Journalism and Mass

Communication
Unit 5
 Difference between criminal law and law of
torts
• The word tort originates from the French language.
• It is equivalent to the English word “wrong”.

• According to Fraser, A tort is an infringement of a right in rent

of a private individual giving a right of compensation at the suit
of the injured party.
• For example, if someone whose religion does not allow
him/her to eat non-vegetarian food, still eats it then
he/she will be morally wrong but not legally wrong. And if
a person whose religion doesn’t allow him or her to eat
non-vegetarian and he or she strictly follows that religion
is forcefully fed by someone then it is a legal wrong on the
part of the person forcing the other one to eat that food
which he or she does not want to eat.
 What is OSA?
• The Official Secrets Act of 1923 is India's anti-espionage. It states that
actions which involve helping an enemy state against India are strongly
condemned. It also states that one cannot approach, inspect, or even pass
over a prohibited government site or area.

• If any person acts in contravention of the provisions of this section, he

shall be punishable with imprisonment which may extend to 4[three
years], or with fine, or with both.
 SEDITION
• India's sedition law, section 124A of the Indian Penal Code, is absurdly broad, making
it a criminal offense to “bring, or attempt to bring, into hatred or contempt, or excite
disaffection towards, the Government.” “Disaffection” is defined to include “disloyalty
and all feelings of enmity.”

• Sedition is punishable under Section 124A of the Indian Penal Code. It is not a
punishable offence. The penalty under Section 124A can vary from a three-year jail
sentence to a life sentence, plus a fine. During the British Raj, the Indian Penal Code
was enacted in 1860.
 OBSCENITY
• Whoever, to the annoyance of others; (a) Does any obscene act in any public place, or. (b) Sings,
recites or utters any obscene song, ballad or words, in or near any public place, Shall be punished
with imprisonment of either description for a term which may extend to three months, or with fine,
or with both.
• The emphasis in the Obscene Act of 1961 was on the effect of the offending article on its buyers
or audience. This is the concept of “relative obscenity”. According to this concept, an article
cannot be inherently obscene. It will only be obscene judging by its effects on its likely customers.
• (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be
punished with imprisonment of either description for a term which may extend to three
months, or with fine, or with both.
 Copyright act, 1957
• The Copyright Act, 1957 protects original literary, dramatic, musical and
artistic works and cinematograph films and sound recordings from
unauthorized uses. Unlike the case with patents, copyright protects the
expressions and not the ideas.

• The minimum punishment for infringement of copyright is imprisonment for six

months with the minimum fine of Rs. 50,000/-. In the case of a second and
subsequent conviction the minimum punishment is imprisonment for one year and
fine of Rs. one lakh.
 RTI ACT
• Enacted by: Parliament of India Enacted: 15-June-2005
• Right to Information (RTI) is act of the Parliament of India to provide for
setting out the practical regime of the right to information for citizens and
replaces the Previous Freedom of information Act, 2002.
• Under the provisions of the Act, any citizen of India may request
information from a "public authority" (a body of Government or
"instrumentality of State") which is required to reply immediately or
within thirty days.
 EXEMPTIONS FROM DISCLOSURE OF
INFORMATION
• Sovereignty and Integrity Of India
• Prevented by courts
• Breach of privilege of Parliament
• Trade secret, Intellectual property
• Fiduciary relationship
• Information received from foreign Government
• Life and physical safety of any person
• Issues under investigation
• Cabinet papers
• Invasion in privacy
 Confidentiality of sources
• Many journalists say that confidential sources are an essential tool in the search to
uncover information of great public interest.
• The law in India is in a risky state on a vital aspect of freedom of the press: the lack of
statutory protection of a journalist's sources.
• The fundamental right to freedom of speech and expression includes press freedom.
• This covers an entire process from newsgathering, editorial judgement, publication and
distribution of printed matter.
• It is a reporter's need and duty to protect the identity of the source of his information or
else vital information of concern to the people in a democracy would be suppressed.
• Though Section 15(2) of the Press Council of India Act does protect the journalist from
revealing his sources it is only applicable to proceedings in front of the Press Council.
• No protection is available to the journalists before the Court.
 Cyber law
• Cyber Law also called IT Law is the law regarding Information-technology
including computers and the internet.
• It is related to legal informatics and supervises the digital circulation of
information, software, information security, and e-commerce. 
• Importance of Cyber Law: 
1. It covers all transactions over the internet. 
2. It keeps eye on all activities over the internet. 
3. It touches every action and every reaction in cyberspace. 
 Intellectual Property Rights
• refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce.
• IP is protected in law by, for example, Patents, Trademarks, Copyrights,
which enable people to earn recognition from what they invent or
create.
 INTELLECTUAL PROPERTY
RIGHTS

INDUSTRIAL PROPERTY COPYRIGHT

PATENT

TRADEMARK
• A patent is an exclusive right granted for an invention, which is a
product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem.

