Mass Comm. & Journalism

Official Secrets Act (OSA), 1923

2010-04-19T03:10:00.006+05:30

An "Invalid" Act?

Passed in April 1923 by the Legislative Council, the Act was never notified in the Gazette of India. To become law, every Act must be notified in the Gazette of India. The National Archives of India, ministries of Home and Law say they are not in possession of any such notification. None exists in the 1923 Gazette of India either. Legal luminaries say that if an Act is not notified, it is an "invalid" law. The OSA was amended twice, in 1951 and 1967, and made more stringent. But only the amendments were notified in the 'Extraordinary Gazette of India'.

Forget its validity. Let’s talk about the Act:

    * OSA was designed to protect the British executive in India from accountability. British strategy in India was to deal with matters internally allowing only senior officials to explain government policy. However once the OSA was enacted in Britain in 1889, it was duplicated in India. The Act was enacted to prevent the disclosure of any information rather than deal with either spying or state security. In 1967 amendments were brought post Indo-Pakistan War but in place of liberating the law it actually increased penalties and facilitated prosecution.

    * OSA is a major impediment in the way of freedom of the press. This has been misused time and again by the state machinery to shut the mouth of the press. This law was enacted by the colonial regime to protect the executive from public scrutiny and transparency.

    * OSA defines a number of offences which are a threat to the National Security. Its aim is to prevent any threat to (i) National Security (ii) Leakage of Secret Information; (iii) Sabotage of the System; etc.

OSA roughly has two parts:

1. Spying: The punishment for spying on the country’s defence system is a prison term of up to 14 years.

2. Unauthorized communication: of any Secret Official Code / Passwords / Sketch / Plan

(Blueprint) / Model / Article / Note / Document / Information.

Supporters of Freedom of the Press consider this act as the most deadly of all laws affecting the Press in India. According to this Act, a person passing Official Secrets clandestinely to the enemies of the State is punishable for 3 to 14 years.

During Mrs. Gandhi’s infamous emergency (1975-1977), this Act caused a grave threat to the Freedom of the Press like the black law of censorship.

The basic features however remained the same:

Section 3:

§         Prohibits approaching, inspecting, passing over or entering in the vicinity of a prohibited place. Under the Act, it is also an offence to obtain, collect, record, publish or communicate to any other person these items or any "other document or information which is calculated to be or might be or is intended to be, directly, or indirectly, useful to an enemy or which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with Foreign States."

§         The basic premise of the Section is that even if the case against the accused is not proven, "his conduct or his known character as proved" could create a presumption that his action was prejudicial to the safety or interests of the state. As in British courts, "enemy" has been interpreted to include "potential enemy".

Penalty for spying: 14 years of imprisonment.

Section 5:

§         This section happens to be the catch-all provision of the OSA. It relates to the willful communication, uses, retention or failure to take reasonable care of all information which has been entrusted in confidence to him by any person holding office, or which he has obtained or which he has had access to owing to his position. The voluntary reception, possession or control of any such information is also an offence.

§         If there is knowledge or reasonable cause to believe that such information is communicated in contravention of Section 5(2) of the Act shall be punishable for a term which may extend to 3 years, with or without fine.

What is 'Official Secret'?

It includes any kind of information; any official code, password, sketch, plan, model, article, note, document or information. The only qualification is that it should be "secret". The word "secret" or "official secrets" actually remain undefined in the Act.

The only clarity being that the Act applies only to official secrets and not to secrets of a private nature. Hence, the Act extends to ministry or department of the government, but not to an incorporated body like a university, government company or public corporation.

Since, there is no definition of "secret" in the Act the Government has the discretion to classify anything and everything as a "secret" as per the Official Secrets Act. The typical practice of the government is to treat any information as secret, merely because it may embarrass the government or the party in power.

The OSA 1923 was enacted with the purpose of protecting the safety and integrity of the State, but unfortunately the wide discretionary powers conferred upon the administrative authorities with a view to facilitating the task of protection of National Security were being exercised indiscriminately. There is no doubt that a statute of the nature of OSA is an indispensable requirement of a sovereign State but at the same time without necessary precaution, it is a grave threat to Freedom of the Press and transparency in governance.

The OSA and Article 19(1) (A):

Article 19(1) (a) of the Constitution guarantees the Right to Freedom of Speech and Expression to every citizen. The Freedom of Speech and Expression does include the right to acquire and disseminate information. The OSA 1923, it is claimed, violates all these rights by virtue of the restrictions it puts on the Freedom of Information. The vague provisions of the OSA 1923 also facilitate attempts on the part of the Government to threaten Media Personnel.

While discussing the conflict between these two Acts, it would be remarkable to quote the Judicial verdict in the famous State of UP v Raj Narain:

…" In a government of responsibility like ours, where all the agents of the Public must be responsible for their conduct, there can be but few secrets. The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor, which should make one wary, when secrecy is claimed for transactions, which can, at any rate have no repercussions on public security.”…

Commission and Committee Reports On The Constitutionality Of The OSA:

Several Commissions and Committees have reviewed the OSA; the Press Laws Inquiry Committee (1948), the Press Commission (1954), the Law Commission (1971) and also by a Study Group appointed by the Central Government in 1977.

The First Press Commission though endorsed the Pro- Secrecy stance of the Press Laws Inquiry Committee did also make one other important observation:

"We agree with the contention that merely because a circular is marked secret or confidential, it should not attract the provisions of the Act, if the publication thereof is in the interest of the Public and no question of National Emergency and interest of the State as such arises."

The Second Press Commission and the Press Council of India had recommended that Section 5 be scrapped. The commission suggested its replacement by provisions modeled on those of the British Freedom of Information Bill, 1978. The Council asked for the repeal of the OSA and to enact a new legislation, which may be called Freedom of Information Act.

In the era of RTI this British Raj draconian Act is against the very spirit of transparency in governance in a modern democratic state like that of ours. Verappa Moily led 2nd Administrative Reforms Commission recommended this act to be repealed or scrapped. The Moily Commission has suggested that safeguards for State Security should be incorporated into the National Security Act (NSA) instead of the OSA.

Let us hope that with the RTI Act 2005, we have left the colonial legacy of OSA far behind to march in the era of freedom.

Sedition

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Though the law of Sedition was added in 1870, to Indian Penal Code (IPC) as Section 124A the word “Sedition” does not occur in Section 124-A of the Indian Penal Code or in the Defense of India Rule. It is only found as a marginal note to Section 124-A, and is not an operative part of the section but merely provides the name by which the crime defined in the section will be known. It prohibits incitement or attempt to incite disaffection against the govt. by spoken, written words or signs.

In the following years, more clauses were added to the IPC:

•   In 1898, Clauses on action against promoting enmity between classes;
•   In 1907 action against outrageous religious feelings, and the same action against assertions related to national integration was added.
•   In 1908, Newspapers Act was passed empowering magistrates to cease a press wherein a newspaper containing matters which incited murder or any other act of violence or offences under the Explosives Substance Act.
•   In 1910 the Indian Press Act came into existence. This comprehensive law was aimed at offences like violence and seditions. Under this Act, the govt. had the right to demand security deposit from the press or forfeit the publication.
•   In 1913, this Act was made more repressive but later on it was repealed.
•   In 1923, came another piece of stringent law, the Official Secrets Act. This prohibited the publication of classified official information.

The Law of Sedition relates to the uttering of the seditious words, the publication of seditious libels, and conspiracies to do an act for the furtherance of a seditious intention. It is the right of every citizen to discuss public affairs fully and freely but such discussions must not be directed to the incitement of unlawful acts or calculated to excite disaffection.

In Tara Singh v. State of Punjab, section 124-A was struck down by the SC as unconstitutional being contrary to freedom of speech and Expression guaranteed under Art 19(1) (a). The constitutional 1st (Amendment) Act, 1951 added in Art 19 (2) two words, “in the interest of public order”.

In the case of Kedarnath v. State of Bihar the SC held that any law which is enacted in the interest of public order may be saved from the voice of constitutional invalidity. The court had further observed that the right guaranteed under Art 19(1) (a) is subject to such reasonable restriction as would come within the purview of clause (2) to Art 19 which comprises (a) security of the State, (b) friendly relations with foreign states, (c) public order, (d) decency or morality, etc.
It further held that the continued existence of the government established by law is an essential condition of the stability of the state. Hence, any act within the meaning of section 124-A, which has the effect of subverting the Government by bringing that Government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the Government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement to violence.

In a charge under section 124-A of the penal code, the prosecution must prove that the intention of the writer or the speaker is to bring into hatred or contempt or excite or attempt to excite disaffection towards the Government established by law.

In Kedar Nath’s case, CJ Bhuvneshwar P. Sinha, observed, “Comments, however strongly worded expressing, disapprobation of actions of Govt., without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal.”

In order to sustain a conviction under section 124-A, it must be proved (a) that the accused spoke the words in question, (b) that he thereby brought or attempted to bring into hatred or contempt or excites or attempts to excite disaffection, and (c) that such disaffection was towards the Govt. established by law in India.

Some cases in the immediate past:

There are several cases where the state, by bringing laws in different names has tried to impose its authority. To name: the case of Binayaka Sen in Chattisgarh, of Prashant Rahi in Uttarakhand are just a few which have hit the headlines. These people have been charged with sedition and waging war against the state when they stood up for the rights of a disadvantaged community in Naxal hit areas.

   Macherla Mohan Rao, a man from Chirala in Andhra Pradesh, had spearheaded the movement for rights of handloom workers for decades. A special invitee to the Planning Commission, he had attended several meetings to address the problems of the handloom weavers. Mohan Rao was picked up and charged under section 8(1) of the Andhra Pradesh Public Safety Act for allegedly spreading the message of Maoism among the youth.

   Prashant Rahi, a journalist from Uttarkhand, was implicated under various sections including section 124A of the IPC and sections 10 and 20 of the Unlawful Activities (Prevention) Act (UAPA).

   Govindan Kutty, 68-year-old editor of a monthly journal People's March in Kerala, was arrested on charges related to an article he wrote in 2002 justifying an attack, allegedly by Maoists on then Andhra Pradesh Chief Minister, Chandrababu Naidu. He has also been charged under the IPC S. 124A apart from other sections including the UAPA.

   Praful Jha, 60-yearold former bureau chief of Dainik Bhaskar , was arrested on January 22, 2008 for his alleged links to a cache of arms seized by the police in Raipur. Though not implicated under 124A he has been charged under various other sections with similar intention.

Govindan Kutty, Praful Jha, Pittala Srisailam, Lachit Bordoloi….all of them journalists and human rights activists were arrested on charges of supporting or sympathizing with the Naxals. The arrests indicate a disturbing pattern especially because in most of the cases there is no charge of violence or any actual crime committed.

The arrests are symbolic of government’s growing intolerance of people who hold political beliefs that go against the new economic polices pursued by the government.

       There might be an RTI Act, an article 19 (1) guaranteeing freedom of expression and many more laws and judgments but what will happen without the intention to abide in letter and spirit.

Broadcast Code in India

2010-04-19T03:04:00.005+05:30

With the recent banning of FTV till 21st March by I&B Ministry, the regulation debate seems to have returned once again after it hit headlines in the post Mumbai attack scenario. It had showed “indecent” stuff during the day which can be shown only after 11 p.m. at night. It is another matter that the same I&B ministry has a Film Censor board that clears profanities and bikini scenes for films in the name of creative freedom.

Television in India has come to the forefront in the last 10 years. From two channels prior to 1991, there are now around 500 channels with multiple operators and niche channels. This explosion has posed challenges for ethics, accountability and transparency across the industry.
                                              Since 1997, there has been the Prasar Bharati Act, promising autonomy, and the Cable Regulation Act, almost equally liberal. The rules of programming are there in the programme code of the Cable Act of 1995 for all to follow. Since the ministry cannot monitor the content of each of them, the sector has remained virtually without any regulation.

But the media seems to have little respect for this autonomy and has involved in all sorts of frivolous activity.
Rule 7 (11), Cable Television Network Rules, 1994 states: “No programme shall carry advertisements exceeding 12 minutes per hour.” An analysis of prime time of six news channels showed that the violation of this law is more the norm than the exception . Five of the six news channels of this study had an average of around 30% and on some channels, 60% of prime time slots went to ads!
There was this fake sting operation against Delhi school teacher Uma Khurana- a totally fabricated television story that sparked off riots in the Capital. This was a blatant violation of all canons of journalistic ethics.

Given the background of how our advertisement dependent media has degenerated and is still struggling for revenue, the question is, “Should we bring broadcasting industry under a more stringent regulatory regime?”

Before moving further let us take a look at the Broadcasting:

Although, the Broadcast Code was chiefly set up to govern the All India Radio, they have ideally been practiced by all Broadcasting and Television Organization; viz: -

   To ensure the objective presentation of news and fair and unbiased comment
   To promote the advancement of education and culture
   To raise and maintain high standards of decency and decorum in all programmes
   To provide programmes for the young which, by variety and content, will inculcate the principles of good citizenship
   To promote communal harmony, religious tolerance and international understanding
   To treat controversial public issues in an impartial and dispassionate manner
   To respect human rights and dignity

Broadcast codes also do not permit:

a. Criticism of friendly countries
b. Attack on religions or communities
c. Anything obscene or defamatory
d. Incitement to violence or anything against maintenance of law and order
e. Anything amounting to contempt of court
f. Aspersion against the integrity of the President, Governors and the Judiciary
g. Attack on a political party by name
h. Hostile criticism of any state or the centre
i. Anything showing disrespect to the Constitution or advocating change in the Constitution by violence, but advocating changes in a constitutional way should not be debarred.
j. Appeal for funds except for the Prime Minister’s National Relief Fund, at a time of External Emergency or if the Country is faced with a natural calamity such as floods, earthquake or cyclone
k. Direct publicity for or on behalf of an individual or organisation which is likely to benefit only that individual or organisation
l. Trade names in broadcasts which amount to advertising directly (except in commercial services

The greatest difficulty about setting standards in black and white is that we cannot have a standard code for all times. Our standards of morality are evolving. Ten years back, there were protests following some intimate scenes between two women in Water, the Deepa Mehta film; today, there we have movies like Dostana, showing more or less the same content, with hardly any dissent. Society is constantly evolving its moral code. At the same time there cannot be a diktat from the government on what constitutes appropriate content.

The government did propose a regulatory measure in the form of Broadcasting Service Regulation Bill in 2007 but it was vehemently opposed. Like it or not, any proposed content regulation in India is usually viewed as censorship as is the case with the existing Indian censorship system of movies.
The News Broadcasters’ Association submitted a proposal to the Centre marking an important step towards establishing internal or self-regulatory checks on their operations. Apart from a Code of Ethics, the proposal includes the setting up of a Disputes Redressal Authority to entertain and decide on complaints with respect to the content of any broadcast.

