INDEX

1. ABSTRACT
2. OBJECTIVE
3. STATEMENT OF PROBLEM
4. RESEARCH QUESTION
5. HYPOTHESIS
6. RESEARCH METHODOLOGY
7. INTRODUCTION
8. MEDIA INDUSTRY
9. HISTORY OF MEDIA LAWS IN INDIA
10. MEDIA LAWS OF INDIA- AN OVERVIEW
11. LAWS APPLICABLE FOR INFORMATION
12. LAWS APPLICABLE FOR BROADCASTING
13. LAWS APPLICABLE FOR FILMS
14. OTHER LAWS APPLICABLE TO MEDIA
14.1 FDI IN MEDIA SECTOR
14.2 LABOUR RELATED LEGISLATIONS
14.3 IPR
14.4 TELEGRAPH ACT &WIRELESS TELEGRAPHY ACT
15. AUTHORITIES REGULATING THE MEDIA INDUSTRY
16. CASE LAWS
17. USEFUL WEBSITES
18. CONCLUSIONS AND SUGGESTION
ABSTRACT

MEDIA LAW COVERS AN AREA OF LAW WHICH INCLUDES LEGAL ISSUE

RELATED TO FLIM, TELEVISION, DIGITAL MEDIA, ADVERTISING,
PUBLISHING, MARKETING, AND STRECHES OVER VARIOUS LEGAL
FIELDS INCLUDING CORPORATE, FINANCE, INTELLECTUAL, PROPERTY.
PUBLISHING, MARKETING, AND STRECHES OVER VARIOUS LEGAL
FIELDS INCLUDING CORPORATE, FINANCE, INTELLECTUAL, PROPERTY.
IT IS A PROCEDURE WHICH IS USED TO EXCHANGE INFORMATION BY
VARIOUS METHOD AND MEDIA ARE THE COMMUNICATION OUTLETS OR
TOOLS USED TO STORE AND DELIVER INFORMATION OR DATA.
THE LAW REALTED TO MEDIA IN INDIA HAVE EMERGED IN DUE COURSE
OF TIME IN A DRASTIC MANNER. HOWEVER, THERE WAS NO PRESS
REGULATION UNTIL THE BRITISH EAST INDIA COMPANY STARTED
RULING A PART OF INDIA.
OBJECTIVE
• TO DETERMINE WETHER THE MEDIA LAW ARE EFFECTIVE OR NOT
THESE DAYS
• TO STUDY THE NEED CHANGES AND AMMENDMENTS IN CURRENT
MEDIA LAWS
• TO DETERMINE AND CROSS CHECK WHETHER THESE LAWS ARE
APPRECIATED ENOUGH BY THE MEDIA PERSONNELS

STATEMENT OF PROBLEM
MEDIA IS A VAST INDUSRTRY AND IN THIS INDUSTRY THERE ARE MANY
TYPES OF RISKS PRESENT. NOW THE MEDIA PERSONNEL ARE ALWAYS
EXPOED TO SUCH RISKS WHICH MIGHT AFFECT THEM IN MANY WAYS,
NOW WHAT IS THE SOLUTION TO THIS PROBLEM IS TO BE DETERMINED
AS MEDIA IS A INTEGERAL PART OF THE SOCIETY

RESEARCH QUESTIONS
• WHAT IS THE PURPOSE OF MEDIA LAWS
• HOW MEDIA LAW ENSURES SAFETY AND SMOOTH WORKING OF
MEDIA INDUTRY AND MEDIA PEOPLE
• HISTORICAL BACKGROUND OF MEDIA LAW AND TRACING THE
ORIGIN OF MEDIA LAW
INTRODUCTION

