INDORE INSTITUTE OF LAW

(AFFILIATED TO D.A.V.V. & BAR COUNCIL OF INDIA)

MEDIA & LAW

TOPIC: MEDIA LAWS IN INDIA; ORIGIN, ANALYSIS & RELEVANCE
IN PRESENT SCENARIO

SUBMITTED BY:

NEHA DARYANI

BBALLB- 9th Semester

SUBMITTED TO:

ASST. PROF. AAKRITI SHUKLA

ACADEMIC SESSION
2023-24

Enrolment Number: DL1901086 Roll No.: 90440568

Date of Submission: -01-2024

1|Page
 CERTIFICATE

THIS IS TO CERTIFY THAT NEHA DARYANI OF BBALLB 9TH SEM HAS

SUCCESSFULLY COMPLETED THE RESEARCH WORK IN MEDIA LAWS IN INDIA;
ORIGIN,ANALYSIS & RELEVANCE IN PRESENT CENARIO PARTIAL FULFILMENT
OF REQUIREMENTS FOR THE KNOWLEDGE OF GIVEN BY ASST. PROF AAKRITI
SHUKLA . PRESCRIBED BY INDORE INSTITUTE OF LAW.

THIS ASSIGNMENT IS THE RECORD OF AUTHENTIC WORK CARRIED OUT

DURING THE ACADEMIC YEAR 2023-24.

TEACHER’S SIGNATURE

DATE

2|Page
 DECLARATION

I HEREBY DECLARE THAT THE PROJECT WORK ENTITLED MEDIA LAWS IN INDIA;

ORIGIN, ANALYSIS & RELEVANCE IN PRESENT SCENARIO SUBMITTED FOR

FULFILLING THE ESSENTIAL CRITERIA OF INDORE INSTITUTE OF LAW, IS A
RECORD OF AN ORIGINAL WORK BBALLB 9 SEMESTER, INDORE INSTITUTE OF
LAW FOR THE ACADEMIC SESSION 2023-24.

NAME- NEHA DARYANI

3|Page
 ACKNOWLEDGEMENT

I, NEHA DARYANI STUDENT OF [BBALLB 9TH SEMESTER] WOULD LIKE TO

EXPRESS MY SPECIAL THANKS OF GRATITUDE TO MY PROFESSOR AND GUIDE
ASST. PROF. AAKRITI SHUKLA WHO GAVE US THE GOLDEN OPPORTUNITY TO
DO THIS WONDERFUL ASSIGNMENT ON THE TOPICS (MEDIA LAWS IN INDIA;
ORIGIN,ANALYSIS & RELEVANCE IN PRESENT CENARIO). I AM SINCERELY
GRATEFUL TO MY TEACHER FOR GUIDING US AND PROVIDING THE RELEVANT
INFORMATION AND THUS HELPING ME TO COMPLETE THE PROJECT
SUCCESSFULLY. I WOULD ALSO LIKE TO GIVE A HEARTY THANKS TO MY
PARENTS WHO SUPPORTED ME MORALLY AS WELL AS ECONOMICALLY IN
COMPLETION OF THIS ASSIGNMENT WITHOUT ANY TYPE OF PROBLEM. I WOULD
LIKE TO APPRECIATE AND THANK ALL MY FRIENDS AND ALMA MATES FOR
HELPING ME IN EVERY POSSIBLE MANNER IN THE WAY OF COMPLETION OF MY
PROJECT. LAST BUT NOT THE LEAST I WANT TO THANK THE ALMIGHTY WHO
MADE EVERTHINMG POSSIBLE

4|Page
ABSTRACT
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India
5|Page
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
6|Page
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax

7|Page
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
8|Page
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT

9|Page
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India

10 | P a g e
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
11 | P a g e
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax

12 | P a g e
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
13 | P a g e
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT

14 | P a g e
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India

15 | P a g e
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
16 | P a g e
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax

17 | P a g e
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
18 | P a g e
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT

19 | P a g e
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India

20 | P a g e
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
21 | P a g e
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax

22 | P a g e
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
23 | P a g e
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy
ABSTRACT

24 | P a g e
Taxation plays a critical and
pivotal role in the process of
advancement and growth of
Indian
economy. Tax evasion occurs
when individuals deliberately
fail to comply with their tax
obligations. The resulting
tax revenue loss may cause
serious damage to the
proper
functioning of the public sector,
threatening its capacity to
finance its basic expenses. India

25 | P a g e
has been facing major
problems like tax evasion,
black money; the existence of
parallel
economy evidences the
Indian taxation system
requires few major reforms
in future to
address all these problems. The
present study covers the
overview of the effectiveness of
taxation laws, impact of tax
evasion on Indian economy,
delineating the factors
responsible
26 | P a g e
for tax evasion and examining
the possible remedies to lessen
the problem of tax evasion.
Key words: Tax evasion, Black
money, Parallel economy,
Taxation laws, Indian economy

27 | P a g e
 INDEX

S.NO TOPIC PAGE NUMBER

1.
ABSTRACT 8

2.
INTRODUCTION 9

3.
RESEARCH 11
METHODLOGY
4. CHAPTER 1: HISTORY OF
MEDIA LAWS 12

5. CHAPTER 2: MEDIA AND

ETHICS 14

6. CHAPTER 3: DEMOCRACY
IN MEDIA LAW 16

7. CHAPTER 4:
GOVERNMENT 19
REGULATION INMEDIA
LAWS
8.
CONCLUSION 21

9.
BIBLIOGRAPHY 23

28 | P a g e
 PLAGARISM REPORT

28 72

Plagiarised Unique

Abstract

The researcher in this research paper “Media Laws in India: Origin, Analysis and Relevance in
The relevance of circulating information by media is considered a part of Fundamental Right to Freedom of speech and
expression. In fact some philosophers consider media as fourth pillar of Constitution after Legislature, Judiciary &
Executive. Hence it is necessary to provide media law so that media and its regulating authorities can perform their
functions properly and the journalist can maintain the principle of ethics in the industry. While using the term “media law” ,
the focus is mainly on the law. It examines the boundaries within which the media organizations and journalists operate.
Hence this type of emphasis diverts the focus onto terms like freedom of speech, defamation, confidentiality, privacy,
censorship, contempt and freedom & access to information. Present Scenario”. Media law in India is not
The laws related to media in India have emerged throughout the time in a drastic manner. The press regulation came
into existence when the British East India Company started ruling a part of India after the Battle of Plassey in 1757. Then
the newspapers in India were published by only Europeans and expulsion of the editor (printer) was ultimate penalty. The
first attempt to start the newspaper in India was made by William Bolts, an ex-employee of the British East India Company
in 1766 but was deported. a single statutory law. It is a collection of different statutes which prevail
Later a number of papers on the affairs of India “especially” in respect to the state of Bengal and its dependencies” was
published in1773 by J.
Almon, London as “Considerations on Indian Affairs” in two volumes with maps and survey reports. He has been
identified as former Judge of the Mayor’s Court of Calcutta in this publication. over different medium of
The James Augustus Hickey started The Bengal Gazette or Calcutta General Advertiser in 1780, the first newspaper in India.
It was seized in 1872 because of bluntly criticizing the government. Licensing, like censorship was also a European
institution to control the press & was introduced in Bengal in 1823 through Adam’s regulations. The East India Company
had instructed that no servant of the company should have any connection with a newspaper. Metcalfe’ Act was
introduced in 1835 which replaced the licensing regulations and was applicable to entire territory of the East India
Company. It also stated that the printer and publisher of every newspaper declare the location of the premises of its
publication. However Licensing was reintroduced by Lord Canning in 1857 and was applicable to all kinds of publications.
With the introduction of Indian Penal Code in 1860, the act laid down offences which any writer, editor or publisher must
avoid - the offences of defamation and obscenity. media. It has been an evolution in itself and has been
The next important event in that era of media laws in India was the enactment of the Press and Registration of Books
Act (25 of 1867).
This Act is still in force with amendments being made from time to time. The object of this Act was to provide regulation
for the printing presses and of periodical containing news, for the preservation of duplicate of books and for the
registration of books. revised from time to time as per the requirement to maintain its objectives. But
this evolution has faced many challenges throughout and yet it feels that it has lost its crux to

