SG Mod 1.C SAC Law and Ethics in Corp

LAW AND ETHICS IN CORPORATE COMMUNICATIONS

MODULE 1, UNIT C Module 1: Unit C Ethics and Law in Corporate Communication Importance of Ethics in Corporate Communication

Corporate Communication and Professional Code of Ethics

Mass Media Laws:

Defamation,

Invasion of Privacy,

Digital Piracy,

RTI Ethics in Corporate communication and Public Relations Deﬁning Ethics

Greek word ‘Ethos’ - character

“Moral principles or set of moral values held by an individual or group that govern a person's behaviour or the conducting of an activity” Oxford English Dictionary.

“The personal values which underpin the behaviour & moral choice made by an individual in response to a speciﬁc situation. Prioritising moral values for an organisation & ensuring its behaviours are aligned with those values.”- Breit (2004)

“Ethics is concerned with free international organisational conduct that aﬀects or has consequences for a public(s).” Gruing & Hunt Importance of Ethics in Corporate Communication Help in reputation management Aid and advice management Helps in navigation when in doubt Guides individual behaviour. helps to build relationship between PR & Corporate Social Responsibility Promotes ethics, honesty, & professionalism among employees. Safeguards against unethical behaviour. Creates an agreed way of behaving & operating Improves company’s performance Promotes good Company culture Promotes good communication with employees Increases values of assets.

legal Framework & professional code of ethics govern every profession & work as code of principles as well as navigator when in doubt. PR/corporate communicators are unsure about crux of the profession & hence confusion among them about what is ethical & what is not. The issues of ethics & ethical behavior are relevant to PR in three main ways In question surrounding PR industry reputation & whether its practice is ethical or not Ethical behavior of individual practitioner Relationship between PR & Corporate Social Responsibility Four Traditional Models of Business Ethics

Aristotelianism

Morality is a practical, not a theoretical, ﬁeld,

If a person is to become virtuous, he must perform virtuous activities, not simply study what virtue is.

Deontological Approach

Immnuel kant (1772 1840)

Greek word ‘deon’ meaning duty

the person who does his duty because it is his duty, is moral

Aristotelism, Deontological Approach, Teleolological approach, Contractariannism, Aristotelianism Aristotelianism is a school or tradition of philosophy from the Socratic (or Classical) period of ancient Greece, that takes its deﬁning inspiration from the work of the 4th Century B.C. philosopher Aristotle. Aristotle's works on Ethics (particularly the "Nicomachean Ethics" and the "Eudemian Ethics") revolve around the idea that morality is a practical, not a theoretical, ﬁeld, and, if a person is to become virtuous, he must perform virtuous activities, not simply study what virtue is. The doctrines of Virtue Ethics and Eudaimonism reached their apotheosis in Aristotle's ethical writings. He stressed that man is a rational animal, and that Virtue comes with the proper exercise of reason. He also promoted the idea of the "golden mean", the desirable middle ground, between two undesirable extremes (e.g. the virtue of courage is a mean between the two vices of cowardice and foolhardiness).

This deﬁnes virtues that can & should be followed & stresses one’s personal responsibility for developing correct behavior.

Deontological Approach The philosopher who reﬁned deontological ethics was Immanuel Kant. According to Kant the nature of morality is to do one’s duty even when we are not inclined to do it, and not because we are afraid of the consequences of not doing it. Here you see that Deontological ethics is the opposite of consequential ethics. The moral person does her duty regardless of the consequences. The term "deontological" comes from the Greek word deon, meaning "duty." This approach to ethical decisions holds that some moral principles are binding, regardless of the consequences.

According to Immnuel kant (1772 1840), there are universally recognized virtues which are individual’s duty to upload; There is a ‘Categorical imperative’ to do the right thing & pursue correct moral course as it is right thing to do.

Four Traditional Models of Business Ethics

Teleolological approach

Jeremy Bentham (1748 1832)

Greek telos, “end”; logos, “science”

Consequentialism or result oriented ethics

It focuses on the purpose of each action and whether there is an intention or meaning for the action.

Contractarian approach

developed from the concept of a social contract,

the idea that the people give up some rights to a government and/or other authority in order to receive, or jointly preserve, social order.

This deﬁnes virtues that can & should be followed & stresses one’s personal responsibility for developing correct behavior.

Historical codes Code of Athens, (1965, amended 1968 & 2009) inspired by the Universal Declaration of Human Rights of Man, adopted by UNO. Code of Venice,(1961 amended 2009) International Public Relations Association (IPRA) code of conduct. Personal and professional integrity Conduct towards Employers and Clients Conduct towards the Public and the Media Conduct towards Colleagues Code of Brussels, (2007 amended 2009) an undertaking of ethical conduct on public aﬀairs by members of the International Public Relations Association Personal credo of Bateman: taken from a speech of General chairman of the VII PR world congress held on Aug 11 to 14 1976.

Historical Codes

Code of Venice Adopted in 1961 and amended in 2009, the Code of Venice is an undertaking of professional conduct by members of the International Public Relations Association and recommended to Public Relations practitioners worldwide. In the conduct of Public Relations practitioners shall:

Conduct towards Employers and Clients 1. Have a general duty of fair dealing towards employers or clients, past and present. 2. Not represent conflicting or competing interests without the express consent of those concerned. 3. Safeguard the confidences of both present and former employers or clients. 4. Not employ methods tending to be derogatory of another practitioner’s employer or client. 5. Not, whilst performing services for an employer or client, accept fees, commission or any such consideration in connection with those services from anyone other than the employer or client without the express consent of the employer or client. 6. Not propose to a prospective client that fees or other compensation be contingent on the achievement of certain results nor enter into any fee agreement to the same effect.

