitica (1644). [Cited in Dr. Madhabhusi Sridhar, The Law of Expression,
An Analytical Commentary on Law for Media 18 (Asia Law House, Hyderabad, 2007)].
29
of frontiers.61
soul of democracy. The press per se is not given any special right. Yet
the press being considered the voice of the people enjoys the same
between the media and the State is the desideratum for protecting
human rights. But there is an inherent problem for ideas, beliefs and
constant vigil over the affairs of the State and ventilate their views for
and forcing it into the open. Therefore, the media have a duty of
particular.65
order, for the media to fulfill this function, it must guarantee its
reasonable restrictions on the exercise of the right conferred by the said sub-clause in the
interests of the sovereignty and integrity of India, the security of the State, friendly relations
with foreign states, public order, decency and morality visited on contempt of court,
defamation and incidence to an offence.
65 Available at: http://indialawyers.wordpass.com/category/media-law/ (Visited on July 25,
2010).
66 Available at: http://www.halsbuyvys.in/role-of-themedia.html (Visited on Aug. 11, 2010).
31
they truly represent the sentiments of people or whether they are only
good in their attempts to bring out truth, but if the same is used for
most promising tool for providing citizens the information they need to
transgressions. But with the growth of media in India over the last
news and views in our society. As being fourth estate, media have vital
utmost limits and stories spun. Such stories affect the cases which
publicising the private facts of celebrities. Very less channels cover the
used by politicians for their luxuries and travelling. These are all the
attention.69
these channels are drifting from their original trade and striving to
even before the investigation was complete, the press had collected
whatever bits of information they could gather and each channel had
free'. But the situation is changed to 'false news is for a price and the
violating the norms under Indian Penal Code 1860, Income Tax Act,
The Media both print and electronic have freedom of speech and
basic norm that there should be strict separation between news and
views has been violated day in and day out. The thin line between
advertisement.
73 Code of Conduct developed by Press Council of India and Advertisement Standard Council of
India.
74 The Constitution of India, 1950, Article 19 (1) (a).
(1) All citizens shall have the right :
(a) to freedom of speech and expression;
35
speech right. But there are also certain negative aspects, which
'Trial by Media' even before the alleged offenders are brought before
master roll, a bill, a voucher, a list of people below the poverty line,
anything with in the government. It was all a big secret. The Right to
Information Act has been passed in 2005 to answer all the queries of
general public.
75 Role of the Media in a Democracy, Media Law, Law Resource India by NNLRJ India,
Available at: http://indialawyers.wordpress.com/author/lawreports/ (Visited on Aug. 10,
2010).
36
a watchdog and ensure that the citizen's rights are enforced. In the
United States and Canada, the right to information law has been used
RESEARCH METHODOLOGY
media.
executive and judiciary as its main organs. With the passage of time,
these pillars started shaking, then the 'Fourth Estate' i.e. Media take
desired results but with the passage of time, in the light of its narrow
accountability.
38
Constitution.