29 | P a g e
deliver the information in the way it deserves. It is a matter of concern that media is changing the
perception of people in such a way that people tend to believe even in the misinformation being
spread. Media law is not a term for a uniform and integrated body of law like the law of contract
or the law of crimes. It is a mix of a variety of laws and ethics that are considered most important
for a working journalist and media industry. When the term “media law” is used, the focus is on
the law itself. It examines the limits within which the media organizations and journalists
operate. The paper intends to throw light on origin and aspects of Media Laws in India.

Keywords : Media, Laws, Defamation, Ethics, etc.

INTRODUCTION

The relevance of circulating information by media is considered a part of Fundamental Right to

Freedom of speech and expression. In fact some philosophers consider media as fourth pillar of
Constitution after Legislature, Judiciary & Executive. Hence it is necessary to provide media law

30 | P a g e
so that media and its regulating authorities can perform their functions properly and the journalist
can maintain the principle of ethics in the industry. While using the term “media law”, the focus
is mainly on the law. It examines the boundaries within which the media organizations and
journalists operate. Hence this type of emphasis diverts the focus onto terms like freedom of
speech, defamation, confidentiality, privacy, censorship, contempt and freedom & access to
information. The laws related to media in India have emerged throughout the time in a drastic
manner. The press regulation came into existence when the British East India Company started
ruling a part of India after the Battle of Plassey in 1757. Then the newspapers in India were
published by only Europeans and expulsion of the editor (printer) was ultimate penalty. The first
attempt to start the newspaper in India was made by William Bolts, an ex-employee of the
British East India Company in 1766 but was deported. Later a number of papers on the affairs of
India “especially” in respect to the state of Bengal and its dependencies” was published in1773
by J. Almon, London as “Considerations on Indian Affairs” in two volumes with maps and
survey reports. He has been identified as former Judge of the Mayor’s Court of Calcutta in this
publication.

The James Augustus Hickey started The Bengal Gazette or Calcutta General Advertiser in 1780,
the first newspaper in India. It was seized in 1872 because of bluntly criticizing the government.
Licensing, like censorship was also a European institution to control the press & was introduced
in Bengal in 1823 through Adam’s regulations. The East India Company had instructed that no
servant of the company should have any connection with a newspaper. Metcalfe’ Act was
introduced in 1835 which replaced the licensing regulations and was applicable to entire territory
of the East India Company. It also stated that the printer and publisher of every newspaper
declare the location of the premises of its publication. However Licensing was reintroduced by
Lord Canning in 1857 and was applicable to all kinds of publications. With the introduction of
Indian Penal Code in 1860, the act laid down offences which any writer, editor or publisher must
avoid - the offences of defamation and obscenity. The next important event in that era of media
laws in India was the enactment of the Press and Registration of Books Act (25 of 1867). This
Act is still in force with amendments being made from time to time. The object of this Act was to
provide regulation for the printing presses and of periodical containing news, for the preservation
of duplicate of books and for the registration of books.

31 | P a g e
With Swadeshi Movement and partition of Bengal the opposition of the Government reached to
its peak, both in the press and the public. In June 1908 the government passed the Newspaper
(Incitement to Offences) Act, which provided power to local authorities to sue the editor of any
newspaper, who indulges in writings meant to incite rebellion. Nine suits were instituted under
this Act as a result of which seven presses were confiscated. Then the Press Act of 1910 was
enacted, which empowered the government to demand security from any newspaper, a provision
similar to what existed in the Vernacular Press Act. British Parliament passed the Copyright Act
in 1911. Similar provisions came to India by Indian Copyright Act, 1914 (3 of 1914). It was
replaced by a comprehensive legislation only in 1957 by the new Copyright Act (14 of 1957). In
1918 Government passed the Cinematograph Act (2 of 1918), which was replaced by the
Cinematograph Act, 1952 (37 of 1952).

