MEDIA LAW

By

Dr.P.R.L.Rajavenkatesan
Assistant Professor (Senior)
VIT School of Law
 MEDIA
• Communication is a fundamental human requirement.
• It is a mode through which humans exchange
information.
• The word medium comes from the Latin word medius
(middle).
• The word communication is derived from the Latin
root communicate.
• Media Provides a vehicle for communication.
 TYPES OF MEDIA
• The term was coined in 1920 with the advent of
nation wide radio networks, mass-circulation of
newspapers and magazines.
• Media is generally agency for interpersonal
communication.
• There are two kinds of communication:
1. Personal Communication
2. Print and electronic media
 1. PERSONAL MEDIA

• Street Plays
• Drama, Public Meetings, Seminars
• Workshops Surveys
• PILs
• MP, MLAs- questions,
• Demonstrations
 2. MECHANICAL MEDIA

• Also called Print Media.

• News Papers (News Release, Press Conferences,
Interviews).
• Pamphlets (Booklets, brochures, Letters, writing
complaints to authorities).
• Books, Photographs, Photo Exhibitions.
 3. ELECTRONIC MEDIA

• Radio (Radio Talks, Interviews)

• Films and Documentaries
• Television (Talks, Interviews, Serials)
 MASS COMMUNICATION

• It is generally identified with the modern mass media

like press, radio, television, cinema, video and now the
internet.
• MASS MEDIA: It is a diversified collection of mass
technologies.
• There are three major functions:
1. Surveillance of the environment.
2. Interpretation of the information and prescription
for preservations.
3. Transmission of heritage.
 MASS MEDIA
• Important function is entertainment.
• Another vital function is advertising.
• Selling of goods and services.
• This commercial function helps the mass media
instrument to survive and do business.
• It is a vehicle for social reforms and religious
reforms.
• Ventilating the views and grievances of the people.
• Monitor of the performance of those in the authority.
 HISTORY OF MEDIA
• The print media is the first technological media, the
history of which can be traced to the invention of the
printing press.
• Newspaper development could be seen in THREE
PHASES.
• THREE Phases are:
1. Sporadic forerunners- regular publication.
2. Censorship
3. Prosecution for defamation though direct censorship was
avoided.
• Ancient period the history of media was written by
Europeans. In their historical accounts they referred to
Acta diurna of the Roman Empire. It was closely akin to
the newspaper of today.
• In India, the Rock Edicts of Emperor Ashoka, the Great
(C. 273-236 BC) engraved on rocks contain in
abundance, measures adopted and regulations issued by
Emperor.
• In the times of Ashoka there were no restrictions on
communication imposed by law.
• However, the Arthashastra, written originally in the
reign of Chandragupta Maurya (C. 324-300 BC), by
Kautilya mentions punishments for spreading false
rumours.
• The size of 17th century papers, written in different
hands, was 8 inches by 4½ inches.
• It was by sheer accident that brought printing press
to India on 6th September 1556.
• Granting a request from Emperor of Abyssinia, the
King of Portugal dispatched in 1556 a printing press
and technicians via the cape route. But the Patriarch
accompanying the press halted en route at Goa.
• There was no press regulation until the British East
India Company started ruling a part of India after the
Battle of Plassey in 1757.
• William Bolts, an ex-employee of the British East
India Company attempted to start the first newspaper
in India in 1766 but was deported.
• Later a collection of papers on the affairs of India were
published. These were particularly respecting the State
of Bengal and its dependencies.
• It was published in 1773 by J. Almon, London and was
named as “Considerations on Indian Affairs”, in 2
volumes with maps and survey reports.
• The Indian media was initiated since the late 18th
century with print media’s start in 1780.
• James Augustus Hickey is considered as the father of
Indian Press.
• He started the first newspaper from Calcutta General
Advertise also known as the Bengal Gazette in January
in 1780.
• Three types of newspapers:
1. ‘Dig Darshan’, a monthly Bengali magazine for youth,
2. ‘Samarchar Darpan’, a weekly Bengali and
3. ‘Friend and India’, a monthly in English, have been
noted.
