PAPER V MEDIA LAWS AND MEDIA ETHICS

Unit- I

Constitutional Guarantees of Freedom of Speech and Expression

Objectives:

To get a better understanding in Fundamental Rights

To understand the Indian constitution and its privileges

Introduction

Media Laws covers various fields including media outlet of all types. It covers the following fields.

 Advertising

 Broadcasting

 Censorship

 Confidentiality

 Contempt

 Copyright

 Corporate law

 Defamation

 Entertainment

 Freedom of information

 Internet

 Information technology

 Privacy

1  Telecommunications

1.1 The Right to Public and the Right to Privacy

Constitution of India provides Fundamental Rights under Chapter III. These rights include Equality, Freedom, Against Exploitation, Freedom to follow any Religion, Cultural and

Educational Rights and Right to Constitutional Remedies. These rights apply to every citizen irrespective of gender, caste, race and place of birth.

Privacy is a Fundamental right of every citizen. Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

Privacy Bill was passed in 2011 saying “every individual shall have a right to his privacy confidentiality of communication made to, or, by him including his personal correspondence, telephone conversations, telegraph messages, postal, electronic mail and other modes of communication; confidentiality of his private or his family life; protection of his honor and good name; protection from search, detention or exposure of lawful communication between and among individuals; privacy from surveillance; confidentiality of his banking and financial transactions, medical and legal information and protection of data relating to individual.” The bill gives protection from a citizen's identity theft, including criminal identity theft (posing as another person when apprehended for a crime), financial identify theft (using another's identity to obtain credit, goods and services), etc.

1.2 Constitutional Restrictions on Press/Media Freedom

The Freedom of the Press is nowhere mentioned in the Indian constitution. The Right to

Freedom of Speech and Expression is provided in Article 19 of the Indian Constitution. It is

2 believed that Freedom of Speech and Expression in Article 19 of the Indian constitution include freedom of the press. The restrictions mentioned in Article 19 are defamation, contempt of court,

Integrity of India, Security of the State, Friendly Relations with neighboring Countries, Public order, Decency or morality, Contempt of Court and Contempt of Legislature, Defamation, and

Incitement to an offence.

1.2.1 Defamation

Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.

There are 10 exceptions and four explanations for this.

Exception:

1. It is not defamation to impute anything which is true concerning any person, if it is for

public good that the imputation should be made or published.

2. It is not defamation to express in good faith any opinion whatever regarding the conduct

or character of a public servant in discharge of his public function.

3. It is not defamation to express in good faith any opinion regarding the conduct or

character of any person touching any public question.

4. It is not defamation to publish a substantially true report or result of a court of justice or

any such proceedings.

5. It is not defamation to express in good faith any opinion regarding the merits of any case,

civil or criminal, which has been decided by a court of justice, or the conduct of any

3 person as a party, the witness or the agent in any such case, or regarding the character of

such person as far as his character appears in that conduct, and no further.

6. It is not defamation to express in good faith any opinion regarding the merits of any

performance which an author has submitted to the judgment of the public, or respecting

the character of the author so far as his character appears in such performance, and no

further.

7. It is not defamation if a person having any authority over another person, either conferred

by law or arising out of a lawful contract made with that other, to pass in good faith any

censure on the conduct of that other in matters to which such lawful authority relates.

8. It is not defamation to prefer in good faith an accusation against any person to any of

those who have lawful authority over that person with respect to the subject matter of

accusation.

9. It is not defamation to make an imputation on the character of another person, provided

that it is made in good faith by the person for his protection, or of any other person, or for

the public good.

10. It is not defamation to convey a caution to one person against the other, intended for the

food of a person to whom it is conveyed or for public good.

Explanation:

1. It may amount to defamation to impute anything to a deceased person, if that imputation

would harm the reputation of a person, if living, and is intended to hurtful to the feelings

of his family or other near relatives.

2. It may amount to defamation to make an imputation concerning a company or an

association or collection of persons as such.

4 3. An imputation in the form of an alternative or expressed ironically, may amount to

defamation.

4. No imputation is said to harm a person’s reputation, unless that imputation directly or

indirectly, in the estimation of others, lowers the moral or intellectual 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 body of that person is in a loathsome state or in a state

generally considered as disgraceful.

Section 500: Punishment for defamation

Whoever defames another shall be punished with simple imprisonment for a term which

may extend to two years, or with fine, or with both.

Section 501: Printing or engraving matter know to be defamatory

Whoever prints or engraves any matter, knowing or having good reason to believe that

such matter is defamatory of any person, shall be punished with simple imprisonment for

a term which may extend to two years, or with fine, or with both.

Section 502: Sale of printed or engraved substance containing defamatory matter

Whoever sells or offers for sale any printed or engraved substance containing defamatory

matter, knowing that it contains such matter, shall be punished with simple imprisonment

for a term which may extend to two years, or with fine, or with both.

Section 95: power to declare certain publications forfeited and to issue search warrants for the same

1. Where –

(a) Any newspaper, or book, or

5 (b) Any document, wherever printed, appears to the state government to contain any

matter the publication of which is punishable under section 124A or section 153A or

section 153B or section 292 or section 293 or section 295A of the Indian penal code, the

state government may, by notification, stating the grounds of its opinion, declare every

copy of the issue of the newspaper containing such matter, and every copy of such book

or other document to be forfeited go government, and thereupon any police officer may

seize the same wherever found in India and any magistrate may by warrant authorize any

police officer not below the rank of sub inspector to enter upon and search for the same in

any premises where any copy of such issue or any such book or other document may be

or may be reasonably suspected to be.

2. Section 96,

(a) “Newspaper” and “book” have the same meaning as in the press and registration

of books act, 1867

(b) “Document” includes any painting, drawing or photograph, or other visible

representation.

3. No order passed or action taken under this section shall be called in question in

any court otherwise than in accordance with the provisions of section 96.

1.2.2 Contempt of Court

Contempt of court is behavior that opposes or defies the authority, justice, and dignity of the court. Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors; witnesses; or people who insert themselves in a case, such as

6 protesters outside a courtroom. Courts have great leeway in making contempt charges, and thus confusion sometimes exists about the distinctions between types of contempt. Generally, however, contempt proceedings are categorized as civil or criminal, and direct or indirect.

Salient features of the act

According to this act, contempt could be civil or criminal.

