A CRITICAL EVALUATION OF MEDIA REGULATIONS IN INDIA A Dissertation Submitted in Partial Fulfillment of the Requirements for the Award of the Degree of Master of Philosophy in Law by Parth Sharma (Reg. No. 1550001) Under the Guidance of Shampa I Dev Associate Professor School of Law CHRIST UNIVERSITY BENGALURU, INDIA January 2017 APPROVAL OF DISSERTATION Dissertation titled ‘A Critical Evaluation of Media Regulations in India’ by Parth Sharma, Reg. No. 1550001 is approved for the award of the degree of Master of Philosophy in Law. Examiners: 1. ___________________ ___________________ 2. ___________________ ___________________ Supervisor: ___________________ ___________________ Chairman: ___________________ ___________________ Date: …………………….. Place: Bengaluru (Seal) ii DECLARATION I Parth Sharma hereby declare that the dissertation, titled ‘A Critical Evaluation of Media Regulations in India’ is a record of original research work undertaken by me for the award of the degree of Master of Philosophy in Law. I have completed this study under the supervision of Dr Shampa I Dev, Associate Professor, School of Law. I also declare that this dissertation has not been submitted for the award of any degree, diploma, associateship, fellowship or any other title. It has not been sent for any publication or presentation purpose. I hereby confirm the originality of the work and that there is no plagiarism in any part of the dissertation. Place: Bengaluru Date: ………………… Signature of the candidate Parth Sharma Reg No.1550001 Department of School of Law Christ University, Bengaluru iii CERTIFICATE This is to certify that the dissertation submitted by Parth Sharma (Reg. No. 1550001) titled ‘A Critical Evaluation of Media Regulations in India’ is a record of research work done by him during the academic year 2015-2016 under my supervision in partial fulfillment for the award of Master of Philosophy in Law. This dissertation has not been submitted for the award of any degree, diploma, associateship, fellowship or any other title. It has not been sent for any publication or presentation purpose. I hereby confirm the originality of the work and that there is no plagiarism in any part of the dissertation. Place: Bengaluru Date: ………………… Signature of the Guide Dr Shampa I Dev Associate Professor School of Law Christ University, Bengaluru Signature of the Head of the Department School of Law Christ University, Bengaluru iv ABSTRACT The growth of media in recent years has prompted a debate on free speech and expression and extent of regulation on and by media. The moot issue which engulfs all this debate is the thin line of difference between, extent to which media can be regulated and the extent to which it should be regulated. On one hand, we have a section of society which advocates free speech absolutely and opposes any restriction on speech and expression by the Government; on the other hand we have another set of people which favour casting reasonable restrictions. In this era of survival, all three organs of the state, i.e. The Legislature as the law framing agency, The Executive as the law implementing agency and The Judiciary as the law enforcing agency have played their individual roles with little overlaps effectively and efficiently. It is however, what is proudly termed as the Fourth Pillar of democracy i.e the Media which has tied the three organs of state together and acted as a watchdog to ensure accountability and performance of their respective constitutional duties. Broadly speaking, Media can be classified as Broadcast Media, Print Media and the newly added Social Media. While Broadcast Media primarily deals with telecasts on Television and other electronic devices with efficient powers of addressing large number of people at a time, Print Media is basically Newspapers, Journals and Magazines and Social Media is the use of Internet through websites such as Facebook, Twitter etc. This dissertation dwells into the idea of medium specific regulation on media with powers of punishment and contempt and whether the mode should be self regulation, state regulation, or independent regulator and the researcher expresses his suggestions and observations towards bringing in a better regulations that can boost the efficiency in the legal system through media regulations by analysing media regulations in India along with approaches to regulate the media and drawing a comparative analogy of media laws in other jurisdictions i.e. the United Kingdom (UK) and the United States of America (USA) so as to craft and present best practices that can be recommended for reformation of media regulations in India. Keywords: Print media, Broadcast media, Self-regulation, State-regulation, Independent regulator. v ACKNOWLEDGEMENT