MEDIA LAWS IN INDIA

There are many laws that regulate the performance of the 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. Media being a very powerful influence on society is regulated and controlled by various legislations enacted from time to time.

Constitutional Provisions 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. 

 LAWS APPLICABLE FOR BROADCASTING : 

 i. Cable Television Networks Regulation Act, 1995 

 ii. Cable Television Networks Rules, 1994 

Cable Television Networks Regulation Act, 1995 

The Cable Television Networks Regulation Act, 1995 The principal purpose of the Act was to introduce regulatory certainty to the cable market that had emerged in the early 1990s. The statement of objects and reasons declared that cable TV constituted a ‘cultural invasion’ as cable programmes were predominantly western and alien to Indian culture and way of life. It declared that the lack of regulation had resulted in undesirable programmes and advertisements being shown to Indian viewers without any censorship.

The principal purpose of the Act was to introduce regulatory certainty to the cable market that had emerged in the early 1990s. The statement of objects and reasons declared that cable TV constituted a ‘cultural invasion’ as cable programmes were predominantly western and alien to Indian culture and way of life. It declared that the lack of regulation had resulted in undesirable programmes and advertisements being shown to Indian viewers without any censorship. The Cable Television Networks (Regulation) Act, 1995 was enacted for the purpose of regulating the operations of cable television networks in the country.

Object of the Act

The object of the Act was to regulate the ‘haphazard mushrooming of 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".

There were three amendments made to the Act.

The Act is divided into five chapters. The first chapter discusses the scope and extent of the Act and meaning of the terms used in the Act. The second chapter deals with "Regulation of Cable Television Network". The third chapter relates to "Seizure and Confiscation of certain Equipment". The fourth chapter focuses on "Offences and Penalties". The fifth chapter covers other miscellaneous provisions.

Regulation of Cable Television Network

The regulation of cable television network under the Act is ensured through a two step process.  In order to keep track of cable operators, it has mandate a compulsory registration for cable operators. It also lays down provisions to regulate content to be broadcasted by the cable operator.

Registration of Cable Operators

In order to regulate cable television networks, it was made mandatory for cable television network operators to be registered. Procedure for registration is laid down is section 5 of the Act. Any person who is operating or desires to operate a cable network may apply for registration to the registering authority.

An application for registration of cable operator has to be made under Form 1 along with the payment of fees of Rs.50 to the head post master within whose territorial jurisdiction the office of cable operator is situated. The registration certificate which is issued by the registering authority after inspection is valid for 12 months and can be renewed.

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.

Section	Ingredients of the Offence	Penalty/ Fine
16	Anyone who is held to be in violation of the provisions of this Act	For the first offence: Imprisonment for a term which may extend to 2 years or with fine which may extend to Rs. 1000 or with both. For every subsequent offence: Imprisonment for a term which may extend to 5 years and with fine which may extend to Rs. 5000.

Section 17 deals with when an offence under this Act is committed by a company; in this case the person in charge will be liable.

The Act also gives power to the authorized officer to prohibit the transmission of certain programmes in public interest under section 19 of the Act.

Under section 20 of the Act, the Central Government in public interest may prohibit the operation cable television network. The Central Government may make such an order in the interest of the (i) sovereignty and integrity of India; or (ii) security of India; or (iii) friendly relations of India with any foreign state; or (iv) public order, decency or morality.

LAWS APPLICABLE FOR FILMS 

The list of legislations applicable for films - 

i. The Cinematograph Act, 1952 

ii. The Cinematograph (Certification) Rules, 1983 

The following guidelines and policies are applicable for Films – 1. Guidelines for import of films 2. Policy for import of Cinematograph films and other films. 3. Revised guidelines for shooting feature films in India by foreign nationals/co productions. 4. Guidelines to certify Films (CBFC) 5. Policy for certification of films for Film festivals.

Cinematograph Act, 1952 The Cinematograph Act of 1952 has been passed to make provisions for certification of cinematographed films for exhibition by means of Cinematograph. Under this Act, the Board of Film Censor (i.e. Central Board of Film Certification) with advisory panels at regional centers is empowered to examine every film and sanction it whether for unrestricted exhibition or for exhibition restricted to adults. The Board is also empowered to refuse to sanction a film for public exhibition. The Certification process is in accordance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government u/s 5 (B). At present films are certified under 4 categories – 51 • U - Unrestricted Public Exhibition • UA - Unrestricted Public Exhibition - but with a word of caution that Parental discretion required for children below 12 years • A - Restricted to adults • S - Restricted to any special class of persons The Cinematograph Act lays down that a film should not be certified if any part of it is against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or involves defamation or contempt of court or is likely to incite commission of any offence. Under section 5B(2) the Central Government has issued the following guidelines

 Objectives of Film Certification

 i) the medium of film remains responsible and sensitive to the values and standards of society;

 ii) artistic expression and creative freedom are not unduly curbed;

 iii) certification is responsible to social changes; 

iv) the medium of film provides clean and healthy entertainment; and

 v) as far as possible, the film is of aesthetic value and cinematically of a good standard

