1

INTRODUCTION

"Knowledge will forever govern ignorance. And the people who mean to be their own
governors must arm themselves with the power that knowledge gives. A popular
government without popular information or the means of acquiring it, is but a prologue to
a farce, or a tragedy, or perhaps both”1 .

Industrialization and scientific research have revolutionized the world. The multi
dimensional changes can be felt by a person who has witnessed the development through
various stages. The most significant development of contemporary times is the mass
media. Mass media is a wide terminology which includes all the forms through which
information and entertainment can be disseminated. It has emerged as a powerful fourth
estate which is exploding into a fantastic omnipotent weapon stabilizing and de-
stabilizing the other three organs of the State; and it is being amplified by the constant
growth of the electronic media- i.e., television, cinematographic films, radio, video,
internet etc., as well as the print media- i.e., newspaper, magazines, pamphlets, etc. No
one can remain untouched by the display of power of the fourth estate; and it has become
routine life of an individual where he feels unenthusiastic and lifeless creature without it.

The reasons for the growth of media are that it comes across a powerful resource which
influences, controls and stimulates innovation in society; and thus is a mirror image of
the social realities. The main functions of the media in society, according to Lasswell, are
surveillance of environment, correlation of the parts of the society in responding to its
environment and the transmission of culture heritage 2 . It aims at expressing the dominant
culture and recognizing sub culture and new cultural developments as well as forging and
maintaining commendability of values. With constant development of the media and
realization of its impact, the whole scenario has now changed.

Generally an organised Society is the pre-condition for Civil liberties. There can be no
right which is injurious to the community as a whole. However, if the people were given

1
Per James Madison as quoted in Donald H. Johnston, Encyclopedia of International Media and
Communication p.11, 2003
2
H. D.Lasswell, Propaganda Techniques in the War,p.86, 1971
 2

complete and absolute liberty without any social control, the result would be ruin. Liberty
of one must not offend the liberty of others. Patanjali Shastri, J., observed, "man as a
rational being desires to do many things, but in a civil Society his desires have to be
controlled, regulated and reconciled with the exercise of similar desires by other
individuals" 3 .

The mass media has evolved out of the love of the people for expressing themselves.
Therefore, it is a necessary extension of the freedom of speech and expression which is
generally addressed to public at large. The speech and expression gives vent to the innate
feelings, sharing of information and ideas and lays fo undation of constant progress of the
value system in the society, i.e., ethical, social and political, etc. Yet this freedom cannot
be absolute but requires a control as unrestricted freedom of speech and expression can
be used to propagate hate speeches, defamation, obscenity, indecency, public disorder,
sedition, chaos and confusion, etc.

Mass Media

The mass media can be defined as diversified media technologies intended to address and
reach a large audience for the purpose of providing information, entertainment and
communication. The technologies, through which the communication takes place, ranges
from Broadcast media i.e., radio, musical recordings, cinematograph films, television,
internet; to Print media, i.e., newspapers, books, magazines, comics 4 , etc. However the
list is not exhaustive and includes also billboards, signs or placards, flying billboards,
blimps, skywriting 5 , public address system, mobile communication, websites, blogs and
other forms of communication and advertisement. The efficacy of mass media lies in its
communication outreach skills, spontaneity and low costs.

Johannes Gutenberg’s invention of the printing press in 1453 gave rise to some of the
first forms of mass communication, by enabling the publication of books and newspapers

3
A.K. Gopalan v. State of Madras, AIR 1951 SC 21
4
David Risemen, Nather Gazer and Reve Denny, The Lonely Crowd, p.50, 1950
5
Uttara Manohar “Different Types of Mass Media” at www. Bu zzle.co m/articles/ different ty pes of mass
med ia.ht ml/ 31-7-14
 3

on a scale much larger than was previously possible 6 . The invention also transformed the
way the world received printed materials. Newspapers developed from about 1612, but it
took them until the 19th century to reach a mass-audience directly. The increase in
circulation, however, led to a decline in feedback and interactivity from the readership,
making newspapers a more one-way medium 7 .