• In 1789, the first newspaper from Bombay, the
Bombay Herald appeared.
• In 1790, Bombay Courier was started.
• The first newspaper in an Indian language was the
Samachar Darpan in Bengali in 1818.
• In the same year, Ganga Kishore Bhattacharya started
publishing another newspaper in Bengali, the Bengali
Gazette.
• The first Gujarati newspaper, the ‘Bombay Samachar’
was published from Bombay.
• Pre-censorship was abolished in 1818.
• James Silk Buckingham who was editor of Calcutta
Journal and Raja Ram Mohan Roy, who was basically a
social and religious reformer, played a significant role in
establishing freedom of the press in India.
• MUNRO’S RECOMMENDATIONS
• The Government of India deputed Sir Thomas Munro
to examine and report on problems of press in India.
• Sir Munro's view was that problem of European press
was not a serious one.
• In case of Indian press, he expressed both his anxiety
and fears.
• According to him, “Though the danger be distant, it is
nevertheless there.
• Press Ordinance Act ,1823
• On 15 April 1823, Press Ordinance Act was passed which
provided for the compulsory registration of press.
• The registration provided that no press was to be
established nor any paper or book as to be printed without
obtaining a licence for that purpose from the Government.
• Licensing Act of 1857
• There was regulation for establishing of printing press and
to restrain in certain cases the circulation of printed books
and papers.
• Press and Registration of Books Act,1867
• To regulate the printing presses and newspapers and also
to preserve copies of books printed in British India and
also the restriction on those books.
• The Act of 1867 is still in force although certain
amendments were made in 1893 and 1940.
• The Dramatic Performances Act,1876
• This Act empowers the Government to prohibit public
dramatic performances which are scandalous, defamatory,
seditions or obscene.
• The Act came into force under the administration of
Viceroy Northbrook.
• The Act outlined the restrictions that public performances
of a play, pantomime or any other drama would have to
adhere to, if a State Government judged any play to be of
scandalous nature; disrupting social values.
• The Indian Telegraphic Act,1885
• The Government had exclusive privilege under this Act in
respect of telegraph and power to grant licenses.
• The definition of telegraph in this Act is very wide as it
later covered all other means of communication depending
on electromagnetic waves, including tele-printer,
telephone, fax, radio and television.
• The Indian National Congress was founded in
December 1885.
• Its formulation was hailed as a major event which
added importance of the Indian Press as a whole.
• Press started publishing extremely confidential and
secret documents.
• Hence, the Government came out with new legislations
titled as the Indian Official Documents and
Information Act, 1889.
• The Act was framed so as to prevent disclosure of official
documents and information.
• The Newspapers (Incitement of offences) Act,
1908
• With Swadeshi Movement and partition of
Bengal by Lord Curzon there was lot of agitation
in the country.
• Consequently, Newspaper (Incitement of
offences) Act, 1908 was passed in June 1908.
• The object of the Act was to put an end to the
existence of those newspapers which contained
any incitement to murder or any offence under
the Explosive Substances Act, 1908 or any Act
of violence.
• The Indian Press Act, 1910
• Its aim was to provide for the better control of the press.
• The Act was directed against offences involving violence as
well as sedition.
• The owners of the printing presses and publishers of
newspapers were subject to very hard measures.
• The Act required security deposit by every person keeping a
printing press.
• The Act provided forfeiture of such deposit in all cases
where the matter contained in the newspaper mentioned
violence or sedition.
• The provisions of forfeiture were attracted when the matter
published in the newspaper had such tendency, directly or
indirectly, whether by influence, suggestions or allusion.
• In 1914, Indian Copyright Act, 1914 was passed,
which was replaced by a comprehensive legislation
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).
 K.A. Abbas v. Union of India
(1970) 2 SCC 780