• A trademark is a sign capable of distinguishing the goods or services

of one enterprise from those of other enterprises.
• A trademark helps consumers to identify and choose between
products/services based on their reputation and quality.
• Coca-Cola registered since 1887 Nike registered since 1971 
  Broadcast Bill
• In May 1997, the Broadcasting Bill was introduced in parliament.
• The bill makes it mandatory for all channels whether Indian or foreign
to transmit their programs from Indian territory.
• Licenses for satellite channels will be granted only to Indian companies
and they would be allowed up to 49% foreign equity
• No foreign equity for terrestrial channels would be allowed
• The bill bans cross-media ownership and foreign ownership
• No advertising agencies, religious bodies, political parties or publicly
funded bodies will be granted a license to own a Television company
 The Cinematograph Act, 1952
• The Cinematograph Act, 1952 is an Act to make provision for the certification of
cinematograph films for exhibition and for regulating exhibitions by means of
cinematographs.
• The Act states that a film will not be certified if any part of the film is:
• Against India’s sovereignty and integrity
• Against the State’s security
• Against friendly relations with foreign nations
• Against public order
• Against decency
• Involves defamation or contempt of court
• Likely to incite the commission of any offence
 CONTEMPT OF COURT
• Lowering down the prestige of court
• Defined under section 2 of Contempt of Court Act 1971
• 2 types- civil & criminal
• Civil- willful disobedience
• Criminal- publishing/scandalizing act against court
• Punishment- prison up to 6 months
• Exemption- apology
 The Working Journalists and other Newspaper Employees
(Conditions of Service and Miscellaneous Provisions) Act, 1955

• It lays down the minimum standards of service conditions for

newspaper employees and journalists.
• The Working Journalists (Conditions of Service) and
Miscellaneous Provisions Act, 1955, inter alia, empowers the
Central Government to fix and revise from time to time rates of
wages in respect of working journalists and to constitute a Wage
Board for the purpose of fixing or revising such rates.
• Leave
• Wages
• Gratuity payment
• Special provisions in respect of certain cases of retrenchment
• Hours of work
• Revision of wages
 Prasar Bharati (Broadcasting Corporation
of India) Act, 1990

• The Act grants autonomy to All India Radio and

to Doordarshan, both of which were previously under
government control.
• The Act received the assent of the President of India on 12
September 1990 after being unanimously passed by Parliament.
• It was finally implemented in November 1997.
• Section 12(3)(a) mandates that Prasar Bharati ensure that “broadcasting
is conducted as a public service.”

• Section 12(3)(b) reinforces that the purpose of establishing the

corporation is to gather news, not propaganda.

• Section 3 of the Act deals with the establishment and composition of the
corporation.
 The Board shall consist:
• Chairman;
• One Executive member;
• One member (Finance);
• One member (Personnel);
• Six Part-time members;
• Director-General (Akashvani), ex Officio;
• Director-General (Doordarshan), ex officio;
• One representative of the Union Ministry of Information and Broadcasting (India), to be nominated by that ministry
and;
• Two representatives of the employees of the corporation.
 Functions of the Act

• To provide the autonomy to Akashvani and Doordarshan, so that to ensure the function in a fair, objective
and creative manner.
• To uphold the unity and integrity of the country.
• To maintain the democratic and social values which are enshrined in the constitution.
• To look after the safeguarding of the citizen’s right to be informed freely, truthfully and objectively.
• To spread literacy, agriculture, rural development, health, family welfare, environment, science and
technology.
• To encourage healthy competition and spirit of sportsmanship by providing adequate coverage to sports
and games.
• To promote cultures and languages of the various regions by broadcasting many programmes.
• To provide special needs of the youth always organize special programmes.
• To remove the problems of women, pay special attention to the upliftment of the
women.
• To take special steps for the protection of the children, the aged, the blind, the
handicapped and other vulnerable section.
• To protect the rights of working classes and advancing their welfare.
• To provide the suitable programmes for the needs of the minorities and tribal
communities.
• To promote national integration that will maintain the community language of the
nation.
• To promote research and development activities of radio broadcast and television
broadcast technology.
Cable T.V. Networks(regulation)Act of 1995

•  The Act aimed at regulating content and operation of cable networks.

• This was due to the availability of signals from foreign television
networks via satellite communication.
• The access to foreign television networks was considered to be a “cultural
invasion” as these channels portrayed western culture. 
 The Act is divided into five chapters.
• The first chapter discusses the scope and extent of the Act and meaning of the
terms used in the Act.
• The second chapter deals with "Regulation of Cable Television Network".
• The third chapter relates to "Seizure and Confiscation of certain Equipments".
• The fourth chapter focuses on "Offences and Penalties".
• The fifth chapter covers other miscellaneous provisions.
• Section 5- Any person who is operating or desires to operate a cable network
may apply for registration to the registering authority.
• Section 4A was inserted into the Act by the TRAI (Amendment) Act, 2002.
Section 4A deals with "transmission of programmes through addressable
system".  
• Section 11 gives power to the authorized government authority to seize any
cable operator’s equipment, if such officer has reason to believe that the
cable operator is using the equipment without proper registration.
• Sections 16, 17 and 18 of the Act deal with offences under the Act. They lay
down punishments for any act which is in contravention with the provisions
of the Act.
• The Act also gives power to the authorized officer to prohibit the
transmission of certain programmes in public interest under section
19 of the Act.
• Under section 20 of the Act, the Central Government in public
interest may prohibit the operation cable television network.