Within India’s complex, dynamic and evolving media environment, one alternative form of regulation can be a concept called co-regulation . It is essentially a cooperative form of regulation to achieve public objectives, some elements of self-regulation as well as of traditional command and control regulation. The possible prime benefits of co-regulation can be the expertise and flexibility offered by a more specialized industry-based organization and also a detached regulatory organization that is accountable.

While there can no perfect system, it’s time the key stakeholders- private broadcasters, government, civil society and viewers get together to evolve a system that will help meet the larger goals.

Coverage of Parliament by a journalist

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Our Constitution confers absolute immunity from proceedings in any court of law on all persons connected with the publication of the proceedings of either House of Parliament, if such a publication is made by or under the authority of the House. Article 105 (2) that deals with Parliamentary Privileges says, “No person shall be liable to any proceedings in any court in respect of the publication by order under the authority of a house of Parliament, of any report, paper, votes or proceedings.”

The immunity also applies to the publication in newspapers or broadcasts by wireless telegraphy of substantially true reports of any proceedings of either House of Parliament, provided such reports are for the public good and is not actuated by malice. There are a few provisions that should be kept in mind by a journalist while covering Parliament:

   The immunity is given within the overall limitation that Parliament has the power to control and, if necessary, to prohibit the publication of its debates or proceedings and to punish for the violation of its orders. Generally, there are no restrictions imposed on reporting of the proceedings of the Houses. But, if the proceedings of the Houses or for that matter, of its Committees are reported mala fide or if there is any gross misrepresentation or suppression of the speeches of particular members, it becomes a breach of privilege and contempt of the House warranting punishment.
   Similarly, the Press cannot publish the proceedings or evidence given before or any document presented to a Parliamentary Committee before these have been laid on the Table of the House. Nor is the Press expected to disclose the proceedings or decisions of a secret sitting of the House till the ban or secrecy has been lifted.
   It has also to ensure that portions of debates expunged from the proceedings of the House by the Presiding Officer are not published.

In Pandit M.S.M Sharma v. Shri Krishna Sinha (1959), proceedings for the breach of privilege had been started against an editor of a newspaper for publishing those parts of the speech of a member delivered in Bihar legislative assembly which the speaker had ordered to be expunged from the proceedings of the Assembly. The editor in a writ petition under A. 32 contended that the House of Commons had no privilege to prohibit either the publication of the publicly seen and heard proceedings that took place in the House or of that part of the proceedings which had been directed to be expunged. The Supreme Court by a majority of four to one rejected the contention of the petitioner. The court observed that the House of Commons had at the commencement of our Constitution the power or privilege of prohibiting the publication of even a true and faithful report of the debates or proceedings that took place within the House. A fortiori the House had at the relevant time the power or privilege of prohibiting the publication of an inaccurate version of such debates or proceedings.

Article 361-A: Inserted by the 44th Amendment with effect from June 20, 1979 it provides that no person shall be liable to any proceedings civil or criminal for reporting the proceedings of either House of Parliament or a State Legislature unless the reporting is proved to have been made with malice.
Note: This provision does not apply to the reporting of proceedings of secret sittings of the Houses.

By law and convention, what applies to the Press applies to the other media as well. So the above provisions apply for print and electronic media equally.
Among the mass media, the Press plays an important role in parliamentary life. The Press has two main aspects, as a part of what is known as information industry and as a factor in the formulation of opinion. Most of the raw material for parliamentary questions, motions and debates comes from the Press and this is an important instrument on which a Member of Parliament relies. Simultaneously the Press keeps the people informed of what is happening in Parliament.
Every right carries with it a responsibility. Likewise, every freedom carries with it an obligation. It is primarily for a journalist, the main protagonist of the fourth pillar of democracy to determine what are his/her corresponding responsibilities and obligations while reporting for the highest institution of democracy.

What are the Parliamentary Privileges? Write briefly on the articles of the Constitution dealing with Parliamentary Privileges.

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To enable Parliament to discharge functions properly the Constitution confers on each house and each member of the Houses certain, immunities and powers. These peculiar rights are called Parliamentary privileges.

Article105 deals with the powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof:
1. Subject to the provisions of this Constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
2. No Member of Parliament shall be liable to any proceeding in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
3. In other respects, the powers, privileges and immunities of each House of Parliament, and the members and the committee of each House, shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of Section 15 of the Constitution (44th Amendment) Act, 1978.
4. The provision of clauses (1), (2), and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to the members of Parliament.

Note: Article 194, an exact reproduction of Article 105, deals with the State Legislatures and their members and committees.

The freedom is thus is very much absolute but still not absolute and is subject to the following condition:

    Freedom of speech in Parliament would not permit a member to discuss the conduct of any judge of the Supreme Court or of a High Court.
    Freedom of speech is subject to the discipline of the rules of Parliament as mentioned in Part V including Articles 107 and 121, the good sense of the members and the control of proceedings by the speaker.
    The freedom of speech guaranteed under clause (1) is different from that which a citizen enjoys as a fundamental right under Article 19 (1) (a).
                   The freedom of speech as a fundamental right is subject to reasonable restrictions under clause (2) of Article 19. The term Freedom of speech as used in this article means that no Member of Parliament shall be liable to any proceedings, civil and criminal, in any court for the statements made in debates in the Parliament or any committee thereof.
    Again this does not apply to what a Member of Parliament says outside. For example, if a member publishes his speech outside Parliament, he will be held liable if the speech is defamatory. So, the freedom of speech under Article 105 (1) and (2) would be available to a Member of Parliament when he attends the session of Parliament

A divided Court, in P.V.Narsimha Rao v. State has held that the privilege of immunity from courts proceedings in Article 105 (2) extends even to bribes taken by the Members of Parliament for the purpose of voting in a particular manner in Parliament. The court was however unanimous that the members of Parliament who gave bribes, or who took bribes but did not participate in the voting could not claim immunity from court proceeding's under Article 105 (2). A review petition is pending in the court regarding this judgment.

Right of Publication of proceedings:

Article 105 (2): No person shall be liable to any proceedings in any court in respect of the publication by order under the authority of a house of Parliament, of any report, paper, votes or proceedings.
Again common law accords the defence of qualified privilege to fair and accurate unofficial reports of parliamentary proceedings, published in a newspaper or elsewhere. The Parliamentary Proceedings (Protection of Publication) Act, 1956 enacts that no person shall be liable to any proceedings, civil or criminal, in a court in respect of the publication of a substantially true report of the proceedings in either House of the Parliament, unless it is proved that the publication is made with malice.

Other privileges:

Clause (3) of Article 105, as amended declares that the privileges shall be such as determined by Parliament from time to time and until that it shall be such as on 20th June 1979 i.e., on the date of commencement of Section 15 of the 44th Amendment. Before the amendment the privileges of each House and its members were such as those of the House of Commons in England at the time of commencement of the Constitution.

There is freedom from arrest limited to civil causes and doesn’t apply to arrest on criminal charges or to detention under the Preventive Detention Act or if arrest is made under s.151 Criminal Procedure Code. It has been held in K. Anandan Kumar v. Chief Secretary, Government of Madras, that matters of Parliament do not enjoy any special status as compared to an ordinary citizen in respect of valid orders of detention.

The chair enjoys the power of ordering the withdrawal of strangers from any part of the House and when the House sits in a secret session no stranger is permitted to be present in the chamber, lobby or galleries

If any question arises as to the disqualification of a member of any house of parliament, Article 103 states that the question shall be referred to the President whose decision shall be final. The President is however required to act according to the opinion of Election Commission.

Right to regulate internal proceedings: Article 122 provides that the validity of any proceedings shall not be called in question on the ground of any alleged irregularity of procedure, and no officer or member of Parliament in whom powers are vested by or under the Constitution for regulating the procedure or the conduct of business or for maintaining order in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

A House of Parliament or Legislature can proceed quasi judicially in cases of contempt of its authority or take up motions concerning its privileges and immunities for smooth conduct of its legislative functions but it cannot try anyone or any case directly as a court of justice can. If any question of jurisdiction arises as to a certain matter, it has to be decided by a court of law.
A house of Parliament or State Legislature cannot decide election disputes for which special authorities have been constituted under the Representation of People Act, 1951 enacted in compliance with Article 329.
In Pandit M.S.M Sharma v. Shri Krishna Sinha case the Court held that in case of conflict between fundamental rights under Article 19 (1) (a) and a privilege under Article 194 (3) the latter would prevail. It was explained not to mean that in all cases the privileges shall override the fundamental rights.
There is provision for a committee of privileges. Any matter of breach of privilege or contempt is referred to this committee. The committee has power to summon members or strangers before it. The committee's recommendations are reported to the House which discusses them and gives its own decision.

Article 194 talks about the powers, privileges, etc., of the Houses of Legislature and of the members and committees thereof.
Clause (1): There shall be freedom of speech in the legislature of every State subject to the provisions of Articles 208 and 211. A member cannot accordingly raise discussions as to the conduct of a Supreme Court or a High Court judge. The freedom of speech has been conferred on the legislators are not the general provisions of the Constitution but only such of them as relate to the regulation of the procedure of the Legislature.
Clause (2): The freedom of speech under clause (1) is intended to be absolute and unfettered. Similar freedom is guaranteed in respect of the votes in the Legislature or committees.
If a legislator violates freedom of speech as per A. 211 or any fundamental rights guaranteed by Part III of the Constitution in the Legislative Assembly, he would not be liable for any action in any court; he would not be answerable for that in any court. He may be answerable to the House for such a speech and the Supreme Court may take appropriate action against him in respect of it.

Clause (3): Empowers the State Legislature to make laws prescribing its powers, privileges and immunities. Such law, subject to Article 13 and clause (2) of that article would render it void if it contravenes or abridges any of the fundamental rights guaranteed by Part III.

The right of State Legislatures to punish for contempt can be discussed in the light of passing of an order by an unprecedented Full Bench of 28 judges staying the implementation of the U.P. Assembly resolution ordering two judges of Allahabad High Court to be brought in custody before the Bar of the House to explain why they should not be punished for the contempt of the House.
The two judges had admitted the habeas corpus petition of and granted bail to one Keshav Singh who was undergoing imprisonment in pursuance of the Assembly Resolution declaring him guilty of the breach of privilege.
The resolution of the Assembly and the stay order issued by the Full Bench resulted in a constitutional stalemate. Consequently, the president referred the matter under to the Supreme Court for its opinion. The Supreme Court by a majority of 6:1 held that in India notwithstanding a general warrant issued by the Assembly, the Courts could examine the legality of the committal in proper proceedings.
The SC further stated that Article 226 empowers the High Court to issue a writ of habeas corpus against any authority.

Legislative Assemblies and Parliament never discharge any judicial function and there is no immunity from scrutiny by courts of general warrants issued by the House. Parliament and State Legislatures are duty bound to look carefully before making any law, so that it doesn't harm other rights. At the same time the members have to properly use these privileges and not misuse them. The fact that power corrupts and absolute power corrupts absolutely necessitates that the public and the other governing body should always be on vigil.

What is defamation? What are the provisions of IPC dealing with defamation?

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Defamation is the publication of statement which reflects on a person’ reputation and tends to lower him in the estimation of right thinking members of society generally or tends to make them shun or avoid him. In simple term it means tarnishing somebody’s image by speaking or writing something damaging. There are two types of defamation:

1. Libel: written/published form of defamation

2. Slander: spoken/oral form of defamation

There are laws which deal with defamation. The basic idea of having a defamation law is to balance the private right to protect one's reputation with the public right to freedom of speech. It allows people to sue those who say or publish false and malicious comments.

Section 499 of the Indian Penal Code defines defamation as, ‘whoever, by words either spoken or intended to be read, or by signs or by visible, representations makes or publishes any imputation concerning any person intending to harm, or having reason to believe that such imputation will harm the reputation of such person, is said except in cases here in after expected, to defame that person.’

The section further explains what may amount to defamation:

1. To impute anything to a deceased person, if the imputation would harm the reputation of that person if living and is intended to be harmful to the feelings of his family or other near relatives;
2. To make an imputation concerning a company or an association or collection of persons as such;
3. To make an imputation in the form of an alternative or expressed ironically
4. But no imputation is said to harm a person’s reputation unless that imputation directly or indirectly in the estimation of others lowers the moral or intellectual character of that person or lowers that character of that person in respect of his caste or his calling, or lowers the credit of that person or causes it to be believed that the body of that person is in a loathsome state or in a state generally consider as disgraceful’.

The section also talks about ten exceptions about what can’t be termed defamation:

First Exception: To impute anything which is true concerning any person, if it for the public good that the imputation should be made or published.
Second Exception: To express in good faith any opinion whatever regarding the conduct of a public servant in the discharge of this public functions.
Third Exception: To express in good faith any opinion regarding the conduct or character of any person who touches any public question.
Fourth Exception: To publish a substantially true report of the proceeding of a court of justice, or the result of any such proceedings.
Fifth Exception: To express in good faith any opinion whatever regarding the merits of any case, which has been decided by a court of justice or the conduct of any person as a party or witness or agent, in any such case.
Sixth Exception: To express in good faith any opinion whatever regarding the merits of any performance which an author has submitted to the judgment of the public.
Seventh Exception: If a person having any authority over another person, either conferred by law or arising out of any lawful contract to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Eighth Exception: To prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.
Ninth Exception: To make an imputation on the character of another person provided it is made in good faith for the protection of his or other's interests.
Tenth Exception: To convey a caution, intended for the good of a person to whom conveyed or for public good.

Chapter XXI, Section 500, 501, and 502 of the IPC deals with the punishment for defamation:

Section 500: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both.
Section 501: Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Section 502: Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both.

Some famous defamation case of the immediate past:

The Gujarat government's ban of the controversial book by Mr Jaswant Singh Patel under Section 153A or 153B of IPC for an alleged attempt to defame Sardar.

In the Arushi-Hemraj murder case accused Dr Talwar’s initiated defamation proceedings against UP Police for accusing double murder without forensic evidence.
A defamation suit was filed against Forum for Saving Gandhi’s Heritage in New York by Indian National Overseas Congress for defaming Sonia and Rahul Gandhi during their visit there.

Defamation beyond IPC:

Defamation otherwise is also an offence. Section 5B, Cinematograph Act, 1952 prohibits exhibition of a film which is defamatory. Even freedom of the press does not permit to publish defamatory matter though there can’t be prior ban on publication. In R. Rajagopal vs State of Tamil Nadu the Supreme Court held that neither the Government nor the officials had any authority to impose a prior restraint upon publication of a material on the ground that such material was likely to be defamatory of them. It said that penal sanction is better than prior restraint.