Conduct towards the Public and the Media 7. Conduct themselves with respect to the public interest and with respect for the dignity of the individual. 8. Not engage in practice which tends to corrupt the integrity of any channel of communication; 9. Not intentionally disseminate false or misleading information. Code by Public Relations Society of America (PRSA) 1. Observance 2. Integrity 3. Dialogue 4. Transparency 5. Conﬂict of interest 6. Conﬁdentiality 7. Accuracy 8. Falsehood 9. Deception

The Public Relations Society of America (PRSA)

In the conduct of public relations practitioners shall: 1. Observance Observe the principles of the UN Charter and the Universal Declaration of Human Rights; 2. Integrity Act with honesty and integrity at all times so as to secure and retain the confidence of those with whom the practitioner comes into contact; 3. Dialogue Seek to establish the moral, cultural and intellectual conditions for dialogue, and recognise the rights of all parties involved to state their case and express their views; 4. Transparency Be open and transparent in declaring their name, organisation and the interest they represent; 5. Conflict Avoid any professional conflicts of interest and to disclose such conflicts to affected parties when they occur; 6. Confidentiality Honour confidential information provided to them; 7. Accuracy Take all reasonable steps to ensure the truth and accuracy of all information provided; 8. Falsehood Make every effort to not intentionally disseminate false or misleading information, exercise proper care to avoid doing so unintentionally and correct any such act promptly; Code by Public Relations Society of America (PRSA)

10. Disclosure 11. Proﬁt 12. Remuneration 13. Inducement 14. Inﬂuence 15. Competitors 16. Poaching 17. Employment 18. Colleagues

10. Disclosure Not create or use any organisation to serve an announced cause but which actually serves an undisclosed interest; 11. Profit Not sell for profit to third parties copies of documents obtained from public authorities; 12. Remuneration Whilst providing professional services, not accept any form of payment in connection with those services from anyone other than the principal; 13. Inducement Neither directly nor indirectly offer nor give any financial or other inducement to public representatives or the media, or other stakeholders; 14. Influence Neither propose nor undertake any action which would constitute an improper influence on public representatives, the media, or other stakeholders; 15. Competitors Not intentionally injure the professional reputation of another practitioner; 16. Poaching Not seek to secure another practitioner’s client by deceptive means; 17. Employment When employing personnel from public authorities or competitors take care to follow the rules and confidentiality requirements of those organisations; 18. Colleagues Observe this Code with respect to fellow IPRA members and public relations practitioners worldwide. Code by Public Relations Society of America (PRSA) CONSIDERING that the Internet and other digital media demand special care with respect to the personal privacy of individuals, clients, employers and colleagues;

CONSIDERING that transparent channels of communication such as the Internet and other digital media, are channels where erroneous or misleading information may be widely disseminated and remain unchallenged, and therefore demand special attention from Public Relations practitioners to maintain trust and credibility;

CONSIDERING that the Internet and other digital media demand special care with respect to the personal privacy of individuals, clients, employers and colleagues;

CONSIDERING that the use of the evolving techniques enabling them to come simultaneously into contact with millions of people gives Public Relations practitioners a power that has to be restrained by the observance of a strict moral code;

International code of ethics for PR adopted at the 1st All India PR conference, New Delhi, Apr, 21, 1968

An agreement of co-operation signed between PRSI and International Public Relations Association (IPRA) in Delhi, December 14, 2001.

Based on 'Code of Athens,’ inspired by the UN declaration of human rights.

The power to communicate with corporations' employees and customers carries considerable responsibilities. Organizations including the International Association of Business Communicators and the Public Relations Society of America develop ethical standards essential for the professional communicator. The content varies by organization, but the principles are the same. Important principles of Code of Corporate Communication are- Honesty Professional communicators are honest, accurate and candid in all communications. This practice encourages the free flow of important information in the interest of the public. Confidentiality Protecting the confidences and privacy rights of employees and customers is the duty of professional communicators. Additionally, they must abide by legal requirements for disclosing information that affects the welfare of others. Credit When content is borrowed from another source, professional communicators give credit and identify that source. In many cases, communicators must request permission from the original source before sharing the borrowed information. Free Speech Professional communicators support the principles of free speech and free ideas. These practices encourage open competition. Courtesy Sensitivity to cultural values and beliefs are crucial for the professional communicator. It’s important to understand your audience and encourage mutual understanding. Accordingly, each Member of this Society - SHALL ENDEAVOUR 1. To help publics achieve the rights listed under "Universal Declaration of Human Rights"; 2. Help in the free flow of information among publics through different communication channels. 3. To garner confidence of all publics. 4. To keep up the image of the profession by conducting oneself with honesty and dignity both in public and private.

SHALL ENDEAVOUR

1. To help publics achieve the rights listed under "Universal Declaration of Human Rights"; To contribute to the achievement of the moral and cultural conditions enabling human beings to reach their full stature and enjoy the indefeasible rights to which they are entitled under "Universal Declaration of Human Rights";

2. Help in the free flow of information among publics through different communication channels. To establish communication patterns and channels which, by fostering the free flow of essential information, will make each member of the group feel that he is being kept informed, and also give him an awareness of his own personal involvement and responsibility and of his solidarity with other members;

3. To garner conﬁdence of all publics. To conduct himself always and in all circumstances in such a manner as to deserve and secure the conﬁdence of those with whom he comes into contact;

4. To keep up the image of the profession by conducting oneself with honesty and dignity both in public and private. To bear in mind that because of the relationship between his profession and the public, his conduct - even in private - will have an impact on the way in which the profession as a whole is appraised. SHALL UNDERTAKE 5. To abide by the "Universal Declaration of Human Rights"; 6. To recognise the right of each individual to judge for himself; 7. To recognise the right of the parties involved to state their case and express their views; 8. To work towards the interests of the organisation which s/he serves and the interests of the publics concerned 9. To avoid any misunderstanding, and to show loyalty and integrity towards past and present publics.

