EDUCATOR OF DELHI

BA LLB 4th SEMESTER

LAW AND MEDIA -2

(BL-4002)

BY MUKESH KIRAR

UNIT – 2
QUES 1:- What do you know about Prasar Bharti (Broadcasting
Corporation of India) ? What are the function performed by Prasar
Bharti.
ANS :- Prasar Bharati is the public broadcasting corporation of India. It
was established on 23 November 1997 through an act of Parliament and
is headquartered in New Delhi. Prasar Bharati operates two national
television channels, Doordarshan (DD National) and DD News, and two
national radio networks, All India Radio (AIR) and FM Gold. It also
operates a network of regional television and radio stations, as well as
an international channel, DD India.
The main functions of Prasar Bharati are to:

1. Provide impartial and comprehensive news and

information to the public: As the public broadcasting
corporation of India, Prasar Bharati is responsible for providing
impartial news and information to the public through its
television and radio networks.

2. Promote education and cultural development: Prasar

Bharati works to promote education and cultural development
through its programming. It produces and broadcasts programs
on a wide range of topics, including science, technology, history,
art, and culture.

3. Promote national integration: Prasar Bharati works to

promote national integration by broadcasting programs in
different languages and promoting cultural diversity.

4. Provide entertainment: Prasar Bharati produces and

broadcasts entertainment programs, including dramas, music
shows, and sports programs.
 5. Preserve and promote traditional knowledge and
practices: Prasar Bharati works to preserve and promote
traditional knowledge and practices by producing and
broadcasting programs on traditional art forms, crafts, and
medicinal practices.

6. Promote international understanding: Prasar Bharati

operates DD India, an international channel that broadcasts
programs on India's culture, history, and current affairs to
audiences around the world. DD India also broadcasts programs
from other countries to promote international understanding.

7. Conduct research and development: Prasar Bharati

conducts research and development to improve its programming
and to keep up with advances in technology.
In summary, Prasar Bharati plays a vital role in providing public
broadcasting services to the people of India. It operates a wide range of
television and radio networks, produces and broadcasts programs on a
wide range of topics, and works to promote education, cultural
development, national integration, entertainment, traditional
knowledge, and international understanding.
QUES 2:- What according to the Chanda Committee were the reasons of
failure of AIR mention the recommendations of the Chanda Committee.
ANS :- The Chanda Committee was appointed in 1975 to examine the
functioning of All India Radio (AIR) and make recommendations for its
improvement. The committee identified several reasons for the failure
of AIR to meet its objectives, which are discussed below.

1. Lack of Autonomy: The committee observed that AIR was

heavily influenced by political considerations and lacked
autonomy. It recommended that AIR should be given greater
autonomy to ensure impartiality and independence.

2. Inadequate Coverage: The committee noted that AIR's

coverage was inadequate, especially in rural areas. It
recommended that AIR should expand its coverage and increase
the number of transmitters to improve reception in remote areas.

3. Poor Quality Programming: The committee found that AIR's

programming was of poor quality and lacked variety. It
recommended that AIR should improve the quality and variety of
its programming to better meet the needs of its audience.

4. Lack of Audience Feedback: The committee observed that

AIR did not have an effective system for obtaining feedback from
 its audience. It recommended that AIR should establish a
mechanism to obtain regular feedback from its audience to
improve the quality of its programming.

5. Inefficient Use of Resources: The committee found that AIR

was not making efficient use of its resources. It recommended
that AIR should rationalize its staffing and improve the efficiency
of its operations.

6. Lack of Professionalism: The committee noted that AIR's

staff lacked professionalism and training. It recommended that
AIR should provide better training to its staff to improve their
skills and professionalism.

