ICFAI Law School, Hyderabad

Course Hand Out

Academic Year – 2018-19

(Class of 2021)
Course Name : Media Law

Course Code : LE428

Semester : VIII

Faculty Name : Jyotsna Nisha

Mobile No : 7739528432

Email : jyotsnanisha@ifheindia.org

Objectives of the Course: The media are of outstanding importance for any democratic State and certainly
beyond it. A free and independent media is essential to any free society, it pursue those stories that are
important, politically, economically, socially, morally or otherwise, for the society as a whole, without fear or
favor. In this course the primary focus will be to examine and assess the present legal system and practices in
which media operate in India. A comparative analysis will be handled wherever desired. It shall also include
critical examination of the primary functions of the organs of the State to analyze whether there exists a gap
between the “is” and the “ought”.

Learning Outcomes: At the end of the course the students are expected to know the meaning , nature and
concepts of mass media, the relation between Media and the Constitution, media and its legal framework,
various effects that media has on the society. In addition to this they should also know the laws regulating the
various electronic media and basics of Right to Information in India .

Recommended Text Books and Reference Books

TEXT BOOK AUTHOR / PUBLICATION

Facets of Media Law Madhavi Garodia Divan.

Law of Expression Sridhar M
Media Law Dr S R Myneni
Law of Electronic Media and Regulation Dr. Umar Sama

Freedom of Press, Political –Legal Sita Bhatia

Aspects of Press Legislative in India
Mass Media Law Don R. Pember
 Media Law Sallie Spilsbury

Course Outline:

Sl. No. of Topic Key Concepts Text Chapte Learning

N Sessio Book r Outcome
o ns Material Readin
to use g
/Videos
1 5 Media and Meaning of mass media; . https://sw To make the
Its concept and nature of ay students understand
Structure mass am.gov.in meaning , nature
media; evolution of media; /c and concepts of
functions and effects of mass media.
media on
society; ethical theories and
framework of media; types of
media; organizational
structure
 and management of mass ourses/491
7
media in India.
-
communi
cat ion-
media-
society-
key-
theoretica
l-
concepts
2 8 Media and Freedom of speech and Facets of Advertise To make the
the expression; comparative Media ment- is it students understand
Constitution: study with International Law by included the relation
Conventions; judicial between Media and
Madhavi in
interpretation; media and the Constitution.
right to privacy; media and Goradia freedom
right to information; media Divan of speech
and Parliamentary and
Privileges expression
Chapter 1-
Pp. 1-70.

Chapter-5
Pp. 165-
207.

3 7 Media and Press in India; the Press Media Press To make the
Legal Council Act, 1971; press and Law by Council students aware of
Framework- registration; laws relating to Dr S R Act, 1978 media and its legal
framework.
I: newspaper; advertisement Myneni Unit II,
and ethics (commercial Chapter 5
advertisement and consumer Pp. 79
justice);Advertisement -104
Standard Council of India
(ASCI); accountability and
independence of press.

4 7 Media and Law of defamation; Facets of To make the

Chaper -12 students aware of
Legal obscenity; Blasphemy; Media
Framewor Sedition; Hate Law by Pp. 425- media and its legal
444. framework.
k- II: Speech;Parliamentary Madhavi
Proceedings(Protection of Goradia
Chapter -4
Publication) Act 1977; Divan
Contempt of Court Act, Pp. 124-
1971; Official Secret Act, 138.
1923; media and public Chaper -2
morality.
Pp. 71-91.

5 6 Law of Origin and impact of films; Media Cinematogra To make the

Electroni Film Censorship; Law by ph Act, students
c Media: Cinematography Act, 1952 Dr S R Rules, Unit understand various
and relevant rules; Myneni- III, Chapter laws of Electronic
media.
Electronic Broadcasting 4- Pp. 291-
Media;Evolution and 332,
reforms of Broadcasting in
India; Judicial Recognition
of the Righ to
Broadcasting;Cable
Television Act 1995;
 Internet as new Media;
Rules of Cyber Security