• The Supreme Court held that censorship in India

has full justification in the field of the exhibition of
cinema films.
• It is in the interest of society.
• The censorship of films including prior restraint is
justified under the constitution.
• It has been almost universally recognized that the
treatment of motion pictures must be different from
that of art & other forms of art and expression.
• The Indian States (Protection Against Disaffection) Act,
1922
• The Act provided punishment of imprisonment upto 5
years for any person editing, printing or publishing
any document which brings into hatred or contempt or
excites disaffection towards any Prince or Chief of a
State in India or the Government or the administration
established in any such State.
• The Official Secrets Act, 1923
• This Act was passed in order to update the existing
provisions of Indian Official Secrets Act of 1889.
• Section 5 of this Act, which affects the press, deals
with “official secrets” and relates to “wrongful
communication of information.”
• Indian Press (Emergency Powers) Act, 1931
• The Act provides punishment where words, signs or
visible representations which :
a) incite to or encourage or tend to or invite the
commission of any offence of murder or any
cognizable offence involving violence or
b) directly or indirectly express approval or
admiration of any such offence of any person,
real or fictitious, who has committed or is
alleged or represented to have committed such
offence.
• The Foreign Relation Act, 1932
• Its object was to penalize publications calculated to interfere with
the maintenance of good relations between His Majesty’s
Governments and friendly foreign states.
• Any book, newspaper or other document containing such specified
defamatory matter which tended to prejudice the maintenance of
friendly relation between His Majesty’s Government and the
Government of such State could be retained in the same manner as
seditious literature.
• The Press Trust of India Ltd., 1948
• The organization took over the supply of news to and from India.
• This was done on the basis of an agreement with the Reuters.
• This agreement enabled the Indian Press to get complete control
over its own internal news supply.
• The Press Trust is a non-profit making concern and membership is
open to all newspapers of India.
• The Press Trust of India has now become independent of the
Reuters.
• Press Laws Inquiry Committee, 1948
• Set up under the chairmanship of Shree Ganganath
Jha.
• The committee was required to gather all the
existing press laws of India and make
recommendations as to what directions in which law
required to be modified.
• Recommendations were as follows:
1. Repeal of the Foreign Relations Act of 1932.
2. Repeal of the Indian States (Protection) Act
of 1934.
• Before taking action against the press under
emergency legislation, Provincial Governments
should invariably consult the Press Advisory
Committee or similar body.
• Section 124-A of Indian Penal Code relating to
sedition should be amended so as to apply only to
acts or words which either incite disorder or are
intended or tend to incite disorder.
• Section 144 of Criminal Procedure Code should not
be applied to the press and separate provisions
should be made, if necessary, for dealing with the
press in urgent cases of apprehended danger.
• The Press (Objectionable Matter) Act, 1951
• New law was directed against the
encouragement of violence or sabotage of
certain other very grave offences and the
publication of scurrilous matter.
• No pre-censorship was imposed on any
newspaper.
• No action was to be taken against any
newspaper unless it actually abused its freedom
by the publication of some objectionable
matter.
 HISTORY OF ELECTRONIC MEDIA
• Electronic media are media that use electronic or
electromechanical energy for the audience to access
the content.
• The primary electronic media include video recording,
audio recording, multimedia presentations, slide
presentation, CD-ROM and online content.
• Most new media are in the form of digital media.
• The birth of electronic media took place with the
invention of radio.
• Then the voice get a face through Television.
Television was a revolution in itself.
• On September 15, 1959, Doordashan was inaugurated
in India.
• With the introduction of cable television in 1993,
electronic media has emerged as a greatest social force
than ever.
• Education, social, political and economics.
 HISTORY OF MEDIA IN UK
• Television, radio, newspapers, magazines and websites
• Strong in Music Industry
• Public Service Broadcaster
• British Broadcasting Corporation (BBC)
• Regional media is covered by local radio, television
and print newspapers. 
• Trinity Mirror operates 240 local and regional
newspapers, as well as national newspapers such as
the Daily Mirror and the Sunday Mirror .
 NEWSPAPERS

• 17th century newsbooks and newspapers is that they are

published at least once a week. Johann Carolus' Relation
aller Fürnemmen und gedenckwürdigen Historien,
published in Strasbourg in 1605, is usually regarded as
the first news periodical.
• First newspaper in the English language was printed in
Rome by Joris Veseler around 1620.
• The Courier
• The Daily Telegraph
• Western Mail
• The Royal Commission on the Press recommended
in 1949 that a General Council of the Press should
be formed to govern the behaviour of the print
media.
• General Council of the Press-1953- Membership
restricted to newspaper editors, funded by
newspaper proprietors.
• The Press Council was a voluntary press
organisation founded under threat of statutory
regulation as the General Council in 1953 with non-
binding regulatory framework.
• The General Council was reformed as the Press
Council in 1962.
• The Press Council was replaced by the Press
Complaints Commission
 HISTORY OF MEDIA IN USA

