Kamkus Law and Media

KAMKUS COLLEGE OF LAW
B.A., LL.B. IV SEM

LAW AND MEDIA- II
CODE BL-4002(A)
UNIT- 01
Detailed Questions
Q.1. Discuss in details the various stages of the evolution of broadcast sector in
India?
Or
Trace the evolution of broadcast sector in the world.
Or
Q.1. Examine the scope of broadcasting rights and traces the evolution of
broadcasting and its regulation in India.
Ans. Broadcast Sector
Broadcast is an element of communication. Communication has five elements, one of them is

media. It is the medium through which the communicator transfers his/her message to the target
audience. Then the medium of mass communication has been of two categories; print media and
broadcast media. Again broadcast media is of two types; audio and audio-visual media. Radio is
an audio media through which the audience can listen only. But in television the audience can
both listen and see visuals and it is called audio-visual media.
Broadcasting Policy
The Government’s monopoly of broadcasting rested on Article 246 of the Indian Constitution
which states that Parliament has exclusive powers to make laws with respect to any of the
matters enumerated in List 1 of the VII Schedule. Item 31 in this list includes ‘posts and
telegraphs, telephones, wireless, broadcasts and other like forms of communication. This
exclusive monopoly of the use of the airwaves was struck down by the Supreme Court in 1995
when it declared that the airwaves are public property’ and that the public is distinct from the
government. It therefore directed the Central Government to constitute an autonomous
broadcasting authority to licence and regulate the use of the airwaves for broadcasting. In
September 1997, the Prasar Bharati (or the Broadcasting Corporation of India) was established as
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an autonomous body to give effect to the Prasar Bharati Act 1990. The Prasar Bharati Board has
been constituted by a Presidential Ordinance; the future of the Board and of independent
broadcasting is now in doubt, with the new Government threatening to let the ordinance lapse.
Broadcasting Bill, 1977
The Supreme Court in one of its decisions in 1975 viewed that there should be some authority to
regulate the broadcasting system in the country and any single agency can have the authority on
broadcasting. The broadcasting should be under the control of the people and not the
Government. Radio waves are public property and its use can be regulated and controlled by any
public authority, so that the rights of the people are not hampered.
On the basis of this decision of the Supreme Court, “Broadcasting Bill” was placed before the
Indian Parliament in 1977. The “Broadcasting Bill” is divided into six parts. There is a provision
of “Indian Broadcasting Authority” in the second chapter of the Bill.
Prasar Bharti
Prasar Bharti is the Public Service Broadcaster of the country consisting of All India Radio and
Doordarshan. It came into existence on 23 November, 1997 with a mandate to organize and
conduct public broadcasting services to inform, educate and entertain people and to ensure a
balanced development of broadcasting on radio and television.
The major objectives of the Prasar Bharti Act, 1990 are as follows:
i) Upholding the unity and integrity of the country and the values enshrined in the Constitution.
ii) Promoting national integration.
iii) Safeguarding citizen’s rights and to be informed on all matters of public interest and
presenting a fair and balanced flow of information.
iv) Paying special attention to the fields of education and spread of literacy, agriculture, rural
development, health and family welfare and science and technology.
v) Creating awareness about women’s issues and taking special steps to protect the interests of
children, the aged and other vulnerable sections of society,.
vi) Providing adequate coverage to the diverse cultures, sports and games and youth affairs.
vii) Promoting social justice, safeguarding the rights of working classes, minorities and tribal
communities, and
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viii) Expanding broadcasting facilities and promoting research and development in broadcast
technology.
Q.2. What is role of Prasar Bharati in ensuring a balanced development of
broadcasting on radio and television?
Ans. PRASAR BHARATI
Prasar Bharti is the Public Service Broadcaster of the country consisting of All India Radio and
Doordarshan. It came into existence on 23 November, 1997 with a mandate to organize and
conduct public broadcasting services to inform, educate and entertain people and to ensure a
balanced development of broadcasting on radio and television.
The major objectives of the Prasar Bharti Act, 1990 are as follows:
i) Upholding the unity and integrity of the country and the values enshrined in the
Constitution.
ii) Promoting national integration.
iii) Safeguarding citizen’s rights and to be informed on all matters of public interest and
presenting a fair and balanced flow of information.
iv) Paying special attention to the fields of education and spread of literacy, agriculture,
rural development, health and family welfare and science and technology.
v) Creating awareness about women’s issues and taking special steps to protect the interests of
children, the aged and other vulnerable sections of society,.
vi) Providing adequate coverage to the diverse cultures, sports and games and youth
affairs.
vii) Promoting social justice, safeguarding the rights of working classes, minorities and
tribal communities, and
viii) Expanding broadcasting facilities and promoting research and development in
broadcast technology.
ALL INDIA RADIO
Radio is an audio medium of mass communication In this system the news and other
programmes are announced from a radio station and could be heard through a wireless small
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receiver set by any person sitting thousands kilometers away in the remotest corner of
India.Radio is called the medium for the masses. Radio, unlike, the print media, can overcome
the obstacle of illiteracy, it can reach people in the farthest corners of the country in spite the
barriers of rivers and mountain without any means to reach the remote places. The transistor
revolution has perhaps made radio the only medium of mass communication to reach average
Indian whether poor or rich illiterate or literate whether living nearby or far off places. Radio
came in the United States of America in 1909. A station in San Jose, California, started broadcasting
announcements and phonograph music. But regular and systematic
broadcasting began in 1920.
TELEVISION
Experiments in television broadcasting started in the 20th century in the USA. But the
mechanical scanning disk being used in these experiments did not scan the picture effectively. In
the next five years certain inventions of picture tubes, electronic camera and TV receiving sets
arrived on the scene. These made it possible for the National Broadcasting Corporation (NBC) in
the thirties to set up a T.V station in New York. British Broadcasting Corporation (BBC) also
started offering regular telecast programmes. Germany and France also established television
stations around the same time. The age of satellite communication which revolutionized TV
broadcasting, dawned in 1962 with the launching of the Early Bird in 1962. Intelsat and
Intersputnik began operating in 1965 and 1971. Today, more than 125 countries have their earth
stations linked to satellites. The satellites systems have brought the people and nations of the
world much nearer. In seventies, the computer technology made possible a two-way
communication between the transmitting stations and receiving households. Then came audio
visual cassettes and the video tape recorder and player. These were followed by closed-circuit
TV. pay phone TV and Direct Broadcasting System.
Q.3. “Radio waves are public property” The Supreme Court of India decided.
Discuss the impact of this decision on the enactment of Broadcasting Act, 1997.
Ans. Radio
Radio is an audio medium of mass communication In this system the news and other
programmes are announced from a radio station and could be heard through a wireless small
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receiver set by any person sitting thousands kilometers away in the remotest corner of
India.Radio is called the medium for the masses. Radio, unlike, the print media, can overcome
the obstacle of illiteracy, it can reach people in the farthest corners of the country in spite the
barriers of rivers and mountain without any means to reach the remote places. The transistor
revolution has perhaps made radio the only medium of mass communication to reach average
Indian, whether poor or rich, illiterate or literate, whether living nearby or far off places.A
combination of a number of discoveries by technicians and scientist from different countries
gave rise to the development of wireless telegraphy, whose sole use was point to point
telecommunication, to become a broadcasting system that was one of the media for mass culture.
This shift from one type of technological and social Usage to another, took place in relation to
developments in the United State. The radio created a communication environment in which
amateurs could operate freely and secondly the World War 1st prompted the industrialization of
wireless telegraphy Radio came in the United States of America in 1909. A station in San Jose,
California, started broadcasting announcements and phonograph music. But regular and
systematic broadcasting began in 1920.Radio broadcasting in India started in 1920’s. In India the
Radio Club of Bombay broadcast its first programme in June 1923 and was followed by the
Calcutta Radio Club in November, 1923. The Madras Radio Club started broadcasting on 31 July
1924 which was later closed down due to financial difficulties. The Madras Corporation re-
started the broadcast service in1930.Broadcasting services were set up in 1927 with the two
privately-owned transmitters at Bombay and Calcutta. The government took over the transmitters
in 1930 and started operating in the name of Indian Broadcasting Service. The Indian
Broadcasting Company (IBC) was started as an organized broadcast in 1927 and its name was
later changed to the Indian Listener and again to Akashvani (It was changed to All India Radio
(AIR) in 1936 and came to be known as Akashvani from 1957). It went into liquidation. The
government ordered the closer of Indian Broadcasting Service on 10 October 1931 facing
financial difficulties, but reversed its orders on 23 November 1931 It was decided to start a radio
station in Delhi which went on the air on 1 January, 1936.The name All India Radio was adopted
from 8 June, 1936, the short-wave service was started in 1938 to cover the entire country.
Lucknow station went in on air on 2 April, 1938 and Madras on 16 June 1938. The Tiruchi
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station came into being in 1939. The External Service Division at Delhi was also started in 1939.
A new Broadcasting House was built on Parliament Street, New Delhi and was inaugurated in
June 1947.
Growth of Network and Coverage
AIR had a network of six stations and 18 transmitters covering just 2.5 per cent area and 11 per
cent population of the countries in 1947. By now AIR has a network of 223 broadcasting centers
covering 91.42 per cent of the area and 99.3 per cent of the population. Low Power Transmitter
(LPT) relay centers with one hundred FM transmitters are proposed to be installed for remote
areas of the country. The FM Service uses a large bandwidth to provide a programme service of
high-fidelity. AIR has launched Agriculture Channel ‘Kisan Vani’ from 15 February, 2004, in
collaboration with the ministry of Agriculture to inform local farmers about the daily market
rates, weather report and day to day activities in their area at micro level. Presently Kisan Vani is
being broadcast from 96AIR stations. AIR is broadcasting programmes on environment, forestry,
wild life and ecology in major languages and local dialects, spoken by various smaller
communities. A daily programme on environment will be mounted for five to seven minutes
besides a weekly programme of longer duration, as per the directions passed by the Hon’ble
Supreme Court of India. AIR stations broadcast programmes on Health and Family Welfare in
various formats like talk, discussion, features, spots, stories, drama, success stories, phone-in
programmes, etc. The themes covered are raising marriage age, maternal care, women
empowerment, termination of pregnancy, child rights, child labour, girl child, child heath, etc.
AIR stations also broadcast programmes related to socio- economic development of women,
food and nutrition, women entrepreneurship, girl’ education etc.
Q. 4. Discuss the procedure to licensing issue in Broadcast Sector.
Ans. THE BROADCASTING BILL1997

The bill is to provide for an independent authority to be known as the broadcasting authority of
India which is for the purpose of facilitating and regulating broadcasting services in India. The
authority will have a perpetual succession and a common seal with powers to enter into a
contract and can sue and can be sued in its name .it consists of a chairperson who will be
appointed by President of India on recommendation from the Chairman of the states who will be
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the Chairman of the Committee the I & B minister and the Press council of India. It will also
consist of maximum eleven part-time members to be appointed by the central government, a
secretary to the government incharge of DOT,a secretary general .The Chairperson will be a
whole time member and will hold office for a term of five years. He will be appointed from
amongst the persons of eminence with more than fifteen years of experience in administration,
law, broadcasting, programming, engineering, journalism etc .The part time members shall hold
office for three years and also will be eligible for reappointment for the second term. The
authority will hold minimum eight meetings every year. All questions raised or which come up at
the meeting will be decided by majority.
The functions of authority
1. To carry out frequency planning of such frequencies or band of frequencies assigned to it by
the wireless adviser to the government for the purpose of ing services
2. To grant licences for broadcasting services.
3. To ensure that wide range of broadcasting services are available throughout India.
4. To ensure services of high quality and offer a wide range of programmes to appeal to variety
of tastes and interests.
5. To determine the programme code and standard.
6. To take necessary action for violation of code, violation of condition of licence.
7. To set technical and other quality standards to ensure a reasonable quality of reception.
The authority can appoint a committee of experts to advice on:
1. Practices to be followed in connection with unjust and unfair treatment to any person in
programmes, unwarranted infringement of privacy included in programmes.
2. Practices to be followed in connection to portrayal of violence, sexual conduct in the

programmes i.e.,to set standards of decency for programmes. With regards to the attitude fo the
public at large.
LICENCES
The Terrestrial broadcasting services can be further categeorised into analogue and digital and
also into national, regional, local , restricted local services or any other similar service for the
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purposes of the licences and prevention of heir accumulation. The licence shall be provided
subject to following conditions:-
1. The person granted the licence will ensure that nothing is included in the programmes of the
licensee which is likely to encourage crime or lead to disorder or will be offensive to public
feeling.
2. The licensee will ensure that news given in the programme will be presented with due
accuracy and impartiality.
3. The licensee has to ensure that due impartiality is maintained in respect of social or political
issues or matter relating to public policy.
4. The licensee will ensure due responsibility is exercised with respect to religious programmes
with a view to avoiding - improper exploition of religious susceptibilities and offence to the
religious views and beliefs of those belonging to a particular religion.
5. The licensee will ensure that due emphasis is given to promote national integration, Indian
culture in his programmes.
6. The licensee will have to ensure that time, detemined by the Authority, is earmarked for
broadcasting of - children's programmes , educational programmes ,programmes of Indian origin
, a range of diversity of independent production.
7. The licensee will have to follow the programme codes and standards and codes set by the
Authority.
8. The licensee will pay the license fees in the same manner as may be determined by the
regulations.
9. The Licensee will not carry out networking of local or regional broadcasting services without
prior approval of the authority.
10. The conditions of the license can be changed by the Authority after giving to the licensee a
reasonable opportunity of being heard.
The licence granted for Direct -To - Home service or Local Delivery service shall be subject
to the following conditions in addition to the conditions referred above :-
1. The licensee will have to provide a tier basic service which may include a number and type of
terrestrial broadcasting for every permitted services and also of the public service broadcaster.
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2. The licensee will include only licensed services or permitted services in his delivery package
for the purpose of distribution and also he will not use more than that no of channels as
determined by the Authority out of the total channel capacity of the system for providing his own
programming.
The period of licence for each category will be for a period not exceeding ten years.
The licence is not transferable and it will lapse prior to its normal expiry in case of insolvency or
death of the licensee.
No person will be given the number of licences for a category of services more than the number
prescribed for the category of service. There are restrictions on cross media ownership between
the newspaper and the broadcasting service. The government can modify any limit on interest or
equity holding in the body corporate or companies by notification in the official gazette.
Grant of licence for satellite broadcasting services
1. Any person desirous of obtaining a satellite broadcasting licence will have to apply to the
Authority.
2.If the Authority is satisfied that the applicant ---
a) Has acquired transponder on an Indian satellite system or on a foreign satellite system .
b) Has obtained technical clearance for transponders from the wireless adviser .
c) Has fulfilled all other condition laid down in the Act ;The Authority may grant a licence to
such person on payment of fees ; If the Authority refuses to grant a licence it will have to give
the applicant an opportunity to be heard. Provide further that such a person providing his
broadcasting services immediately before the commencement of the Act may continue to do so
without a licence for a period of one month from such commencement.
Grant of licence for Direct - To - Home Service
The Authority will invite bids for grant of licence and it will be granted to the highest bidder if
he fulfils all the conditions for the grant of such licence. The Authority grant such no of licences
(not less than two ) as may be prescribed.
Special Provisions for Satellite broadcasting and Direct-To-Home services
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The wireless Adviser will give technical clearance for licensing (the clearance can be refused on
technical or security reasons. In cases where operations of the services are permitted with foreign
satellite system, while giving technical clearance for relicensing or renewal of such services; give
priority for their operation with Indian Satellite system. The licensee shall carry out the up
linking of satellite broadcasting services or direct - to - home services from India only up linking
of coverage of live events taking place outside India can be permitted as determined by the
regulations. The Authority can permit continuance of up linking of satellite broadcasting services
from outside India till such time as it is reasonably required for shifting or creating the necessary
up linking facility in India.
Grant of licence for terrestrial services
The Authority will invite bids for granting of licence and it will be granted to the highest bidder
.The Authority will grant licences to such as may be notified for terrestrial broadcasting services
through restricted bids .No institution will be notified unless the object of such institution is to
provide education community service, Health awareness etc. The wireless adviser will assign to
the Authority for the purpose of grant of terrestrial broadcasting service licence such frequencies
as it may determine .
Grant of licence for Local Delivery Services
The authority will grant two licences for Local Delivery Service for each telecom circle as
identified by the Central government. The Authority will invite bids and licence will be granted
to the highest bidder. The Wireless Adviser shall assign frequencies for MMDS for providing
Local Delivery service, wherever it is required. The Authority may exempt the non-commercial
establishments under common ownership from obtaining a licence for the purpose of providing
cable television services for the exclusive use of their members. The government can by
notification confer upon the licensee of the local delivery services, such right and obligations as
it may consider necessary in respect of placing and maintaining of his cable networks as
available to the telegraph authority.
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Short questions
Q.1. Current broadcasting policy is based on AIR code on 1970” What are the
main features of AIR Code 1970?
Ans. Broadcasting Policy

Broadcasting Code
Current broadcasting policy is based on the AIR Code of 1970, which sets down that broadcasts
on All India Radio will not permit:
1. Criticism of friendly countries.
2. Attack on religion or communities.
3. Anything obscene or defamatory.
4. Incitement to violence or anything against the maintenance of law and order.
5. Anything amounting to contempt of court.
6. Aspersions against the integrity of the President, Governors, and Judiciary.
7. Attack on a political party by name;
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8. Hostile criticism of any State or the Centre;
9. Anything showing disrespect to the Constitution or advocating change in the Constitution by

violence; but advocating change in a constitutional way should not be debarred.
Q. 2. What is Indian Broadcasting Authority Describe the functions of

the authority?
Ans. Broadcasting Bill, 1977
public authority, so that the rights of the people are not hampered.
On the basis of this decision of the Supreme Court, “Broadcasting Bill” was placed before the
Indian Parliament in 1977. The “Broadcasting Bill” is divided into six parts. There is a provision
of “Indian Broadcasting Authority” in the second chapter of the Bill.
Functions of the Authority
The Authority will issue licenses for broadcasting services. After the enactment of this Act,
nobody can provide. Broadcasting services for any services mentioned in sub-section (1) of
Section (9) under the provisions of the Act without obtaining the license.
The Authority shall have the Powers to issue licenses for the following broadcasting services:
1. Community radio broadcast,
2. Community television broadcast;
3. Satellite radio broadcast;
4. Satellite television broadcast,
5. Direct to home broadcast,
6. Local relay services and,
7. Such other services, as may be prescribed.
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Q. 3. What are different types of broadcasting? How does one differ from
another?
Ans. Different types of broadcasting
Print Media Broadcast Media
Print Media
1. Newspaper
a. Newspaper is a major source of information for a large number of readers.
b. It may be National or local, daily or weekly newspaper.
c. Newspapers allow presentation of detailed messages which can be read at reader’s
conveyance.
d. It allows prompt delivery of detailed coverage of news and other information with
interesting features for readers.
e. It is a high involvements media as readers are required to devote some effort in
reading the massages.
f. It is available to masses at very cost.
Classification of Newspaper
1. National Newspapers.
2. Daily Newspapers.
3. Special Audience newspapers.
Magazines
1. A Magazine is a specialized advertising media that serves educational, information,
entertainment and other specialized needs of consumers, businesses and industries.
2. A Magazine allows presentation of a detailed ad message along with photos,
illustrations, colours etc.
3. It is high involvement media as readers pay premium price for it and magazines are
not dumped after reading.
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4. Magazines can be classified in to Local, Regional, National or Weekly, Monthly,
Quarterly Magazines.
Consumer Magazines
Magazines bought by general public for information and entertainment. It can be used to reach a
specific target audience. It may be a-
1. General Interest Magazine.