COMMUNICATION IS THE ACT OF CONVEYING MEANING FROM ONE

ENTITY OR GROUP TO ANOTHER THROUGH THE USE OF MUTUALLY
UNDERSTOOD SIGNS SYMBOLS AND SEMIOTIC RULES. IT IS A
PROCEDURE WHICH IS USED TO EXCHANGE INFORMATION BY VARIOUS
METHOD AND MEDIA ARE THE COMMUNICATION OUTLETS OR TOOLS
USED TO STORE AND DELIVER INFORMATION OR DATA. THE TERM
REFERS TO COMPONENTS AND THE MASS MEDIA COMMUNICATION
INDUSTRY, SUCH AS PRINT MEDIA, NEWS MEDIA, PHOTOGRAPHY,
CINEMA, BROADCASTING AND ADVERTISING. THE MEDIA IS SUPPOSED
TO BE A WATCHDOG IN A DEMOCRACY. A FUNDAMENTAL QUALITY OF
THE MEDIA IN A DEMOCRACY IS THE FUNCTION OF THE MEDIA AS AN
INDEPENDENT WATCHDOG. MEDIA IS WATCHDOG OF THE PUBLIC
AFFAIRS, INFORMING THE SOCIETY AND VICE VERSA. IT ACTS AN
ADVOCATE
MEDIA LAW COVERS AN AREA OF LAW WHICH INCLUDES LEGAL ISSUE
RELATED TO FLIM, TELEVISION, DIGITAL MEDIA, ADVERTISING,
PUBLISHING, MARKETING, AND STRECHES OVER VARIOUS LEGAL
FIELDS INCLUDING CORPORATE, FINANCE, INTELLECTUAL, PROPERTY.

MEDIA LAW IS THE LEGAL FIELD THAT REFERS TO THE FOLLOWING

• ADVERTISING
• BROADCASTING
• CENSORSHIP
• CONFIDENTIALITY
• CONTEMPT
• COPYRIGHT
• CORPORATE LAW
• PRIVACY
• DEFAMATION
• ENTERTAINMENT
• FREEDOM OF INFORMATION
• INTERNET
• INFORMATION TECHNOLOGY
• TELECOMMUNICATION
 MEDIA INDUSTRY

THE INDIAN MEDIA ENTERTAINMENT INDUSTRY IS A SUNRISE

SECTOR FOR THE ECONOMY AND IS MAKING HIGH GROWTH
STRIDES. PROVIDING ITS RESILIENCE TO THE WORLD, THE INDIAN
M&E INDUSTRY IS ON THE CUSP OF A STRONG PHASE OF GROWTH.
DESPITE DIGITAL GROWTH, THE REPORT SAID TV CONINUES TO BE
A DOMINANT MEDUIM WITH AN UNMATCHED SHARE OF
AUDIENCE. WITH 40% ALLOCATION OF ADVERTISING SPENDS, TV
WILL EXPAND 15.4% IN 2019 AND CONTINUE TO GROW CAGR 12.5%
TILL 2023.

THE MEDIA INDUSTRY IN A NUTSHELL

• PRINT MEDIA: IT IS A DOMINANT FORCE IN INDIA IN 2019,
SURPASSING AN IMPRESSIVE GROWTH RATE OF 2018, MAGNA
GLOBAL, A DIVISION OF MEDIA AGENCY GROUP IPG MEDIA
BRANDS. ITS REVENUE GREW BY 5.6% IN 2018 AND IS EXPECTED TO
GROW MORE IN FUTURE.
• TELEVISION: IT HAS GROWN BY 12.24% SINCE 2016-17. THE TV
INDUSTRY CONTINUES TO HAVE HEADROOM FOR FURTHER
GROWTH AS TELEVISION PENETRATION IN INDIA IS STILL AT
APPROXIMATELY 60% OF THE TOTAL HOUSEHOLDS.
• FLIMS: WITH SEVERAL HIGH BUDGET HINDI RELEASES LINED UP
ACROSS THE YEAR, THE FLIM INDUSTRY IS EXPECTED TO GROW
11.5%. THE INDUSTRY IS ESTIMATED TO BE OF 23,800 CRORES BY
2020.
• RADIO: IT IS EXECTED TO BE WORTH USD 656 MILLION BY 2019. IT
IS EXPECTED TO GROW BY 16%.
HISTORY OF MEDIA LAW IN INDIA