Violations of Cinematograph act and penalties – Section 7 of the Cinematograph Act provides penalties for violation of censorship provisions. Penalty can also be imposed for failure to comply with section 6A which requires that any person delivering a film to an exhibitor or a distributor will also give to him details of all cuts, certification, title, length and conditions of certification. A person guilty of violation while exhibiting celluloid films is punishable with imprisonment for a term which may extend to Three years, or with fine which may extend to Rs.1/-lakh, or with both, and with a further fine up to Rs.20,000 for each day for a continuing offence. Similarly, Showing of video films which violate the rules in the manner prescribed in this section will attract imprisonment of not less than three months but which may extend to three years and a fine of not less than Rs.20,000 but which may extend to Rs.1/-lakh and a further fine up to Rs.20,000 for each day for a continuing offence. Furthermore, the trial court can direct that the offending film be forfeited to the Government. Under Section 7A, any police officer can enter a hall where an offending film is being screened, search the premises and seize the print. Films can also be seized when they are likely to be exhibited in violation of Cinematograph Act. 

LAWS APPLICABLE FOR INFORMATION

The list of legislations applicable for Information –

 i. Press & Registration of Books Act 1867 

 ii. Delivery of Books 'and Newspapers' (Public Libraries) Act, 1954

 iii. Delivery of Books (Public Libraries) Rules, 1955

 iv. Registration of Newspapers (Central) Rules 1956 v. The Newspaper (Prices and Pages) Act, 1956   vi. The Young Persons (Harmful Publications) Act, 1956 

  vii. The Press and Registration Appellate Board (Practice and Procedure) Order, 1961 

  viii. The Parliamentary Proceedings (Protection of Publication) Act, 1977

  ix. Press Council Act, 1978 

  x. The Press Council (Procedure for Nomination of Members) Rules, 1978

  xi. The Press Council Rules, 1979 

  xii. The Press Council (Procedure for Conduct of Meetings and Business) Regulations, 1979

  xiii. The Press Council of India (Grant of Certified Copies) Regulations, 1999 

  xiv. Press Council (Procedure for Inquiry) (Amendment) Regulations, 2006 

Press & Registration of Books Act, 1867 & The Registration of Newspapers (Central) Rules 1956 

The earliest surviving enactment specifically directed towards the press was passed in 1867, the Press and Registration of Books Act (PRB Act) (XXV of 1867). The objective was however not to establish governmental control over the freedom of the Press. It was a regulatory law which enabled Government to regulate printing presses and newspapers by a system of registration and to preserve copies of books and other matter printed in India. A number of minor amendments were made in the Act from time to time to make the Sections/Clauses compatible with the changing situation, more particularly after Independence. But major amendments were carried out in 22 1955 following the recommendations of the First Press Commission in 1953, consequent upon which the Office of the Registrar of Newspapers of India (RNI) was created and started functioning in 1956. Printing and publishing of newspapers and periodicals within India are governed by the Press and Registration of Books Act, 1867 and the Registration of Newspapers (Central) Rules, 1956. Section 3 of the Act requires every book or paper printed within India to have the name of the printer and the place of printing, the name of the publisher and the place of publishing printed legibly on it. Section 4 of the Act stipulates that the keeper of the printing press (someone who possesses a press that prints newspapers/books) has to make and subscribe a declaration before the District, Presidency or sub-divisional Magistrate within whose local jurisdiction the press is situated. A new declaration is to be made when the place where a press is kept is changed. The Declaration is to be made in Form I as given in the Schedule to the Registration of Newspapers (Central) Rules, 1956. Before making the declaration, Title Verification Letter should be obtained from the Press Registrar. No new declaration is necessary when:- 1) The change is for a period not exceeding 60 days 2) The place where the press is kept after change is within the local jurisdiction of the Magistrate. 

The Newspaper (Price and Page) Act, 1956

 The Newspaper (Prices and Pages) Act, 1956 has been enacted to provide for the regulation of the prices charged for newspapers in relation to their pages and of matters connected therewith for the purpose of preventing unfair competition among newspapers so that newspapers can have fuller opportunities of freedom of expression. The Act empowers the central government to make orders providing for the regulation of the prices charged for newspapers in relation to their maximum or minimum number of pages, sizes or areas and for the space to be allotted for advertising and other related matters for the purpose of preventing unfair competition among newspapers so that newspapers generally and in particular, newspapers with smaller resources and those published in Indian languages can have fuller opportunities of freedom of expression. The Act also provides that the Central Government should before making any order, consult associations of publishers and 33 such publishers likely to be affected by the order. The Act prohibits publication and sale of newspapers in contravention of any order made under the provisions of this Act. 

The Press Council Act, 1978

 The Press Council Act, 1978 was enacted to establish a Press council for the purpose of preserving the freedom of the Press and for maintaining the standards of newspaper and news agencies in India. The Act established the Press Council of India which is a body corporate having perpetual succession, with effect from 1st March 1979. The Press Council of India is empowered to make observations in respect of conduct of any authority including Government, if considered necessary for performance of its functions under the Act. The Council can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has not complied with the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct.

 

 

Complaints against the Press 

It is open to any person to lodge a complaint with the Press Council against a newspaper for a breach of the recognized ethical canons of journalistic propriety and taste. The complainant need not necessarily be the person aggrieved or directly involved. The alleged breach may be in the publication or non-publication of a news item or statement, or other material, like cartoons, pictures, photographs, strips or advertisement which are published in a newspaper.