SCHOOL OF LAW

KIIT UNIVERSITY, BHUBANESWAR

SEMESTER VIII
(BATCH 2016-21)
CONSTITUTIONAL LAW (HONOURS)
MEDIA AND THE LAW (LW 4614)

Subject Teacher: Ms. Tulishree Pradhan

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OBJECT OF THE COURSE
This Course will equip students with understanding of the historical
background, constitutional and statutory framework, policy aspects of
the interface between media and the law.
COURSE OBJECTIVES
1. To acquaint students with historical background on media & law
during Colonial rule in India & how it shaped perspectives of Indian
law makers to give a new shape to it in post-independent India.
2. To help students understand the constitutional framework in which
laws relating to media operate.
3. To develop an understanding of the interface of media with the
statutory and regulatory framework.
4. To facilitate an understanding of the politics behind such legal
framework and the emerging public policies concerning this field.

Outcomes of the course:

1. Students will learn about their legal rights and obligations. The course will educate
students on how to publish information without violating defamation and invasion of
privacy, how to gather information to avoid legal and/or ethical trouble and how to deal
with subpoenas.
2. We will also examine how to navigate the digital space of contemporary journalism and
focusing on Fair Use, and other laws, policies and best practices in the use of
photographs, trademarks, film clips and other copyrighted works.
3. This is a rapidly changing and complex legal environment for journalists, publicists and
other creative entrepreneurs. This is not a course to prepare you to practice law but how
to see the fuzzy and the bright lines and when to call on legal help.
4. Our goal is to keep you and your employer out of trouble. In addition, in an ever evolving
fast and competitive digital space, the course also will explore the temptations of sloppy
and unethical practices, and the consequences of giving into those temptations.
5. We will explore the impact of the internet on the practice of journalism and other creative
fields and how new communications technologies are regulated today. Overall, this
course will aim to give students the essential legal framework of their rights and
responsibilities as lawyers. Come prepared to think, discuss and participate.

TEACHING LEARNING METHODOLOGY

The Course will be taught by a combination of lectures, seminars, practical
examples using case law, discussions and consultation with the teacher over
the period for six hours a week including tutorial. Class discussion consists of
material that is additional and different from the reading. Therefore, it is
expected that students come to class being familiar with all the assigned
topics.
We are happy to meet with students outside of class as needed. If you
would like to speak with us outside of class, please feel free to stop by our
office, telephone us or send us an email to schedule a meeting. Please note that

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the list of leading cases is not exhaustive, and cases not mentioned in the
syllabus will be eventually uploaded and discussed in the class. Students are
expected to attend the lectures regularly and actively participate in the
discussions. They are expected to read the portions from the text books and
come to the class. Necessary reading materials will be provided to the students
on the subject to the maximum possible extent. No doubts should be left un-
clarified and the teacher should be consulted for that purpose. All students
are expected to bring the bare act every day in the class.
Evaluation System
The performance of the students will be assessed on the basis of 100 marks.
The 100 mark is divided into 50 marks for the Internal Assessment and 50
marks for the End Semester Examination. Out of 50 marks 30 marks are
allotted for writing and presenting a Research Note or Article for about 10 to 15
pages in the format of Harvard Law Review or Journal of Indian Law Institute.
The remaining 20 marks for mid-semester examination. The question for End
Semester Examination will be of long answers, problems and short notes.

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 ANNEXURE-I: SYLLABUS/COURSE DETAILS
MODULE-1: MEDIA & THE LAW IN INDIA: HISTORICAL BACKGROUND
1.1 History of Mass Media in India
1.2 Media Legislation during the British Period
✔ The Bengal Gazette, 1780
✔ Munro Reforms and the Press, 1822
✔ The vernacular Press Act, 1878
✔ The press and freedom Struggle
✔ The Indian Press Act, 1910
✔ Press Laws in Independent India
1.3 Experiences of Media in the US
1.4 Development of Press freedom in the UK
MODULE-2: MEDIA & THE CONSTITUTIONAL FRAMEWORK
2.1 Freedom of Expression in Indian Constitution
2.2 Media During Emergency
2.3 Interpretation of Media freedom
2.4 Issues of Privacy, Media & the Law
2.5 Right to Information Act, 2005 to New Amendment in 2019
2.6 Case studies on Media and Free expression
MODULE-3: MEDIA & THE LEGAL FRAMEWORK
3.1 Media & Criminal Law (Defamation / Obscenity/Sedition)
3.2 Media & Tort Law (Defamation & Negligence)
3.3 Media & Legislature – Privileges of the Legislature
3.4 Media & Judiciary (Contempt of Courts Act, 1971 & the amendments)
3.5 Media & Executive (The Official Secrets Act, 1923 & the amendments)
MODULE-4: MEDIA AND THE REGULATORY AUTHORITIES IN INDIA
4.1 Media & the Regulatory Authorities
4.2 Self-Regulation Vs. Legal regulation
4.3 Indecent Representation(Prohibition) Act, 1986
4.4 Autonomy to Doordarshan: Prasar Bharti Act,1990
4.5 The Cinematograph Act, 1952
4.6 Information Technology Act of 2000
4.7 The Telecom Regulatory Authority of India,1997
MODULE-5: MEDIA: POLITICS, PUBLIC POLICY & RELATED ISSUES
5.1 Media and Ethics
5.2 Regulating the New Media & Internet
5.3 Social Media
5.4 Issues of Consumer Protection
5.5 Paid News