THE LAW REALTED TO MEDIA IN INDIA HAVE EMERGED IN DUE

COURSE OF TIME IN A DRASTIC MANNER. HOWEVER, THERE WAS
NO PRESS REGULATION UNTIL THE BRITISH EAST INDIA COMPANY
STARTED RULING A PART OF INDIA. WHEN NEWSPAPERS IN INDIA
WERE PUBLISHED BY ONLY EUROPEANS EXPLUSIONS OF THE
PRINTER WAS ULTIMATE PENALTY. THE JAMES AUGUSTUS
HICKEY IN 1780 STARTED THE BENGAL GAZETTE OR CALCUTTA
GENERAL ADVERTISER, THE FIRST NEWSPAPER IN INDIA. IT WAS
SEIZED IN 1872 BECAUSE OF ITS OUTSPOKEN CRITICISM OF THE
GOVERNMENT. IN 1860, INDIAN PENAL CODE WAS PASSED AS A
GENERAL LAW BUT LAID DOWN OFFENCES WHICH ANY WRITER,
EDITOR OR PUBLISHER MUST AVOID- THE OFFENCES OF
DEMATION AND OBSCENITY. THOUGH THE GOVERNMENT HAS
NOT ALLOWED NEWS ON PRIVATE RADIO OUTFITS YET, FREEDOM
OF PRINT AND TELEVISION CHANNELS MAKE INDIA ONE OF THE
MOST LIBERAL COUNTRIES IN THE WORLD AS FAR AS THE
FREEDOM OF MEDIA GOES. RIGHT TO INFORMATION ACT 2005 HAS
BEEN IMPLEMENTED AND THIS HAS FURTHER EXTENDED
FREEDOM OF MEDIA IN INDIA.
 MEDIA LAWS OF INDIA- AN OVERVIEW

THERE ARE MANY LAWS THAT REGULATE THE PERFORMANCE OF

MEDIA IN INDIA. LAWS RELATED TO THE MEDIA HAVE BEEN
THERE SINCE THE VERY BEGINNING. IN THE TIME OF THE BRITISH
RAJ, MANY LAWS RELATED TO THE PRESS WERE ENACTED. IN THE
POST INDEPENDENCE TIME, THE VARIOUS GOVERNMENT HAVE
ENACTED MANY MORE MEDIA RELATED LAWS.
• FIRST PRESS REGULATIONS, GAGGING ACT
• INDIAN PRESS ACT
• VERNACULAR PRESS ACT
• CONSTITUTIONAL PROVISIONS REGARDING PRESS FREEDOM
• OFFICIAL SECRETS ACT
• PRESS AND REGITRATION OF BOOKS ACT
• SEA CUSTOMS ACT CONTEMPT OF COURT
• YOUNG PERSONS (HARMFUL PUBLICATIONS) ACT
• PARLIAMENTARY PROCEEDINGS ACT

ARTICLE 19 OF THE INDIAN CONSTITUION LAYS DOWN:

“ALL CITIZEN SHALL HAVE RIGHT TO FREEDOM OF SPEECH AND
EXPRESSIOM, TO ASSEMBLE PEACEBLY, AND WITHOUT ARMS TO
FORM ASSOCIATIONS OR UNIONS TO MOVE FREELY THROUGHOUT
THE TERRITORY OF INDIA, TO RESIDE IN ANY PART OF THE
TERRITORY OF INDIA, TO ACQUIRE HOLD AND DISPOSE OF
PROPERY AND TO PRACTISE OR TO CARRY ON ANY OCCUPATION,
TRADE OR BUSINESS.
 LAWS APPLICABLE FOR INFORMATION

THE LIST OF LEGISLATIONS APPLICABLE FOR INFORMATION-

• PRESS AND REGISTRATION OF BOOKS ACT 1867

• DELEIVERY OF BOOKS AND NEWSPAPERS ACT, 1954
• THE NEWSPAPER (PRICES AND PAGES) ACT, 1956
• THE YOUNG PERSONS (HARMFUL PUBLICATION) ACT 1956
• PRESS COUNCIL ACT, 1978
• THE PRESS COUNCIL RULES, 1979
• THE PRESS COUNCIL RULES, 1979