The phrase "the media" began to be used in the 1920’s 8 . The notion of "mass media" was
generally restricted to print media up until the post-Second World War, when radio,
television and video were introduced. The audio- visual facilities became very popular,
because they provided both information and entertainment, as the colour and sound
engaged the viewers/listeners. Moreover, it was easier for the general public to passively
watch TV or listen to the radio than to actively read. In recent times, the Internet has
become the latest and most popular form of mass media. Information is readily available
through websites, and easily accessible through search engines. One can do many
activities at the same time, such as playing games, listening to music, and social
networking, irrespective of location. Whilst other forms of mass media are restricted in
the type of information they can offer; the internet comprises a large percentage of the
sum of human knowledge through such things as google books. Modern day mass media
consists of the internet, mobile phones, blogs, podcasts and RSS feeds 9 .The organizations
that control these technologies, such as television stations or publishing companies, are
also classified as the essential component of mass media 10 . The mass media can be
classified to include the following including the houses that are involved in the
transmission;

1. Print media including books, pamphlets, newspaper, magazines, sign boards,

hoardings etc.

6
Slav ieo Spilichal,“ In pursuit of Socialized Press” Radical Mass Media criticism: A cultural genealogy,p.
41, 2006. See also Carl R. Ramey,Mass Media Unleashed ,2006
7
J.E. Newhagen,“ The Role of feedback in assessing the news on Mass Media and the
Internet”,Encylopedia of library and information science, vol. 65, p. 210,1999. See also John
Nerone,“Approaches to Media History”, A companion to Media Studies, p. 102, 2006
8
Asa Briggs and Peter Burke ,“Social History of the Media” , p.1, 2010.
9
Peter J.Fourie, Media Studies: Media History, Media and society, pp. 154-160 , 2008.
10
W.James Potter, Arguing for a general framework for mass media scholarship, p. 32, 2008.
 4

2. Recordings including cassettes, magnetic tapes, gramophone records, CDs, DVDs

etc.
3. Radio channels including FM stations.
4. Cinematographic films including the digital and animation graphics.
5. Television channels.
6. Internet including all the formats of communication i.e., web chatting, e- mails,
blogs, websites, social media, etc.
7. Mobile phones communication.

Each mass media has its own content types, its own creative artists and technicians, and
its own business models. However five characteristics of mass communication have been
identified as the significant characteristics;

1. It comprises of both technical and institutional methods of production and

distribution.
2. It involves the "commoditization of symbolic forms", as the production of
materials relies on its ability to manufacture and sell large quantities of the work.
Just as radio stations rely on its time sold to advertisements, and newspapers rely
for the same reasons on its space.
3. It separates contexts between the production and reception of information.
4. Its reach to those 'far removed' in time and space, in comparison to the producers.
5. Its ability of information distribution - a "one to many" form of communication,
whereby products are mass-produced and disseminated to a great quantity of
audiences 11 .

The development of media as a powerful source is primarily attributed to the advertising.

Be it may, the print media or electronic media, the running of either enterprise involves a
huge expenditure. The media enterprise cannot thrive in the absence of advertisements.
Therefore, the advertising has the principal driving force behind the flourishment of the
mass media. Advertising, in a broad sense, has been part of economics, since at least the
beginning of trade. Merchants have always shouted out the advantages of their goods in

11
John Brookshire Tho mpson, The Media and modernity : A social Theory of Mass Media , pp.26-28,1995
 5

the market place. The oldest known written advertisement is a 3000-year old Babylonian
tablet requesting the return of a slave. Shop signs and board signs affixed to walls, posts
or trees were common advertising devices in all civilization prior to Newspapers 12 ,
followed by the advertising through public announcements and using folk theatres. Then
the invention of printing by moveable type ushered in a new age of commercial
communication. The first printed advertisement in English appeared in 1977, the year
after William Caxton set his first press in England. By the middle of the seventeenth
century, British newspapers had adopted advertising as an intrinsic part of their contents.
But the revolution in advertising was brought about by the Americans. The first daily
newspaper in the American colonies devoted as many as ten of its sixteen newspaper
columns to advertising13 . As America became more industrialized, especially from the
1880's to the 1920's,mass-appealing advertising paralleled the mass production of goods.
Nationwide advertising directed the public's attention to the increasing variety and
quantity of products distributed on a nationwide basis. Mass production gave urgency to
the creation of a mass market, so that all that was made could be sold, rather than piling
up in warehouses. By the 1870's they were using relatively sophisticated marketing
surveys and marketing strategies. Most advertising during this period focused on the
product- its construction, its performance, its uses, its price, and its advantages. Product-
information advertising aimed both to familiarize the newspaper reader with the national
brand and to introduce new products and educate the consumer as to their purposes.
Many of the claims made for products were excessive and often mendacious, bringing
advertising into disrepute well before the turn of the century.

