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Media Ethics and Laws Prashant Jaiwardhan, Published by - Jharkhand Rai University Subject: MEDIA ETHICS AND LAWS Credits: 4 SYLLABUS Introduction to Legal System Jurisprudence; Laws: Definition; Sources of Law: Custom; Precedent; Statute; Types of Laws: Criminal; Civil; Tort; History of Indian Media Laws. Judicial Systems in Relation to Media Indian Constitution; Freedom of the Press; Structure of Judicial System in India; Supreme Court; High Court; Lower Courts; Introduction to Civil Procedure Code; Introduction to Criminal Procedure Code and Arrest; Trial; Charge; Trials of Different Cases; Judgment; Appeal; Execution; Press Council of India; Press Council Act, 1965, 1978; Press Council and Media Management. Laws, Bills and Acts Related to Media Profession Introduction to Indian Penal Code; Publication of Objectionable Materials: Defamation, Legal Procedure in Defamation, Right to Privacy; Introduction to Copyright; Copyright Act, 1957; International Copyright Order, 1999; Obscenity; Indecent Representation of Women (Prohibition) Act, 1986; Prasar Bharati: 1990; Official Secrets Act, 1923; Contempt of Courts Act, 1971; Protection of Civil Rights Act, 1955; Freedom of Information Bill, 1998, 2000; Parliamentary Proceedings Act, 1971; Wireless and Telegraphy Act, 2000; Information Technology Act, 2000. Ethics and Journalistic Professionals Introduction to Ethics; Press Council’s Norms of Journalistic Conduct; AIR News Policy for Broadcast Media; Broadcasting Code; Rights, Duties and Restrictions of Media Professionals; Politics and Elections; Communal Issues; Financial Reporting; Investigative Reporting; Court Reporting; Reporting Sex Related Offences; Juvenile Crimes; Reporting on the Web; Reporting with Accuracy; Being Fair; Balanced and Impartial; Maintaining Good Taste and Decency; Protecting Confidential Source of Information; Other Duties and Restrictions. Suggested Readings: 1. History of Press, Press Laws and Communications, BN Ahuja, Surjeet Publications. 2. Mass Media Laws and Regulations in India, Venkat Iyer (Edited), Bahri Sons. 3. Media Ethics, Barrie Macdonald and Michel Petheram, Continuum International Publishing Group Media Ethics and Laws Table of Contents INTRODUCTION TO LEGAL SYSTEM Lesson 1 Jurisprudence, Laws - Definition Lesson 2 Sources of Law - custom, precedent, statute Lesson 3 Types of Laws - criminal, civil, tort Lesson 4 History of Indian Media Laws JUDICIAL SYSTEMS IN RELATION TO MEDIA Lesson 5 Indian Constitution Lesson 6 Freedom of the Press Lesson 7 Structure of Judicial System in India Lesson 8 Supreme Court Lesson 9 High Court Lesson 10 Lower Courts Lesson 11 Introduction to Civil Procedure Code Lesson 12 Introduction to Criminal Procedure Code and Arrest Lesson 13 Trial Lesson 14 Charge Lesson 15 Trials of Different Cases Lesson 16 Judgment Lesson 17 Appeal Lesson 18 Execution Lesson 19 Press Council of India Lesson 20 Press Council Act,1965, 1978 Lesson 21 Press Council and Media Management LAWS, BILLS AND ACTS RELATED TO MEDIA PROFESSION Lesson 22 Introduction to Indian Penal Code Lesson 23 Publication of Objectionable Materials: Defamation Lesson 24 Legal Procedure in Defamation Lesson 25 Right to Privacy Table of Contents (contd) Lesson 26 Introduction to Copyright Lesson 27 Copyright Act – 1957 Lesson 28 International Copyright Order - 1999 Lesson 29 Obscenity Lesson 30 Indecent Representation of Women (Prohibition) Act, 1986, Lesson 31 Prasar Bharati – 1990 Lesson 32 Official Secrets Act,1923 Lesson 33 Contempt of Courts Act 1971 Lesson 34 Protection of civil Rights Act, 1955 Lesson 35 Freedom of Information Bill, 1998, 2000 Lesson 36 Parliamentary Proceedings Act – 1971 Lesson 37 Wireless and Telegraphy Act – 2000 Lesson 38 Information Technology Act - 2000 ETHICS AND JOURNALISTIC PROFESSIONALS Lesson 39 Introduction to Ethics Lesson 40 Press Council’s norms of Journalistic conduct, Lesson 41 AIR news policy for broadcast media, Broadcasting code Lesson 42 Rights, Duties and Restrictions of Media Professionals Politics and elections Communal issues Financial reporting Investigative reporting Court reporting Reporting sex related offences Juvenile crimes Reporting on the Web Lesson 43 Reporting with accuracy Being fair, balanced and impartial Maintaining good taste and decency Protecting confidential source of information Other duties and restrictions Appendix Glossary of legal terms Case studies Reference Lesson 1 Jurisprudence Dear Student, This lesson helps you to enter and appreciate the need for laws to live in a society, understand the concepts of the philosophy of law, and helps you to develop skill for judicial reasonng. At the end of this lesson; You should be able to understand what is jurisprudence You should know the definition of law and justice You should get a clear picture of different types of law You should know the various sources of laws in India You should learn the history of media related laws in Inda The word jurisprudence derives from the Latin term juris prudentia, which means “the study, knowledge, or science of law.” It