• From the 1830s onward the penny press began to play a

major role in American journalism and technological
advancements such as the telegraph and faster printing
presses in the 1840s helped expand the press of the nation as
it experienced rapid economic and demographic growth.
• 1900- Major newspapers had become profitable powerhouses
• During the early 20th Century prior to rise of television the
average American read several newspapers per day.
• 1920-Changes in technology again morphed the nature of
American journalism as radio and later television began to
play increasingly important roles.
• Many of the Media are controlled by large for profit corporations who
reap revenue from advertising, subscriptions and sale of copyrighted
material.
• The Telecommunications Act,1996- It aims to deregulate rules-
Concentration of Media ownership and emergence of multinational
media conglomerates.
• Media Cross Ownership- broadcast and cable television, film, radio,
newspaper, magazine, book publishing, music, video games, and
various online entities.
• Following independence, the first article of U.S.
Constitution guaranteed freedom of the press and speech and the
American press grew rapidly following the American Revolution. The
press became a key support element to the country's political parties
but also organized religious institutions.
• The U.S. does not have a national paper. 
• The New York Times, The Wall Street Journal and USA Today are the most
circulated newspapers in the United States and are sold in most U.S. cities.
 CONSTITUTION AND MEDIA

• Freedom of Speech and Expression

• Expression is a matter of liberty and right. The liberty of
thought and right to know are the sources of expression.
• Freedom of expression is more essential in a democratic
setup of State where people are the Sovereign rulers.
• Effective participation of the people in the Government.
• George Bernard Shaw has said that our whole theory of
freedom of speech and opinion for all citizens rests not on
the assumption that everybody was right. But on the certainty
that everybody was wrong on some point on which
somebody else was right, so that there was a public danger in
allowing anybody to go unheard.
 Freedom of Speech and Expression

• To discover the Truth

• Full fledged development of Personality
• Democratic Value
• To ensure Pluralism
• Freedom of Expression is among the foremost of human
rights.
• It is the communication and practical application of
individual freedom of thought.
 Freedom of Speech and Expression

• Article 19 (1)
• Provides that all citizens shall have the right to freedom of
speech and expression, to assemble peaceably and without
arms, to form associations or unions, to move freely
throughout the territory of India, to reside and settle in any
part of the territory of India and to practice any profession or
to carry on any occupation, trade or business.
Freedom of Speech and Expression in OTHER
Countries

1. The 1st and 14th Amendments to the Constitution of United

States.
2. The Common Law of England.
3. Section 40(6)(1) of the Constitution of Eire, 1937.
4. Section 18(1)(e),(f) & (g) of the Constitution of Sri Lanka,
1972.
5. Articles 50 and 51 of the Constitution of the USSR 1977.
6. Section 298 of the Government of India Act, 1935.
 INTERNATIONAL CONVENTIONS
• Article 19 of the Universal Declaration of Human Rights,
1948 declares the freedom of press.
• Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless
of frontiers.
• Article 22 of the International Covenant of Civil and Political
Rights, 1966.
• Article 10 of the European Convention on Human Rights,
1950.
• Articles 6 of the International Covenant on Economic, Social
and Cultural Rights, 1966.
 FREEDOM OF SPEECH AND
EXPRESSION- MEDIA
• Exercise of freedom of expression is essential to
communicate the thoughts, views, ideas, philosophy and
activities.
• In a civilized world, sharing of information and a free flow of
information and ideas are essential.
• Every individual is a medium of expression.
• Media world serves as the best communicator of information
and the best instrument of expression.
• Mr. C. Rajagopalchari, the Governor-General of India,
emphasizing the importance of the Fourth Estate, states as
under: “A Free press is an essential limb of democracy as a
parliament is freely elected by the people or an Independent
Judiciary.”
• The media have the same right no more and no less than any
individual to write, publish, circulate or broadcast.
• The freedom of the Journalist is an ordinary part of the freedom
of the subject and to whatever length the subject in general may
go, so also may the journalist, apart from the statute law, his
privilege is no other and no higher… No privilege attaches to
his position
• The Working Journalists and Other Newspaper Employees
(Conditions of Service) and Miscellaneous Provisions Act,
1955.
• Dr. B.R. Ambedkar, Chairman of Constituent Assembly said:
• The press is merely another way of stating an individual or a
citizen. The press has no special rights which are to be given
or which are not to be exercised by the citizen in his
individual capacity.
 CASES
• Dharan Dutt v. Union of India AIR 2004 SC 1295
• Legislation can only impose reasonable restrictions
on the exercise of the right.
• M.S.M.Sharma v. Sri Krishna Sinha (Searchlight) AIR
1959 SC 395
• A non-citizen running a newspaper is not entitled to
the fundamental right to freedom of speech and
expression and, therefore cannot claim as his
fundamental right, the benefit of liberty of press.
 CASES