Civil and Criminal Law of Defamation:

The Civil law relating to defamation is not codified in India. Civil action against defamation is based on the English Common Law subject to statuary exceptions. Criminal Law of defamation is contained in Sections 499-502 of the IPC.
The main difference between Civil & Criminal proceeding for defamation is pertaining to compensation. While the object of Civil action is to adequately compensate the person defamed for the loss of reputation by damages; the object of Criminal prosecution is to punish the offender by way of imprisonment of fine or both.

A malicious printing or writing or signs, diagrams, cartoons, pictures or visible expression (broadcast) tending to tarnish the reputation of a person so as to expose him/her to public hatred, contempt or ridicule comes under libel. This kind of a libel is usually categorized as civil defamation answerable in damages to the person against whom it is committed. If a libel published by a newspaper / media tends to incite a riot that would be a criminal defamation punishable by the State for the protection of public safety & public good. Publication of obscene, seditious or blasphemous words is punishable under the criminal law of defamation.

Seditious libel:

If defamation results in a criminal prosecution this is known as seditious libel. It is often against the Government, Constitution, Religion, etc. to promote ill-will and hostility between different classes. Seditious libel conforms to the offences of sedition under Section 124A & 153A of IPC. As it poses danger to the public peace, the truth of the statement constitutes no defence.

Three defence:

1. One can defend himself on the grounds that what he said is true... civil onus is on the plaintiff, criminal on the state.
2. If one has a duty to make a statement (eg. activists, social workers), you may be protected under the defence of qualified privilege. For e.g. a teacher making a comment about a student to the student’s parents about his/her bad behaviour. But the teacher won’t be protected if he comments about the student in the media. Well, if you are an MP you can speak under parliamentary privilege. In this case, the speech is protected by absolute privilege, which is a complete defence in Law.
3. You are expressing an opinion –
Note: Another way is, don’t be cowed down by intimidation, uphold truth while writing news stories and articles or while broadcasting news. Use all forms of reforms, legislature to ensure freedom of speech an expression, and also be careful not to misuse it and defame someone out of personal vendetta or prejudice. Call a spade a spade, but beware and aware of the law of defamation.

Defamation and Press:

Libel is one of the greatest dangers or threats to the publisher/broadcaster. If a publication/broadcaster violates the law of defamation, and defames a person, it may be subject to civil & criminal libel. Governments and their officials often want to make the law of defamation more stringent. They argue that even if the matter is brought before a court of law, the accused tenders an apology or escape with a nominal fine or light sentence (maximum punishment IPC 2 years).
On the other hand Press is of the view that the law of defamation often prevents fearless journalism and exposure of corrupt and scandalous officials. Their argument is that there is already too much misuse of criminal defamation by corporate houses and others to silence the critic and flog off free opinion. Most defendants in defamation law suits are newspapers or publishers or TV channels and most plaintiffs are corporations, business men, entertainers, and public figures.
The Press has been suggesting that the offenders be charged with only civil liability and not with criminal defamation. If it was of a criminal nature, a timely apology should relieve the offender. The press as whole has been demanding amendment of the law of defamation on the lines of the English Defamation Act 1952.
In UK, defamation is mainly a civil offence. The offence of defamatory libel lies in the tendency to provoke a breach of the peace unlike the IPC where defamation is a cognizable offence to the extent to which it causes pain in the person who is defamed

What are the functions of Parliament? Describe the conduct of a day in Parliament.

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Parliament has four main functions: legislation (making laws), representation (acting on behalf of voters and citizens), scrutiny (examining the government), and formation of government. The functions of the Indian Parliament can be divided into legislative, executive, financial and other categories.

Legislative Functions:

The process of legislating, making laws is the most basic day-to-day function of parliament. Under Articles 245 and 246 Parliament can make laws for the whole or any part of India as defined under the Seventh Schedule.
Parliament can make laws on the subjects mentioned in the Union List which has 97 subjects. Along with the State Legislatures, the Parliament is empowered to make laws on the Concurrent List. In case, both the Centre as well as the States makes a law on the subject mentioned in the Concurrent List then the central law prevails upon the state law if there is a clash between the two. Any subject not mentioned in any list i.e. residuary powers are vested with the Parliament.

To Form or To End Government:

The Indian Parliament, like all parliamentary democracies, forms the government. Members of Parliament, from the largest party in the Lok Sabha or of late from the largest coalition, form the Government at the centre.

The government can function as long as it enjoys the support of the majority of the members of the Lower House.

The Executive Functions:
The executive is responsible to the legislature for all its acts. The Prime Minister and his Council of Ministers are responsible to the Parliament individually as well as collectively. The Parliament can dislodge a ministry by passing a vote of no-confidence or by refusing to endorse a confidence motion.
Parliament also maintains its control over executive in a routine manner through several other ways:
a. The members of Parliament can ask questions and supplementary questions regarding any matters connected with the affairs of the Central Government. The first hour of every working day of Parliament relates to the Question Hour in which the Ministers have to answer the questions raised by the members.
b. If the members are not satisfied with the Government’s answer then they may demand separate discussion on the subject.
c. Calling attention notice or adjournment motion is used to raise matters of urgent public importance. The government always takes these motions very seriously because the government’s policies are criticized.

Censure Motion: This motion implies severe indictment of the government though it does not require resignation of the Council of Members.

d. The Lok Sabha can express its lack of confidence in the executive by disapproving budget or money bill or even an ordinary bill.

The Financial Functions:

The Parliament is the custodian of the public money. It controls the entire purse of the Central Government. No taxes can be legally levied and no expenditure incurred from the public exchequer without specific parliamentary authorization by law (articles 114, 116 and 265).This approval may be taken before the actual spending or in rare cases after the spending.
The annual statement of the estimated receipts and expenditure i.e. budget has to be approved by the Parliament every year. It monitors the expenditure of public funds through Public Accounts Committee, Committee on Public Undertakings, Estimates Committee and the Report of the Comptroller and Auditor General of India.

The Electoral Functions:

The elected members of Parliament are members of the Electoral College and participate in the election of the President of India. They elect the Vice-President. The Lok Sabha elects its Speaker and Deputy Speaker and the Rajya Sabha elects its Deputy Chairman.

A Forum for Debate and Expression of Grievances:

During debate and discussion on legislative proposals or Finance Bills, motion to consider and approve government policies, motion of thanks on the President’s Address, Budget, etc. members are free to express themselves and to say what modifications in the existing policy are required. It acts as a forum for ventilation of the grievances of the people, their difficulties and their passions, anxieties and frustrations. After necessary legislation is taken up in this regard

Power of Removal:

Certain high functionaries may be removed from office on the initiative of the Parliament. The President of India may be removed through the process of impeachment. The judges of Supreme Court and of High Courts can be removed by an order of the President, which may be issued only if a resolution of their removal is passed by both Houses of Parliament by special

Amendment of the Constitution:

Most of the parts of the Constitution can be amended by the Parliament by special majority. But certain provisions only be amended by the Parliament with the approval of States. The Supreme Court has ruled that the Parliament cannot change the basic structure of the Constitution.

Miscellaneous Functions:

Besides the above-mentioned functions, the Parliaments also performs a variety of other functions. Some of them are as follows:
a. While it is the power of the President to declare Emergency, the Parliament approves all such Proclamations of Emergency. Both the Lok Sabha and Rajya Sabha have to approve the Proclamation.
b. Parliament may form a new State by separating the territory from any State or by uniting two or more States. It may also change the boundaries and the name of any State. In the recent years (2000), new states of Chhattisgarh, Jharkhand and Uttarakhand were created.
c. Parliament may admit or establish new States in the Indian Union (Sikkim in 1975).
d. The Parliament can abolish or create Legislative Councils in the States. This is done only on the request of concerned States Assemblies.

The Two Houses of Parliament:

From the federal point of view the Rajya Sabha represents the States while the Lok Sabha is the representative of the Indian people. The members of Legislative Assemblies of the States elect the members of Rajya Sabha while the people directly participate in the elections to the Lok Sabha. Rajya Sabha is a permanent House while the Lok Sabha is constituted for a specified term of five years. There are three aspects that need to be kept in mind as we are discussing the functioning of the Parliament:
1. Introduction and adoption of money bills and removal of a cabinet by passing no confidence motion are two functions in which Lok Sabha is superior to the Rajya
Sabha i.e. there is no need for the Rajya Sabha to sanction either of these.
2. In certain areas Rajya Sabha has been vested with exclusive powers. For example, it can declare a subject in state as a matter of national importance and facilitate a central legislation.
3. In all other cases both the Houses enjoy equal powers and need to approve, whether it is proclamation of emergency, moving of adjournment or anything else.

Thus the Indian Parliament, though limited by the federal nature of the political system, has wide functions to perform. In performing its functions, it has to mirror the aspirations and needs of the people of India. It also has to function as an agency for resolving socioeconomic or political conflicts in the country. It also helps in building consensus on specific issues, which are crucial to the nation.

Conduct of a day in parliament:

In a democracy Parliament acts as a bridge between the government and the people. The Parliament is the supreme forum through which people seek to realize their aspirations, urges and expectations. The Members of Parliament act as the chief communication channel between the people, Parliament and the Government. So a day in Parliament is designed for legislative functions as well as for the MPs to raise their queries and concerns. A day’s schedule can be normally divided in three parts:

1.   Question Hour
2.   Zero Hour
3.   Regular listed business

Time of commencement of a sitting:

Unless the Speaker otherwise directs, or the House itself decides otherwise, the House ordinarily sits from 11.00 hours to 13.00 hours and from 14.00 hours to 18.00 hours. Though there are some special days when the House meets at other time. They are:
(i)   On the day of the President's Address
(ii)           On the Budget Day

Mode of commencement of a sitting:

A sitting of the House is duly constituted when it is presided over by the Chairman or a member competent to preside over a sitting of the House. Before any of the presiding officers takes the Chair at the commencement of a sitting, the Marshal of the House ensures that there is a quorum in the House. If there is no quorum, the bell is rung till the House makes the quorum. The Marshal announces to the House the arrival of the presiding officer by his designation in Hindi. All present in the House stand up. The presiding officer enters from the Chairman's Chamber which is just behind the Chair and greets the House and takes the seat. Members respond to his greetings and take their seats.
With the quorum in the House and the presiding officer in Chair, the sitting of the House commences. Then the presiding officer proceeds with the business for the day as listed in the List of Business. The same practice is followed when the House reassembles after the lunch-recess or any other adjournment of the House during the course of its sitting.

Quorum for a sitting:

The quorum to constitute a meeting of either House of Parliament is one-tenth of the total number of members of the House. If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

Question Hour:

The first hour of every sitting is available for the asking and answering of questions. The
Ministries/Departments of the Government of India are divided into five groups and the Ministers concerned answer questions by rotation.

Starred and Un-starred Questions:

Notices of questions by Members can be for oral or written answer.
Unstarred questions are not called for oral answers in the House and thus no supplementary questions can be asked thereon. These questions, along with their answers, are deemed to be laid on the Table of the House and are printed in the official debates of the sitting of the day for which they are put down. The questions asking for information of statistical nature; questions going into administrative details; questions about resolutions of a conference or recommendations of an expert committee, and action taken thereon etc.; questions which raise matters of local interest etc. are put under unstarred category.
Starred questions are taken up for oral answer during the question hour and supplementaries can be asked thereon. Under this category are put those questions only in respect of which supplementary questions are likely to arise.

Note: Not more than five questions in all whether starred or unstarred, can be placed on the lists of questions for any one day. Notice for these questions has to be given 21 days in advance.
Adjournment Motion: The primary object of an Adjournment Motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences and in regard to which a motion or a resolution with proper notice will be too late. Before the commencement of a session, notices of adjournment motion can at the earliest be given with effect from a day (which is usually the third working day before the commencement of the session) fixed in advance and notified in Bulletin. Notice of an adjournment motion should be addressed to the Secretary-General and given by 10.00 hours on the day on which the motion is proposed to be made. Notices received after 10.00 hours are treated as notices given for the next sitting.

Zero Hour Submissions:

Zero Hour may is the interregnum between the end of Question Hour and the beginning of the regular listed business in the House. There is no procedure prescribed in the Rules of Procedure for regulating the Zero Hour submissions. By conventions and practices Zero Hour has developed without having any specific sanction of the rule book. Zero Hour submissions, like Special Mentions, have also become an established practice and secured a distinct identity so as to warrant a separate treatment and discussion.

Although called Zero Hour, it lasts for may be half-an-hour or more or less. Sometimes it may also occupy full one hour or may even extend beyond an hour, depending on the number of matters which members may like to raise and the gravity and importance of such matters.

The emergence of Zero Hour can be traced to early sixties when many issues of great public importance and urgency began to be raised by members immediately after Question Hour, sometimes with prior permission of the Chairman or some other times without such permission. The "Zero Hour" has been a convention since the days of Dr. Radhakrishnan. People have been permitted to raise questions during this Hour and it goes on in both the Houses.

Zero Hour is of very special importance as Parliament is not only Government and Opposition-it is 630 individual members. It is quite conceivable that for various reasons, neither the Government nor the official Opposition might wish to discuss a matter which ought to be debated. The eternal problem in Parliament is that of reconciling the various claims: Government, Opposition, minorities and the single back bencher.

Regulating Zero Hour:

The Special Mention procedure was introduced in the Rajya Sabha in the seventies. However, the demand for Zero Hour has not diminished even with the introduction of the Special Mention procedure. Since last two years, a practice has more or less developed that members approach the Chairman in his Chamber and give him in writing the subjects they wish to raise. Only those members to whom permission is granted are ordinarily permitted to mention the matter in the House.

Note: Unlike Special Mentions, there is no follow-up action on matters raised as the Zero Hour submissions.

Regular listed business:

After zero hour followed by lunch recess begins the regular listed business of the day. During this hour only new Bill, budget and such government proposals are discussed. This is the longest of the daily sessions of the Parliament and lasts till 6pm.
   In this duration ministers make statements in the House with prior notice to and the Speaker, in order to keep the House informed of matters of public importance or to apprise the House about Government policy. Notices regarding statements to be made in the House by Ministers or statements, reports or papers to be laid on the Table are accepted from 10.00 hours on the days the List of Business wherein the item has been included, is circulated to members. In a case where a supplementary List of Business is circulated in the House in regard to a statement, notices in respect of that statement, received within fifteen minutes of circulation of the supplementary.

The major Press Laws enacted during the British period? Write in detail about the 1867 Press and Registration of Books Act and the Vernacular Press Act.

