An overview of laws under the Media Sector

Saptaswara Chakraborty| North Eastern Hill University| 7th June 2020  

Introduction

Media is an important tool of communication in the present world. Communication for information and entertainment is done through the medium of media in the form of newspapers, magazines, broadcasting channels, cinema, etc. Across the globe, different countries follow different provisions for the controlling of the media. In the communist regimes of China and the then USSR, the media is regulated by the State and hence do not possess much freedom towards their functioning.

This, however, is not the case in India because a considerable part of it is self-regulatory. The various guidelines for the media are set up by the Press Council of India and which is a statutory body and the News Broadcasting Standard Authority which is a self-regulatory body. Before the advent of the globalization, the media was controlled by the Government as a result majority of the content that was projected was controlled by the Government. The  Constitution of India provides for the freedom of Press but under certain restrictions. Media forms the backbone of the society for being a tool to put forth the views and the opinions acts as the voice of the nation. This Article shall be extensively dealing with the laws present under the media sector.

History of the media laws

India’s media law is as old as the 273-236 B.C. Ashoka had engraved on the rocks regarding the rules and regulations. This method is not much different from the modern-day media. However, proper legislation of the media law came into force only during the British colonial period while ruling a part of India after the Battle of Plassey in the year 1757. During the time such newspapers were published by European editor or the editors employed by the Britishers. The very first newspaper that came into force was the Bengal Gazette during the year 1780 which was started by James Augustus Hickey, but the publication was stopped in the year 1872. For its critical and outspoken views of the Government. The various laws regarding the press/media that was passed during the British rule are:

• The Press & Registration of Books Act (25 of 1867)
• Vernacular Press Act, 1878
• The Telegraph Act
• The Newspaper (Incitement to Offences) Act
• Copyright Act
• Cinematograph Act
• Indian Press Act,1910

Media laws under the present India

• Print Media laws: The Constitution of India guarantees the freedom of press under Article 19 1(a) of the Indian Constitution. This is the very provision which provides the newspaper and other forms of print media to voice their views, opinion as a voice of the nation so that it can maintain the basic ingredient that is the freedom of expression of  a democracy. The preamble of the Indian Constitution speaks of liberty of thought, expression, belief, faith and worship. For a democracy, liberty of thought and expression is of cardinal value and of a paramount significance. In the case of Sakal Papers (P) Ltd. & Ors. v. Union of India, [1962] 3 S.C.R. 842 at 866, The ConLstitutional bench had stated that freedom of speech and expression of opinion is of paramount importance as it envisages the considerable changes that would be taken up by the legislature and the Governments and thus it must be preserved. Similarly in the case of Benett Coleman & Co. & Ors. v. Union of India & Ors.[1973] 2S.C.R. 757 at 829, Beg. J., had stated that the freedom of speech and of the Press is the Ark of the Covenant of Democracy as it provides public criticism which is essential for the working of the Institutions.
• Broadcast laws In India: The Broadcast laws in India before the advent of globalisation was completely under the Government. As a result the Government had the full authority to broadcast issues which promoted the Government and restricted its reach on various other issues. However in the case of Secretary Ministry of  I&B v. CAB (1995) 2 SCC, the Supreme Court differed from such a government policy and therefore the rights were granted o the private sectors. While looking through the various Broadcasting laws, it can be seen that the main theme of the laws is copyright. Various issues such as the infringement of a copyrighted song, right of the artists are taken care under these laws.
• Advertisement laws: The Advertisement Standards Council of India (ASCI)  is a self-regulatory and voluntary organisation that the governs the laws regarding the  advertisement industry. It deals with the various consumer complaints put forth. The laws which governs the advertisements are:
• ASCI Code of Conduct
• Consumer Protection Act, 1986
• Trademarks Act 1999
• Prize Competitions Act, 1955
• Prize Chits and Money Circulation Scheme Act, 1978
• Drugs and Magic Remedies Act, 1954
• Indecent Representation of Woman Act, 1986
• Young Persons Harmful Publications Act, 1956
• State Emblem of India Act, 2005
• Emblems and Names Act, 1950

• Laws on the Internet: The usage of the internet has increased manifolds. The 21^st century is the century of technology. We all are virtually living in a world where the Internet is considered as a staple need. Our need is defined by and provided for employing the online platform in varied forms including entertainment, academic, informational and a lot more.

While mentioning about laws on the internet, it is pertinent to mention the case of Shreya Singhal v. Union of India AIR 2015 SC 1523. Under this case the Supreme Court had struck down Section 66A of the Informational Technology Act 2000 on the grounds that it violates the fundamental right of freedom of speech and expression provided under Article 19(1)(a) of the Constitution.

Conclusion

In the present day and age, the media has expanded through various dimensions and thus laws also governing them has also been implemented. Through this article, an attempt has been made to provide a comprehensive overview of the broad media laws available with a focus on Article 19(1)(a) of the Constitution.