SHALL UNDERTAKE

5. To abide by the "Universal Declaration of Human Rights"; To observe, in the course of his professional duties, the moral principles and rules of the "Universal Declaration of Human Rights";

6. To recognize the right of each individual to judge for himself; To pay due regard to, and uphold, human dignity, and to recognize the right of each individual to judge for himself;

7. To recognize the right of the parties involved to state their case and express their views;

To establish the moral, psychological and intellectual conditions for dialogue in its true sense, and to recognize the right of the parties involved to state their case and express their views;

8. To work towards tshe interests of the organization which s/he serves and the interests of the publics concerned To act, in all circumstances in such a manner as to take account of the respective interests of the parties involved: both the interests of the organization which he serves and the interests of the publics concerned;

9. To avoid any misunderstanding, and to show loyalty and integrity towards past and present publics. To carry out his undertakings and commitments which shall always be so worded as to avoid any misunderstanding, and to show loyalty and integrity in all circumstances so as to keep the conﬁdence of his clients or employees, past or present and of all the publics that are aﬀected by his actions. SHALL REFRAIN FROM 10. Subordinating the truth to other requirements; 11. Circulating information which is not based on established and ascertainable facts; 12. Taking part in any venture or undertaking which is unethical or dishonest or capable of impairing human dignity and integrity; 13. Using any "manipulative" methods or techniques designed to create subconscious motivations which the individual cannot control of his own free will and so cannot be held accountable for the action taken on them.

SHALL REFRAIN FROM

10. Subordinating the truth to other requirements;

11. Circulating information which is not based on established and ascertainable facts;

12. Taking part in any venture or undertaking which is unethical or dishonest or capable of impairing human dignity and integrity;

13. Using any "manipulative" methods or techniques designed to create subconscious motivations which the individual cannot control of his own free will and so cannot be held accountable for the action taken on them. Code of Ethics for Indian Industry by National Human Rights Commission and Institute for Corporate Sustainability Management Trust , 2012 Inclusive Business Upholding of Employee Accountable Business Human Rights Transparent Business Health, Safety and Standards Environment Commitment to Professed Corporate Citizenship Quality and Stakeholder Representation Accuracy Representation Fair Competition Business Association Equal opportunities Conﬂict of interest employer

8.1.The Code of Ethics130 Based on the discussions and the information gathered from primary data, the following 12- point code may be derived. A. Inclusive Business: In India, inclusion is one of the key deterrents to growth. Therefore the first tenet to ethical behaviour has to be inclusiveness. As per this tenet, all companies must refrain from undertaking projects or activities that would be detrimental the wider interests of the communities in which they operates. This implies that companies should respect the local culture, customs and traditions in which it operates. Meeting wider community interests may not always be possible in the short run, particularly in businesses that involve relocation and rehabilitation (R&R). In such cases, the companies must ensure: (1) the R&R is made less emotionally, physically, and economically draining for the affected communities; and (2) the company must ensure adequate skill enhancement among the affected communities to ensure employability. B. Accountable Business: The agitation and the mass uproar surrounding the Lokpal movement suggest that there is need for creating accountable entities. This aspect should be incorporated in business ethics. As per this tenet, companies must conform to trade procedures, including licensing, documentation and other necessary formalities, as applicable. Also, practices and business conduct should be adopted that shall: (1) benefit the country, localities and communities, to the extent possible and affordable, and (2) be in accordance with the laws of the land. 130 While preparing the Code of Ethics, various accepted national and international organization codes had been consulted, including Tata Code of Conduct, Canadian Marketing Association, and ACS code of ethics. 91 129Sins, R.R (1991).The institutionalization of organizational ethics, Journal Of Business Ethics, Volume 10, Number 7, 493-506

Module 1: Unit C Ethics and Law in Corporate Communication Importance of Ethics in Corporate Communication

Corporate Communication and Professional Code of Ethics

Mass Media Laws:

Defamation,

Invasion of Privacy,

Digital Piracy,

RTI Mass Media Law

Corporate Communication does not have any speciﬁc laws,

Most Mass Media Laws impact its practice.

Too many litigations & defamation cases are now being ﬁled.

Enormous sums of money are awarded in legal settlements

Corporate communications executive must be aware of these laws. Defamation Section 499 IPC. Defamation

‘Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or HAVING reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.’

HIGH-PROFILE DEFAMATION CASES Although lawsuits are routinely slapped on publications and media houses, the Defamation Act — which covers statements or ‘representations’ made intentionally even though the person making them knows that they can damage the reputation of the target — has also been invoked against law enforcement, politicians and organisations. Here are some recent defamation suits that made news in India

HIGH-PROFILE DEFAMATION CASES July 2008: Even though the CBI has, ostensibly, solved the convoluted Arushi-Hemraj murder case, the courtroom has probably not seen the last of Dr Rajesh Talwar, once the prime accused in the slayings of his daughter, Arushi, and domestic help, Hemraj. Now, the dentist’s lawyer, Pravin Rai, has asserted that Talwar plans to ﬁle a defamation case against the UP police, which, despite a lack of forensic evidence, accused him of perpetrating the double murders, as a result of which he had to spend about two months in jail.

May 2008: Australian entertainer and aspiring Bollywood actress Tania Zaetta demanded an apology from the Australian Government and ﬁled a $1 million defamation lawsuit over rumours that she had sex with Australian soldiers during a goodwill mission in Afghanistan.

April 2008: Notices for defamation and libel were served to three members of the Forum for Saving Gandhi’s Heritage for taking out a full-page advertisement in the New York Times levelling several accusations against Sonia and Rahul Gandhi during the Congress president’s visit to New York. The Indian National Overseas Congress , which ﬁled the lawsuit in the New York Supreme Court, is demanding $100 million in damages for the “intentionally false” statements and for inciting “evil opinions” about the mother-son duo. Private right to public right to protect one's freedom of speech reputation Civil Defamation

A malicious publication expressed in printing writing signs, diagrams, cartoons, pictures visible expression (broadcast)

tending to tarnish the reputation of a person so as to expose him/ her to public hatred, contempt ridicule. Slander

Oral defamation - called slander

for example comments or stories told at a meeting or party. Libel Published defamation -- called libel newspaper article or television broadcast.

Pictures as well as words.

Injures a person's reputation

Brings a person into contempt, disrepute or ridicule.

It is defamation only when you are sued. You tell your friends that the boss is unfair. That's slander.

You write a letter to the newspaper saying a politician is corrupt. That's libel, even if it's not published.

You say on television that a building was badly designed. That's libel due to the imputation that the architect is professionally incompetent, even if you didn't mention any names.