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The major laws during the British period:

Tipu Sultan was a friend of the French. The Marathas had won the war against the Nizam. Thus the British tried to maintain a strict control over the Press. Thus came the earliest regulatory measures in 1799 when Lord Wellesley promulgated the Press Regulations, which imposed press censorship on an infant newspaper publishing industry. What was followed was a set of laws one after another with a single objective, “To suppress and control the Press”. A summary:

The British colonial rule: Press Laws and Regulations (1799-1947)

1. First Censorship Law (1799)

2. Censorship Law Modifications (1813)

3. Censorship Law Modifications (1813)

4. Regulations for Registration (1823)

5. Metcalfe’s Act of 1835 (Registration of the Press Act)

6. New Regulations on Printing Presses (1857)

7. Indian Penal Code (1860)

8. Press and Registration Act 1867

9. Vernacular Press Act (1878)

10. Criminal Procedure Code (1898)

11. Newspapers (Incitement to Offences) Act (1908)

12. Indian Press Act (1910)

13. Official Secrets Act (1923)

14. Indian Press (Emergency Power) (1931)

A recap of the major laws from the above ones:

The1835 Press Act undid most of the repressive features of earlier legislations on the subject. On 18th June 1857, the government passed the ‘Gagging Act’, which among various other things re-introduced the pre 1835 situation. It introduced compulsory licensing for the owning or running of printing presses; empowered the government to prohibit the publication or circulation of any newspaper, book or other printed material and banned the publication or dissemination of statements or news stories which had a tendency to cause a furor against the government, thereby weakening its authority. The 1860 Indian Penal Code (IPC) gave the government powers to search and forfeit publications which violated Sections like 124A, 153A or 295A.

Next came the ‘Press and Registration of Books Act’ in 1867 which continues to remain in force till date. After the criticism of Lord Lytton’s role in the second Afghan War by the Indian Press, Governor General Lord Lytton promulgated the ‘Vernacular Press Act’ of 1878 allowing the government to clamp down on the publication of vernacular language writings deemed seditious and to impose punitive sanctions on printers and publishers who failed to fall in line.

One of the last major Press Law of the British rule came in 1908 when Lord Minto promulgated the ‘Newspapers (Incitement to Offences) Act, 1908. It authorized local authorities to take action against the editor of any newspaper that published matter deemed to constitute an incitement to rebellion.

But the most stringent law came in 1923in the form of the Official Secrets Act (OSA). This prohibited the publication of classified official information. Lots of information vital to the public was withheld from the press in the name of OSA till recently until the RTI was passed.

Press & Registration of Books Act 1867:

During the rein of the British Government in India writing of books and other informatory material took a concrete shape and with the advent of printing presses various books on almost all the subjects and periodicals touching every aspect of life started appearing. Thrust on education gave an impetus to this with the result that lot of printed material became available.

Those in the field of writing, publishing and printing gave a thought to organize a system for keeping a record of the publications. The then East India Company was urged to keep a record of the publications. An attempt was made by the authorities to make a collection of the books and other publications emanating from the various printing presses throughout India.

Board of Directors of East India Company issued an instruction that copies of every important and interesting work published in India should be dispatched to England to be deposited in the library of India House. Such an instruction had a slow impact.

A system of voluntary registrations of publications was evolved but it failed. It was found necessary to establish a system of compulsory sale to Government, of three copies of each work in India.

So was brought the Act, the oldest to survive: Press and Registration of Books Act (PRB), 1867.

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Since 1867 PRB Act remained the fundamental law governing the rules for the regulation of the publication of newspapers and of having printing presses. Though no license or permission is required for starting and running a newspaper, no paper can be published without complying with the provision of this act. Two conditions are necessary to be fulfilled for publishing a newspaper:

One, the name of the printer, the place of printing and the name of the publisher and place of publication must be legibly printed on every book or newspaper printed/published within India.

Two, a declaration must be made before the district, Presidency or Sub-divisional Magistrate within whose jurisdiction the newspaper is to be published, stating name of the printer and publisher, premises where printing and publishing is conducted, the title, language and periodicity of the newspaper. The printer and publisher either in person or through an authorized agent should make the declaration. If the printer or publisher is not the owner of the paper, the declaration should specify the name of the owner.

Note: Similarly, no printing press can be set without making a relevant declaration.

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The act requires that Every time a press is shifted to a new place a fresh declaration is necessary. But if the change of the place is for a period less than 60 days, the new location also falls within the jurisdiction of the same Magistrate, and the keeper of the Press continues to be the same. No fresh declaration need to be made. In that case an intimation regarding the change of place sent within 24 hours will suffice.

But, making a declaration does not automatically pave the way for publishing a newspaper. Publication can be started only after the said Magistrate authenticates the declaration.

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Every time the title, language or periodicity is changed a fresh declaration must be made. A similarly declaration is necessary as often as the ownership or the place of printing or publication of the newspaper is changed.

However, only a statement furnished to the Magistrate will suffice if the change of place is for a period not exceeding 30 days or if he is by infirmity or otherwise incapable of carrying out his duties for more than 90 days, then a fresh declaration will have to be made.

Note: No person who does not ordinarily reside in India or a minor can file a declaration or edit a newspaper.

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If the declaration is made in accordance with the provisions of the law and if no other paper bearing the same or similar title is already in existence in the same language or the same state, then the Magistrate cannot refuse to authenticate the declaration. However, before authentication he must make an inquiry from the Registrar or newspapers for India (RNI) about the existence of such other paper. After authentication the paper must be started within a specific period.

The declaration in respect of a newspaper to be published once a week or more shall be void if it is not commenced within six weeks of the authentication. In case of all other newspapers the time limit for commencing publication is three months.

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If in any period of three months, a daily, a tri-weekly, a biweekly or a fortnightly newspaper publishes less than half the number of issues, which it should have published in accordance with the declaration, the newspaper shall cease to publish. A fresh declaration must be filed before it can be started again.

In case of any other newspaper the maximum period of non-publication must not exceed 12 months.

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Two copies of each issue of a newspaper and up to three copies of each book must be delivered, in a prescribed manner to the Government free of expense.

                                                                                  ***

The Magistrate can cancel the declaration after giving opportunity to show cause to the person concerned, if the Magistrate is satisfied on the following counts:

• The newspaper is being published in contravention of the provisions of this Act or rules made under it, or

• The newspaper bears a title which is the same as, or similar to that of any other newspaper published either in the same language or in the same state, or

• The printer or publisher has ceased to be so, or

• The declaration was made on false representation on concealment of any material fact.

The Magistrate’s decision can be challenged in an appeal before the Press and Registration Appellate Board comprising a Chairman and another member nominated by the Press Council of India.

Penalties:

If a newspaper (or a book) is printed or published without legibly printing the name of the printer and publisher as also the name of the place of printing/publishing, the printer or publisher can be fined up to two thousand rupees or imprisoned up to six months or punished by both.

The same punishment can be awarded for keeping a press without making declaration or for making false statement or for editing, printing or publishing a newspaper without conforming to the rules. In the last case the Magistrate, may in addition to this punishment also cancel the declaration in respect of the newspaper.

Non-compliance with the requirement regarding the delivery of copies of newspaper will invite a penalty of up to Rs 30 for each default.

In case of publication of a book, the value of the copies of the book may be charged.

Registrar of Newspaper:

There is a provision for appointment of a Press Registrar by the Government of India for the whole of the country. The Press Registrar maintains a register containing the following particulars of each newspaper:

Title, language, periodicity, name of the editor, printer and publisher, place of printing and publication, average number of pages per week, number of days of publication in the year, average number of copies printed, sold and distributed free, retail selling price per copy, and name and addresses of owners.

                                                                           ***

The Press Registrar also issues a certificate of registration to the publisher of the newspaper. He does this on receipt of a copy of the declaration from the Magistrate who has authenticated it.

The publisher has to furnish to the Press Registrar an annual statement for the above particulars about his newspaper.

The publisher has to publish all such particulars in the newspaper as may be specified by the Press Registrar. The Rules require the publication in the first issue after the last day of February each year, the name, address, nationality of the editor and publisher, and the name of all those holding one percent or more shares in the newspaper.
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The newspaper is also obliged to furnish returns, statistics and other information as the Press Registrar may from time to time require. Non-compliance attracts a fine of five hundred rupees. The Press Registrar has a right of access to record and documents of the newspaper for the purpose of collection of any information about it.

Vernacular Press Act 1878:

Vernacular Press Act 1878 was enacted to curtail the freedom of the Indian-language (i.e., non-English) press. Notably Lord Lytton was being bitterly criticized for the Second Anglo-Afghan War (1878–80). So, he promulgated the act with an aim to prevent the vernacular press from expressing criticism of British policies under him. The act excluded English-language publications. It elicited strong and sustained protests from a wide spectrum of the Indian populace.

It was nicknamed Gagging Act. For the first any Act empowered the govt. to issue search warrants and enter newspaper premises even without court orders. The IPC already gave powers to the govt. to search and forfeit publications which violated Sections like 124A, 153A or 295A. More stringent anti-press laws were enacted in the passage of time, particularly when the freedom movement gained momentum. British govt. wanted to curb the activities of revolutionaries and the right of newspapers to report these. Reporting was closely monitored and comments against govt. were not tolerated.

The law was repealed in 1881 by Lytton’s successor as viceroy, Lord Ripon (governed 1880–84). However, the resentment it produced among Indians became one of the catalysts giving rise to India’s growing independence movement. Among the act’s most vocal critics was the Indian Association (founded 1876), which is generally considered to be one of the precursors of the Indian National Congress (founded 1885).

        Later in 1882 due to the efforts of Lord Ripon the Act was repealed in 1882.

Trace the history of the first and the second press commission.

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First Press Commission (1952-54):

The first Press Commission was formed under the Chairmanship of Justice J. S. Rajadhyakhsa on 23rd September 1952 by the Ministry of Information and Broadcasting to inquire into the state of the Press in India. Some of the other members of the 11-member working group were Dr. C.P. Ramaswamy Aiyer, Acharya Narendra Deo, Dr. Zakir Hussain, and Dr. V.K.V. Rao. It was asked to look into factors, which influence the establishment and maintenance of high standards of journalism in India.
The Commission inquired into the control, management and ownership, the financial structure as well as other important aspects of the newspaper industry in the country. The Commission, after a careful and detailed study, concluded that there should be indigenisation of both capital and the staff especially at the higher levels and it was highly desirable that proprietorial interests in daily and weekly newspapers should vest predominantly in Indian hands.
After considering the recommendations of the Press Commission and the Note submitted by the Ministry of Information & Broadcasting, Government of India, the Union Cabinet adopted a Resolution on 13 September, 1955, which became the basic policy document in regard to the Press in India. The resolution is as follows:-
“The Cabinet considered the Ministry of Information & Broadcasting’s note dated May 4, 1955, and was of the view that so far as the ownership of newspapers and periodicals by nationals of other countries was concerned, the problem was not a very serious one as there were only a few such newspapers and periodicals. The Cabinet, therefore, felt that no action needs to be taken in regard to these newspapers and periodicals but that no foreign-owned newspaper or periodical should, in future, be permitted to be published in India. The Cabinet, however, agreed that the other recommendation of the Commission that foreign newspapers and periodicals, which dealt mainly with news and current affairs, should not be allowed to bring out Indian editions, should be accepted in principle.

***
During the past 46 years since the above Resolution came into effect, no foreign newspaper or periodical has been allowed to be published from India nor has any foreign investment in the domestic print media sector been permitted.
However, in the new context of globalization, the demand for foreign participation and investment in the print media has been raised by a section of the newspaper industry. In the public debate which has taken place on this issue, the opinion of the print media has been divided. Since the issue has far reaching consequences for the Press in India, the Committee decided to take up this subject for a detailed study. A public notice was issued.

***
The commission was appointed because after independence the role of the press was changing from a mission to business. It found that there was a great deal of scurrilous writing often directed against communities or groups, of indecency and vulgarity and personal attacks on individuals. It also noted that yellow journalism was on the increase in the country and was not particularly confined to any area or language. The commission, however, found that the well established, newspapers on the whole, had maintained a high standard of journalism.
It remarked that whatever the law relating 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. It felt that the best way of maintaining professional standards of journalism would be to bring into existence a body of people principally connected with the industry whose responsibility would be to arbitrate on doubtful points and to ensure the punishment of any one guilty of infraction of good journalistic behavior. An important recommendation of the commission was the setting up of a Statutory Press Commission at the national level, consisting of press people and lay members. Its recommendation and the action taken can be summed up as follows:

• To protect the freedom of the press and to maintain high standards of journalism, a press council should be established.

The press council of India was established on July 4, 1966 which started functioning from November 16 (on this date, National Press Day is celebrated) 1966.

• To prepare the account of the press and the position of every year, there should be appointment of the Registrar of Newspaper for India (RNI).

It was also accepted and RNI was appointed in July 1956.

• Price-page schedule should be introduced.

It was also accepted in 1956.

• For maintaining a cordial relationship between the government and the Press, a Press Consultative Committee should be constituted.

It was accepted and a Press Consultative Committee was constituted on 22nd September
1962.
• Working Journalists Act should be implemented.

The government implemented this and in 1955 the working journalist and other newspaper employees (conditions of services) and miscellaneous Provisions Act was set up.
• It recommended establishment of a fact-finding Committee to evaluate the financial position of the newspapers and news agencies.

A Fact Finding Committee was set up on 14th April 1972. It submitted its report on 14th January 1975.

• For protecting the main principles of the freedom of the press and to help the newspapers against monopolistic tendencies, a Newspaper Financial Corporation should be constituted.

It was accepted in principle and on 4th December 1970, a Bill was also presented in the Lok Sabha, but it lapsed.

Second Press Commission:

The government of India constituted the Second Press Commission on May 29, 1978. The second press commission wanted the press to be neither a mindless adversary nor an unquestioning ally. The commission wanted the press to play a responsible role in the development process. The press should be widely accessible to the people if it is to reflect their aspirations and problems.
The question of urban bias too has received attention of the commission. The commission said that for development to take place, internal stability was as important as safeguarding national security. The commission also highlighted the role (and, therefore, responsibility) of the press in preventing and deflating communal conflict.
Both press commissions of India included several respectable members from the press. The recommendation of the first press commission for the first time provides idea of what a responsible press should be. The second press commission formulated in a clear manner that development should be the central focus of the press in a country, which is building itself to become a self-reliant and prosperous society. The commission declared that a responsible press could also be a free press and vice versa. Freedom and responsibility are complimentary but not contradictory terms. The main recommendations can be briefed as follows:
• An attempt should be made to establish a cordial relation between the government and the press.
• For the development of small and medium newspaper, there should be establishment of newspaper Development Commission.
• Newspaper industries should be separated from industries and commercial interests.
• There should be appointment of Board of Trustees between editors and proprietors of the newspaper.
• Price-page schedule should be introduced.
• There should be a fixed proportion of news and advertisements in small, medium and big newspaper.
• Newspaper industries should be relieved from the impact of foreign capital.
• No predictions should be published in newspapers and magazines.
• The misuse of the image of the advertisement should be discontinued.
• The government should prepare a stable Advertisement Policy.
• The Press Information Bureau should be reconstituted.
• Press laws should be amended.