6 6 Mediaand Effects of T. V on People; Facets of Reporting To make the

Society: Sensationalisation; Colored Media Judicial students aware of
Reporting; Media law by proceeding the various effects
Controlled by Political that media has on
Madhavi s
Parties; Communal the society.
Writing; Media Trial; Hate Garodfia Chapter-
Speech; Constitutional Divan 13
Restrictions; Judicial Pp. 449 -
Decision of Doordarshan 485
Decision; Media and
Human Rights (Venerable https://sway
am
Groups); Role and .
Responsibility of Media gov.in/cours
during Emergency and es
Elections. /4917-
communica
tio n-
media-
society-
key-
theoretical-
concepts
7 7 Right Salient Features of the Media The Right To make the
Right to Information Act, Law by to students
to 2005; Right to Information Dr S R informatio understand the
Information and Obligations of Public basics of the right
Myneni- n Unit V-
Authorities; Procedure for to information in
Chapter – India.
Seeking Information 1-10, Pp.
449- 551

https://www
.you
tube.com/w
atch
?
v=rDA6yd
Wqd
lc
8 7 The Central The State Information Media The Central To make the
Information Commission; Powers and Law, Dr Information students
Commission Functions of the SR Commissio understand the
Information Commission; workings of The
Myneni- n, Unit V,
Appeal and Penalties; Central and state
Chapter 5 Information
Rules and Regulations
Commissions
Relating to the Right to Pp. 488 -
Information. 511
Tota 48 Tutorials- 12
l

List of Cases

1. K.K. Mishra v. State of Madhya Pradesh & ANR, Criminal Appeal No(S) 547 of 2018
2. Srishti school of art, design &technology v. the chairperson, central board of filmcertification
& anr, w.p. (c) 6806 of 2010
3. Dr. Shashi Tharoor v. Arnab Goswami And Anr, CS(OS ) 253/2017
4. Hindustan Media Ventures Ltd. v. State Of U.P. And 3 Others, WRIT - C No. - 14105 of 2017
 5. Krishika Lulla & Ors v. Shyam Vithalrao Devkatta & Anr, CRIMINAL APPEAL No.
258 OF 2013
6. Naveen Jindal v. M/S Zee Media Corporation Ltd & Anr, CS(OS ) 143/2015
7. Shivsankar Mohanty v. The Registrar Judicial Orissa, W.P.(C) No. 2711 of 2017
8. Sunshine Pictures Private ... v. Central Circuit Cine ..., Case No. 52 of 2010
9. The High Court Bar Association ... v. State Of Odisha And Others, W.P.(C) No. 2711 of 2017
10. Vijay Singhal & Ors. v. Govt. of NCT of Delhi & Anr, WP(C ) 195/2013

Articles

o Dr Archana, Dr Rahul Tripathi “Media Laws in India: Origin, Analysis and Relevance in
Present Scenario” International Journal of Humanities and Social Science Invention
(IJHSSI) ,Volume 7, Issue 02 ,February 2018.
o Alex Mills ,“The law applicable to cross-border defamation on social media: whose law governs free
speech in ‘Facebookistan , Journal of Media Law , 2015.
o Meera Mathew “ Media self- regulation in india: a critical analysis , ILI Law Review ,2016.

o Roy Peled and Yoram Rabin “The constitutional right to information” Columbia human rights
law review, 2008.

o Rachael Craufurd Smith, “Fake news, French Law and democratic legitimacy: lessons for the
United Kingdom” , Journal of Media Law , 2019.

o Nidhi Bhandari “Television as an Agent of Social Change among Indian Women: An

Analytical Study” IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 2017.

o M R Sathya Prakash & B K Ravi “Understanding Transnational Television in India: A Critical

Analysis of General Entertainment Channels” International Journal of South Asian Studies ,
2011.

o Dr. Dillip Kumar Mahapatra, Dr Dhaneswari Jena “ Right to Information Act:-A Democratic
Weapon” IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 2017

o Rachael Craufurd Smith, “Reviewing Media Ownership Rules in the UK and Europe:
Competing or Complementary Investigations” Journal of Media Law , 2015.

o Bradley wilson “The use and manipulation of graphic, spot news images” University of Baltimore
Journal of Media Law & Ethics , Vol. 5 , 2016.
 Videos

https://www.youtube.com/watch?v=U2zkQJj4gXk
https://www.youtube.com/watch?v=Vf-AOAQgzJs
https://www.youtube.com/watch?v=LSULAO_cvEo
https://www.youtube.com/watch?v=KdrUnd7R9xY
https://www.youtube.com/watch?v=DLimJ44QA8w