Before Independence, the Press Laws Enquiry Committee in March 1947 was appointed by the
Interim Government to examine the press laws. The Committee gave its report on 22 May 1948
after Independence and partition of India. After the report of this committee was submitted the
Act of 1931 was replaced by Press (Objectionable Matter) Act 1951. However, the mood was so
much for freedom of press that it was allowed to lapse in February 1956 and was repealed in
1957. The Indian Constitution gives every citizen fundamental right to freedom of speech and
expression and the courts have interpreted that it includes freedom of the press (Under Article
19(1)(a) ). A major setback to the freedom of press in India was seen when Emergency was
imposed in June 1975 and censorship was introduced. However, after the defeat of the then
ruling party in 1977 General Elections it has not been possible for anybody to follow the
example.

RESEARCH METHODOLOGY

RESEARCH OBJECTIVE

 To understand the origin of media law.

32 | P a g e
  To know the position of media in Indian law.
 To evaluate the current scenario of media in India.

RESEARCH QUESTION

1) How did the media law originated?

2) What is the position of media under Indian constitution?
3) What is the current situation of media law?

SCOPE OF RESEARCH

The scope of the research is that how the origin of media law took place and the relevant case
laws related to it in India.

HYPOTHESIS OF RESEARCH

The hypothesis of the research is that media is the backbone of the Indian democracy and that it
plays an important role in making of the judgments. Also the media is a bridge between the
government and the people.

RESEARCH METHOD

This research was conductive in a descriptive way this research is based on doctrinal method.
Published and secondary data has been collected through various sources and analyzed
accordingly. In order to make the research more objective many available literature and related
articles have also been evaluated. No field work was performed to carry out in the progress of
this research.

CHAPTER 1: HISTORY OF MEDIA LAWS

While the Constitution of India, 1950, as amended ("Constitution") sets some reasonable
restrictions, it is true that the Press is free. National media, both public and private, both in India

33 | P a g e
and beyond, served as the primary form of communication before communication satellites were
developed. Local TV, foreign films, and global information systems were the outcomes of the
growth of "transnational media" together with communication technologies like satellite
distribution and ISDN (Integrated Services Digital Network). In this era of media boom, it
becomes imperative to impose specific legal checks and limitations on transmission and
communication. Later on in this article, we shall examine the various components of the media
as well as the important legislative checks and restrictions that govern them.

The colonial era, when Britain dominated the country, had a significant impact on Indian media
rules. When Lord Wellesley published the Press Regulations in 1799, the first legal limitations
were put into place and effectively pre-censored the nascent newspaper publishing industry.
Beginning in 1835, the Press Act was passed, repealing the majority of the restrictive provisions
of earlier laws on the subject. The government then issued the "Gagging Act" on June 18, 1857,
which granted it the power to prevent the production or distribution of any newspaper, book, or
other printed material, among other things. It also mandated licencing requirements for anyone
who own or operate printing presses.

The following law was the "Press and Registration of Books Act," which was enacted in 1867
and is still in force today. Governor General Lord Lytton signed the "Vernacular Press Act" of
1878 into law, giving the government the authority to forbid the publication of materials deemed
seditious and to punish printers and publishers who defied the restrictions. In 1908, Lord Minto
passed the "Newspapers (Incitement to Offences) Act, 1908," which allowed local governments
the authority to sue the editor of any newspaper found to have published what was seen to be an
encouragement to revolt. But the most significant day in the history of media restrictions was
January 26, 1950, the day the Constitution took effect. The colonial experience of the Indians
aided in their comprehension of the crucial significance of "Freedom of Press." In order to allow
the press to enlighten the public, this freedom was enshrined in the Constitution, and the
Constituent Assembly decided to uphold this "Freedom of Press" as a fundamental right. The
right to free speech and expression is protected under Article 19(1)(a) of the Indian Constitution,
which does not particularly include the freedom of the press.