Section 2(a) “contempt of court” means civil contempt or criminal contempt;

Section 2(b) “civil contempt “means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking fiven to a court;

Section 2(c) “criminal contempt” means the publication (whether by words, spoken or written or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-

(i) Scandalizes, or tends to scandalize, or lowers or tends to lower the authority of any court; or

(ii) Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

1.3 Privileges of Media personnel

The Indian Constitution does not provide freedom for media independently. But there is an indirect provision for media freedom. It gets derived from Article 19(1) (a). This Article guarantees freedom of speech and expression. The freedom of mass media is derived indirectly from this Article. Our Constitution also lays down some restrictions in the form of Article 19(2).

7 Article 19 of the Indian constitution lays down, "All citizens shall have the right to freedom of speech and expression, to assemble peaceably, 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 property and to practice any profession or to carry on any occupation, trade or business. However the right to freedom of speech and expression shall not affect the operation of any existing law or prevent the state from making any law insofar as such law imposes reasonable restrictions on the exercise of that right in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public decency or morality or In relation to contempt of court, defamation or incitement to offence”

1.4 Right of the public

1.4.1 Right of Reply and Right of correction

When public criticism or unfavorable judgment is levied against a person or an organization, this person or institution retains the right to present a spirited defense in the very same forum or venue in an attempt to absolve oneself. This right, referred to as Right of Reply, is an unwritten one in several countries. In some countries such as Brazil, the Right to Reply is a constitutional right. Several leading publications and global media houses have Right of Reply as a part of an editorial policy.

In many international forums, including the United Nations, the Right of Reply has often been exercised to influence global opinions and to defend national interests against criticism. The

United Nations Association of the United Kingdom defines Right of Reply (in the UN context) thus – “A right to speak in reply to a previous speaker’s comment, invoked when a delegate feels that their personal or national integrity has been insulted or slandered by another’s speech”.

8 In several countries, persons who believe they have been portrayed in a false light by a media report are entitled by law to have a reply published by the same outlet. There are two basic categories of the right to reply. The first, which could more exactly be called a ‘right of correction’, is limited to a right to point out erroneous information; the media outlet’s editors are required to correct the mistake, but may do so in their own words. The second is a right for the aggrieved individual to demand newspaper space or broadcast time from the media outlet in order to ‘set the record straight’. This second manifestation of the right of reply clearly constitutes a far greater interference with the ‘right not to speak’.

1.5 Right and Access to information.

Indian Constitution provides its citizens the privilege of accessing information through

RTI Act, 2005. Any citizen of India may request information from a Public authority (a body of

Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.

Conclusion

Understanding the basics of constitution is very essential for a media person. This unit had provided some basic details on Fundamental Rights such as Right to reply, the privileges of a media person.

Exercises

1. How does Constitution restrict Media?

2. What are the privileges of a Media Person?

9 3. Describe how right to privacy is important in every individual’s life?

4. Explain RTI

References

1. M.Neelamalar, Media Law and Ethics, PHI Learning, New Delhi 2015

2. Press Council of India, Annual Report, Delhi, 1979.

Web References

1. http://www.legalservicesindia.com

2. http://www.importantindia.com/2011/freedom-of-press-in-indian-constitution/

3. http://www.tn.gov.in/rti/procedure.htm

10 Unit – II

Legal Restrictions on Press/Media Freedom

Objectives:

To know about IPC and its major sections

To know about contempt of Court in detail

To know about CrPC and its sections

2.1 The India penal Code 1860(Laws of Libel, Slander and Defamation)

The Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. It is subdivided into twenty three chapters, comprises five hundred and eleven sections. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Charter Act of

1833 under the Chairmanship of Thomas Babington Macaulay.

Section 124A: Sedition.

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government estab-lished by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1: The expression “disaffection” includes disloyalty and all feelings of enmity.

11 Explanation 2: Comments expressing disapprobation of the meas-ures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3: Comments expressing disapprobation of the admin-istrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Section 153A:

1. The act of promoting enmity between different groups on grounds of religion, race, place

of birth, residence, language, caste, community or any other group.

2. Acts prejudicial to the maintenance of harmony between different groups or castes or

communities, if the acts disturb public tranquility.

3. Acts causing fear or alarm or a feeling of insecurity among members of any religious,

racial, language or regional group or caste or community by use of criminal force or

violence against them.

Section 171G: False statement in connection with an election.

Whoever with intent to affect the result of an election makes or publish-es any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

2.2 The Indian Official Secrets Act of 1923.

12 India Official Secrets Act states clearly that any action which involves helping an enemy state against India. In 1923 the Official Secrets Act was passed in order to update and consolidate the existing provisions of Indian Official Secrets Act of 1889, along the lines of the

British Acts of 1911 and 1920. The earlier Act was repealed. Section 5 of this Act, which affects the Press deals with “official secrets” and relates to “wrongful communication of information.” It also states that one cannot approach, inspect, or even pass over a prohibited government site or area. In this Act, unless there is anything repugnant in the subject or context, any reference to a place belonging to Government includes a place occupied by any department of the Government, whether the place is or is not actually vested in Government; expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself, or the substance, effect or description thereof only be communicated or received; expressions referring to obtaining or retaining any sketch, plan, model, article, note or document, include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note or document; and expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of any sketch, plan, model, article, note or document.

Section 3 Penalties for spying

(1) If any person for any purpose prejudicial to the safety or interests of the State—

(a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or

(b) makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; or

13 (c) obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy [or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign

States], he shall be punishable with imprisonment for a term which may extend, where the offence is committed in relation to any work of defense, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of or in relation to any secret official code, to fourteen years and in other cases to three years.

2.3 The Young persons (Harmful Publications) Act of 1956

Young persons (Harmful Publications) Act is to prevent the dissemination of certain publications harmful to young persons. It had been enacted by Parliament in the Seventh Year of the Republic of India.

2.4 Indian copyright Act of 1957

Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work. The scope and duration of protection provided under copyright law varies with the nature of the protected work.

14 Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the license of the owner of the copyright.

2.5 The contempt of courts Acts of 1971.

Contempt of court is behavior that opposes or defies the authority, justice, and dignity of the court. Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors; witnesses; or people who insert themselves in a case, such as protesters outside a courtroom. Courts have great leeway in making contempt charges, and thus confusion sometimes exists about the distinctions between types of contempt. Generally, however, contempt proceedings are categorized as civil or criminal, and direct or indirect.

Anything that curtails or impairs the freedom of limits of the judicial proceedings

Any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation. Consisting of words spoken or written which obstruct or tend to obstruct the administration of justice.

Publishing words which tend to bring the administration of Justice into contempt, to prejudice the fair trial of any cause or matter which is the subject of Civil or Criminal proceeding or in any way to obstruct the cause of Justice.

