UNIT 1

CONSTITUTION OF INDIA
The Constitution of India is the supreme law of India. The Document lays
down the framework:
Fundamental political code, Structure, Procedures, Powers, and Duties of
Government Institutions and Sets out Fundamental Rights, Directive
Principles, and the Duties of Citizens.
It is the longest written constitution of any country on earth. B. R. Ambedkar,
chairman of the drafting committee, is widely considered to be its chief
architect.
It was adopted by the Constituent Assembly of India on 26 November 1949
and became effective on 26 January 1950. The constitution replaced
the Government of India Act 1935 as the country's fundamental governing
document
India celebrates its constitution on 26 January as Republic Day.
The constitution declares India a sovereign, socialist, secular,
democratic republic, assuring its citizens justice, equality and liberty, and
endeavours to promote fraternity.
The words "secular" and "socialist" were added to the preamble in 1976
during the Emergency.
The original 1950 constitution is preserved in a helium-filled case at
the Parliament House in New Delhi.

1.1 SALIENT FEATURES

Constitution of India is unique in itself. Many features of the Indian
Constitution are from various sources among the world also criticised as
‘borrowed constitution’. Actually, many features borrowed were not
accepted as it is, those provisions were modified according to our Indian
need. The main features of Indian Constitution are:
1. A written and lengthy constitution:
The constitution of India is a written constitution with 395 Articles and 12
Schedules and it is the lengthiest constitution in the world.
2. Sovereign, Socialist, Secular, Democratic, Republic:
The constitution declares India to be a sovereign, socialist secular,
democratic, republic.
Sovereign:
Sovereign means absolutely independent. It is not under the control of any
other state and it can frame its policy without any outside interference.
Socialist:
This implies a system which will endeavour to avoid concentration of wealth
in a few hands and will assure its equitable distribution and believes in
economic justice to all its citizens.
Secular:
There is no state religion in India. Every citizen is free to follow and practice
the religion of his/her own choice. The state canoot discriminate among its
citizens on the basis of religion.
Democratic:
Means the power of the government is vested in the hands of the people.
People exercise this power through their elected representatives who, in
turn are responsible to them. All the citizens enjoy equal political rights.

Republic:
Means that the head of the state is not a hereditary monarch but a president
who is indirectly elected by the people for a definite period.

3. Federal Government:
The Indian Constitution provides for a federal form of government, with two
governments at the central level and the state level. The powers of the
government are divided between the central government and state
governments with three different lists of subjects:
Union List: The Union list contains 97 subjects of national importance like
Defence, Foreign Affairs, Currency, Post, Railways etc, where only
Parliament can make laws.
State List: State list contains 66 subjects of local importance include
agriculture, police, jails and etc., where state legislature makes laws.
Concurrent List: Concurrent list contains 7 subjects common concern to
both the central and state governments includes marriage, divorce, social
security and etc., where both parliament and state legislatures can make law.
If there is a conflict between a central law and the state law over a subject
given in the concurrent list, the central law will be final.

4. Parliamentary Government:
Indian Constitution provides for a parliamentary form of government.
President is nominal head of the state. In actual practice, the government is
run by the Prime minister and other members of the Council of Minister. The
Council of Ministers is collectively responsible to the parliament.

5. Fundamental Rights and Duties:

The constitution of India guarantees six fundamental rights to every citizen.
These are:
i) Right to Equality
ii) Right to Freedom
ii) Right against Exploitation.
iv) Right to Freedom of Religion
v) Cultural and Educational Rights.
vi) Right to Constitutional Remedies
By the 42nd Amendment of the constitution, ten fundamental duties of
citizens have also been added.

6. Directive Principles of State Policy:

The Directive Principles of State Policy are listed in Part Four of the
Constitution. All the governments the central state and local are expected to
frame their policies in accordance with these principles. The aim of these
principles is to establish a welfare state in Indian.
7. Partly rigid and partly flexible:
The Indian Constitution is partly rigid and partly flexible, because for the
purpose of amendment, the constitution has been divided into three parts.
a) Certain provisions of the constitution can be amended by a simple
majority in the parliament.
b) Certain provisions can be amended by a two-third majority of the
parliament and its ratification by at least fifty percent sales
c) The remaining provisions can be amended by the Parliament by two-third
majority.
8. Single Citizenship:
The constitution of India provides single citizenship for every Indian,
irrespective of his place of birth or residence, is a citizen of India.
9. Universe Adult Franchise:
Means that every citizen who is 18 years of age or more is entitled to cast
his/her vote irrespective of his caste, creed, sex, religion or place of birth.
10. Language policy:
India is a country where different languages are spoken in various parts of
the country and Hindi and English have been made official languages of the
central government. A state can adopt the language spoken by its people in
that state also as its official language. At present, we have 22 languages
which have been recognized by the Indian Constitution.
11. Special provisions for Scheduled Castes and Scheduled Tribes:
The constitution provides certain special concessions and privileges to the
members of these castes. Seats have been reserved for them in Parliament,
State Legislature and Local bodies, all government services and in all
professional colleges.
12. Independent Judiciary:
In Indian Constitution, the judiciary has been made independent of the
Executive as well as the Legislature, the judges give impartial justice.
13. Emergency Provisions:
The Constitution contains certain emergency provisions that there could be
certain dangerous situations when government could not be run as in
ordinary time. Hence, during emergency the fundamental right of the
citizens can be suspended and the government becomes a unitary one.

1.2 Preamble:
We the people of India having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure
all its citizens:
JUSTICE - social, economic and political
LIBERTY of thought, expression, belief, faith and worship
EQUALITY of status and opportunity
and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and
integrity of the nation
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do hereby ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

1.3 FUNDAMENTAL RIGHTS:

The Fundamental Rights in Indian Constitution acts as a guarantee that all
Indian citizens can and will live their life in peace as long as they live in
Indian democracy. The Fundamental right in India are:
1. Right to Equality:
Article 14: Equality before law and equal protection of law.
Article 15: Prohibition of discrimination on grounds only of religion, race,
caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 17: End of Untouchability
Article 18: Abolition of titles, Military and academic distinctions are,
however exempted.

2. Right to Freedom:
Article 19: It guarantees the citizens of India the following six fundamental
freedoms: -
• Freedom of Speech and Expression
• Freedom of Assembly
• Freedom to form Associations
• Freedom of Movement
• Freedom of Residence and Settlement
• Freedom of Profession, Occupation, Trade and Business
Article 20: Protection in respect of conviction for offences.
Article 21: Protection of Life and Personal Liberty
Article 22: Protection against arrest and detention in certain cases.

3. Right against Exploitation

Article 23: Traffic in human beings prohibited
Article 24: No child below the age of 14 can be employed.

4. Right to Freedom of Religion

Article 25: Freedom of conscience and free profession, practice and
propagation of religion.
Article 26: Freedom to manage religious affairs
Article 27: Prohibits taxes on religious grounds
Article 28: Freedom as to attendance at religious ceremonies in certain
educational institutions

5. Cultural and Educational Rights:

Article 29: Protection of Interests of minorities
Article 30: Right to minorities to establish and administer educational
institutions.
Article 31: Omitted by the 44th Amendment Act

6. Right to Constitutional Remedies:

Article 32: The right to move the Supreme Court in case of their violation
(called Soul and Heart of the Constitution by Dr B R Ambedkar)
Forms of Writ Check
Habeas Corpus: Equality before law and equal protection of law.

Originally, the right to property was also included in the Fundamental

Rights, however the 44th Amendment passed in 1978, revised the status of
property rights by stating that “No person shall be deprived of his property
save by authority of law.

1.4 Fundamental Duties:

Originally, the Constitution of India did not contain these duties. The 42nd
Constitution Amendment Act, 1976 has incorporated ten Fundamental
Duties in Article 51(A) of the constitution of India. The 86th Constitution
Amendment Act, 2002 has added one more Fundamental Duty in Article
51(A) of the constitution of India. As a result, there are now 11 Fundamental
Duties of the citizen of India. The 11 Fundamental Duties of every citizen of
India are:
1. To stand by the Constitution and respect the National Flag and the
National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle
for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India
4. To defend the country and render national service when called upon to do
so
5. To promote harmony and the spirit of common brotherhood amongst all
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes,
rivers and wild life and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and
reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective
activity, so that the nation constantly rises to higher levels of Endeavour and
achievement.
11. To provide opportunities for education by the parent/the guardian, to
his/her child, or a ward between the ages of 6-14 years as the case may be.

The above duties tell that they are applicable only to Indian citizens. It is
expected that a citizen of India while enjoying the fundamental rights, should
also perform these duties. Although there is no provision in the constitution
for direct enforcement of any of these duties, these duties are guided by the
courts.
1.5 Freedom of Speech and Expression, its Limitations:

The right to freedom of expression is crucial in a democracy, information and

ideas helps to inform political debate and are essential to public
accountability and transparency in government.
Article 19 gives everyone the right to freedom of expression, which includes
the freedom to hold opinions and to receive and impart information and
ideas without state interference.

This includes the right to communicate and to express oneself in any

medium, including through words, pictures, images and actions (including
public protest and demonstrations).

The types of expression protected includes:

• Political expression (including comment on matters of general public
interest)
• Artistic expression
• Commercial expression, particularly when it also raises matters of
legitimate public debate and concern.

Limitations:
Article 19 is a qualified right and as such the right to freedom of expression
may be limited.
• Is prescribed by law
• Is necessary and proportionate and pursues a legitimate aim, namely
the interests of national security, territorial integrity or public safety
• The prevention of disorder or crime
• The protection of health or morals
• The protection of the reputation or rights of others
• Preventing the disclosure of information received in confidence or
• Maintaining the authority and impartiality of the judiciary
1.6 Directive Principles of State Policy:

The Constitution lays down certain Directive Principles of State Policy which
thought not justiciable, are ‘fundamental in governance of the country’ and
it is the duty of the state to apply these principles in making laws.
The directive principles are contained in the Article 41 in Part IV of the
Indian Constitution reads, “The State shall, within the limits of its economic
capacity and development, make effective provision for securing the right to
work, to education and to public assistance in cases of unemployment, old
age, sickness and disablement and in other cases of undeserved want”

1. Equitable distribution of wealth or the socialist pattern of society and

equal pay for equal work for both men and women.
2. Provision of adequate (tolerable) means of livelihood to all its citizens,
men and women.
3. Provision of employment to all.
4. Free and compulsory education for children.
5. Live wage for workers.
6. Protection of childhood and youth against exploitation and against
exploitation and against moral and natural abandonment.
7. Organization of village panchayats as units of self-government (Article
40).
8. Prohibition of the consumption except for medical purposes of
intoxicating drinks and of drugs injurious to health.
9. Organization of agriculture and animal husbandry on modern and
scientific lines.
10. Promotion of international peace and security and maintenance of just
and honourable relations between the nations of the world.
1.7 Features of Article (19) (A):

Freedom of speech and expression Is a vital feature that a democracy runs

with. For any democracy to succeed, people must be given the liberty to
express their feeling without restriction. This very important feature of the
freedom of speech and expression is enshrined to the Indian citizens by
Article 19(1)(a) of the constitution of India.

This article states that all citizens irrespective of colour, creed and religion
have the right to raise their voice in matters of importance or otherwise
without any restriction within or without. The freedom comes in for the
assumption that rationality of men comes above everything else, and every
individual, by his/her own discretion and wisdom knows what is good or
bad. The freedom of the press that the Indian Media enjoys is an extension
or a further realization of this article.

1.8 Features of Article 19(2):

Nothing in sub-clause (a) of clause (1) shall affect the operation of any
existing law, or prevent the state from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the
said sub-clause in the interests (of the sovereignty and integrity of India) the
security of the state, friendly relation with foreign states, public order,
decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.

1.9 Provisions of Amendment:

The procedure of amendment makes the Indian Constitution neither totally

rigid nor totally flexible, rather a curious mixture of both. Some provisions
can be easily changed and for some others, special procedures are to be
followed.
Since India is a federal state, the proposal for amending the constitution can
be initiated only in the Parliament and the State Legislatures have no such
power.
In case of ordinary law and if both houses of the Parliament disagree, a joint
session is convened. But in case of amendment of bills, unless both the house
agrees, it cannot materialize, as in such cases there is no provision for
convening the joint session of both the House of the Parliament.

In fact, there are three methods of amending the Constitution. But Article
368 of the constitution which lays down the procedure for amendment
mentions two methods:
1. An amendment of the constitution may be initiated only by the
introduction of a Bill for the purpose in any one house of parliament.
i) by a majority of total membership of that house.
ii) by a majority of not less than two-thirds of the members of that present
and voting, it shall be presented to the President who shall give his assent to
the Bill and there upon the Constitution shall stand amended in accordance
with the term of the Bill.

Most of the provisions of the constitution can be amended by this procedure.

2. For amending certain provisions a special procedure to be followed

i) A Bill for the purpose must be passed in each house of Parliament by a
majority of total membership of the house
ii) by a majority of not less than two-thirds of the members of that house
present and voting
iii) it should be notified by the government of not less than one-half of the
states before the Bill is presented to the President for assent.

The provisions requiring this special procedure to be followed include –

a) manner of the election of the President
b) matters relating to the executive power of the union and the state
c) representation of the states in Parliament
d) matters relating to the Union Judiciary and High Courts in the states.
e) distribution of legislative powers between the union and the states.
f) any of the list in the seventh schedule
g) provisions of Article 368 relating to the procedure for amendment of the
constitution etc.

3. There are certain provisions which require simple majority for

amendments. They can be amended by the ordinary law-making process.
They include:
a) formation of new states and alteration of areas, boundaries or names of
existing ones.
b) creation or abolition of legislative councils in the states
c) administration and control of scheduled areas and scheduled tribes
d) the salaries and allowances of the supreme court and high court judges
e) laws regarding citizenship etc.

It is significant that the laws passed by Parliament to change the above

provisions would not be deemed to be amendments of the Constitution for
the purpose of Article 368

1.10 Parliamentary & Legislative Privileges for Media:

The important feature of the law in Media Reporting is that limitation due to
‘parliamentary privilege’ which refers to two significant aspects of the law
relating to both Houses of Parliament and of their members and committees
– Freedom of Speech and Right of publication of proceedings.
The Press is often called an extension of Parliament. It conveys to the people
the substance of Parliamentary legislation and discussion and keeps the
people informed of what is happening in Parliament with different reporting.
Though what appears in the Press may influence the Members and provide
them with necessary background, if the published report and materials do
not form an authentic record of facts and exclusive reliance cannot be placed
by a Member of Parliament on the matter as reported.
Thus, it has been ruled by successive Presiding Officers that questions,
motions and other notices which are merely based on Press reports may not
be admitted. The Member may be required to produce some other primary
evidence on which his notice is based.

Media Freedom has not been expressly provided for in the Constitution, but
is implicit in the fundamental right of the “freedom of speech and
expression” guaranteed to the citizens under Article 19(1)(a) of the
Constitution.

It has been settled by judicial decisions that freedom of speech and

expression includes freedom of the press. But while enjoying the “freedom
of speech and expression” it is a breach of privilege and contempt of the
House to publish partly omitted proceedings of the House.