2. Glamour Magazine.
3. Film Magazine.
4. Special Interest Magazine.
5. Women Lifestyle Magazine.
Business Publications
Business magazines includes publications such trade journals for business, industries or
occupations. It may be published weekly monthly or quarterly. Generally, readership includes
business managers and executive, businessman, business student etc. It may be categorized into-
1. Business Publications.
2. Professional Publications.
3. Trade Journal.
4. Industrial and Institutional Publications.
Broadcast Media
1. Television Advertising
a. T.V is a principal source of information and entertainment for people exposed to mass
media.
b. It is believed to be most authoritative, influential, exciting medium for reaching very
large audience.
c. It combines visual images, sound, motion and colour to achiever’s empathy.
d. It allows development of creative and imaginative ad messages in unique way.
e. It is considered intrusive in nature as the audience has no control over the nature and
pace of advertisements.
2. Radio
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a. Radio is a premier mass medium for users and advertisers.
b. It has a wide spread reach.
c. It delivers the massage to large number of people across the length and breadth of a
country.
d. Commercial broadcasting in undertaken in major cities even rural areas.
e. Radio time in India is usually sold in slots of 7, 10, 15, 20 or 30 seconds.
f. It is one of the most personal medium and offers selectivity, cost efficiency and
flexibility advantages over other media.
g. Efficiency of radio ad depends upon the precision of script, accompanying sounds
and level of distortion.
According to Rebecca Piirto In some ways radio listeners act more like magazine subscribers
than television viewers. They tend to listen habitually, at predictable times, to stations with
narrowly targeted formats. They are loyal, indentifiable and much cheaper to reach than TV
audience.
Q. 4. What is the importance of broadcast media in mass communication?
Ans. The term 'broadcast media' covers a wide spectrum of different communication methods
such as television, radio, newspapers, magazines and any other materials supplied by the media
and press.
Importance of broadcast media
1. It’s live
You can deliver a message, announcement or gig, in real time, as it happens without any
delay.
2. No limits
Events can run as long as necessary, as they are not limited to TV scheduling, DVD/
video length.
3. Cost
Webcasting content is cheaper than using commercial television transmission platforms
such as satellite. Why spend fortune to broadcast your event on TV for a small
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geographical area when you can broadcast it over internet to the entire planet at a fraction
of cost.
4. Interaction
Users can interact with the event, through integrated voting, chat or by accessing
website links, resources that relate to the streaming media event.
5. Contribution
Questions can be posed live to the speakers by email, telephone call ins or even video
conferencing.
6. Revenue generation
Charging viewers to watch your content can provide easy methods of making money. The
web is geared up to accepting easy credit card payments of ‘pay as you view’ and users
are used to the concept.
7. Niche content
Terrestrial and even digital providers struggle to provide airtime to specialist television
content, something that is not an issue when using the Internet.
8. On demand
Using pre-recorded clips, true 'video on demand', viewers can opt to watch event
highlights, at any time of day or night from any corner of the world.
9. Security
Using registration or password mechanisms we can either restrict content to known users,
or capture valuable marketing information from your viewers.
10. Marketing
Event organizers can use streaming media to drive visitors to their website, and strong
branding messages can be easily integrated in to the viewing experience.
11. Communicate in One Voice
Ensure everyone hears the same message from the same source. Eliminate confusion and
rumors.
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Very short questions
Q. 1. What is the broadcast sector?
Ans. Broadcast sector

Understanding Broadcast Sector Broadcast is an element of communication. Communication has
five elements, one of them is media. It is the medium through which the communicator transfers
his/her message to the target audience. Then the medium of mass communication has been of
two categories; print media and broadcast media. Again broadcast media is of two types; audio
and audio-visual media. Radio is an audio media through which the audience can listen only. But
in television the audience can both listen and see visuals and it is called audio-visual media.
Elements of Communication
Communicator Message Medium Audience Feedback
Print Broadcast
Television Radio
Q. 2. What do understand by Broadcast Policy?
Ans. Broadcasting Policy

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Q. 3. What do you understand by Ethics of Broadcasting?
Ans. Ethics of Broadcasting

Radio and television were introduced into India to be the carriers of entertainment and education
for the general public. Though introduced with ‘public service’ as the prime objective, both the
electronic media have been widely used for government propaganda as well as for commercial
interests. Where broadcast news is concerned, the ethics of broadcasting is very similar to those
for the print media. These relate to questions of accuracy and fairness, of respect for privacy and
the religious beliefs/practices of different communities, of the need for caution in reporting
violence and communal disturbances, and in criticizing judicial acts, of the right to reply, of
respect for the confidentiality of sources and of the need to eschew obscenity and vulgarity.
Trust
Trust is the foundation of Broadcasting. It is independent and impartial.
Truth and Accuracy

Broadcasting seeks to establish the truth of what has happened and are committed to achieving
due accuracy. Accuracy is not simply a matter of getting facts right; when necessary, it is the
weigh of relevant facts and information to get at the truth.
Impartiality
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Broadcasting is impartial to all subject matter and will reflect a breadth and diversity of opinion
of people output as a whole, over an appropriate period so that no significant strand of thought is
knowingly not reflected or under represented.
Transparency
It will be transparent about the nature and provenance of the content offered.
Q. 4. What do you understand by broadcasting Bill, 1977?
Ans. Broadcasting Bill, 1977

public authority, so that the rights of the people are not hampered. On the basis of this decision
of the Supreme Court, “Broadcasting Bill” was placed before the Indian Parliament in 1977. The
“Broadcasting Bill” is divided into six parts. There is a provision of “Indian Broadcasting
Authority” in the second chapter of the Bill.
Functions of the Authority
The Authority will issue licenses for broadcasting services. After the enactment of this Act, no
body can provide. Broadcasting services for any services mentioned in sub-section (1) of Section
(9) under the provisions of the Act without obtaining the license.
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UNIT- II
Detailed Questions Answers
Q. 1. Which are the main legislations on broadcasting sector in India? Give a

brief description of such legislations on broadcast sector.
Or
Q.1. Explain the various legislative efforts on broadcasting sector?
Ans. Legislative efforts on Broadcasting Sector
The history of Press Law begins almost simultaneously with publication of the first newspaper in
India. The Indian Newspaper the “Bengal Gazette” was published in 1780 from Calcutta. The
first attempt to control the press in India was made through Regulations issued by the Governor
General in 1790. Under the Regulation, it was required to print the names of the printer,
publisher, and proprietor and submit all materials for pre-censorship by Secretary to the
Government.
Licensing of the Press
Pre-censorship was abolished in 1818, and an ordinance was issued in 1823 introducing licensing
of the press under which a license was required for all matters to be printed. Similar regulations
were made in Bombay in 1825 and 1827. In 1835 Metcalf’s Act was introduced and it was made
applicable to the whole of the Territory of East India Company. It required the printer and
publisher of every newspaper to declare the location of the premises of his publication failing
which a penalty of Rs. 5000 and imprisonment of two years could be imposed.
Canning Act
Licensing was re-introduced by Lord Canning’s Act, 1857 and it applied to all kinds of
publication including books in all languages. This was rightly called the gagging Act.
Indian Penal Code
Indian penal Code was passed in 1860, which laid down offences that writer, editor or publishers
are liable to commit. These offences are those of obscenity and defamation. Later amendments to
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IPC introduced the offence of sedition (1870) promoting enmity between classes (1898),
imputations, assertions prejudicial to national integration out raging religious feelings (1927).
Press and Registration of Books Act, 1867
In 1867 the press and Registration of Books Act were passed. This was a regulatory law which
enabled the Government to regulate the printing presses and newspapers by a system of
registration and to preserve copies of books and other printed matters in India.
Vernacular Press Act, 1878
The Act was passed for punishing and suppressing seditious writings in newspapers published in
Indian languages. It was repealed in 1881.
Code of Criminal Procedure (Cr. PC)
In 1898 the Indian Penal Code 1860 was amended and the Criminal Procedure Code, 1898 was
enacted, which replaced the Criminal Procedure Code, 1882.
The Newspaper (Incitement to Offences) Act, 1908
The Act empowered a magistrate to seize a press if a newspaper printed by it published matter
which incited murder or any other act of violence or an offence under the Explosive Substances
Act.
Indian Press Act, 1910
The Act which was passed in 1910 was directed against offences involving violence and
sedition. The Newspaper (Incitement of Offences) Act, 1908 and Indian Press Act, 1910 were
repealed in 1922 and provisions of these Acts were incorporated in the Press and Registration of
Books Act, Sea Customs Act and Post Office Act through subsequent amendments.
Official Secrets Act, 1923
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The Act is aimed at maintaining the security of the State against leakage of secret information,
sabotage and the like.
The Indian Press (Emergency) Powers Act, 1931
An ordinance to this effect was promulgated to control the press which was later embodied in the
Act of 1931. Originally a temporary Act was made permanent in 1935. It made it obligatory for
the press to furnish security at the call of the Executive. This was replaced by the Press
(Objectionable Matter) Act, 1951.
The Newspaper (Price and Page) Act, 1956
The Act was formed to prevent unfair competition among newspapers through price cutting .In
exercise of the powers conferred by this Act, the Central Government issued the Daily
Newspaper (Price and Page) Order, 1960, whereby the number of pages published by a
newspaper was made to depend upon the price charged to the readers, so that a newspaper could
not increase the volume of its publications without raising its price. The Supreme Court in Sakal
Papers Vs Union of India, 1962, annulled the Act. The Supreme Court held that the freedom of
the press could be interfered with by the Government indirectly by enacting laws which did not
directly impose any restriction on that freedom on the ground of the security of State or the like.
Criminal Law Amendment Act, 1961
Subsequent to the expiry of the Press (Objectionable Matter) Act, 1951, parliament enacted the
Criminal Law Amendment Act, 1961 imposing restrictions upon the freedom of expression and
of press as well as the freedom of assembly and of movement on the ground of Security of the
State and Public Order.
Press Council Act, 1965
The Press Council of India was constituted in 1966 under the Press Council Act, 1965 to
preserve the freedom of the press and to maintain and improve the standard of newspapers in
India. The Act was repealed with the promulgation of the publication of Objectionable Matter
22
Ordinance, 1975. This became the Prevention of Publication of Objectionable Matter Act, 1976.
The PPOM act, 1976 was repealed in 1977. The Press Council Act, 1978 was enacted
re-establishing the Press Council.
The Criminal and Election Laws Amendment Act, 1969
The Act was passed to amend the Indian Penal Code, the Code of Criminal Procedure and to
provide deterrent against printing and publication of certain objectionable matters. The Indian
Penal Code Amendment Act, 1969
The Act was passed to make certain amendments in IPC to make the punishment for obscene
publication more severe.
Prasar Bharti Act, 1990
The Act to provide for the establishment of Broadcasting Corporation of India was known as
Prasar Bharti (Broadcasting Corporation of India) Act, 1990. A public Broadcasting Corporation
of India was established to organize and conduct public services to inform, educate and entertain
the public and to ensure a balanced development of broadcasting on radio and television.
The Cable Television Network Rules, 1994
It contains the definition of certain terminology like “Cable Service,” Cable Television
Networks,” Later on Cable Television Networks (Regulation) Act, 1995 was passed.
The Freedom of Information Act, 2002
This is a Bill to provide to every citizen to secure access to information under control of public
authorities, consistent with public interest, in order to promote openness, transparency and
accountability in administration. The “freedom of information” has been defined as “the right to
obtain any information from any public authority”. (This Act has been repealed by Section 31 of
Right to Information Act, 2005.)
Right to Information Act, 2005
23
The Act provides the right to the people to seek information from public authorities and inspect
the work, documents and records of public authorities. No information could be denied to the
public which cannot be denied to Parliament or State Legislature.
The Information Technology Act, 2000
In India Cyber Laws is governed by the provisions contained in the Information Technology Act,
2000. New communication system and digital technology have made dramatic changes in the
field for dissemination of information. Governance of content in digital technology for
dissemination of information is of critical importance for users. The Act enlists the types of
crimes committed in the content and provides for their punishment and fine.
Prasar Bharti Act, 1990
In order to organize and conduct broadcasting services to inform, educate and entertain the
public and to ensure a balanced development of broadcasting on radio and television, a Public
Broadcasting Corporation was established. The Act, to provide for the establishment of
Broadcasting Corporation for India, was known as Prasar Bharti (Broadcasting Corporation of
India) Act, 1990.
Q. 2. What do you know about Prasar Bharti (Broadcasting Corporation of