You sell a book that contains defamatory material. That's spreading of defamation.

Anything that injures a person's reputation can be defamatory. If a comment brings a person into contempt, disrepute or ridicule, it is likely to be defamatory. You tell your friends that the boss is unfair. That's slander of the boss. You write a letter to the newspaper saying a politician is corrupt. That's libel of the politician, even if it's not published. You say on television that a building was badly designed. That's libel due to the imputation that the architect is professionally incompetent, even if you didn't mention any names. You sell a book that contains defamatory material. That's spreading of defamation. The fact is, nearly everyone makes defamatory statements almost every day. Only very rarely does someone use the law of defamation against such statements. Civil Defamation

Compensation for the loss of reputation in terms of money or damages.

The burden of proof is initially on the plaintiﬀ

Plaintiﬀ - the one who is accusing Criminal Defamation If a libel published by a newspaper / media tends to incite a riot, it is criminal defamation

Punishable by the State for the protection of public safety & public good and danger to the public peace.

Seditious libel - criminal law of defamation in Sections 499-502 of the IPC.

In case of criminal defamation, the state has to prove the violation.

Punishment - imprisonment, ﬁne or both.

Explanation 1. It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.-An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4. No imputation is said to harm a persons reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. A says-“Z is an honest man; he never stole Bs watch”, intending to cause it to be believed that Z did steal Bs watch. This is defamation, unless it falls within one of the exceptions.

A is asked who stole Bs watch. A points to Z, intending to cause it to be believed that Z stole Bs watch. This is defamation, unless it fall within one of the exceptions.

A draws a picture of Z running away with Bs watch, intending it to be believed that Z stole Bs watch. This is defamation, unless it fall within one of the exceptions.

Exceptions First Exception - Imputation of truth which public good requires to be made or published.

Second Exception -Public conduct of public servants or on public questions.

Third Exception-Publication of reports of proceedings of courts

Fourth Exception - Merits of public performance

Fifth Exception -Censure (disapproval) passed in good faith by person having lawful authority over another

Sixth Exception - Imputation made in good faith by person for protection of his or others interests.

First Exception.-Imputation of truth which public good requires to be made or published.- It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Second Exception.-Public conduct of public servants.-It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception.-Conduct of any person touching any public question. -It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Fourth Exception Publication of reports of proceedings of courts- It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation.-A Justice of the Peace or other oﬃcer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

Fifth Exception Merits of case decided in Court or conduct of witnesses and others concerned. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. A says-“I think Zs evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as the Punishment for defamation Simple imprisonment up to two years, or ﬁne, or both.

Section 500, IPC

Section 501, IPC. Printing or engraving matter known to be defamatory

Section 502, IPC. Sale of printed or engraved substance containing defamatory matter Cyber Defamation

Cyber defamation is publishing of defamatory material against another person with the help of computers or internet.

World Wide Web

Discussion groups

Intranets

Mailing lists and bulletin boards

Social media The Virtual Libel The Information Technology Amendment Act, 2008

According to Section 79 of the Act, a 'network service provider' shall not be liable under the Act if

Initiate the transmission

Select the receiver of the transmission

Select or modify the information contained in the transmission

they prove that they have no control over the statement or content

they remove such statement or content from their website or network immediately upon receiving the notice from the plaintiff. Defence

DUTY

OPINION

There are three main types of defence: 1. What you said was true - You can defend yourself on the grounds that what you said is true... civil onus is on the plaintiﬀ, criminal on the state. 2. 2. You have a duty to provide information - If you have a duty to make a statement (eg. activists, social workers), you may be protected under the defence of qualiﬁed privilege (eg. a teacher making a comment about a student to the student’s parents about his/her bad behaviour) a defamation action can only succeed if they can prove you were malicious. 3. At the same time you are not protected if you comment about the student in the media. There is an extra defence if you are a parliamentarian and speak under parliamentary privilege. In this case, your speech is protected by absolute privilege, which is s complete defence in Law (eg. MP making a statement in Lok Sabha against anyone). 3. You are expressing an opinion – Note: On receiving a defamation notice, a journalist should respond to it legally. If an apology is tendered to settle it, the journalist will lose credibility. The best way out is to think carefully before a written apology is tendered. Chose your words with utmost care. Don’t be cowed down by intimidation which comes in the shape of defamation suit or threat of defamation suit. Uphold truth while writing news stories and articles or while broadcasting news. Use all forms of reforms, legislature to ensure freedom of speech an expression, and also be careful not to misuse it and defame someone out of personal vendetta or prejudice. Call a spade a spade, but beware and aware of the law of defamation. RIGHT TO Right to Privacy “Right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.

Black’s Law Dictionary

“No person shall be deprived of his life or personal liberty except according to procedure established by law”. Article 21, Constitution of India The Privacy Bill, 2011 “Every individual shall have a right to his privacy — conﬁdentiality of communication made to, or, by him — including his/her

personal correspondence, protection from search,

telephone conversations, detention or exposure of lawful communication between and telegraph messages, among individuals;

postal, privacy from surveillance;

electronic mail and other conﬁdentiality of his banking modes of communication; and ﬁnancial transactions,

conﬁdentiality of his private or medical and legal information his family life; protection of data relating to protection of his honour and individual.” good name; ‘A right to be left alone’ A citizen has a right to safeguard the privacy of family, marriage, procreation, motherhood, child-bearing education other matters.

Any person publishing anything concerning the above matters except with the consent of the person would be liable in action for damages. Invasion of Privacy

Physical

Informational

Technological

Organisational privacy

Physical “intrusions into one’s physical space or solitude” Paparazzi Stalkers Informational how much information to be given Victims of crime need to keep their identity hidden Celebrities Technological legal right to collection & sharing data about one’s self. How the data is collected and stored. Who is given access to the data. How is the information used. Whether an individual has ownership rights to data, or right to view, verify and challenge information. Organisational privacy Government agencies, Multinational corporations Defence organisations Invasion of Privacy

The term privacy is subjective and varies with culture.