1.11 Fourth Estate of the Democracy:

The origins of the term “the fourth estate” are best explained within the
context of the medieval “estates of the monarchy”. In medieval society, three
“estates” were formally recognized: the clergy, the nobility and the
commoners. Each estate had a very distinct social role and a certain level of
power, and the idea of the estates of the monarchy became so deep-rooted
in European society that it still lives on.
So in a democratic set up there are three important pillars or estate; first in
legislature – the elected representatives who make law, second is the
executive – the cabinet of ministers that take decision policies of the
government and third is the judiciary – holds and checks the law made by
the government with in the territory of the constitution that don’t violate the
fundamental law of the person. The press which does not have any
constitutional or statutory powers but criticizes the government on wrong
places and make public opinion about policies that government has and
should have, so why press is called the fourth estate of the democracy.

1.12 Press
The Indian Constitution does not provide any freedom for media separately.
But there is an indirect provision for media freedom. It gets derived from
Article (19)(a). This Article guarantees freedom of speech and expression.
The freedom of mass media is derived indirectly from this Article.
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 in any part of the
territory of India, to acquire hold and dispose of property and to practice any
profession or to carry on any occupation, trade and business.
However the right to freedom of speech and expression shall not affect the
operation of any existing law or prevent the state from making any law in so
far as such law imposes reasonable restriction on the exercise of that right
in the interests of the sovereignty and integrity of India, the security of the
state, friendly relations with foreign states, public decency or morality or In
relation to contempt of court, defamation or incitement to offence.

1.13 Emergence of Censorship:

Censorship in India involves the suppression of speech or other public
communication, raises issues of freedom of speech, which is nominally
protected by the Indian constitution.
The Indian Constitution guarantees freedom of expression but with certain
restrictions on the content, with a view towards maintaining communal and
religious harmony.
According to the Information Technology Rules 2011, anything that
threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states or public order are considered as
offensive content.
Obscenity and Sexual Content: Watching or possessing pornographic
materials is legal; however, distribution of such materials is banned. The
Central Board of Film Certification allows release of certain films with
sexually explicit content (labelled A-rated), which are to be shown only in
restricted spaces and to be viewed only people of age 18 and above.

National Security: The Official Secrets Act 1923 is used for the protection
of official information, mainly related to national security.
 Unit II

Ethical Parameters
Ethics need to be part and parcel of all the professions. it is even
more needed to be followed by media professionals to keep the image of
media as ‘fourth estate' intact. According to Webster's New World
Dictionary, 'ethics' is a system or code of morals, of a particular person,
religion, group, profession etc. Ethics, according to the Macquarie Dictionary,
is a system of moral principles, by which human actions and proposals may
be judged good bad or right or wrong.
• A theory or a system of moral values: "An ethic of service is at war
with a craving for gain".
• The rules or standards governing the conduct of a person or the
members of a profession.
Etymologically, "ethics" comes from the Greek "ethos" meaning
"character" which denotes a set of principles or standards for correct
conduct and reliable character within society. Ethics refers to principles that
define behaviour as right, good and proper. Ethics asks what we should do
in some circumstance, or what we should do as participants in some form of
activity or profession.
Ethics is the difficult practical task of applying norms and
standards to ever new and changing circumstances. Ethics is the process of
Inventing new and better ethical responses to problems and conflicts.

Ethics vs. Law

Law is imposed on journalists by the government of a nation
similar to how it is imposed on all the citizens of a nation. Laws like
defamation, contempt of court. contempt of parliament, exist to check the
excesses and errors of the Journalists. Seasoned journalists are well aware
of all these and hence they are most cautious of media law when they write
an article or report of an event.
Ethics on the other hand need to be self-imposed. What may not
be illegal may be unethical.
Reporting and Ethics Legality:
Principles of journalism deal with how news should be got from
various sources and reported. Ethics are the moral principles involved in
news reporting and coverage.
A journalist needs to have certain moral principles to be
followed in his/her profession which could be termed 'professional ethics'.
Ethics could not be forced on anyone but each professional "Codes of Ethics"
or “Codes of Conduct" can be seen as rules of practice, or an ethical
framework, in respect to a certain category of human actions. Ethical
guidelines are peculiar to each profession and are designed to prevent the
abuse or unrestrained use of the powers and privileges of that profession.
Ethics tend to be codified into a formal system or set of rules which are
explicitly adopted by a group of people. Many newspapers in India have
formulated their own code of ethics for their employees to follow.
Gone are the days when journalism was considered to be an
idealistic profession and pen's mightiness over sword was well-maintained.
Now the journalists, as well as the society, have accepted that journalism is
just another profession and media organizations are considered to be
business ventures who compete with each other to win the race and be
ahead in ratings. The rising popularity of electronic media and they're giving
utmost importance to entertainment aspect has paved the way for this sort
of unhealthy competition.
Even in such a scenario, some basic ethical considerations need
to be kept in mind by the journalists.
Objectivity: A newspaper or channel might be having affiliation
towards a particular political party or a business group. But, in news
reporting, such priorities of the media organizations should not get reflected.
Also, the reporter of a news item should also be careful that his
individualistic opinions should not form part of the report. On the whole,
views and news need always to be separated if objectivity has to be
maintained by the journalists.
Conflict of interests: When there is a conflict of interests, i.e. when
public interest and the interest of a particular media organization may not
hand in hand in certain instances. Still, priority needs to be given to the
public interest and not business interests.
 Crass commercialism: Crass commercialism must be avoided. i.e.
indulging in init. practices like obscene scenes, pictures and writings must
be totally given up. That such portrayal would spoil the mind of the
youngsters and children should be kept in mind by the media.
Sensationalism: Sensationalizing the events/happenings needs to be
avoided by an ethical journalist. Especially in times of communal clashes and
disasters, there is a rush and anxiety among the people to know the latest
news. Instead of cashing on such expectations, media should see to that the
reporting should be in such a way that it does not aggravate the clashes
create unnecessary fear in minds of the people about a disaster. The
temptation to give the latest news and be ahead in the ratings need to be
overcome by the concern for societal order.
Privacy: It is true that sources are needed for breaking news but at the
same time their privacy also should be respected and safeguarded and
should not be taken for granted by media.
Obscenity: Extreme care must be taken by journalists that obscene
words and depiction are avoided especially while reporting crime and
involving women.
Bribes/Gifts: Not accepting bribes/gifts. even when voluntarily given,
the norm of an ethical journalist.
Not just the journalists, but each and everybody involved in media
business right from advertisers, marketing department and non-working
journalists need to follow ethics if media ethics need to be safeguarded.

Sting Operations
In law enforcement, a sting operation is a deceptive operation
designed to catch a person committing a crime. Mass media journalists
occasionally resort to sting operations to record video and broadcast to
expose criminal activity.
As a guiding principle, sting and undercover operations should
be the last resort of new channels in an attempt to give the viewer
comprehensive coverage of any news story. News channels will not allow sex
and sleaze as a means to carry out sting operations, the use of narcotics and
psychotropic substances or any act of violence, intimidation or
discrimination as a justifiable means in the recording of any sting operation.
Sting operations will also abide by the principles of self-regulation
mentioned above, and news channels will ensure that they will be guided, as
mentioned above, by an identifiable larger public interest. News channels
will as a ground-rule, ensure that sting operations are carried out only as a
tool for getting conclusive evidence of wrongdoing or criminality and that
there is no deliberate alteration of visuals, or editing or interposing done
with the raw footage in a way that it also alters or misrepresents the truth
or presents only a portion of the truth.

Phone Tapping
Art.21 of the Indian Constitution says that “No person shall be
deprived of his life or personal liberty except according to the procedure
established by law.”
The expression ‘personal liberty’ includes ‘right to privacy’. A
citizen has a right to safeguard his personal privacy, plus, that of his family,
education, marriage, motherhood, childbearing, and procreation, among
other matters.
Life and liberty are not empty words; they include all those
necessary ingredients which give meaning to them. Privacy of a person is a
part of his life and liberty under our Constitution. Any invasion of this right,
which is fundamental in nature, can be done only according to the
constitutional limitations.
The act of telephone tapping affects the right to privacy as well
as the right to freedom of speech and expression, both are Fundamental
Rights under the Constitution. Art 21 of the Constitution, which gives
protection to life and liberty, can allow only such legislature-made law which
meets the constitutional requirements and applies a procedure which is just,
fair and reasonable. Further, violation of the right of freedom of speech and
expression is not permissible except what Art. 19 of the Constitution
provides.
In India, Phone Tapping can only be done in an authorized
manner with permission from the department concerned. However, if it is
undertaken in an unauthorized manner then it is illegal and will result in
prosecution of the person responsible for breach of privacy.
 The Central Government as well as the State Governments, both
of them are provided with the right to intercept telephones under Section
5(2) of Indian Telegraphic Act, 1885. There are instances when an
investigating authority/agency needs to record the phone conversations of
the person who is under suspicion. Such authorities are required to seek
acquiescence from the Home Ministry before moving forward with such an
act. In the application to seek permission, particular reasons need to be
mentioned. Additionally, the need for interception of the telephone must be
proved. Then only the ministry will consider the application and grant
permission upon estimating the merits of the application for the
interception.

Every agency fills out an authorization slip before placing a

telephone under surveillance. The Home Secretary of the particular state
signs this when it is concerned with the state. Telephones of politicians
cannot be tapped officially-a qualifier on the slip states that the inspected
person is not an elected representative. Nowadays, every cellular service
provider has an aggregation station which is a clasp of servers called
mediation servers as they intercede by linking the cellular operators and the
law enforcement agencies to tap phones. There are two types of telephone
tapping services obtainable these days i.e. Integrated Services Digital
Network (ISDN) and the leased line. In ISDN service, an intercession server
taps a call and then conveys it via Primary Rate Interface (PRI) line to the
office of a government agency. Furthermore, the police will also be able to
eavesdrop to the phone on their PRI line and store the recording of the
intercepted call to linked computers. A sound file of the intercepted call can
also be recorded and kept in the mediation server, concurrently.

Unlawful Telephone Tapping Remedies:

·Unlawful interception infringes the right to privacy and the aggrieved
person can file a complaint in the Human Rights Commission.
·An FIR can be lodged in the nearest Police Station when illicit phone
interception comes into the knowledge of the person.
·Moreover, the aggrieved person can approach the Court against the
person/company doing the Act in unauthorized comportment under Section
26 (b) of the Indian Telegraphic Act which provides for the imprisonment of
3 years for persons held for the unlawful interception. An individual can also
be prosecuted for authorized interception of the telephone but sharing of the
data of the same in an explicit manner.

Information Technology Act 2000

• Information technology is one of the important laws relating to Indian
cyber laws. It had passed in the Indian parliament in 2000. It consists
of 13 chapters and 4 schedules.
• This act is helpful to promote business with the help of internet. It also
set of rules and regulations which apply on any electronic business
transaction.
• Due to increasing crime in cyberspace, Govt. of India understood the
problems of internet user and for safeguarding the interest of internet
users, this act was made.

Objectives
• It is objective of the I.T. Act 2000 to give legal recognition to any
transaction which is done by electronic way or use of the internet.
• To give legal recognition to digital signature for accepting any
agreement via computer.
• To provide the facility of filling document online relating to school
admission or registration in employment exchange.
• According to I.T. Act 2000, any company can store its data in electronic
storage.
• To stop computer crime and protect the privacy of internet users.
• To give legal recognition for keeping books of accounts by bankers and
other companies in electronic form.
• To make more power to IPO, RBI and Indian Evidence act for
restricting electronic crime.
Scope
• Every electronic information is under the scope of I.T. Act 2000 but
following electronic transaction is not under I.T. Act 2000.
• Information technology act 2000 is not applicable to the attestation for
creating trust via electronic way. Physical attestation is a must.
• I.T. Act 2000 is not applicable to the attestation for making the will of
anybody. Physical attestation by two witnesses is a must.
• A contract of sale of any immovable property.
• Attestation for giving power of attorney of property is not possible via
electronic record.

CHAPTERS
CHAPTER 1
• It shall extend to the whole of India and, save as otherwise provided in
this Act, it applies also to any offence or contravention thereunder
committed outside India by any person.
CHAPTER II
• Any contract which is done by the subscriber. If he signs the electronic
agreement by digital signature. Then it will be valid.
CHAPTER III
• This chapter explains the detail that all electronic records of govt. are
acceptable unless any other law has any rules regarding written or
printed record.
CHAPTER IV
• This chapter deals with receipts or acknowledgement of any electronic
record. Every electronic record has any proof that is called receipt and
it should be in the hand who records electronic way.
Chapter V
• This chapter powers to the organization for securing the electronic
records and secure digital signature. They can secure by applying any
new verification system.
Chapter VI
• This chapter states that govt. of India will appoint controller of
certifying authorities and he will control all activities of certifying
authorities. “Certifying authority is that authority who issues the
digital signature certificate.”
Chapter VII
• In this chapter powers and duties of certifying authority is given.
Certifying authority will issue digital signature certification after
getting Rs. 25000. If it is against the public interest, then C.A. can
suspend the digital signature certificate.
Chapter VIII
• This chapter tells about the duties of subscribers regarding the digital
signature certificate. It is the duty of subscriber to accept that all
information in the digital signature certificate that is within his
knowledge is true.
Chapter IX
• If anybody or group of body damages the computers, computer
systems and computer networks by electronic hacking, then they are
responsible to pay penalty up to Rs. 1 crore. Fore judgment this, govt.
can appoint the adjudicating officer.
Chapter X
• Under this chapter, the cyber regulation appellate tribunal can be
established. It will solve the cases relating to orders of adjudicating
officers.
Chapter XI
• For controlling cyber Crime, Govt. can appoint a cyber regulation
advisory committee who will check all cyber-crime relating to
publishing others information. If any fault is done by anybody, he will
be responsible for paying Rs. 2 lakhs or he can get punishment of 3
years living in jail or both prison and penalty can be given to cyber-
criminal.
Chapter XII
• Police officers have also power to investigate dangerous cyber-crime
under IPC 1860, Indian Evidence Act 1872 and RBI Act 1934

What Section 66A says:

"Any person who sends, by means of a computer resource or a
communication device
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of
causing annoyance, inconvenience, danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred or ill will, persistently by making use
of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing
annoyance or inconvenience or to deceive or to mislead the addressee or
recipient about the origin of such messages shall be punishable with
imprisonment for a term which may extend to three years and with fine."
• Section 66A provides punishment for sending offensive messages
through communication services.
• These messages may be any information created, transmitted or
received on a computer system, resource or device including
attachments in the form of...
• • Text
• • Images
• • Audio
• • Video
• • Any other electronic record which may be transmitted with the
message
The law targets messages that...
• • Are grossly offensive or menacing
• • Proffer false information intending to cause annoyance,
inconvenience, intimidation, insult, obstruction, etc.,
 • • Are intended at deceiving the addressee about the origin of the
message
• The law was amended in 2008 and received Presidential assent on
February 5, 2009.