After the 1920's, the product information model was replaced by a model of competitive
mass advertising that stressed product imagery and product personality. This advertising
placed commodities within natural or social sittings i.e.; a garden, a home, a party
attended by sophisticated people, etc. in order to project the meanings and values
associated with those settings onto the commodities. Influenced by the new forms of

12
“The Social and Cultural Effects of Advertising”, Communication Research Trends Journal. Vol.14,
1994
13
Ibid
 6

advertising, the meaning of the commercial exchange altered fundamentally: people paid
money for product image and personality instead of product utility, as in earlier
transactions. A combination of factors interacted to promote the emergence of product
image and product-personality advertising between the 1920's and the early 1950's.
Among the most significant were technological innovations, especially photography and
radio. The technological developments offered better opportunities for product
presentation. Radio's sound transcended distance and time limitations in transmitting
commercial messages. The realistic representations of photography conveyed images in
ways that older forms of illustration could not. Advertisers used the possibilities of
photography by intensifying the symbolic association between goods and the consumer's
self- image. These possibilities in advertising stimulated the development of emotional,
affective. or 'mood' advertising. Under the influence of photography facts about the
product had to give way to product fictions, and utility became less important than
fantasy. Likewise, marketers exploited the potential of radio by commercializing its
content and revolutionizing advertising's form. With data about prospective consumers-
including geography, social and psychological characteristics and buying behavior the
advertiser could more easily reach distinct market segments with appropriate commercial
messages. Greater affluence and the popularity of television, among other things, made it
easy for advertisers- to promote the lifestyle ethic. Advertising told commercial stories
that linked the individual to a social group or an economic class and associated products
with the style of' consumption of that group or class.

The lifestyle format widened even more the gap between advertising on the one hand,
and utilitarian messages and their "reason-why" logic, on the other. Commercial
television and refined demographic research strategies stimulated lifestyle advertising.
Time became expensive when commercial television was the medium. The original one-
minute commercial, replaced by the thirty-second one, became a fifteen-second flash
because of rising costs. This had a significant impact on the presentation; little time was
left for reasoned argumentation, comparative analysis, or meaningful product
information.
 7

Consumers are now divided into market- lifestyle segments characterized by "psycho
graphical" features which describe all their buying preferences. According to Hal
Himmelstein, "The ultimate goal of this research approach is to develop a group's so-
called psychographic portrait, consisting of generally applicable personal values,
attitudes, and emotions". Using such a "portrait," advertisers could better identify and
exploit the wishes and fantasies of potential consumers.

Advertising today uses all the many arrows in its quiver: information, image, personality,
and lifestyle and the same is made possible by the media galore. How it mixes these for a
particular campaign also depends on what factors are present: the kind of product or
service being sold, intended audience, the character of the actual audience, the product or
service type. The context in which it will he used, and the medium by which the message
is transmitted 14 . Thus the advertising is not only part of mass media but the life blood for
it.

Media power can be used for good, for example encouraging children to play sport.
However, it can also be used for bad, for example children being influenced by cigars
smoked by film stars, their exposure to sex images, their exposure to images of violence
and their exposure to junk food ads . A main concern is that due to this immense power
of the mass media (being able to drive the public opinion), media disseminating
inaccurate information could cause the public opinion to support the wrong cause.
However media performs certain important functions in the society, viz.,

The Knowledge Gap: The mass media influences knowledge gaps due to factors
including "the extent to which the content is appealing, the degree to which information
channels are accessible and desirable, and the amount of social conflict and diversity
existing in a community".