Privacy for security reasons

To protect business interests

To get ahead of competitors.

Loss of privacy may lead to Discrimination Personal embarrassment Damage to one’s professional reputation

The term privacy is subjective and varies with culture. Privacy for security reasons To protect business interests To get ahead of competitors. Loss of privacy may lead to Discrimination Personal embarrassment Damage to one’s professional reputation Exceptions

Position however, may be diﬀerent,

If a person voluntarily thrusts himself into controversy

Voluntarily invites or raises a controversy.

Legislative provision

Administrative/Executive order

Judicial Orders.

Intrusion into privacy may be by- (1) Legislative Provision (2) Administrative/Executive order (3) Judicial Orders. Legislative intrusion must be tested on the touchstone of reasonableness as guaranteed by the Constitution and for that purpose the Court can go into proportionality of the intrusion vis-à-vis the purpose sought to be achieved. (2) So far as administrative or executive action is concerned it has to be reasonable having regard to the facts and circumstances of the case. (3) As to judicial warrants, the Court must have suﬃcient reason to believe that the search or seizure is warranted and it must keep in mind the extent of search or seizure necessary for protection of the particular State interest. In addition, as stated earlier, common law did recognise rare exceptions for conduct of warrantless searches could be conducted but these had to be in good faith, intended to preserve evidence or intended to prevent sudden anger to person or property. Indian Copyright Law What Is Intellectual Property?

Intellectual Property (IP) is protection for Creativity and Innovation

Industrial property

Artistic and literary

One product can be protected with many forms of IP Intellectual Property Rights (IPR)

Rights awarded by society to individuals or organisations principally over innovations and creative works such as inventions, literary works, artistic works, symbols, names, images, designs used in commerce. Intellectual Property Patents Trade marks Design rights Geographical indicators Copyright Patents • Protect how something works or how it is made

• Must be new

• Must not be obvious

• Must have a useful application

• Should be Better, Cheaper or Different

5 Trade Marks (The Trademarks Act, 1999)

• Words or logo to indicate the origin of the product or service • Name, Logo, Slogan, Domain Name, Shape, • Registered in a country or group of countries • Can be bought, sold or licensed • Distinguish the ownership • Colour, Sound, Smell • Diﬀerent from rivals • No false impression • Country or region speciﬁc • Lasts 10 years in India Registered trade marks can use ®

Unregistered trade marks use ™

A Trademark is a distinctive sign or an indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. The Trademarks Act, 1999, is the statute that lays down the laws for Trademarks in India. The Trademarks Act is in compliance with the TRIPS agreement. According to Section 2 (zb) of the Trademarks Act, 1999, “trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors”. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations. A trademark can be a registered trademark as well as an unregistered trademark. Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks. • Registered Trademark: A “registered trademark” confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. Registration of a trade mark is not a mandatory requirement in India. A trade mark is registered for a period of 10 years and is subject to renewal. The Trademarks Act 1999 governs the whole process of registration. Registration is required for the following reasons:· -It identifies the origin of goods and services; -Advertises goods and services; -Guards the commercial goodwill of a trader; and -Protects the innocent public from buying the second rate quality goods. The Trademarks Act also provides certain incentives for registration through its various provisions. Chapter 4 of the Trademarks Act deals with Effects of Registration. Section 27 of the act provides that no action for infringement can be taken for an unregistered trademark. But for a registered trademark, an action for infringement lies where the aggrieved can be sought civil and criminal reliefs. Moreover, section 28 of the act confers certain benefits on registration. Registration of a trade mark gives to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or service. Further, the registered trademark can obtain relief in respect of infringement of the trade mark in the manner provided by the Act. Section 31 of the act enables registration to be a prima facie evidence of validity. • Benefits of Registered Trademarks: To sum up, registration gives a monopoly right to the mark in a particular territory. It allows the owner of a registered trademark to prevent unauthorized use of his mark in relation to products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. The infringement of registered trademarks can lead to legal suits and the burden of proof of the plaintiff is eased due to registration. • Unregistered Trademarks: An “unregistered trademark” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. Unregistered marks are defined as marks which are not registered in relation to goods or services (that is names, marks or logos used in relation to a business) under the Trademark Act. Though under s. 27 no action for infringement is allowed for unregistered trademarks, it can still be protected by means of common law tort of passing off. To succeed in such an action, it is necessary to establish that unregistered mark has comparable goodwill or reputation in connection with the product, service or business with which it is used. Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off. The action against passing off is based on the principle that ‘a man may not sell his own goods under the pretense that they are the goods of another man’. Passing off is a species of unfair trade competition by which one person seeks to profit from the reputation of another in a particular trade or business. There are certain essential ingredients of a passing off action. -The plaintiff has to prove that there is a similarity in the trade names; -The defendant is deceptively passing off his goods as those of the plaintiff; -There is bound to be confusion in the minds of the customers. -The test to be applied in such matters is as to whether a man of average intelligence and of imperfect recollection would be confused. Difference between unregistered and registered trademarks: The basic difference between the two is in terms of protections available for registered trademarks and unregistered trademarks. The former is a statutory remedy and the latter is a common law remedy. It is necessary to establish the infringing mark is identical/deceptively similar to the registered trademark in order to establish infringement. Unregistered trademarks may gain protection, where the goods and services have a highly significant position in the market. These trademarks are used in the course of trade which is well known to the public in India. Apart from this, there are different symbols representing the both. Registered trademark is represented by the symbol ®. An unregistered trademark is represented by the trademark symbol ™. The Trademarks Act deals with the laws relating to trademarks in India. Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement. However, the registered trademark possesses a statutory right of infringement. Hence, it is advisable to get trademark registration owing to its evidential value and the incentives provided.

• Sl. No. On what payable Design Rights • The distinctive look of the product or object

• Registered in a country or group of countries

• Are country or region speciﬁc

• Do not last forever – 25 years standard

• Can be bought, sold or licensed

• Must be new

• Must be unique Geographical indicators

• Identify the speciﬁc geographical origin of a product.

– Eg. Basmati rice,

– Darjeeling tea,

– Kanjeevaram silk sari.