7. Insufficient Funding: The committee found that AIR's funding

was insufficient to meet its needs. It recommended that AIR's
funding should be increased to ensure that it could carry out its
activities effectively.
The Chanda Committee made several recommendations to address
these issues. These included:
1. Establishing an independent broadcasting authority to oversee
AIR's operations and ensure its autonomy.
2. Increasing AIR's coverage and improving reception in remote
areas by increasing the number of transmitters.
3. Improving the quality and variety of AIR's programming by hiring
professional staff and providing them with better training.
4. Establishing an effective feedback mechanism to obtain regular
feedback from AIR's audience.
5. Rationalizing AIR's staffing and improving the efficiency of its
operations.
6. Increasing AIR's funding to ensure that it could carry out its
activities effectively.
Overall, the Chanda Committee's recommendations aimed to address
the root causes of AIR's failure to meet its objectives and to improve
its performance. Many of these recommendations were implemented,
leading to significant improvements in AIR's functioning over time.
QUES 3 :- Explain the view expressed by Chanda Committee (1964) as
regards ten Broadcasting Policy of India.
ANS :- The Chanda Committee was appointed by the Government of
India in 1964 to review the existing broadcasting policy of the country
and make recommendations for its improvement. The committee
submitted its report in 1966, which contained several key
recommendations related to the broadcasting policy of India.
The committee viewed broadcasting as a powerful medium of
communication that had the potential to bring about social and
cultural transformation in the country. It recommended that the
broadcasting policy should be geared towards promoting national
integration, fostering social and cultural harmony, and promoting
education and development in the country.
The committee expressed several views on the ten broadcasting policy
of India, which are as follows:

1. Public Service Broadcasting: The committee viewed

broadcasting as a public service and recommended that it should
be geared towards serving the public interest rather than being
driven by commercial interests.

2. National Integration: The committee viewed national

integration as a key objective of broadcasting policy and
recommended that broadcasting should be used to promote
national unity and integration.

3. Cultural Development: The committee viewed broadcasting as

an important medium for promoting cultural development in the
country. It recommended that broadcasting should be used to
promote and preserve the country's rich cultural heritage.

4. Educational Broadcasting: The committee viewed educational

broadcasting as an important means of promoting education and
recommended that a significant portion of broadcasting time
should be dedicated to educational programming.

5. Regional Broadcasting: The committee recognized the

importance of regional broadcasting and recommended that
regional programming should be given greater emphasis.

6. Commercial Broadcasting: The committee viewed

commercial broadcasting as a necessary evil and recommended
that commercial broadcasting should be regulated to ensure that
it did not compromise the public interest.

7. Monopoly of Broadcasting: The committee viewed the

monopoly of broadcasting by the government as a necessary evil
and recommended that it should continue for the time being to
ensure that broadcasting was geared towards the public interest.

8. Private Participation in Broadcasting: The committee

recognized the need for private participation in broadcasting and
 recommended that the government should encourage private
participation in the sector.

9. Technical Advancements: The committee recognized the

importance of technological advancements in broadcasting and
recommended that the government should invest in the latest
broadcasting technologies to ensure that broadcasting remained
relevant.

10. International Broadcasting: The committee recognized

the importance of international broadcasting and recommended
that India should establish an international broadcasting service
to promote its culture and views abroad.
Overall, the Chanda Committee viewed broadcasting as a powerful tool
for promoting social and cultural development in the country. Its
recommendations were aimed at ensuring that broadcasting was geared
towards serving the public interest and promoting national integration,
cultural development, and education in the country. Many of the
committee's recommendations were subsequently implemented,
leading to significant improvements in the broadcasting sector in
India.
QUES 4:- What is the objective behind enactment of the Cinematograph
Act 1952 ? Who does film Censorship in India ? Conversation while
there work no censorship.
ANS :- The Cinematograph Act, 1952 is a legislation that governs the
regulation and certification of films in India. The primary objective
behind the enactment of this Act was to provide a regulatory
framework for the exhibition of films in the country and to ensure that
films were screened in a manner that did not harm public morality,
decency, and national security.
The Act seeks to provide for the following:

1. Certification of films for public exhibition: The Act

empowers the Central Board of Film Certification (CBFC) to
examine and certify films for public exhibition. The CBFC is
required to certify films based on their content and the impact
they may have on public morality and national security.

2. Regulation of film exhibition: The Act provides for the

regulation of the exhibition of films in the country. It requires
film exhibitors to obtain a license from the appropriate
authorities before exhibiting any film.

3. Control over the import and export of films: The Act gives
the government the power to regulate the import and export of
 films in the country. It requires that films be certified by the
CBFC before they can be imported or exported.

