Media Laws Freedom of Press and Other Laws
Media Laws Freedom of Press and Other Laws
Media Laws Freedom of Press and Other Laws
LESSON STRUCTURE:
This lesson shall provide an introduction to the various media laws in India. We shall start with the
provisions for freedom for media in the Constitution of India and reasonable restrictions as
imposed by the Constitution. Finally, we shall try to understand the various laws related to
media in India. The lesson structure shall be as follows:
1.0 Objectives
1.1 Introduction
1.2 Presentation of Content
1.2.1 Constitutional Provisions for Freedom of Media in India
1.2.2 Reasonable Restrictions as Imposed by the Constitution
1.2.3 Major Laws related to Media in India
1.3 Summary
1.4 Key Words
1.5 Self-Assessment-Questions (SAQs)
1.6 References/Suggested Reading
1.0 OBJECTIVES:
The objectives of this lesson are as follows:
o To Know About the Constitutional Provisions for Freedom of Media in India
o To Know About the Reasonable Restrictions as Imposed by the Constitution
o To Know About the Major Laws related to Media in India
1.1 INTRODUCTION:
There are many laws that regulate the performance of media in India. Laws related to the mass
media have been there since the very beginning. In the time of the British Raj, many laws related
to the Press were enacted. In the post-Independence time, the various Governments have
enacted many more media related laws. Some of these media related laws are:
o First Press Regulations, Gagging Act,
o Indian Press Act,
o Vernacular Press Act,
o Constitutional Provisions regarding Press Freedom,
o Official Secrets Act,
o Press and Registration of Books Act,
o Sea Customs Act Contempt of Court,
o Young Persons (Harmful Publications) Act,
o Parliamentary Proceedings Act,
o Delivery of Books and Newspapers Act Copyright Act,
o Defense of India Ac,
o Press Council of India Act,
o Police Act,
o Drugs and Magic Remedies Act,
o Cable Television Regulation Act, Right to Information.
Some of these laws are directly related to mass media. Some of these are only indirectly related
to the mass media. Most of these laws are still prevalent. But a few of these laws have been
abolished. Some laws have been changed to suit the changing times. We shall discuss about
most of these laws in this lesson.
On the matter of the freedom of speech and expression, the first Press Commission in its report
said,
"This freedom is stated in wide terms and includes not only freedom of speech which
manifests itself by oral utterances, but freedom of expression, whether such expression is
communicated by written word or printed matter. Thus, freedom of the press particularly
of newspapers and periodicals is a species of which the freedom of expression is a genus.
There can, therefore, be no doubt that freedom of the press is included in the fundamental
right of the freedom of expression guaranteed to the citizens under Article 19(1) (a) of the
Indian Constitution."
Thus the type of freedom of expression guaranteed to the American Citizen does not exist in
India but that he is liable to "reasonable restrictions.
Whoever contravenes any of the provisions of this Act shall be punishable as under:
o For the first offence, with imprisonment for a term, which may extend to two years or with fine,
which may extend to one thousand rupees or with both.
o For every subsequent offence, with imprisonment for a term, which may extend to five years
and with fine, which may extend to five thousand rupees.
The Commission recommends that more liberal Act must replace this section. Where the
commission goes wrong is in suggesting that the provisions of the British Information Bill should
serve as a model for India.
As regards access to information, the Commission has mentioned in a paragraph that
Sweden was the first to legislate on the subject open Government being part of the Constitution.
Denmark, Finland, The USA, Austria and France have laws on the subject. Austria has formed a
Bill and so has Canada.
Mr. Justice P. N. Bhagwati has further held that the concept of an open Government is the
emanation from the right to know which seems to be implicit in the right of free speech and
expression.
Thus many a legal battles were fought before the right to information became a reality in
this country.
Finally the Right to Information Act was enacted in October 2005.
The Indian Right to Information Act was introduced to the Indian Parliament in July 2000.
It came into effect on 12 Oct 2005. Under this law the information has become a fundamental right
of the citizen. Under this law all Government Bodies or Government funded agencies have to
designate a Public Information officer (PIO). The PIO's responsibility is to ensure that information
requested is disclosed to the petitioner within 30 days or within 48 hours in case of information
concerning the life and liberty of a person. The law was inspired by previous legislations from
select states (among them Maharastra, Goa, Karnataka, Delhi etc) that allowed
the right to information (to different degrees) to citizens about activities of any State Government
body.
A number of high profile disclosures revealed corruption in various government schemes
such scams in Public Distribution Systems (ration stores), disaster relief, construction of highways
etc. The law itself has been hailed as a landmark in India's drive towards more openness and
accountability.
However the RTI India has certain weaknesses that hamper implementation. There have
been questions on the lack speedy appeal to non-compliance to requests. The lack of a central
PIO makes it difficult to pin-point the correct PIO to approach for requests. The PIO being an
officer of the Govt. institution may have a vested interest in disclosing damaging information on
activities of his/her Institution, This therefore creates a conflict of interest. In the state of
Maharastra it was estimated that only 30% of the requests are actually realized under the
Maharastra Right to Information act. The law also bares disclosure of information that affects
national security, defence, and other matters that are deemed of national interest.
1.3 SUMMARY:
o Mass media are quite powerful. But the exercise of power by the media gets regulated and
controlled by the various laws and rules enacted from time to time. In a democratic society
media enjoy more powers and face less restrictions and regulations. In an authoritarian form
of governance, the working of the media is restricted and controlled to a great extent.
Sometimes media in autocracies or under military rule are not all free.
o In India, the situation is a mixed one. The mass media enjoy certain freedom. But the
Constitution imposes certain reasonable restrictions. Then there are laws that regulate the
functioning of mass media in India. Media laws in India have a long history right from the British
rule. The Government enacted several rules and regulations in India to perpetuate in rule.
After independence, more laws have been enacted and the old ones amended r the benefit of
the society.
o The Indian Constitution does not provide freedom for media separately. 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).
o The press (or the mass media) has no special right, which are not to be given to, or which
are not to be exercised by the citizen in his individual capacity. The editors of a Press or the
managers are all citizens and, therefore, when they choose to represent any newspapers, they
are merely exercising their right of expression.
o 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.