Agenda Setting: People are influenced in how they think about issues due to the
selective nature of what media choose for public consumption. Thus the media has the
ability to change how the public thinks and behaves. When wanting to set an agenda,

14
Ibid
 8

framing can be invaluably useful to a mass media organisation. Framing involves "taking
a leadership role in the organisation of public discourse about an issue". The media is
influenced by the desire for balance in coverage, but on account of political and
ideological preferences often deliver a biased coverage.

Changing Perceptions : The extent to which media exposure shapes audience

perceptions over time is known as cultivation. Since the 50s, when cinema, radio and TV
began to be the primary or the only source of information for a larger and larger
percentage of the population, they were considered as central instruments of mass
control. Thus Mass media plays a significant role in shaping public perceptions on a
variety of important issues, both through the information that is dispensed through them,
and through the interpretations they place upon this information. They also play a large
role in shaping modern culture, by selecting and portraying a particular set of beliefs,
values, and traditions, as reality.

Broad Horizon: Lack of local or specific topical focus is a common criticism of mass
media. A mass media outlet is often forced to cover national and international news due
to necessity to cater to and be relevant for a wide demographic. As such, it has to skip
over many interesting or important local stories because they simply do not interest the
large majority of their viewers.

The term "mass" suggests that the recipients of media products constitute a vast sea of
passive, undifferentiated individuals. This is an image associated with some earlier
critiques of "mass culture" and mass society which generally assumed that the
development of mass communication has had a largely negative impact on modern social
life, creating a kind of bland and homogeneous culture which e ntertains individuals
without challenging them. However, interactive digital media has also been seen to
challenge the read-only paradigm of earlier broadcast media. Whilst some refer to the
mass media as "opiate of the masses", others argue that is a vital aspect of human
societies. By understanding mass media, one is then able to analyse and find a deeper
understanding of one's population and culture.
 9

The media rights are the extension of 'freedom of speech and expression', whichis
generally stated in wide terms and includes not only freedom of speech which manifests
itself by oral utterances, but freedom of expression, whether such expression is
communicated by written words or printed matter. Thus, Freedom of media, particularly
of newspapers and periodicals, is a species of which the freedom of expression is a
genus 15 . The media thrives on the viewership; and for the proper outreach, it has to
increase its circulation and publication.

16
In Romesh thappar v. The State of Madras , the court held that there can be no
doubt that freedom of speech and expression includes freedom of propagation of ideas,
and that freedom is ensured by the freedom of circulation. Liberty of circula tion is as
essential to that freedom as the liberty of publication. Indeed without circulation, the
publication would be of little value.

The expression Freedom of media/ press has not been used in Indian Constitution
but it is comprehended within Article 19(1)(a) of the Constitution. During the framing of
the Constitution this Article 19 was Article 13 of the draft Constitution. Majority of the
members wanted explicit inclusion of freedom of press in it as it is necessary to safeguard
against “Under mining the authority of foundation of the State”, which is a tall order and
the absence of it makes the freedom of speech and expression virtually ineffectual. They
thought that it will be difficult for the citizens to get a sedition law invalidated, however
flagrantly such a law may be violating their civil rights 17 . However it was conceded that
the Constitutional guarantees merely facilitate the achievement of personal rights, which
are essentially of an inward character, to be secured by the exercise of reason and proper
conduct. The rights of an individual have to give way to the public interest. The freedom
of speech and expression including freedom of press is necessary, yet the regulation of it
is important for the development of a nation and society.

15
Press Co mmission Report, 1954, p.358.
16
AIR 1950 SC 124
17
Per DamodarSwarup Seth, K. T. Shah
 10

Article 19(1) guarantees to the citizens of India six freedoms 18 .These six freedoms,
however, are not absolute and it is qualified by Article 19(2) which permits making of
laws by the State to put restrictions in the interest of the sovereignty and integrity of
India, the security of the State, public order, decency and morality, contempt of Court,
defamation, incitement to an offence and friendly relations with foreign States 19 .