Write a critique on the Press Council of India, its functions. What are the guidelines issued by Press Council and how effective they are?

2010-04-19T02:43:00.001+05:30

The first Press Council of India was constituted on 4th July, 1966 as an autonomous, statutory, quasi-judicial body, with Justice J R Mudholkar, a Supreme Court Judge, as its Chairman. The Council draws its function from the Press Council Act, 1965 which are as follows:
i)   To help newspapers to maintain their independence.
ii)   To build up a code of conduct for newspapers and journalists in accordance with high professional standards.
iii)   To ensure on the part of newspapers and journalists the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship.
iv)   To encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism.
v)   To keep under review any development likely to restrict the supply and dissemination of news of public interest and importance.
vi)   To keep under review such cases of assistance received by any newspaper or news agency in India from foreign sources, as are referred to it by the Central Government provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from foreign sources.

Guidelines issued by the Press Council of India:

Accuracy and Fairness:

i)   The Press shall avoid publishing inaccurate, baseless, graceless, or misleading material. All sides of the core issue or subject should be reported.
ii)   Whenever exposing the wrong doing such reports need to be backed by irrefutable facts and evidences.

Pre-Publication Verification:

i)   Any report or article of public interest or complaint etc. should be checked for its factual accuracy from other authentic sources.
ii)   A document, which forms a basis of a news report, should be preserved at least for six months.

Caution against defamatory writings:

i)   Newspaper should not publish anything which is defamatory or libelous unless after due verification, there is sufficient reason/evidence to believe that it is true and its publication will be for public good.
ii)   No derogatory personal remarks against a dead person should be published except in rare cases of public interest.
iii)   The Press shall not rely on objectionable past behavior of a citizen to provide the background for adverse comments with reference to fresh action of that person.
iv)   Publication of defamatory news by one paper does not give licence to others to publish news/information reproducing or repeating the same.
v)   It is necessary that the press realize its responsibility and do not indulging in giving credence to rumours and sensationalism.
vi)   Freedom of Press does not give licence to a newspaper to malign a political leader or mar his future political prospects by publishing fake and defamatory writings.

Public Interest and Public Bodies:

As a custodian of public interest, the Press has a right to highlight cases of corruption and irregularities in public bodies but it should be based on irrefutable evidence.
Newspapers should refrain from barbed, stinging and pungent language and ironical/satirical style of comment. The attempt of the press should be to present a fair and balanced report, uninfluenced by any extraneous consideration.

Right to Privacy:

The Press shall not intrude or invade the privacy of an individual, unless outweighed by genuine overriding public interest. Special caution is essential in reports likely to stigmatise women.

Note: Things concerning a person's home, family, religion, health, sexuality, personal life and private affairs are covered by the concept of PRIVACY.

Caution against Identification:

While reporting crime involving rape, abduction or kidnap of women/females or sexual assault on children, or raising doubts and questions touching the chastity, personal character and privacy of women, the names, photographs of the victims or other particulars leading to their identity shall not be published.
Minor children and infants who are the offspring of sexual abuse or forcible marriage' or illicit sexual union shall not be identified or photographed.
Intrusion through photography into moments of personal grief shall be avoided.

Recording interviews and phone conversation:

The Press shall not tape-record anyone's conversation without that person's knowledge or consent, except where it is required to protect the journalist in a legal action, or for other compelling good reason.
Prior to publication offensive epithets used during such conversation should be deleted.

Conjecture, comment and fact:

Newspaper should not pass on or elevate conjecture, speculation or comment as a statement of fact.
Cartoons and caricatures depicting good humour are to be placed in a special category of news that enjoy more liberal attitude.

Headings not to be sensational/provocative:

In general and particularly in the context of communal disputes or clashes
a. Provocative and sensational headlines are to be avoided;
b. Headings must reflect and justify the matter printed under them;
c. Headings containing allegations made in statements should either identify the body or the source making it or at least carry quotation marks.

Newspapers to eschew suggestive guilt:

Newspapers should not name or identify the family or relatives or associates of a person convicted or accused of a crime, when they are totally innocent and a reference to them is not relevant to the matter being reported.
It is contrary to the norms of journalism for a paper to identify itself with and project or promote the case of any one party in the case of any controversy/dispute.

Caution in criticizing judicial acts and reporting proceedings of a Legislature:

Excepting where the court sits 'in-camera' or directs otherwise, it is open to a newspaper to report pending judicial proceedings, in a fair, accurate and reasonable manner. In case of Legislature newspapers have a duty to report faithfully the proceedings of either House of Parliament or Legislative Assembly which is open for the media.
Newspapers may make reasonable criticism of a judicial act or the judgment of a court for public good but shall not scandalize the court or the judiciary as a whole, or make personal allegations of lack of ability or integrity against a judge.

Corrections:

When any factual error or mistake is detected or confirmed, the newspaper should suo- motu publish the correction promptly with due prominence and with apology or expression of regrets in a case of serious lapse.

Right of Reply:

The newspaper should promptly and with due prominence, publish either in full or with due editing, free of cost, at the instance of the person affected or feeling aggrieved/or concerned by the impugned publication, a contradiction/reply/ clarification or rejoinder sent to the editor in the form of a letter or note. This is a concession which has to be availed of sparingly with due discretion and caution in appropriate cases.

Obscenity and vulgarity to be eschewed:

Newspapers/journalists shall not publish anything which is obscene, vulgar or offensive to public good taste. Newspapers shall not display advertisements which are vulgar or which, through depiction of a woman in nude or lewd posture, provoke lecherous attention of males as if she herself was a commercial commodity for sale.
The globalisation and liberalisation does not give licence to the media to misuse freedom of the press and to lower the values of the society. So far as that role is concerned, one of the duties of the media is to preserve and promote our cultural heritage and social values.

Photo Coverage on Terrorist Attack, Communal Clashes and Accidents:

While reporting news with regard to terrorist attacks or communal riots, the media should refrain from publishing/telecasting pictures of mangled corpses or any other photographic coverage which may create terror, or revulsion or ignite communal passion among people.
It shall avoid presenting acts of violence, armed robberies and terrorist activities in a manner that glorifies the perpetrators on their acts, declarations or death in the eyes of the public.

Caste, religion or community references:

In general, the caste identification of a person or a particular class should be avoided. Newspapers are advised against the use of word 'Scheduled Caste' or 'Harijan' which has been objected to by some.
An accused or a victim shall not be described by his caste or community when the same does not have anything to do with the offence or the crime and plays no part either in the identification of any accused or proceeding.
Newspaper should not publish any fictional literature distorting and portraying the religious or well known characters in an adverse light offending the susceptibilities of large sections of society who hold those characters in high esteem.
Commercial exploitation of the name of prophets, seers or deities is repugnant to journalistic ethics and good taste.
It is the duty of the newspaper to ensure that the tone, spirit and language of a write up is not objectionable, provocative, against the unity and integrity of the country, spirit of the constitution seditious and inflammatory in nature or designed to promote communal disharmony. It should also not attempt to promote balkanisation of the country.
One of the jobs of the journalists is also to bring forth to the public notice the plight of the weaker sections of society. They are the watchdogs on behalf of the society of its weaker sections.

Paramount national interest:

Newspapers shall, as a matter of self-regulation, exercise due restraint and caution in presenting any news, comment or information which is likely to jeopardise, endanger or harm the paramount interests of the State and society.
Publication of wrong/incorrect map is a very serious offence. It adversely affects the territorial integrity of the country and warrants prompt and prominent retraction with regrets.

Foreign Relations:

Media plays a very important role in moulding public opinion and developing better understanding between countries. Objective reporting so as not to jeopardise friendly bilateral relations is therefore desirable though newspapers may expose misuse of diplomatic immunity.

Investigative journalism, its norms and parameters:

Investigative reporting has three basic elements.
a. It has to be the work of the reporter, not of others he is reporting;
b. The subject should be of public importance for the reader to know;
c. An attempt is being made to hide the truth from the people.

The investigative reporter should, as a rule, base his story on facts investigated, detected and verified by himself and not on hearsay or on derivative evidence collected by a third party. The investigative journalist should maintain a proper balance between openness and secrecy, placing the public good above everything.
The tone and tenor of the report and its language should be sober, decent and dignified, and not needlessly offensive, barbed, derisive or castigatory, particularly while commenting on the version of the person whose alleged activity or misconduct is being investigated. Nor should the investigative reporter conduct the proceedings and pronounce his verdict of guilt or innocence against the person whose alleged criminal acts and conduct were investigated.

Confidence to be respected:

If information is received from a confidential source, the confidence should be respected. This rule requiring a newspaper not to publish matters disclosed to it in confidence is not applicable where:
(a) Consent of the source is subsequently obtained; or
(b) The editor clarifies by way of an appropriate footnote clarifies that since the publication of certain matters were in the public interest, the information in question was being published although it had been made 'off the record'.

Advertisements:

Commercial advertisements are information as much as social, economic or political information. What is more, advertisements shape attitude and ways of life at least as much, as other kinds of information and comment. Journalistic propriety demands that advertisements must be clearly distinguishable from news content carried in the newspaper

Newspapers to avoid crass commercialism:

While newspapers are entitled to ensure, improve or strengthen their financial viability by all legitimate means, the Press shall not engage in crass commercialism or unseemly cut-throat commercial competition with their rivals in a manner repugnant to high professional standards and good taste.
The practice of taking security deposit by an editor from the journalists at the time of their appointment is unethical.
The media house must retain its impartiality in functioning as media house and reporting cannot be permitted to become subservient to other business interests.

Apart from all this newspaper should avoid involvement in fraudulent activities, professional rivalry, plagiarism, unauthorized lifting of news, illegal reproduction or non-return of unsolicited material.

                                                                  *****

Media in India especially the print media has a very rich and entrenched history. Recent studies show that while readership is growing in all the languages; the average time spent on reading has gone down. But still even during the recent slowdown the old media (print) has registered strong growth compared with the radio and the new media (television and Internet). But all these media have their own importance. To safeguard this diverse and established media, the Press Council of India (PCI) was constituted on 4 July 1966 as an autonomous, statutory, quasi-judicial body on the recommendation of the First Press Commission.

PCI is jointly funded through fees levied on registered newspapers with minimum circulations of 5,000 and grants from the ministry of information and broadcasting. It is headed by a chairperson who is, most often, a retired Supreme Court judge. The council discharges its responsibilities primarily through inquiry committees, adjudicating on complaints received by it against the press for violation of the norms of journalism or from the press for interference with its freedom.

The council has been trying to keep pace with the number of complaints received over the years but the inordinate delays are on the rise. From 2001-08 PCI received more than seven thousand complaints while from 1990-2000 it received more than nine thousand complaints. Of the complaints received most (average 70%) complaints are against the press. Roughly 25% are adjudicated upon, and around 60-70% are dismissed. While many cases keep awaiting their chance as the council takes inordinate amount of time over its interventions. This also happens because the Council is largely Delhi-based.

In the recent years print media has tried to imitate television news in terms of content, genre and presentation to garner attention using various ways. In this competition to get more sensational news and faster, there is growing evidence of journalistic principles being compromised. The council is quiet on unethical practices such as so-called private treaties or ad-for-equity deals, the rise of advertorial phenomenon and the lack of job security for journalists.

In 1992, the council chronicled, “A Guide to Journalistic Ethics” outlining the broad principles evolved in the course of its adjudication on various subjects—both in respect of standards of journalism and freedom of the press. This guide deals with the issues of communal writing, journalistic impropriety, obscenity and bad taste, pre-verification of news, scurrilous writing and right to privacy, advertising and press freedom.

But sections of the press do not seem to take the council very seriously. Though it is meant to be a mechanism for self-regulation, the council’s guidelines and recommendations are often just ignored and media organizations do not even bother to appear before its inquiry committees. Recent examples of these violations and apathy include openly communal coverage of incidences of terror and conflict.

Time and again, there have been suggestions that the council should have penal powers to punish the delinquent newspapers/journalists. In response, the council has said its moral authority is quite effective.

Self-regulation does work but only if the Press remains committed to it—it is this commitment and acceptance that gives the council its real teeth. Press councils and such regulatory bodies across the world have played a more proactive role in setting industry standards, undertaking regular studies, organizing regular public consultations and also empowering readers. The existing model of PCI is, therefore, an ineffective comparison or benchmark for ongoing discourse on regulating broadcast content. Any self-regulatory system needs to be prompt, proactive, participatory and, above all, one to which the newspaper and magazine publishing sector is committed and accountable. There is a clear need to re-look at accountability systems across media, including print.

Discuss Press Council and codes of media ethics.

2010-04-19T02:37:00.000+05:30

Press Council is a mechanism for the Press to self-regulate itself. The rationale this unique institution is that in a democratic society the press needs to be free and responsible.

For the Press to function independently and effectively as the fourth pillar of democracy, it must have the freedom of expression, unfettered and unhindered by any authority. But, such freedom must be exercised with a due sense of responsibility and high standards of professional conduct.
But, if the norms are breached and the freedom is dishonored, there ought to be a way to check and control it. Again, control by Government or official authorities may prove destructive of this freedom. Therefore, the best way is to self regulation or better co-regulation by those experienced in the profession, assisted by a few discerning laymen to regulate it through a properly structured representative impartial machinery. Hence, the need of a body likes Press Council.

The need for such a mechanism has been felt for a long time both by the authorities as well as the Press itself all over the world and it resulted in the setting up of the first Press Council known as the Court of Honour in Sweden in 1916. The idea gained quick acceptance in other Scandinavian countries, and later in other parts of Europe, Canada, Asia, Australia and New Zealand. Today, the Press Councils or similar other media bodies are in place in around 50 countries.

The basic concept of self-regulation in which the Press Councils and similar media bodies world over are founded, was articulated by Mahatma Gandhi, who was an eminent journalist in his own right, thus: “The sole aim of journalist should be service. The newspaper press is a great power, but just as unchained torrent of water submerges the whole country side and devastates crops, even so an uncontrolled pen serves but to destroy. If the control is from without, it proves more poisonous than want of control. It can be profitable only when exercised from within."

                   ****
The First Press Commission (1954) came across instances of yellow journalism of one type or another, scurrilous writing-often directed against communities or groups, sensationalism, bias in presentation of news and lack of responsibility in comment, indecency and vulgarity and personal attacks on individuals. The Commission conclude that the best way of maintaining professional standards of journalism would be to bring into existence a body of people principally connected with the industry whose responsibility would be to arbitrate on doubtful points and to censure any one guilty of violation of the code of journalistic ethics. The Commission recommended the setting up of a 25 member Press Council on a statutory basis on the ground that the Council should have legal authority to make inquiries.
The Press Council of India was thus constituted on 4th July, 1966 as an autonomous, statutory, quasi-judicial body, with Shri Justice J R Mudholkar, then a Judge of the Supreme Court, as Chairman.