2.5.1 Civil contempt: willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court

2.5.2 Criminal contempt: publication (whether by words. spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-

15 (i) Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court ; or

(ii) Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding;

(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

2.6 The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954

An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities.

2.6.1 Penalty Whoever contravenes any of the provisions of this Act [or the rules made there under] shall, on conviction, be punishable –

a) in the case of a first conviction, with imprisonment which may extend to six months, or

with fine, or with both;

b) in the case of a subsequent conviction, with imprisonment which may extend to one year,

or with fine, or with both.

2.7 The Criminal Procedure code of 1973

The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

At present, the Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are divided into 37 Chapters.

16 2.8 The Press council Act of 1978

The Press Council of India is a statutory body in India that governs the conduct of the print media. It is one of the most important bodies that sustain democracy, as it has supreme power in regard to the media to ensure that freedom of speech is maintained. However, it is also empowered to hold hearings on receipt of complaints and take suitable action where appropriate.

It may either warn or censure the errant journalists on finding them guilty.

2.8.1 Objects and Functions of the Press Council

The objects of the Council shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India.

The Council may, in furtherance of its objects, perform the following functions, namely :

(a) to help newspapers and news agencies to maintain their independence;

(b) to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards;

(c) to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;

(d) to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism;

(e) to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance;

17 (f) to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by an individual, association of persons or any other organization.

2.9 The Indecent Representation of Women Act of 1986

The Indecent Representation of Women (Prohibition) Act, 1986 an Act of the Parliament of India which was enacted to prohibit indecent representation of women through advertisement or in publications, writings, paintings, figures or in any other manner.

Prohibition of advertisements containing indecent representation of women.—No person shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.

Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women.

No person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form: Provided that nothing in this section shall apply to

(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure—

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure is in the interest of science, literature, art, or learning or other objects of general concern; or

18 (ii) which is kept or used bona fide for religious purposes;

(b) any representation sculptured, engraved, painted or otherwise represented on or in—

(i) any ancient monument within the meaning of the Ancient Monument and Archaeological

Sites and Remains Act, 1958 (24 of 1958); or

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose;

(c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of

1952), will be applicable.

2.10 MRTPC (Monopolies and Restrictive Trade Practices Commission.) 1969

Post independence, many new and big firms have entered the Indian market. They had little competition and they were trying to monopolize the market. The Government of India understood the intentions of such firms. In order to safeguard the rights of consumers,

Government of India passed the MRTP bill. The bill was passed and the Monopolies and

Restrictive TRADE PRACTICES Act, 1969, came into existence. Through this law, the MRTP commission has the power to stop all businesses that create barrier for the scope of competition in Indian economy.

2.10.1 Monopolistic Trade Practice

Such practice indicates misuse of one's power to abuse the market in terms of production and sales of goods and services. Firms involved in monopolistic trade practice tries to eliminate competition from the market. Then they take advantage of their monopoly and charge unreasonably high prices. They also deteriorate the product quality, limit technical development, prevent competition and adopt unfair trade practices.

19 2.10.2 Unfair Trade Practice

The following may result in an unfair trade practice:

1. False representation and misleading advertisement of goods and services.

2. Falsely representing second-hand goods as new.

3. Misleading representation regarding usefulness, need, quality, standard, style etc of goods

and services.

4. False claims or representation regarding price of goods and services.

5. Giving false facts regarding sponsorship, affiliation etc. of goods and services.

6. Giving false guarantee or warranty on goods and services without adequate tests.

Conclusion

This unit had provided with details on contempt of court, Indian penal code, criminal penal code and monopoly trade acts.

Exercises

1. Explain the provisions of CrPC relevant to Media

2. What is Contempt of Court?

3. Explain the importance of Press Council Act.

4. What are the punishable representations of women under Indecent Representation of

Women Act of 1986?

References

Press Council of India, Annual Report, Delhi, 1979.

Web References

20 http://www.eiilmuniversityonline.com/coursepack/media/Media_Ethics_Laws.pdf http://lawcommissionofindia.nic.in/ http://www.caaa.in/image/media_laws.pdf

21 Unit – III

Laws to protect Media Persons

Objectives:

To know about Industrial Dispute act

To know about Working Journalist act

3.1 Labour Wages Laws

Labour Wages laws and acts sets the minimum wages paid to be the skilled and the unskilled labours. Indian constitution has defined a minimum or living wage for the workers assigning according to the basic economic standards of the society.

Some of the labour laws are also applicable to the Press, which are as follows:

 Trade Union Act, 1926.

 Payment of Wages Act, 1936.

 Industrial Disputes Act, 1947.

 Factories Act, 1948.

 Minimum Wages Act, 1948.

 Employees State Insurance Act, 1948.

 Employees Provident Fund and Miscellaneous Provisions Act, 1952

 Working Journalists (Fixation of Rates of Wages Act)

 Payment of Bonus Act, 1965

22 3.2 The Industrial Disputes Act

The Industrial Disputes Act 1947 extends to the whole of India and regulates Indian labour law so far as that concerns trade unions. It came into force April 1, 1947. The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations. The laws apply only to the organized sector. Chapter V-B, introduced by an amendment in 1976, requires firms employing 300 or more workers to obtain government permission for layoffs, retrenchments and closures. A further amendment in 1982 (which took effect in 1984) expanded its ambit by reducing the threshold to 100 workers.

The Act also lies down:

The provision for payment of compensation to the workman on account of closure or lay off or retrenchment.

The procedure for prior permission of appropriate Government for laying off or retrenching the workers or closing down industrial establishments

Unfair labor practices on part of an employer or a trade union or workers.

3.3 The working Journalist (Fixation of Rates and Wages) Act of 1958

The working Journalists (Conditions of Service) and Miscellaneous Provisions Bill having been passed by both the Houses of Parliament received the assent of President on 20th

December, 1955. According to Section 8(1) of the Working Journalists and other Newspaper

Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, the Central

Government in manner hereinafter provided:

23  Fix rates of wages in respect of working journalists.

 Revise from time to time, at such intervals as it thinks fit, the rates of wages fixed under

this Section or specified in the order made under Section 6 of the working Journalists

(Fixation of Rates of Wages) Act, 1958.

 The rates of wages may be fixed or revised by the Central Government in respect of the

working journalists for timework and for piecework.

3.3.1 Hours of work.

(1) Subject to any rules that may be made under this Act, no working journalist shall be required or allowed to work in any newspaper establishment for more than one hundred and forty-four hours during any period of four consecutive weeks, exclusive of the time for meals.