This shows that even though India did not expressly insert any provision in the
Constitution dealing with the Freedom of media, the Indian courts by purposeful
interpretation have included that in the Constitution. Since the right flows from the
freedom of speech and expression, the liberty of Press stands on no higher footing. In
other words, the Press is like the citizen and no special privilege attaches to it 20 . Under
the Constitution the Press cannot claim any high er right than the ordinary citizen 21 and is
subject to the laws of the land. Thus, it is not immune from the tax-laws or from the
general laws relating to industrial relations, penal actions, etc 22 . Each of the above rights
is, therefore, restricted by the Constitution itself by conferring upon the State a power to
impose by law reasonable restrictions as may be necessary in the larger interests of the
community. A law made by the legislature imposing restrictions on the Freedom of Press
in India would be open to judicial review on the principles deduced from clause (2) of
Article 19. This means that the judgment of the legislature in imposing such restrictions
is not final, but would be open to challenge on the ground of unconstitutionality. The
validity of a restriction requires the establishment of two conditions namely: one, the
restriction must relate to any of the grounds specified in clause (2) of Article 19; and two,
the restriction must be reasonable, both substantively and procedurally 23 . A restriction
becomes procedurally unreasonable where the law empowers the administrative authority
to impose the restriction upon his subjective satisfaction, without affording an

18
Freedom of 'Speech and expression', 'peaceable assembly' , 'association', 'free movement', 'residence' and
'practising any profession and carrying on any business'. Originally Art.19, guaranteed seven freedoms.
The freedo m to hold, acquire and dispose of property was repealed in 1978.
19
Indian Express Newspaper v. Union of India, (1985) 1 SCC 641
20
Justice Surinder Singh, “Press Freedom”, The Tribune, June 4, 1989
21
M.S.M. Sharma v. Krishna Sinha, AIR 1959 SC 395
22
Express Newspapers Ltd. v. Union of India, AIR 1958 SC 578
23
Virendra v. State of Punjab, AIR 1957 SC 896
 11

opportunity of being heard to the person to be affected 24 . Substantive reasonableness of a

restriction upon the Freedom of media would predicate that the restriction should aim at
'regulation' 25 , as distinguished from a complete control of the media by the government,
though in certain situations, regulation may include 'prohibition'.

In the Bennett Coleman case26 , Beg. J., observed- " In fact, 'regulation' and not extinction
of fundamental right which is to be regulated is, generally speaking, the extent to which
permissible restrictions may go in order to satisfy the test of reasonableness" 27 .Though in
normal times and circumstances, 'reasonable' restriction under Article 19(2) should stop
at 'regulation', under emergent or abnormal circumstances, 'reasonable restric tion' may
include a total prohibition28 , provided the law provides for other safeguards 29 .The
foregoing general interpretation of 'reasonable restrictions' has been resorted to uphold a
total ban on the entry of a newspaper or newspapers into a specified area provided-

(i) The order was temporary and for a definite specified period;

(ii) The order was directed to those newspapers which published matter which was
prejudicial to any of the social interests mentioned in Article 19(2), e.g., public
order;

(iii) There was a provision for a representation to the authority making the order or to
his superior 30 .

Thus the Court can upheld a censorship order on newspapers, if it is necessary for the
prevention of breach of the peace provided it was limited to a temporary period 31 .The

24
Ibid
25
Bennett Coleman v. Union of India, AIR 1973 SC 106
26
Ibid.
27
Ibid
28
Narendra v. Union of India, AIR 1960 SC 450
29
Babulal v. State of Maharashtra, AIR 1961 SC 884
30
Ibid
31
Ibid
 12

restriction imposed should not be excessive, and its object should be to ensure that the
liberty of the Press/ Media is exercised with responsibility 32 .

The condition of procedural reasonableness relates to the mode in which the restriction
has been imposed by the impugned law. Thus, restriction would be unreasonable if the
circulation or entry of a newspaper into an area is prohibited by the Government without
providing for any representation by the party affected.

Freedom of expression, which is the life jacket of the mass media, has four broad social
purposes to serve:

(i) It helps an individual to attain self fulfillment;

(ii) It assists in the discovery of truth;

(iii) It strengthens the capacity of an individual in participating in decision making,

and;

(iv) It provides a mechanism by which it would be possible to establish a reasonable

balance between stability and social change. All members of society should be
able to form their own beliefs and communicate them freely to others.