India) Act, 1990? What are the functions performed by prasar Bharti question?
Ans. Prasar Bharati (Broadcasting Corporation of India) Act, 1990
In order to organize and conduct broadcasting services to inform, educate and entertain the
Public and to ensure a balanced development of broadcasting on radio and television, a Public
Broadcasting Corporation was established. The Act, to provide for the establishment of
Broadcasting Corporation for India, was known as Prasar Bharti (Broadcasting Corporation of
India) Act, 1990.
Prasar Bharti Board
24
A Chairman, one Executive Member, one Member (Finance) one Member (Personnel), six part
time members, Director General (Akashavani) ex-officio Member, Director General
(Doordarshan), ex-officio member, one representative of the Union Ministry of Information and
Broadcasting and two representatives of the employees of the Corporation. The Chairman and
other members, except ex-officio Member, the nominated Member and the elected Member shall
be appointed by the President of India on the recommendations of a committee consisting of-
a. The Chairman of the Council of State (Rajya Sabha), who shall be the Chairman of the
Committee.
b. The Chairman of the Press Council of India and
c. One Nominee of the President of India.
The Chairman shall be a part time Member and shall hold office for a term of six years from the
date on which he enters upon his office. The Executive member, the Member (Finance) and the
Member (Personnel) shall be whole time Members and every such Member shall hold office for
a term of six years from the date on which he enters upon his office or until he attains the age of
sixty-two years whichever is earlier. The term of office of Part-time Members shall be six years,
but one-third of such Members shall retire on the expiration of every second year. The term of
office of an elected Member shall be two years or till he ceases to be an employee of the
Corporation, whichever is earlier.
Functions and Objectives
The Corporation shall, in the discharge of its functions, be guided by the following Functions
and objectives-
• Upholding the unity and integrity of the country and the values enshrined in the
Constitution;
• Safeguarding the citizen’s right to be informed freely, truthfully and objectively on all
matters of public interest, national or international, and presenting a fair and balanced
Flow of information including contrasting views without advocating any opinion or
Ideology of its own;
• Paying special attention to the fields of education and spread of literacy, agriculture,
rural development, environment, health and family welfare and science and technology;
25
• Providing adequate coverage to the diverse cultures and languages of the various regions
of the country by broadcasting appropriate programmes;
• Providing adequate coverage to sports and games so as to encourage healthy competition
and the spirit of sportsmanship;
• Providing appropriate programmes keeping in view the special needs of the youth;
Informing and stimulating the national consciousness in regard to the status and
• problems of women and paying special attention to the upliftment of women;
Promoting social justice and combating exploitation, inequality and such evils as
Untouchability and advancing the welfare of the weaker sections of the society;
• Safeguarding the rights of the working classes and advancing their welfare;
serving the rural and weaker sections of the people and those residing in border regions,
backward or remote areas;
• Providing suitable programmes keeping in view the special needs of the minorities and
tribal communities;
• Taking special steps to protect the interests of children, the blind, the aged, the
handicapped and other vulnerable sections of the people;
• Promoting national integration by broadcasting in a manner that facilitates
communication in the languages in India; and facilitating the distribution of regional
• Broadcasting services in every State in the languages of that State;
• Providing comprehensive broadcast coverage through the choice of appropriate
technology and the best utilization of the broadcast frequencies available and ensuring
high quality reception; promoting research and development activities in order to ensure
that radio and television broadcast technology are constantly updated; and
• Expanding broadcasting facilities by establishing additional channels of transmission at
Various levels.
Q. 3. What is the objective behind enactment of the Cinematograph Act 1952?
Who does film Censorship in India?
Or
Explain the various provisions of Cinematography Act.
26
Ans. Cinematograph Act 1952
Film Censorship was set in motion in India when the Cinematography Act 1918 was made law
from May 1920. It allowed the exhibition of films only after they had been certified as suitable
for public exhibition However, the exhibition of a film could be suspended and its certificate
annulled in any provision or the other by of the District Magistrate or Commissioner of Police.
Prior to the Act of 1918 some control was exercised under the Indian Penal Code and the
Criminal Procedure Code. Amendments to the Act of 1918 in later years made film censorship a
function of the provincial Government.
The Cinematograph Act, 1918 was repealed by the present legislation. The Cinematograph Act,
1952 was amended by the Cinematograph (Amendment) Act, 1973 which made slight
modifications to the Act for the purpose of standardizing the law relating to film and censorship.
In India, the Censorship in presenting a movie is fully justified under the Constitution and it is
done for the benefit of the society. The Cinematograph Act is a Central legislation that came in
to force on July 28, 1952 which provides for the establishment of competent authorities to censor
movies and prevent the exhibition of films that are against the culture of our society. The Act
extends to the entire Indian Territory but certain provisions shall cover the State of Jammu and
Kashmir only after the amendment of the Act in 1973.
The Cinematograph Act, 1952 continued the British tradition of severe censorship of films that
made any references to the political situation or to communal groups. The guidelines of the Act
are lifted almost entirely from the Hays Code, named after Will Hays of USA. While the code
has been scrapped abroad censors here still continues to swear by it.
The working group on National Film Policy in its report says; Cinema, like literature, has to be
given the freedom to make social and political comment, if it is to fulfil its functions as a catalyst
of social change. The group has also opposed the government’s issuing of guidelines and its
acting as an appellate body. It suggests that the only aspect of censorship requiring the
government’s guidelines is the sovereignty of the State, the security of the State, and friendly
relations with foreign countries.
Rationale of Censorship
27
All citizens, says Article 19(1) and (2) of the Constitution, shall have the right to freedom of
speech and expression, and then goes on to add, ‘Nothing in this clause 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 clause in the interests of
the sovereignty and integrity of India, the security of State, decency or morality, or in relation to
contempt of court, defamation or incitement to an office’.
This is the key to the laws of censorship in the media in India. Reasonable restrictions on the
fundamental right of freedom of speech and expression are sanctioned by the Constitution. The
State is therefore justified in imposing restrictions on the arts and the media. However, the
restrictions imposed must be ‘reasonable’ and whether they are reasonable or not has to be
decided by the courts.
K.K. Abbas challenged the censorship of films in general and pre-censorship in particular in the
Supreme Court in November 1969. In its verdict delivered on September 24, 1970, the Supreme
Court said that ‘censorship in India (and pre-censorship is no different in quality) has full
justification in the field of exhibition of films. We need not generalize about other forms of
speech and expression here for each such fundamental right has a different content and
importance.’
The censorship imposed on the making and exhibition of films is in the interest of society. If the
regulations venture into something, which goes beyond this legitimate opening to restrictions,
they can be questioned on the ground that a legitimate power is being abused. We hold,
therefore, that censorship of films, including prior restraint, is justified under our constitution.’
The Central Board of Film Certification (CBFC)
The Central Board of Film Censors (since June 1, 1983 renamed the ‘Central Board of Film
Certification’) has been set up by the Central Government under the powers granted it by the
Cinematograph Act (1952) and the Cinematograph (Censorship) Rules 1958. The Board shall
consist of a chairman and minimum of 12 members and maximum of 25 members. Presently,
there are offices at Bombay, Madras, Calcutta and Trivandrum, with Bombay as the
headquarters.
Examination of Films
28
Any person desiring to exhibit any film shall in the prescribed manner make an application to the
Board for a certificate in respect thereof, and the Board may, after examining or having the film
examined in the prescribed manner sanction the film for unrestricted public exhibition, Provided
that, having regard to any material in the film, if the Board is of the opinion that it is necessary to
caution that the question as to whether any child below the age of twelve years may be allowed
to see such a film should be considered by the parents or guardian of such child, the Board may
sanction the film for unrestricted public exhibition with an endorsement to that effect; or sanction
the film for public exhibition restricted to adults; or sanction the film for public exhibition
restricted to members of any profession or any class of persons, having regard to the nature,
content and theme of the film; or direct the applicant to carry out such excisions or modifications
in the film as it thinks necessary before sanctioning the film for public exhibition under any of
the foregoing clauses; or refuse to sanction the film for public exhibition. No action shall be
taken by the Board except after giving an opportunity to the applicant for representing his views
in the matter.
Advisory Panels
The Act empowers the Central Government to constitute advisory panels for each regional centre
consisting of qualified persons appointed by the Government. The Board shall examine the film
and make recommendations and suggestions to the Board if necessary. The certificate for
exhibiting the film shall not be granted where the film is in opposition to the safety of
sovereignty and nobility of India, security of the nation, friendly relation with other countries,
public order, defamation etc. However, the Central Government may dispense with such
consultation in the case of members whose number does not exceed one- third of the total
number. The members are appointed for a period of two years and may be re-appointed after the
expiry of the term. The Central Government reserves the power to remove a member before the
completion of the term. The member is entitled to a consultancy fee of Rs. 50/- for previewing a
film or attending a meeting. The aggrieved person from the order of the Board shall prefer an
appeal to the Tribunal within thirty days beginning from the date of order.
How Films are censored?
29
A film producer has, in the first place, to submit an application for a certificate to the CBFC. The
fee charged is Rs. 100 per reel. The Examining Committee consists of a member from the
Advisory Panel and an Examining officer in the case of a short film. While in the case of a
feature film’s four members from the Advisory Panel and an examining officer the film to be
examined must be complete in every sense, with the background music and all sound effects duly
recorded on the film itself. Under the Amendment Act, 1983, all previews of films for the
purpose of certification and the reports and records related to it, will be treated as confidential.
The names of members of the Examining Committee will not be disclosed to any official or
non-official entrusted with the preview of a particular film or to any other person including the
applicant or his representative. The applicant or his representative will not be allowed to be
present inside the preview theatre.
This ‘confidentiality clause’ has been introduced to counter a judgment of the Madras High
Court, which stated that the CFBC must specify the guidelines under which a film has been
refused a certificate. Said the Court on February 7, 1983 in the case between Ramakrishna Cine
Studio and the CBFC; ‘The Central Board of Film Censors has to come out with specific reasons
when it asks for cuts in a film and it must also furnish the particulars of guidelines under which
cuts are sought to be effected to the film producer. If for any reason, the members of Committees
(Examining or Revising) felt that any particular portion of film has to be cut, there could not be
any ‘confidentiality’ about these opinions especially when the privilege was not claimed on the
ground of public interest.’
Examining Committee
The recommendations of all the members of the Examining Committee are sent by the
Examining Officer to the Chairman of the CBFC within three days of the previews. Within the
next seven days, the producer is informed about the Certificate issued. Under the Cinematograph
Act of 1952, films were certified ‘U’ (for unrestricted exhibition), and ‘A’ (for public exhibition
restricted to adults only). But according to the new amendment, two more categories have been
introduced. The first is ‘UA’ (for unrestricted public exhibition subject to parental guidance for
children below the age of 12), and the second is ‘S’ (for public exhibition restricted to
specialized audiences such as doctors, etc.)
30
Revising Committee
The Revising Committee, under the new directives, consists of a chairman and not more than
nine members selected from the advisory panel by the Chairman. No member of the Examining
Committee can sit on the Revising Committee of the same film. It is stipulated that within three
days of seeing the film, the recommendation of all the members have to be sent by the presiding
officer to the chairman of CBCC. Appeal against the CBFC’s decisions is heard by the Films
Certification Appellate Tribunal (FCAT) which was constituted in 1984. The Tribunal sits in
New Delhi.
But the possession of a ‘censor certificate’ does not necessarily ensure the smooth exhibition of
films throughout the country. Petitions can be filed in High Courts seeking a ban on a film.
Short questions Answers
Q. 1 . What is Censorship, violations within the meaning of Cinematograph Act

1952?
Ans. The Central Board of film Citification is responsible for certifying films for public
exhibition. However, enforcement of the penal provisions of the cinematograph Act 1952 by the
state government\ union territory administrations.
There are the various from of violations which often go unchecked because there are no checks
and no complaints from either the law enforcement agencies or members of the public.
The Following are the major violations that agitate the minds of the public:
1. Exhibition of an ‘A’ Certificate film to a non-adult.
2. Exhibition of an‘s’ Certificate film to persons other than those for when it is meant.
3. Exhibition of a film in a farm other than the one in which it was certified.
Such violations are known as interpolations, interpolations can be described as follows:
1. Re- Insertion in prints of a film for exhibitions those portions which were selected the
broad before certification of the film.
2. Insertion in prints of a film portion which were never shown to the board of certification.
3. Exhibition of bits unconnected with the certified film.
31
4. Exhibition of films without censor certification.
Obscene and Indecent film Posters
Another violation that has come to light is that the theaters often display obscene and indecent
film poster. In 1952 Act does not cover poster or film advertisements and there cover under the
common law of the Indian Panel Code. Furthermore this issue comes within the purview of the
state Government’s molding police. These are central /state legislation’s that corer their aspects.
The decent representation of women (prohibitions) Act 1986 ministry of Human Resance
development. After discussion with the film industry representative it was decided that the film
industry wall deals with this matter as its own. Thus the film publicity screening committee was
formed with headquarters at Mumbai and regional chapter at Bangalore, Hyderabad, Madras and
Thiruvannantgapuram the committee which began its weak in April 1990 Screens film posters
and other publicity material for obscenity and depiction of women in derogatory manner or
highlighting violence.
Q. 2. What are the powers of the Central Government to give direction to and
seek information from (the Broadcasting corporation of India) Prasar Bharati
Board?
Ans. Power of the Central Government to give direction and to seek

Information
The Central Government may issue to the Corporation such directions as it may think necessary
in the interests of the sovereignty, unity and integrity of India or the security of the State or
preservation of public order requiring it to broadcast on a mater specified in the direction or to
make a broadcast on any matter of public importance. The Central Government may also require
the Corporation to furnish such information as the government may also require the Corporation
to furnish such information as the government may consider necessary.
Supersession of the Board
32
On the recommendations of the Parliament, the President of India, may supersede the Board for a
period not exceeding six months. The President shall give a reasonable opportunity to the Board
to show cause as to why it should not be superseded.
Q. 3. What are the Directions / Guidelines provided under the Cinematograph
act for film certification in India?
Ans. Directions / Guidelines
According to sec. 5 (B) (2) of the act 1952 lay down that in addition to the general guidelines
laid down in Sec. 5 (B) (1) the central government may issue such direction as it may think fit to
grant certification under this act sanctioning film for public exhibition. The direction’s
commonly understood as guidelines have been issued by the government and have also been
amended from time to time keeping in mind the changes in social and look from time to time
also the kinds of film being made.
The revised guidelines providing for the objectives of film certification are as under:
1. The medium of film remains responsible and sensitive to the values and standards of
society.
2. Artistic expression and creative freedom are not under curved.
3. Certification is responsive to social changes.
4. The medium of film provides clean and healthy entertainment.
5. As far as possible, the film is of aesthetic value and cinematically of goods standards.
In pursuance of the of the above objectives, the board of film certification shall ensure that:
a. Anti – social activities such as violence not glorified of justified.
b. The modus-operandi of criminals, other visuals or words likely to incite the commission
of any offence are depicted.
1. Showing cruelty to or abuse of animals, are not presented needlessly.
2. Scenes which have the effect of justifying or glorified drinking are not shown.
3. Human sensibilities are not offended by vulgarity obscenity or depravity.
4. Such dual meaning ward as obviously cater or baser instinct are not allowed.
5. Visuals or wards Contemptuous of racial, religious other group are not presented.
The Board of film certification be insure that the film:
33
1. Is judged in it’s entirely from the point of view of its overall impact.
2. Is examined in the light of the period deprave in the film and of the contemporary
standers of the people to which the film relates providing that film does not deprave the
morality of the audience.
A film that meets the above mentioned criteria but a considered unsuitable for exhibition the
Board shall ensure:
a. The film is suitable for family viewing that is to say the film shall be such that all the
members of the family including children can view it together.
b. It the board having regard to the nature, content and them of the film is of the opinion
that is necessary to content and them of the film is of the opinion that is necessary to
caution the parents / guardian to consider as to whether any child below the age of twelve
years may be allowed to see such film, the shall be certified for public exhibition
restricted to specialized audiences to be specified by the board in this behalf.
c. The board shall scrutinize the titles of the carefully and ensure that are not provocative
vulgar, effusive, or vocative of any of the above- mentioned guidelines.

Q.1.What is the historical background in the enactment of the Cinematograph
Act, 1952?
Ans. Cinematography Act, 1952
Film Censorship was set in motion in India when the Cinematography Act 1918 was made law
from May 1920. It allowed the exhibition of films only after they had been certified as suitable
for public exhibition However, the exhibition of a film could be suspended and its certificate
annulled in any provision or the other by of the District Magistrate or Commissioner of Police.
Prior to the Act of 1918 some control was exercised under the Indian Penal Code and the
Criminal Procedure Code. Amendments to the Act of 1918 in later years made film censorship
a function of the provincial Government. The cinematograph Act, 1918 was repealed by the
present legislation. The Cinematograph Act, 1952 was amended by the Cinematograph
34
(Amendment) Act, 1973 which made slight modifications to the Act for the purpose of
standardizing the law relating to film and censorship. In India, the Censorship in presenting a
movie is fully justified under the Constitution and it is done for the benefit of the society. The
Cinematograph Act is a Central legislation that came in to force on July 28, 1952 which provides
for the establishment of competent authorities to censor movies and prevent the exhibition of
films that are against the culture of our society. The Act extends to the entire Indian Territory but
certain provisions shall cover the State of Jammu and Kashmir only after the amendment of the
Act in 1973.
The Cinematograph Act, 1952 continued the British tradition of severe censorship of films
that made any references to the political situation or to communal groups. The guidelines of the
Act are lifted almost entirely from the Hays Code, named after Will Hays of USA. While the
code has been scrapped abroad censors here still continues to swear by it. The working group on
National Film Policy in its report says; Cinema, like literature, has to be given the freedom to
make social and political comment, if it is to fulfill its functions as a catalyst of social change.
The group has also opposed the government’s issuing of guidelines and its acting as an appellate
body. It suggests that the only aspect of censorship requiring the government’s guidelines is the
sovereignty of the State, the security of the State, and friendly relations with foreign countries.
Q. 2. How are films censored?
Ans. A film producer has, in the first place, to submit an application for a certificate to the
CBFC. The fee charged is Rs. 100 per reel. The Examining Committee consists of a member
from the Advisory Panel and an Examining officer in the case of a short film. while in the case of
a feature film’s four members from the Advisory Panel and an examining officer. The film to be
examined must be complete in every sense, with the background music and all sound effects duly
recorded on the film itself. Under the Amendment Act, 1983, all previews of films for the
purpose of certification and the reports and records related to it, will be treated as confidential.
The names of members of the Examining Committee will not be disclosed to any official or
non-official entrusted with the preview of a particular film or to any other person including the
applicant or his representative. The applicant or his representative will not be allowed to be
present inside the preview theatre. This ‘confidentiality clause’ has been introduced to counter a
35
judgment of the Madras High Court, which stated that the CFBC must specify the guidelines
under which a film has been refused a certificate. Said the Court on February 7, 1983 in the case
between Ramakrishna Cine Studio and the CBFC; ‘The Central Board of Film Censors has to
come out with specific reasons when it asks for cuts in a film and it must also furnish the
particulars of guidelines under which cuts are sought to be effected to the film producer. If for
any reason,the members of Committees (Examining or Revising) felt that any particular portion
of film has to be cut, there could not be any ‘confidentiality’ about these opinions especially
when the privilege was not claimed on the ground of public interest.’
Q. 3. What is the Government doing to ensure cleaner films question?
Ans. India today has more than 13,000 cinema halls; farther more there are Lakhs of video
libraries video patrons in countries. Obviously it is very difficult task for the official machinery
to check any violation of films censorship provisions. On its own the government has from time
to time been altering the state government and union tertiary administration about the problem
and urging them to take action. The law has laid down clear rules for dealing with these
problems and has also strengthened the panel provisions. Under sec. be of the 1952 Act the
central government can suspend a certificate granted to any film for a fixed period or even
revoke it. Under sec. 6 of the Act 1952 the government has also revisioned powers to deal with
cases.
According to this act the government on its own can call for the record of proceeding of the
CBFC with regard to any film and pass such orders as deemed fit which include suspensions of
the certificate with or without further deletions or ordering further deletions.
Q. 4. What are the penalties prescribed for Censer ship violation?
Ans. Penalties and Violation
Offences with regarded to violence’s of censorship provision are cognizable, further more. They
are non bailable, sec. 7 of the 1952 Act provides that it these are violations of censorship
provisions or if there are interpolation or tempering of a certified films or if non certified films
are exhibited or where films meant for adult audience are shown to non –adults or where an ‘s’
36
certificate film is shown to persons other than those in can be imposed. Penalty can also be
imposed for failure to comply with section 6 A which required that any person delivering a film
to an exhibitions or a length and conditions of certification.
Under sec. 7 a person guilty of violation is punishable with imprisonment for a term which may
extend to three years or with the find which may extend to Rs. 1 Lakhs or with a further fine up
to Rs 20,000 for each day for a continuing offence.
Q.5. What are two committees to supervise the functioning of the Corporation?
Ans. Committees under the Act
There will be two committees to supervise the functioning of the Corporation.
Committees
Parliamentary Committee Broadcasting Council
1. Parliamentary committee
There shall be Parliamentary Committee to oversee that the Corporation discharges its functions
in accordance with the provisions of this Act and particularly shall consist of twenty two
Members of Parliament of whom fifteen from the House of the People (Lok Sabha) and seven
from the Council of States to be elected by the respective House in accordance with the
proportional representation by means of the single transferable vote.
2. Broadcasting Council
To receive and consider complaints from any person against certain programmes or broadcast or
the functioning of the Corporation, a council shall be appointed which will be known as
Broadcasting Council. The Council shall advise the Corporation in the discharge of its functions
in accordance with the objectives with which the corporation has been established.
37
UNIT-III
Q.1. Explain the concept of advertisement. Explain in brief the Code for
Commercial Advertising on Doordarshan. What are the Advertisement Ethics in
India?
Ans. Concept of Advertisement