(2) Every working journalist shall be allowed during any period of seven consecutive days rest for a period of not less than twenty-four consecutive hours, the period between 10 p.m. and 6 p.m. being included therein.

Explanation – For the purposes of this section, “week” means a period of seven days beginning at midnight on Saturday.

3.3.2 Leave.

Without prejudice to such holidays, casual leave or other kinds of leave as may be prescribed; every working journalist shall be entitled to

(a) Earned leave on full wages for not less than one-eleventh of the period spent on duty ;

(b) Leave on medical certificate on one-half of the wages for not less than one-eighteenth of the period of service.

3.3.3 Fixation or revision of rates of wages.

(1) The Central Government may, in the manner hereinafter provided

24 (a) fix rates of wages in respect of working journalist

(b) revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section or specified in the order made under Sec. 6 of the Working Journalists (Fixation of

Rates of Wages) Act, 1958 (29 of 1958).

(2) The rates of wages may be fixed or revised by the Central Government in respect of working journalist’s time work and for piece work.

Section13. Working Journalists entitled to wages at rates not less than those specified in the order.

On the coming into operation of an order of the Central Government under Section 12 every working journalist shall be entitled to be paid by his employer wages in the rate which shall, in no case, be less than the rate of wages specified in the order.

Section 13.A. Power of Government to fix interim rates of wages.

(1) Notwithstanding anything contained in this Act, where the Central Government is of

opinion that it is necessary so to do, it may, after consultation with the Board, by

notification in the official Gazette, fix interim rates of wages in respect of working

journalists.

(2) Any interim rates of wages so fixed shall be binding on all employers, in relation to

newspaper establishment and every working journalist shall be entitled to be paid

wages at a rate which shall, in no case, be less than the interim rates of wages fixed

under sub-section (1).

(3) Any interim rates of wages fixed under sub-section (1) shall remain in force until the

order of the Central Government under Sec. 12 comes into operation.

Section 13-AA.

25 Constitution of Tribunal for fixing or revising rates of wages in respect of working journalists.

Notwithstanding anything contained in this Act, where the Central Government is of opinion that the Board constituted under Sec.9 for the purpose of fixing or revising rates of wages in respect of working journalist under this Act had not been able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, be notification in the official Gazette, Gazette, constitute a Tribunal, which shall consist of a person who is or has been, a Judge of a High Court or the Supreme Court for the purpose of fixing or revising rates of wages in respect of working journalists under this Act.

(2) The provisions of Sections 10 to 13-A shall apply to, and in relation to, the Tribunal

constituted under sub-section (1) of the section, the Central Government and working

journalists, subject to the modifications that –

(a) the references to the Board therein, wherever they occur, shall be construed as references to the Tribunal:

(b) in sub-section (3) of Sec. 11 –

(i) the reference to the office of Chairman or any other member of the Board shall be construed as a reference to the office of the person constituting the Tribunal : and

(ii) the reference to Sec. 9 shall be construed as a reference to subsection (1) of this section ; and

(c) the reference in Sec. 13 and Sec.13-A to Sec.12 shall be construed as reference to Sec. 12

(3)The Tribunal, in discharging its functions under this Act, may act on the evidence

recorded by the Wage Board or partly recorded by the Wage Board and partly recorded

by itself :

26 Provided that if the Tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice it may re-summon any such witness, and after such further examination, cross-examination and re- examination, if any, as it may permit, the witness shall be discharged.

(4) On the constitution of a Tribunal under sub-section (1) the Board constituted under

Sec. 9 and functioning immediately before such constitution shall cease to exist and

the members constituting that Board shall be deemed to have vacated their offices :

Provided that any interim rates of wages fixed by the Central Government under Sec. 13-

A in respect of working journalists, and in force immediately before the constitution of the

Tribunal shall remain in force until the order of the Central Government under Sec. 12

3.3.4 Procedure for fixing and revising rates of wages.

For the purpose of fixing or revising rates of wages in respect of working journalists under this Act, the Central Government shall, as and when necessary, constitute a Wage Board which shall consist of

(a) Two persons representing employers in relation to newspaper establishments

(b) Two persons representing working journalists

(c) Three independent persons, one of whom shall be a person who is or has been a Judge of

High Court or the Supreme Court and who shall be appointed by that Government as the

Chairman thereof.

Conclusion

This unit had given an idea of the laws applicable to the wages, leave, working hours and other features related to the comfort of the journalist as a employee.

27 Exercises

1. What is Wage according to Indian constitution?

2. What are the privileges of a Journalist as an employee?

3. Explain the Working Journalistic act in detail

References

Bhattacharjee Arun, The Indian Press: Profession to Industry, Vikas Pubulications, New Delhi,

1972.

28 Unit – IV

Press Codes and Ethics of Journalism

Objectives:

To know the codes and ethics of Journalism

To know the responsibilities and duties of Journalist

To understand the relationship between Media and Government

4.1 The Need for a code of Ethics for the Indian Print and Electronic Media

Journalism is a profession which has strong ties with Public and the government. Media plays an important role in influencing and improving the ideas of the public. It influences what should be discussed in what perspective. The fourth pillar of Democracy creates a great notion on people’s mind. The information spread through it should be clear, concise, objective, unbiased. To monitor these qualities, responsibilities media needs some code and ethics to guide them. In India, the institution of Press Council started functioning from the 6th November 1966 following the enactment of the Indian Press Council Act, 1965. This was later amended on the

31st March 1970. The press council's term, which expired in December 1975, was not extended during the Emergency. The Press Council was dismantled on Ist January 1976. Press council monitors and maintains the codes and ethics of media organizations.

4.2 The Role of the Press Council

The major objectives of the revived press council of India were to assure more freedom of the press and better journalistic standards. The Press Council is headed by a Chairman, who has by convention, been a retired judge of the Supreme Court of India. The Council consists of

28 other members of whom 20 represent the press and are nominated by the press

29 organisations/news agencies recognised and notified by the Council as all India bodies of categories such as editors, working journalists and owners and managers of newspaper , 5 members are nominated from the two houses of Parliament and 3 represent cultural, literary and legal fields as nominees of the Sahitya Academy, University Grants Commission and the Bar

Council of India. The members serve on the Council for a term of three years . The Council was last reconstituted on May 22, 2001.

The Council is funded by revenue collected by it as fee levied on the registered newspapers in the country on the basis of their circulation. No fee is levied on newspapers with circulation less than 5000 copies. The deficit is made good by way of grant by the Central

Government, through Ministry of Information and Broadcasting.