What is copyright?

–producers of cinematograph ﬁlms What is copyright?

Facts cannot be copyrighted What is Copyrighted

• Films, videos, television and radio broadcasts

• Engineering, technical or architectural plans

• Books, novels, technical reports, manuals

• Music, songs, plays, dramatic works

• Promotional literature, advertising

• Paintings, sculptures, photographs

• Computer software, databases What is NOT copyrighted?

•Ideas •Phrases •Facts •Names •URLs

• Adaptation

• Distribution

• Public performance

• Public display

• Digital audio transmissions of sound recordings

Reproduction • Making copies • Downloading from web • Printing • Rewriting or recreating • Photographing

Adaptation • Modifications, alterations, use of another’s ideas • Changing format, posting from a book to web • Copying someone else’s HTML

Distribution • Control of distribution • Electronic transmission and postings on web

Public performance • Right to perform in public • Digital broadcasts • Live renditions

Public display • How work is shown to public • Digital transmission Why should copyright be protected?

• Builds an atmosphere conducive to creativity

• Material reward for intellectual property

• Safeguards of the rights of creators

• Encourages creativity

• Recognises creativity

• protects creativity

• rewards creativity

• Motivates others to create.

• Ensures availability of genuine products Exemptions • Non commercial purpose

• Do not infringe on main copyright idea

• Will not eﬀect the potential market

• For research or private study,

• For criticism or review,

• For reporting current events,

• For judicial proceeding,

• Non commercial performance by an amateur club or society

• The making of sound recordings of literary, dramatic or musical works under certain conditions. Avoid problems • Get permission

• Read license for software, video or audio

• Find out who owns the rights

• Three parts

• Copyright, Corp., or C

• The year ﬁrst published

• Name of the copyright holder • Example: 2012. C Bhagat

History of copyright act in India 1847 – The earliest copyright act. 1914 - The Indian Copyright Act of 1914 an extension of British Copyright Act, 1911. 1957 – Adopted from the new Copyright Act of UK 1956. It has been amended five times since then, in the years 1983, 1984, 1992, 1994 and 1999. Procedure for registration of a work under the Copyright Act,1957

• Automatic copyright happens as soon as a work is created • Register in the ‘Register of Copyrights’ maintained at:

• Copyright Oﬃce of the Department of Education. B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003,

• Headed by a Registrar of Copyrights Steps for Registration • Application in triplicate

• prescribed fees.

• Serve notice to every person with interest in the subject matter.

• In case of objection the registrar may hold enquiries. The term • The creator’s lifetime plus ﬁfty years. • In case of Posthumous publication - sixty years from the years of publication.

International copyright conventions of which India is a member Berne Convention for the Protection of Literary and Artistic works. Universal Copyright Convention. Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms. Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Remedies against infringement

1. Civil remedies – Payment of damages, sharing of profit, delivery of infringing copy.

2. Criminal remedies – Imprisonment,(upto 6 months) fine (Rs. 50,000)or both. Seizure of infringing copies.

3. Administrative remedies - Registrar of copyrights will ban the import of infringing copies into India.

4. Deliver the conﬁscated copies to the owner. Patent for anti gravity illusion Michael Jackson, received a United States Patent in 1993 for an invention titled Method and means for creating anti-gravity illusion. (US Patent No. 5,255,452)

A system for allowing a shoe wearer to lean forward beyond his center of gravity by virtue of wearing a specially designed pair of shoes. The shoes have a specially designed heel slot which can be detachably engaged with the hitch member by simply sliding the shoe wearer's foot forward, thereby engaging with the hitch member. Dance Moves

What Is Creative Commons? Creative Commons is a nonproﬁt organisation that works to increase the amount of creativity (cultural, educational, and scientiﬁc content) in

“the commons” — the body of work that is available to the public for free

and legal sharing, use, repurposing, and remixing.

How Does Creative Commons Work? CC licenses let people easily change their copyright terms from the default of “all rights reserved” to “some rights reserved.” Creative Commons licenses are not an alternative to copyright. They apply on top of copyright, so you can modify your copyright terms to best suit your needs. The creative commons licenses work globally. Step 1: Choose Conditions

Copy, distribute, display, perform sometimes remix

Attribution - Just give credit

Non-Commercial - Permission needed for commercial purposes Share Alike - Alter the work but distribute under the original CC license No Derivative Works - Only copy, distribute, display, and perform without making changes

Attribution. You let people copy, distribute, display, perform, and remix your copyrighted work, as long as they give you credit the way you request. All CC licenses contain this property.

Non-Commercial. You let people copy, distribute, display, perform, and remix your work for non-commercial purposes only. If they want to use your work for commercial purposes, they must contact you for permission.

Share Alike. You let people create remixes and derivative works based on your creative work, as long as they only distribute them under the same Creative Commons license that your original work was published under.

No Derivative Works. You let people copy, distribute, display, and perform only verbatim copies of your work — not make derivative works based on it. If they want to alter, transform, build upon, or remix your work, they must contact you for permission. License Conditions Creators choose a set of conditions they wish to apply to their work. Attribution (by) All CC licenses require that others who use your work in any way must give you credit the way you request, but not in a way that suggests you endorse them or their use. If they want to use your work without giving you credit or for endorsement purposes, they must get your permission first. ShareAlike (sa) You let others copy, distribute, display, perform, and modify your work, as long as they distribute any modified work on the same terms. If they want to distribute modified works under other terms, they must get your permission first. NonCommercial (nc) You let others copy, distribute, display, perform, and (unless you have chosen NoDerivatives) modify and use your work for any purpose other than commercially unless they get your permission first. NoDerivatives (nd) You let others copy, distribute, display and perform only original copies of your work. If they want to modify your work, they must get your permission first. Piracy What is Piracy?