• Ramesh Thappar v. State of Madras AIR 1950 SC 124

• Section 9(I-A) Madras Maintenance of Public Order
Act,1949.
• Imposing a ban on the entry and circulation of the
journal.
• Cross Roads, printed and published by the petitioner.
• The Court struck down the above provisions
• Public safety and public order- fell outside the scope of
reasonable restrictions.
• Khushboo v. Kanniammal 2010 5 SCC 600
• Pre-marital sex and Live in relationship
 Bijoe Emmanuel v. State of Kerala
1986 3 SC 615
• Three children belonging to Jehovah’s witnesses were
expelled from the school for refusing to sing the national
anthem, although they stood respectfully when the same was
being sung.
• They challenged the validity of their expulsion before the
Kerala High Court which upheld the expulsion as valid and
on the ground that it was their fundamental duty to sing the
national anthem.
• On appeal, the Supreme Court held that the students did
not commit any offence under the Prevention of Insults to
National Honour Act, 1971.
• Also, there was no law under which their fundamental right
under Article 19(1)(a) could be curtailed.
 Kanhaiya Kumar v. State of NCT of Delhi
P. (CRL)558/2016
• The students of Jawaharlal Nehru University organized
an event on the Parliament attack convict Afzal Guru,
who was hanged in 2013.
• The event was a protest through poetry, art, and music
against the judicial killing of Afzal Guru.
• Allegations were made that the students in the protest
were heard shouting anti-Indian slogans.
• A case therefore filed against several students on charges
of offence under Sections [124-A, 120-B, and 34] .
• The University’s Students Union president Kanhaiya
Kumar was arrested after allegations of ‘anti-national’
sloganeering were made against him.
 In re, Ramlila Maidan (2012) 5 SCC1

• The freedom of speech and expression is regarded as the first

condition of liberty.
• It is the mother of all other liberties
• It is a Human Right and is a Natural Right.
• It plays an important role in the formation of public opinion
on social, political and economic matters.
 People Union for Civil Liberties v. Union of India
AIR 1997 SC 568
• In this case, public interest litigation (PIL) was filed under Article
32 of the Indian Constitution by PUCL, against the frequent cases of
telephone tapping.
• Phone tapping means secretly listening or recording a
communication in telephone in order to get information about
others activities. 
• Home Ministry
• Prior Permission
• The validity of Section 5(2) of The Indian Telegraph Act, 1885 was
challenged.
• It was observed that “occurrence of public emergency” and “in the
interest of public safety” is the sine qua non for the application of the
provisions of Section 5(2).
• If any of these two conditions are not present, the government has no
right to exercise its power under the said section.
 R.M. Malkani v. State of Maharashtra

• Revolved around the question of whether criminal

prosecution could be initiated against a person on the
basis of certain incriminating portions of a telephone
conversation that he had with another individual.
• In the case, the Appellant was the Coroner of Mumbai
and was trying to obtain illegal gratification of Rs.
15,000 from an honest doctor from whom he planned to
implicate in a case involving the negligent death of a
patient.
• This doctor was not interested in paying the bribe and
instead contacted the Anti-Corruption Bureau of the
Police. 
 Bennet Coleman and Co. v. Union of India
AIR 1973 SC 106
• In this case, the validity of the Newsprint Control Order
was challenged.
• The Order fixed the maximum number of pages which a
newspaper could publish, and this was said to be
violative of Article 19(1)(a) of the Indian Constitution.
• The government raised the contention that fixing the
newsprint would help in the growth of small newspapers
as well as prevent monopoly in the trade. 
 Contd..
• The Court held the newsprint policy to be an unreasonable restriction, and
observed that the policy abridged the petitioner’s right of freedom of speech
and expression.
• The Court also held that the fixation of page limit will have a twofold effect-
first, it will deprive the petitioners of their economic viability, and second, it
will restrict the freedom of expression as compulsorily reducing the page
limit will lead to reduction of circulation and area of coverage for news and
views.
• The Supreme Court widened the scope and extent of the right to freedom of
speech and expression and held that the government has no monopoly on
electronic media and a citizen has under Art. 19(1)(a) a right to telecast and
broadcast to the viewers/listeners through electronic media television and
radio any important event.
• The government can impose restrictions on such a right only on grounds
specified in clause (2) of Art. 19 and not on any other ground. A citizen has
fundamental right to use the best means of imparting and receiving
communication and as such have an access to telecasting for the purpose.
 Sakal Papers (P) Ltd v. Union of India
AIR 1962 SC 305
• The Supreme Court held that the State Could not make laws
which directly affects the circulation of a newspaper for that
would amount to a violation of the freedom of speech.
• The right under Article 19(1)(a) extends not only to the
matter which the citizen is entitled to circulate but also to the
volume of circulation.
• Government policy for restriction of number of pages a
newspaper was entitled to print.
 LIC V. Manubhai D. Shah
AIR 1991 SC 171
• Freedom of speech and expression must be broadly
construed.
• Word of mouth or in writing, or through audio visual
media.
• The court held that any attempt to deny the right to
circulation and propagation of ideas must be
frowned upon, unless it falls within the mischief of
Article 19(2).
 Kedar Nath Singh v. State of Bihar
AIR 1962 SC 955
• Constitutional validity of Section 124A and 505 of
IPC.
• Penalize for excite disaffection towards the government
by words or in writing and publications which may disturb
public tranquility.
• NOT for the criticism of public measures or comment
of government action.
 Directorate General of Doordarshan v. Anand
Patwardhan
AIR 2006 SC 3346
• The Supreme Court held that the State cannot
prevent open discussion, no matter how hateful to its
policies.
 Right to Portray Social Evil