4.2.1 The following are the functions of the Press Council of India:

The first and foremost function of the press council of India is to protect the freedom of the press and to maintain and improve the standards of newspaper and news agencies in India.

 To help newspapers and news agencies to maintain their independence.

 To build up a code of conduct for newspapers, news agencies and journalists in

accordance with high professional standards;

 To ensure on the parts of newspaper, news agencies and journalists, the maintenance of

high standards of public taste and foster a due sense of both the rights and responsibilities

of citizenship;

 To encourage the growth of a sense of responsibility and public service among all those

engaged in the profession of journalism;

 To keep under review any development likely to restrict the supply and dissemination of

news of public interest and importance.

30  To keep under review cases of assistance received by any newspaper or news agency in

India from any foreign source including such cases as are referred to it by the central

government or are brought to its notice by any individual, association of person or any

other organizations : provided that nothing in this clause shall prelude.

 To keep under reviews cases of assistance received by any newspaper or news agency in

India from any foreign source including such cases as are referred to it by the Central

Government or are brought to its notice by any individual, association of persons or any

other organization.

 To undertake studies of foreign newspapers, including those brought out by any embassy

or other representative in India or a foreign State, their circulation and impact.

 To promote a proper functional relationship among all classes of persons engaged in the

production or publication of newspaper or in news agencies :

 To undertake such studies as may be entrusted to the Council and to express its opinion in

regard to any matter referred to it by the Central Government.

 To do such other acts as may be incidental or conducive to the discharge of the above

functions.

 Where, on receipt of a complaint made to it or otherwise, the council has reason to

believe that a newspaper or news agency has offended against the standards of

journalistic ethics or public taste or that an editor or a working journalist has committed

any professional misconducts, the Council may, after giving the newspaper, or news

agency, the editor or journalists concerned an opportunity of being heard, hold an

enquiry in such manner as may be provided by regulations made under this Act and, if it

is satisfied that it is necessary to do so, it may, for reasons to be recorded in writing,

31 warn, admonish or censure the newspaper, the news agency, the editor or the journalist or

disapprove the conduct of the editor or the journalist, as the case may be : provided that

the Council may not take cognizance of a complaint if in the opinion of the Chairman,

there is no sufficient ground for holding an inquiry.

 If the Council is of the opinion that it is necessary or expedient in the public interest to do

so, it may require any newspaper to publish therein in such manner as the Council thinks

fit, any particulars, relating to any inquiry under this section against a newspaper or news

agency, an editor or a journalist working therein, including the name of such newspaper,

news agency, editor or journalist.

4.2.2 Filing Complaints against Media organization

If you have a complaint against a newspaper, for any publication which you find objectionable and effects you personally, or non-publication of a material, you should first take it up with the editor or other representative of the publication concerned.

4.3 Social Responsibilities of Media Persons

 The journalist should differentiate between publicly important information and

information that evokes public interest.

 Information on the private life of a person may be published only if the behavior of this

person in the private sphere affects the public interest. In such cases it is necessary to

make sure that such publication will not violate the interests of the third parties.

 The journalist should not photograph citizens in private environment without their

consent. Photographs or pictures of people in their daily lives that could offend or

humiliate them should not be published.

32  In covering family conflicts or cases being handled by the courts or other institutions it is

recommended not to mention the names of minors.

 For working on the territory of hospitals or other medical establishments the journalists

should get permission from the management of these establishments. It should be kept in

mind that the information on bodily defects or diseases is in principle a private secret.

 When publishing materials on a medical topic it is necessary to avoid anything that can

cause hope of rapid recovery which is ungrounded or inappropriate to the present

condition of the sick person. On the other hand, one-sided critical publications on the

perspectives of curing the illnesses, on which contradictory points of views have been

expressed, should not develop in sick people the feeling of uncertainty and thus

undermine a possible success of therapy.

 Mass media should avoid identifying relatives and friends of suspects or convicted people

without their consent.

 When a crime is committed by a minor, names and photographs identifying them should

not be published unless the crime in question is a grave one. The publication of names

and photographs of public servants and other public people is acceptable if there is a

connection between these people and the crime.

4.4 Media as ‘Public Services’

Media serves the public, inform, educate and entertain them. Few decades ago Television and Radio channels were owned by government. They were called as Public service media organizations which enabled citizens to access and interact with free, independent, engaging and relevant content whether they are in rural or urban environments, irrespective of economic status or technology. Public service broadcasting refers to TV programmes that are broadcast for the

33 public benefit rather than for purely commercial purposes. These programmes include local news coverage, arts programmes and religious broadcasts.

Prasar Bharati is the largest public broadcasting agency. It is an autonomous body set up by an Act of Parliament and comprises Doordarshan Television Network and All India Radio, which were earlier media units of the Ministry of Information and Broadcasting. The Parliament of India passed the Prasar Bharati Act to grant this autonomy in 1990, but it was not enacted until 15 September 1997. Recognizing the immense power of Radio and Television for both good and evil and the solemn responsibilities are placed upon all broadcasters. The following are the codes for Public service broadcasting organizations

 To ensure the objective presentation of news and fair and unbiased comment;

 To promote the advancement of education and culture;

 To raise and maintain high standards of decency and decorum in all programmes;

 To provide programmes for the young, by variety and content, will inculcate the

principles of good citizenship;

 To promote communal harmony, religious tolerance and international understanding;

 To treat controversial public issues in an impartial and dispassionate manner;

 To respect human rights and dignity.

4.5 Relations of Media with Business and Advertising

Advertising is communicated through various mass media, including old media such as newspapers, magazines, Television, Radio, outdoor advertising or direct mail; or new media.

Business and Advertising has strong ties from the beginning. Media helps the advertisers to

34 reach their target audience and increases the sale. A successful advertisement reaches thousands of people through media.

4.5.1 Types of Advertising

Advertising has evolved into a vastly complex form of communication, with literally thousands of different ways for a business to get a message to the consumer. Newspaper advertising can promote business into a wide range of customers.

4.5.2 Print Advertising

For decades, print ads were the gold standard for advertisers and their clients. To grab the center spread of a big magazine, or the back cover of a newspaper, meant millions of people were seeing the message. Advertising in a specialist magazine can reach target market quickly and easily.

4.5.3 Broadcast Advertising

A mass-market form of communication including television and radio, broadcast advertising has, until recently, been the most dominant way to reach a large number of consumers. Broadcast advertising has really taken a beating over the last few years, especially with the rise of DVRs and "ad skipping" technology.