THE FOLLWING GUIDELINES AND POLICIES ARE APPLICABLE

FOR INFORMATION-
• CENTRAL NEWSMEDIA ACREDITION GUIDELINES, 1999
• ADVERTISING POLICY
• ELECTRONIC MEDIA ADVERTISEMENT POLICY
• GUIDELINE FOR EMPANELMENT OF AUDIO-VIDEO PRODUCERS
WITH DAVP
• CITIZEN CHARTER OF REGISTRAR OF NEWSPAPERS OF INDIA
• THE PRESS COUNCIL OF INDIA’S NORMS OF JOURNALISTIC
CONDUCT

PRESS & REGISTRATION OF BOOKS ACT, 1867 & THE

REGISTRATION OF NEWSPAPERS (CENTRAL) RULES 1956

THE PRESS AND REGISTRATION OF BOOKS ACT 1867 IS A RESULT

OF MANY PREVIOUS DRACONIAN LAWS BEING REPEALED AND OR
BEING MERGED INTO ONE. IT HAS BEEN IN EXISTENCE FOR 151
YEARS. IN MANY WAYS IT HAS OUTLIVED ITS UTILITY, BUT ITS
EXISTENCE CONTINUES TO PLAGUE INDIAN ACADEMIC
PUBLISHING. THE BIGGEST SUFFERE HAS BEEN INDIAN JOURNAL
PUBLISHING.

THE NEWSPAPER (PRICE AND PAGE) ACT, 1956

THE NEWSPAPER ACT HAS BEEN ENACTED TO PROVIDE FOR THE

REGULATION OF THE PRICES CHARGED FOR NEWSPAPERS IN
RELATION TO THEIR PAGES AND OF MATTERS CONNECTED
THERWITH FOR THE PURPOSE OF PREVENTING UNFAIR
COMPETITION AMONG NEWSPAPERS SO THAT NEWSPAPERS MAY
HAVE FULLER OPPORTUNITIES FOR THE FREEDOM OF
EXPRESSION.
 LAWS APPLICABLE FOR BROADCASTING

• CABLE TELEVISION NETWORK REGULATION ACT 1995

• CABLE TELEVISON NETWORK RULES ACT, 1994
• PRASAR BHARTI ACT, 1990
• PRASAR BHARTI INVESTMENT OF MONEY RULES, 2007
• SPORTS BROADCASTING SIGNALS ACT, 2007
• INTERNET PROTOCOL TELEVISION GUIDELINES
• DIRECT TO HOME SERVICE GUIDELINES
• UPLINKING GUIDELINES

THE CABLE TELEVISION NETWORK REGULATIONS ACT, 1995

THE PURPOSE OF THE ACT WAS TO REGULATE THE HAPHAZARD

MUSHROOMING OF CABLE TELEVISION NETWORKS. DUE TO THE
LACK OF LICENSING MECHANISM FOR CABLE OPERATORS; THIS
RESULTED IN LARGE NUMBER OF CABLE OPERATORS,
BROADCASTING PROGRAMMES WITHOUT ANY REGULATIONS.
THE ACCESS TO FOREIGN TELEVISION NETWORK WAS
CONSIDERED TO BE A CULTURAL INVASION AS THESE CHANNELS
PROTRAYED WESTERN CULTURE.

THE CABLE TELEVISION NETWORK (REGULATION)

AMENDMENT ACT, 2011

THE ACT DEFINES PAY CHANNELS FOR WHICH ADDRESSABLE

SYSTEM ARE REQUIRED TO BE ATTACHED TO THE SET TOP BOX.
THE BILL REDEFINES PAY CHANNELS TO MEAN CHANNELS FOE
WHICH THE CABLE OPERATOR PAYS THE BROADCASTERS
PERMISSION IS REQUIRED FOR TRANSMISSION OF THE CHANNEL
THE ACT EMPOWERS THE CENTTAL GOVERNMENT TO MAKE IT
OBLIGATORY FOR CBALE OPERATORS TO TRANSMIT ANY PA
CHANNEL THROUGH ADDRESSABLE SYSYTE. THE ACT ALSO
REQUIRES THE CABLE OPERATORS TO SUBMIT REPORTS ON THE
TOTAL NUMBER OF SUBSCRIBER.
LAWS APPLICABLE FOR FILMS
• THE CINEMATOGRAPH ACT 1952
• THE CINEMATOGRAPH RULES, 1983
• GUIDELINES FOR IMPORT OF FILMS
• GUIDELINES TO CERTIFY FILMS (CBFC)
• POLICY FOR CERTIFICATION OF FILMS FOR FILM FESTIVALS

CINEMATOGRAPH ACT, 1952

The Cinematograph Act of 1952 has been passed to make provisions for
certification of cinematographed films for exhibition by means of
Cinematograph. Under this Act, the Board of Film Censor (i.e. Central Board
of Film Certification) with advisory panels at regional centres is empowered to
examine every film and sanction it whether for unrestricted exhibition or for
exhibition restricted to adults. The Board is also empowered to refuse to
sanction a film for public exhibition.