RIGHT TO INFORMATION ACT

Bringing Information to the Citizens
Right to Information Act 2005 mandates timely response to citizen requests
for government information. It is an initiative taken by Department of
Personnel and Training, Ministry of Personnel, Public Grievances and
Pensions to provide a– RTI Portal Gateway to the citizens for quick search of
information on the details of first Appellate Authorities, PIOs etc. amongst
others, besides access to RTI related information/disclosures published on
the web by various Public Authorities under the government of India as well
as the State Governments

The objective of the Right to Information Act:

The basic object of the Right to Information Act is to empower the citizens,
promote transparency and accountability in the working of the Government,
contain corruption, and make our democracy work for
the people in real sense. It goes without saying that an informed citizen is
better equipped to keep necessary vigil on the instruments of governance
and make the government more accountable to the governed. The Act is a
big step towards making the citizens informed about the activities of the
Government.

Any Indian Citizen is free to seek answers from a Government Authority like
applying for a delayed IT refund, driving license or passport, or details of a
repair or infrastructure project completed or going on. Information sought
can also be related to the funds allotted under the different kinds of relief
funds in the country. The act enables students to get copies of answer sheets
from the universities under this act.
The background of the RTI Act
In 1987, a few labourers In Rajasthan were refused their wages on charges
of inconsistent performance, Mazdoor Kissan Sanghatan (MKSS), an activist
group fought for these workers and demanded that the government
produced the necessary proof to verify the worker’s performance records.
After a series of protests, the MKSS got the copies of rolls, which also brought
to surface the corruption existed among the officials, provoked by such
discrepancies, the MKSS protested for the RTI. This protest turned into a
national event leading to the passing of the Freedom of Information Act 2002
which became the RTI Act 2005. A Pune police station received the first RTI
Application in the year 2005.

INTELLECTUAL PROPERTY RIGHT

Intellectual property is a product of human intellect and the rights granted
on it allow its owner to benefit from the fruits of this intellectual endeavour
by creating a monopoly over it. Such benefit is not always a natural right but
requires recognition by a statute.

There are various forms of intellectual property right. They are as follows:
1. Patents:
New inventions employing scientific and technical knowledge, value
addition to existing technology. It is a contract between investor and
government, e.g.,) a new drug.
2. Trademark and service mark:
A visual symbol in the form of a word, service or label applied to an article of
a manufacturer, e.g.,) Yahoo, Google
3. Industrial design:
Idea or a conception as to the features of the shape, configuration pattern,
ornament or composition of lines or colours applied to any article. Design is
for beautifying an industrial product to attract consumer public. Any new or
original design adopted for ornamentation, shaping and configuration of an
industrial PDT is eligible for design registration.
4. Copyright:
Right to copy and making use of literary, dramatic, musical, artistic works,
cinematographic films, records and broadcasts.
5. Geographical Indications:
Geographical indications identify good as originating in the territory of a
country. An origin or a locality in that territory, where a specific quality,
reputations or other characteristics of the goods is essentially attributed to
their geographical origin e.g., Darjeeling tea, Kanchipuram Saree etc.
6. Protection for new plant varieties:
TRIPS (trade-related aspects of intellectual property rights) provisions of
the World Trade Organization Agreement make it mandatory for member
countries to provide protection for new plant varieties, e.g., a new variety of
rice, wheat etc. As per the provisions, the member countries can give
protection to new plant varieties in two ways –
(i) Under the patent law
(ii) by a separate system (called Suigeneris system)

In India, intellectual property rights recognized under the statute are:

• The Patents Act, 1970;
• The Trade Marks Act, 1999;
• The Copyright Act, 1957;
• The Designs Act, 2000;
• The Geographical Indications of Goods (Registration & Protection) Act,
1999;
• The Semiconductor Integrated Circuits Layout Design Act, 2000;
• The Biological Diversity Act, 2002;
• The Protection of Plant Varieties and Farmers' Rights Act, 2001.

Intellectual property rights (IPRs) play a key role in every sector and
have become the basis for crucial investment decisions. IPRs are
exclusive rights and therefore there is always a challenge to strike a
balance between the interests of innovators and the interests of the
 society at large. Another important factor is having an adequate legal
framework to protect the interests of innovators and inspire
confidence that their intellectual property will be protected, in turn
triggering further innovation.

Media & Cultural Dependency

The culture which is the customs, beliefs, art, music, and all
other products of human thought made by a particular group of people at a
particular time. This culture is what distinguishes one culture from another,
or a kind of identification which when exhibited reveals or gives an inkling
to where you came from. A mode of dressing often leads to such comments
like “you dress like an American, or you look like one who is coming from the
airport”. Cultural Dependency arises when a country is controlled by
another. By way of definition, cultural dependency or imperialism is a
process whereby ownership, structure, distribution, or content of the media
in any one country singly or together subject to the external pressure from
the media interest of any country or countries without a proportional
reciprocation in influence by the country so affected.
Cultural dependency invariably puts pressure on one society to
adopt the culture, values and lifestyle of another. This situation is worsened
if there is an existence of any form of inequality among the partners; like the
type that exists between developed and developing or underdeveloped
countries.
The power of the press in this twenty-first century is not
contestable. This has led to the well-deserved name of “information age”
where millions of people scattered all over are reached simultaneously
through evolving sophisticated and communication technologies. Media
plays a central role in creating and transmitting the dominant culture to the
developing society.
This power of the media to reach a mass audience with
information for awareness or attitudinal change implies that it has a role to
play with regards to cultural dependency. In fact, there is no mention of the
term cultural dependency without the media coming into the discussion
because they are the media of communication especially the Television and
recently, the internet. mass communication is a major carrier of culture, and
that the mass media are cultural instruments which supply the cultural fare
and shape the cultural experience of many millions of people in the modern
world. This concern for the role of media in cultural units also stems from
the fact that communication in whatever form is a major carrier of culture
and hence, it is important in the production and transmission of culture.
 UNIT – III

ADVERTISEMENT REPRESENTATION AND ETHICS

Advertisement is the most influential and powerful medium in a

commercial society. The Advertising Standards Council’s Code for Self-
regulation defines an advertisement as a paid-for communication, addressed
to the public or a section of it, the purpose of which is to influence the
opinions or behaviour of those to whom it is addressed. Any communication
which in the normal course would be recognized as an advertisement by the
general public would be included in this definition even if it is carried free-
of-charge for any reason.
Advertising is an expression intended for the promotion of a
product or service or concept. The Report on the Environment, Public Health
and Consumer Protection defined advertising thus, the process of
persuasion, using paid media, in which purchasers of goods, services or ideas
sought. Its primary aim is to convince the consumer to obtain the
advertiser’s product/ service and/ or his specific brand.
Advertising is thus a commercial message designed to influence
consumer behaviour. Advertising is communication. It seeks to convey
information to the consumer about a product. It can take any form in any
media.

WOMEN AND ADVERTISEMENTS:

Women play a very important role with respect to

Advertisements:

# As Victims- subscribes to the view that women models in most cases are
exploited.
# As viewers of advertisements in the media.
# As, endorsers which again is a dignified way of promoting a product which
is usually done by a well-known woman.
 Use of women to promote a concept or product is going on
increasing Women are used in TV commercials as a weapon of persuasion.
Women in many cultures make the majority of consumption decisions;
hence they are an important target of these advertisers.
Positive Impact of Advertisements on Women includes
Consumer education, Public Service Advertisements which educates
women. Advertisements bring awareness about various issues women need
to know. For example, the advertisements of contraceptives inform women
about safe sex. Advertisements also offer a career to women as models and
fashion design. Advertisements do update women on the latest fashion
trends; thereby making them more stylish and elegant.
But, most of the advertisements make women victims of cheap
advertising techniques. The representing of women in indecent ways for
whatever commercial ends, is the worst thing done. It should be curbed.

LAWS:

The Indian Penal Code 1960 contains S. 292, which deals with
the sale of obscene books, pamphlet, inter alia representation which shall be
deemed to be lascivious or appeals to the prurient interest, which can
include obscene advertisements. Including the Indian Penal Code as safety
legislation to prevent the indecent representation of women in
advertisements, because of one logic: Indecent Representation of women
can be obscene, which means that a law curbing obscenity can come of help.

The word, obscenity as the dictionaries tell us, denotes the

quality of being obscene which means offensive to modesty or decency;
lewd, filthy and repulsive. It cannot be denied that it is an important interest
of society to suppress obscenity. There is, of course, some difference
between obscenity and pornography in that the latter denotes writings,
pictures etc. intended to arouse sexual desire while the former may include
writings etc. not intended to do so but which have that tendency. Both, of
course, offend against public decency and morals but pornography is an
obscenity in a more aggravated form.

Though the work as a whole must be considered, the obscene

matter must be considered by itself and separately to find out whether it is
so gross and its obscenity so decided that it is likely to deprave and corrupt
those whose minds are open to influences of this sort. In this connection, the
interests of contemporary society and particularly the influence must not be
overlooked. Where obscenity and art are mixed, art must so preponderate
as to throw the obscenity into a shadow or the obscenity so trivial and
insignificant that it can have no effect and may be overlooked. It is necessary
that a balance should be maintained between "freedom of speech and
expression" and "public decency or morality"; but when the latter is
substantially transgressed the former must give way. The concept of
obscenity would differ from country to country depending on the standards
of morals of contemporary society.

PEOPLE AND SOCIETY:

The public can play an important role in curbing the indecent

representations of women in advertisements, by objecting to it and by
choosing not to remain silent. Cultural as well as religious constraints too
cannot be overlooked totally by the agencies. The media is the watchdog of
justice. Media is accountable to the people. Media can play an important role
in protesting the indecent representation of women in the media. Journalists
have to make people aware of the laws helping them in this goal, through
their writings.
In conclusion, like to point out that a mass awakening only can
make a change in the attitude of advertisements towards women. Public
service Advertisements are doing their part- thanks to the Governments and
NGOs. But women organizations, police, politicians, social workers, legal
activists- all have to join hands to fight those indulging in the indecent
representation of women in advertisements. Much has to be researched in
this field to bring forth a comprehensive piece of legislation or amendments
in the existing laws to deal with the vulgar portrayal of women in
advertisements. Transnational companies and their advertisements do have
a negative persuasive effect on the viewers of our country, especially
youngsters.

The advertisements portraying women in a vulgar way, whether

it be in hoardings or other in other media, is tolerated and overlooked by the
people. For. e.g. there is a duty attached to officers under different acts like
the Indecent Representation of Women (Prohibition) Act,1986 which can be
resorted to removing hoardings with women pictured in a vulgar way. In
these circumstances, a writ of mandamus can be resorted to. By various
cases, the Supreme Court has recognized that the advertisements were in the
nature of commercial speech’, thereby liable to be protected under Art 19(1)
(a). But it must be remembered that it is not blanket protection because of
the restrictions which include inter alia grounds of morality and decency. He
also points out that the models, as well as the advertising agencies, do have
a right to livelihood and profession, but the social workers and activists and
lawyers and media persons should come up to enlighten the society at large
about the legal consequences of indecent acts.

THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT,

1986

An Act to prohibit indecent representation of women through advertisements

or in publications, writings, paintings, figures or in any other manner and for
matters connected therewith or incidental thereto.
1. Short title, extent and commencement:
(1) This Act may be called the Indecent Representation of Women
(Prohibition) Act, 1986.
(2) It extends to the whole of India, except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definitions:
In this Act, unless the context otherwise requires, -
a. "advertisement" includes any notice, circular, label, wrapper or other
document and also includes any visible representation made by means of
any light, sound, smoke or gas;
b. "distribution" includes the distribution by way of samples whether free
or otherwise;
c. "indecent representation of women" means the depiction in any manner
of the figure of a woman; her form or body or any part thereof in such way
as to have the effect of being indecent, or derogatory to, or denigrating
 women, or is likely to deprave, corrupt or injure the public morality or
morals;
d. "label" means any written, marked, stamped, printed or graphic matter,
affixed to or appearing upon, any package;
e. "package" includes a box, a carton, tin or another container;
f. "prescribed" means prescribed by rules made under this Act.
3. Prohibition of advertisements containing indecent representation of
Women:
No person shall publish, or cause to be published, or arrange or take
part in the publication or exhibition of, any advertisement which contains
indecent representation of women in any form.
4. Prohibition of publication or sending by post of books, pamphlets, etc;
containing indecent representation of women:
No person shall produce or cause to be produced, sell, let to hire,
distribute, circulate or send by post any book, pamphlet, paper, slide, film,
writing, drawing, painting, photograph, representation or figure which
contains indecent representation of women in any form:
Provided that nothing in this section shall apply to-
a. any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure –
b. the publication of which is proved to be justified as being for the public
good on the ground that such book, pamphlet, paper, slide, film, writing,
drawing, painting, photography, representation or figure is in the interest of
science, literature, art, or learning, art, or learning or other objects of general
concern; or
b. which is kept or used bona fide for religious purpose;
any representation sculptured, engraved, painted or otherwise represented
on or in –
c. any ancient monument within the meaning of the Ancient Monument and
Archaeological Sites and Remains Act, 1958 (24 of 1958); or
d. any temple, or on any car used or the conveyance of idols, or kept or used
for any religious purpose;
any film in respect of which the provisions of Part II of the Cinematograph
Act, 1952 (37 of 1952), will be applicable
5. Powers to enter and search:
(1) Subject to such rules as may be prescribed, any Gazetted Officer
authorized by the State Government may, within the local limits of the area
for which he is so authorized: -
enter and search at all reasonable times, with such assistance, if any, as he
considers necessary, any place in which he has reason to believe that an
offence under this Act has been or is being committed; seize any
advertisement or any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure which he has reason to
believe contravenes any of the provisions of this Act; examine any record,
register, document or any other material object found in any place
mentioned in Cl. (a) and seize the same if he has reason to believe that it may
furnish evidence of the commission of an offence punishable under this Act.