An advertisement is a public announcement with the avowed purpose to persuade the public to
buy a product, a service or an idea. According to the Drugs and Magical Remedies
(Objectionable Advertisements) Act, 1954, “an advertisement includes any notice, circular label,
wrapper, or other document and any announcement made orally or by means of producing or
transmitting light, sound or smoke”. To reach the masses, advertising has to buy space or time in
one or more media of mass communication such as radio, television, newspapers, and
magazines. Advertising aims at building relationship between customers and brands In other
words; advertising offers people ideas and services and persuades them about their benefits,
utility and desirability. Advertising is the paid mass communication of building brands through
persuasive communication and positioning them in the consumer’s perception with a constant
eye on the market environment and consumer expectations.
Guidelines for Advertising on AIR and Doordarshan:
a. Advertisement on cigarettes, bidis or tobacco products, pan masala, alcoholic drinks and other
intoxicants, gold and silver jewelry, precious stones are not allowed for broadcast.
b. The spots on aerated water (soft drinks) should contain statutory declaration flavored and does
not contain BVO.
c. Medicinal products should be accompanied by 5 copies of the script (in Hindi or English), 5
copies of the list of ingredients (with percentage) and a sample to get the approval of the Drugs
Controller before broadcast.
d. Medicinal spots are always accepted as fixed spots.
38
e. Ads should not contain any exaggerated, superlative or misleading claim. All those engaged in
advertising are strongly recommended to familiarize themselves with the legislation affecting
advertising in this country, particularly the following Acts and the Rules framed under them as
amended from time to time:
1. Drugs and Cosmetics Act, 1940
2. Drugs Control Act, 1950
3. Drugs and Magic Remedies (Objectionable advertisements) Act, 1954
4. Copyright Act, 1957
5. Trade and Merchandise Marks Act, 1958
6. Provision of Food Adulteration Act, 1954
7. Pharmacy Act, 1948.
8. Prize Competition Act, 1955.
9. Emblems and Names (Prevention of Improper Use), Act, 1950.
10. Consumer Protection Act, 1990
11. Indecent Representation of Women (Prohibition) Act, 1986.
12. Code of Ethics for advertising in India issued by the Advertising Standard Council of
India.
13. Code of Standards in relation to the advertising of medicines and treatments.
14. Standards of Practice for Advertising Agencies
15. Code for Commercial Broadcasting, copy of which may be had from the Central/
States Unit.
f. Advertising shall be so designed as to conform to the Laws of the Country and should not
offend against morality, decency, and religious susceptibilities of the people.
g. No advertisement shall be permitted which:
i) Derides any race, caste, colour, creed and nationality.
ii) Is against any of the directive principles, or any other provision of the Constitution of
India;
iii) Tends to incite people to crime, cause disorder or violence, or breach of law or
glorifies violence or obscenity in any way.
39
iv) Presents criminality as desirable;
v) Adversely affects friendly relation with Foreign States.
vi) Exploits the national emblem or any part of the Constitution or the person or
personality of a national leader or state dignitary.
Code for Commercial Advertising on Doordarshan
This Code was presented to Parliament in mid-1987. It incorporates the Indecent Representation
of Women Act and the Consumer Act, both of which were passed by Parliament in 1986. It
suggests 33 Do’s and Don’ts for advertisers. For Example,
1. Advertisements should conform to laws and should not offend against morality, decency and
the religious susceptibilities of people.
2. The success of advertising depends on public confidence and no practice should be permitted
which tends to impair this.
3. The Director General shall be the sole judge of the Code.
The following advertisement should not be permitted:
1. Ads which deride any race, caste, colour, creed and nationality, or are against the Directive
Principles or the Constitution.
2. Ads which tend to incite people to crime or cause order or adversely affect friendly relations
with foreign states.
3. Ads which exploit national emblem, any part of the constitution or the person/ personality or
national leaders or state dignitaries.
4. No advertisement shall be presented as news.
5. Ads which have any relation to religion, political or industrial dispute.
6. Ads which promote chit funds, money lenders, jewelry, fortune tellers, foreign good and
private saving schemes.
7. Guaranteed goods will have to be made available to Director General of Doordarshan for
inspection, if necessary.
8. No disparaging or derogatory remarks of other products or comparison with them should be
made.
9. Ads which portray women as passive or submissive.
40
10. Ads which are likely to startle viewers such as gunfire, sirens, bombardments, screams, and
raucous laughter.
Advertisement Ethics in India
Advertisement contents are regulated by self-regulatory bodies. In India it is regulated by the
ASCI advertising code. The ASCI was formulated to achieve the acceptance of fair advertising
practice in the best interests of the ultimate consumers. The ASCI has a motto Regulate yourself
or somebody else will. The ASCI is a representative body of people from the world of
advertising.
Some of the main points of the ASCI’S code include the following:
a) Advertising should be so designed as to conform not only to the law but also to the moral
aesthetic and religious sentiments of the country in which it is published.
b) Advertisement likely to bring contempt or disrepute to the professional should not be
permitted.
c) Advertising should be truthful, avoid distorting facts and misleading the public by means of
implications and omissions.
d) Advertising should not be permitted to contain exaggerated claims that inevitably disappoint
the public.
e) Direct comparison with competing brands or firms and disparaging references are in no
circumstances permitted.
f) Indecent, vulgar, suggestive, repulsive, or offensive themes or treatments should be avoided.
g) No advertisement should offer to refund money paid.
h) Advertisements must not carry claim of drugs to prevent or cure any diseases or ailments. The
Code, according to ASCI, is not in competition with law. Its rules, and the machinery through
which they are enforced, are designed to complement legal controls, not to usurp or replace
them. Although the decisions of the council in dealing with cases do not have a legal bearing,
experience has shown that the concerned advertising agencies have followed the councils advise
by and large.
41
Q.2. What are the main provisions of the Indecent Representation of Women
(Prohibition) Act, 1986?
Or
Q.2. What is objectionable advertisement? Discuss related law policy.
Or
Q.2. What is indecent representation? Discuss the related law on the point.
Or
Q.2. Explain the law relating to indecent representation.
Ans: Main Provisions of the Indecent Representation of Women (Prohibition)

Act, 1986
This Act is to prohibit indecent representation of women through advertisements or in
publications, writings, paintings and figures or in any other manner and for matters connected
therewith or incidental thereto. “Indecent representation of women” means the depiction in the
manner of the figure of a woman, her form or body or any part thereof in such a way as to have
the effect of being indecent or derogatory to or denigrating woman or is likely to deprave corrupt
or injure the public morality or morals.” The Act mentions “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”. Label means any written, marked, stamped, printed or
graphic matter, affixed to or appearing upon any package. Lord Sands in M’Gown v. Langmvir,
observed the words ‘indecent’ and “obscene” are synonymous with a difference in meaning. An
act of male bather entering the water made in the presence of ladies may be indecent but not
necessarily obscene.
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.
Prohibition of Publication or Sending by Post of Books, Pamphlets, etc.,
Containing Indecent Representation of Women (Section 4)
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:
42
Provided that nothing in this section shall apply to:
(a) Any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, 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, slide, film, writing, drawing, painting,
photograph, 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 Monument 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;
(c) Any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of
1952), will be applicable.
Power to enter and search
Any Gazette officer authorized by the State Government may enter search, seize any
advertisement or other materials mentioned above examine record, registered document or any
other material object found as evidence of the commission of an offence punishable under the
Act. The provisions of the Code of Criminal Procedure 1973 (2 of 1974) shall so far as may
apply to any search or seizure under this Act as they apply to any search or seizure made under
the authority of warrant issued under section 94 of the said code.
Penalty
Any person who contravenes the provisions of Section 3 or Section 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 extent of a second or
subsequent conviction, with imprisonment for a term of not less than six months but which may
43
extend to five years and also with a fine not less than ten thousand rupees but which may extend
to one lakh rupees.
Protection of action taken in good faith
No suit, prosecution or other legal proceeding 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.
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 advertisements 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;
(b) Any other matter which is required to be, or may be, 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 in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions 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.
Q.3. Explain The Drugs and Magic Remedies (Objectionable Advertisement) Act
1954.
Ans. The Drugs and Magic Remedies (Objectionable Advertisement) Act

1954
44
(1) This Act may be called the Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954.
(2) It shall come into force on such date as the Central Government may, be notification in the
Official Gazette, appoint.
Sec. 2.Definitions
In this Act, unless the context otherwise requires,-
(a) 'advertisement' includes any notice, circular, label, wrapper, or other document, and any
announcement made orally or by any means of producing or transmitting light, sound or smoke;
(b) drug includes-
(i) a medicine for the internal or external use of human beings or animals;
(ii) any substance intended to be used for or in the diagnosis, cure , mitigation, treatment or
prevention of disease in human beings or animals;
(iii) any article, other than food, intended to affect or influence in any way the structure or any
organic function of the body of human beings or animals;
(iv) any article intended for use as a component of any medicine, substance or article, referred
to in sub-clauses (i), (ii) and (iii);
(c) 'magic remedy' includes a talisman, mantra, kavacha, and any other charm of any kind which
is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or
prevention of any disease in human beings or animals or for affecting or influencing in any way
the structure or any organic function of the body of human beings or animals;
(d) 'taking any part in the publication of any advertisement' includes-
(i) the printing of the advertisement,
(ii) the publication of any advertisement outside the territories to which this Act extends by
or at the instance of a person residing within the said territories;
(e) 'venereal disease' includes syphilis, gonorrhoea, soft chancre, venereal granuloma and
lympho granuloma.
Sec. 3.Prohibition of advertisement of certain drugs for treatment of certain
diseases and disorders
45
Subject to the provisions of this Act, no person shall take any part in the publication of any
advertisement referring to any drug in terms which suggest or are calculated to lead to the use of
that drug for-
(a) the procurement of miscarriage in women or prevention of conception in women; or
(b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or
(c) the correction of menstrual disorder in women; or
(d) the diagnosis, cure, mitigation, treatment or prevention of any venereal disease or any other
disease or condition which may be specified in rules made under this Act.
Sec. 4.Prohibition of misleading advertisements relating to drugs
Subject to the provisions of this Act, no person shall take any part in the publication of any
advertisement relating to a drug if the advertisement contains any matter which –
(a) directly or indirectly gives a false impression regarding the true character of the drug; or
(b) makes a false claim for the drug; or
(c) is otherwise false or misleading in any material particular.
Sec. 5.Prohibition of advertisement of magic remedies for treatment of certain
diseases and disorders
.No person carrying on or purporting to carry on the profession of administering magic remedies
shall take any part in the publication of any advertisement referring to any magic remedy which
directly which directly or indirectly claims to be efficacious for any of the purposes specified in
section 3.
Sec. 6.Prohibition of import into, and export from, India of certain
advertisements-- No person shall import into, or export from, the territories to which this Act
extends any document containing an advertisement of the nature referred to in section 3, or
section 4, or section 5, and any documents containing any such advertisements shall be deemed
to be the goods of which the import or export has been prohibited under section 19 of the Sea
Customs Act, 1878 (VIII of 1878) and all the provisions of the Act shall have effect accordingly,
except that section 183 thereof shall have effect as if for the word 'shall' therein the word 'may'
were substituted.
Sec. 7.Penalty
46
Whoever contravenes any of the provisions of this Act shall, on conviction, be punishable-
(a) in the case of a first conviction, with imprisonment which may extend to six months, or with
fine, or with both;
(b) in the case of subsequent conviction, with imprisonment which may extend to one year , or
with fine, or with both.
Sec. 8.Confiscation of documents, etc., containing advertisements prohibited
by this Act
Any person authorised by the State Government in this behalf may, at any time, seize and
detain any document, article or thing which such person has reason to believe contains any
advertisement which contravenes any of the provisions of this Act and the court trying such
contravention may direct that such document (including all copies thereof), article or thing shall
be forfeited to the Government.
Sec. 9.Offences by companies
(1) If the person contravening any of the provisions of this Act is 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 contravention 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 provided in this Act, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has
been committed by a company and it is proved that the offence was committed with the consent
or connivance of, or is attributable to any neglect on the part of , any director or manager,
secretary or other officer of the company, such director, manager, secretary or other officer of the
company shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Sec. 10.Jurisdiction to try offences
No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any
offence punishable under this Act.
47
Sec. 11.Officers to be deemed to be the public servants
Every person authorised under Section 8 shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (Act XLV of 1860).
Sec. 12.Indemnity
No suit, prosecution or other legal proceeding shall lie against any person for anything which is
in good faith done or intended to be done under this Act.
Sec. 13.Other laws not affected
The provisions of this Act are in addition to , and not in derogation of the provisions of any
other law for the time being in force.
Sec. 14.Savings
(1) Nothing in this Act shall apply to -
(a) any sign board or notice displayed by a registered medical practitioner or his premises
indicating that treatment for any of the diseases or disorders specified in section 3 is undertaken
in those premises; or
(b) any treatise or book dealing with any of the matters specified in section 3 from a bona fide
scientific or social standpoint; or
(c) any advertisement relating to any drug sent confidentially in the prescribed manner only to a
registered medical practitioner or to a wholesale or retail chemist for distribution among
registered medical practitioners or to a hospital or laboratory; or
(d) any advertisement relating to a drug printed or published by the Government, or, with the
previous sanction of the Government , by any other person; or
(e) any advertisement label or set of instructions which is permitted under the Drugs Act , 1940
(XXIII of 1940) , or any rules made thereunder.
(2) In this Section,-
(a) 'Registered medical practitioner' means any person,-
(i) who holds a qualification granted by an authority specified in , or notified under, Section 3 of
the Indian Medical Degrees Act, 1916 (VII of 1916) or by an authority specified in any of the
Schedules to the Indian Medical Council Act, 1933 (XXVI of 1933); or
48
(ii) Who is entitled to be registered as a medical practitioner under any law for the time being in
force in any State to which this Act extends relating to the registration of medical practitioners;
(b) 'hospital' includes a clinic, dispensary or other institution for the reception of the sick,
whether as in-patients or out patients.
Sec. 15.Power to exempt from application of Act
If in the opinion of the Central Government public interest requires that the advertisement of
any specified drug or class of drugs should be permitted, it may , by notification in the Official
Gazette, direct that the provisions of sections 3,4,5 and 6 or any one of such provisions shall not
apply or shall apply subject to such conditions as may be specified in the notification to or in
relation to the advertisement of any such drugs or class of drugs.
Sec. 16.Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
(a) specify any disease or condition to which the provisions of section 3 shall apply;
(b) prescribe the manner in which advertisements of articles or things referred to in clause (c) of
sub-section (1) of section 14 may be sent confidentially.
Q.1. Write a short note on Dummy Advertisement.
Ans. Dummy advertisement

A dummy advertisement is an advertisement that uses information and artwork geared to a
specific business made for the purpose of convincing the business to run an actual ad in a
publication.
Dummy advertising is pretesting method of measuring advertisement effectiveness. Pre-tests
include both concept ads and finished ads that have not yet been deployed or been evaluated and
measured. In the concept test, the ad has not yet been created or is in an intermediary state of
49
completion. It might be in storyboard form, live-action rough form, or exist as an animatic. The
consumer might be able to offer some suggestions and reactions about the message and
execution, but often is constrained by his or her inability to visualize the ad in the final version.
The consumer might like some elements of the preliminary ad, and then apply a halo effect to the
rest of the unfinished ad in which positive elements are generalized to the entire ad and the
negative aspects are overlooked.
Concept of Dummy Advertising
In dummy advertising ads are placed in “dummy”magazines developed by agency or research
firm. Dummy advertisement is way of testing so that the reader’s natural environment is used is
to produce a dummy or pretend magazine that can be consumed at home, work or wherever
readers normally read magazines. Dummy magazines contain regular editorial matter with
test advertisements inserted next to control advertisements. These pretend magazines are
distributed to a random sample of households, who are asked to consume the magazine in their
normal way. Readers are encouraged to observe the editorial and at a later date they are asked
questions about both the editorial and the advertisements. Why dummy advertising test is used?
Magazine ads are pre-tested to a lesser extent than television commercials. It is desirable that the
proportion of magazine ads that are pre-tested should increase. The methods used for pre-testing
TV commercials are not necessarily appropriate for magazine advertisements. Face to face
interviews are generally the most fruitful means of contact with respondents, since the essence of
pre-testing is to show consumers the test material. These can follow qualitative or quantitative
approaches, or both.
Otherwise the main factors to be agreed in choosing a pre-testing method for
magazines are:
• The type of stimuli to use:
• How the stimuli are exposed
• The criteria of effectiveness which are adopted.
How dummy advertising field test is done?
50
Face to face interviews are generally the most fruitful means of contact with respondents, since
the essence of pre-testing is to show consumers the test material. These can follow qualitative or
quantitative approaches, or both. Otherwise the main variations concern the way magazine ads
are prepared as stimuli, how informants are exposed to them, and the measures used to assess
their effect.
Q.2. Explain the effect of advertisement on children.
Ans. Advertising and Children