Though the media autonomy is recognized under the right to freedom of speech and
expression being implicit in it as highlighted through judicial pronouncement i.e. Ramesh
Thapper v. State of Madras33 ; Brij Bhushan v. State of Delhi 34 ; Virender v. State of
Punjab35 ;R.Rajgopalan v. State of Tamilnadu36 ; Sakal Newspaper Pvt. Ltd. v. Union of
India 37 ; Hamdard Dwakhana v. Union of India 38 ; Bobby Art International v. Ompal
Singh39 ; Bennett Coleman and company limited v. Union of India 40 ; Tata Press Ltd. v.

32
Ibid
33
AIR 1950 SC 124
34
AIR 1950 SC 129
35
AIR 1957 SC 896
36
(1994) 6 SCC 632
37
AIR 1962 SC 305
38
AIR 1960 SC 554
39
AIR 1996 SC 1846
40
AIR 1986 Bo m. 321
 13

Maha Nagar Telephone Nigam Ltd41 ; New York Times v. Sullivan42 ; Oliver v.
Buttigeig 43 ;Flood v. Times Newspaper Limited44 ;Owen Robert Jennings v. Roger Edward
45
Wyndham Buchanan ;Nebraska Press Assn. v. Stuart46 ;Gannett co. v. Depasquale47 ,
etc.

However it is also a part of the story that this autonomy is not absolute but is subject to
reasonable restrictions under Constitutions as well as various statutes passed to regulate
the media autonomy. In order to achieve harmonious balance, there are plethora of
legislations regulating the media autonomy in India, USA and UK like The Provisions of
Constitution of India; The Press Council Act, 1978; The Press and Registration of Books
Act, 1867; Provisions of Indian Penal Code, 1860; The Contempt of Court Act,1971;
The Prasar Bharti (Broad Casting Corporation of India) Act,1990; The Cable Television
Network Act, 1995; Press (Objectionable Matter) Act, 1951; The Cinematograph Act,
1952; Drugs and Magic Remedies ( objectionable Advertisement) Act,1984; The
Competition Act, 2005;Monopolies and Restrictive Trade practices Act,
1969;NewsPaperPreservation Act48 ; Sports Broadcasting Act 49 ; Protecting Children In
the 21st Century Act 50 ; Controlling the Assault of Non-Solicited Pornography and
Marketing Act51 ; the ‘CAN-SPAM Act of 2003’52 ; The Children and Young Persons
(Harmful Publications) Act 53 ;Vagrancy Act 54 ; Contempt of Court Act, 1981; The
Indecent Representation Act, 1964; Broadcasting Act 1981, etc.

In sum, the fundamental principle involved here is the people's right to know. Freedom of
speech and expression should, therefore, receive a generous support from all those who
41
(1995)5 SCC 139
42
376 US 254(1964)
43
(1996) 2 A ll ER 459
44
(2012)UKSC 11
45
(2005) 1 AC 115
46
427 US539 (1976)
47
443 US 368 (1979)
48
15 USC 1801
49
15 USC 1291
50
15 USC 6551
51
Act of 2003
52
15USC 7701
53
Children and Young Persons (Harmful Publication) Act, 1955
54
Vagrancy Act 1824
 14

believe in the participation of people in the administration. It is on account of this spe cial
interest which society has in the freedom of speech and expression that the approach of
the government should be more cautious while imposing restrictions on media. Thus the
freedom of media and its regulation are necessary for an ordained society.

JUSTIFICATION

In the contemporary times the impact is so grave that the mass media is dictating the life
patterns, taste and values to the individuals this bringing about a total turn around in
individuals life. Though it has brought the world closer but has open the human mind to
many vices of which majority of the populace was ignorant, especially in relation to
India, which is consider to be a close knit traditional society being proud of its value
system. It has cast a devastating effect eroding the value system making it more open for
which the society was not yet ready.

Further more in its zeal for investigative journalism the mass media has highlighted the
latent vices of the Indian system further corrupting the mind of a common man. The
incest relationship as well as gruesome murders and criminal acts are now-a-days
considered to be the breaking news for the mass media. This type of dissemination
especially is harmful for the younger generation who are immediately attracted to such
vices.