The Defence of India Act of 1962 This Act's execution took place concurrently with the
Emergency declared in 1962. This Act attempted to drastically restrict press freedom in view of

34 | P a g e
the turmoil that the conflict with China was causing in India. The Act allowed the Central
Government the power to enact laws that would prohibit printing or publishing any materials in
newspapers, limit adverse press coverage, and ban the publication of any information that may
impair military or civil defence operations.

The minimum standards for working conditions for journalists and newspaper staff are
established by the Working Journalists and Other Newspaper staff (Conditions of Service and
Miscellaneous Provisions) Act of 1955.

The Civil Defence Act of 1968 grants the government the power to pass laws that forbid the
publication and distribution of any book, newspaper, or other piece of writing that would be
harmful to the Civil Defence. After being disbanded in 1976, the Press Council was reinstituted
under the Press Council Act of 1978 in order to protect and improve the standards of Indian
newspapers and news companies.

The Constitution guarantees the freedom of the press, notwithstanding the fact that Article 105
(2) lays some limitations on the publication of parliamentary proceedings. In the infamous
Searchlight Case, the Supreme Court decided that it was a breach of privilege when a newspaper
published parts of a member of the House's speech that the Speaker had directed to be removed.

The broadcast media was completely under the control of the Indian government. Private
organisations were limited to programme sponsorship and commercial advertising.

CHAPTER 2: MEDIA AND ETHICS

The ethical study is a subfield of literature that aims to answer morality-related concerns by
redefining words like positive and negative, correct and incorrect, etc. The discussion of

35 | P a g e
digitalization, journalism, and morality focuses on the fundamental ethical standards in the
internet world, the mainstream press, and community since innovations have a variety of effects
on how we conduct our daily lives. Our everyday lives are impacted by these socioeconomic,
political, and informational changes. Technology ethics is a branch of philosophy that focuses on
moral issues related to technical advancements, along with its possibilities, advantages, hazards,
and restrictions, as well as their direct and long-term implications for society. It aims to
comprehend and address the moral questions raised by the creation and widespread use of
physical and electrical technologies. The word "techno-ethics," which combines the terms "tech"
and "ethics," refers to the study of the how to apply advanced technologies ethically, how to
guard against any abuse, and how to grasp the basic rules that should govern future technical
advancements. The moral application of new technologies is essential in western age, especially
in fields where they have a profoundly transformative influence.

Among the various categories of ethics, known as media ethics, is concerned with the particular
rules as well as regulations that the journalism, such as theatre, movie, and television news,
would abide by. Completely addressing the ethical concerns raised by technical advancements
has been the aim of digital media standards. Supporting and encouraging all principles, such as
regard for all life, the legal system, and validity are part of media ethics. The main goal of media
is to provide readers the complete news and data they need on topics of critical interest in a
balanced, factual, and decency-conscious way. Ethics instructs us regarding how to gather &
disseminate data, ensure the veracity of that media coverage, and use terminology which is
appropriate for the community, together while bearing in mind how these changes will affect
people, as the technological advances or digital technology has a profound effect on community.
at present technically developed multimedia coverage, ethics focuses on moral principles of
humanity, including the fact that press must not distinguish or incite hatred on the basis of
ethnicity, spirituality, or to make judgments the innocence of an individual even without real
verdict of the court.

 Code of Newspaper Media Ethics in India:

Rule of Newspaper Ethical Journalism in India: A number of codes have occasionally being
developed to help reporters in their profession.

36 | P a g e
  The AINEC code - A free media could only survive in a democratic country that is
unfettered of casteism, as per an ethical code created in 1968 by the All-India Newspaper
Editors' Conference (AINEC). The media has a responsibility to aid in fostering
cohesiveness and harmony in the public's minds and hearts and to avoid posts and
updates that could arouse racial tensions or incite racial animosity.