Expectations from Students:

a. Students must report to the respective sessions well before the announced time. Late
comers will not be permitted to join the class after five minutes of the scheduled time.
b. Read the relevant chapter(s) and Case Study / material and come well prepared to the
class for discussions as indicated in the course plan by the faculty.
c. In the class discussions student is expected to participate actively and contribute to
individual and group learning. Evaluation is based on active meaningful participation.
d. The participation has to be relevant and meaningful. “Speaking for speaking’s sake” will
be counter- productive. Participation by just repeating a point made or picking on what
someone has said will also be counter-productive.
e. Evaluation is a continuous process at ICFAI Law School, Hyderabad. Every student
needs to be aware of the timelines given in the section below. Absence from these
evaluations will mean non awarding of marks in that particular component.
f. Wherever applicable, group assignments require each student to contribute to the group
effort. This enhances group effectiveness and leads to greater appreciation of working in
groups.
g. The Students should come in uniform, otherwise they will be marked absent. Do not
roam in the academic area/ attend classes in chappals / shorts / informal t-shirts.
h. Students are expected to show high regard and appreciation for class discipline and desist
from using mobile phones/electronic gadgets/mechanical devices. This disturbs the class
ambience and unnecessarily diverts attention of other students as well as the faculty
member. To avoid these, mobile phones should be switched off inside the classroom.
i. Utilize the scheduled consultation hour to meet the faculty time and clarify doubts if any,
seek explanations and get mentored if needed.
j. Attendance is compulsory in all sessions. Minimum required 75 percentage
of attendance has to be followed by each student. Failure in fulfilling
minimum attendance requirement will result in stoppage from
writing/attempting mid- term or end-term exams.

 Five (5) Marks for attendance will be given as below-

Attendance Marks alloted

percentage
96-100 5
91-95 4
 86-90 3
81-85 2
75-80 1
Less than 75% 0

k. Students have to submit their assignments on the due date informed by the faculty. For this
no extension of time will be given.

Honour Code
Unfair practices in tests and plagiarism in assignments / project work will straight away entail a
ZERO to all involved parties.

Class Organization
Class Representative
Two among you will be selected by consensus as Class Representative for each course. She/he will
be responsible for class room arrangements, dealing with academic office, for communicating
information from faculty to the class and otherwise, also to collect all assignments / project works
and deliver them to faculty. He will be the bridge between the faculty and the students of the class
and responsible for the discipline in the class. If found unable to function, he/she will be replaced by
the faculty of the course.

Class Discipline
 Students must occupy their seats before faculty comes in and remain seated until the end of the
class.
 Students must have their name plates on the desk.
 Use of mobile phone is strictly prohibited in the class. If found using or holding the cell phones
the faculty may send them out of the class.
 Students are free to ask questions/doubts/clarifications in the class on topics under discussion.
For other doubts, they should meet faculty during consulting hours.
 No Student is allowed to enter or exit the class rooms during the proceedings of sessions, if so,
the student shall be treated as absent on such date. If repeated more than twice he/she shall be
subjected to absent for 5 days in the concerned subject.

Evaluation Timelines
Keeping in line with continuous evaluation at ICFAI Law School, Hyderabad the following schedules have
been drawn. Students are expected to go through the dates / sessions mentioned and prepare accordingly.

Component Component Expected slot / due Marks Weigh Syllabus

Number date declaration by tage
NCP I Internal 12-02-2020 22-02-2020 10 Unit I&II
Assessment

NCP II Mid Term 13-03-2020 05-04-2020 20 Unit I- IV

NCP III MCQ Test 05-04-2020 10-04-2020 10 Portion
covered till
that date
NCP IV Class 01-05-2020 01-05-2020 5 Full syllabus
Participation
NCP V Attendance 01-05-2020 01-05-2020 5 Full syllabus
End Term End Term 08-05-2020 08-06-2020 50 Full
syllabus

The final grade will be declared after the end-semester examinations following the above given weightage
formula. Before the student takes the end semester examination, he/she should be aware of the progress in
the course up to an extent of 50 marks. There will not be any make-up tests for evaluation tests.

Brief profile of the Faculty Member

Ms .Jyotsna Nisha has completed her B.A , LLB , from Dr. Ram Manohar Lohiya National Law
University , Lucknow and LLM from National University of Study and Research in Law, Ranchi .
She has worked as an Research Assistant at NUJS Kolkata. Her areas of interest are Constitutional
law, Jurisprudence, Criminal law & personal laws.