I would also like to thank our esteemed Director Fr Benny Thomas who has always showed us the correct path to follow and helped us to realize our true potential that lies within us. Sincere thanks to our Head of the Department and Associate Dean Dr Somu C.S who has been a constant source of inspiration. I would like to thank my guide Dr Shampa I Dev for her great support throughout my entire dissertation work. This dissertation would not have been possible without her guidance. She has been very kind and has always been supportive and open to any new ideas and has also encouraged me not to lose hope and work earnestly in completing my dissertation. It would not have been possible for me to complete this dissertation without the constant support of my parents and my sister who instilled confidence in me at every step of my work and motivated me to manifest my ideas into this structural form. I am also greatly thankful to the ever supportive and diligent staff of Christ University Library Bangalore. Last but not the least my friends who have always prayed for my well being and have stood by me throughout this work, giving me numerous suggestions to further ornament this work. Date- (Parth Sharma) vi LIST OF ABBREVIATIONS AIR All India Radio BCCC Broadcasting Content Complaints Council BSC Broadcasting Standards Commission BBC British Broadcasting Corporation CEO Chief Executing Officer CCI Communications Commission of India ECHR European Convention on Human Rights EMMC Electronic Media Monitoring Centre FCC Federal Communication Commission FDI Foreign Direct Investment IBF Indian Broadcasting Foundation ICCPR International Covenant on Civil and Political Rights IPC Indian Penal Code IPSO Independent Press Standards Organizations ITC Independent Television Commission I&B Information & Broadcasting LPG Liberalization, Privatization and Globalization MoU Memorandum of Association MoIB Ministry of Information and Broadcasting NBA News Broadcasters Association NBSA News Broadcasting Standards Authority NEP New Economic Policy Ofcom Office of Communication PCC Press Complaints Commission PCI Press Council of India RA Radio Authority SEBI Security Exchange Board of India TRAI Telecom Regulatory Authority of India UOI Union of India UDHR Universal Declaration of Human Rights UK United Kingdom vii US United States USA United States of America viii LIST OF STATUTES Broadcasting Acts 1990 & 1996 Cable Television Networks (Regulation) Act, 1995 Censorship of Press Act, 1799 Code of Civil Procedure, 1908 Communications Act, 1934 Communication Act, 1954 Communications Act, 2003 Copyright Act, 1957 Digital Economy Act, 2010 East Punjab Safety Act, 1949 Foreign Relations Act, 1932 Indian Cinematograph Act 1952 Indian Press Act in 1910 Indian Press (Emergency Powers) Act, 1931 Indian States Protection Act 1934 Indian States Protection against Disaffection Act, 1922 Indian Telegraph Act, 1885 Indian Wireless Telegraphy Act 1933 Information Technology Act, 2000 Licensing Regulations Act, 1823 Madras Maintenance of Public Order Act, 1949 Maintenance of Public Order Act, 1949 Newspaper (Incitement to Offences) Act, 1908 Office of Communication Act, 2002 Parliamentary Proceedings (Protection of Publication) Act, 1977 Postal Services Act, 2011 Prasar Bharti Act, 1990 Press Act, 1835/ Metcalfe’s Act Press Council of India Act, 1978 Press (Objectionable Matters) Act, 1951 ix Representation of People Act, 1951 Telecom Regulatory Authority of India Act, 1997 Telecommunications Act, 1996 Telegraph Wire Unlawful Possession Act, 1950 Vernacular Press Act, 1878 Wireless Telegraphy Act 2006 Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 x TABLE OF CASES Ajay Goswami v Union of India, (2007) 1 SCC 143 Ajmal Mohammad Amir Kasab v State of Maharashtra, (2012) 9 S.C.C. 1 AK Shukla v Comparative Physiology & Ecology, (1990-91) AR 100 Bennett Coleman & Co v Union of India (Bennett Coleman), AIR 1973 SC 106 Branzburg v Hayes, (408 US 665) Brij Bhushan v State of Delhi, AIR 1950 SC 129 CS Kalra v Arun Shourie, (1990-91) AR 100 Deepak Maini v Star Plus, 162 (2009) DLT 352 Directorate General of Doordarshan v Anand Patwardhan, AIR 2006 SC 3346 Dr SV Champure v Midday, (1989-90) AR 181 Express Newspaper (P) Ltd v Union of India, AIR 1986 SC 515 Government of India v Cricket Assn of Bengal, AIR 1995 SC 1236 Hamdard Dawakhana v Union of India, AIR 1960 SC 554 Indraprastha People v Union of India, WP (C) No 1200/2011 Kedar Nath Singh v State of Bihar, AIR 1962 SC 955 Life Insurance Corpn of India v Prof Manubhai D Shah, AIR 1993 SC 171 Mahesh Bhatt and Kasturi and Sons v Union of India, 147 (2008) DLT 561 Miller v California, (413 US 15) Near v Minnesota, (283 US 697) New York Times v US, (403 US 713) Odyssey Communications