Principle laid out in the AINEC code are- The dissemination of absolutely correct info has to be
a goal for reporters. No information may be intentionally misrepresented or the pertinent details
removed. No acknowledged incorrect news shall be disclosed. It is presumed that all available
research and remarks are accurate. If accountability is denied, it will be made clear in the text.

Every time, confidentiality must be maintained. Technical discretion must be upheld. Every
statement that is proved to be erroneous, as well as any comments made about incorrect news,
must be willingly corrected. Whenever a news that was previously published is revealed to be
erroneous or incorrect in significant details, it will be required to offer reasonable attention to a
connection of disagreement. Journalists are not allowed to use their position for anything other
than reporting..

Giving legitimacy to rumours or mindless chatter influencing the private lives of others is
unethical. Even information that can be independently verified and has an impact on someone's
personal life must be released only when the public benefit, as opposed to public curiosity,
requires it.

 Press council of India (PCI) code

The Press Council Act of 1978 established the quasi-judicial autonomous authority known as the
Press Council of India (PCI). Under the suggestions of the first Press Commission, it was
initially established in 1966 under the Indian Press Council Act, 1965. By upholding and raising
the norms of Indian media organisations, the Press Council of India (PCI) aims to protect
freedom of press.

CHAPTER 3: DEMOCRACY IN MEDIA LAW

37 | P a g e
The media play a significant role in providing the democratic electoral structure and personal
freedoms with a strong proportion that ensures honesty and accountability throughout all spheres
of governmental endeavours. The public is deciding which organization would serve it best if it
were to gain a majority owing to the main stream media efforts to put out even the reality and
expose ideological injustices. The government tries to influence the people via all the press,
which is connected to the people. The goal of the press representative democracy is to provide a
clear, equitable structure by establishing guidelines that will alter the general interactions to
provide media and local media exposure. The direct democracy governmental ideals included in
the press cast a ballot model are the reason why it differs from private ownership. It affects ideas
like socialism, female empowerment, and other things. Democratic consensus in the media and
our administration strengthens its ties with the public. It promotes measures like encouraging
locals to participate actively and increasing reporting of local news. According to the mainstream
press administration's approach, every member of the common population needs to have a high
level of education in order to be engaged in some important subjects and participate in free
discourse. It is essential to support the concept of democratic media that adheres towards the
principles of openness or thoroughness.

Important Element of Media in Democratic System.

According to the Judiciary, press freedom is fundamental for a parliamentary government to

function. The increment of media has revealed unpleasant tendencies of conflict, leading to
sensationalist reporting that ignores the long-standing rule of post. It had been suggested that
such press previews be subject to some sort of restriction to ensure that benefit both people and
the equity institution. However, there are a number of advantages to press in a democracy. A
vital component of a democracy is the press.

Constitutional Position on Media Law

Freedom of Press Regarding whatever type of information exchange, along with text
(publications, advertisements, journal articles, news stories), sound (broadcast, recordings), live
stream (television stations, OTT platforms such as Video content), as well as other digital means
of channels like messaging apps, newsfeeds, etc., the freedom of the press relates to the limited
intervention of the nation in the procedure of the public. According to House Of lord,

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"publishing even without licence subjected to the repercussions of law" constitutes media
freedom. We could consequently infer that possessing the opportunity to communicate one’s
personal opinions without seeking advance legal approval is referred to as having the right to
free speech.

According to Indian Newspapers v. Union of India, the goal of the media is really to support the
national good by publishing the data and viewpoints that the nation's citizens need in order to
arrive at accurate judgements. The core of social and political interaction is open media. The
supreme courts primary responsibility is to defend free expression and reject any legislation or
executive acts that are in contravention of the constitution. An open and impartial media serves
as the foundation of a civilized society that is responsible of important and individual thought
and types its opinions about the state and the authorities after carefully examining the published
facts. The media serves as a vehicle for providing information and disseminating important data
on current events, advancements, and occurrences of nationalism to the entire population.