Provided that no entry under this subsection shall be made into a private
dwelling-house without a warrant:
Provided further that the power of seizure under this subsection may be
exercised in respect of any document, article or thing which contains any
such advertisement, including the contents, if any, of such document, article
or thing if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article or thing without
affecting the integrity, utility or saleable value thereof.
Provided further that the power of seizure under this subsection may be
exercised in respect of any document, article or thing which contains any
such advertisement, including the contents, if any, of such document, article
or thing if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article or thing without
affecting the integrity, utility or saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973(2 of 1974), shall,
so far as may be, apply to any search or seizure made under the authority of
a warrant issued under Sec.94 of the said Code.
(3) where any person seizes anything under Cl. (b) or Cl. (c) of subsection
(1), he shall, as soon as may be, inform the nearest Magistrate and take his
orders as to the custody thereof.
6. Penalty:
Any person who contravenes the provisions of Sec 3 or Sec 4 shall be
punishable on first conviction with imprisonment of either description for a
term which may extend to two years, and with fine which may extend to two
thousand rupees, and in the event of a second or subsequent conviction with
imprisonment for a term of not less than six months but which may extend
to five years and also with a fine not less than ten thousand rupees but which
may extend to one lakh rupees.
7. Offences by companies
(1) Where an offence under this Act has been committed by a company,
every person, who, at the time the offence was committed was in charge of,
and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary
or another officer of the company, such director, manager, secretary or
another officer shall be proceeded against and punished accordingly.
Explanation – For this section. -
a. "company" means anybody corporate and includes a firm or other
association of individuals; and
b. "director", in relation to a firm, means a partner in the firm.
8. Offences to be cognizable and bailable:
(1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2of 1974), an offence punishable under this Act shall be bailable.
(2) An offence punishable under this Act shall be cognizable.
9. Protection of action taken in good faith:
No suit, prosecution or other legal proceedings shall lie against the Central
Government or any State Government or any officer of the Central
Government or any State Government for anything which is in good faith
done or intended to be done under this Act.
10. Power to make rules:
(1) The Central Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: -
a. the manner in which the seizure of advertisement or other articles shall
be made, and the manner in which the seizure list shall be prepared and
delivered to the person from whose custody any advertisement or other
article has been seized;
any other matter which is required to be, or maybe, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session for a total
period of thirty days, which may be comprised in one session or two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive session aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES,

1987

G.S.R.822 (E), dated 25th September 1987: In exercise of the powers

conferred by Sec.10 of the Indecent representation of Women (Prohibition)
Act, 1986 (60 of 1986), the Central Government hereby makes the following
rules, namely:
1. Short title and commencement:
(1) These rules may be called the Indecent Representation of Women
(Prohibition) Rules, 1987.
(2) They shall come into force on the 2nd of October, 1987.
2. Definitions:
(1) In these rules, unless the context otherwise requires, -
a. `Act’ means the Indecent Representation of Women
(Prohibition) Act, 1986 (60 of 1986);
b. `article’ means any book, pamphlet, paper, slide, film, writing,
drawing, painting, photograph, representation of figure;
 c. `authorized officer’ means any Gazetted Officer authorized by
the State Government for the purpose of section 5 of the Act.
d. `section’ means a section of the Act.
(2) Words and expressions used in these rules and not defined, shall have
the meanings respectively, assigned to them in the Act.
3. Manner of seizure of articles:
(1) Every seizure made in pursuance of the provisions of sub-section (1) of
section 5 shall be made in the manner hereinafter provided in these rules.
(2) The authorized officer seizing any advertisements or articles under sub-
section (1) of section 5 shall prepare a list of such advertisements or articles
containing such details relating to the description, quality, quantity, mark,
number and other particulars thereof as he may consider relevant to the
identity of such advertisements or articles in any proceeding under the Act,
in the Form annexed to these rules.
(3) The authorized officer shall pack and seal such advertisements or articles
in the manner provided in rule 4 and shall deliver a copy of the list so
prepared to the person from whom such advertisements or articles are
seized.
(4) The advertisements or articles so seized shall be marked with a
distinguishing number and shall also be signed by the authorized officer, the
person from whom such advertisements or articles have been seized and
two respectable inhabitants of the locality. If it is not possible to mark any
such advertisement or article, the marking may be done on the packaging or
in any other manner which the authorised officer thinks proper.
4. Manner of packing and dealing with advertisements or articles seized:
(1) The advertisements or articles seized shall be packed in adequately
strong paper, cloth or in any other packing material in such a way that the
advertisements or articles may not be tampered with and the ends of the
paper, cloth or other packing material shall be neatly folded and affixed by
means of gum or other adhesive or stitched in or tied.
(2) The package shall be further secured by means of strong twine or thread
and the twine or thread shall be fastened on the package by means of sealing
wax on which there shall be at least four distinct and clear impressions of
the seal of the authorised officer of which one shall be on the top of the
package, one at the bottom and the other two at the body of the package and
knots of the twine or thread shall be covered by means of sealing wax
bearing the impression of the seal of the authorized officer.
(3) Where necessary, the authorized officer shall put the advertisements or
articles in a box, a container of a suitable material and size and seal it in the
manner provided in sub-rule (2).
5. Manner of seizing and sealing advertisements or articles in certain
cases:
Notwithstanding anything contained in rules 3 and 4, where the authorized
officer is of the opinion that it is not possible to seize and seal any
advertisement or article in the manner prescribed in rules 3 and 4 due to the
size or the nature of such advertisement or article, he may take such steps as
he thinks fit for the seizure and sealing of such advertisement or article
without affecting the integrity, utility or saleable value thereof.

THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES,

1987
FORM
(See rule 3(2))
List of Advertisements or Articles Seized
To
(Name and address of the person from whom the advertisement(s) or
article(s) are seized)
…………………………………………………………………………………………
…………………………………………………………………………………………
The advertisement(s), article(s) detailed below has/have this day been
seized by me under sub-section (1) of section 5 of the Indecent
Representation of women (Prohibition) Act, 1986 (60 of 1986), from the
premises………………………. situated at ………………………….
Details of advertisement(s), article(s) seized:
Place……… ………………
(Authorised Officer)
(Seal) Area…………
SEXUAL HARASSMENT AT WORKPLACE

Sexual harassment includes such unwelcome sexually determined behaviour

(whether directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favours;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical verbal or non-verbal conduct of sexual
nature.

India is a democratic country. All citizens have the fundamental right to live
with dignity under Article 21 of the constitution of India. But there is no
law specifically dealing with sexual harassment. Laws are not able to
provide justice to the victims. There are various cases brought before the
supreme court of India but all cases were not successful in laying down
new laws for sexual harassment. In 1997, the Supreme court tried to lay
down guideline in Vishakha’s case. These guidelines were somewhat
successful because in this case the supreme court argued that there is a
need for separate laws but it was not given the required attention.

Sexual harassment: the law

According to the law in India, sexual harassment violates the women’s
fundamental right of gender equality and life with dignity under article 14
and article 21 respectively. Although there are no specific laws for curbing
sexual harassment at the workplace in India but certain provisions are
there in other legislation like Indian Penal Code, which provides protection
against women’s sexual harassments such as in IPC:

· Section 294 deals with obscene acts and songs at public place.

· Section 354 deals with assault or criminal force against women.

· Section 376 deals with rape.

· Section 510 deals with uttering words or making gestures which outrages
a women’s modesty.

There is another act passed by legislature for protecting women’s interest

namely, Indecent Representation of Women, Act (1997). This act has not
been used in cases of sexual harassment but there are certain provisions in
this act which can be used in 2 ways:

1) If a person harasses another by showing books, photographs, paintings,

films, etc. containing indecent representation of women than he will be
liable with minimum 2yrs. imprisonment.

2) Section 7 of this act punishes companies, if there is indecent

representation of women like showing pornography.

The harassed women can also go to civil courts for tortious actions like
mental anguish, physical harassment, loss of income in employment of
victim, etc.

Sexual harassment can be distinguished on two basis, one of them is quid

pro quo in which a woman gets sexually harassed in exchange of work
benefits and sexual favours this also lead to some retaliatory actions such
as demotion and making her work in difficult conditions. Another is ‘hostile
working environment’ which imposes a duty on employer to provide the
women worker with positive working environment and prohibits sexist
graffiti, sexual remarks showing pornography and brushing against women
employees.

Sexual Harassment: Case laws in India

There are various cases which had come before the courts in India and the
judgment in most of the cases has motivated women to register more
complaints as compared to earlier:

1) Apparel Export Promotion Council v. A.K Chopra

The Supreme Court in this case declared that sexual harassment is gender
discrimination against women and also said that any act or attempt of
molestation by a superior will constitute sexual harassment.

2) Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill

This case has changed the meaning of the terms, modesty and privacy in such
a way that, any kind of harassment or inconvenience done to a women’s
private or public life will be considered as an offence.
3) Vishaka & others Vs. State of Rajasthan & others
In this case, the Supreme Court laid down the following guidelines which
recognized it not only as a private injury to an individual woman but also as
the violation of her fundamental rights. These guidelines are significant
because for the first-time sexual harassment is identified as a separate
category of legally prohibited behaviour. These are subjected to all
workplaces until any other legislation is passed by parliament in this
regard. The guidelines are as follows:

· It is the duty of every employer to deliver a sense of security to every

women employee.
· Government should make strict laws and regulations to prohibit sexual
harassment.
· Any act of such nature should result in disciplinary actions and criminal
proceedings should also be brought against the wrongdoer.
· The organization should have a well set up complaint mechanism for the
redressal of the complaints made by the victim and should be subjected to a
reasonable time.
· This complaint mechanism should be in the form of complaint committee
which needs to be headed by a women member and at least 50% of the
committee members should be women so that victims do not feel ashamed
while communicating their problems. This complaint committee should also
have a third party involvement in the form of NGO or other body which is
familiar with this issue. There is a need for transparency in the functioning
of this committee and for that, there is a requirement of submission of the
annual report to the government.
· Issues relating to sexual harassment should not be a taboo in the workers
meeting and should be discussed positively.
· It is the duty of the organisation to aware the female employees about their
rights by regularly informing them about the new guidelines issued and
legislation passed.
· The employer or the person in charge is duty biased to take the necessary
and reasonable steps to provide support to the victim if sexual harassment
takes place due to the act or omission of the third party.
· These guidelines are not limited only to government employers and should
also be followed by employers in private sectors.

4) Medha Kotwal Lele & Ors. v. Union of India & Ors

This case helped the Vishakha’s case to implement the guidelines
successfully by issuing notices to all states and the union territories to
impart the necessary steps.

Bill to prevent Sexual Harassment: After few years of the guidelines set by
the Supreme Court, the first attempt was made to frame suitable draft
legislation with considerable involvement of and pressure from women’s
organizations. This was called “the protection against sexual harassment of
women bill, 2005”. However, that too gathered dust till it was replaced by
“the protection of women against sexual harassment at workplace bill, 2007”
which focused specifically on SH at the workplace, the reason presumably
being that the 2005 bill was too wide ranging and hence difficult to
implement. This 2007 bill was not in the spirit of Vishakha because it defines
aggrieved women as “…any female/persons whether major or minor, who
allies that she/they have been subject to sexual harassment...” This bill is also
silent on third party harassment and is emphasizing only on harassment
within the workplace. This bill treats sexual harassment as a civil dispute
whereas the Vishakha guideline has provided criminal proceedings for the
same. A recent amendment in the draft bill is section 12 (1) which states that
“if the allegations of sexual harassment are found to be false, the complainant
can be punished for it”. This provision will create a new space for employers
to manipulate the evidence to stand up against the women. It will abstain
women from registering any complaints against the wrongdoer due to the
fear that employers can take negative action against them so this part needs
to be deleted.

The suggestions made above can make vishakha guideline to retain their
spirit but at the same time it should also ensure that its scope should not
become very extensive and riotous.

Failure in implementing the laws relating to sexual harassment:

As per the vishakha guidelines, it is made compulsory to constitute a
complain committee in every workplace but private companies hardly
institute them while the government organizations just do it on paper. The
organizations in which these committee exists face other serious problems
as it is been reported by victims that the committee members do not even
have the clue of their responsibilities, powers and duties and so this rarely
lead the victim to get justice. The attitude of the employer is deep-seated as
they have a presumption that this cannot happen in their organization and
so the women’s complaint end up with nothing. People use to make fun of
her and this makes her incapable of getting justice or being heard properly.

Section 354 (on which the ruling in the Mrs Rupan Deol Bajaj v. Kanwar Pal
Singh Gill was based) and section 509 of IPC is the criminal provision applied
in most of the sexual harassment cases, but yet these provisions have only
limited effectiveness. Therefore, we can say that there is no strong legislative
stand against sexual harassment in the workplace.
A number of bills (by the national commission for women, women’s
organization and the government) have been drafted but there is still
confusion on what bill would serve the purpose better. At present, the draft
Protection of Women against Sexual Harassment at Workplace, 2007 is
pending with the ministry of women and child development. There are
certain suggestions being made by women organizations to make changes in
the bill:-

ü To provide for procedural training of members of the complaints

committee.

ü To modify provisions of section 11 (no action will be taken if the allegation

against the respondent is not true) and section 12 (if a local committee
concludes that the allegation against the respondent is false then action will
be taken against the complainant) of this bill.

Preventive Measures to Curb Sexual Harassment

Change in attitude of people is a basic requirement for implementing any law
in the society for women. This implementation of laws leads to protection
against undesired sexual behaviour. The prevention of sexual harassment
should be done at all level of employees and it should be checked that the
women employees get a positive environment. We recommend the following
steps that need to be taken for preventing sexual harassment at the
workplace.

1. There should be well set up complaint channel which is in direct

communication with the women employee. The women should not feel
obscure in complaining about the problems she is facing during employment
at the workplace. The complaint committee should take all such kind of
complaint very seriously and appropriate action must be taken within a
reasonable time.
2. Women workers’ should not fear in talking about any harassment related
to sex and it is their duty to immediately bring in notice to the complaint
committee about any such act.
3. It is the duty of the complaint committee to keep every complaint
confidential.

4. Every organisation should conduct sexual harassment awareness training

for both the male and female employees. This mutual learning will help in
creating an atmosphere of hostility and employees will feel comfortable.
This training should also include the impacts of sexual harassment on
women.

5. A commitment is required from all the levels of the organisation for the
positive implementation of the policies and procedures made against sexual
harassment.

6. Every employee should understand that it is his legal duty to provide every
women employee a sense of security in workplace.
7. He should understand that any kind of harassment on his women
employee will result in detrimental effects on her health, confidence and her
potential at work which also results in her leaving the job.

8. Women should be motivated against sexual harassment and they should

be asked to complain about it if they think that it is harming them in any
manner and they should make them realize that their complaints will not be
subjected to ridicule or any kind of threat.
9. The employer should always be under the fear of any kind of monetary or
reputational harm which can occur if such a kind of activity happens in his
company. We also think that there is a need for formulating a separate anti-
sexual harassment policy dealing particularly with this issue.
10. The committee should never be biased in dealing with certain individuals
of the organisation. For example, if the accused is a senior executive or
partner he should not be excused just for the sake of his position and strict
action should be taken against him.

SECTION 67 IN THE INFORMATION TECHNOLOGY ACT, 2000

Section 67 of the IT Act is the most serious legislative measure
against pornography. The section reads as under: Whoever publishes or
transmits or causes to be published in the electronic form, any material
which is lascivious or appeals to the prurient interest or if its effect is such
as to tend to deprave and corrupt persons who are likely, having regard to
all relevant circumstances, to read, see or hear the matter contained or
embodied in it, shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and with fine
which may extend to one lakh rupees and in the event of a second or
subsequent conviction with imprisonment of either description for a term
which may extend to ten years and also with fine which may extend to two
lakh rupees. The important ingredients of an offence under section 67 are
publishing, or transmitting, or causing to be published, pornographic
material in the electronic form.
The wordings of section 67 are wide enough to cover all
perpetrators of cyber pornography, be it the Internet service providers, web
hosting entities or the persons behind the actual website. The Act prescribes
imprisonment of either description for a term which may extend to 5 years
and with fine which may extend to Rs. 1 lakh in the case of first conviction
and in the event of a second or subsequent conviction with imprisonment of
either description for a term which may extend to 10 years and also with fine
which may extend to Rs. 2 lakh.
S.67 thus, aids in the control of advertisements which has found its life in the
new media- the Internet. Other female-friendly laws include the PNDT Act,
S.22 reads thus- S.22. Prohibition of advertisement relating to pre-natal
determination of sex and punishment for contravention.-
(1) No person, organization, Genetic Counseling Centre, Genetic Laboratory
or Genetic Clinic shall issue or cause to be issued any advertisement in any
manner regarding facilities of pre-natal determination of sex available at
such Centre, Laboratory, Clinic or any other place.