The ASCI’s code of advertising practice has the following guidelines on the use of children in
advertising: Advertisement addressed to children shall not contain anything whether in
illustration or otherwise, which might result in their physical, mental, or moral harm, or which
exploits their vulnerability. No advertisement, therefore,
(a) Shall encourage children to enter strange places, or to converse with strangers in an effort to
collect coupons, wrappers, labels or the like.
(b) Should depict children learning dangerously outside windows and over bridges or climbing
dangerous cliffs and the like.
(c) Should show children climbing or reaching dangerously to reach products for any other
purpose, or show children using or playing with matches or any inflammable or explosive
substance or playing with or using sharp knives, guns, or mechanical or electrical appliances, the
careless use of which could lead to their suffering cuts, burns, shocks or other injury or
(d) Feature minors for tobacco or alcohol based products.
Though the conditions laid down by the ASCI may not generally be violated per se by the
advertisers, the same acts (which, according to the ASCI, are harmful and dangerous for
children), enacted by elders are at times aped and emulated by children, if past experience is any
indication. Many studies suggest- that children below a certain age cannot differentiate between
dreams and reality. They copy and imbibe things they see in their lives.
According to one of the reports of Federal Trade Commission (FTC) in the USA many young
children including an apparent majority of those under the age of eight-are so naive that they
cannot perceive the selling purposes of television advertising or otherwise comprehend or
51
evaluate it and tend... to view a commercial simply as a form of information programming. The
FTC took up the issue with certain companies and the advertisements which were deemed to
have a harmful impact on children were withdrawn. Moreover research has shown that when as
young as three years old children recognize the difference between programmes and ads as they
are aware of the intention of ads they will reject ads that do not fit in with their own or friend’s
experience. However cross cultural media, like internet can reach advertisement all over the
world. This poses a potential problem for regulation, as regulations are country specific.
Q.1. Advertising Standard Council of India
Ans. Advertising Standard Council of India

Advertisement contents are regulated by self-regulatory bodies. In India it is regulated by the
Advertising Standard Council of India (ASCI). The ASCI was formulated to achieve the
acceptance of fair advertising practice in the best interests of the ultimate consumers. The ASCI
has a motto Regulate yourself or somebody else will. The ASCI is a representative body of
people from the world of advertising.
Some of the main points of the ASCI’S code include the following-
a) Advertising should be so designed as to conform not only to the law but also to the
moral aesthetic and religious sentiments of the country in which it is published.
b) Advertisement likely to bring contempt or disrepute to the professional should not
be permitted.
c) Advertising should be truthful, avoid distorting facts and misleading the public by
means of implications and omissions.
d) Advertising should not be permitted to contain exaggerated claims that inevitably
disappoint the public.
e) Direct comparison with competing brands or firms and disparaging references are in
no circumstances permitted.
52
f) Indecent, vulgar, suggestive, repulsive, or offensive themes or treatments should be
avoided.
g) No advertisement should offer to refund money paid.
h) Advertisements must not carry claim of drugs to prevent or cure any diseases or
ailments.
The Code, according to ASCI, is not in competition with law. Its rules, and the machinery
through which they are enforced, are designed to complement legal controls, not to usurp or
replace them. Although the decisions of the council in dealing with cases do not have a legal
bearing, experience has shown that the concerned advertising agencies have followed the
council’s advice by and large.
Q.2. What do you understand by Commercial Advertising?
Ans. Commercial Advertising

Advertising is typically designed to make consumers more aware of people, places or products.
In some cases the advertising occurs as a public service, such as a campaign to make people
more aware of the dangers of smoking or alcohol use. In other instances, the purpose of
advertising is to gain the interest and trust of consumers. Advertisers seek to increase interest in
buying a product, visiting a place, or using a specific service. Commercial advertising in general
is the use of advertising to generate revenue.
One important aspect of commercial advertising is that it creates a demand or a perceived need
for something. As soon as the consumer has a reason to want, advertising is there to offer a
solution to that need. Advertisements give answers to a consumer's questions, including where to
eat, where to go, or what to buy.
Three key purposes of commercial marketing are-
Purposes
Product Awareness Branding Differentiation
53
1. Product Awareness
Commercial advertising lets your target audience know that you exist and that you have the
products and services that can solve a problem in their lives. If you’re offering a distinctive
product, service or value proposition to the customer, commercial advertising is a way to get the
word out quickly and more broadly than through referrals from existing customers or waiting for
people to find you by chance.
2. Branding
For low-involvement buying decisions that consumers just want to complete quickly, a positive
impression of your brand and what it stands for can be the central ingredient that generates sales.
Humans typically have what is called a regency effect where they buy products with high brand
recall value. Commercial advertising gives you the opportunity to tell potential customers about
your attributes, which can have a positive result over time.
3. Differentiation
For some products and services, commercial advertising can be a useful way of directly
comparing your product to what your competitors offer and demonstrating how yours is superior.
You don't need to turn your commercials into attack ads, but showing customers the differences
can have a positive effect on how your brand is perceived. Think of the many commercials for
laundry detergents that have a side-by-side comparison of how effectively one brand cleans
shirts compared to another. It can be successful for high-tech items as well. Manufacturers of
mobile phones, for example, can use them to make their own devices look hip and the
competition’s stale.
54
UNIT- IV
Q.1. What is the definition of Objectionable Matter under the Press

(objectionable Matter) Act 1951.
Ans. Offensive Material
Offence
Definition
It is aggressive, indented for or need or use in attack, intended to give offence, insulting,
disgusting, ill-smelling, nauseous or repulsive. It is an attained of assailant, aggressive action,
make attack. There is an act for the prevention of incitements to murder and to other offences in
newspapers. This Act was the Newspaper (Incitement to Offences) Act, 1908. Save as here in
otherwise provided all words and expression to this Act shall have the same meaning as those
respectively assigned in the Code of Criminal Procedure, 1898.
Power to Forfeit Printing Presses
A magistrate, upon an application made, by order of or under authority from the Local
Government can issue a show cause notice and call on all concerned persons to appear before it.
A copy of such order shall be affixed in the part of the premises specified in the declaration made
in the respect of such newspaper under Section 5 of the Press and Registration of Books Act,
1867 and the affixing of such copy shall be deemed to be due service of the said order on all
persons concerned. The Magistrate on making of a conditional order under sub-section (i) can
make a further order ex-parte for the attachment of the printing press or other property referred to
in the conditional order. If any person concerned appears and shows cause against the
conditional order, the Magistrate shall take evidence in manner provided in section 356 of the
Code of Criminal Procedure 1898. If the Magistrate is satisfied that the newspaper contains
matter of nature specified in sub-section (i), he shall make the conditional order of forfeiture
55
absolute in respect of such property as he may find to be within the terms of the said sub-section.
Power to seize.
The Magistrate may, by warrant, empower any police officer to any property ordered to be
attached under section-3, sub-section (3) and/or carry away any property ordered to be forfeited
under section-5 sub-section (5) wherever found.
Appeal
Any person concerned who has appeared and shown cause against a conditional order of
forfeiture may appeal to the High Court within fifteen days from the date when such order is
made absolute.
Power to Annul Declaration under the Press and Registration of Books Act
1867
Where an order of forfeiture has been made absolute in relation to any newspaper, the Local
government may by notification in the local official Gazette annual any declaration made by the
printer and publisher of such newspaper under the Press and Registration of Books Act, 1867 and
may prohibit any further declaration being made under the said Act in respect of the said
newspaper. Penalty - Any person who prints or publishers any newspaper specified in that
prohibition be liable, notified under section 7 during the continuance of that prohibition shall be
liable on conviction to penalties prescribed by Section-15 of the Press and Registration of Books
Act, 1867, in the manner authorised by the Code of Criminal Procedure (10 of 1882) for the time
being in force and within the period prescribed by the Indians Penal Code (45 of 1860) for the
levy of fine. All proceedings under the Act shall be conducted so far as may be in a accordance
with the provisions of the Code of Criminal Procedure 1898.
Conclusion
It is true that word offence is very wide and that it would be possible for the Legislature to create
any kind of offence in that event the provision with regard to punishment for incitement to
commit that offence would acquire constitutional validity where the law is not void under Article
13 of the Constitution. It is good law that must command obedience of the public in any
democratic set up which proclaims and maintains the supremacy of law and there is no reason
why incitement to commit breaches of that law should not be punishable. The “incitement to
56
offence” has been inserted in Article 13 of the Constitution. Incite to an offence has been in
considerable because the word “offence” as used in Article 19 (2) has under Article 367 of the
Constitution to be given the same meaning in the General Causes Act, 1897. It is generally
appreciated that the incitement is one of the forms of abetment and if these words were removed
from Article 19 (2), there will be no constitutional authority for punishing any utterances which
incite persons to commit offence.
Q.2. Write an essay on Censorship.

Or
Q.2. What are the provision imposing pre censorship during peacetime under the
Indian Constitution.
Or
Q.2. What is self-censorship? How does it differ from the pre censorship imposes
by the Authorities.
Ans. Censorship
Censorship is an act of the official licensing or suppressing as immoral seditious or inopportune
to any book, play, letter, news or advertisement. Through censorship the authorised Government
official the District Magistrate, Sub-divisional Magistrate as the case may be, exercises such
control over and/ or makes excisions or changes.
Pre-Censorship during Peace-Time
Article 19(2) of the Indian Constitution makes no distinction between times of war and of peace;
but authorizes the State to impose restrictions provided any of the grounds specified therein is
present. The concept of reasonableness refers to substantive and procedural reasonableness of the
restrictions imposed by the law. The decisions of the Supreme Court would warrant the view that
even censorship in time of peace may be reasonable in India, provided the Legislature has taken
care to see that the restrictive law in question conforms to the test of substantive and procedural
reasonableness and is confined to any of the grounds or restriction specified in clause 1 (2) of
Article 19 which have been held to be exhaustive.
However unsavory it may seem, the American view against pre censorship in time of peace
cannot be invoked in India because:-
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(a) The guarantee of freedom of expression in Article 19 of the Indian Constitution is not in an
absolute form, but is expressly made subject to the limitation of clause - 1(2) of the Article 19.
(b) Clause (2) clearly specifies the conditions, which if fulfilled, would render a restriction on the
freedom of the press valid. These conditions, as stated elsewhere are-
(i) That the impugned law must be proximately related to any of the grounds of restriction
specified in clause (2) such as security of the State.
(ii) That the restrictions imposed by such laws are reasonable as determined by the court before
which the law is challenged. The issue of proximity to a ground specified in Article 19(2) and of
reasonableness shall have to be strictly demonstrated by the government.
There is nothing in Article 19(2) to indicate that censorship would be unreasonable, during a
time of peace and resort to it outside the period of emergency, should be restricted to exceptional
circumstances and subject to proper safeguard. In a case involving a newspaper the Supreme
Court ruled. “The freedom of the press rests on the assumption that the widest possible
dissemination of information from diverse and antagonistic sources is essential to the welfare of
the public.... It would certainly not be legitimate to subject the press to laws which would curtail
circulation.” There are certain State Acts also;
(i) The Punjab Special Powers (Press) Act, 1956 and
(ii) The Assam Special Powers (Press) Act, 1960 these two Acts have been applied to combat
the secessionist agitation in Punjab and Assam.
Pre Censorship during Emergency
Under Article 358 of the Constitution, Article 19 remained suspended during the operation of
the proclamation of Emergency under Article 352. Consequently censorship might be imposed
by the government during such Emergency without being oppressed by the risk of contravening
the freedom of expression guaranteed by Article 19(1) (a). Immediately after the proclamation of
Emergency on June 25, 1975 the Government of India issued a notification imposing
pre-censorship under part V of the Defense of India Rules, 1971, against the publication of pre
judicial matter. The Defense of India Act was also amended to include the causing of internal
disturbance as well under ‘prejudicial act”. The Emergency was revoked and the press
censorship order itself was revoked.
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Now the automatic suspension of Article 19 has been controlled by amending Article 358 by the
constitution (44th Amendment Act), 1978. The changes in Article 358 have confined the
operation of Article 358(1) to war or external aggression and barred the operation of this Article
on any domestic ground be it internal disturbance armed rebellion. Even in case of an Emergency
on the ground of war or external aggression, the suspension of Article 19 shall not be automatic
as before now censorship order during a future emergency on the ground of war or external
aggression Government will have to make a law authorizing such censorship and making a
recital therein, as aforesaid.
Self- Censorship
Self-imposed restraints imposed voluntarily by the press or any other medium should be
distinguished from censorship imposed by the State with legal sanction, because no question of
constitutionality would arise unless a restriction is imposed by the State there is no sanction of
law behind it. With the promulgation the order of censorship on June 25, 1975 the Censoring
Authority issued certain guidelines for the press on the ground of internal disturbance It was
stated by the government of India that the Press, in most of the States Voluntarily followed these
guidelines as a result of which the censorship order ceased to be enforced in these states before
the end of 1975. The acceptance of guidelines offered a censoring authority as an alternative to
the enforcement of the censoring order cannot be said to be a voluntary acceptance of a code of
conduct for the press for its own guidance.
Q.3. What are the purpose of enacting the Newspaper (Incitement to Offences)
Act 1908?
Or
Q.3. How can the declaration made under the Press and Registration of Book
Act, 1867 be annulled?
Ans. The Newspaper (Incitement to Offences) Act 1908