Indian constitution has guaranteed some basic fundamental rights to all of its citizen including
Freedom of speech and expression under part 3 of constitution and freedom of press is an
inherent part of right to freedom of speech and expression. Dr Bhim Rao Ambedkar have stated
that freedom of press is the merely expression of people therefore there is no need for separate
law on freedom of press it will be an integral part of article 19(1)(a)

Nature of Freedom of Press under Article 19

Freedom of press include several aspects on how people choose to express themselves and
spread information or to say express their viewpoint to general public including freedom to
spread information, right to criticize, freedom on collecting.

information, right on taking interview, right to publish court proceedings, freedom on publishing
legislative act or amendments, right to broadcast and many such rights are covered under right to
press which is a part of freedom of speech and expression.

 Freedom to publish information

Freedom to press is meaningless if there is no right available to circulate it, although this is
implied in the freedom of expression, despite the fact that Romesh Thapar v. State of Madras1

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makes this right explicit in nature The primary distinction between freedom of the press and
freedom of expression for a citizen is that even the former allows for printing on some kind of
variety of media, including printable, radio, digital, etc., while the latter allows for mass
communication. As a result, the ability to disseminate knowledge is integral to journalistic
liberty.

 Right to criticize

The press has the freedom to criticise the administration, its leaders, its policy, its activities, its
legislation, its pronouncements, and so on same as people do. The media may, however, misuse
this liberty by inciting the populace opposing the administration or by supporting protests,
insurrections, mutinies, or other threats to the stability of the country or the administration.

 Right to gather information

Lack of awareness prevents the press from instructing the general public and renders the ability
of free speech meaningless, since there is insufficient accessibility to the content that can serve
as the foundation for any communication.

 Right to conduct interview.

This right is essential for educating community as a whole and obtaining direct understanding
from actual subject professionals on specific topics. There seem to be three limitations to this
privilege, despite the fact that it is not unconditional. The interviewee must give his or her
approval before the discussion can begin. The interview must end whenever the interviewee
decides it should. The interviewer cannot make the interviewee respond to any questions beyond
his or her choice.

CHAPTER 4: GOVERNMENT REGULATION ON MEDIA LAW

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The Ministry of Electronics and Information Technology oversees several components of online
media since they include networks for digital technologies. Majorly Publication, theatrical films,
television, and social media can be used to characterised as the Media & Entertainment sector in
India. The Ministry of Information and Broadcasting (MIB) supervises all of these sectors; it is
aided & maintained in its efforts by subordinated entities, independent institutions, state
agencies, and government-owned businesses. The India Telecom Regulatory Authority (TRAI)
also has a separate entity for programming and cable providers that is in charge of establishing
the entire regulatory environment for the programming and tv Service industry in respect to
interconnectivity, customer service, and pricing considerations.

 Publication/Print media

The publishing media in India are governed by the MIB (Information Wing). The licensing
requirements and obligations of writers and editors of journal and textbooks are outlined in the
Press & Registration of Books Act of 1867 and the Licensing of Newspapers (Central) Rules of
1956.

 Press & Registration of Books Act of 1867.

The British Government enacted the Press and Registration of Books (PRB) Act 1867
specifically to limit what something perceived to be the media's part in the "mutiny of 1857."
But, since it was simply applicable to English-language publications, it was cleverly
implemented. Since a more restrictive law, the Vernacular Press Act of 1878, was on the
horizon, it became considered to be of a supervisory existence. Fortunately, the VPA was
revoked in 1882.

It is odd that after India gained its independence, succeeding administrations have never
renounced the PRB of 1867. It is obvious that the act assisted regimes in regulating academic
publishing, controlling the media, and unintentionally restricting free press. On its own, the law
is very liberal and obviously intended to "assist and restore information." The statute has
undergone numerous adjustments, yet despite these changes, many people still have issues with
its total measure. Printing books hasn't actually happened. Even though there had being isolated
instances of opportunistic police going after authors, participation has indeed been
straightforward. Just the identity of the author and the printing press in which the volume was

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produced have been disclosed. Another crucial clause calls for recordings to be deposited in
national academic libraries. A walk to some of these places showed that despite frequently being
delivered, publications are stopped putting on the shelf.