4. Punishment for violation of the Act: The Act prescribes

penalties for violation of its provisions. It provides for fines and
imprisonment for offenses such as exhibition of uncertified films
or exhibition of films in contravention of the conditions of the
license.
Overall, the objective of the Cinematograph Act, 1952 is to provide a
regulatory framework for the exhibition of films in the country that is
in line with public morality, decency, and national security. It seeks to
ensure that films are screened in a manner that is responsible and does
not harm public sentiment or social harmony.

Film Censorship in India

In India, the Central Board of Film Certification (CBFC) is responsible
for the certification and censorship of films. The CBFC was established
in 1951 under the Cinematograph Act to regulate the public exhibition
of films. It operates under the Ministry of Information and
Broadcasting and has its headquarters in Mumbai.
The CBFC is responsible for reviewing and certifying films before their
release to the public. This includes ensuring that the film complies
with the guidelines set out in the Cinematograph Act and the CBFC's
own guidelines, which have evolved over time. The CBFC's guidelines
cover a range of issues, including the portrayal of violence, sexual
content, nudity, and religious sentiments.
If a film is found to be in violation of the guidelines, the CBFC has the
power to refuse certification or to demand cuts or modifications to the
film. The decision of the CBFC can be appealed to the Film
Certification Appellate Tribunal (FCAT), which is an independent body
established under the Cinematograph Act.
It is important to note that while the CBFC has the power to censor
films, there is ongoing debate about the role of censorship in India.
Some argue that censorship is necessary to protect social and cultural
values, while others argue that it limits artistic expression and
infringes on the freedom of speech and expression guaranteed by the
Indian Constitution.
In recent years, there have been calls for reforms to the CBFC and for a
more transparent and accountable system for film certification. In
response, the government has introduced a new set of guidelines for
the CBFC, which aim to balance the need for certification with the
rights of filmmakers and audiences. These guidelines include a more
nuanced approach to the classification of films, as well as increased
transparency and accountability in the certification process.
QUES 5:- Discuss briefly the process of certification that a Producer
must go through to get his film certified.
ANS :- The process of film certification in India involves several stages
that a producer must go through to get their film certified by the
Central Board of Film Certification (CBFC). Here is a brief overview of
the process:

1. Submission of application: The producer must submit an

application for certification to the CBFC, along with the
necessary documents, such as the script, a list of cast and crew,
and a synopsis of the film.

2. Scrutiny of the application: The CBFC scrutinizes the

application and checks whether all the necessary documents have
been submitted. If the application is found to be incomplete, it is
returned to the producer for resubmission.

3. Examination of the film: The CBFC then examines the film to

determine its suitability for public exhibition. A panel of CBFC
members, including a chairperson and several members, watches
the film and decides whether it complies with the guidelines for
certification. If the film is found to be in violation of the
guidelines, the CBFC can either refuse certification or demand
cuts or modifications to the film.

4. Re-examination: If the producer makes the necessary cuts or

modifications, the film is re-examined by the CBFC to ensure that
it now complies with the guidelines. This process can continue
until the film is certified or the producer decides to withdraw the
application.

5. Certification: Once the film has been examined and found to be

suitable for public exhibition, the CBFC grants it a certification.
The certification can be one of four types: U (Universal), U/A
(Parental guidance for children below the age of 12), A (Adults
only), or S (Restricted to a particular audience, such as scientists
or doctors).
It is worth noting that the certification process can take several weeks
or even months, depending on the complexity of the film and the
number of cuts or modifications required. Producers are advised to
submit their applications well in advance of the planned release date to
avoid any delays.
QUES 6:- What are the direction/Guidelines provided under the
Cinematograph Act for film Certification in India ?
ANS :- The Cinematograph Act of 1952 provides the legal framework for
the certification and censorship of films in India. The Act lays down
certain guidelines and directions that must be followed by the Central
Board of Film Certification (CBFC) while certifying films. Here are some
of the key directions/guidelines provided under the Cinematograph Act
for film certification in India:

1. Public exhibition: The Act states that no film can be publicly

exhibited without a certificate from the CBFC. The certificate
indicates the nature of the film and the category of audience for
which it is suitable.

2. Categories of certification: The Act provides for four

categories of certification: U (Universal), U/A (Parental guidance
for children below the age of 12), A (Adults only), and S
(Restricted to a particular audience, such as scientists or
doctors). The CBFC must decide which category is appropriate
for each film, based on its content and suitability for different
age groups.