4.6 Publication of Objectionable Acts

This Act to provide regulation against printing and publication of incitement to crime and other objectionable matter, it was enacted by Parliament in 1976. Press (Objectionable Matter)

Act, 1951 was enacted to penalize the abuse of the freedom of the press by publication of matter involving encouragement of violence or inappropriate content in Media. The Press commission

35 recommended setting up a Council for Press to safeguard the liberty of the press and maintaining the standards on journalistic ethics.

In 1975, President Fakrudin Ali Ahmed promulgated the Prevention of Publication of

Objectionable Matter. The Ordinance provided for the prohibition of the printing or publication of any, specified matter for a temporary period not exceeding two months where such prohibition is necessary for preventing or combating any activity prejudicial to the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality or any activity involving or likely to involve, or culminate in, incitement to offences. The Ordinance also provided for demanding security from keepers of presses and publishers and editors of newspapers found guilty of being concerned in the publication of objectionable matter as defined in the Ordinance. Provisions were also made in the Ordinance for preventing the circulation and distribution of objectionably matter.

4.7 Relations of Media with Central and State Governments

Media and the government are two of the largest institutions within a country. They were both designed for a common goal: to serve the people. However, these two forces do not often cooperate. The media is free to criticize the government in order to improve its function, but it is becoming all too common for journalists to unnecessarily attack the government and its organizations. As a result, some governments wish to take control over private media sources so that they can share their sides of the story. India being the largest democracy in the world has the greater Article 19 (1) (a) provides complete freedom for Media. The relationship among media and the government has a vast history from pre independence to the developing India. According to Balkin (2004) democratic culture exists in different societies in varying degrees; it is also an ideal toward which a society might strive. Freedom of expression protects the ability of

36 individuals to participate in the culture in which they live and promotes the development of a culture that is more democratic and participatory. The media and the government work closely to provide information for the people, but that information is often censored beyond recognition.

Media has been instrumental for governments to convince their people that war is necessary.

Though media has Article 19 (1) (a) it cannot function with complete freedom, acts like

Offical Secrets act, Prevention of Terrorists activities act (PoTA) had been used to limit the freedom of press.

4.8 The Media and Public Relations

Public relations, or PR, practitioners and members of the media have roles that are in many ways complementary. Both sides of these relationships have common goals of creating a story, or developing a narrative, that keeps readers, listeners and viewers informed. PR practitioners want to place their stories in the news or other publications and programmes.

Without being able to do this, PR would lose one of its main avenues for communication with the public. The media needs a constant stream of compelling content to fill airtime and print space. Reporters, editors and producers look for experts and guests daily. Social media has given journalists greater access to information without involving PRs to be a broker. It's a powerful research tool which reporters can use to approach people directly or gather evidence.

Today the media is dominated by big corporations. Newspapers and other media outlets

India are owned by a media corporation. And as the press has become more corporate so its emphasis has shifted from traditional news values - investigation and reporting - to market driven values - profitability, and maximizing readership. Noam Chomsky suggests that the most important value for the modern press is to deliver audiences for their advertisers, who supply the bulk of revenue. Fewer journalists are employed and less and less time is available for

37 investigation. Instead content is supplied ever more directly from the press release. Investigative journalism becomes rarer and is supplanted by source journalism. In this environment the PR companies have become a necessary crutch for the media, but not one that the media is keen to investigate and expose to the public.

4.9 Tabloid Journalism

Tabloid journalism is a style of journalism that tends to emphasize topics such as sensational crime stories, astrology and gossip columns about the personal lives of celebrities and sports stars, and junk food news. According to Langer, Tabloid Journalism becomes one of a bad kind of Modern Journalism world. Often, tabloid newspaper allegations about the sexual practices, drug use, or private conduct of celebrities is borderline defamatory; in many cases, celebrities have successfully sued for libel, demonstrating that tabloid stories have defamed them.

4.10 Cheque Book Journalism

Cheque Book Journalism is a practice of paying a large amount of money to acquire the exclusive right to publish a person's story in a newspaper. It is mostly practiced in commercial television and print media buying exclusive rights for a story in an effort to improve the ratings of the organization.

4.11 Case Studies

K.R.Ravi Rathinam vs The Director General Of Police on 3 December, 2014.

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of

Mandamus to direct the Respondents The Director General of Police, The Inspector General of

38 Police, Madurai, The Commissioner of Police, Madurai City, Madurai, The Secretary, The

Secretary, Information and Cinema, The Chief Producer, Government of India Films Division,

'Rockline' Venkatesh, B. Ponkumar, 'Abirami' Ramanathan, K.S.Ravikumar and Shivaji Rao

Gaeakwad @ Rajinikanth to act upon the petitioner's representation dated 1/11/2014 by conducting a detailed enquiry after appointing a Fact Finding Committee into the true authorship and ownership of the single story line found in both feature films 'Mullai Vanam 999' and 'Linga' so as to legalize the production and release of both on or before 12/12/2014. The Petitioner is a debutant Director for the Tamil feature film 'Mullai Vanam 999' to be produced by Ranga Pon

Solai Films. He was in the serial field and for the first time, he is entering into the Tamil Nadu

Tinsel Film Industry as Director through the aforesaid 'Mullai Vanam 999' and further, he is the owner and author of the story, screenplay and direction. According to the Petitioner, 'Mullai

Vanam 999' is a story back grounding the Mullai Periyar and the construction done by 'Penny

Quick' apart from National Unification of Rivers and Rivulets. The entire story was uploaded by him in the 'You Tube' a social website on 24/2/2013 itself. All the film stories are being floated in the social websites to show the ownership of films when the same is not patented at Chennai.

Further, a number of new channels like Ottran Seithi, Sun Network, Kalaingar Network, Raj

Network, Jaya Network, Mega T.V and Vasanth T.V telecasted the same. Also from 26/2/2013 onwards 'You Tube' floated the same in public domain.

The offences committed by the respondents are under Sections 66 B, 66 E, 72, 72 A r/w.

76 and 77 of the Information Technology Act, 2000 and Sections 109, 379, 403, 420, 468, 470,

471 along with 120 (b) of IPC. The intellectual property from the 'You Tube' was stolen by the

Respondents 7, 8, 10 and 11 for illegally gaining and thereby bringing loss to his personal exchequer. A complaint was preferred to the Respondents 1 to 6 on 1/11/2014 stating that all the

39 offences committed by the Respondents 7, 8, 10 and 11. So far, no First Information Report has been registered by the Cyber Crime or any other authority. Hence the Petitioner has moved to

Court under Article 226 of the Constitution of India. Also, the Petitioner has prayed for passing of an order by this Court in directing the Respondents 1 to 3 to take his complaint dated

1/11/2014 for the offences under Sections 66 B, 66 E, 72, 72 A r/w. 76 and 77 of the Information

Technology Act, 2000 and Sections 109, 379, 403, 420, 468, 470, 471 along with 120 (b) of IPC, investigate the same and file a final report before the concerned Court, pending disposal of the main Writ Petition.