• The freedom of expression envisages not merely the

depiction of social good but extends to the portrayal of social
vices.
• Anand Patwardhan (2006) 8 SCC 433
• Doordarshan had refused to telecast an award-winning
film based on the evils communal violence.
• Documentary Film- Father, Son and Holy War
• Communal riots, caste and class issues and violence
against women.
 K.A. Abbas v. Union of India
AIR 1971 SC 4481
• The court held that the depiction of social evils as severe as
rape, prostitution and the like cannot be censored.
• Rather what has to be seen is how the theme is handled by
the film maker.
 Bobby Art International v. Om Pal Singh Hoon
AIR 1996 SC 1846

• Censor of scenes of frontal nudity showing Phoolan

Devi.
• It focuses on the trauma and emotional turmoil of
the victim to evoke sympathy for her and disgust for
the rapist.
 Right to Portray Historical Events

• F.A. Picture International (AIR 2005 Bom. 15)

• Violence which took place in State of Gujarat
• Preventing the exhibition of Film.
• Critical appraisal is the cornerstone of democracy and the
power of the film as a medium of expression lies in its
ability to contribute to that appraisal.
 Srishti School of Arts, Design and Technology
2011 (46) PTC 221

• The Delhi High Court struck down excisions of the film.

• Had carried out by the Central Board of Film Certification.
• It recounts the demolition of the Babri Masjid.
• The Court upheld the right of the film maker to portray a
historical events, even if it distorts the state version of
reality.
 Maneka Gandhi v. Union of India
AIR 1978 SC 597
• Whether Indian Citizens right to freedom of speech and
expression extends beyond the geographical limits of India ?
• The freedom of speech and expression was not confined to
national boundaries and a citizen had the right to exercise
that right aboard.
 Right of the Press to conduct interviews

• Prabha Dutt v. Union of India (AIR 1982 SC 6).

• The petitioner was seeking to interview the condemned
prisoners Billa and Ranga.
• Prisoners consent.
• No obligation on the part of the citizen to supply
information.
• Rule 549(4) of the Manual for the Superintendence and
Management of Jail.
• Which allows every prisoner sentenced to death to give
interviews, engage in communications with relations, legal
advisors as the jail superintendent considers reasonable.
 Court Proceedings

• Justice must not only be done but it must be seen to be done.