(2) No person or organization shall publish or distribute or cause to be

published or distributed any advertisement in any manner regarding
facilities of pre-natal determination of sex available at any Genetic
Counseling Centre, Genetic Laboratory, Genetic Clinic or any other place.

(3) Any person who contravenes the provisions of sub-section (1) or sub-
section (2) shall be punishable with imprisonment for a term which may
extend to three years and with fine which may extend to ten thousand
rupees.

In Young Person’s (Harmful Publications ) Act,1956, harmful publications

"means any book, magazine, pamphlet, leaflet, newspaper or other like
publication which consists of stories told with the aid of pictures or without
the aid of pictures or wholly in pictures, being stories portraying wholly or
mainly-
(i)the commission of offences; or
(ii) acts of violence or cruelty; or
(iii) incidents of a repulsive or horrible nature in such a way that the
publication as a whole would tend to corrupt a young person into whose
hands it might fall, whether by inciting or encouraging him to commit
offences or acts of violence or cruelty or in any other manner whatsoever.
Liability is on all who sells, lets to hire, distributes, publicly exhibits or in any
manner puts into circulation, any harmful publication, or for purposes of
sale, hire, distribution, public exhibition or circulation, prints, makes or
produces or has in his possession any harmful publication, or advertises or
makes known by any means whatsoever that any harmful publication can be
procured from or through any person. He shall be punishable with
imprisonment which may extend to six months, or with fine, or with.

SECTION 292 IN THE INDIAN PENAL CODE

For the purposes of subsection, a book, pamphlet, paper, writing, drawing,
painting, representation, figure or any other object, shall be deemed to be
obscene if it is lascivious or appeals to the prurient interest or if its effect, or
(where it comprises two or more distinct items) the effect of any one of its
items, is, if taken as a whole, such as to tend to deprave and corrupt person,
who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it.]
Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into
circulation, or for purposes of sale, hire, distribution, public exhibition or
circulation, makes, produces or has in his possession any obscene book,
pamphlet, paper, drawing, painting, representation or figure or any other
obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes
aforesaid, or knowing or having reason to believe that such object will be
sold, let to hire, distributed or publicly exhibited or in any manner put into
circulation, or
(c) takes part in or receives profits from any business in the course of which
he knows or has reason to believe that any such obscene objects are for any
of the purposes aforesaid, made, produced, purchased, kept, imported,
exported, conveyed, publicly exhibited or in any manner put into circulation,
or
(d) advertises or makes known by any means whatsoever that any person is
engaged or is ready to engage in any act which is an offence under this
section, or that any such obscene object can be procured from or through
any person, or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished 263 [on first conviction with imprisonment of either
description for a term which may extend to two years, and with fine which
may extend to two thousand rupees, and, in the event of a second or
subsequent conviction, with imprisonment of either description for a term
which may extend to five years, and also with fine which may extend to one
lakh rupees].
(Exception) —This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or
figure— (i) the publication of which is proved to be justified as being for the
public good on the ground that such book, pamphlet, paper, writing,
drawing, painting, representation or figure is in the interest of science,
literature, art or learning or other objects of general concern, or (ii) which is
kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise
represented on or in— (i) any ancient monument within the meaning of the
Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of
1958), or (ii) any temple, or on any car used for the conveyance of idols, or
kept or used for any religious purpose.]]
 UNIT – IV

MEDIA AND REGULATION:

Media in India is mostly self-regulated. The existing bodies for

regulation of media such as the Press Council of India which is a statutory
body and the News Broadcasting Standards Authority, a self-regulatory
organization, issue standards which are more in the nature of
guidelines. The former Chairman of the Press Council of India, and former
Justice of the Supreme Court, Mr. M. Katju, has argued that television and
radio need to be brought within the scope of the Press Council of India or a
similar regulatory body. We discuss the present model of regulation of
different forms of media.

PRESS COUNCIL OF INDIA

The PCI was established under the PCI Act of 1978.
The Press Council of India is a statutory, adjudicating organization
in India formed in 1966 by its parliament. It is the self-regulatory watchdog
of the press, for the press and by the press, that operates under the Press
Council Act of 1978. The Council has a chairman – traditionally, a retired
Supreme Court judge, and 28 additional members of which 20 are members
of media, nominated by the newspapers, television channels and other
media outlets operating in India. In the 28-member council, 5 are members
of the lower house (Lok Sabha) and upper house (Rajya Sabha) of the Indian
parliament and three represent culture literary and legal field as nominees
of Sahitya Academy, University Grant Commission and Bar Council of India

Complaints
The Press Council of India accepts complaints against and by the press in
matters relating to a journalist's or media organization's ethical
failures. According to Kartik Sharma, the Council can investigate and issue a
report. It also can "warn, admonish, censure or disapprove" those it finds at
fault, but it has no powers to enforce nor impose any penalty on individual
journalists and publications.
▪ Aim: It aims to preserve the freedom of the press and maintain
and improve the standards of newspapers and news agencies in
India.
▪ Composition: The PCI consists of a chairman and 28 other
members.

o The Chairman is selected by the Speaker of the Lok Sabha, the

Chairman of the Rajya Sabha and a member elected by the PCI.
▪ Functions: The functions of the PCI include

o Helping newspapers maintain their independence.

o Build a code of conduct for journalists and news agencies.
o Help maintain “high standards of public taste” and foster
responsibility among citizens.
o Review developments likely to restrict flow of news.
▪ Powers: The PCI has the power to receive complaints of violation of
the journalistic ethics, or professional misconduct by an editor or
journalist.

o The PCI is responsible for enquiring into complaints received.

o It may summon witnesses and take evidence under oath,
demand copies of public records to be submitted, even issue
warnings and admonish the newspaper, news agency, editor or
journalist.
o Decisions of the PCI are final and cannot be appealed before
a court of law.
▪ Limitations on the powers of the PCI: The powers of the PCI are
restricted in two ways.

o The PCI has limited powers of enforcing the guidelines

issued. It cannot penalize newspapers, news agencies, editors
and journalists for violation of the guidelines.
 o The PCI only overviews the functioning of print media. That
is, it can enforce standards upon newspapers, journals,
magazines and other forms of print media.
o It does not have the power to review the functioning of the
electronic media like radio, television and internet media.

1. What is the Press Council of India (PCI)? The PCI was established under
the PCI Act of 1978 for the purpose of preserving the freedom of the press
and of maintaining and improving the standards of newspapers and news
agencies in India.

2. What is the composition of the PCI and who appoints the

members? The PCI consists of a chairman and 28 other members. The
Chairman is selected by the Speaker of the Lok Sabha, the Chairman of the
Rajya Sabha and a member elected by the PCI. The members consist of
members of the three Lok Sabha members, two members of the Rajya Sabha,
six editors of newspapers, seven working journalists other than editors of
newspapers, six persons in the business of managing newspapers, one
person who is engaged in the business of managing news agencies, and three
persons with special knowledge of public life.

3. What are its functions? The functions of the PCI include among others
(i) helping newspapers maintain their independence;
(ii) build a code of conduct for journalists and news agencies;
(iii) help maintain “high standards of public taste” and foster responsibility
among citizens; and
(iv) review developments likely to restrict flow of news.

4. What are its powers? The PCI has the power to receive complaints of
violation of the journalistic ethics, or professional misconduct by an editor
or journalist. The PCI is responsible for enquiring in to complaints
received. It may summon witnesses and take evidence under oath, demand
copies of public records to be submitted, even issue warnings and admonish
the newspaper, news agency, editor or journalist. It can even require any
newspaper to publish details of the inquiry. Decisions of the PCI are final
and cannot be appealed before a court of law.

5. What are the limitations on the powers of the PCI? The powers of the
PCI are restricted in two ways. (1) The PCI has limited powers of enforcing
the guidelines issued. It cannot penalize newspapers, news agencies, editors
and journalists for violation of the guidelines. (2) The PCI only overviews
the functioning of press media. That is, it can enforce standards upon
newspapers, journals, magazines and other forms of print media. It does not
have the power to review the functioning of the electronic media like radio,
television and internet media.

6. Are there other bodies that review television or radio? For screening
films including short films, documentaries, television shows and
advertisements in theatres or broadcasting via television the Central Board
of Film Certification (CBFC) sanction is required. The role of the CBFC is
limited to controlling content of movies and television shows, etc. Unlike the
PCI, it does not have the power to issue guidelines in relation to standards of
news and journalistic conduct. Program and Advertisement Codes for
regulating content broadcast on the television, are issued under the Cable
Television Networks (Regulation) Act, 1995. The District magistrate can
seize the equipment of the cable operator in case he broadcasts programs
that violate these Codes. Certain standards have been prescribed for content
accessible over the internet under the IT Rules 2011. However, a regulatory
body such as the PCI or the CBFC does not exist. Complaints are addressed
to the internet service provider or the host. Radio Channels have to follow
the same Programme and Advertisement Code as followed by All India
Radio. Private television and radio channels have to conform to conditions
which are part of license agreements. These include standards for broadcast
of content. Non-compliance may lead to suspension or revocation of license.

7. Is there a process of self-regulation by television channels? Today

news channels are governed by mechanisms of self-regulation. One such
mechanism has been created by the News Broadcasters Association. The
NBA has devised a Code of Ethics to regulate television content. The News
Broadcasting Standards Authority (NBSA), of the NBA, is empowered to
warn, admonish, censure, express disapproval and fine the broadcaster a
sum up to Rs. 1 lakh for violation of the Code. Another such organization is
the Broadcast Editors’ Association. The Advertising Standards Council of
India has also drawn up guidelines on content of advertisements. These
groups govern through agreements and do not have any statutory powers.

8. Is the government proposing to create a regulatory agency for

television broadcasters? In 2006 the government had prepared a Draft
Broadcasting Services Regulation Bill, 2006. The Bill made it mandatory to
seek a license for broadcasting any television or radio channel or program. It
also provides standards for regulation of content. It is the duty of the body
to ensure compliance with guidelines issued under the Bill.
CENTRAL BOARD OF FILM CERTIFICATION (CBFC):

Central Board of Film Certification (CBFC) is a statutory body

under the Ministry of Information and Broadcasting, regulating the public
exhibition of films under the provisions of the Cinematograph Act 1952.
Films can be publicly exhibited in India only after they have been
certified by the Central Board of Film Certification.
The Board consists of non-official members and a Chairman (all
of whom are appointed by Central Government) and functions with
headquarters at Mumbai. It has nine Regional offices, one each at Mumbai,
Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi,
Cuttack and Guwahati. The Regional Offices are assisted in the examination
of films by Advisory Panels. The members of the panels are nominated by
Central Government by drawing people from different walks of life for 2
years.
The Certification process is in accordance with The
Cinematograph Act, 1952, The Cinematograph (Certification) Rules, 1983,
and the guidelines issued by the Central Government u/s 5 (B)

U- Unrestricted Public Exhibition (Suitable for all age groups)

U/A - Unrestricted Public Exhibition - but with a word of caution that

discretion required for children below 12 years

A- Restricted to adults (Nobody allowed under the age of 18.)

S- Restricted to any special class of persons

Guidelines
The board's guidelines are:
• Anti-social activities (such as violence) may not be glorified
• Criminal acts may not be depicted
• The following is prohibited:
 o a) Involvement of children in violent acts or abuse
o b) Abuse or ridicule of the physically or mentally handicapped
o c) Unnecessary depictions of cruelty to animals
• Gratuitous violence, cruelty, or horror
• No scenes encouraging alcohol consumption, drug addiction or
smoking
• No vulgarity, obscenity, depravity, double entendres or scenes
degrading women, including sexual violence (as much as possible)
• No denigration by race, religion or another social group
• No promotion of sectarian, obscurantist, anti-scientific and anti-
national attitudes
• Relations with foreign countries should not be affected.
• No national symbols or emblems, except in accordance with the
Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of
1950)

PRESS INFORMATION BUREAU (PIB)

The Press Information Bureau, commonly abbreviated as PIB, is a nodal

agency of the Government of India. Based in the National Media Centre, New
Delhi, Press Information Bureau disseminates information to
the print, electronic and web media on government plans, policies,
programme initiatives and achievements.

History
The Press Information Bureau was established in June 1919 as a
small cell under the Home Ministry under the British government. Its main
task was to prepare a report on India to be placed before the British
Parliament. It was then located in Shimla.
The first head of the publicity cell was Dr. L.F. Rushbrook
Williams of Allahabad University who was designated as Officer on Special
Duty. Prof. Williams had earlier worked with Sir Stanley Reed on the Central
Publicity Board.
Towards the end of 1920, the cell became the Central Bureau of
Information and the designation of the Officer on Special Duty was changed
to Director. Prof Rushbrook Williams, who was appointed as Director of the
Central Bureau of Information, described the working of the Bureau in his
evidence before the Press Laws Committee of 1921. In reply to a question,
he said: “This department, which for the sake of convenience is a sub-section
of the Home Department, is really a link between the Government and the
Press. The most important part of the duties of myself and my colleagues is
to examine the current Press, both English and vernacular, with the objective
of finding out topics in which the public is interested and on which it requires
information, and of finding out matters in connection with which the action
of the Government is criticized. Our duty is then to extract the more
important of these statements and to bring them to the notice of the
Departments concerned with the request that more information about a
given subject should be published because the public is interested; or that
particulars should be given about this matter because the public is in doubt;
or that explanations should be furnished about that matter because the
public is dissatisfied.”
On June 1, 1923, the Central Bureau of Information was put on a
permanent footing as the Bureau of Public Information.
The Director of Information in the India Office in London, A.H.
Joyce visited India in 1935 and 1936 to settle problems of the Indian Press
and to reorganize the Bureau of Public Information. Joyce laid down detailed
procedure for the issue of official releases, answering queries of journalists
and the holding of press conferences.
In 1941, J. Natrajan became the first Indian to be head the
Bureau as Principal Information Officer. The organization’s name was
changed to the Press Information Bureau in 1946.
The Bureau has been reconstituted many times since
independence of India in 1947.
Structure and Functioning of Press Information Bureau
Administratively, the Press Information Bureau is one of the media units
working under the Ministry of Information & Broadcasting, Government of
India. It is the nodal agency for public communication and media relations
for the entire Union Government of India (though some organizations have
their own outfits to look after their specialized media and publicity
functions, e.g. Ministry of External Affairs and the armed forces).
With headquarters in New Delhi, it now has a nation-wide network of 8
regional offices and 34 branch offices. Over 60 information officers are
presently in position in the Bureau. The Bureau has Information Officers
attached to different Ministries, constitutional bodies and autonomous
organizations of the Government of India. They are responsible for
information dissemination and unpaid publicity for those organizations.
The Bureau issues press releases, features, photographs, infographics and
videos for giving information to electronic, print and web media on the
following matters:
• Government Planning
• Government Policies
• Programme Initiatives
• Achievements of the Government
The Bureau has a Press Facilitation unit for press accreditation and
facilitation during press conferences and events that are open for the media.
At present, about 2500 editors, correspondents, camerapersons and
technicians from print, radio, television and web media are accredited.
Its website contains archives of press releases issued by it since 1947. It has
also launched the mobile version of its website and a mobile app.
In November 2019, the PIB set up a fact-checking unit to check government
related news.
DIRECTORATE OF ADVERTISING AND VISUAL PUBLICITY (DAVP)

The Directorate of Advertising and Visual Publicity (DAVP)

is the nodal, including public sector undertakings and autonomous bodies.
At the time of the Second World War, the Government of India asked the
leading advertisement agencies to form a consortium and set up a publicity
unit in Shimla to handle war propaganda, tackle rumour mongering, put out
messages about black-outs and handle recruitment to the armed forces.
When the war ended, this consortium was converted into its present form. It
was established in 1955 and has its headquarters in Delhi and regional
offices in Bangalore and Guwahati. Its work is further facilitated by two
regional distribution centres at Kolkata and Chennai. The Directorate
includes 4 Campaign wings, an advertising wing for print, Audio-Visual (AV)
wing, New Media & Personal Media wing, exhibition wing, mass mailing
wing, outdoor publicity wing, research wing, distribution wing and language
wing in addition to an audio-visual publicity cell.