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DAY TO DAY SCHEDULE
Name of the topic Number of Hours

MODULE I : INTRODUCTION 2 Hours

1.1 Unit-1: History of Mass

Media in India
1.2 Media Legislation during British 2 Hours
period in India

1.3 Experiences of Media in the US 2 Hours

1.4 Development of Press freedom in the 2 Hours

UK

MODULE II : MEDIA & THE 2 Hours

CONSTITUTIONAL FRAMEWORK

2.1 Freedom of Expression in Indian

Constitution

2.2 Interpretation of Media 2 Hours

freedom

2.3 Issues of Privacy, Media & the 1 Hour

Law
2.4 Right to Information Act, 1 Hour
2005

2.5 Case studies on Media and 2 Hours

Free expression

MODULE III : MEDIA & THE LEGAL

FRAMEWORK 2 Hours
3.1 Media & Criminal Law
(Defamation /
Obscenity/Sedition)
3.2 Media & Tort Law (Defamation & 1 Hour
Negligence)

3.3 Media & Legislature – Privileges 2 Hours

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 of the Legislature

2.4 Media & Judiciary – 2 Hours

Contempt of Court
3.5 Media & Executive – Official 1 Hour
Secrets Act

MODULE IV : MEDIA AND THE 2 Hours

REGULATORY AUTHORITIES IN
INDIA
4.1 Media & the Regulatory Authorities

4.2 Self-Regulation Vs. Legal 1 Hour

regulation

4.3 Indecent 2 Hours

Representation(Prohibition) Act,
1986

4.4 Autonomy to Doordarshan: 1 Hour

Prasar Bharti Act,1990

4.5 The Cinematograph Act, 1952 2 Hours

4.6 Information Technology Act of
2000
4.7 The Telecom Regulatory
Authority of India,1997
MODULE V: MEDIA: POLITICS,
PUBLIC POLICY & RELATED ISSUES 2 Hour

5.1 Regulating the New Media &

Internet

5.5 Media and Ethics 2 Hours

6.2 Issues of Consumer Protection 2 Hour

6.4 Paid News 1 Hour

6.5 Social Media 1 Hour

TOTAL MODULES= 5 TOTAL HOURS= 40

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ANNEXURE:
● READINGS

1) Madhavi Goradia Divan (2006), Facets of Media Law Eastern Book

Company
2) Marshall Mc McLuhan (2005), Understanding Media, 2 nd Edn, Routledge
Publishers
3) Paranjoy Guha Thakurta (2011), Media Ethics, 2e, Oxford University Press

REFERENCES

1) S. Macbride-Many Voices, One World (Oxford IBH Publishing).

2) Black & Jennings-Introduction to Mass Communication (W.C.
Brown.
3) Schramm & Roberts-The Process and Effects of Mass
Communication (University of Illinois).
4) Dennis Macquail-Mass Communication Theories: An
Introduction (SAGE).
5) S.Ghosh-Mass Media Today in the Indian Context (Profile
Publishers).
6) B.Kuppuswamy-Social Change in India (Vani
Publications/Publishers).
7) M.N. Srinivas-Social Change in Modern India (Orient Longman)
8) J.S.Yadav-Communication in India (Academic Press).
9) Daniel Learner-The Passing of Traditional Society (Free Press).
10) Arun Bhattacharjee-Indian Press: Profession in Industry
(Vikas Publishsing House)
11) P.C.Chatterjee-Broadcasting in India (SAGE).
12) Adrian Athique (2012), Indian Media, John Wiley & Sons
13) Angharad N. Valdivia (2006), A Companion to Media Studies,
Blackwell Publishing Professional
14) B. Manna (2006), Mass Media and Related Laws In India, 2nd Ed.,
Academic Publishers
15) CAD, Vol VII page 980 (Dr. B.R. Ambedkar’s view).
16) Herbert Lee Williams, Newspaper Organization and Management,
5th Edn., pg 347.
17) Crone Tom (2002), Law And The Media, 4th Edition, Focal Press

18) David Lemmings, Claire Walker (2009), Moral Panics, the Media
and the Law in Early Modern England, Palgrave MacMillan
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 19) Raminder Kaur & William Mazzarella (Ed.)(2009) Censorship in
South Asia: Cultural Regulation from Sedition to Seduction, Indiana
University Press

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