is a branch of philosophy concerned with the law and the principles that helps courts to make decisions. Thus jurisprudence answers what is law and how to make judicial decisions. It seeks to analyze, explain, classify, and criticize entire bodies of law. It interprets the laws in the light of the emerging trends in the other branches of studies like, literature, economics, religion, and the social sciences. It reveals the historical, moral, and cultural basis of a particular legal concept. It also deals with the rigidity and flexibility of law. Media Laws and Ethics ` 1 Jurisprudence is a very abstract concept, and therefore understood differently by different schools of thought. According to Formalists judges identify relevant legal principles, apply them to the facts and context of a case, and logically deduce a rule that will govern the outcome of the dispute. Legal realists on the contrary, believe that judges pass judgment based on their political, economic, and psychological inclinations. One of the latest developments in jurisprudence is the gender sensitivity. Gender sensitive Jurisprudence makes neutral laws that apply equally with both the sexes. Feminist Jurisprudence originated in the 60’s in America. Basis assumption is that the language, logic, and structure of the law are male created and reinforced by male values. Gender sensitive jurisprudence has helped administering justice in a better way when the issues are related to employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment. What is Justice There is no universally accepted definition for justice. Generally it is understood to be ‘giving a person what is due to him’. Justice is a social product and differs from group to group. Justice for one society is injustice for another because, it is a function of the assumptions and worldview of groups of people concerning right and wrong. As every worldview or belief system is equally valid and important for that group of people, there is no true and single universal justice. Justice seeks to establish equilibrium in society when something goes ‘wrong’, in a way that is administratively feasible and acceptable to all parties, according to a code of law. Thus justice is action oriented. Media Laws and Ethics `2 Justice has to be given by a group that has the legal power vested on them by the society. While capital punishment given by a court is justice, the same order given by a group of people is illegal which is taken up by the same court for delivering justice. Justice, in a functional form, is the idea that, within the same value system an infringement or a wrong action is entitled to receive a similar or related amount of corrective action within the same system, and that receipt is exempted from being considered wrong. For example, in a society of people having the same value system, where physical assault and stealing are both considered wrong, when physical assault is given as a punishment for stealing that corrective action is not considered wrong. Sep. 11 attack on World Trade Centre was just for Al-Qaeda and five percent of people in the world, while 99% of Americans and 95% of the world considered it unjust. While around 30% of the world supported the attack on Iraq the majority condemned it, yet it was done. Iraq once had one of the best health profiles in the world. But after the nine years of UN embargo, the death rate of children under five has been averaging about 5,000 per month, hospitals suffered from chronic shortages of medicines, and about 1.5 million people died of different sickness, all ‘sanctioned’ by an international agency which works for the welfare of all nations. By the ‘international justice’ administered by United States and United Kingdom, starvation, pollution, death and radiation engulfs Iraq. This was to prevent Saddam Hussein from developing weapons of mass destruction, ‘genocide to prevent a possible genocide!’ What is law? John Salmond, an expert in law defines law as those principles applied by state in the administration of justice. He and Thomas Aquinas considered justice as the goal of laws. Thus, laws Media Laws and Ethics ` 3 are a set of rules for society, designed to protect basic rights and freedom, and to treat everyone fairly. It is a set of obligations to each other to enable society as whole to live in peace and harmony. Laws are either made by individuals through contracts or are imposed on them by a law establishing body. Rights, Rules and Laws Rights are born with, or given to an individual, in which he/she takes decision. Some rights are granted by a law making body, and some are taken away. Rules are guidelines for adherence to certain behavioral patterns. There are rules for games, for social clubs, for sports and for adults in the workplace. There are also rules imposed by morality and custom that play an important role in telling us what we should and should not do. The state or the court make and enforce laws. Laws offer a fair division of benefits for those who follow it and burdens for those who break it.
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