DOPING

Participation matters more than winning. So the use of doping substaces by

the atheletes for the want of winning a game can be curbed only by detecting
the presence of illegal substance in the body of athlete with the help of doping
tests. Drug testing promotes equity in sport and helps to deter drug cheats
from using banned substances. It promotes athlete health and safety while
attempting to maintain fair play.

 creating a deterrent for athletes who may consider to use drugs to cheat in sport
 promoting drug-free sport that incorporates fair play
 promoting safety in sport
 promoting equity in sport
 rewarding athletes for their ability, training and efforts
  protects athletes reputations

However, drug testing does not always catch athletes, and is often having to develop new
testing methods for the new drugs being released. A false positive will also ruin an athlete’s
career in sport if leaked to the media. It should be noted though, that false positives are very
rare and athletes are often tested more than once to confirm usage.

https://www.searado.com/information-for-stakeholders/doping-control/testing-procedure/

https://idtm.se/anti-doping/rules-regulations/

https://www.orfonline.org/expert-speak/sedition-law-threat-indian-democracy/

Article 19 of the UDHR and Article 19(2) of the ICCPR also provides for freedom of speech
and expression even in case of internet and social media.

The freedom of speech and expression does not confer on the citizens the right to speak or
publish without responsibility.

It is not an unbraided license giving immunity for every possible use of language and
prevents punishment for those who abuse this freedom
Keeping all this in mind, it is suggested that the Government should form a Committee
including technical experts to look into all the possible facets of the use and misuse of social
media and recommend a suitable manner in which it can be regulated without hindering the
civil rights of citizens.

FREEDOM OF PRESS

In a democracy people should have the freedom to express their feelings and to make their views known
to the people at large. Press is the platform through which opinion of public can be expressed at large.
Press should be free to play its role in building a strong viable society. Denial of the freedom of press to
citizens would necessarily undermine the power to influence public opinion. The framers of the Indian
constitution considered freedom of the press as an essential part of the freedom of speech and
expression as guaranteed in Article 19 (1) (a) of the Constitution. Dr. Ambedkar in the constituent
assembly debates cleared hi point of view that no special right for freedom of press is required as the
press also have an inherent right of freedom of speech and expression like any other citizen of India. In
ROMESH THAPAR v. STATE OF MADRAS the court was of the clear opinion that freedom of press is an
integral part Freedom of speech and expression. Patanjali Sastri J. held that freedom of speech and
expression included propagation of ideas, and that freedom was ensured by the freedom of circulation.
The right to free speech and expression includes the right not only to publish but also to circulate
information and opinion. Circulation of information and opinion is an essential function of the press of a
country. Even in Indian Express Newspapers v/s Union of India, it has been held that the press plays a
very significant role in the democratic machinery. In Bennett Coleman and Co. v/s Union of India, the
validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by
the Court holding it to be violative of provision of Article 19(1)(a) and not to be reasonable restriction
under Article 19(2). So from the above mentioned points it can be concluded that Freedom of press is
also a part of Article 19(1)(a) and is also very essential for a free democracy.

SEDETION

The arrests of the NDTV journalist Vinod Dua, who was accused of having made remarks against Prime
Minister Narendra Modi and his government's handling of the migrant labour crisis during the Covid-19
lockdown in 2020 and the 22-year-old Disha Ravi in the Greta Thunberg toolkit case for tweeting in
solidarity with the farmer’s agitation in India has raised many questions about freedom of speech and
expression in India. When journalists are censored through the sedition law, it impacts democracy. The
sedition laws reduce government accountability as the government is able to ignore its critics and in
turn charge them with sedition. Supreme court was of the view that there is a need for examining afresh
the scope of the sedition law .

Sedition has become a tool, not only to settle political scores but also to curb freedom of expression.
It is considered as a tool in the hands of ruling government to curb the voices which are raised against
them and their works and policies.

Recently Justices D Y Chandrachud, L N Rao and S R Bhat mentioned that section 124A of IPC would
require interpretation, particularly in the context of .. of the right of the electronic and print media to
communicate news and information, even those that may be critical of the prevailing regime in any part of the
nation.

Its use of terms such as “bringing (government) into hatred or contempt” and “disloyalty and all feelings
of enmity” continues to help the police to invoke it whenever there is either strong criticism or critical
depiction of unresponsive or insensitive rulers. The explanation that disapproval of government actions
or measures with a view to altering them by lawful means will not amount to an offence is not enough
to restrain the authorities from prosecution.