ADVERTISING STANDARDS COUNCIL OF INDIA (ASCI)

"The Advertising Standards Council of India (ASCI)", established in 1985,
is a self-regulatory voluntary organization of the advertising industry in
India. It is a non-Government body. ASCI is committed to the cause of self-
regulation in advertising ensuring the protection of the interest of
consumers. ASCI seek to ensure that advertisements conform to its Code for
Self-Regulation, which requires advertisements to be legal, decent, honest
and truthful and not hazardous or harmful while observing fairness in
competition. ASCI look into complaints across ALL MEDIA such as Print, TV,
Radio, hoardings, SMS, Emailers, Internet / web-site, product packaging,
brochures, promotional material and point of sale material etc. ASCI’s role
has been acclaimed by various Government bodies including The
Department of Consumer Affairs (DoCA), Food Safety and Standards
Authority of India (FSSAI), Ministry of AYUSH as well as the Ministry of
Information and Broadcasting. The association with these Government
bodies is to co-regulate and curb misleading and objectionable
advertisements in the respective sectors. In January 2017, the Supreme
Court of India in its judgement has also affirmed and recognized the self-
regulatory mechanism as an effective pre-emptive step to statutory
provisions in the sphere of advertising content regulation for TV and Radio
in India. ASCI is a part of the Executive Committee of International Council
on Ad Self-Regulation (ICAS). Among several awards bestowed by the
European Advertising Standards Alliance (EASA), ASCI bagged two Gold
Global Best Practice Awards for the Mobile App "ASCI online" (2016) and for
reducing the time taken to process complaints (2013).

Origin
India has a self-regulatory organization (SRO) for advertising content
– The Advertising Standards Council of India, ASCI founded in 1985. The four
main constituents of advertising industry viz advertisers, advertising
agencies, media and allied professions came together to form this
independent NGO. The aim of ASCI is to maintain and enhance the public's
confidence in advertising. Their mandate is that all advertising material
must be truthful, legal and honest, decent and not objectify women, safe
for consumers - especially children and last but not the least, fair to their
competitors.
Members of ASCI
ASCI’s team consists of the Board of Governors, the Consumer Complaints
Council (CCC) and its Secretariat. ASCI have 16 members in its Board of
Governors, four each representing the key sectors such as
Advertisers, advertising agencies, media and allied professions such as
market research, consulting, business education etc. The CCC currently has
about 28 members: 6 are from within the industry and 8 are from the civil
society like well-known doctors, lawyers, journalists, academicians,
consumer activists, etc. The CCC’s decision on complaint against any ad is
final. ASCI also have its own independent Secretariat of 5 members which is
headed by the Secretary General.
There is no other non-governmental body in India which regulates the
advertising content that is released in India. If an ad that is released in India
seems objectionable, a person can write to ASCI with their complaint. This
complaint will be deliberated on by the CCC after providing due process to
advertiser to defend the ad against the complaint and depending on whether
the ad is in alignment with the ASCI code and law of the land, the complaint
is upheld or not upheld and if upheld then the ad is voluntarily either
withdrawn or modified.
In 2007, the Government of India amended the Cable TV Network Rules’
Advertising Code by which ads which violate ASCI code cannot be permitted
on TV.
Need for ASCI
When an advertiser is creating an ad, the consumer is his audience. The
feedback from a consumer is important to the advertiser so he can be
assured if his message has been correctly conveyed. If a consumer feels that
a particular advertisement is in bad taste or is false in its claims, they need a
body or council to whom they can air their grievances and who will take any
appropriate action, if necessary. ASCI as a self-regulatory body governing
advertising content is the ideal medium as its purpose is to serve both the
advertisers as well as the consumers.
SELF-REGULATION
Almost all professional fields have self-regulatory bodies governing their
activities. For the advertising fraternity, until 1985 there was none. Due to
this there was a lot of false, misleading and offensive advertising. This led to
consumers losing faith in advertising and hence resenting it. It was decided
that if this continued it would not take time for statutory regulations such as
censorship to be imposed on advertising content.
In 1985, the ASCI adopted a Code for Self-Regulation in Advertising. With the
introduction of the code, the aim is to promote honest and decent advertising
and fair competition in the industry. It will also ensure the protection of
consumer interests and all concerned with the ad industry - advertisers,
media, advertising agencies and others who help in the creation or
placement of advertisements.
As the fraternity starts accepting the code, it will result in fewer false claims,
fewer unfair advertisements and increased respect for advertisers.
ETHICS IN ADVERTISING
Advertising has ethical value. The mixing of Art and facts in advertising
communication are subservient to ethical principles. In today’s competitive
and buyer’s market, advertisements have to be truthful and ethical. If an
advertisement is misleading, the credibility of the organization is lost. To
view the truth in advertisement, it has to be seen from to consumer’s point
of view rather than from legal point. The advertising industry has been
frequently criticized for putting out misleading or exaggerated claims in
respect of product, goods and services advertised.
ASCI Codes
The Advertising Standards Council of India (ASCI) (1985) has adopted
a Code for Self-Regulation in Advertising. It is a commitment to honest
Advertising and to fair competition in the market-place. It stands for the
protection of the legitimate interests of consumers and all concerned with
Advertising - Advertisers, Media, Advertising Agencies and others who help
in the creation or placement of advertisements.

ETHICAL ISSUES IN ADVERTISING:

Advertising is a highly visible business activity and any lapse in ethical
standards can often be risky for the company. Some of the common examples
of ethical issues in advertising are given below:
• Vulgarity / Obscenity used to gain consumers attention
• Misleading information and deception
• Puffery
• Stereotypes
• Racial issues
• Controversial products (e.g. alcohol, gambling, tobacco etc)

ASCI Guidelines
Automotive & Safety - Advertisers are encouraged to depict advertisements,
in a manner which promotes safe practices, e.g. Wearing of helmets and
fastening of seatbelts, not using mobiles/cell phones when driving, etc.
Educational Institutions - Parents are known to make great personal
sacrifices to enable their children to get the right education. A significant
amount of advertising activity that is currently happening reflecting the vast
variety of educational programs which are being offered.
Foods & Beverages - Advertising can have a positive influence by
encouraging a healthy, well balanced diet, sound eating habits and
appropriate physical activity. Caution and care therefore should be observed
in advertising of Foods & Beverages especially ones containing relatively
high Fat, Sugar and Salt.
Disclaimers in an Advertisement - “Supers” should be clearly legible and on
TV advertisements should be held long enough for the full message to be
read by an average viewer on a standard domestic TV set.

Self-Regulation Media Content

Media self-regulation is a joint endeavour by media professionals to
set up voluntary editorial guidelines and abide by them in a learning process
open to the public. By doing so, the independent media accept their share of
responsibility for the quality of public discourse in the nation, while fully
preserving their editorial autonomy in shaping it.
The nature of media self-regulation
Is self-regulation about political content? Never. Self-regulation is not
censorship and not even self-censorship. It is about establishing minimum
principles on ethics, accuracy, personal rights and so on, while fully
preserving editorial freedom on what to report and what opinions to
express.
Is self-regulation about a failure-free press? Nobody’s perfect. Besides,
publicly expressed criticism will always be perceived as incorrect by those
scrutinized. Self-regulation helps the media respond to legitimate
complaints, and correct mistakes in a trial-and-error way.
Who are the players? Self-regulation is a pledge by quality-conscious media
professionals to maintain a dialogue with the public. A complaint mechanism
is set up to deal with justified concerns in a rational and autonomous way. In
the media, obviously only those outlets whose journalists, editors and
owners seek to produce a responsible press would engage in this dialogue.
Self-regulation can be set up both industry-wide and in-house. Outside the
media, political institutions and public figures are usually the main providers
of complaints, as reporting and commenting on their activities is an
important job for the serious media. But equally interested partners could
be civil society’s protagonists such as business and labour, religious and
minority organizations, traditional and newly established interest groups,
and, of course, individual members of the public.
Why is media self-regulation good for the press? By promoting standards,
self-regulation helps maintain the media’s credibility with the public. This is
particularly welcome in new democracies, most of which are also new to an
independent press. Media self-regulation helps convince the public that the
free media are not irresponsible. At the same time, self-regulation protects
the right of journalists to be independent, and to be judged for professional
mistakes not by those in power but by their colleagues. When it comes to
correcting factual errors or violations of personal rights by the press,
satisfaction over the judgments of self-regulatory bodies lessens pressure on
the judiciary system to sanction journalists.
Why is media self-regulation good for the public? It is quite natural for media
consumers to seek guarantees about the value of journalists’ information.
Codes of ethics provide guidance on editorial standards, while complaint
mechanisms offer a kind of “quality insurance”. Complaints launched with
self-regulatory bodies come at no cost, unlike court proceedings. This is a
considerable advantage for the average citizen. There are benefits for
complaining politicians, such as the speedy resolution of disputes, and the
satisfaction of seeing mistakes acknowledged publicly and voluntarily by the
press.
Why is media self-regulation good for democracy? Democracy is not only
about disputes. It is also about a shared culture of disputing in a rational and
fair manner. Governments, even if freely elected, are participants in the
political contest and therefore are not best-suited to enforce rationality and
fairness. Besides, democracy is incompatible with 12 state custody of the
press. Media self-regulation is an effort to impose democracy’s political
culture, independent of political forces. It also advances the transition from
a government-owned, state-controlled press to one owned and controlled by
civil society

AREAS OF MEDIA ETHICS

Media ethics: Issues of moral principles and values as applied to the conduct,
roles, and *content of the mass media, in particular journalism ethics and
standards and marketing ethics; also, the field of study concerned with this
topic. In relation to news coverage it includes issues such
as impartiality, objectivity, balance, bias, privacy, and the public interest.
More generally, it also includes stereotyping, taste and
decency, obscenity, freedom of speech, advertising practices such as product
placement, and legal issues such as defamation. On an institutional level it
includes debates over media ownership and control, commercialization,
accountability, the relation of the media to the political system, issues arising
from regulation (e.g. censorship) and deregulation.
Ethics of journalism
The ethics of journalism is one of the most well-defined branches of media
ethics, primarily because it is frequently taught in schools of journalism.
Journalistic ethics tend to dominate media ethics, sometimes almost to the
exclusion of other areas. Topics covered by journalism ethics include:
• News manipulation. News can manipulate and be manipulated.
Governments and corporations may attempt to manipulate news
media; governments, for example, by censorship, and corporations by
share ownership. The methods of manipulation are subtle and many.
Manipulation may be voluntary or involuntary. Those being
manipulated may not be aware of this. See: news propaganda.
• Truth. Truth may conflict with many other values.
o Public interest. Revelation of military secrets and other sensitive
government information may be contrary to the public interest,
even if it is true. However, public interest is not a term which is
easy to define.
o Privacy. Salacious details of the lives of public figures is a central
content element in many media. Publication is not necessarily
justified simply because the information is true. Privacy is also
a right, and one which conflicts with free speech. E.g.: paparazzi.
o Fantasy. Fantasy is an element of entertainment, which is a
legitimate goal of media content. Journalism may mix fantasy
and truth, with resulting ethical dilemmas. E.g.: National
Enquirer, Jayson Blair scandal, Adnan Hajj photographs
controversy.
o Taste. Photo journalists who cover war and disasters confront
situations which may shock the sensitivities of their audiences.
For example, human remains are rarely screened. The ethical
issue is how far should one risk shocking an audience's
sensitivities in order to correctly and fully report the truth.
E.g. photojournalism.
 • Conflict with the law. Journalistic ethics may conflict with the law over
issues such as the protection of confidential news sources. There is
also the question of the extent to which it is ethically acceptable to
break the law in order to obtain news. For example, undercover
reporters may be engaging in deception, trespass and
similar torts and crimes. See undercover journalism, investigative
journalism.
Online journalism
The Internet has shaped and redefined various ethical and moral issues for
both online journalists and journalists utilizing online resources.
While some journalists continue to adhere to ethical principles of traditional
journalism, many journalists believe that with the absence of a mutually
agreed upon code of ethics specifically pertaining to internet ethics, and lack
of literature dealing specifically with the ways in which the Internet impacts
media ethics in journalism online, the online environment poses new threats
to the profession.
Some of the core issues of media ethics in online journalism include
commercial pressures, accuracy and credibility (which include the issues
dealing with hyperlinks), verification of facts, regulation, privacy, and news-
gathering methods.
Ethics of entertainment media
Issues in the ethics of entertainment media include:
• The depiction of violence and sex, and the presence of strong language.
Ethical guidelines and legislation in this area are common and many
media (e.g. film, computer games) are subject to ratings systems and
supervision by agencies. An extensive guide to international systems
of enforcement can be found under motion picture rating system.
• “Fluff or “Celebrity News”: Over the years, print media has been dying
out so journalists began to report on what is referred to as “Celebrity
News”, or “Fluff.” As more outlets adopt this topic to report on, people
become dependent on them. According to Alden Weight, most people
know not to completely trust these outlets due to ethical
discrepancies, but the issue arises when people who are not as mature
or educated find these reports to be completely true.
 • Product placement. An increasingly common marketing tactic is the
placement of products in entertainment media. The producers of such
media may be paid high sums to display branded products. The
practice is controversial and largely unregulated. Detailed
article: product placement.
• Advertising: Attraction and persuasion are currently found in modern
journalism. It is found that these methods of advertising may alter an
audience's point of view of what is realistic and falsified information.
• Stereotypes. Both advertising and entertainment media make heavy
use of stereotypes. Stereotypes may negatively affect people's
perceptions of themselves or promote socially undesirable behaviour.
The stereotypical portrayals of men, affluence and ethnic groups are
examples of major areas of debate
o

▪ Women in Media: Entertainment media often exploits

female bodies by objectifying and de-humanizing them. By
doing so, the concept of female bodies being bought and
sold becomes common.
▪ Media outlets usually use either images or imagery of
female bodies to counter negative news that is provided
throughout the day.
• Taste and taboos. Entertainment media often questions of
our values for artistic and entertainment purposes. Normative
ethics is often about moral values, and what kinds should be enforced
and protected. In media ethics, these two sides come into conflict. In
the name of art, media may deliberately attempt to break with existing
norms and shock the audience. That poses ethical problems when the
norms abandoned are closely associated with certain relevant moral
values or obligations. The extent to which this is acceptable is always
a hotbed of ethical controversy. E.g.: Turner Prize, obscenity, freedom
of speech, aesthetics.
Media and democracy
In democratic countries, a special relationship exists between media and
government. Although the freedom of the media may
be constitutionally enshrined and have precise legal definition and
enforcement, the exercise of that freedom by individual journalists is a
matter of personal choice and ethics. Modern democratic government
subsists in representation of millions by hundreds. For the representatives
to be accountable, and for the process of government to be transparent,
effective communication paths must exist to their constituents. Today these
paths consist primarily of the mass media, to the extent that if press
freedom disappeared, so would most political accountability. In this area,
media ethics merges with issues of civil rights and politics. Issues include:
• Subversion of media independence by financial interests.
• Government monitoring of media for intelligence gathering against its
own people.