• Naresh Shridhar Mirajkar v. State of Maharashtra (AIR 1967
SC 1).
• Inherent powers of the Court.
• Name of the rape victim.
• Section 228A of IPC
• Sahara India Real Estate Corp. Ltd v. SEBI (AIR 2012 SC
3829).
• While there was a presumption in favour of open justice and
the media’s right to report cases, in exceptional cases, the
superior court had the power to postpone reportage for a
limited duration in the interest of justice.
• Order of postponement would be subject to necessity.
 Legislative Proceedings

• Reports of the Parliament and the State Assemblies stems

from the public’s right to be informed about the debate and
deliberations
• Art.361-A of the Constitution
• Reporting without untainted by malice.
• S.3 and S.4- Parliamentary Proceedings (Protection of
Publication) Act, 1977.
 Tej Kiran Jain v. N.Sanjiva Reddy
AIR 1970 SC 1573
• People’s Representative should be free to express
themselves without fear of legal consequences.
• Control of proceedings by the Speaker.
• Immunity from proceedings, Right of House to punish
members for their conduct in Parliament.
• The right to decline permission for taking of evidence in
courts of law of proceedings in Parliament.
 Right to Broadcast

• Ministry of Information and Broadcasting, Govt of India

v. Cricket Assn. of Bengal (AIR 1995 SC 1236).
• Broadcasting is a means of communication
• Rights of Cricket Association to grant telecast rights
to an agency of its choice.
• Right to entertain or to be entertained- Article 19(1)
(a).
• Disseminate Information
 Right to Vote

• PUCL V. Union of India (AIR 2003 SC 2363).

• A voter exercise his freedom of expression under
Art.19(1)(a).
• Kuldip Nayar v. Union of India (AIR 2006 SC 3127).
• The Representation of People’s Act, 1951 deleting
requirement for a candidate seeking election to the Rajya
Sabha to be domiciled in the State from which he seeks
election.
 Right to Fly the National Flag

• Union of India v. Naveen Jindal (AIR 2004 SC 1559).

• Being an Expression of the citizen’s allegiance to and love
for his nation.
• The Emblems and Names (Prevention of Improper Use)
Act,1950
• The Prevention of Insults to National Honours Act,1971.
 Right to Advertise

• In Tata Press Ltd. (AIR 1995 SC 2438)

• Advertising is considered to be the cornerstone of our
economic system.
• Hindustan Times v. State of UP (AIR 2003 SC 250)
• It reiterated the importance of advertising and its impact
on the circulation of a paper.
• Advertisement in news papers play an important role in
generating revenue.
 Right to Freedom of Speech and Expression
and Internet
• Communication
• Source of information
• The right to information has been judicially recognized to be
part of the right to freedom of speech and expression under
Article 19(1)(a).
• The internet has become an engine for rampant piracy of
copyrighted music, for pornography and obscenity, for
defamation, for hate speech and for terrorist planning and
propaganda.
 Instances

• In 2012, trailer of film, Innocence of Muslims went viral on

you tube- Violence in different parts of the world.
• Facebook post perceived to be insulting of the Quran led to
the destruction in Bangladesh of Buddhist temple.
• Sec.66 A of the IT Act was challenged – Death of Shiv Sena
Leader, Bal Thackeray
ISSUES ON FREEDOM OF SPEECH AND
MEDIA
• 2003- Jayalalitha Government against Hindu News Paper
• NDA Government against Tehelka in 2003
• Indian Express-During Rajiv Gandhi time
• There are issues like Individual privacy, technology,
intellectual property, obscenity and morality.
 MORALITY AND OBSCENITY