The case was concluded that the grievance of the Petitioner that his intellectual property/story 'Mullai Vanam 999' was stolen by the Respondents Rockline Venkatesh,

B.Ponkumar, K.S.Ravikumar and Rajinikanth from 'You Tube' is a private dispute especially when the Respondents Rockline Venkatesh, B.Ponkumar, K.S.Ravikumar and Rajinikanth have stoutly denied the same and suffice it for this Court to say that in this regard, the merits of the rival claims made by the parties in the subject matter in issue before this Court cannot be investigated in a summary proceedings under Art.226 of the Constitution of India.

Conclusion

This unit had provided detailed account on Press Council and its functions.

Exercises

1. Explain the importance of Press Council

2. Discuss any case study discussing the necessity of Social responsibility in Media.

3. Discuss the relationship among Media and Public relation

4. Discuss the role of Media in Advertising

40 5. How media is been treated by Government?

6. Explain the reach of Tabloid Journalism in current Journalistic environment.

References

Herman Wasserman and Arnold S. de Beer (2005). A Fragile Affair: The relationship between the mainstream media and government in post- apartheid South Africa. Journal of Mass Media

Ethics, 20(2&3), 192–208 https://sites.sandiego.edu/wl_reader/blog/2017/01/12/chapter-5-peace-security/

41 Unit - V

The Need for Regulation and control

Objectives:

To know about self regulation in media

To know about censorship in India

5.1 The Arguments for and against self-regulation

Freedom of expression has long been regarded as a fundamental right, one which is important in it and also helps to defend other rights and freedoms. Self regulation is combination of standards setting out the appropriate codes of behavior for the media that are necessary to support freedom of expression, and process how those behaviors will be monitored or held to account.

5.1.1 Censorship

Indian Press and Media organizations enjoys partial Freedom under the Fundamental

Rights, Article 19(1) (a) provide freedom of speech and expression. India experienced

Emergency in 1975-1977 during Indira Gandhi’s ruling period. The press was oppressed by pre censorship, restrictions over free speech, unbiased news content. The Constitution of India guarantees freedom of expression but places certain restrictions on content, with a view towards maintaining communal and religious harmony, given the history of communal tension in the nation. According to the Information Technology 2011, objectionable content includes anything that “threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order".

5.1.2 Censorship of Films

42 Film censorship or certification is thus the end product of the process of previewing of film and it includes a decision either not to allow a particular film or public viewing or to allow it for public viewing with certain deletions and / or modifications. Furthermore, it is to ensure that the people do not get exposed to psychologically damaging matter.

The Cinematograph Act, 1952 (Act 37 of 1952), apart from including provisions relating to Constitution and functioning of the CBFC or the Central Board of Film Certification (then called the Central Board of Film Censors), also lays down the guidelines to be followed by certifying films. Initially, there were only two categories of certificate – “U” (unrestricted public exhibition) and “A” (restricted to adult audiences), but two other categories were added in June,

1983 – “UA” (unrestricted public exhibition subject to parental guidance for children below the age of twelve) and “S” (restricted to specialized audiences such as doctors). The 1952 Act has been amended to bring upto date and the last amendments were in 1981 to 1984.

5.2 Ethical Issues in Mass Communication Research

Krippendorf defines research as a technique for making replicable and valid references from the collected data. It can be analyzing communication in a systematic objective, quantitative of qualitative manner.

5.2.1 Major issues in Research

Honesty: giving true unbiased information through your research. It is the duty of every researcher to produce an objective research

Quality: Reviewing the research contributes quality. It is an essential step to obtain the originality of the research.

Copyright: Publishing a research work requires copyright to protect the work from plagiarism.

43 5.3 Media laws Concerning TV, Films and Cable

The following are the acts related to Television broadcasting, Films and Cable television network.

5.3.1 Prasar Bharati Act

An Act to provide for the establishment of a Broadcasting Corporation for India, to be known as Prasar Bharati, to define its composition, functions and powers and to provide for matters connected therewith or incidental thereto.

The Prasar Bharati Act stipulates general superintendence, direction and management of affairs of the Corporation vests in Prasar Bharati Board which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation.

5.3.1 (i) Prasar Bharati Board consists of:

 Chairman

 One Executive Member

 One Member (Finance)

 One Member (Personnel)

 Six Part-time Members

 Director-General (Akashvani), ex officio

 Director-General (Doordarshan), ex officio

 One representative of the Union Ministry of Information and Broadcasting (India), to be

nominated by that Ministry and

44  Two representatives of the employees of the Corporation, of whom one shall be elected

by the engineering staff from amongst themselves and one, shall be elected by the other

employee from amongst themselves.

5.3.2 Cable Television Network (Regulation) Act 1995

The major objective of the Act was to regulate the ‘booming 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 regulation. The Act aimed at regulating content and operation of cable networks. This was due to the availability of signals from foreign television networks via satellite communication. The access to foreign television networks was considered to be a “cultural invasion” as these channels portrayed western culture. It also wanted to lay down the "responsibilities and obligations in respect of the quality of service both technically as well content wise, use of materials protected under the copyright law, exhibition of uncertified films, and protection of subscribers from anti-national broadcasts from sources inimical to national interests".

5.3.2 (i) Offences and Penalties

Section 11 gives power to the authorized government authority to seize any cable operator’s equipment, if such officer has reason to believe that the cable operator is using the equipment without proper registration. Sections 16, 17 and 18 of the Act deal with offences under the Act. They lay down punishments for any act which is in contravention with the provisions of the Act.

5.4 The Question of Autonomy

45 The term Autonomy is defined as a group's right to self-government or self-rule. When a person seeks autonomy, he or she would like to be able to make decisions independently from an authority figure.

The evolution of state autonomy in India has not been from bottom to top as in the case of the United States of America where the States were independent colonies which agreed to form first a confederation and then a federation. Rather it is from top to bottom i.e. the British provinces were created for administrative purposes and were given autonomy by the British government as per requirement.