• U - Unrestricted Public Exhibition

• UA - Unrestricted Public Exhibition - but with a word of caution that Parental
discretion required for children below 12 years
• A - Restricted to adults
• S - Restricted to any special class of persons
OTHER LAWS APPLICABLE TO MEDIA

FDI IN MEDIA SECTOR

FOREIGN DIRECT INVESTMENT (FDI) IS THAT INVESTMENT, WHICH

IS MADE TO SERVE THE BUSINESS INTEREST IN A COMPANY,
WHICH IS IN A DIFFERENT NATION DISTINCT FROM THE
INVESTOR’S COUNTRY OF ORIGIN.

FDI IN INDIA IS GOVERNED BY THE CONSOLIDATE FDI POLICY

ISSUED BY THE DEPARTMENT OF INDUSTRIAL POLICY AND
PROMOTION (DIPP), MINISTRY OF COMMERCE AND INDUSTRY,
GOVERNMENT OF INDIA.

IN INDIA IN PUBLISHING OF NEWSPAPER AND PERIODICALS

DEALINGS WITH NEWS AND CURRENT AFFAIRS, 26% FDI
INVESTMENT IS ALLOWED BY NRI/PIO/FII.

FOR PUBLICATION OF INDIAN EDITIONS OF FOREIGN MAGAZINES

DEALING WITH NEWS AND CURRENT AFFAIRS, 26% FDI
INVESTMNET IS ALLOWED BY NRI’S/PIO/FII

FOR PUBLICATION OF FACSIMILE EDITION OF FOREIGN

NEWSPAPERS, 100% FDI INVESTMENT IS ALLOWED BY NRI/FII/PIO.

BROADCASTING

THE GOVERNMENT HAS BEEN STEADILY LIBERALISING FDI

FRAMEWORK FOR THIS SECTOR TO MOVE TOWARDS A DIGITAL
ADDRESSABLE SYSTEM BECAUSE THE HIGHER FDI PERMISSION
WOULD MEAN HIGHER INVETMENT FOR ENSURING
DIGITALIZATION. FDI UPTO 49% IS ALLOWED IN BROADCASTING
CONTENT SERVICES IN CASE OF TERRETRIAL BROADCASTING FM
AND IN UPINKING OF NEWS AND CURRENT AFFAIRS TV
CHANNELS.

LABOUR RELATED LEGISLATIONS

GENERALLY THERE ARE LAWS REALTED TO PEOPLE WORKING IN

ANY SECTOR BUT THERE ARE SPECIFIC LABOUR LEGISLATIONS
THAT REGULATE THE CONDITION OF EMPLOYMENT IN THIS
SECTOR.
The Working Journalists and Other Newspaper Employees (Conditions of
Service) and Miscellaneous Provisions Act, 1955 & The Working
Journalists (Conditions of Service) and Miscellaneous Provisions Rules,
1957. IT PROVIDES FOR THE REGULATION OF CLEAR SERVICE
CONDITION FOR WORKING JOUNALISTS AND OTHER PERSONS
THOSE ARE EMPLOYED IN ANY NEWSPAPER GENCY OR AN
ESTABLISHMENT. THIS ACT MALES PROVISION FOR FIXING AND
REVISIONG RATES OF SLALRY/WAGES REGARDING JOURNLISTS
WORKING IN ANY ESTABLISHMENT AND AS PER THIS ACT ALSO,
THE CENTRAL GOVERNMENT SHALL BE CONSTITUTING A WAGE
BOARD AS REQUIRED ON TIME TO TIME