• Chandrakant Kalyandas Kadodkar v. State of Maharashtra

(AIR 1970 SC 1390)
• Morality- notions will vary from country to country.
• Cultural diverse.
• Ajay Goswami v. UOI (AIR 2007 SC 493)
• Obscenity is used to describe expressions (word, images and
action).
• Samaresh Bose v. Amal Mitra (AIR 1986 SC 967)
• There is a distinction between obscenity and vulgarity.
• A vulgar writing is not necessarily obscene.
• Vulgarity arouse a feeling of disgust.
• Obscene-corrupt for immoral influence.
Maqbool Fida Husain v. Raj Kumar Panday
(2008 Cri Lj 4107)
• Criminal complaint-artist Hussain-for having depicted
bharatmata
• Hindu temple- Defence
• It was in the air in different forms
• There was a painting, sculpture, poetry, dance and many
more.
 MORALITY AND CENSORSHIP
• Art.19(2) of the Constitution of India
• S.292-294 of IPC.
• Sec.5-B of Cinematography Act,1952.
• Certification of Film by Censor Board if it against the interest of the
morality and decency.
• Ss.3 and 6 of the Dramatic Performance Act,1876.
• Government-prohibit public performance.
• The Post office Act,1898 prohibits the transmission by post, of any
material on the grounds of decency or obscenity.
• The Indecent Representation of Women (Prohibition) Act,1986
• Indecent representation of women through advertisement or
other publications, writing and painting.
• The Young Persons (Harmful Publications) Act,1956 –publication
which corrupt a child or young persons and incite to commit crimes
of violence or cruelty.
• The Information Technology Act,2000
• Sec.67-B of IT Act.
• Publication of text, images.
• Pratibha Naitthani v. Union of India (WP.No.1232 of 2004)
• The Cable Television Networks (Regulation) Act,1995 prohibits the
telecast of programmes on cable television.
 MORALITY AND OBSCENITY
• Directorate General of Doordarshan v. Anand Patwardhan (AIR 2006 SC
334).
• The publication must be judged as a whole and the offending passages
should also separately be examined so as to judge whether passages are as
grossly obscene as are likely to deprave and corrupt.
• Correct approach to be taken here is to look at the documentary film as a
whole and not in bits.
• Shankar v. State of Tamil Nadu [(1994) 4 SCC 478].
• The Supreme Court lamented the impact of television and films on young
minds and the growth of crime as a consequences of the depiction of
obscenity.
• November-2010 the Ministry of Information and Broadcasting- Bigg Boss 4
was against good taste and decency.
• Bobby Art International v. Om Pal Singh Hoon (Bandit Queen)
• The Supreme Court drew a distinction between nudity and obscenity.
• Crime Scene in Movie- Justification.
 MEDIA AND ETHICS

• Media ethics involves promoting and defending values such

as a universal respect for life and the rule of law and legality.
• Privacy, Censorship, access to information, copyright and
fair use.
• Honesty and Fairness.
• Duty to distinguish between fact and opinion.
• The sole aim of journalism should be service.
 Media Ethics

1. Right and Wrong

2. Seek truth and report it
3. Minimize harm
4. Act independently
5. Be accountable and transparent
 RIGHT TO PRIVACY

• The right to freedom of speech and expression and the right

to privacy are two sides of the same coin.
• One person’s right to know and be informed may violate
another’s right to be left alone.
• Private life into Public domain
• Sharda v. Dharmpal
• The SC has defined privacy as “the state of being free
from intrusion or disturbance in one’s private life or
affairs”.
 The Right to Privacy

• Film personalities • Personal Information

• Politicians • Banks
• Business persons • Income tax departments
• Media personalities • Insurance Agencies
• Professionals • Marriage Bureaus
• Airlines
• Hotels
 Art. 12- UDHR

• Art.12 of the Universal Declaration of Human Rights

• No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honour and reputation.
• Everyone has the right to the protection of the law against
such interference or attacks.
• Article 17 of the International Covenant on Civil and Political
Rights,1966.
• Article 8 of the European Convention on Human Rights,1950.
• There shall be no interference by a public authority with the
exercise of this right, except such as is in the accordance
with law
 RIGHT TO PRIVACY IN INDIA

1. COMMON LAW
• Private action of damages for unlawful invasion of
privacy is maintainable.
2. CONSTITUTIONAL LAW
• The printer or publisher of journal, magazine or book are
liable in damage, if they publish any matter concerning
the private life of the individual, which would include his
family, marriage, education without his consent.
 CASES
• M.P Sharma v. Satish Chandra [(1954) 1 SCR 1077]
• HELD: That right to privacy is not a fundamental right
under the constitution.
• Kharak Singh v. State of UP (AIR 1963 SC 1295)
• Gobind v. State of M.P (AIR 1975 SC 1378)
• People Union for Civil Liberties v. Union of India (AIR 2004
SC 456)
• POTA-2002
• Challenged Section 14 of the Act which mandates the
disclosure of information to the police by ordinary person,
is a violation of the right to privacy.
• It was held that privacy is not an absolute right. It is
subservient to the security of the state.
 Privacy and Right to Information

• Peoples’ Union for Civil Liberties v. Union of India (AIR

2003 SC 2363).
• The Supreme Court held that electoral candidates were
under a duty to disclose information about their
antecedents, including about their assets and liabilities,
and could not be protected by any right to privacy when it
came to disclosing information, which the public had a
right to know.
 Privacy on the Internet

• Information Technology (Reasonable Security Practices and

Procedures and Sensitive Personal Data or Information)
Rules, 2011.
• Limitations on how business can handle personal
information.
• These rules makes it necessary for organisations to notify
individuals when their personal information is collected
via letter , fax or email.