Media integrity
Media integrity refers to the ability of a media outlet to serve the public
interest and democratic process, making it resilient to
institutional corruption within the media system, economy of influence,
conflicting dependence and political clientelism. Media integrity
encompasses following qualities of a media outlet:
• independence from private or political interests
• transparency about own financial interests
• commitment to journalism ethics and standards
• responsiveness to citizens
Digital media ethics
Digital news media includes online journalism, blogging, digital
photojournalism, citizen journalism and social media. It talks about how
journalism should interact and use the 'new media' to publish stories
including how to use texts and images provided by other people.
Ethics of images
There are new ethical issues due to the new image technology. Citizens now
have the availability to take pictures and videos from easier and faster ways
like smartphones which allow them to not only collect information but also
edit and manipulate it.
This convergence of ease of capture, ease of transmission, and ease of
manipulation questions the traditional principles of photojournalism which
were developed for non-digital capture and transmission of pictures and
video.
The main issues regarding the new image technology is that the newsroom
cannot trust the easily obtained images and also the limit of the image edit.
It is vague and very difficult to decide the borderline of image manipulation.
It is very complicated and still a dilemma to clarify the principles of
responsible image making and ethics on it.
Attempts to develop a universal code of media ethics
Within the last two decades, numerous regional discussions have taken
place in Europe, Latin America, Africa, and Asia in order to create a universal
code of ethics for the information society.
One of the core issues in developing a universal code for media ethics is the
difficulty of finding a common ground between ethical principles from one
culture to another. Also, such codes may be interpreted differently according
to various moral and legal standards.
UNESCO INFO ethics Congresses
The ethical facet of the global information society has been on
the UNESCO (United Nations Educational, Scientific and Cultural
Organization) agenda since 1997, when the organization initiated their first
INFO ethics Congress.. The objective of this summit was to spark debate on
the ethical dimension of the global information society. The UNESCO INFO
ethics Congresses then met in 1998 and 2000, where specialists coming from
a wide range of educational, scientific, and cultural environments addressed
the ethical dimensions of global media and information.
 UNIT V

MEDIA AND SOCIAL RESPONSIBILITY:

Media ethics and social responsibility have always been important but
never so much as today. Information, like knowledge, is power. Hence
intelligence gathering was from early times basic to statecraft. The liberal
revolution that followed the Reformation and Renaissance democratised
information. But none of this compares with the communications revolution
ushered in our own lifetime by the satellite and the chip, and the computer
and the internet. This has created an instant world, shrinking space and time.
Convergence and miniaturisation have given us the cell phone and the iPod,
and we now can hold the world in the palm of one hand. This has in turn
created an entirely new medium called the social media, manifested in the
Web, YouTube, Facebook, and Twitter. Information is now popular power
and not just state power.
The press has been transformed from select opinion sheets to news-papers
per se, providing the public, in theory, with all the news that is fit to print.
But apart from constraints of space, there have been compulsions of
ideology, ownership interests, political preferences and pressures, and such
other considerations. And likewise, in the broadcast media. If the body
demands a healthy and varied diet, so does the mind. Bias, misinformation,
and disinformation can be as insidious and dangerous as food or drug
adulteration.
Standards and ethics are therefore vitally important in the media world,
which has graduated from being the Fourth Estate—alongside the executive,
legislature, and judiciary—to becoming virtually the First Estate, sought and
feared by all.
Governance, as much as life, revolves around communication, which triggers
responses and actions. Given the technology now available, the global 24x7
media is most often the first to get and disseminate news, way ahead of
intelligence agencies, the government, the military, corporates, or anybody
else. It sets the agenda, tone, and parameters of discussion, and relays back
responses.
This position of immense information power obviously entails a
corresponding individual and social responsibility of the media, from the
reporter, photographer, copy-editor, news editor, and up the line to the
analysts and editor. How and what they sift make them gatekeepers.
The media, in this sense, holds a position of trust and social responsibility
that makes newspapers and broadcast channels public trustees of news,
informed comment, and good taste. This is as much an ethical and social
responsibility as a legal one. By law, the Editor is the one finally responsible,
although publishers as owners and managers obviously matter.
This is the theory—the ideal situation. But we live in a world of pressures,
ambitions, competition, ego, cupidity, human frailty, and folly. Costs have
soared. No surprise then that for some, or much, or most of the media,
“mission” has been corrupted into “commerce” combined with the arrogance
of power. News and images can be created to suit given needs to create a
new virtual reality.
The Japanese play “Rashomon” tells of a murder of a prince at a crossroads
in the forest at dusk that is witnessed by a woodcutter, a merchant, and a
robber. The event is first portrayed as it happened. The rest of the play
consists of the subjective versions of what happened as told by the three
others as observed from their vantage points and “edited” by their states of
mind. So, do we have one truth and three stories, or are there many sides of
the truth? The media has therefore to report all sides of a story and provide
the background and perspective for its better understanding. This may be
possible not at one go, but through careful investigation and follow-up. But
then we find owner and advertiser interests and angles coming into play.
Sources can be subjective, and leaks motivated and selective, to give colour
to events in line with the demands of interested parties. Information may be
carelessly collected, fed from a poisoned chalice, or poorly collated or
trivialised to create sensation. It may even be fabricated or distorted to
create misinformation or disinformation. Haste to beat the competition,
make “breaking news,” or win dubious TRP ratings or self-glory, can result
in error, invasion of privacy, failure to double check, trial by the media, and
other ills. With rising costs, economic slowdown, and falling advertising,
owners look to make more money to recoup past investments and amortise
debt. Some lust for more. Hence the abolition of Editors as an unnecessary
nuisance, and the phenomenon of paid news and private treaties whereby
newspaper magnates get shares in companies in lieu of advertising and then
play the market–a phenomenon that has alarmed the Securities and
Exchange Board of India. Cross-media holdings and corporate investments
in the media are changing ownership and editorial relationships. Political
parties, advertisers, the entertainment people, event managers, and the
underworld all seek media power. Information is power—and profit and
patronage too. Media credibility has been eroded. These trends are not
entirely peculiar to India. They represent a global phenomenon. The News
of the World scandal in the United Kingdom is illustrative of what goes
on. Somehow in India there is a myth that democratic societies do not have
media regulation. This is incorrect. Article 19(1a) (2) allows imposition of
“reasonable restrictions” on freedom of speech and expression on specified
grounds. We have several laws that impinge on the media, but the courts
have been a shield and have helped expand the freedom of expression.
The Press Council is a weak instrument. There is no statutory complaints
commission for the electronic media although some informal broadcast
tribunals have been set up with a limited reach of some 40 members against
over 800 news channels! Self-regulation clearly has not worked and
regulation by the state, now under consideration, has aroused a good deal of
alarm. Attempts at controls and censorship must and will be resisted. But
just as powerful, high-speed cars are only safe given good brakes and traffic
controls, today’s immensely powerful media needs some measure of
regulation to ensure matching responsibility.
The Right to Information has played a great role in bringing sunshine,
transparency, and accountability in the conduct of public affairs. But the
demand widely aired for free access to government and institutional
processes of decision-making is dangerous and if acceded to can lead to
anarchy, or compel decisions to be taken orally or recorded in doubly secret
files. Tax dodgers keep double accounts. We should not compel decision
makers to maintain double entry files. Complex and delicate issues of
governance cannot be thrashed out in the marketplace by the demos or the
multitude in the name of participative democracy. That would be
mobocracy.
Social media is ubiquitous and can play a vital role in on-the-spot, I-was-
there reporting. Citizen journalism is likewise narrow-focussed, subjective,
and unmediated. The worm’s eye view is limited. Disinformation is in
constant competition with information and is the mainstay of psychological
warfare. Social media, in wrong hands, can play havoc as it did during and
after the Kokrajhar riots in Assam in 2012, causing thousands of North-
Easterners to flee Bangalore, Hyderabad, and Mumbai for fear of revenge
killings. Likewise, the more recent Muzaffarnagar riots were sparked by the
uploading on the internet of a two-year old clip, of some killings in Pakistan,
that was mischievously morphed to generate communal passions here.
One antidote to such negative trends could be a genuinely autonomous
public broadcasting service. Unfortunately, the Prasar Bharati has been
emasculated by the government, the Parliament, the advertisers, the
entertainment world, and the commercial media, all of whom would prefer
to see and label it as an official trumpet. The private commercial channels
must earn their keep and therefore cater to the upmarket advertiser. A
public service broadcaster like the Prasar Bharati is on the contrary charged
with catering to the extraordinarily diverse publics of India, that is, to the
common citizen. With so many living below or scarcely above the poverty
line, while all consumers are citizens, not all citizens are advertisement-
relevant consumers. The tragedy is that the difference has simply not been
understood in this information age when access to information empowers
and enlarges democratic participation and accountability. I have spoken of
the troughs but not the peaks of the Indian media. These too are there and
we must draw inspiration from them. Overall, however, ethics and social
responsibility must remain the watchwords of the Indian media.

The media that exists in our Country is heavily influenced by the ownership
form it takes. There are a number of factors – such as content distribution,
profits etc. There exist some very basic ownership Patterns.

Individual Ownership Pattern – In this kind of partnership, the Individual

has control, which allows him to take decisions for the company. Therefore,
he takes responsibility for all the Policy – making decisions and is also
accountable for them. It is best suited for small-scale media houses, be it
newspaper or news channel. An example of this are the Local Evening
Newspapers that usually follow this kind of ownership control. The News
Today is a daily English Newspaper that is printed out of Chennai. It covers
news, politics, economy and travel.

[Advantages] In this kind of ownership, power comes in the form of

individual and absolute control, which gives the person more secrecy in
options. Along with it, the individual can make decisions at his own pace
(which is usually fast) and is naturally more connected with the content and
the newspaper.
[Disadvantages] However, the secrecy stops the employees from any kind
of democratic participation. The owner becomes liable for the debts and
losses and the rate of success depends entirely on his ability. There is less
scope for expansion and unlimited responsibility.

Partnership Ownership Pattern - As per the Partnership act 1932,

Partnership is defined as ‘the relationship between persons who have
agreed to share profits of a business carried on by all or any of them acting
for all. The minimum limit is 2 partners while the maximum is set to 20
partners. There are 2 kinds of partnership – General and Limited. In India,
Red Chilies Entertainment is an example of Partnership. It is a motion
picture production and distribution company, it is headed by Shah Rukh
Khan and Gauri Khan and operates under various divisions like Film
Production, VFX, Television shows, TVC production and the IPL Team, KKR.
Sanjiv Chawla is the executive producer while SRK and Gauri are the
chairman and chairwoman respectively. Venky Mysore took over the CEO a
few years back.
[Advantages] In this kind of partnership, responsibility, maintenance and
operation cost can be divided. People with different talents come together
and pitch in their ideas and solutions which helps in the growth of the
company and also sets a democratic environment for all.
[Disadvantages] In a partnership, selfish motives of a partner might harm
the firm. Lack of unity and misunderstandings might lead to losses after
which each partner will have to incur and pay back his share of debt. Also,
there are chances of a partnership/ business getting discontinued after the
death of any partner.

Corporation – It is the one of the most common forms of ownership pattern.

The minimum numbers that can be a part of it are 5. It is an association of
individuals under the authority of the law, which has a continuous existence
independent of the existence of its members and powers and liabilities
distinct of its members. The BBC group is an example of a corporation. They
are spread across web portals, television and radio. Increasing capital can
easily expand operations and transfer of control is flexible. However,
cooperation taxes are imposed
Group/ Chain Ownership – This form of ownership is when two or ore
same mediums are handled by the same organization. They are formed
without a common holding but with a chain of command. Hindustan has 13
editions that are printed in Hindu, under HT Media. Aaj Tak and Headlines
Today are two different channels but are held under the same organization
i.e. India Today group. The advantages of this kind of partnership are that
financial, administrative and human resources can be centrally managed.
Because of this cost of production becomes low due to best possible
utilization of resources – this adds to better training, work environment and
more facilities being provided. However, permanence of management is
always in question because management is divided.

Employee Ownership Pattern - In this form of Partnership, employees

own a major part of the share. They are also responsible for the decision-
making. E.g.: Community Media like the Bangalore based advocacy group
VOICES organized a gathering of community radio stakeholders. During the
inception 1996, a group of radio broadcasters, policy planners, media
professionals, and non-profit groups joined hands to study how community
radio could be relevant to India and what policies were needed. They wanted
All India Radio to allocate an hour of airtime each day to community
broadcasting
[Advantages] In this, Employee issues can be solved faster and it becomes
easier to break interdepartmental barriers. Also, the sense of ownership that
the employees own helps the organization to grow faster.
[Disadvantages] However, it gets difficult to induct new people and
employees tend to get more preference than the benefit of the organization.
It also becomes difficult to take quick decisions.

Vertical Ownership Pattern- In this, an organization owns or operates

different media enterprises or some other enterprise under the same
ownership. E.g.: India Today Group, Living Media or Big Media-Reliance
group. The India Today Group has Mail Today, Business Today, Aaj Tak and
Headlines Today under itself – making it a combination of magazines,
newspapers and TV Channels, yet they still fall under the same ownership
i.e. the India Today Group.
[Advantages] It helps to promote different enterprises at the same time and
reduced general expenses but
[Disadvantages] in this management may not be able to devote sufficient
time to any one particular media. Also, since the capital is invested in all
media forms, a particular media form might not get the attention that it
ought to.

Prevalent Ownership Pattern - The 3 types of prevalent ownership

patterns are Conglomerate, Company and Trust.

1. Conglomerate ownership Pattern – It is a combination of two or more

companies engaged in different business that fall under one corporate
structure. A Media Conglomerate is a multi-industry company that owns a
large number of companies in various media such as TV, Radio, and Internet
etc.
Examples are Viacom, Living Media Ltd., The Walt Disney Company, Bennett
Coleman & Co. Ltd. Etc. Viacom is the fourth largest conglomerate in the
World after the Walt Disney, News Corporation and Time Warner. Viacom
has its assets in Nickelodeon, Paramount pictures, MTV, Comedy Central,
VH1 etc. Reliance Industries Limited are also an example of one of the most
famous conglomerates in India.
[Advantages] – The Diversification results in reduction of investment risk
and creates an internal capital market. Also, the downturn suffered by one
subsidiary can be counterbalanced by another.
[Disadvantages] However a lack of focus and culture clashes can destroy
the value. This form tends to have extra layers of management, which
increases the cost.