The illegal act of duplication of licensed or copyright material from internet. Printed matter Audio content: music Audiovisual content: movie, TV series etc. Software Forms of piracy

Acquiring illegal copy Distributing the illegal copy End user piracy Hard disk loading Software counterfeiting Internet piracy

End user piracy, and it occurs when users of software install the software on more machines than they are entitled to under their license agreements hard disk loading, and it occurs when computer dealers install illegal copies of software onto computers prior to their sale. software counterfeiting, and it involves the illegal reproduction, and subsequent sale of software in a form that is nearly identical to the original product.

Internet piracy, and it occurs when individuals place unauthorized copies of software on the Internet for download. How Piracy Happens

Peer to peer sharing Camcording Telesync Telecine Screeners Downloadable media

Camcording - When someone enters a theater with any type of recording device — camcorder, smartphone, voice recorder, etc. — and intentionally records or photographs any portion of the video or audio track of a movie, that person is engaging in camcorder piracy.

A telesync (TS) is a bootleg recording of a film recorded in a movie theater, sometimes filmed using a professional camera on a tripod in the projection booth. The main difference between a CAM and TS copy is that the audio of a TS is captured with a direct connection to the sound source (often an FM microbroadcast provided for the hearing-impaired, or from a drive-in theater). Often, a cam is mislabeled as a telesync.

Telecine - A copy captured from a film print using a machine that transfers the movie from its analog reel to digital format. These were rare because telecine machines for making these prints were very costly and very large. However, they have recently become much more common. Telecine has basically the same quality as DVD, since the technique is same as digitizing the actual film to DVD. However, the result is inferior since the source material is usually a lower quality copy reel. Telecine machines usually cause a slight left-right jitter in the picture and have inferior color levels compared to DVD.

Screeners - These are early DVD or BD releases of the theatrical version of a film, typically sent to movie reviewers, Academy members, and executives for review purposes. A screener normally has a message overlaid on its picture, with wording similar to: "The film you are watching is a promotional copy. If you purchased this film at a retail store, please contact 1-800-NO-COPIES to report it." or more commonly if released for awards consideration simply, "FOR YOUR CONSIDERATION.”

Digital Distribution Copy or Downloadable/Direct Digital Content[9] A digital distribution copy (DDC) is basically the same as a Screener, but sent digitally (FTP, HTTP, etc.) to companies instead of via the postal system. This makes distribution cheaper. Its quality is lower than one of a R5, but higher than a Cam or Telesync. How Piracy Happens

Streaming media PVR/DVR and Video-on-Demand Cable, satellite TV Workprint Theatrical print DVD rip

Workprint - A copy made from an unfinished version of a film produced by the studio. Typically a workprint has missing effects and overlays, and often differs from its theatrical release. Some workprints have a time index marker running in a corner or on the top edge; some may also include a watermark. A workprint might be an uncut version, and missing some material that would appear in the final movie (or including scenes later cut).

Pay-Per-View Rip[8]. PPVRips come from Pay-Per-View sources. All the PPVRip releases are brand new movies which have not yet been released to Screener or DVD, but are available for viewing by hotel customers. Who are Pirates?

Computer dealers Ordinary Internet users Amateurs Professionals How Piracy is combated? Legislative Motion Picture Association of America (MPAA) 1997 “No Electronic Theft Act (NET Act) “Digital Millennium Copyright Act of 1998 Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 the Berne Convention for the Protection of Literary and Artistic Works The Universal Copyright Convention. Technology

Ranger, a sophisticated search engine

Cease and desist

Internet piracy task force

Concealed video cameras in theatres.

Night vision goggles

Digital Rights Management (DRM)

Encryption software and technology

Website containing illegal movies are shut down

Digital rights management is a far-reaching term that refers to any scheme that controls access to copyrighted material using technological means. In essence, DRM removes usage control from the person in possession of digital content and puts it in the hands of a computer program. The applications and methods are endless -- here are just a few examples of digital rights management: •A company sets its servers to block the forwarding of sensitive e-mail. •An e-book server restricts access to, copying of and printing of material based on constraints set by the copyright holder of the content. •A movie studio includes software on its DVDs that limits the number of copies a user can make to two. •A music label releases titles on a type of CD that includes bits of information intended to confuse ripping software. Anti-Piracy law in India India Copyright Act, 1994 Amendment of 2012 Section 65A -Up to 2 years imprisonment and fine. Section 65B - sells, distributes, imports, broadcast or communicate to the public

India Copyright Act, 1994 Amendment of 2012 Section 65A - In case a person circumvents the copyright of the protected work with the intention of infringing the right of the owner…punishable with imprisonment up to 2 years and shall also be liable for fine. Section 65B - Any person who sells, distributes, imports, broadcast or communicate to the public, copies of any work or performance without authority, knowing that the rights management information has been removed or altered without authority is punishable under this section. Punishment of maximum two years is prescribed by the Act this could be with or without fine. Copyright protection in films extends to

Infringement of cinematograph films – section 51 read with section 14(d) of the Act John Doe Orders

NASSCOM (National Association of Software and Services Companies )

Infringement of cinematograph films – section 51 read with section 14(d) of the Act making a copy of the film; taking a photograph of any image forming a part of the film; selling, giving in hire or offering for sale or hire any copy of the film, irrespective of its earlier sale or hire; Communicating the film to the public. John Doe Orders - If identities of defendants are unknown, the movie makers can make use of such orders to block the whole website.

Anti-Piracy Activities NASSCOM (National Association of Software and Services Companies ) Removal of import duty Media campaign Software Management Seminars implementation of Code of Conduct Awareness and training programs for police officers Distribution of brochures and stickers Anti-Piracy Billboards, Hotline for piracy complaints Case studies • A 25 year old boy who allegedly uploaded the movie ‘Udta Punjab’ in his website for masses to download two days before the release. The cyber cell of Mumbai Police arrested him.

• In 2015 after the petition from the makers of Piku, Delhi High Court passed a piracy restraining orders against websites and cable operators from streaming, broadcasting or publishing online the film Piku without permission.