At times, the media people in order to fetch news encroach upon the lives of the people in
such a way that it leads to a feeling of estrangement and disconnection from the
community on account of media coverage. They are afraid to move out and try to avoid
the media and the public gaze. The anguish gripples them against the media for having
constructed and represented their private lives to the public. The media appetite for
investigative journalism is insatiable and for them every interviewer is a good informer
regardless of his ability to give an informed opinion. They even don’t spare the private
discourses which are not for public viewing and consumption. This exposure makes the
person undergo traumatic experience and imposes prolonged stress and disruption on the
person leading to the damage of social bonds.
 15

Media Autonomy is sine qua non for a healthy society only if it is promp ting the right
kind of journalism strengthening the virtues of the system but if it not following the
ethical norms of journalism then censorship is essential in order to safeguard the society
from onslaught of obscenity and vices.

Moreover in the name of entertainment, obscenity has been brought to the forefront
which is also having a negative impact on moral values. The impact of the social media
in the lives of the people; its propensity of propagation of obscene literature, hate
speeches, rumour mongering and other intimate messaging services has been the other
area of concern.

At times the media reporting can have adverse affects on the relationship between
individuals of different community or religion as well as between nations. This is
generally seen when reporting is being done with respect to the communal clashes or
when any matter is published which impinges upon the religious feelings e.g., reporting
on Babri Masjid, Godhra Kand reporting, operation Blue Star, publishing cartoon of
Prophet Mohammed, love jehad, Sai Baba debate, writings of Taslima & Salman
Rushdie 55 , etc. In such events the media should remember its role as peace maker and not
abettors, to be troubleshooters and not troublemakers; their best efforts should be directed
towards building national solidarity and to re-cement communal harmony.

The media uses the advertising power for its economic stability but the way they
advertise for its economic stability but the way they advertise the products is often
classified as indecent, vulgar and obscene. Though advertising is an intellectual exercise,
but the use they use the female figure to advertise the products which has no relevance to
the figurative presentation of the females. In addition to it the mew ways of advertising
which does not spare the private sites is also creating a problem because such unsolicited
commercial electronic mail often includes the names of obscene sites or obscene literature
and products.

55
Ed itorial, “Needless and nasty controversy”, The Hindu, Feb., 9, 2006. See also Clifford Christan&
Michael Traber, Communication Ethics and Universal Values,1997; Davis Gorden,et al., Controversies
in Media ethics, 1996.
 16

The common technique with media to attract readers and viewers is sensationalisation of
the news which often casts a negative impact on the people. Such sensationalisation
disturbs the peace and public tranquility, instead of promoting solidarity in the society.

The latest form of media i.e. internet, mobile phones, etc. has further complicated the
situations in India and the Indian populace is getting influenced by the western culture
and styles. This shift from the closed cultured traditional society to open cultured modern
society has further brought certain vices in India. Huge amount of obscene and
pornographic is being disseminated through the internet sites which are reading
accessible to the young persons. In the absence of proper parental control and effective
regulation by the government, it is difficult to check the onslaught.

RESEARCH PROBLEM

On account of the above justification the researcher thought it pertinent to explore the
autonomy of the media and its regulatory mechanism especially in the Indian settings.

Hence forth the researcher has conceived the research problem, “Media Autonomy and
Censorship: A study in Indian Pers pective” for the purposes of present study.

The researcher has tried to put in her best efforts in understanding the contours of media
functioning; its effect on people; the legal regime granting and regulating the media
power. Yet there may be areas which the researcher has inadvertently not touched, as the
topic is very vast and scattered in various statutory enactments. However, the researcher
has covered the major and important legislations and the decisions of the courts granting
autonomy to media and prescribing a regulatory mechanism.

OBJECTIVES

The above mentioned problem shall be prosecuted keeping in view following objectives;

1) To determine the contours of mass media, its nature and types.

2) To understand the working of media in contemporary times.
3) To understand the relationship between media and society.
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4) To determine the contours of decency and obscenity in media publication.