An Act for the prevention of incitements to murder and to other offences in newspapers whereas
it is expedient to make better provision for the prevention of incitements to murder and to other
offices in newspapers; It is hereby enacted as follows:-
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Sec1: Short Title and Extent
(1) This Act may be called the Newspapers (Incitement to Offences) Act, 1908.
(2) It extends to the whole of British India.
Sec 2: Definitions
(1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "Magistrate" means a District Magistrate or Chief Presidency Magistrate:
(b) "Newspapers" means any periodical work containing public news or comments on public
news :
(c) "printing press" includes all engines, machinery, types lithographic stones, implements,
utensils and other plant or materials used for the purpose of printing.
(2) Save as herein otherwise provided all words and expressions in this Act shall have the same
meanings as those respectively assigned to them in the Code of Criminal Procedure, 1898 (5 of
1898) -
Sec3: Power to forfeit Printing presses in certain case
(1) In cases where, upon application made by order of or under authority from the Local
Government, a Magistrate is of opinion that a newspaper printed and published within the
Province contains any incitement to murder or to any offence under the Explosive Substances
Act, 1908 (VI of 1908), or to any act of violence, such Magistrate may make a conditional order
declaring the printing press used, or intended to be used, for the purpose of printing or publishing
such newspaper, or found in or upon the premises where such newspaper is, or at the time of the
printing of the matter complained of was, printed and all copies of such newspaper, wherever
found, to be forfeited to His Majesty, and shall in such order state the material facts and call on
all persons concerned to appear before him, at a tune and place to be fixed by the order, to show
cause why the order should not be made absolute.
(2) A copy of such order shall be fixed on some conspicuous part of the premises specified in the
declaration made in the respect of such newspaper under section 5 of the Press and Registration
of Books Act, 1867 (25 of 1867), or of any other premises in which such newspaper is printed,
and the affixing of such copy shall be deemed to be due service of the said order on all persons
concerned.
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(3) In cases of emergency or in cases where the purpose of the application might be defeated by
delay the Magistrate may, on or after the making of a conditional order under sub-section (1),
make a further order ex parte for the attachment of the printing press or other property referred to
in the conditional order.
(4) If any person concerned appears and shows cause against the conditional order, the
Magistrate shall take evidence, whether in support of or in opposition to such order, in manner
provided in section 356 of the Code of Criminal Procedure, 1898-.
(5) If the Magistrate is satisfied that the newspaper contains matter of the nature specified in
sub-section (1), he shall make the conditional order of forfeiture absolute in respect of such
property as he may find to be within the terms of the said sub-section.
(6) If the Magistrate is not so satisfied, he shall set aside the conditional order of forfeiture and
the order of attachment, if any.
Sec. 4: Power to Seize
(1) The Magistrate may by warrant empower any Police-officer not below the rank of
Sub-Inspector to seize and detain any property ordered to be attached under section 3-,
sub-section (3), or to seize and carry away any property ordered to be attached under section 3-,
sub-section (3), or to seize and carry away any property ordered to be forfeited under section 3-,
sub-section (5), wherever found and to enter upon and search for such property in any premises-
(a) where the newspaper specified in such warrant is printed or published, or
(b) where any such property may be or may be reasonably suspected to be, or
(c) where any copy of such newspaper is kept for sale, distribution, publication or public
exhibition or reasonably suspected to be so kept.
(2) Every warrant issued under sub-section (1) so far as it relates to a search shall be executed in
manner provided for the execution of search warrants by the Code of Criminal Procedure, 1898
(5 of 1898)-.
Sec. 5: Appeal
-Any person concerned who has appeared and shown cause against a conditional order of
forfeiture may appeal to the High Court within fifteen days from the date when such order is
made absolute.
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Sec 6: Bar of other Proceedings
--Save as provided in section 5-, no order duly made by a Magistrate under section 3-, shall be
called in question in any Court.
Sec7: Power to annul declaration under registration of Book Act 1867
-- Where an order of forfeiture has been made absolute in relation to any newspaper the Local
Government may, by notification in the local official Gazette, annul any declaration made by the
printer or publisher of such newspaper under the Press and Registration of Books Act, 1867
(XXV of 1867), and may by such notification prohibit any further declaration being made or
subscribed under the said Act in respect of the said newspaper, or of any newspaper which is the
same in substance as the said newspaper, until such prohibition be withdrawn.
Sec 8: Penalty
-Any person who prints or publishes any newspaper specified in any prohibition notified under
section 7-during the continuance of that prohibition shall be liable, on conviction, to the penalties
prescribed by section 15 of the Press and Registration of Books Act, 1867 (25 of 1867)
Sec 9: Application of code of criminal Procedure –
All proceedings under this Act shall be conducted so far as may be in accordance with the
provisions of the Code of Criminal Procedure, 1898 (5 of 1898)-
Sec. 10: Operation of other laws not barred-
No proceedings taken under this Act shall operate to prevent any person from being prosecuted
for any act which constitutes an offence under any other law.
Q.4.. Ethical issues of Media have always been in debate. Discuss?
Ans. “Let noble thoughts come to us from every side” is the eternal message of the Rigveda
given several millennia ago signifying the freedom of expression? The modern democratic
edifice has been constructed drawing on the above and the individual liberty of expression of
thought as the supreme principle. 'Journalism', the concrete form of this expression has grown in
power over a period of time. It has become a coveted profession amongst the present day career
conscious youth.
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The fundamental objective of journalism is to serve the people with news, views, comments and
information on matters of public interest in a fair, accurate, unbiased, and decent manner and
language. In 1948 the United Nations made the Universal Declaration of Human Rights laying
down certain freedoms for the mankind. Article 19 of the Declaration enunciates the most basic
of these freedoms, thus: “Everyone has the right to freedom of opinion and expression’, the right
includes the freedom to hold opinions without interference and to seek and receive and impart
information and ideas through any media and regardless of frontiers”.
Article 19 (1)(a) of the Constitution of India guarantees to the citizen, the right to “Freedom of
speech and expression”. The press is an indispensable pillar of democracy. It purveys public
opinion and shapes it. Parliamentary democracy can flourish only under the watchful eyes of the
media. Media not only reports but acts as a bridge between the state and the public. At a time
when the globalization of Indian economy has brought about drastic change in the medias cape
and the Indian press is also going global, the responsibility of the press to safeguard the interest
of the people and the nation has increased manifold. With the advent of private TV channels, the
media seems to have taken over the regions of human life and society in every walk of life.
The media today does not remain satisfied as the Fourth Estate; it has assumed the foremost
importance in society and governance. While playing the role of informer, the media also takes
the shape of a motivator and a leader. Such is the influence of media that it can make or unmake
any individual, institution or any thought. So all pervasive and all-powerful is today its impact on
the society. With so much power and strength, the media cannot lose sight of its privileges,
duties and obligations. Journalism is a profession that serves. By virtue thereof it enjoys the
privilege to 'question' others. This privilege includes the right to collect information from
primary authentic sources, which are of use and importance to the society or the nation and then
report the same in an unbiased and positive way with the aim to inform and not to create
sensation and harm the public. Any direct or indirect interference from state, the owner or other
sector is encroachment on its freedom to discharge its duties towards the society.
However to enjoy these privileges, Media is mandated to follow certain ethics in collecting and
disseminating the information viz., ensuring authenticity of the news, use of restrained and
socially acceptable language for ensuring objectivity and fairness in reporting and keeping in
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mind its cascading effect on the society and on the individuals and institutions concerned. You
will all appreciate that while freedom of expression is no doubt a fundamental right; it has to be
broadly guided and bound by societal duties and ethics. This involved a sensitive balancing act to
protect the rights of individuals while exercising the right of expression as Albert Schweitzer,
German Nobel Peace prize winning mission doctor and theologian had remarked “The first step
in the evolution of ethic is a sense of solidarity with other human beings”. Ethics is a code of
values, which govern our lives, and are thus very essential for moral and healthy life.
In the context of the press, “Ethics” may be described as a set of moral principles or values,
which guide the conduct of journalism. The ethics are essentially the self-restraint to be practiced
by the journalists voluntarily, to preserve and promote the trust of the people and to maintain
their own credibility and not betray the faith and confidence of the people. The media all over the
world has voluntarily accepted that code of ethics should cover at least the following areas of
conduct.
1. Honesty and fairness; duty to seek the views of the subject of any critical reportage in
advance of publication; duty to correct factual errors; duty not to falsify pictures or to use
them in a misleading fashion;
2. Duty to provide an opportunity to reply to critical opinions as well as to critical factual
reportage;
3. Appearance as well as reality of objectivity; some codes prohibit members of the press
from receiving gifts’
4. Respect for privacy;
5. Duty to distinguish between facts and opinion;
6. Duty not to discriminate or to inflame hatred on such grounds as race, nationality,
religion, or gender; some codes call on the press to refrain from mentioning the race,
religion or nationality of the subject of news stories unless relevant to the story; some call
for coverage which promotes tolerance;
7. Duty not to use dishonest means to obtain information; viii. Duty not to endanger people;
8. General standards of decency and taste;
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9. Duty not to prejudge the guilt of an accused and to publish the dismissal of charges
against or acquittal of anyone about whom the paper previously had reported that charges
had been filed or that a trial had commenced.
The freedom of the press has to be preserved and protected not only from outside interference
but equally from those within: An internal mechanism for adherence to guidelines is sought to be
ensured through mechanisms such as 'letters to the editor', internal Ombudsman, Media Council
of peers and Media Watch Groups which focus the wrongs committed by the media persons,
journalists or the management. These measures not only ensure the accountability of the media
and act as a brake on the arbitrary and unbridled use of power but also help to enhance the
credibility of the press. These ethics are not in the nature of control on the press but are
necessary for fair and objective use of the press for maintaining freedom of speech and
expression in true spirit.
The mandate of the Press Council of India, as well as similar bodies across the world is to
specifically promote the standards of the media by building up for it a code of conduct. It is to be
appreciated that our legislation very wisely did not entrust on the council the task of 'laying
down' a code of conduct. For ethics cannot be mired down in a strait jacket.
From their very nature, these broad principles cannot be treated cast-iron, absolute rules of law,
rigidly applicable in all situations, under all circumstances. These are flexible, general principles,
the range, reach and terrain of which are wider than those of law. The sanction behind them is
moral; the source of their motive-force is within the conscience of the media person concerned.
The pronouncement and directions of the Council activate that conscience, and the principles
articulated by it, act as lights that lead and guide the journalist along the path of ethical rectitude.
Compiled in a compendium titled "Norms of Journalistic Conduct', they act as a reference guide
in varying circumstances for the journalists.
What more accurate and better way to conclude can be than the words of Mahatma Gandhi, an
eminent journalist is his own right, “The sole aim of journalism should be service. The
newspaper press is a great power; but just as unchained torrent of water submerges the whole
countryside and devastates crops, even so an uncontrolled pen serves but to destroy. If the
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control is from without, it proves more poisonous than want of control. It can be profitable only
when exercised from within”.
Q. 1. Define Violence. What are symptoms of violent conduct?
Ans. Definition
Violence is unlawful exercise of physical force, intimidating by exhibition of this is termed as
violence. Quality of being violent, Violent conduct or treatment, outrage injury is violence
Violent is marked by great physical force marked by unlawful exercise of force as intense
vehement passionate furious, impetuous.
The Press (Objectionable Matter) Act 1951 was the effort in India to evolve a code of
ethics. The Act defines the objectionable matter as any word sign or visible presentation which
are likely to:
(i) Incite or encourage any person to resort to any violence or sabotage for the purpose of
overthrowing or undermining the government established by law in India or in any state of its
authority in any area.
(ii) Incite or encourage any person to commit murder sabotage or offence involving Violence.
(iii) Incite or encourage any person to interfere with the supply and distribution of food or other
essential commodities or with essential services.
(iv) Seduce any member of the Armed forces from his allegiance or his duty or prejudice the
recruiting of persons to service in any such force.
(v) Promote feelings of enmity or hatred between different sections of the people of India or.
(vi) Publish any material that are grossly indecent or are scurrilous or obscene or intended for
black mail
In Kedarnath Vs State of Bihar the constitutionality of Section 124A and 505 of the Indian
Penal code came for determination. Under Section 124A sedition includes public disorder of
disturbance or law and order or incitement to Violence; it would be protected by clause (2) of
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Article 19. Thus a limit was put on the width of the ambit and scope of the section. The validity
of Section 505 which makes the spread of rumors of reports with intent to cause offence
similarly against public tranquility etc, was also upheld.
Q.1. Glorifying violence to be eschewed.
Ans. All India Editors Conference formulated a code of ethics to be followed by the editors
and journalists. One of the key point of which was violence not to be glorified, which says that
“Newspapers/journalists shall avoid presenting acts of violence, armed robberies and terrorist
activities in a manner that glorifies the perpetrator, acts, declarations or death in the eyes of
public.”
Martin Luther King Jr. in his Nobel Prize acceptance speech declared: “the choice today is not
between violence and non-violence. It is either non-violence or non-existence.”
Violence is as malefic in individual lives as in the case of nations. It has to be eschewed in
thought, speech and action. Everyone knows that violence only breeds enmity, danger and death.
Yet, it is a pity that most of the movies shown on television and in theaters glorifies violence as
the means to fight evil. The hero with, the gun is the model for emulation by our children.
Discerning social researchers and psychologists are unanimous in their views that violence in
visual media encourages violence in society. Minds are molded by what they are fed on and
constant viewing of violence and crime creates a mental condition that initially becomes tolerant
and gradually imitative of such acts especially when the hero or the protagonist indulges in them,
in the name of sweet revenge.
Q.2. critically examines the various ethical issues in entertainment?

Ans. Ethical Issues in Entertainment
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While censorship is imposed by the authorities and the law, the matter of ethics is imposed by
individuals themselves. Some communication professionals like advertisers and public relations
practitioners have drawn up code of Ethics for themselves. Film producers in India have not yet
done so. The Censor Broad (now known as the Central Board of Film Certification) has been
provided guidelines for certifying films. The need for ethics in cinema and other mass media
arises from the fear that children and sensitive adults might be harmfully influenced by certain
portrayals and actions. Film makers must be concerned about the possible influence on
individuals and groups of their artistic efforts. Few are the films that show women as intelligent
independent and hardworking; fewer still are the films that show minority community in positive
light. This is where ethics comes in a concern for the senilities of audience and the nation’s
cultural pluralism.
Q. 3. Cross commercialism.
Ans. The practice of cross commercialism should be avoided by the newspapers. While
newspapers are entitled to ensure, improve or strengthen their financial viability by all legitimate
means, they should not engage themselves through the print media, in mass commercialism or
unseemly, cut-throat competition with their rivals, for earning ever more profits for their
proprietors, in a manner which is repugnant to high professional standards and good taste, and
tends to pull downwards the primary role of the free press an essential institution of democracy
to a secondary, subservient place.
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UNIT V
Q. 1. Explain the composition, powers and functions of the Press Council of

India?
Or
Q.1. What is the purpose of establishing the Press Council of India.
Ans. Composition, Powers and Functions of the Press Council of India

On the recommendations of the First Press Commission to establish a statutory Press Council, an
Act was passed to establish a Press Council for the purpose of preserving the freedom of the
press and of maintaining and improving the standards of newspapers and news agencies in India;
It was found necessary that there should be some authority vested with the statutory powers.
Hence the Press Council was established in July, 1966. The Press Council Act, 1965 as
repealed by the Press Council (Repeal) Act, 1976 during the emergency After the repeal of
emergency a series of measures were taken by the Government to restore the freedom of the
press and news agencies in the country. As a part of the same it was proposed to revive the Press
Council of India. A bill was presented to establish a Press Council of India on the same lines of
the Press Council Act, 1965, with some changes.
The Press Council Bill, 1977 was passed by both the Houses of Parliament and it came on the
Statute Books as the Press Council Act, 1978 after receiving the assent of the President of India
on 7th September, 1978.
The Press Council is being empowered to levy a fee from newspapers and news agencies for the
service it proposes to render under the provisions of the proposed measures and the amount
realized thereby will be utilized to meet part of the expenses of the Council.
The power to appoint the Chairman and a Member of the Press and Registration Appellate Board
under the Press and Registration of Books Act, 1867, so far vested with the Government of
India, is now proposed to confer on the Press Council of India.
Composition of the Press Council
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The Council shall consist of a Chairman and twenty-eight other members. The Chairman shall be
nominated by a Committee consisting of the Chairman of Rajya Sabha, the Speaker of Lok
Sabha and a person elected by the members of the Council under sub-section (6).
Out of the other twenty eight Members:
(a) Thirteen shall be nominated from journalists; of whom six shall be editors of newspapers and
seven shall be working journalists other than editors. Again out of these not less than three
editors and four journalists from Indian languages.
(b) Six shall be nominated from the proprietor out of which two each shall be of big newspapers,
medium newspapers and small newspapers.
(c) One shall be nominated from the management of news agencies.
(d) Three shall be persons from the field of education and science, law and literature and culture,
of whom one each shall be nominated by the University Grants Commission, Bar Council of
India and the Sahitya Academy.
(e) Five shall be the Members of the Parliament; three to be nominated by the Speaker of the Lok
Sabha from its Members and two to be nominated by the Chairman of Rajya Sabha from its
Members. The Chairman and other members shall hold office for a period of three years.
Committees the of the Council: The Council may constitute from among its members such
committees for general or specific purposes as it may deem necessary and every committee so
constituted shall perform such functions as are assigned to it by the Council.
Power and Functions of Council
The object of the Council shall be to preserve the freedom of the press and to maintain and
improve the standards of newspapers and news agencies in India. The main functions of the
Council are to help maintain independence, build a code of conduct with high professional
standards, maintenance of high standard of public taste, growth of a sense of responsibility and
public service among the newspapers, news agencies and journalists. The Council is also to
review any restriction of the supply and dissemination of news of public interest. It is also to
review any cases of assistance received by any new newspaper or news agency in India from any
foreign source. It is also to undertake the studies of foreign newspapers, brought out in India,
70
their circulation and other matter. The Council is also to see developments such as concentration
of ownership of newspapers and news agencies, which may affect the independence of the press.
Power to Censure
On receipt of a complaint, if the Council so believes that a newspaper or news agency has
offended against the standards of journalistic ethics or public tastes, the Council may after giving
an opportunity to the defendant of being heard, hold an inquiry, and on being satisfied that it is
necessary to do so, it may for reasons to be recorded in writing, warn, admonish or censure the
newspaper, the news agency, the editor or the journalist. The publication of the report of any
inquiry by the Council is mandatory for the newspaper as asked to by the Council and in such
manner as the Council thinks. But the Council shall not make any inquiry into any mater in
respect of which any proceeding is in a court a law. The decision of the Council in respect of
offence against the standards of journalistic ethics or public taste or the publication of the inquiry
report as mentioned above shall be final and shall not be questioned in any court of law.
Holding an Inquiry under the Act
For holding any inquiry under this Act, the Council shall have the same powers throughout India
as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 in
respect of following matters; namely;
a) Summoning and enforcing the attendance of persons and examining them on oath;
b) Requiring the discovery and inspection of documents.
c) Receiving evidence on affidavit;
d) Requisitioning any public record or copies thereof from any court or officer.
e) Issuing notices for the examination of witnesses or documents and
f) Any other matter, which may be prescribed. However, the journalist shall not be compelled to
disclose the source of any news or information published by that newspaper or reported by that
news agency, editor or journalist. Every inquiry held by the Council shall be deemed to be
judicial proceeding within the meaning of Section 193 and 228 of the India Penal Code.
71
Q.2. Give a summary of the recommendations for the Press made by two Press
Commissions.
Ans. Press Commissions of India
First Press Commission