                      ****
The world of media witnessed huge change over last 44 years when the first Press Commission was constituted. There have debates about whether the Press Council of India (PCI) should be expanded by bringing within its purview the electronic and other media; whether the Press needs two watchdogs - one for the print media and one for the other media or if there should be an all-inclusive media council.

As the debates have matured, people have raised questions about whether the PCI has enough autonomy and if the autonomy of the Press Council be eroded after division. Some have also suggested penal powers for the PCI as the Press has gradually shown insensitiveness to the PCI guidelines. These are some of the questions that are now being debated in media circles.

                                                                         ****
Well, but as the debate about the PCI is adding new dimensions, the concerns raised by former PCI chair Justice P. B. Sawant in his report on the future of print media, the mother of all journalism deserves mention.

           The most serious concern is over the trend of ignoring or suppressing news relating to people's real concerns. Many newspapers have no place for the real issues before the nation and the problems faced by the people.
                        Next are the "crass commercialization" of the media, the indecent portrayal of women, the glorification of criminals, the devaluation of the office of the Editor, and writings that cause hostility among different social groups.

The report suggests doesn’t talk about problems. It does suggest some dynamic solution:

-Setting up of a Third Press Commission (the Second Press Commission submitted its report in 1982);
-Forming cooperatives of small newspapers;
-Providing insurance cover for journalists in the context of increasing instances of attacks on the media;
-Encouraging neighborhood or community newspapers; and
-Creation of companies run by journalists, and providing newsprint to small newspapers at comparatively cheap prices.

As the market forces are transforming the character of the newspaper industry and the practice of employing journalists on contract proliferate, will the Press regulate from inside. There may be one more Press Council or a Press Council with penal powers but without that conscience market will always find a way out and at a time when vested interests, Indian and foreign, are trying to make a foray into the Indian media scene, the need for such a body seems pressing.

Code of Media Ethics:

Recent studies in the USA have suggested that an increasing number of people believe that newspapers are not to be trusted because they carry half- told or misleading stories resulting from lax standards of reportorial research and back grounding of news stories. And that is true in a country where Press Freedom under the First Amendment is much more pronounced than in India. Many of us who consider the US Press as a standard should remember that the charge could be equally leveled against much of Indian reporting as well. So, what it is it that we need to follow? Some of the codes which are universal for media personnel hold true in India as well. Let us take a look:

Seek Truth and Report It:

Journalists should be honest, fair and courageous in gathering, reporting and interpreting information. Journalists should:
Test the accuracy of information from all sources and exercise care to avoid inadvertent error. Deliberate distortion is never permissible.
Identify sources whenever feasible. The public is entitled to as much information as possible on sources' reliability.
Always question sources’ motives before promising anonymity and clarify conditions attached to any promise made in exchange for information and yes keep promises.
Make certain that headlines, news teases and promotional material, photos, video, audio, graphics, sound bites and quotations do not misrepresent. They should not oversimplify or highlight incidents out of context.
Never distort the content of news photos or video. Image enhancement for technical clarity is always permissible. Label montages and photo illustrations.
Avoid misleading re-enactments or staged news events. If re-enactment is necessary to tell a story, label it.
Avoid undercover or other surreptitious methods of gathering information except when traditional open methods will not yield information vital to the public. Use of such methods should be explained as part of the story.

Never plagiarize:

Tell the story of the diversity and magnitude of the human experience boldly, even when it is unpopular to do so.
Examine their own cultural values and avoid imposing those values on others.
Avoid stereotyping by race, gender, age, religion, ethnicity, geography, sexual orientation, disability, physical appearance or social status.
Support the open exchange of views, even views they find repugnant.
Give voice to the voiceless; official and unofficial sources of information can be equally valid.
Distinguish between advocacy and news reporting. Analysis and commentary should be labeled and not misrepresent fact or context.
Distinguish news from advertising and shun hybrids that blur the lines between the two.
Recognize a special obligation to ensure that the public's business is conducted in the open and that government records are open to inspection.

Minimize Harm:

Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect. Journalists should:
Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.
Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.
Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.
Show good taste. Avoid pandering to lurid curiosity.
Be cautious about identifying juvenile suspects or victims of sex crimes.
Be judicious about naming criminal suspects before the formal filing of charges.
Balance a criminal suspect’s fair trial rights with the public’s right to be informed.

Act Independently:

Journalists should be free of obligation to any interest other than the public's right to know. Journalists should:
Avoid conflicts of interest, real or perceived.
Remain free of associations and activities that may compromise integrity or damage credibility.
Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity.
Disclose unavoidable conflicts.
Be vigilant and courageous about holding those with power accountable.
Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage.
Be wary of sources offering information for favors or money; avoid bidding for news.

Be Accountable:

Journalists are accountable to their readers, listeners, viewers and each other.
Journalists should:
Clarify and explain news coverage and invite dialogue with the public over journalistic conduct.
Encourage the public to voice grievances against the news media.
Admit mistakes and correct them promptly.
Expose unethical practices of journalists and the news media.
Abide by the same high standards to which they hold others.

                                                                            ****
Apart from all the codes discussed above there are some specific concerns of Indian Journalism that should be kept in mind:

Communalism is one of the greatest threats to the fabric of our free society and to the nation's solidarity. The press has a vital role to play in promoting democracy, secularism, national unity and integrity and the rule of law. It is the duty of the press to help promote unity and cohesion in the hearts and minds of the people, and refrain from publishing material tending to excite communal passions or inflame communal hatred. To this end the press should adhere to the following guidelines in reporting on communal incidents in the country:

a) All editorial comments and other expressions of opinion, whether through articles, letters to the Editor, or in any other form should be restrained and free from scurrilous attacks against leaders or communities, and there should be no incitement to violence.
b) Generalized allegations casting doubts and aspersions on the Patriotism and loyalty of any community should be eschewed.
c) Likewise, generalized charges and allegations against any community of unfair discrimination, amounting to inciting communal hatred and distrust, must also be eschewed.
d) Whereas truth should not be suppressed, a deliberate slanting of news of communal incidents should be avoided.
e) News of incidents involving loss of life, lawlessness, arson, etc. should be described, reported, and headlined with restraint in strictly objective terms and should not be heavily displayed.
f) Items of news calculated to make for peace and harmony and help in the restoration and maintenance of law and order should be given prominence and precedence over other news.
g) The greatest caution should be exercised in the selection and publication of pictures, cartoons, poems, etc. so as to avoid arousing communal passions or hatred.
h) Names of communities should not be mentioned nor the terms "majority" and "minority" communities be ordinarily used in the course of reports.
i) The source from which casualty figures are obtained should always be indicated.
j) No facts or figures should be published without fullest possible verification. However, if the publication of the facts or figures is likely to have the effect of arousing communal passions, those facts and figures may not be given.

                                                                                 ****
So, where are we?

There has been criticism of the media paying attention to frivolous stories, such as fashion shows in place of farmer’s suicides; that there is a disconnect between mass media and mass reality; that the poor are structurally shut out from the media; that corporate agendas dictate the media, and the institution has become more elitist than the other estates of democracy—the legislature, the executive and the judiciary apart from many others.

Agreed! To be sure, the Indian media is not infallible. The tragedy of farmers’ deaths cannot be denied. There is elitism also and we do need to be more ethical.

But what about the victims of the Bhopal gas disaster, or the oustees of the dams on the Narmada River? Or the Sikh survivors of post-Indira Gandhi assassination massacres in 1984? Or the victims of the Gujarat pogrom? Who, if not the Indian media, kept those stories alive?

It is one thing to be moved, quite another to be moved by the idea of being moved. And a journalist is supposed to be good at observing facts, reporting them accurately and objectively, and telling stories. Ethical concerns, in that case, will themselves be taken care of.

Write a critique on the concept freedom of press vis-à-vis the Constitution of India.

2010-04-19T02:34:00.002+05:30

Indians fought for Press Freedom from the British for almost a century and a half but when they wrote their own constitution they failed to secure these freedoms in the written Constitution of Free India in clear terms. The absence of a provision explicitly incorporating freedom of press in the Draft Constitution surprised many, who believed those who promoted it as a 'progressive liberal Constitution'.

However, the Constituent Assembly thought that the freedom of press meant freedom of expression and no specific mention of the same was warranted. "The editor of a press is merely exercising the right of the expression, and therefore, no special mention of the freedom of press is necessary."

                      ****

In Indian Constitution, Article 19(1) (a) guarantees the Right to Freedom of Speech and Expression. It has been held that Press Freedom is an implied or deduced right. Freedom granted under Article 19(1) (a) is restricted by the limitations mentioned in Article 19(2) which provides that the guarantee of the above right would not affect the operation of any existing law or prevent the state from making any law relating to libel, slander, defamation, contempt of court or any matter which offended against decency or morality or which undermined the security of or which tended to overthrow the state.

Article 19(2) has been amended twice since the commencement of the Constitution. The first Amendment was in 1951 and it was followed by a second one in 1963. Interestingly the very first amendment was about restricting the Freedom of Expression under Article 19 (1) (a). This Amendment enlarged the scope of the restrictive clause by addition of three new grounds viz. Friendly relations with foreign states, public order and incitement to an offence even as the term 'defamation' was dropped. The expression 'security of the state' was meant to cover the ground 'to over throw the state' also. Another feature of the first Amendment was inclusion of the word "reasonable" before the word "restrictions".

Article 19(2) was further amended by Sixteenth Amendment Act 1963 which included one more ground in the clause, viz. "sovereignty and integrity of India."

The clause, Article 19(2) now runs as follows:

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

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The silver lining in our case was that the Supreme Court has emphasized the great value of the freedom of press in democratic society. Thus from the start the judiciary has vindicated the stand taken in the Constituent Assembly.

In Romesh Thappar v State of Madras the Supreme Court struck down as violative of Article 19(1) (a), the Madras Maintenance of Public Order Act 1949 which sought to impose restrictions on the freedom of press not against undermining the security of the state or its overthrow but for the wider purpose of securing public safety or maintenance of public order; as in the opinion of the Court the law fell outside the scope of Article 19(2).

In R.Rajagopal v State of T.N; (1994) 6 SCC 632 the Supreme Court held that the government has no authority to impose a prior restraint upon publication of defamatory material against its officials. The Court also observed that to propagate ones ideas every citizen has a right to publish, disseminate and circulate them to reach any class and any number of readers subject to the limitations under Article 19(2).

The courts have saved the Press from the indirect efforts of the executive to check Press Freedom. In the Bennett Coleman & Co. v. Union of India, (1972) 2 SCC 788 a disingenuous attempt was made to stifle press freedom through the machinery of the import control regulations by imposing severe restrictions on the import of newsprint . Bennett Coleman, amongst other newspapers, challenged the import control policy. Nani Palkhivala represented on behalf of the Press. The majority judgment of Justice A.N. Ray wrote: “Newsprint does not stand on the same footing as steel. Steel will yield products of steel. Newsprint will manifest whatever is thought of by man”. The Court struck down the restrictions. This judgment is another instance of the generous protection accorded to press freedom by our judiciary.

The view of the Courts regarding press freedom can be summed up as follows:

"The expression 'freedom of press' has not been used in Article 19 but it is comprehended within Article 19(1) (a). The expression means freedom from interference from any authority in the name of public interest. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate cannot make responsible judgments. Freedom of press is a heart of social and political intercourse.

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The 44th Amendment [1978] of the Constitution also provides for constitutional protection for journalists. Article 361-A which was incorporated into the Constitution by this amendment and it provides that no person shall be liable to any proceedings, civil or criminal, in any Court in respect of the publication of a substantially true report of any proceedings of either house of Parliament or the Legislative Assembly unless publication is proved to have been made with malice. This immunity does not apply to the publication of a report of a secret sitting of a house.

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Other Laws Affecting Freedom of Press:

The legal implications arising out of the concept of 'press freedom' are many and hence they are not confined to the constitutional provisions alone. The different aspects of it infringe inter alia on criminal law , law of contempt, Copyright Act , Official Secrets Act, Freedom of Information Act, Law of torts, Prevention of Insults to National Honor Act etc, to name a few .

These laws deal with different issues like those of decency or morality, the issue of privacy Vs right to information, defamation etc. Issues arising due to investigative reporting are also dealt with by these laws. There are also exclusive press laws like Working Journalists Act, Press Councils Acts, Newspapers Act, Press and Registration of Books Act etc. The Press Councils Act created the quasi judicial body- Press Council of India.

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Current Scenario:

The most recent serious controversy which brought the perennial problem of protection of freedom of speech and press from arbitrary exercise of the power of punishing for contempt possessed by the legislature, back in to limelight was the action of the Tamil Nadu Legislative Assembly, of punishing the editors and journalists of The Hindu for publishing reports of speeches in the Assembly and for editorial comments on its action of referring those reports to its privilege committee.

Though the powers of the house under Parliamentary Privilege are being declared "insult laws", condemned and scrapped in most of the nations, they continue to come back time and again to haunt the Press. Even in England from where we learnt these Privileges a Joint Parliamentary Committee recommended in 1999 that Parliament's power to imprison persons, whether members or not who are in contempt of Parliament should be abolished.

The Threats:

There are three standing threats to press freedom :

   The law of parliamentary privilege
   The Speaker's censorship of the press and
   Section 199(2) of the Code of Criminal Procedure, 1973

Three cases decided by constitution benches of the Supreme Court of India (in 1952, 1958 and 1965) have laid down the contours of the law concerning parliamentary and legislative privilege in India and their impact on press freedom. But they have not been uniformly consistent.

In the first instance, in March 1952, when a journalist Homi Mistry was arrested in Bombay and taken in custody to Lucknow, to be produced before the Speaker of the Uttar Pradesh Legislative Assembly to answer a charge of breach of privilege, a constitution bench of the Supreme Court set him free since it was a breach of one of his fundamental rights: Article 22(2), that no person shall be detained in custody (beyond a period of 24 hours) without the authority of a magistrate. Fundamental rights, the bench of five judges said, would override legislative privilege.

But when some years later (December, 1958), one M.S.M. Sharma, editor of an English language newspaper, Searchlight, was called upon by the Speaker of the UP Legislative Assembly to show cause why he should not be proceeded in contempt of the House for publishing expunged portions of a member’s speech, a constitution bench of five judges (by majority 4:1) refused to interfere. This was the second incident. The Supreme Court ruled (5-1) that the privileges of India's legislatures prevail over the fundamental rights of its citizens on the reasoning that "the provisions of Article 19(1) (a) (the fundamental right to freedom of speech and expression), which are general, must yield to Article 194(1) which is special". Chief Justice S.R. Das overlooked the obvious fact that what he discussed as "general" was a mandate whose violation would render even acts of Parliament, passed unanimously, void. The parliamentary/legislative privilege triumphed over freedom of speech and of the Press.