2. Company Ownership Pattern - In this type of ownership, the company

owns the media. The same company tends to have listed shares in the share
market. For e.g.: HT media has shares in BSE, NSE, KK Birla Group has 69%
stake in HT Media, HT manages newspaper, radio etc. similarly, Reliance has
a stake in GBN (Global Broadcast News) which operates the English Channel
CNN-IBN and Hindi channel IBN7.

3. Trust ownership Pattern - A trust is a relationship whereby property (real

or personal, tangible or intangible) is held by one party for the benefit of
another. An example of this is The Tribune Trust. It was founded on 2nd
February 1881 by Mr. Sardar Singh Majithia and is run by a trust comprising
of 5 trustees. It enjoys worldwide circulation and publishes 2 other
newspapers also – The Punjabi Tribune and Dainik Tribune. This kind of
partnership focus more on welfare and not on profit making.
Advantages of this ownership pattern are that it focuses on real news rather
than sensationalizing it. There are also not too many people which result in
lesser clashes and more harmony. However, they might face a shortage of
funds. Sometimes, it also takes time to reach the masses, as they don’t
indulge in promotional activities.

These ownership patterns decide the business models, profit engagement

and the content produced and distributed by the Media. Financial flows,
recovery of costs for creating, assembling and presenting the product are all
determined by their outcomes.

MARGINALISATION
A welfare-oriented democratic state, if it has to exist requires a free and
independent media. The mass media acts as with dual purposes of creating
awareness among masses and also highlighting the problems in
administration. The first can be termed as ‘educative objectives’, while the
latter can be termed as ‘watchdog objectives’.
Prabash (2005) views that media has a therapeutic value in a democracy.
But, it can be seen that the Indian mass media gives no space in reporting
news concerning Dalits, minorities and women. There is also a perceived
urban-rural bias as well, all of which can be seen more in the visual media as
well as the social media. One can see that commercialization of mass media
can also be blamed for such marginalisation. For instance, the Indian
Premier League (IPL) gets more coverage compared to the Ranji Trophy
even though the latter has more local players and local flavour. The recently
concluded 35th National Games never got the coverage it required in the
mainstream English newspapers compared to India’s preparation to the
cricket World Cup. The paper is divided into two sections. The first section
tries to substantiate the fact that the Indian mass media has ignored the
coverage of issues concerning the marginalised groups. The second section
tries to reason why this is so. The last section discusses some
recommendations in light of the reasons for this marginalisation.
INDIAN MASS MEDIA AND MARGINALISED GROUPS
Before we understand the dynamics of marginalisation by the media, we
should the groups which are marginalised. The first group which has been
effectively marginalised by the Indian mass media is the Dalits. For example,
the states of Tamil Nadu and Odisha saw lots of movements against the
prevailing untouchability and access to temples. The Dalits entering the
temples where they have never entered for generations and all never
entered into the main pages of our newspapers or in the prime time of our
news channels as well. On the other hand, isolated protests by certain
sections against reservations held in New Delhi were widely covered. So it
implies that there is not just lack of coverage on Dalit issues but also a biased
reporting against them. The second group which never occupied any place
in the Indian media was the tribals. The issues covering them regarding like
mining, development induced displacements; malnutrition, forest rights,
livelihood issues etc never occupied any centre-stage in our mass media. The
tribes doesn’t constitute the majority and nor they are their audience. The
third major group which also feels let down by the mass media is women.
The issues facing women like inequality, crimes, marginalisation etc are
never highlighted in the media. The case started improving recently when
media started to report the crimes against women especially in the urban
centre. Here one also needs to understand the fact that many a times the
victims in such urban crimes against women are from middle or upper-
middle class. This bias can be seen when the recent Uber case in Delhi which
occupied lots of media space for a long time but same such crimes against
Dalit women in rural areas were never reported much. The fourth group
which is conveniently excluded is labour. The capitalist production system
aims at earning profit through maximizing revenue and minimizing cost. The
Cobb-Douglas production function is a typical case of such a system. In the
conflict between capital and labour when it comes to cost-reduction, the
labour is always at a disadvantaged position. The media being part of the
capitalist system also sides with the capital in such issues. This can be
substantiated by the lack of reporting on issues related to workers like
strikes, retrenchment, working conditions etc. Such issues are never
reported because they conflict with the interests of the capital which many
times even owns the media. The concentration of capital in some fields also
leads the media to exclude other.
IPC 353
Whoever assaults or uses criminal force to any person being a public servant
in the execution of his duty as such public servant, or with intent to prevent
or deter that person from discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by such person to the
lawful discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

Defining Sedition
1. Sedition was not a part of the original IPC that was enacted in 1860 —
it was introduced in 1870, when it was said it had been dropped from
the original IPC draft by mistake.
2. Under Section 124A of the IPC, the offence of sedition is committed
when any person by words or otherwise brings or attempts to bring
into hatred or contempt, or excites or attempts to excite disaffection
towards, the government established by law.
3. Three explanations added to the provision lay down that while
“disaffection” shall include disloyalty and all feelings of enmity,
comments without exciting or attempting to excite hatred, contempt
or disaffection, will not constitute an offence.
4. Sedition is a cognizable, non-bailable and non-compoundable offence
under the law, entailing life imprisonment as maximum punishment,
with or without a fine.
How was this provision of the IPC used by the government of the British
Raj?
1. It came in handy to silent nationalist voices and demands for freedom
— the long list of India’s national heroes who figured as accused in
cases of sedition.
2. Lokmanya Tilak was sentenced to six years in jail after he was held
guilty of sedition by the Privy Council for writing a piece in his
newspaper, Kesari, under the heading “The misfortune of the country”.
 3. However, ‘sedition’ was interpreted differently by the Federal Court
that started functioning in 1937, and the Privy Council, which was the
highest court of appeal based in London.
4. The Privy Council underscored the law laid down in Tilak’s case to
hold that incitement to violence was not a necessary precondition for
constituting the crime of sedition.
5. It held that excitement of feelings of enmity to the government was
sufficient to establish guilt under Section 124A.
How has the Supreme Court interpreted Section 124A since
Independence?
1. In 1962, the Supreme Court dealt with an appeal by one Kedar Nath
Singh from Bihar, who had been convicted and jailed under the charge
for delivering a derogatory speech.
2. In his appeal to the top court, Singh questioned the constitutional
validity of Section 124A, contending it stifled his right to free speech
under Article 19 of the Constitution.
3. The court faced two directly conflicting interpretations of Section
124A — one by the Federal Court in Niharendu Dutt’s case; the other
by the Privy Council in the Sadashiv Narayan Bhalerao case.
4. The judgments expressed contradictory views on whether the
incitement to violence or a tendency to disturb public order was a
necessary ingredient of the offence under Section 124A.
Supreme Court ruling in the case
1. The court examined whether the constitutionality of Section 124A
could be protected as a reasonable restriction on the right to free
speech, with particular reference to the security of the state and public
order.
2. It upheld the constitutional validity of Section 124A in the IPC by
holding that the purpose of the crime of sedition was to prevent the
government established by law from being subverted.
3. This is because the continued existence of the Government established
by law is an essential condition of the stability of the State.
What then is sedition?
1. The Constitution Bench of the Supreme Court ruled in the Kedar Nath
case that any act that had the “effect of subverting the Government” by
violent means or create public disorder would come within the
definition of sedition.
2. The feeling of disloyalty to the Government established by law or
enmity to it imports the idea of tendency to public disorder by the use
of actual violence or incitement to violence.
3. In other words, any written or spoken words, etc., which have implicit
in them the idea of subverting Government by violent means, which
are compendiously included in the term ‘revolution’ is sedition, ruled
the court.
What is not sedition?
1. The court ruled that disapproval of the measures of government with
a view to their improvement or alteration by lawful means is not
sedition.
2. Comments, however strongly worded, expressing disapprobation of
actions of the Government, without exciting those feelings which
generate the inclination to cause public disorder by acts of violence”
would not attract the penal offence.
3. The court added that “commenting in strong terms upon the measures
or acts of Government, or its agencies, so as to ameliorate the condition
of the people or to secure the cancellation or alteration of those acts or
measures by lawful means is not sedition.
4. That is to say, without exciting those feelings of enmity and disloyalty
which imply excitement to public disorder or the use of violence, is not
sedition.
5. A citizen has a right to say or write whatever he likes about the
Government, or its measures, by way of criticism or comment, so long
as he does not incite people to violence against the Government
established by law or with the intention of creating public disorder.
Hate Speech and its Causes
Hate Speech is defined as “Speech that carries no meaning other than the
expression of hatred for some group, such as a particular race, especially in
circumstances in which the communication is likely to provoke violence.”
To decide whether a speech (in any form) amounts to Hate Speech or not,
the effect of words must be judged from standards of a reasonable, strong-
minded, firm and courageous man, and those of weak and vacillating minds,
not of those who scent danger in every hostile point of view.
It seems that negative stereotypes are leading us to think of other individuals
as inferior and less worthy of respect, thus expressing this notion through
propaganda filled with hate. The reason why negative stereotypes occur is
because of the systems of oppression- discriminatory structures,
institutions, and norms deeply embedded in the fabric of the society, or
when group identity is affirmed, through a distinction between “us” and
“them”. Stereotypes are the ways of reinforcing an identity or an “ism” to
give higher identity to “our” group over “their”.
Further, the stubbornness to stick to a particular ideology and not allow any
other one to co-exist or to out-rightly refuse any alternate thought leads to
intolerance and bigotry, which echoes its parochialism through hate speech.
Hate speech doesn’t have to be explicitly hateful, it might be rooted in “love”-
love for self’s country, community, religion, or group identity. This love is so
confined to one’s own, and develops into fanaticism that it denies any other
contrary free thought.
Another reason which gives voice to the Hate Speech is the sense of
superiority of oneself over another and thus the urge for dominance over the
other groups or communities. This feeling of superiority or having an upper-
hand over another leads to the brewing of haughtiness, which in turn boils
down to hatred and expresses itself through hate speech. The Nazis, and
their belief of the Nordic Aryan blood being the supreme, led to hateful terror
upon others – the torture meted out to the Jews is a form of extreme
incitement and hate crime, having its origin in the instigation brought about
by the Nazi leaders.
The prejudice towards another community, arising out of false notions and
misconceptions based on myths, leads to the development of bias and
stereotypes against a particular group, leading to strong contempt. This
contempt is mutually shared by the whole group, against another, leading to
an upsurge of hate and a strong demand to oust the other.
Hate Speech and Freedom of Speech
The Constitution of India provides freedom of speech and expression to all
citizens of India. It is recognized as one of the most essential features that a
free democratic country must provide. However, the said right comes with
certain reasonable restrictions as well. The critics of restricting freedom of
speech often argue that it would amount to taking away the liberty of an
individual. However, under the guise of exercising intrinsic rights, many
perpetrate the crime of hate speech, giving rise to an air of distrust, and
terror. It must be understood that liberty is there for everyone. If in the name
of free speech, a Hate Speech is given which marginalizes certain persons,
then the liberty of those is taken away.
In the 267th Report of Law Commission of India, it was stated that “Liberty
and equality are contemporary and not antithetical to each other. The
intention of having the freedom of speech is not to disregard the weaker
sections of society but to give them an equal voice. The intent of equality is not
to restrain this liberty but to balance it with the necessities of a multicultural
and plural world, provided such constraint does not unduly infringe on the
freedom of expression. Thus, incitement to not only violence but also to
discrimination has been recognized as a ground for interfering with freedom
of expression.”
Laws Regulating Hate Speech
Sections 153A and 153B of Indian Penal Code, 1860 make any act a
punishable offence that incites or promotes disharmony or feeling of enmity
or hatred between different religious or racial or linguistic or regional
groups or castes or communities. The objective of having such a provision
was “to check fissiparous communal and separatist tendencies and secure
fraternity so as to ensure the dignity of the individual and the unity of the
nation”.
Section 295A of Indian Penal Code, 1860 provides for punishment for any
act done by anyone with deliberate and malicious intention to outrage the
religious feelings of any class of the citizens, insults or attempts to insult
the religion or the religious beliefs of that class of citizens. Under S. 295A
what is required to constitute an offence, is the presence of both, namely, the
intention must be deliberate and malicious. However, the Supreme Court
in Ramji Lal Modi v. State of Uttar Pradesh held that “Section 295A makes
crime only grave types of conduct involving abuse to religion or religious
beliefs. The provision does not punish every act of or attempt to, insult religious
beliefs of a class of citizens, but only those aggravated forms of abuse to
religion which are executed with the deliberate and malicious intention of
outraging the religious feelings of a class of citizens.” It is important to note
that section 295A is restricted to offending the feelings of Indian Citizens
only, while the one doing that offending act may be a citizen as well as non-
citizen.
Under Section 298, punishment is prescribed for any act committed with the
deliberate and malicious intention of hurting the religious feelings of any
person. Thus, it is restricted to protect the hurting of any religious feeling
only, however, unlike Section 295A, it protects any person, whether citizen
or non-citizen.
Section 505(1) and 505(2) makes the making, publishing or circulating of
any statement or rumour an offence, which is likely to incite any class or
group of persons to commit any offence against other class or group of
persons, or promotes or is likely to promote feelings of enmity, hatred or ill-
will between different religious, racial, language or regional groups or castes
or communities. In Section 505(2), words “whoever makes, publishes or
circulates” cannot be interpreted disjunctively but only as supplementary to
each other. If it is construed disjunctively, any person, making a statement
that may attract section 505, would be held liable without any publication or
circulation.
One important feature of sections 153A and 505(2) of IPC is that there must
be at least two groups or communities involved. Mere abuse of the feeling of
a community or group without any reference to any other community or
group, cannot attract either of the two sections.
In Criminal Procedure Code, 1973 as well there are provisions related to
such acts. Section 95 gives power to State Governments to forfeit any
publications that are offence under sections 124A, 151A, 153B, 292, 293, or
295A of Indian Penal Code, 1860. Section 107 gives power to Executive
Magistrate to prevent a person from committing any act that may disturb the
peace and tranquillity of the society.
Section 8 of Representation of People’s Act, 1951 puts a bar on a person,
from contesting the election, who has been convicted of illegitimate use of
freedom of speech and expression. Sections 123(3A) and 125 prohibit the
promoting of animosity on the grounds of religion, race, caste community or
language in reference to election and terms it, as corrupt electoral practices.
Conclusion
Hate Speech is the starting point in the chain of marginalizing and putting a
particular class of persons under fear of threat. If it is protected in the name
of freedom of speech and expression then it will lead to violation of
principles on which a free and democratic country is built on. One can throw
his/her arms only to the extent they do not hit anyone else.
When it comes to the law of hate speech responsible for inciting communal
passions, the fundamental reality in India is not the abuse of law, but
persistent refusal to enforce it. Proper measures should be taken to prevent
the spread of Hate Speech. The state’s prime objective should be to provide
a secular, pluralist and multicultural environment so that there is harmony
and peace which aids free interplay of ideas in order to promote growth and
development.