5) To determine the extent of investigative journalism/ media trials.
6) To determine the extent of freedom and regulation on electronic media.
7) To determine the extent of freedom and regulation on media
advertisements.
8) To determine the extent of freedom and regulation on media reports.
9) To determine the efficacy of laws concerning regulation of air frequencies.
10) To identify the constitutional and statutory provisions regulating media
autonomy.
11) To highlight the role of judiciary in preserving and regulating media
autonomy.

RESEARCH QUESTIONS

Keeping in view the above objectives the researchers has identified following research
questions for the purpose of present study:

1) The media people are aware about their role in the society in India.
2) Sensualisation of advertisements is important for the sale of the products.
3) Sensitization is directly related to increase the demand of the channel/
newspaper.
4) Obscenity is irrelevant concept in contemporary times.
5) Investigative journalism assists the courts in decision making.
6) Effective legal regime in regulating media autonomy is lacking in India.
7) Judiciary effectively regulates the media functioning in India.

RESEARCH METHODOLOGY

In the background of the above, the researcher aspired to undertake the conceived
research problem, for an in-depth “expositor probing”. The “expositor probing” has its
genesis in “doctrinal legal research methodology”. The results of such expository probing
have been presented systematically, scientifically, methodologically, analytically and
analogically. Doctrinal analysis therefore remains the defining characteristics of
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academic legal research. In practice even doctrinal research analysis usually makes at
least some reference to other, external factors as well as seeking answers that are
consistent with the existing body of rules. Within the common law jurisdictions legal
rules are to be found within statutes and cases (the so urces of Law) but it is important to
appreciate that they cannot in themselves, provide a complete statement of the law in any
given situation. This can only be ascertained by applying the re levant legal rules to the
particular facts of the situation under consideration. They clarify ambiguities within
rules, place them in a logical and coherent structure and describe their relationship to
other rules. The method of doctrinal research is characterized by the study of legal
texts 56 .

CHAPTERISATION

The whole study has been chapterised by the researcher as under:

In the Introductory chapter the researcher has introduced the brief contours of media, its
types and utility in the society. The researcher has pinpointed the principal regulatory
mechanism, i.e., the constitutional and statutory provisions in India, UK & USA as well
as highlighted the necessity for effective regulatory mechanism on media powers.

The next chapter titled,” Media Contours and Evolution: The legal Regime in Pre -
Constitutional India” discusses in depth the media evolution, its forms, its role and
function in any ordained society. It also incorporates the evolution of media laws in India
from the ancient times to pre- Independence era. Principally during this phase it was the
press which was the dominant form of media, therefore, majority of the laws evolved
aimed at giving power to the press and emphasized on the regulation of the press.

The next chapter titled, “Media Autonomy and Regulation: International and
Constitutional Perspectives” discusses at length the International instruments and
conventions dealing with the media autonomy and its regulation. The study also includes
the detailed discussion relating to the constitutional provisions concerning media

56
Chynoweth Paul, “Legal Research”, Advanced Research Method in the Built Environment, pp.29-33,
2008
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autonomy and regulation in India, UK and USA. The analyses of the significant
judgments also add to the richness of the chapter.

The next chapter titled, “Statutory provisions and Print Media: Indian and Foreign
experiences” discusses at length the major statutory instruments dealing with print
media. The chapter details the position of India, USA and UK. The important judicial
decisions are also being discussed in the chapter.

The next chapter titled, “Laws relating Electronic Media: A comparative study”
discusses at length the major statutory instruments dealing with electronic media. The
chapter details the comparative position of India, USA and UK. The important judicial
decisions concerning the laws regulating electronic media are also part of the study in this
chapter.

Finally the researcher has enlisted the concluding observation in the last chapter titled;
“Conclusion and Suggestions”. The suggestions based on the concluding observations
are humbly believed by the researcher shall be a pointer in the direction of improvement
concerning media autonomy and regulation in India. The significant suggestions inter-
alia include the following heads, i.e., Media Ownership, Media Ethics, Information,
Obscenity, Advertisement, Anti-Social behavior, Cultural- Invasion, Investigative
journalism/ Media Trial, Communal Harmony, Contempt of House and Court, Media
sources, Defamation, Privacy and Superstitions.