In the third case — in Keshav Singh (1965) — a special constitution bench of seven judges of the Supreme Court (in a presidential reference) reaffirmed the view expressed in the Searchlight Case (1959) — that Article 19(1) (a) could not be invoked when there was contempt of the legislature. But the court then went on to say (by a majority of 6:1) that though Article 105(3) and Article 194(3) of the constitution conferred upon the Houses of Parliament and state legislatures, the same jurisdiction with respect to their privileges as that of the House of Commons, they definitely did not incorporate the rule that the legislatures were also to be the final judges of those privileges: courts in India could and would scrutinise their decision under Article 21, especially since neither the Parliament nor state legislatures in India were possessed of the power that was enjoyed by ancient usage by the British House of Commons, that of a “High Court of Parliament”.

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In a country with a constitutionally guaranteed Bill of Rights the construction of Article 19(1) (a) and 194(3) in both the above cases was a grave mistake. Till then the understanding was that fundamental rights prevailed. In G.K. Reddy vs Nafisul Hassan AIR 1954 SC 636 the Supreme Court held that "the sovereignty which can be claimed by the Parliament in England, cannot be claimed by any legislature in India, in the literal absolute sense" (page 864). The Deputy Editor Homi Mistry on whose behalf G. K. Reddy appealed was arrested in Bombay on a warrant by the Speaker of the U.P. Assembly.
The Supreme Court also mitigated the 1959 ruling in the U.P. Judges' case. The court ruled that (a) the fundamental right to move the Supreme Court for enforcement of the fundamental rights (Article 32) prevails over the privileges as does the High Court's writ power (Article 226). Both have the power to grant bail in the interim. Though the court dealt with the matter citing Article 21 and said that Article 19(1) (a).

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The Dilemma!

As far as India is concerned there exist constitutional contradictions as to whether the Parliamentary Privileges are limited by Fundamental Rights. The result: Uncertainty. The uncertain situation will continue, until the Supreme Court launches into the area and clarifies its previous decisions which are conflicting and legislators come forward to codify the privileges. There have been many suggestions after that including one by the Press Council of India urged codification of privileges "in the interest of the freedom of the press", the task remains unaccomplished as of till now.

Discuss the origin and growth of Prasar Baharti Corporation Act (PBC) of 1990.

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PBC Act 1990 – a regulation aimed to give autonomy to the Public Broadcasting System, was introduced in December 1989, passed in September 1990, and notified in 1997. The Corporation would inherit the capital assets of Doordarshan and AIR and would be managed by a 15-member Prasar Bharati Board, including the Directors-General of the two organisations and two representatives from amongst the employees. The Chair and other members of the Board would be appointed on the recommendations of the selection committee headed by the Vice President. Its aim was autonomy with accountability. It is a statutory body (by govt. act) unlike the Election Commission which is a Constitutional Body (mentioned in the Constitution).

The need for an autonomous public broadcast system was first felt in 1977 soon after the emergency when the Indira Gandhi government widely misused the public broadcaster. B.G. Varghese Committee formed after the Emergency recommended the establishment of an autonomous PBS in India.

The Lok Sabha admitted the Prasar Bharati Bill in May 1979, but following the return of the Congress to power, it was put into cold storage. The victory of the National Front government in 1989 saw the revival of the Prasar Bharati Bill in a somewhat modified form; the Bill was passed by Parliament and received presidential assent on September 12, 1990.
The Act was finally notified in 1997. It provided for the formation of an autonomous Broadcasting Corporation that would manage Doordarshan and AIR, discharging all powers previously held by the Information and Broadcasting Ministry.

Apart from safeguarding the citizen’s right to be informed freely, truthfully, and objectively, on all matters of public interest, the PBC would have a special commitment as a PSB. This would include paying special attention to fields that commercial broadcasters may ignore (e.g. education, agriculture, rural development, women’s empowerment, traditional arts, health and family welfare, etc). The PBC would also have to meet the needs of regional audiences, minorities and the STs & SCs of India’s. The primary duties of the PBC were two:

1. To organize and conduct Public Broadcasting Services;
2. To inform, educate & entertain the public and ensure a balanced development of broadcasting on Radio & TV.

The Prasar Bharati Act gives a kind of activist agenda to Prasar Bharati mandating it among other things, promotion of social justice, combat of evils of untouchability, work for safeguarding the rights of the working classes, and stimulate national awareness on the status and problems of women.

The creation of a 22-member Parliamentary committee was to oversee the performance of the PBC in accordance with the rules and regulations and in letter and spirit of the Act. It envisages Parliamentary accountability without Government intervention.

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Prasar Bharti (Broadcasting Cooperation of India) Act provides for grant of autonomy to electronic media, namely, AIR and Doordarshan, which was under the Government control before enactment of this law. The main aim of the act is that Media should be under the control of the public as distinct from Government. It should be operated by a public statutory corporation or corporations, whose constitution and composition must be such as to ensure their impartiality in political, economic and social matters and on all other public issues.
The Broadcasting Corporation was supposed to be independent after all these provisions but Section 23 of the Act gave the Central Government the power to issue to the Corporation directions to broadcast or not to make a broadcast, if it deemed it necessary in the interests of the sovereignty, unity and integrity of India, or the security of the State, or the preservation of public order.
Another provision that curtailed the autonomy of the Corporation was Section 13, which provided for the constitution of a 22-member Parliamentary Committee to oversee the working of the Corporation. The government used both these provisions rather too generously. The Parliamentary Committee acted more as a control and so did the bureaucrat in the 15 member Prasar Bharati Board.
Even this symbolic autonomy didn’t come so easily. The National Front government (with VP Singh as Prime Minister) fell before the Act could be notified. It was again not notified by the Narasimha Rao Govt. which came to power in 1991. But this time the reason given was that the arrival of private satellite broadcasting had rendered State broadcasting redundant. The future of DD, it was suggested, lay in privatization, not autonomy.

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However the legislation got a fresh lease of life when the Supreme Court, on 9 February
1995, in the Cricket Association of Bengal case, directed the Government to set up an independent broadcasting authority that would give access to all interests and groups. Even then it took the then Information and Broadcasting Minister Jaipal Reddy of the United Front Government two years to announce that the Act would be notified.

The United Front government again introduced changes in two main categories. It scrapped Section 13 of the 1990 Act that had provided for a Parliamentary Committee to oversee the working of the Board. Other amendments removed the Government’s power to stipulate advertisement airtime and provided for the transfer of the assets of Doordarshan and Akashvani to the Corporation for a perpetual lease of a token Re 1 a year.
The second sets of amendments were broadly meant to seek to reconcile the Prasar Bharati Act with planned legislation on private broadcasters. It replaced the Broadcasting Council provided for in the Prasar Bharati Act with the Broadcasting Authority of India, that would govern private broadcasters when the then pending Broadcasting Bill 1997 was enacted. The United Front government also appointed SS Gill as the Chief Executive of the Corporation, amending the statutory qualifications for the designated head of Prasar Bharati.
But then the premature general elections in 1998 saw the formation of a new BJP-led government. The BJP had opposed Gill’s appointment as violative of the stipulated age limit. When Gill refused to resign, the BJP government allowed the presidential ordinance amending the Prasar Bharati Act to lapse, and then removed him from office saying he did not satisfy the qualifications required under the Act. The government also removed other members of the Prasar Bharati from their posts. These actions were challenged in the Delhi High Court, which declined to interfere on the ground that it was a policy matter.
In recent years after the UPA came to power the Central Government introduced the Prasar Bharati (Broadcasting Corporation of India) Amendment Bill, 2008 in Parliament, amending the Prasar Bharati Act to reduce the tenure of the Corporation’s Chairman from six to three years. The move was seen to be aimed at easing out then Prasar Bharati Chairman, MV Kamath.
An upper age limit of 70 years was also introduced for the position of Chairman. The I&B Minister Priya Ranjan Dasmunsi said these changes would help bring diversity of experience at the top level for the benefit of the organisation. The Minister pointed out in the statement of objects and reasons that it was felt necessary to rationalise such matters “in order to inject sectoral experience to rejuvenate Prasar Bharati and its Board.”

The Prasar Bharati Act vests the PBS with special responsibilities and purpose though the PBS has remained bureaucratic and more often than not toes the government line. If Indian Mass Media is to play a meaningful role in building an egalitarian democratic society, organization like the PBS will need to address the needs of an audience which finds it difficult to get two square meals to meet. The Prasar Bharati Act in principle aims at exactly this. The real autonomy, albeit, has remained elusive.

How has the 1995 landmark SC judgment regarding air waves affected the electronic media scene in India?

2010-04-19T02:28:00.005+05:30

The Supreme Court held in February 1995 that the airwaves or frequencies were a public property in a dispute between the Ministry of Information and Broadcasting and the Cricket Association of Bengal. The court held that:

   The use of airwaves had to be controlled and regulated by a public authority in the interests of the public and to prevent the invasion of their rights. Since the electronic media involved the use of the airwaves, this factor creates an inbuilt restriction on its use, as in the case of any other public property.

   The Supreme Court held that the right to impart and receive information is a species of the right of freedom. The best means of imparting and receiving information as such is to have access to telecasting for the purpose. However, this right to have access to telecasting has limitations on account of the use of public property -- viz., the airwaves -- involved in the exercise of the right and can be controlled and regulated by a public authority. This limitation imposed by the nature of the public property involved in the use of the electronic media is in addition to the restrictions imposed on the right to freedom of speech and expression under Article 19 [2] of the Constitution.

   The Supreme Court instructed the Central Government to take immediate steps to establish an independent, autonomous public authority representative of all sections and interests in society to control and regulate the use of the airwaves. The Supreme Court said that a diversity of opinions, views and ideas cannot be provided by a medium controlled by a monopoly -- whether the monopoly is of the State or any other individual, group or organisation. “As a matter of fact, private broadcasting stations may perhaps be more prejudicial to the free speech right of the citizens than government-controlled media, as explained in the body of the judgment. The broadcasting media should be under the control of the public as distinct from Government. This is the command implicit in Article 19(1)(a).”

Falling in line with the decision the government:

   Formulated a Broadcasting Bill in 1996 which rests regulatory powers with an autonomous Broadcasting Authority and lays down guidelines for granting licenses to private broadcasters.
   The Ministry of Information and Broadcasting announced its decision in June 1998 to allow private Indian satellite channels to uplink from India.

Within a decade from the 1995 judgment dramatic changes in the country's media began taking shape, a process which had already started with the liberalization of market in 1992 and a deluge of film-based entertainment, news and current affairs provided by private channels started all around. All India Radio and Doordarshan, once country's officially anointed public service broadcasters, have become undecided incarnations of their former selves.

For the audience the elimination of direct state control has given endless variety of programs. Market imperatives have already forced the once state-owned AIR and Doordarshan to abdicate their responsibilities, ringing the death knell on the state's role in public service broadcasting.

A quick overview indicates:

    * Radio having the maximum population reach (97.3%) followed by television (425 million)
    * The unmatched reach of Doordarshan (350 million), especially in rural areas, despite the rapid increases in satellite television reach (70 million).

Some key factors to bear in mind is that despite the leapfrogging in satellite television, and the significant trends in that brand of programming, the majority of the population has access only to All India Radio and Doordarshan. A second factor is that much of this analysis indicates trends mostly among English and Hindi programmes – the predominant languages of the media discussed – to the exclusion of 25-plus other languages and dialects in the country.

The Media in India: Key Features and Landmarks:

All India Radio and Doordarshan were state owned until 1997 under the Ministry of Information and Broadcasting with primary declared aims of promoting the social objectives of the nation such as literacy and family planning.

February 1991: The Gulf war creates an unprecedented demand for cable television among Indian viewers wanting to follow the CNN coverage of the war. The demand for cable television continues after the war ends.

May 1991: Launch of satellite television in the form of the Hong-Kong based Star TV with its 39-nation footprint. Star TV transforms the face of Indian television, with its multiple channels and aggressive market-driven entertainment programming. Other private channels follow such as Zee TV, Sony TV, Sun, and Gemini. Doordarshan's revenues are fast depleted.

February 1995: A landmark Supreme Court judgement ruling declares that “airwaves are a public property.”

1996: A Broadcasting Bill is drafted which is an apex legislation on broadcasting. The Bill subsumes the Prasar Bharati Act of 1990 by spelling out autonomy for the Broadcasting Authority of India (to replace the role of the Ministry of Information and Broadcasting) to regulate public and private broadcasting. The Bill also lays down guidelines for granting licenses to satellite, terrestrial and cable broadcasters to establish and operate radio and TV channels to the "highest techno-commercially acceptable bidder."

August 1998: the Prasar Bharati Act is passed by the lower house of parliament, with an amendment that the Broadcasting Authority will be overseen by a 32-member parliamentary committee. The broadcast media stands poised on the brink of autonomy, awaiting the President's signature.

2000, The Information Technology Act: An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies.

In recent years government has been considering issuing more spectrum so that high speed internet, IPTV, VSAT and more TV and radio stations along with mobile companies could be allotted spectrum. The spectrum, a large portion of which is held by the services, once released fully would increase highly the quality of broadcasting and services. It is very significant as the next major round of growth in the media sector, as per studies, will come with the help mobile telephony.

Broadcast Media:

Radio:

There are 116 million radio radio sets. Radio covers 97.3% of the country's population and 91% of the country's geographical area. The number of radio stations has increased from about 100 in 1990 to 209 in 1997, and the land area covered from 84% to 91%. Currently, there are 248 private radio stations operating in India, along with the state-owned All India Radio and 800 -odd stations are due to come up for auctioning in phase three of private radio's expansion in India. According to one estimate, the industry clocked advertising revenues of Rs 1,000-odd crore in 2008, though a major share of this revenue is limited to a few players. It is one of the fastest growing and most organised parts of the estimated $16.7 billion media and entertainment industry in India. Still what is not clear, however, is how it could become profitable. Radio broadcasting is done in 24 languages and 146 dialects.

Listenership has sharply risen thanks to the recent time allotment to private companies on five FM stations. Film and other popular music constitute the main fare of such stations. The total number of private FM radio stations in India has increased to 69, with eleven new FM stations getting commissioned in April and May 2007.

Television:

The number of private television channels has increased from none in 1990 to around 200 channels operating with nearly 15-16 Television companies beaming programmes to India in the year 2007 . The major players being Doordarshan, STAR TV (Satellite Television Asia Network), Zee Television, United Television, CNN, Sony Television, ATN (Asia Television Network), BBC World, SUN TV, Discovery Channel, TNT and Others. India’s television business has an estimated $3.4 billion in revenue in 2005, according to PricewaterhouseCoopers. It is also starting to exert greater cultural influence. Entertainment constitutes about 51% of the total programme content. News and education constitute a mere 13.3% and 9.6% of programme content.