OBSCENITY

The word obscene came from a Latin term Obscenus which means ‘offensive’ especially
modesty. Obscenity is a kind of mind pollution or divergence which affects the society at large.
It can be stated as acts, photographs or any such videos which derive towards immorality and
decency. India is mostly known for its great culture, heritage, tradition, morality and decency so
anything obscene will surely hurt the sentiments of India. Nowadays it generally effects the
young minds in India creating a sexual desire inside them.

Under Indian laws Section 292 -294 in IPC throws light on obscene acts and their punishment.
These sections make the sale, exhibition and circulation of obscene books and objects, and the
performance of obscene acts or songs in public places.

Article 19 of the Constitution of India, which guarantees the right also provides for reasonable
restrictions on various grounds, including that of decency and morality.

In todays time media has become a platform from which obscenity can reach to the normal
people. Media is slowly losing its social accountability by giving massive amount of coverage to
abnormal events and issues which covers obscenity also.

Milind Soman, a youth icon, actor and model, recently posted a picture of himself on his Twitter
handle in which he is running nude on the Goa beach in the state to mark his birthday with a
Caption – Happy Birthday to me, 55 and running. He was arrested by the Goa Police under
section 294 of IPC for promoting the obscene act in a public place and also section 67 of
Information and Technology act for publication of obscene content on the social media but
according to him, he was promoting his fitness.

https://indianexpress.com/article/explained/explained-milind-soman-obscenity-in-india-
6998750/

https://www.ijalr.in/2020/09/mass-media-versus-obscenity-laws-in.html

Broadcasting
Broadcasting rights are those rights through which broadcasters are fully assigned with the task
to broadcast professional sport events on Television or any other online OTT platforms as like
sony liv, hotstar etc. These rights are generally compensated on a contractual basis and can
refer to an individual event, a tournament or a league. Broadcasting is part of right to freedom
of speech and expression provided by Article 19(1) of the Indian Constitution.

As the competition in todays time is rising in the broadcasting market, due to that these
broadcasting channels sometimes take a step forward and broadcast things which can be
immoral, unethical and can also harm the security of the nation

https://www.legalserviceindia.com/legal/article-3216-broadcasting-regulations-in-india-and-
how-they-are-different-from-uk.html

Surogate Advetising

A surrogate advertising refers to a form of advertisement that duplicates the brand image of
one product to promote another product of the same brand. The word surrogate means a
‘substitute’. Usually, brands use surrogate advertising to promote a banned product under the
veil of a substitute good. For e.g Imperiial blue…..

https://www.feedough.com/what-is-surrogate-advertising-why-is-it-used/

Doping

Doping has been on a rise in the sports domain from the past decades. The use of illegal
substances to win a competition is nothing more than an illegal, immoral and unethical act.If a
person who has been disqualified from participating in an event for a period of 4 years after
winning a gold medal in an international wrestling championship, it may involve something
fishy in the whole scenario. If the wrestler would have knowledge that he has been
administered with a doping substance , he would never have approached the High Court. So
keeping that situation in mind I would keenly look into the procedures which were used while
conducting the doping test of Mr. A. His food intake should also be kept in mind so that it can
be known that whether his food was subotagged or not. I would like to order a proper
investigation of this case with the help of investigating agencies of our country. In the case of
Narsingh Yadav also CBI enquiry was set up by the High Court in order to investigate his case. So
here also we can set up an proper enquiry into the matter and wait for the proper report before
pronouncing a judgement in this regard. If something fishy is found in the investigation then
surely the consideration will be given on uplifting the ban from the wrestler and the report can
be sent to WADA so that they can review this case scenario again and then make a final call.
Consideration will also be laid on the past behaviour oh Mr.A and his coach in relation to the
doping world. The perfomnace of Mr. A in the wrestling world must also be kept in mind that
whether he is capable to win a gold medal at such a big level or not. By following the above
mentioned points I would like to proceed with the case and give a judgement.

Media Trial

Media trail is the influence of media coverage via newspapers and television on an individual by
creating a perception of innocence or guilt even before the Court of law announces its
judgment. Whenever there is any sensitive case that comes to be tried before the court, the
public would like to know about that by looking forward to sensational news of media including
newspapers, television channels, news websites, etc. which start publishing their own
interpretation of facts. It is called investigative journalism and is not prohibited in India. For. e.g
the case of sanjay dutt where he was almost declared as a terrorist by the media of our country
but when the final judgement of the court came he was acquitted by the court of all charges
made against him after observing that he had acquired guns for self-defence and he was not a
terrorist. After this incident, being an actor he had to suffer a lot of problems and outrage and
his reputation got depleted.

https://blog.ipleaders.in/famous-cases-media-trials-india/