3. Objectives of certification: The Act lays down the objectives

of film certification, which include ensuring that films do not
offend religious or social sentiments, that they do not promote
violence or obscenity, and that they are suitable for public
exhibition.

4. Guidelines for certification: The Act empowers the CBFC to

lay down guidelines for certification, which must be consistent
with the objectives of the Act. The guidelines cover a wide range
of issues, such as the portrayal of violence, sexual content,
nudity, and religious sentiments.

5. Appeals: The Act provides for appeals against the decisions of

the CBFC. A producer can appeal to the Film Certification
Appellate Tribunal (FCAT) if they are dissatisfied with the
decision of the CBFC.

6. Amendments: The Act can be amended by the government if it

feels that the guidelines or directions are inadequate or need
updating.
It is worth noting that the guidelines and directions provided under the
Cinematograph Act have been subject to criticism and debate over the
years, with some arguing that they are too restrictive and limit artistic
freedom. As a result, there have been calls for reforms to the
certification process, with the aim of striking a balance between
censorship and creative expression.
QUES 7:- What are Censorship Violations withing the meaning of
Cinematograph Act ?

ANS :- Censorship violations refer to any act that contravenes the

guidelines and directions provided under the Cinematograph Act of
1952, which regulates the certification and censorship of films in India.
Here are some of the most common types of censorship violations
under the Act:

1. Offensive content: The Act prohibits the exhibition of any film

that contains content that is likely to offend the religious or
social sentiments of any section of the public. This can include
scenes or dialogues that are derogatory or disrespectful towards a
particular community or group.

2. Obscene content: The Act defines obscene content as anything

that is lascivious or appeals to the prurient interests of the
audience. It prohibits the exhibition of any film that contains
such content, whether in the form of nudity, sexual acts, or
innuendo.

3. Violence: The Act requires that films be certified based on their

suitability for different age groups, and prohibits the exhibition of
any film that contains excessive or gratuitous violence. The CBFC
may also require cuts or modifications to films that contain
violent content, in order to make them suitable for a particular
category of audience.

4. Anti-national content: The Act empowers the CBFC to refuse

certification to any film that contains content that is against the
interests of the sovereignty and integrity of India. This can
include scenes or dialogues that are critical of the government or
the armed forces, or that promote secessionist or terrorist
activities.

5. Copyright violations: The Act also prohibits the exhibition of

any film that infringes on the copyright of another work, whether
in the form of music, images, or other creative content.
It is worth noting that the definition of censorship violations is
subjective and can vary depending on the interpretation of the CBFC
members. There have been instances where films have been denied
certification or subjected to cuts or modifications based on perceived
violations of the guidelines, which has led to criticism and controversy.
In recent years, there have been calls for greater transparency and
accountability in the certification process, with the aim of reducing
censorship violations and ensuring that filmmakers have greater
creative freedom.
QUES 8:- What is the Government doing to Ensure Cleaner Films ?
ANS :- The Indian government has taken several measures to ensure
that films in the country are cleaner and more suitable for public
exhibition. Here are some of the initiatives taken by the government in
this regard:

1. Introduction of the 'U' category: The Central Board of Film

Certification (CBFC) introduced the 'U' category of certification,
which indicates that the film is suitable for all age groups. This
category was introduced to encourage the production of films
that are free from offensive or objectionable content.

2. Establishment of the Online Film Certification System:

The government has set up an Online Film Certification System
(OFCS), which enables filmmakers to submit their films for
certification online. This has made the certification process more
streamlined and efficient, and has reduced the time and cost
involved in obtaining certification.

3. Introduction of the Clean Film Initiative: The Ministry of

Information and Broadcasting has launched the Clean Film
Initiative, which aims to encourage the production of films that
promote clean and healthy lifestyles. Under this initiative,
filmmakers are invited to submit proposals for films that promote
clean living, and the best proposals are selected for funding.

4. Crackdown on piracy: The government has taken strict

measures to curb piracy of films, which has been a major
challenge for the film industry in recent years. This includes the
blocking of illegal websites and the arrest of individuals involved
in piracy.

5. Promotion of family-friendly content: The government has

been encouraging the production of films that are suitable for
families to watch together. This includes the promotion of
content that is free from violence, obscenity, and other
objectionable content.