KEY PROVISION UNDER THIS ACT ARE AS FOLLOWING

THE INDUATRIAL EMPLOYMENT(STANDING ORDERS) ACT 1946

HAS BEEN MADE APPLICABLE TO EVERY SUCH NEWSPAPER
ESTABLISHMENT IN WHICH THERE ARE TWETY OR MORE
NEWSPAPER EMPLOYEES GET EMPLOYED

THE EMPLOYEES PROVIDENT FUND ACT 1952 SHALL ALSO BE

APPLICABLE TO EVERY SUCH NEWSPAPER ENTERPRISE IN WHICH
TWENTY PERSON ARE EMPLOYED ON ANY DAY OF THE CALENDAR
YEAR

WORKING HOURS AND WEEKLY REST NO WORKING JOURNALIST

WILL BE ALLOWED TO WORK MORE THAN ONE HUNDRED AND
FORTY FOUR (144 HOURS) DURING ANY TIME SPAN OF FOUR
CONSECUTIVE WEEKS, FROM WHICH THE TIME FOR MEALS SHALL
BE EXCLUDED. IN A WORKING DAY, THE TOTAL WORKING HOURS
SHALL NOT EXCEED SIX HOURS DURING THE NIGHT SHIFT.

IPR
INTELLECTUAL PROPERTY IS A BLANKET TERM FOR MULTIPLE
AREAS OF LAW THAT GOVERN OWNERSHIP AND RIGHTS TO
PRODUCTS OF THE MIND. MANY, BUT NOT ALL, INTELLECTUAL
PROPERTY LAW SEEKS TO ENCOURAGE INNOVATION AND
CRETIVITY WITH AN ULTIMATE AIM OF PROMOTING A GENERAL
BENEFIT TO SOCIETY.
COPYRIGHT
ACCORDING TO SECTION 14 OF THE ACT, COPYRIGHT MEANS THE
EXCLUSIVE RIGHT SUBJECT TO PROVISION OF THIS ACT, TO DO OR
AUHORISE THE DOING OF ANY ACTS. MENTIONES IN THE SECTION

CLASSES OF WORKS FOR WHICH COPYRIGHT PROTECTION IS

AVAILABLE
INDIAN COPYRIGHT ACT AFFORDS SEPARATE AND EXCLUSIVE
COPYRIGHT PROTECTION TO THE FOLLOWING 7 CLAUSES OF
WORK:
1. ORIGINAL LITERARY WORK
2. ORIGINAL DRAMATIC WORK
3. ORIGINAL MUSICAL WORK
4. ORIGINAL ARTISTIC WORK
5. CINEMATOGRAPH FILMS
6. SOUND RECORDING
7. COMPUTER PROGRAMME

TELEGRAPH ACT & WIRELESS TELEGRAPHY ACT

BROADCASTING IN INDIA IS GOVERNED BY THE INDIAN

TELEGRAPH ACT, 1885 AND BY THE INDIAN WIRELESS TELEGRAPH
ACT 1955
THE MAIN OBJECTIVE OF THE ACT IS TO REGULATE THE
POSSESSION OF WIRELESS TELEGRAPHY APPARATUS. ONE OF THE
MAJOR SOURCES OF REVENUE FOR THE INDIAN STATE
BROADCASTING SERVICE WAS REVENUE FROM THE LICENSE FEE
FROM WORKING OF WIRELESS APPARATUS UNDER THE ACT
ACCORDING TO ACT TELEGRAPH MEANS ANY APPLIANCE,
INSTRUMENT, MATERIAL OR APPARATUS USED OR CAPABLE OF
USE FOR TRANMISSION OR RECEPTION OF SIGNS, SIGNALS,
WRITING, IMAGES, AND SOUNDS OR INTELLIGENCE OF ANY
NATURE BY WIRE, VISUAL OR OTHER ELECTRO-MAGENTIC
EMISSIONS, RADIO WAVES OR MAGNETIC MEANS.