 Press Council of India

A regulatory authority called the Press Council of India is in charge of upholding free press,
sustaining and raising the bar for news media institutions, among other things. Its duties involve
performing examinations following claims that journals or news outlets have not violated any
media ethics and standards or that editors or reporters have engaged in unethical behaviour. The
minimum standards for certification of professional reporters are outlined in the newly published
Central Media Accreditation Guidelines 2022 (the CMA Guidelines), that replace the old Central
News media Accreditation Guidelines 1999.

The CMA Guidance have come under fire for allowing certification to be revoked for a variety
of reasons, including when a reporter behaves in a way that endangers national defence,
independence, or honesty, cordial diplomatic ties, or maintenance of peace, or when they are
accused of committing a serious crime.

 Central Media Accreditation Committee (CMAC)

A committee known as the Central Media Accreditation Committee shall be established by the
ministry. The Senior Director General of the Press Information Bureau (PIB) shall preside over
all the Committee, which will include up to 25 participants who have been appointed by the
executive to fulfil the responsibilities outlined in these regulations. The CMAC will indeed
convene once in every three months or more often, as needed, for the 2 years that followed the
dates of its initial meeting.

CONCLUSION

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The term “media freedom” is often used alongside, or as an alternative to, the terms “freedom of
speech” or “freedom of expression”, but the protection of media freedom takes a special position
due to the media’s role as a “public watchdog” as well as its function to disseminate information
and ideas, thus guaranteeing the right of the public to receive this information. Freedom of
expression and media freedom are essential foundations for open and democratic societies. The
freedom to express one’s ideas and form an opinion is an important prerequisite for political
processes to function in a democratic way. At a national level, freedom of expression is
necessary for good government and, therefore, for economic and social progress. At an
individual level, freedom of expression is vital to the development, dignity and fulfillment of
every person. Without a broad guarantee of the right to freedom of expression, protected by
independent courts, there is no democracy and no free country. The media serves as a vehicle for
providing information and disseminating important data on current events, advancements, and
occurrences of nationalism to the entire population. An open and impartial media serves as the
foundation of a civilized society that is responsible of important and individual thought and types
its opinions about the state and the authorities after carefully examining the published facts.

A subset of law known as "media law" is devoted to policing the press, including radio,
marketing, and the television sector. It is applicable to printing, broadcast, and, most lately,
internet and online media. Surveillance, copyrights, or telecommunications may all fall under
this broad term. However, not all medias are subject to the similar legal restrictions.

For instance, when innovative systems are developed, social networking legislation continues to
change & evolve. Also, the laws governing the press varies across nation. The Ministry of
Information and Broadcasting (MIB) supervises all of these sectors; it is aided & maintained in
its efforts by subordinated entities, independent institutions, state agencies, and government-
owned businesses. The Ministry of Electronics and Information Technology oversees several
components of online media since they include networks for digital technologies. Majorly
Publication, theatrical films, television, and social media can be used to characterised as the
Media & Entertainment sector in India.

The Press is assumed to have specific obligations built into or placed on them while reporting on
events throughout the world, specifically obligations to the community it represents. Every time
specific problems are published without considering the repercussions which would ensue, the

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issue of civic duty is brought to light. Every individual has the right to information. The reporter
is accountable for the information disclosure. Although accountability is frequently described as
expression of assertions to liability, duty is actually the recognized requirement for type of
behaviour inside the bounds of duties and values.

BIBLIOGRAPHY

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 https://www.ijhssi.org/papers/vol7(2)/Version-1/C0702011315.pdf
 https://www.jetir.org/papers/JETIR2305B75.pdf
 https://www.intolegalworld.com/article?title=historical-analysis-on-indian-media-law
 https://desikaanoon.in/media-law-and-ethics/
 https://en.wikibooks.org/wiki/Introduction_to_Mass_Media/Media_Law_and_Ethics

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