• In 2011, for the Bodyguard Movie case, John Doe orders were passed by the Delhi High Court. The Right to Information Act

Official Citation Act No. 22 of 2005

Date of Presidential Assent 15th June, 2005

“Right to Information Bill, 2004” (RTI) was passed by both the Houses of Parliament on May, 2005 which received the assent of the President on 15th June, 2005. “The Right to Information Act” was notified in the Gazette of India on 21st June, 2005. The “The Right to Information Act” became fully operational from 12th October, 2005. What is RTI? The right of every citizen to access information held by or under the control of public authorities. The public authority should computerise their records. Objectives and Reasons

Freedom Of Information Act, 2002 (FOIA)

Article 19 of the constitution of India - Freedom of expression

To make the Freedom Of Information Act, 2002 (FOIA)more progressive, participatory and meaningful

To provide effective framework for effectuating freedom of expression recognised under Article 19 of the constitution of India. Preamble

•Informed citizenry •Transparency •Prevents corruption •Accountability

Core Principles Principle 1 - Maximum proactive disclosure Principle 2 - Obligation to publish Principle 3 - Promotion of open government Principle 4 - Limited scope of exemptions Principle 5 - Processes to facilitate access Principle 6 – Reasonable costs Principle 7 - Disclosure takes precedence Applicable to • Executive – The Executives of the Union, – States – Union territories; Private bodies are not • Legislature – Parliament, directly under the Act. – State Legislatures, – Union territories Legislatures, – Panchayats – Municipalities • Judiciary – The Supreme Court – High Courts in the states – Subordinate courts – Tribunals

Any institution or body established by an Act of Parliament or a State Legislature, Bodies directly or indirectly financed by government or non-government organisations Private bodies are not directly under the Act. Privatised Public Utility companies, have been brought under the RTI Act by Central Information Commission. Organisations Exempted: • Intelligence Bureau,

• Research Analysis Wing,

• Directorate of Revenue Intelligence,

• Central Economic Intelligence Bureau,

• Directorate of Enforcement,

• Narcotics Controlled Bureau,

• Central Investigation Bureau

Exemption from disclosure of information s.8 (1)(a) Information, disclosure of which would affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. forbidden to be published leading to contempt of court. breach of privilege of Parliament or the State Legislature. commercial confidence, trade secrets intellectual property. fiduciary relationship (confidential) received in confidence from foreign Government. Endanger the life or physical safety of any person impede the process of investigation or prosecution of offenders Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers personal information causing unwarranted invasion of the privacy.

RTI extends to the whole of India Except the State of Jammu & Kashmir

But any citizen of India, including from J&K can seek information from a public authority under this law.

The Jammu & Kashmir Right to Information Act, 2009 came into force on 20 March 2009 Information ● records

● documents

● memos

● e-mails

● opinions

● advices

● press releases

Record {s.2(i)} includes- any document, manuscript and file; any microfilm, microfiche and facsimile copy of a document; any reproduction of image or images embodied in such microfilm (whether enlarged or not) any other material produced by a computer or any other device

…right to information {s.2(j)} includes the right to- inspection of work, documents, records; taking notes, extracts or certified copies of documents or records; taking certified samples of material

Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts;

Obligations of public authorities –{s.4(1)(c)}

every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public. every information shall be disseminated widely and in such form and manner which is easily accessible to the public. …Information ● circulars

● orders

● logbooks

● contracts

● reports

● papers

● samples

● Models

● data material held in any electronic form Who will give the information?

• Public Information Officer (PIO).

• Submit a request to PIO in writing or electronically.

• If the request concerns some other Public Authority, it is the responsibility of the PIO to transfer or forward the request to his counterpart

Who will give the information? All organisations must appoint a Public Information Officer (PIO) to provide information. Any citizens can submit a request to the PIO in writing or electronically for any information. If the request concerns some other Public Authority, it is the responsibility of the PIO to transfer or forward the request to his counterpart How to go about it?

• Request in English/Hindi/ oﬃcial language of your area.

• Particulars of information.

• Name and contact details.

• No need to give reason.

• Specify format eg. photocopies, printouts, email, ﬂoppy, CD etc.

• Assistance if required.

• Prescribed fees The cost… To submit your request Rs. 10-00 To receive information: • A-4 or A-3 - Rs. 2-00/page • Larger size - Actual charge / cost price • Diskette / ﬂoppy - Rs. 50-00 • Samples / Models - Actual charge / cost price • Printed matter - Rs. 2 / page of photocopy For Inspection of records: • First hour Free • Each subsequent hour - Rs. 5-00 The cost…

• cash / demand draft / banker’s cheque / Indian postal order

• Payable to the Accounts Officer of the public authority.

• Fees may vary from one state to another.

• Below Poverty Line persons (who have to produce their ID) will not pay. Time taken?

• 30 days from date of receipt • Plus 5 days if application given to Assistant Public Information Officer. • 48 hours if life and liberty of a person is at stake.

• 45 days for information pertaining to allegations of violation of human rights • Failure to provide information within the speciﬁed period is deemed as refusal. Complaint • The Information Commission can impose penalty of Rs. 250/- per day, up to a maximum of Rs. 25,000/- on erring PIOs for: -obstructing furnishing of information in any manner

-Knowingly giving incomplete, incorrect, misleading information

-delaying information without reasonable cause

-malaﬁdely denying information

-destroying information that has been requested

-refusing an application

To the Central / State Information Commission: If no Public Information Officer is appointed. If the APIO or the PIO refuses your request. If unreasonable fees are demanded by the PIO. If incomplete, misleading or false information is given.

The State Information Commission shall consist of- the State Chief Information Commissioner; Not more than ten State Information Commissioners. The Central Information Commission shall consist of- the Chief Information Commissioner; Not more than ten Central Information Commissioners. • First Appeal: to the oﬃcer senior to PIO within 30 days of expiry of time limit.

• Second Appeal: Central Information Commission or the State Information Commission within 90 days of the date of First Appellate Authority .

The headquarters - Central Information Commission is in Delhi

Central Information Commission with approval of the Central Government, has established oﬃces at other places in India.

First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision. Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority .

There is no time limit prescribed under the Act for deciding second appeals. Burden of proving that denial of Information was justified lies with the PIO. First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days for reasons to be recorded in writing. [Section19 (6)] ALWAYS BE INFORMED