AUTHORITIES REGULATING THE MEDIA INDUSTRY

TELECOM REGULATORY AUTHORITY OF INDIA IS A

SATUATORY BODY SET UP BY GOVERNMENT OF INDIA UNDER
SECTION 3 OF TELECOM REGULATORY AUTHORITY OF INDIA ACT,
1997. ONE OF ITS MAIN OBJECTIVES IS TO PROVIDE A FAIR AND
TRANSPARENT ENVIROMENT THAT PROMOTES A LEVEL PLAYING
FIELD AND FACILITATES FAIR COMPETITION IN THE MARKET.

MINISTRY OF INFORMATION AND BROADCASTING IS A

MINISTERIAL LEVEL AGENCY OF THE GOVERNMENT OF INDIA
RESPONSIBLE FOR THE FORMULATION AND ADMINISTRATION OF
RULES, REGULATIONS AND LAWS IN THE AREAS OF
INFORMATION, BROADCASTING, THE PRESS AND THE CINEMA OF
INDIA

PRASAR BHARTI IS A ATATUTORY AUTONOMUS BODY

ESTABLISHED UNDER THE PRASAR BHARTI ACT AND CAME INTO
EXISTENCE ON 23.11.1997. IT IS THE PUBLIC SERVICE
BROADCASTER OF INDIA. ALL INDIA RADIO AND DOORDARSHAN
ARE REGULATED BY IT.

PRESS TRUST OF INDIA IS COMMONLY KNOWN AS PTI IS THE

LARGEST NEWS AGENCY IN INDIA. IT IS HEADQUATERD IN NEW
DELHI AND IS A NON PROFIT COOPERATIVE AMONG MORE THAN
500 INDAIN NEWPAPERS ND HAS MORE THAN 1000 FULL TIME
EMPLOYEES.

REGISTRAR OF NEWSPAPER FOR INDIA IS A GOVERNMENT OF

INDIA STATUTORY BODY OF MINISTRY OF INFORMATION AND
BROADCASTING FOR THE REGISTRATION OF THE PUBLICATIONS,
SUCH AS NEWSPAPER AND MAGAZINE

DIRECTORATE OF FIELD PUBLICITY, ONE OF THE MEDIA UNITS

OF THE MINISTRY OF INFORMATION AND BROADCASTING
ENGAGED IN THE TASK OF PUBLICIZING VARIOUS PROGRAMMES
AND POLICIES OF GOVERNMENT.

THE ADVERTISING STANDARDS COUNCIL OF INDIA,

ESTABLISHED IN 1985 IS A SELF REGULATORY VOLUNTARY
ORGANIZATION OF THE ADVERTISING INDUSTRY IN INDIA. IT IS A
NON GOVERNMENT BODY. IT IS FORMED FOR THE PROTECTION OF
THE INTEREST OF COUSTOMERS

COPYRIGHT BOARD A QUAIS JUDICIAL BODY, WAS CONSTITUTED

IN SEPTEMBER 1958. THE JURISDICTIO OF THE COPYRIGHT BOARD
EXTENDS TO THE WHOLE OF INDIA. THE BOARD IS A BODY
CONSTITUTED BY THE CENTRAL GGOVERNMENT TO DISCHARGE
CERTAIN JUDICIAL FUNCTION UNDER THE ACT
CASE LAWS

SAKAL PAPERS LTD. VS UNION OF INDIA

THE SUPREME COURT DECLARED THAT THE NEWSPAPER ACT 1956,

AND THE DAILY NEWSPAPERS ORDER 1960 VIOLATED THE
CONSTITUTIONAL RIGHT TO SPEECH. THE ACT WAS CHALLENGED
AS UNCONSTITUIONAL. THE COURT OPINED THAT THE RIGHT OF
FREEDOM OF SPEECH AND EXPRESSION COULDN’T BE TAKEN
AWAY WITH THE OBJECT OF PLACING RESTRICTIONS ON THE
BUSINESS ACTIVITY OF THE CITIZENS.

K.A. ABBAS VS UNION OF INDIA

IT IS LEADING SUPREME COURT DECISION OM FILM CENSORSHIP.

