Media Law and Ethics. M. NEELAMALAR Lecturer Department of Media Sciences Anna University Chennai Chennai

Transcription

1

2 Media Law and Ethics M. NEELAMALAR Lecturer Department of Media Sciences Anna University Chennai Chennai New Delhi

3 MEDIA LAW AND ETHICS M. Neelamalar 2010 by PHI Learning Private Limited, New Delhi. All rights reserved. No part of this book may be reproduced in any form, by mimeograph or any other means, without permission in writing from the publisher. ISBN The export rights of this book are vested solely with the publisher. Published by Asoke K. Ghosh, PHI Learning Private Limited, M-97, Connaught Circus, New Delhi and Printed by Glorious Printer, Delhi

4 Contents Preface Table of Cases ix xi CHAPTER 1 HISTORY OF MEDIA LAW IN INDIA Introduction Other Major Acts 2 Exercises 4 Further Reading 4 CHAPTER 2 INDIAN CONSTITUTION Introduction Fundamental Rights Directive Principles of State Policy Centre State Relations Legislative Relations Emergency Provisions Amendment of the Constitution Parliamentary Privileges 13 Exercises 13 Further Reading 14 CHAPTER 3 FREEDOM OF MEDIA Introduction Cases Related to Freedom of Media 16 Exercises 24 Further Reading 24 CHAPTER 4 DEFAMATION Introduction Libel and Slander Case Related to Defamation 28 Exercises 33 Further Reading 33 iii

5 iv Z Contents CHAPTER 5 PROVISIONS OF THE INDIAN PENAL CODE AND CRIMINAL CODE Introduction The Indian Penal Code The Criminal Procedure Code, Exercises 47 Further Reading 48 CHAPTER 6 OFFICIAL SECRETS ACT Introduction Salient Features of the Act 49 Exercises 54 Further Reading 54 CHAPTER 7 THE CONTEMPT OF COURTS ACT, Introduction Salient Features of the Act Cases Related to Contempt of Court 58 Exercises 63 Further Reading 63 CHAPTER 8 PRINT MEDIA: ACTS Introduction The Press and Registration of Books Act, Salient Features of the Act Registration of Newspapers Press Council Act, Salient Features of the Act Working Journalists and Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, Salient Features of the Act 72 Exercises 75 Further Reading 75 CHAPTER 9 INTELLECTUAL PROPERTY RIGHTS Introduction World Trade Organization Enactments The Designs Act, Trade and Merchandise Marks Act,

6 Contents Z v The Patents Act, The Copyright Act, Cases Related to Copyright and IPR 106 Exercises 117 Further Reading 117 CHAPTER 10 ADVERTISING Introduction The Monopolies and Restrictive Trade Practices Act, Salient Features of the Act Drugs and Magic Remedies (Objectionable Advertisements) Act, Exercises 124 Further Reading 125 CHAPTER 11 CYBER CRIMES Introduction Types of Cyber Crimes Cyber Crimes against Women Information Technology Act, Salient Features of the Act Penalties and Adjudication Offences 133 Exercises 138 Further Reading 138 CHAPTER 12 MEDIA LAW AND WOMEN Introduction Indecent Representation of Women (Prohibition) Act, Salient Features of the Act Indecent Representation of Women (Prohibition) Rules, Other Regulations to Safeguard Women 142 Exercises 143 Further Reading 143 CHAPTER 13 MEDIA LAW AND CHILDREN Introduction The Children Act,

7 vi Z Contents 13.3 The Young Persons (Harmful Publications) Act, Other Regulations Guidelines (ASCI) 148 Exercises 149 Further Reading 149 CHAPTER 14 BROADCASTING Introduction The Prasar Bharati (Broadcasting Corporation of India) Act, Salient Features of the Act The Cable Television Networks (Regulation) Act, The Cable Television Networks Rules, Broadcasting Services Regulation Bill, Exercises 162 CHAPTER 15 FILM MEDIA Introduction Cinematograph Act, Cases Related to Cinematograph Act 168 Exercises 176 Further Reading 176 CHAPTER 16 MEDIA ETHICS Introduction Ethics vs. Law Ethics vs. Principles of Journalism Code of Ethics Print Media Advertising Code for Commercial Advertising Over All India Radio The Code Procedure for the Enforcement of the Code Code for Commercial Advertsing on Doordarshan Procedure for the Enforcement of the Code Excerpts of Advertisement Standard Council of India s Code of Ethics Purpose Declaration of Fundamental Principles 197

8 APPENDIX I APPENDIX II Contents Z vii Responsibility for the Observance of this Code The Code and the Law Broadcasting Ethics SECTION 1: Fundamental Principles SECTION 2: Principles of Self Regulation Impartiality and Objectivity in Reporting Ensuring Neutrality Reporting on Crime and Safeguards to Ensure Crime and Violence Not Glorified Depiction of Violence or Intimidation against Women and Children Sex and Nudity Privacy Endangering National Security Refraining from Advocating or Encouraging Superstition and Occultism Sting Operations Corrigendum Viewer Feedback 210 Exercises 210 Further Reading 210 Excerpts from the Code of Ethics for Advertising in India Issued by the Advertising Council of India 211 Code of Standards in Relation to the Advertising of Medicines and Treatments APPENDIX III Standards of Practice for Advertising Agencies (As approved by the Advertising Agencies Association of India, Bombay) References 219 Index

9

10 Preface In the current scenario, students of media come across a variety of options to choose from, as far as their career choice is concerned. Print, electronic, the Internet and also the film media provide them with a plethora of opportunities. Whichever media and whichever type of job they choose, all of them need to possess some basic knowledge of media law. Failing to do so will not only cost them dear but also their employers and the media organizations to which they belong the defamation and contempt of court cases pending against media organizations in various courts of India being just a small example. This is an era in which the importance of professional ethics, and also the lack of it, is being increasingly felt in all the professions. Comparatively speaking, media professionals have all the more responsibility to adhere to ethics in their profession as the unethical content in media has the capacity to affect the psyche and norms of the entire nation. This book has been authored for the purpose of providing a complete account of law and ethics relevant to media and media professionals. The book has been designed in such a way that it caters well to the needs of media students and comprehensively covers the syllabus of the course on Media Law and Ethics. The first chapter gives a brief history of media law in India. The second chapter provides those parts of the Indian Constitution which are essential for a journalist to know. The third chapter discusses freedom of media guaranteed by the Indian Constitution with a digest of a few cases. The fourth chapter deals with defamation with a few cases on the subject. The fifth chapter provides provisions of the Indian Penal Code and Criminal Procedure Code which are relevant to media. The sixth chapter gives the salient features of the Official Secrets Act, The seventh chapter gives the salient features of The Contempt of Courts Act, 1971 with a digest of a few cases. The print media has always occupied a place of pride in the country s history and it is the well-regulated medium in India. The eighth chapter gives an account of the Acts related to print media in India. The ninth chapter gives a description of Intellectual Property Rights (IPR) and the Acts dealing with IPR in India. Advertisements are well known for their ability to persuade people and ix

11 Media Law And Ethics 25% OFF Publisher : PHI Learning ISBN : Author : M Neelamalar Type the URL : Get this ebook