The First Press Commission was constituted in 1952, under the Chairmanship of Justice B.G.
Rajadhyaksha. It was asked to look into the factors, which influence the establishment and
maintenance of high standards of journalism in India. After independence the press was fast
turning from a mission to a business. The Commission remarked that whatever the law relating
to the press may be, there would still be a large quantity of objectionable journalism which
though not falling within the purview of the law, would still require some checking.
The Commission desired that the best way of maintaining professional standards of journalism
would be to establish a body of people principally connects with the industry and it should be
given the responsibility to arbitrate on doubtful points and to ensure the punishment of any found
guilty of infraction of good journalistic behavior. Rajadhyaksha Report did not recommend a
revolution. But it recommended introducing order into an industry which had known no law and
respect none. The First Press Commission for the first time in India defined what a responsible
press should be. An important recommendation of the Commission was the setting up of a
statutory Press Council at the national level, consisting of press people and other members.
Second Press Commission
The Government of India constituted a Second Press Commission in 1978 after the internal
emergency in the country was lifted. The Second Press Commission desired that the press be
neither a mindless adversary nor an unquestioning. The Commission wanted the press to play a
responsible role in the development process. The Press should reflect the aspirations and
problems of the people and widely accessible to them. The Commission said that for
development to take place internal stability was as important as safeguarding national security. It
also highlighted the role of the press in preventing and deflating communal conflict the positive
role of the press in bringing together diverse communal conflict. The positive role of the press in
bringing together diverse elements in the nation’s life was as important as the avoidance of
72
objectionable or communal writing. The Commission recommended that the Press Council of
India should be given statutory power to recommend actions against the newspapers which
consistently violated the Council’s ruling. The report could be divided into three parts:
(i) Dealing with the social
(ii) Industrial and
(iii) Legal; aspects of freedom of expression and press. According to the findings of the report of
a total of three hundred and thirty dailies, five owners controlled fifty four newspapers and 51.2
percent of the circulation.
The Commission said that there already existed a considerable degree of concentration and that
these were not the product of any evil design, but was largely attributed to economic and
technological influences. They were in a monopolistic position in regard to newsprint,
advertisements, financial resources, facilities, relations with the Government. When it was
realized that they came from the same social and economic class the extent of the impact could
be known. The list of unfair and restrictive practices which the report gave illustrated the kind of
unholy competition which prevailed. But in the opinion of organized newspapers proprietors, it
is not easier to recognize that public interest is higher than their right to run and use newspapers
as they like. The Commission proposed that the principle of private ownership as admittedly
recognized by the Commission must go with restraint. No reason has been advanced why there
should not be a limitation on profits in an industry which avails postal and many other
concessions in the pretension to be public utility service. But it conveniently forgets public
interest.
The right to property is extended through manipulation and public opinion. This created as bad
an impression on the Press Commission as they had on the public mind. After independence the
industrialists have made no distinction between the newspaper industry and other industries.
Emphasizing the “freedom of press” for democracy, the Commission said that freedom of
expression must be freed from the steam rollering of the commercial process so that it may mean
the maximum amount of freedom of expression, for the maximum number of people of course
subject to constitutional restraint. The Commission’s recommendations are calculated to help the
development of a healthy press. The appointment of a Press Registrar with the powers and
73
responsibilities outlined by the Commission was to help in the improvement of financial
standards, the maintenance of correct statistics and accurate surveying of the working of the
press.
The recommendation for separation of the accounts of multiple units was in the interest of the
whole are to put an end to adventurism which had led to so much unsteadiness and insecurity.
The recommendation was intended similarly in the interest of the soundness of each unit and
check capricious diversions to the kind of adventure which ended in a closure of newspapers in
Calcutta. Newspapers are started with money dreams of power or want by someone to have a
share in public or wants by someone to have a share in public affairs which he is not otherwise
entitled to. In such cases personal interest overrides public interest. For the development of
Indian press and growth of small newspapers, the Commission sought to deal with the problem
in the only way it could have dealt with it, short of asking the government to subsidize district
press.
The Newspaper Society and certain other interests were visibly upset over the recommendations
of the Commission about state trading in newsprint, a reasonable tariff for news services, a price-
page schedule, readjustment of advertisement allotments and rates and elimination of unfair and
restrictive practices including crossword and other prize competitions. The commission also
stated that for ensuring equal conditions of competition not only should unfair and restrictive
practices go but there should be a fair price paid by reader as a reasonable return for the cost of
production of the paper. This would guarantee a minimum price. It has been presented by certain
interests that a price- page schedule would be against the reader’s interest and that the guarantee
of a certain price would mean compelling the reader to subsidize the newspaper. It would be
better for the reader to subscribe the press than the press being subsidized by any other element.
In the public interest, the reader would rather have a newspaper dependent upon this contribution
rather than upon the direct or indirect contribution of interest whose working is not transparent.
The reader should not mind paying for a newspaper adequately. It is for the reader to judge how
far newspaper is essential for information and instruction for them. It is rather, misleading to
bring in the reader and oppose price-page schedule in the name of his interest. The press should
rather be subsidized by reader who is interested in the fairness of the supply of news, rather than
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at the behest of interested agency or party. Those who have opposed the principle of price-page
schedule in the name of the reader have failed to explain the interplay between the economic and
social elements of the newspaper industry. Within certain price ranges the reader will have
reading matter within the range of his choice and also a healthy and widely diffused up press.
Price-page schedule is perhaps the best means to ensure fair competition and provide help to
small newspapers. The smaller should exert themselves in favour of better- economics and not
for denying economic justice to their employees.
The Commission’s observations on the maintenance and improvement of the standards of the
Journalistic profession are intended as muscle for the practitioners of the profession as for the
newspaper proprietors. It was the duty of the press to work for the establishment of a Press
Council and elimination of those factors separating power and responsibility. For creation of the
proper environment, the Commissions laid down some healthy conditions necessary in the
editorial sphere. For the editorial freedom, the managing editorships and other forms of
managing agencies is required to end soon. The principle of collective bargaining and trade
unionism as recommended for the working journalists and their conditions by the Commission,
industry people who want newspapers to 40 be a special industry for some purposes, are not
willing to accept the limitations that are inherent, like limitations on profit, but want this industry
to be treated like any other industry.
The recommendations for the press made by two Press Commissions could be summarized as
follows:
(i) Help the country in its development process, both by making constructive suggestions as well
as criticism of delays and distortion as in the development process.
(ii) Give the widest possible access to the people, reflecting the pluralistic composition of Indian
society.
(iii) Maintain internal stability and safeguard external security.
(iv) Prevent and deflate social conflict.
The advancement in communication and information technologies have provided greater strength
to communication. Today the magnitude and economics of mass media operations have resulted
in primacy being accorded to market objectives and change in media priorities. The editor’s role
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is influenced by the advertisement and circulation department needs. The Press Council of India
also advised that in reporting on communal or sensitive matters, newspapers should exercise
proper restraint and caution and maintain objective.
First Press Commission in India had recommended constitution of Statutory Press Council in
India. The Second Press Commission too observed that one of the functions entrusted to the
Press Council was to build a code of conduct for newspapers, news agencies and journalists with
a high standard of journalism. The Council claims that attempts at framing an exhaustive code
for journalist in India have either proved futile or resulted in the drawing of certain basic
principles which have not proved helpful while applying the principles to individual cases. All
India Newspaper Editor’s Conference in its code of ethics desired Journalists to serve and guard
public interest, to observe restraints in reports on public disorder and communal tension, to
accept the responsibility for all information published, voluntarily, correct inaccurate
information, not to allow personal interest to influence professional conduct, not to give currency
to rumors concerning the private life of individuals. The declaration of National Union of
Journalists 1981 also is largely on similar lines.
Q.3. “Yellow Journalism cannot pass muster under the guise of freedom of
press.” Justify with the help of case laws.
Ans. Yellow journalism is the use of sensational headlines, rather than factual news, to capture a
reader’s attention. The hope is that the reader will choose one publication over its competitor.
Examples of yellow journalism can be found next to any grocery store’s checkout line, with
tabloids that boast about “shocking” celebrity news, or the “confirmation” of alien life forms.
Modern yellow journalism runs rampant through the internet, daring people to click on
scandalous stories, or shocking headlines.
Newspapers were the original source of news, informing people of the goings-on long before
radio and television were invented. In order to be successful in business, newspaper publishers
began employing new methods to attract readers. This was the start of yellow journalism in the
late 1800s, as publishers saw an opportunity to increase their revenue. The question became how
they would make their newspapers stand out from the competition.
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That’s where yellow journalism came in. In the 1890s, newspaper owners William Randolph
Hearst (New York Journal) and Joseph Pulitzer (New York World) came up with the idea to
sell their papers using exaggeration, melodrama, and even romance. This style eventually
became known as “yellow journalism.” Hearst and Pulitzer would exaggerate true events, and
fabricate events that had never even happened, just to sell more newspapers. The main goal was
to grab the reader’s attention, whether or not the details being published were actually true.
In modern times, yellow journalism can be found in grocery store tabloids and news headlines.
Typically, if a headline contains an exclamation point, complete with words like “shocking,”
“unbelievable,” or “astounding,” then the paper is probably engaging in yellow journalism. One
of the most popular tabloids in the United States – The National Enquirer – is famous for its use
of yellow journalism. Those running the tabloid have been sued several times for their publishing
of “facts” pertaining to celebrities that were not, in fact, true, and which were potentially
damaging to the celebrity’s reputation (slander).
Today, the term “yellow journalism” is used negatively to describe any journalistic style that
treats real news either unprofessionally or unethically. Or that puts forth information as true,
which has no basis in fact. Examples of yellow journalism stories that would be treated in such a
way are those that are either scare-mongering or scandal-mongering. The late American historian
and journalist Frank Luther Mott said that examples of yellow journalism can essentially be
defined by the following traits:
“Scare” headlines printed in large type, despite the news story itself being minor
Generous usage of photos or drawings to accompany the story
The writer being overly sympathetic with the “underdog” in the story and overly against “The
Man” (the system)
Using fabricated interviews, deceptive headlines, pseudoscience, and/or false information from
so-called “experts” to pad out a story
Mott also noted that papers would place particular emphasis on the supplements included with
the Sunday edition of each newspaper, including the “funny pages,” to sell that particular paper,
rather than the substance of its news stories
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In Sahib Singh Mehra vs. State of Uttar Pradesh (A.I.R. 1965 S.C. 1451) the Supreme Court
has cautioned that reckless comments are to be avoided. In a free society, press enjoys an
important position and plays a vital role. It may articulate the yearnings and aspirations of the
inarticulate and give voice and visage to them. A muffled or muted media cannot discharge the
trust that it holds. But the liberty of press, by its history and connotation must be deemed to have
certain limitations. It has to keep within these bounds and not transgress frontiers of decency and
propriety. Vituperative exercise or yellow journalism cannot pass muster under the guise of
freedom of press, no more than shilling shockers, or salacious prose can masquerade, as literary
works. The freedom of press is no are important than the good name of the press.
Q. 4. Define hate speech. Does it impose restrictions on the fundamental rights
of the Constitution of India?
Ans. If we cannot eschew hatred, at least let us eschew group hatred. May we see that we
could have been born as each other?
In a Landmark American judgment, the expression 'hate speech' was described by Justice
Murphy as: fighting words – those which by their very utterance inflict injury or tend to incite
an immediate breach of peace. It has been observed that such utterances are not essential part of
any exposition of ideas and are of such slight social value as a step to truth that any benefit may
be derived from them is clearly outweighed by the social interest in order and morality. Legal
provisions in India Hate speech does not find place in Article 19 (2) of the Constitution and
therefore does not constitute a specific exception to the freedom of speech and expression under
Article 19(1)(a). It would have to be read with Article 19(2) under other specified exceptions
such as 'sovereignty and integrity of India', 'security of the state', 'incitement to an offence' and
'defamation'. A wide range of Indian statutes contain provisions that assist in controlling hate
propoganda. Some of these provisions are:
(1) The Cable Television Networks (Regulation) Act, 1995 requires that all programmes and
advertisements telecast on television confirm the Programme Code and the Advertisement Code.
Rule 6 of the Cable Television Networks Rules, 1994 lays down the Programme Code and
prohibits the carrying of any programme on the cable service.
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(2) Under the Cinematograph Act, 1952 a film can be denied certification on various grounds,
including on the ground that it is likely to incite the commission of an offence or that it is against
the interests of the Sovereignty and Integrity of India or Public order.
(3) The Information Technology Act, 2000 allows the interception of information by the
authorities in the interest of public order or the Sovereignty and Integrity of India or for the
purpose of preventing incitement to the commission of a cognizable offence.
(4) Norms of Journalistic Conduct, 1996 issued by the Press Council of India (constituted under
the Press Council of India Act, 1978) contain the guidelines on the reporting of communal
incidents. The subject of hate speech has gained significance in recent years with the increase in
communal conflagrations accompanied or caused by communal hate campaign. The media
through newspapers, television or the internet has an important role to play in the context of hate
speech. Powerful, potentially provocative and far reaching, the media have time and again
allowed itself to be used to fuel such campaigns through active propaganda or irresponsible
reporting. Equally, the media are capable of assisting in quelling the effects of hate speech
through responsible and restrained reporting.
Reporting hate speech
More than ever before, the Indian media came into sharp scrutiny with its coverage of communal
violence in Gujarat in 2002. On the morning of 27th February, 2002 the Sabarmati Express that
had just arrived in Godhra, Gujarat is alleged to have been torched, burning alive 58 pilgrims on
their return from Ayodhya, the legendary birthplace of Lord Rama. The needle of suspicion was
on the Muslim community that dominated Godhra. As the news spread, the State of Gujarat saw
the bloodbath against Muslims in independent India. The press came in for some sharp criticism
for its provocative reporting in an already incensed and communally charged atmosphere. The
Editors' Guild Report indicts sections of the vernacular press, notably the Sandesh and the
Gujarat Samachar for its depiction of grisly colour photos of Godhra victims and slanted reports
which were said to have played a role in the violent aftermath of Godhra. Methods stated to have
been used by some vernacular papers to sensationalize the incident were:
Use of headlines to provoke and communalize For instance, the front page in the Sandesh or
28th February, 2002 carried the headline, 'Avenge Blood with Blood'. This was apparently a
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quote from a statement issued by a VHP leader. On 1st March, 2002, a headline claimed that a
'mini Pakistan' was in existence in a Muslim dominated area of the city. On 6th March, 2002, a
headline read, 'Hindus Beware: Haj, Pilgrims Return with a Deadly Conspiracy'. One local paper,
Madhyantar carried an eight column commentary on the front page headlined 'Muslims will have
to prove they are fully Indian'.
• Photographs of burnt, mangled bodies were a common feature on the front page of several
papers. Also, photographs of trishul wielding kar sevaks were splashed across the front pages.
Both kinds of photographs instilled terror and animosity between the communities involved.
• Local TV channels telecast inflammatory speeches by local leaders. The licences of some cable
operators were suspended for a couple of days after they showed live coverage of rioting in the
sensitive Macchipith area. Cable channels telecast aggressively nationalistic, anti-Pakistan films
such as GADAR, BORDER and MA TUJHE SALAAM.
This was the first time that the electronic media was used to fuel the fire. Rioters and looters
were given directions on mobile phones. SMS messages were sent out with the rumour that milk
supplies had been poisoned. E-mail was used to threaten, intimidate and send out hate mail.16 •
One English daily carried a front page photo showing scores of new born babies born in relief
camps set up for Muslim riot victims, reinforcing, as it would seem, the Chief Minister, Narendra
Modi's infamous rhetoric that Muslim ghettos17 were baby producing center ('hum paanch
hamaare pachees'). On 3rd April, 2002, the Chairman of the Press Council of India, Justice K.
Jayachandra Reddy noted with anguish that: A large number of newspapers and news channels in
the country and, in particular, a large section of the print and electronic media in Gujarat has,
instead of alleviating communal unrest, played an ignoble role in inciting communal passions
leading to large scale rioting, arson, and pillage in the State concerned.
A complaint of the State Government of Gujarat and indeed, sections of public was that there
was inadequate media coverage in the English press over the Godhra carnage and of other
incidents where Hindus had been victimised: the anger and indignation that was later expressed
over the aftermath all over Gujarat was missing from the reports on Godhra.19 There were
suggestions that the Godhra victims had invited the situation upon themselves by their conduct
which included forcing Muslims to chant 'Jai Shri Ram.' Interestingly, a local paper with a large
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Muslims readership, the Gujarat Today seemed to have altogether avoided any report on the
Godhra incident. The editorial of 28th February, 2002 focused exclusively on the railway budget
announced the previous day and made no reference to the Godhra carnage. There is no doubt that
the media played an invaluable role in bringing to the citizen the true state of affairs in Gujarat.
If one had relied on the State Information Department which dismissed the gruesome riots
involving the killing of hundreds of innocent people as mere violent disturbances, the public
would never have known the extent of violence and destruction. Having said that, in an already
surcharged atmosphere, even the best from the press seem to have done a little to calm or
alleviate the tensions.
While there is a duty cast upon the media to report accurately and honestly and keep the citizen
informed of what the government may choose to hide, there is a corresponding duty to avoid
sensation, graphic pictures, strong adjectives and provocative display. Since there is a little or no
time to edit or censure instantaneous coverage, there is an onerous burden on the reporter to use
his discretion to report the truth but ensure that in doing so he does not fuel or incite further
violence. While it is difficult and perhaps undesirable to lay down strait-jacketed rules on
reporting during communal incidents, Gujarat ought to be a grim wake up call for reform and
self-regulation in the media.
So media should remain within its limits, and keep the honorable status of Fourth Estate intact
and it should not misuse its rights by forgetting its accountability. According to Sir Acton, power
corrupts and absolute power corrupts absolutely. Especially, in a democracy where media enjoy
sufficient freedom, responsibility becomes-all most important. With great power comes great
responsibility.
Q.5. What do you understand by decency and morality? State the difference
between indecency and obscenity. What are the different tests of obscenity?
Discuss.
Ans: Decency and Morality
Article 19(2) of the Indian Constitution permits legislative abridgement of the right to freedom of
speech and expression in the interests of decency or morality. The expression "indecency" seems
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to be easily interchangeable with "obscenity," the word commonly used in English statutes.
When the word "indecent" occurs in English statutes, it seems to convey practically the same
meaning as the word "obscene." The word "morality" has a wider connotation than "decency." In
Chapter XIV of the Indian Penal Code entitled "Of offences affecting ... decency and morals,"
while sections 292-294 deal with obscenity, section 294A treats of "keeping lottery-office." The
fact that the Supreme Court did not uphold a law penalizing the "commending" of an intoxicant
may only indicate that such commending is not against morality as determined by contemporary
community standards. It does not seem to signify that, because the word "morality" when it
occurs in Article 19(2) connotes only sexual morality, the commending of intoxicants is beyond
the limits permitted for restrictive legislation. It may be safely assumed that the word can be
made to cover much wider field than sexual morality and -it would not be surprising if a law
prohibiting advertisement of lotteries is sustained as valid in the interests of morality.
The way to express something or to say something should be a decent one. It should not affect
the morality of society adversely. Our constitution has taken care of this view and inserted
decency and morality as a ground. The words ‘morality or decency’ are words of wide
meaning. Sections 292 to 294 of the Indian Penal Code provide instances of restrictions on the
freedom of speech and expression in the interest of decency or morality. These sections prohibit
the sale or distribution or exhibition of obscene words, etc. in public places. No fix standard is
laid down till now as to what is moral and indecent. The standard of morality varies from time to
time and from place to place.
The word “decency” in Article 19(2) is often run together with “morality”, forming the
compendious term, “decency or morality“. Since judicial discussion tends to focus on the
meaning of “morality”, the word “decency” tends to get subsumed within the meaning of
“morality”.
S. 123(3) of the Representation of Peoples Act prohibited a person from appealing for votes on
the basis of “his religion, race, caste, community or language.” In the Bal Thackeray Case, it was
argued that Section 123(3) violated Article 19(1)(a), and was constitutional only if the said
appeal was directly prejudicial to public order, as envisaged by Article 19(2). The Court rejected
this contention. Naturally, then, S. 123(3) was either unconstitutional, or saved by another head
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under Article 19(2). The Court settled upon the latter course, and chose decency. Rejecting the
appellant’s argument that the phrase “decency or morality” was limited to “sexual morality”, the
Court held:
“The ordinary dictionary meaning of ‘decency’ indicates that the action must be in conformity
with the current standards of behavior or propriety, etc. In a secular polity, the requirement of
correct behavior or propriety is that an appeal for votes should not be made on the ground of the
candidate’s religion which by itself is no index of the suitability of a candidate for membership
of the house.”
The Court went on to add:
The fact that the scheme of separate electorates was rejected in framing the Constitution and
secularism is the creed adopted in the Constitutional scheme are relevant considerations to treat
this as a reasonable restriction on the freedom of speech and expression, for maintaining the
standard of behavior required in conformity with the decency and propriety of the societal
norms.
In Ranjit Udeshi, it was held that, “morality” means in Article 19(2). For reasons both textual
and philosophical, the counsel argued that the Court was mistaken in equating “morality” with
either “public morality” or “individual morality”; and that, in the alternative, the best
interpretation was reading it to mean “constitutional morality“, that is, the moral principles
espoused by the Constitution as a whole, and not those of a shifting, transient majority. In Bal
Thackeray, the Court clearly accepted such a reading of the word “decency”. Because obviously,
if decency means “public decency”, or the standards of decency maintained by a present
majority, then it makes no sense to curtail election speeches on the grounds of decency, because
– and this much, at least, is uncontroversial – the ballot box is, at present, one of the – if not the
– most effective way of gauging public opinion. If I appeal to my religion to gain votes, and I do
succeed in persuading the majority to vote for me, then it cannot really be argued that the public
considers such an appeal contrary to decency.
The argument is buttressed by the specific observations of the Court. It defines acceptable
behaviour in the context of a secular polity. A secular polity, however, is not a matter of public
opinion – it is a constitutional commitment, and has been repeatedly held to be part of the basic
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structure of the Constitution. The Court makes it explicit, holding that secularism is part of
the constitutional scheme. Thus, the Court derives its meaning of decency not from a vague
reference to public standards, but by directly invoking the philosophy of our Constitution.
This has important ramifications. Consider again, the phrase 19(2) phrase, “public order, decency
or morality“. In Udeshi, it was pointed out whether the word “public” qualifies only “order”, or
all three words, “order”, “decency” and “morality”. Clearly, both interpretations are
grammatically unexceptionable. But if, per Bal Thackeray, “decency” means “constitutional
decency”, then “public” doesn’t qualify “decency” after all. And if that is the case, then it would
be grammatically absurd for it to quality “order” and “morality”, but not “decency”. Therefore, it
is a necessary implication of the Bal Thackeray decision that the morality referred to in Article
19(2) is not public morality.
Regretfully, however, the Court’s overall jurisprudence in this area remains a tangled knot.
In Odyssey Communications v. Lokvidayan Sanghatana (1988), the Court blithely employed
the phrase “public morality”, without any argument.
Difference between Indecency and Obscenity
In Bobby Art International v. Om Pal Singh Hoon (1996), the case about the screening of The
Bandit Queen, the Court allowed the screening of the film, including scenes of rape and frontal
nudity, because it found on fact that the impugned scenes advanced the message of the film, and
were not designed to “titillate the cinema-goer’s lust“. Since the Court declined to expound upon
the particular harm caused to self or others by this “titillating of lust”, we must assume that this
is a case of legal moralism, predicated upon reading “morality” in Article 19(2) as referring to
“individual morality”, with the Court taking upon itself the role of protecting individual morals
from depravity. On the other hand, in Ajay Goswami v. Union of India (2007) the Court, dealing
with an obscenity case, after citing a bewildering array of tests, from “Hicklin” to “clear and
present danger”, from “ordinary man” to “contemporary standards”, finally affirmed both a harm
standard and a violation of morality standard within the same paragraph! And most recently,
in S. Khushboo v. Kanniammal (2010) the question arose whether criminal proceedings against
an actress who called for social acceptance for pre-marital sex in live-in relationships, could be
sustained. It was argued that public morality was strongly supportive of limiting sexual
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intercourse to the marital relationship, and that such statements would lead to “deviant behaviour
which would adversely affect public notions of morality.” While the Court accepted the present
state of the law on obscenity (which, it would seem, astonishingly enough, is still the
Victorian-era Hicklin Test), it also observed:
“Notions of social morality are inherently subjective and the criminal law cannot be used as a
means to unduly interfere with the domain of personal autonomy.” The Court noted that those
who viewed her remarks as an attack upon the centrality of the institution of marriage had every
freedom to contest their merit through the existing channels of free speech, such as the media.
This was precisely how dialogue and discussion took place in a democracy, “wherein people can
choose to either defend or question the existing social mores.”
“An expression of opinion in favour of non-dogmatic and non- conventional morality has to be
tolerated as the same cannot be a ground to penalise the author.”
Assuming – reasonably – that “conventional morality” and “public morality” refer to the same
idea, it is clear, on a combined reading of the three observations of the Court, that preservation of
“public morality” is not, after all, in itself, a ground for restricting free speech! Of course, the
issue is more complicated, since the Court was undoubtedly influenced by the fact that the case
was not about a pornographic film that depicted sex, but about a statement in a newspaper. Yet is
there a principled difference between an influential actress persuading people about the
desirability of pre-marital sex by making a statement, and a pornographic film doing the same
by depicting it? If there is, the Court did not attempt to explicate it.
In conclusion, therefore, it is rather difficult to extract a coherent philosophy out of the Court’s
“decency and morality” jurisprudence over the last fifty years. We saw that there are at least
three possible ways of interpreting this phrase, each of which correspond to a different political
philosophy, and a different vision of society: speaking very broadly, and ignoring all the nuances
employed within this terms, these are legal paternalism, legal moralism and a strong,
autonomy-respecting harm principle. The Court, in its decisions, has at various times endorsed
all of them, some of them, or none of them. We await clarity on this important issue.
It would seem that "obscenity" has had no fixed meaning. It appears to keep changing its clothes,
probably less frequently than fashions change in a modern metropolis. As Professor Gellhorn
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puts it, "It is a variable. Its dimensions are fixed in part by the eye of the individual beholder and
in part by a generalized opinion that shifts with time and place."
Tests for Obscenity
Hicklin Test
The English case laid down the Hicklin test in the case of Regina v. Hicklin (1868).The test
relies on judging the content with respect to its tendency to deprave or corrupt. This depravity is
reasoned to result from the content evoking or opening a person’s mind to any eroticism or
sexual arousal. Finally, the test is not judged from the perspective of an adult, but those minds
which are open to such “immoral” influences.
Indian Supreme Court while applying this test made slight modifications. They called it the
community standard test. If an obscene material is against the community standards and is also
too evident in the content, so much so that the artistic value if the content is shadowed by
obscenity, then the content can be ruled as obscene and banned from public circulation.
Roth Test
In the case of Roth vs. United States (1957) the US Supreme Court held that obscene material is
not covered under First Amendment (No bar on free speech) and hence can be regulated by the
state. It laid down 5 points, explaining the test:
1. The perspective of evaluation was that of an ordinary, reasonable person.
2. Community standards of acceptability were to be used to measure obscenity
3. Works whose predominant theme was questionable were the only target of obscenity law
4. Work as a whole must be tested for obscenity.
5. An obscene work was one that aimed to excited individual’ prurient interest
Memoirs vs Massachusetts In 1966, the US Supreme Court while deciding whether a book is
obscene or not laid down another test which was soon overruled by the Miller’s Test. They
suggested that 3 elements must be established:
The dominant theme of the material taken as a whole appeals to a prurient interest in sex
The material is patently offensive because it affronts contemporary community standards relating
to the description or representation of sexual matters
The material is utterly without redeeming social value.
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Miller Test
Obscenity is evaluated by federal and state courts alike using a tripartite standard established
by Miller v. California.
The Miller test for obscenity includes the following criteria:
(1) whether ‘the average person, applying contemporary community standards’ would find that
the work, ‘taken as a whole,’ appeals to ‘prurient interest’
(2) whether the work depicts or describes, in a patently offensive way, sexual conduct
specifically defined by the applicable state law, and
(3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific
value.
Q.1. The Press Commission of India.