6. Collaboration with the film industry: The government has

been working closely with the film industry to promote cleaner
and more family-friendly content. This includes providing
incentives for filmmakers who produce such content, and
 collaborating with industry bodies to promote best practices in
film production.
It is worth noting that these initiatives have been subject to criticism
and debate, with some arguing that they may limit creative freedom
and stifle dissent. However, the government maintains that its aim is
to ensure that films are suitable for public exhibition and do not offend
religious or social sentiments.
QUES 9:- What the Viewers of films can do to prevent censorship
violation and enjoy neat and clean entertainment ?
ANS :- Film censorship has been a controversial issue for many years,
with some people arguing that it is necessary to protect society from
harmful or offensive content, while others believe it is an infringement
of freedom of speech and artistic expression. Regardless of your
personal beliefs, there are steps that viewers can take to prevent
censorship violations while enjoying films.

1. Understand the Laws and Regulations Regarding Film

Censorship Different countries have different laws and
regulations regarding film censorship. It is important to
familiarize yourself with the laws in your country and understand
the reasons behind them. For example, some countries may have
strict rules regarding the portrayal of violence or sexuality in
films, while others may have more relaxed guidelines.
2. Be Mindful of Film Ratings Film ratings are put in place to help
viewers make informed decisions about what they are about to
watch. It is important to pay attention to film ratings and choose
movies that are appropriate for your age group or personal
beliefs. If you are not sure about a film's rating or content, you
can do some research online or read reviews to get a better idea
of what to expect.
3. Watch Films in Their Original Versions Sometimes films are
edited or censored when they are released in certain countries or
regions. If possible, try to watch films in their original versions,
as these are often less censored and provide a more accurate
representation of the filmmaker's intentions.
4. Support Freedom of Speech and Artistic Expression As a viewer,
you have the power to support freedom of speech and artistic
expression by watching and sharing films that are controversial
or challenging. By doing so, you can help promote a more open
and diverse film industry and encourage filmmakers to create
thought-provoking and meaningful works.
 5. Speak Out Against Censorship If you believe that a film has been
unfairly censored or edited, you can speak out against it. This
can be done through social media, blogs, petitions, or even
contacting local or national authorities. By raising awareness of
censorship violations, you can help to promote a more open and
transparent film industry.
In conclusion, there are a number of steps that viewers can take to
prevent censorship violations while enjoying films. By understanding
the laws and regulations surrounding film censorship, being mindful of
film ratings, watching films in their original versions, supporting
freedom of speech and artistic expression, and speaking out against
censorship, you can help promote a more open and diverse film
industry that respects the rights of both filmmakers and viewers.
QUES 10:- What are the penalties for Censorship Violation ?
ANS :- Penalties for censorship violation vary depending on the country
and the severity of the violation. In some countries, censorship
violations can result in fines, imprisonment, or even death in extreme
cases.
1. Fines In some countries, censorship violations may result in fines
for filmmakers, distributors, or exhibitors who violate censorship
laws. These fines can vary depending on the severity of the
violation and can range from a few hundred to several thousand
dollars.
2. Imprisonment In more severe cases, censorship violations can
result in imprisonment. This is particularly true in countries
where censorship laws are strict and the government has the
power to imprison individuals who violate these laws. The length
of imprisonment can range from a few months to several years.
3. Revocation of License In some countries, censorship violations
can result in the revocation of a filmmaker's license to produce or
distribute films. This can effectively end a filmmaker's career and
prevent them from creating new works.
4. Banning of Films In some cases, films that violate censorship
laws may be banned from public screening or distribution. This
means that the film cannot be shown in cinemas, on television,
or released on home video. In extreme cases, banned films may
even be confiscated and destroyed by the authorities.
5. Civil and Criminal Penalties In some countries, censorship
violations may result in both civil and criminal penalties. Civil
penalties may include fines or compensation for damages, while
 criminal penalties may include imprisonment or other forms of
punishment.
In conclusion, the penalties for censorship violation can be severe and
vary depending on the country and the severity of the violation. Fines,
imprisonment, revocation of license, banning of films, and civil and
criminal penalties are all possible outcomes for individuals or
companies who violate censorship laws. It is important for filmmakers,
distributors, and exhibitors to be aware of these potential penalties and