The Constituent Assembly which had been elected for undivided India and held its first sitting on 9th December, 1946, reassembled on the 14th August, 1947 as the Sovereign

Constituent Assembly for the Dominion of India. The salient principles of the proposed

Constitution had been outlined by various committees of the Assembly such as the Union

Constitution Committee, the Union Powers Committee, Committee on Fundamental Rights etc.

After a general discussion of the reports of these Committees, the Assembly appointed a Drafting

Committee on 29th August, 1947.30 The Drafting Committee, under the Chairmanship of Dr.

Ambedkar, embodied the decision of the Assembly with alternative and additional proposals in the form of a ‘Draft Constitution of India’ which was published in February, 1948. The

Constituent Assembly considered the provisions of the Draft, clause by clause and on 26th

November, 1949 the Constitution received the signature of the President of the Assembly and was declared as passed. The Constituent Assembly adopted federal principle with a strong Centre for India because the past history of India conclusively established the fact that in the absence of a strong Centre, India soon disintegrated. Moreover, strong Central government was also needed or assuaging communal frenzy, for meeting the then existing challenge of food crisis and for

46 initiating economic development by mobilizing national resources under a nation-wide plan.

Thus, in India, evolution of State autonomy which began as an administrative necessity ultimately influenced the final shape of the Indian Constitution with the adoption of federal principal for Indian polity.

5.5 Prime Time/Advertisement Tariff

Prime time or peak time is the block of broadcast programming taking place during the middle of the evening for television programming. The term prime time is often defined in terms of a fixed time period. According to Prasad Bharati, Indian Broadcasting time is divided into

Prime time 8.00PM to 11.00 PM on weekdays and 8.00 AM to 3.00 PM on weekends, Mid

Prime Time 12.00 Noon to 3.00 PM (Monday to Saturday) and Non-Prime Time 11.00 PM to

12.00 AM (All days) 10.00 AM to 12.00 Noon (Monday to Saturday).

5.5.1 Table:5.1 In-house Programme Slots and Sponsorship Rate card, Doordarshan

Kendra, Delhi

Sponsorship Time Band FCT (in sec) SBR (in Rs) Fee (in Rs)

Super “A”: 7:30 PM to

8:00 PM

Film Based 25000 90 8000

Non-Film Based 25000 120 8000

“A‟ Special: 7:00PM-

7:30PM

47 Film Based 20000 90 8000

Non-Film Based 20000 120 8000

“A”: 6.00 PM to 7:00 PM

(Except Sunday 4:00PM to 10000 120 4000

6:30 PM)

“B”: Before 6:00 PM

(Except Sunday 4:00PM to 7500 120 3000

6:30PM)

Ref: National Rate card in www.ddindia.gov.in

5.6 Time Allocation Entertainment /Education

In 60 years of independence Radio and Television played a major role in developing our nation. Indian television was separated from All India Radio in 1976 and named as Doordarshan. Entertainment programmes were broadcasted after 1980. In 1982 Asian games were broadcasted. In 1991 Our Indian allowed private broadcasters. Till then viewers were restricted only to edutainment programmes from Doordarshan. The boom of private broadcasting organizations changed the nature of television and radio programme. The impact of privatization in broadcasting brought down the public sectors as their programme was less entertaining. As of

2 December 2015, there are also more than 190 government channels and 1790 permitted private satellite television stations in India. The major content of these channels comprise of entertainment programme.

5.7 Regulation

48 Telecom Regulatory Authority of India (TRAI) is the regulator of the telecommunications sector in India, which was established on 20 February 1997 by an Act of

Parliament to regulate telecom services and tariffs in India. TRAI monitors the tariffs, interconnections, quality of service, Direct To Home (DTH) services and mobile number portability.

5.8 Broadcast Policy

Indian Telegraph Act. 1885 is the pillar of the regulatory framework for communication and broadcasting policies. The term Telegraph is broadly defined to include the modern communication devices including Cable Television network, Satellite Television, Satellite Radio and Internet. Section 4(1) of the Telegraph Act states that the Central Govt. has exclusive privilege of establishing, maintaining and working telegraphs within India. However, a proviso to Section 4(1) authorizes the Govt. to part with its privilege by granting a license to operate a telegraph. This proviso is the legal basis for the government to grant telegraph licenses to private entities and person to offer various communication services including Broadcasting. The

Ministry of Information and Broadcasting formulates and administer the rules and regulations and laws relating to information, broadcasting, the press and films in India.

The mandates of the Ministry of Information & Broadcasting are:

 News Services through All India Radio (AIR) and Doordarshan (DD) for the people

 Development of broadcasting and television.

 Import and export of films.

 Development and promotion of film industry.

 Organization of film festivals and cultural exchanges for the purpose.

49  Directorate of Advertising and visual publicity DAVP

 Handling of press relations to present the policies of Government of India and to get

feed-back on the Government policies.

 Administration of the Press and Registration of Books Act, 1867 in respect of

newspapers.

 Dissemination of information about India within and outside the country through

publications on matters of national importance.

 Research, Reference and Training to assist the media units of the Ministry to meet their

responsibilities.

 Use of interpersonal communication and traditional folk art forms for information/

publicity campaigns on public interest issues.

 International co-operation in the field of information & mass media.

Conclusion

This unit dealt with the importance of self regulation in media as it serves an important role in everyday life of Indian citizen. Media streams which violate ethics are often monitored by people as well as the state. Media should be a watch dog for this society not an inducing element of violence.

Questions

1. Explain the importance of self regulation in media

2. What are the ethical issues faced by media organizations?

3. Explain Indian broadcasting policy

References

50 1. Andrew Puddephatt (2011). The Importance of Self Regulation of the Media in

upholding freedom of expression. CI Debates N.9 – February 2011 ISSN 2176-3224

2. Campbell, Angela J. (1999) "Self-Regulation and the Media," Federal Communications

Law Journal: Vol. 51: Iss. 3, Article 11.

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5. Sean McBridge Many Voices, One World (Paris, UNESCO)

6. http://shodhganga.inflibnet.ac.in/bitstream/10603/32675/5/05_chapter%201.pdf

7. Adams, James R. Media Planning

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11. Cooney, John (1974) No News is Bad News, Various Publication.Dublin.

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13. Curren, James, Bending Reality London, Puto Press

14. Desai, Shobha. Freedom of the Press: Bombay, .C.G.Shah Memorial Trust

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51 Web references

1. http://ethicnet.uta.fi/belarus/journalists_ethics_code

2. http://presscouncil.nic.in/OldWebsite/aboutus.html

3. http://www.ddindia.gov.in/Business/Pages/National%20Rate%20Card/National-Rate-

Card.aspx

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