Ans. There were two Press Commissions of India. The recommendations for the press made
by two Press Commissions could be summarized as follows:
• Help the country in its development process, both by making constructive suggestions as
well as criticism of delays and distortion as in the development process.
• Give the widest possible access to the people, reflecting the pluralistic composition of
Indian society.
• Maintain internal stability and safeguard external security:
• Prevent and deflate social conflict.
The advancement in communication and information technologies have provided greater strength
to communication. Today the magnitude and economics of mass media operations have resulted
in primacy being accorded to market objectives and change in media priorities. The editor’s role
is influenced by the advertisement and circulation department needs. The Press Council of India
also advised that in reporting on communal or sensitive matters, newspapers should exercise
proper restraint and caution and maintain objective. First Press Commission in India had
recommended constitution of statutory Press Council in India.
87
The Second Press Commission too observed that one of the functions entrusted to the Press
Council was to build a code of conduct for newspapers, news agencies and journalists with a
high standard of journalism. The Council claims that attempts at framing an exhaustive code for
journalist in India have either proved futile or resulted in the drawing of certain basic principles
which have not proved helpful while applying the principles to individual cases.
All India Newspaper Editor’s Conference in its code of ethics desired Journalists to serve and
guard public interest, to observe restraints in reports on public disorder and communal tension, to
accept the responsibility for all information published, voluntarily, correct inaccurate
information, not to allow personal interest to influence professional conduct, not to give currency
to rumors concerning the private life of individuals. The declaration of National Union of
Journalists 1981 also is largely on similar lines.
Many people think of plagiarism as copying another's work or borrowing someone else's original
ideas. But terms like "copying" and "borrowing" can disguise the seriousness of the offense.The
expression of original ideas is considered intellectual property and is protected by copyright
laws, just like original inventions. Almost all forms of expression fall under copyright protection
as long as they are recorded in some way (such as a book or a computer file). Hence the words
and ideas can be stolen.
All of the following are considered plagiarism:
1. turning in someone else's work as your own
2. copying words or ideas from someone else without giving credit
3. failing to put a quotation in quotation marks
4. giving incorrect information about the source of a quotation
5. changing words but copying the sentence structure of a source without giving
credit
6. copying so many words or ideas from a source that it makes up the majority of
your work, whether you give credit or not (see our section on "fair use" rules)
Most cases of plagiarism can be avoided, however, by citing sources. Simply acknowledging that
certain material has been borrowed and providing your audience with the information necessary
to find that source is usually enough to prevent plagiarism.
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Q.2. Write a Notes on Defamation.
Ans. Defamation
Defamation is oral or written statement that hurts someone’s reputation. In Bhagwad Gita,
“For a Man of honour Defamation is worse than death”. It is considered as Great Evil.
Reputation is an integral and important part of the dignity of the individual and Right to
reputation is inherent right guaranteed by Article 21 and it is also called as natural rights. While
Rights of freedom of speech and expression guaranteed by Article 19(1)(a) of Constitution of
India is not absolute and has imposed reasonable restrictions for exercising rights in the interest
of the security of state, friendly relations with foreign states, public order, decency, morality,
contempt of court, defamation. Only Defamation Laws protect individual’s private interest and
reputation. In India, Defamation can be viewed as a civil offence as well as criminal offence and
may be defined as the writing, publication and speaking of a false statement which causes injury
to reputation and good name for private interest. The remedy for a civil defamation is covered
under Law of Torts. In civil defamation, a victim can move high court or subordinate courts for
seeking damages in the form of monetary compensation from accused. Section 499 and 500 of
the Indian Penal Code provides an opportunity to the victim to file a criminal case for defamation
against the accused. Punishment for the guilty person for criminal defamation is simple
imprisonment which may extend to two years or fine or both. Under the criminal law, it is
bailable, non-cognizable and compoundable offence.
Constitutional validity of Section 499 & 500 of Indian Penal Code
In some countries, defamation laws are not criminal laws. Therefore, whether section 499 & 500
of IPC is constitutionally valid? Recently, the Supreme Court in Subramanian Swamy v. Union
of India upheld constitutional validity of defamation laws and ruling that they are not in conflict
with the right of speech. Apex court also said that one is bound to tolerate criticism, dissent and
discordance but not expected to tolerate defamatory attack.
Elements of Defamation and its exception
89
Defamation statement must be in a spoken or written or published or visible manner and must be
false and injured directly or indirectly to the reputation of an individual or his family members or
caste and lowers the moral of the victim and statement is unprivileged statements. Following
Statements can’t be considered as defamation
Any truth statement made in public interest;
Any opinion given by the public in respect of conduct of a public servant in discharge of his
functions, his character appears;
• Conduct of any person touching any public question;
• Publication of any proceedings of courts of justice including any trial of court and
judgment.

Q.1. “Plagiarism is an offence in journalism.” Explain.
Ans. Plagiarism is presenting someone else’s work or ideas as your own, with or without their
consent, by incorporating it into your work without full acknowledgement. All published and
unpublished material, whether in manuscript, printed or electronic form, is covered under this
definition. Plagiarism may be intentional or reckless, or unintentional. Under the regulations for
examinations, intentional or reckless plagiarism is a disciplinary offence.
According to the Merriam-Webster, to "plagiarize" means:
1. To steal and pass off (the ideas or words of another) as one's own
2. To use (another's production) without crediting the source
3. To commit literary theft
4. To present as new and original an idea or product derived from an existing source
In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and
lying about it afterwards.
Q.2. What are the recommendation of the first press commission?

Asn. The First Press Commission
90
The First Press Commission was constituted in 1952, under the Chairmanship of Justice B.G.
Rajadhyaksha. It was asked to look into the factors, which influence the establishment and
maintenance of high standards of journalism in India. After independence the press was fast
turning from a mission to a business. The Commission remarked that whatever the law relating
to the press may be, there would still be a large quantity of objectionable journalism which
though not falling within the purview of the law, would still require some checking.
The Commission desired that the best way of maintaining professional standards of journalism
would be to establish a body of people principally connects with the industry and it should be
given the responsibility to arbitrate on doubtful points and to ensure the punishment of any found
guilty of infraction of good journalistic behavior. Rajadhyaksha Report did not recommend a
revolution. But it recommended introducing order into an industry which had known no law and
respect none. The First Press Commission for the first time in India defined what a responsible
press should be. An important recommendation of the Commission was the setting up of a
statutory Press Council at the national level, consisting of press people and other members.
+
91

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KAMKUS COLLEGE OF LAW

B.A., LL.B. IV SEM

Ans. Broadcast Sector

Broadcast is an element of communication. Communication has five elements, one of them is

Ans. PRASAR BHARATI

Ans. THE BROADCASTING BILL1997

2. To grant licences for broadcasting services.

5. To determine the programme code and standard.

6. To take necessary action for violation of code, violation of condition of licence.

The authority can appoint a committee of experts to advice on:

2. Practices to be followed in connection to portrayal of violence, sexual conduct in the

Ans. Broadcasting Policy

1. Criticism of friendly countries.

2. Attack on religion or communities.

3. Anything obscene or defamatory.

4. Incitement to violence or anything against the maintenance of law and order.

5. Anything amounting to contempt of court.

6. Aspersions against the integrity of the President, Governors, and Judiciary.

7. Attack on a political party by name;

9. Anything showing disrespect to the Constitution or advocating change in the Constitution by

Q. 2. What is Indian Broadcasting Authority Describe the functions of

1. Community radio broadcast,

2. Community television broadcast;

3. Satellite radio broadcast;

4. Satellite television broadcast,

5. Direct to home broadcast,

6. Local relay services and,

7. Such other services, as may be prescribed.

Ans. Different types of broadcasting

Print Media Broadcast Media

1. General Interest Magazine.

Importance of broadcast media

11. Communicate in One Voice

Ans. Broadcast sector

Communicator Message Medium Audience Feedback

Q. 2. What do understand by Broadcast Policy?

Ans. Broadcasting Policy

Ans. Ethics of Broadcasting

Truth and Accuracy

Q. 4. What do you understand by broadcasting Bill, 1977?

Ans. Broadcasting Bill, 1977

Detailed Questions Answers

Q. 1. Which are the main legislations on broadcasting sector in India? Give a

Press and Registration of Books Act, 1867

Vernacular Press Act, 1878

Code of Criminal Procedure (Cr. PC)

The Newspaper (Incitement to Offences) Act, 1908

Indian Press Act, 1910

Official Secrets Act, 1923

The Indian Press (Emergency) Powers Act, 1931

The Newspaper (Price and Page) Act, 1956

Criminal Law Amendment Act, 1961

Press Council Act, 1965

The Criminal and Election Laws Amendment Act, 1969

Prasar Bharti Act, 1990

The Freedom of Information Act, 2002

Right to Information Act, 2005

The Information Technology Act, 2000

Prasar Bharti Act, 1990

Q. 2. What do you know about Prasar Bharti (Broadcasting Corporation of

Ans. Prasar Bharati (Broadcasting Corporation of India) Act, 1990

Prasar Bharti Board

Short questions Answers