IT GAVE THE COURT ITS FIRST OPPORTUNITY TO DISCUSS
CONSTITUTINAL PROTECTION FOR FREE SPEECH IN THE MEDIA
OUTSIDE THE TRADITIONAL CONTEXT OF NEWSPAPERS AND
MAGAZINES. ABBAS THE PETITIONER WAS AWARD WINNING FILM
PRODUCER. THE PETITONER FOR THE FIRST TIME CHALLENGED
THE VALIDITY OF CENSORSHIP AS VIOLATIVE OF HIS
FUNDAMENTAL RIGHT OF SPEECH AND EXPRESSION

BOBBY ART INTERNATIONAL VS OM PAL SINGH HOON

OM PAL SINGH HOON, A MEMBER OF THE SPECIFIC COMMUNITY

PORTRAYED IN THE FILM FILED A PETITION BEFORE THE DELHI
HIGH COURT SEEKING THE QUASHING OF THE “A”
CLASSIFICATION AND A RESTRAIN ON THE EXHIBITION OF HE
FILM IN INDIA ON THE GROUNDS THAT THE PORTRAYAL OF THE
MAIN CHARACTER WAS ABHORRENT AND UNCONSCIONABLE.

HAMDARD DAWAKHANA VS UNION OF INDIA

THE OBJECT OF THE ACT AS SHOWN BY THE SCHEME OF THE ACT

IS THE PREVENTION OF SELF MEDICATION AND SELF TREATMENT
AND A CURB ON SUCH ADVERTISEMENT IS A MEANS TO ACHIEVE
THAT END. THE SUPREME COURT HELD THAT, AN ADVERTSEMENT
IS NO DOUBT A FORM OF SPEECH AND EXPRESSION BUT EVERY
ADVERTISEMENT IS NOT A MATTER DEALING WITH THE
EXPRESSION OF IDEAS AND HENCE ADVERISEMENT OF A
COMMERCIAL NATURE CANNOT FALL WITHIN THE CONCEPT OF
ARTICLE 19(1)(A).
REFRENCE

INDIA TODAY MAGAZINE

MINISTRY OF INFORMATION AND BROADCASTING WEBSITE
PRESS COUNCIL OF INDIA WEBSITE
ALL INDIA RADIO WEBSITE
PRESS INFORMATION BUREAU WEBSITE
DOORDARSHAN WEBSITE
TELECOM REGULATORY AUTHORITY OF INDIA WEBSITE
PHOTO DIVISION WEBSITE
COPYRIGHT OFFICE WEBSITE

CONCLUSION

FROM THIS ARTICLE IT CAN BE VERY EVIDENTLY CONCLUDED

THAT THE MEDIA AND ENTERTAINMENT LAWS ARE VERY USEFUL
AND ALSO PLAY A VITAL ROLE IN SMOOTH WORKING OF THE
MEDIA AND ENTERTAINMMENT SECTOR. THESE LAWS LAY DOWN
A BASE AND FRAMEWORK ON WHICH THESE MEDIA HOUSES AND
ENTERTAINMENT SECTOR WORK. ALSO THESE PROVIDE REMEDY
IF THERE IS ANY INFRINGEMENT REGARDING THEIR RIGHT THEN
THE CONCERNED PERSON CAN GO AND SEEK LEGAL REMEDY.
ALSO THIS ARTICLE THROWS LIGHT UPON THE HISTORY AND
BACKGROUND OF MEDIA AND ENTERTAINMENT LAW, ONTO HOW
THESE LAWS AND POLICIES WERE FORMULATED. ALSO THIS
ARTICLE COVERS THE ASPECT ON BROADCASTING POLICIES,
LAWS RELATED FILMS , LAWS RELATED TO NEWSPAPER
PUBLICATIONS AND HEREBY ALSO TAKES INTO ACCOUNT THE
EMPLOYEES WORKING IN THIS SECTOR.

SUGGESTION
I. PEOPLE ARE NOT VERY AWARE ABOUT THE MEDIA AND
ENTERTAINMENT SO THERE IS A NEED TO SPREAD
AWARENESS ABOUT THESE LAWS AND ESPECIALLY TO THE
EMPLOYEES WORKING IN THIS SECTOR.
II. THESE LAWS DON’T COVER THE ASPECT OF MODERN DAY
MEDIA PLATFORM FOR EX:- INTERNET STREAMING , ONLINE
PUBLICATIONS ETC. SO LAWS NEED TO BE AMMENDED IN
THIS RESPECT.