to ensure that their works comply with the censorship laws in their
respective countries.
QUES 11:- Why pre-Censorship is valid for films, but not for press?
Discuss the concept of prior Restraint in relation to media .
ANS:- The concept of prior restraint refers to the government's ability
to censor or restrict the dissemination of information before it is
published or broadcasted. This concept is often associated with media
outlets such as newspapers, television, and the internet. While pre-
censorship may be valid for films in some countries, it is generally not
considered valid for the press because it violates freedom of speech and
the freedom of the press.
One of the key reasons why pre-censorship is valid for films in some
countries is because films are considered to be a form of entertainment
rather than a platform for disseminating news or information. This
means that governments may be more willing to impose restrictions on
films to protect public morality or national security. Additionally, films
are often subject to a rating system that allows viewers to make
informed decisions about the content they consume.
In contrast, the press is considered to be an essential component of
democratic societies and is protected by the right to free speech and
freedom of the press. The government's ability to impose prior
restraint on the press is generally viewed as a violation of these
fundamental rights. Prior restraint can also have a chilling effect on
the media, as journalists may self-censor their work to avoid potential
legal consequences or government censorship.
However, there are situations where the government may impose
restrictions on the press. For example, if publishing certain
information would endanger national security or public safety, the
government may seek a court order to prevent the publication of that
information. This type of restriction is generally referred to as an
injunction, and it is only valid in exceptional circumstances where the
harm caused by the publication of the information is considered to
outweigh the public interest in the freedom of the press.
In conclusion, pre-censorship may be valid for films in some countries,
but it is generally not considered valid for the press because it violates
freedom of speech and the freedom of the press. The concept of prior
restraint is complex and often controversial, and it is important to
balance the public interest in free speech and the press with the need
to protect national security and public safety.
QUES 12 :- Briefly discuss the facts and the law laid down in the case of
K.A Abbas vs Union India ?
ANS :- The case of K.A Abbas vs Union of India is a landmark case in
Indian constitutional law, as it dealt with the fundamental right to
freedom of speech and expression. The case was heard in 1970 by a
constitution bench of the Supreme Court of India and is known for its
significant contribution to the understanding of the limits of free
speech in India.
Facts: K.A Abbas, a renowned filmmaker, had made a film titled "A Tale
of Four Cities," which was released in 1969. The film was about the
living conditions of the poor in four cities - Delhi, Bombay, Calcutta,
and Hyderabad. The film received widespread criticism from the
Central Board of Film Certification, which ordered the deletion of
several scenes from the film. Abbas challenged the decision of the
Board in the Supreme Court, contending that the cuts violated his
fundamental right to freedom of speech and expression.
Law laid down: The Supreme Court, in its judgment, held that the right
to freedom of speech and expression is not an absolute right and is
subject to certain restrictions, which are necessary in the interests of
the sovereignty and integrity of India, security of the state, friendly
relations with foreign states, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offense.
However, the Court held that the restrictions must be reasonable and
not arbitrary, and the test of reasonableness is to be applied in each
case. The Court also emphasized that the freedom of speech and
expression includes the freedom to entertain, to inform, and to be
informed, and therefore, any restrictions on such freedom must be
narrowly construed.
In the specific case of K.A Abbas, the Supreme Court held that the cuts
made by the Board were arbitrary and violated the fundamental right to
freedom of speech and expression. The Court further stated that a film
must be judged as a whole and not by its parts and that the deletion of
scenes from a film should only be made if they are necessary to protect
the interests of public order or morality.
The Court also laid down a principle that the freedom of speech and
expression includes the freedom to criticize and to dissent, and such
freedom cannot be curtailed merely because it causes discomfort or
annoyance to the government or any section of society. The Court
observed that the role of the artist is to hold a mirror to society and
that any attempt to stifle artistic freedom would result in the stifling of
social growth and progress.
In conclusion, the case of K.A Abbas vs Union of India established the
fundamental principle that the right to freedom of speech and
expression is a cornerstone of democracy and any attempt to curtail
such freedom must be reasonable and necessary. The case laid down
the principle that any restrictions on freedom of speech and expression
must be narrowly construed and that artistic freedom is an essential
component of the right to freedom of speech and expression.