There is no longer the captive audience of the mid-80s, and there are several competing channels and soaps to choose from. This has brought TRP ratings in recent years, which have become of prime importance to generate ad revenues.

Television has the highest number of "heavy viewers" (43.6%) while the press has 41.1% non-readers, and radio 70.6% non-listeners, according to a study conducted in the metros of eight most advanced states. At present there are more than 100 million homes which own TV. So, actually media has considerably increased.

The Internet:

Recognising that access to information and information technologies play a key role in development, especially given the constraints of the mass media internet holds the promise for the future. However, the extremely low access to internet – there are a mere 4.2 million internet subscribers in the country as in 2007, bringing the density to decimal points – is a key hindrant.

Television and cable:

The media and Entertainment (M&E) industry in the annual Ficci report prepared by PricewaterhouseCoopers (PwC) shows the sector has outperformed most others, and grown at a healthy 18-19 per cent clip over the past 4-5 years. Projecting the same compounded annual growth rate (CAGR) of 18 per cent, PwC estimates the M&E industry will more than double its size, from Rs 51,300 crore to Rs 1,15,700 crore, by 2012. Last year, too, the industry maintained its 18 per cent growth rate, moving from Rs 43,800 crore in 2006 to Rs 51,300 crore in 2007.

SIZE OF INDIAN MEDIA: In Numbers

At a Glance (2005)

Television 110 million sets 250-300+ million viewers

Channels available 200 channels 110 Million homes

190 million viewers a week

Color TV sets 56 million

Satellite/Cable connected TV sets 61 million

24hour News Channels-25 channels

Radio-135 million sets Nearly 300 million Listeners

AIR Stations– 115, Local 77, Vivid Bharati – 39, 115 primary, 78 local in 24 languages and 146 dialects
60 million listeners a day.183 million over 3 months FM channels 37 private and 139 of AIR 96 million listeners

Telecommunication:

Landlines 54 million 26/1000 people
Mobile 45 million 7/1000 people
Internet 13 million
(Source: CMS Media Lab Compilation)

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Role and relevance of news media in terms of concerns and contents have included new considerations. Until a few years ago these were to do with the “Fourth Estate” notions and “watchdog” standing. For, that is how the news media have been enjoying certain privileges and societal status. The news media are expected to have larger and long range concerns about society, not just market compulsions or competitive concerns.
   The paradigm shift in media involves consumerism which a global phenomenon which dictates the media priorities today. They cater more for the greed not so much for the needs of a majority of people. That is how market sustains the media. 30 years ago, 55- 77% of the total revenue of newspapers was from the readers. Today it is advertising which sustains media. There is a declining dependence on the reader and the viewer. And yet media are able to grow and increase their profits because of growth opportunities in the country.

What do you understand by the human rights and what are the main rights enshrined in the Universal Declaration of Human Rights?

2010-04-19T02:09:00.000+05:30

Human rights are rights that every human being has by virtue of his or her human dignity. These are the basic rights of each individual in any part of the globe irrespective of cast, creed, sex, age, colour, status. It encompasses all social economic political, cultural anti-elements based on law of nature with the aim of ensuring justice, freedom and equality viz. individual and collective existence.

Human rights are the most fundamental rights of human beings which define relationships between individuals and power structures, especially the State. Human rights delimit State power and, at the same time, require States to take positive measures ensuring an environment that enables all people to enjoy their human rights. History in the last 250 years has been shaped by the struggle to create such an environment. Starting with the French and American revolutions in the late eighteenth century, the idea of human rights has driven many a revolutionary movement for empowerment and for control over the wielders of power, Governments in particular.

Human rights cover all aspects of life. Their exercise enables women and men to shape and determine their own lives in liberty, equality and respect for human dignity. Human rights comprise civil and political rights, social, economic and cultural rights and the collective rights of peoples to self-determination, equality, development, peace and a clean environment.

Examples of human rights:

In the area of civil and political rights:

• Right to life
• Freedom from torture and cruel, inhuman or degrading treatment or punishment
• Right to liberty and security of person
• Right of detained persons to be treated with humanity
• Freedom of movement
• Right to a fair trial
• Right to privacy
• Freedom of thought, conscience and religion
• Freedom of opinion and expression
• Prohibition of propaganda for war and of incitement to national, racial or religious hatred
• Freedom of assembly
• Freedom of association
• Right to marry and find a family
• Right to take part in the conduct of public affairs, vote, be elected and have access to public office
• Right to equality before the law and non-discrimination

In the area of economic, social and cultural rights:

• Right to work
• Right to form and join trade unions
• Right to social security
• Protection of the family
• Right to an adequate standard of living, including adequate food, clothing and housing
• Right to health
• Right to education

In the area of collective rights:

• Right of peoples to:
o    Self-determination
o    Development
o    Free use of their wealth and natural resources
o    Peace
o    A healthy environment
Other collective rights:
o    Rights of national, ethnic, religious and linguistic minorities
o    Rights of indigenous peoples

Universal Declaration of Human Rights:

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

    * All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

    * Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

    * Everyone has the right to life, liberty and security of person.

Article 4.

    * No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

    * No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

    * Everyone has the right to recognition everywhere as a person before the law.

Article 7.

    * All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

    * Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.

    * No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

    * Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

    * (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
    * (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

    * No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

    * (1) Everyone has the right to freedom of movement and residence within the borders of each state.
    * (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

    * (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
    * (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

    * (1) Everyone has the right to a nationality.
    * (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

    * (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
    * (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
    * (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

    * (1) Everyone has the right to own property alone as well as in association with others.
    * (2) No one shall be arbitrarily deprived of his property.

Article 18.

    * Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

    * Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

    * (1) Everyone has the right to freedom of peaceful assembly and association.
    * (2) No one may be compelled to belong to an association.

Article 21.

    * (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
    * (2) Everyone has the right of equal access to public service in his country.
    * (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

    * Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

    * (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
    * (2) Everyone, without any discrimination, has the right to equal pay for equal work.
    * (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
    * (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

    * Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

    * (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
    * (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

    * (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
    * (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
    * (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

    * (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
    * (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

    * Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

    * (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
    * (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
    * (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

    * Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

What are international humanitarian laws? (Geneva Convention, ICRC etc)

2010-04-19T02:05:00.000+05:30

As per ICRC guidelines International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. IHL is also known as the law of war or the law of armed conflict. It is part of international law, which is the body of rules governing relations between States. It is contained in agreements between States – treaties or conventions –in customary rules, which consist of State practise and it is considered by them as legally binding.

International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force or not.

Origin:

International humanitarian law is rooted in the rules of ancient civilizations religions warfare has always been subject to certain principles and customs. Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful balance between humanitarian concerns and the military requirements of States. As the international community has grown, an increasing number of States have contributed to the development of those rules. International humanitarian law forms today a universal body of law.

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A major part of international humanitarian law comes from the four Geneva Conventions of 1949. Nearly every State in the world has agreed to be bound by them. The Conventions have been developed and supplemented by two further agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflicts which prohibit the use of certain weapons and military tactics and protect certain categories of people and goods. These agreements include:
- The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, plus its two protocols;
- The 1972 Biological Weapons Convention;
- The 1980 Conventional Weapons Convention and its five protocols;
- The 1993 Chemical Weapons
Convention;
- The 1997 Ottawa Convention on anti-personnel mines;
- The 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Many provisions of IHL are now accepted as customary law – that is, as general rules by which all States are bound.

IHL applies only to armed conflict and it does not cover internal tensions or disturbances such as isolated acts of violence. The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting. IHL distinguishes between international and non-international armed conflict. Those conflict in which at least two States are involved are considered international. They are subject to a wide range of rules, including those set out in the four Geneva Conventions and Additional Protocol I.

Non-international armed conflicts are those restricted to the territory of a single State, involving either regular armed forces fighting groups of armed dissidents, or armed groups fighting each other. A more limited range of rules apply to internal armed conflicts and are laid down in Article 3 common to the four Geneva Conventions as well as in Additional Protocol II.

It is important to differentiate between international humanitarian law and human rights law. While some of their rules are similar, these two bodies of law have developed separately and are contained in different treaties. In particular, human rights law – unlike international humanitarian law –applies in peacetime, and many of its provisions may be suspended during an armed conflict.

International humanitarian law covers two areas:
-The protection of those who are not, or no longer, taking part in fighting; and
-The restrictions on the means of warfare – in particular weapons – and the methods of warfare, such as military tactics.

IHL protects those who do not take part in the fighting, such as civilians and medical and religious military personnel. It also protects those who have ceased to take part, such as wounded, shipwrecked and sick combatants, and prisoners of war. These categories of person are entitled to respect for their lives and for their physical and mental integrity. They also enjoy legal guarantees. They must be protected and treated humanely in all circumstances, with no adverse distinction. More specifically: it is forbidden to kill or wound an enemy who surrenders or is unable to fight; the sick and wounded must be collected and cared for by the party in whose power they find themselves. Medical personnel, supplies, hospitals and ambulances must all be protected.

There are detailed rules governing the conditions of detention for prisoners of war and the way in which civilians are to be treated when under the authority of an enemy power. This includes the provision of food, shelter and medical care, and the right to exchange messages with their families. The law sets out a number of clearly recognizable symbols which can be used to identify protected people, places and objects. The main emblems are the Red Cross, the Red Crescent and the symbols identifying cultural property and civil defence facilities.

The restrictions on weapons and tactics:

International humanitarian law prohibits all means and methods of warfare which:
Fail to discriminate between those taking part in the fighting and those, such as civilians, who are not, the purpose being to protect the civilian population, individual civilians and civilian property;
Cause superfluous injury or unnecessary suffering;
Cause severe or long-term damage to the environment. Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological weapons, blinding laser weapons and anti-personnel mines.

Sadly, there are countless examples of violation of IHL. Increasingly, the victims of war are civilians. However, there are important cases where international humanitarian law has made a difference in protecting civilians, prisoners, the sick and the wounded, and in restricting the use of barbaric weapons.
Given that this body of law applies during times of extreme violence, implementing the law will always be a matter of great difficulty. That said, striving for effective compliance remains as urgent as ever.

Measures must be taken to ensure respect for IHL. States have an obligation to teach its rules to their armed forces and the general public. They must prevent violations or punish them if these nevertheless occur. In particular, they must enact laws to punish the most serious violations of the Geneva Conventions and Additional Protocols, which are regarded as war crimes. The States must also pass laws protecting the Red Cross and Red Crescent emblems. Measures have also been taken at an international level: tribunals have been created to punish acts committed in two recent conflicts (the former Yugoslavia and Rwanda). An international criminal court, with the responsibility of repressing inter alia war crimes, was created by the 1998 Rome Statute. Whether as individuals or through governments and various organizations, we can all make an important contribution to compliance with international humanitarian laws.

Cinematograph Act (1952)

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The act came into force all over India except in the State of Jammu and Kashmir. In Sikkim it came in to effect in 1983.

Note: (2-A) Any reference in this Act to any law which is not in force, or any functionary not in existence, in the state of Jammu and Kashmir, shall, in relation to that Stat, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State.

Note: As far as the issue of granting license to exhibit cinema shows is concerned, the provisions of the Cinematograph Act, 1918 (Act 2 of 1918) are still in force in Part A and Part B States[1]. The other provisions apply to the whole of India.

Under this Act "Adult" means a person who has completed his eighteenth year, "Cinematograph" includes any apparatus for the representation of moving pictures or series of pictures, "film" means a cinematograph film, "regional officer" means a regional officer appointed by the Central Government and "Tribunal" means the Appellate Tribunal.

For the purpose of sanctioning films for public exhibition, the Board of Film Certification formed by the Central Government shall consist of a Chairman and 12-25 other members. The Chairman shall receive salary and allowance and the other members shall receive such allowances or fees for attending the meetings of the Board.

Examination (4) and certification (5A) of films:

Any person desiring to exhibit any film shall make an application to the Board for a certificate and after examining the film the Board may:

(i) Sanction the film for unrestricted public exhibition and grant "U" certificate.

[Regarding any material in the film, if it is necessary to caution that 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 and grant a "UA" certificate.]

(ii) Sanction the film for public exhibition restricted to adults and issue “A” certificate, or

(ii) (A) 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 and issue “S” certificate; or

Note: A certificate granted by the Board under this Section shall be valid throughout India for a period of ten years.

(iii) 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

(iv) Refuse to sanction the film for public exhibition.

The Board shall take any decision only after giving an opportunity to the applicant for representing his views in the matter.

Advisory panels(5):

For helping the Board efficiently discharge its functions the Central Government may establish at such regional centers advisory panels. The advisory panel when asked by the Board has to examine the film and make recommendations it thinks fit. The number of members is to be decided by the government.

Principles for guidance in certifying films (5-B):

  The film or any part of it should not be against the interests of [(Ins. by Act 49 of 1981] the security of the State, friendly relations with foreign States, public order, decency or morality, or involve defamation or contempt of court or incite any offence.

Notes: Censorship in India has full justification in the field of the exhibition of cinema films in the interest of society. It is justified under the Constitution.

Finally, it is not elements of rape, leprosy, sexual immorality which should attract the censor's scissors but how the theme is handled by the producer.

Appeals (5C):

Any Person applying for a certificate, if not satisfied by the order of the Board, may, within thirty days from the date of such order, appeal by a petition in writing (mentioning the reasons for the order along with the prescribed fees) to the Tribunal:

Note: If the Tribunal is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the aforesaid period of thirty days, it may allow appeal within a further period of thirty days.

Constitution of Appellate Tribunal (5-D):

·         For hearing such an appeal, the Central Government shall, by notification in the Official Gazette, constitute an Appellate Tribunal consisting of a chairman and not more than four other members.

·         The Chairman of the Tribunal should be a retired Judge of a High Court, or one qualified to be a Judge of a High Court.

·         The Central Government may appoint a Secretary and such other employees as it may think necessary for the efficient performance of the functions of the Tribunal.

·         The head office of the Tribunal shall be at New Delhi or where the Central Government may specify.

·         The Tribunal, after making inquiry into the matter, and after giving the appellant and the Board an opportunity of being heard, make order, it thinks fit and the Board shall dispose of the matter in conformity with such order.

Suspension and revocation of certificate (5-E):

Notwithstanding anything contained in sub section (2) of Section 6, the Central Government may, by notification in the Official Gazette, suspend a certificate granted for a period or may revoke altogether if it is satisfied that

-The film, in respect of which the certificate was granted, was being exhibited in a form other than the one in which it was certified.

Note: No action under this section shall be taken except after giving an opportunity to the person concerned for representing his views in the matter.

Review of orders by Central Government (5-F):

If an applicant is aggrieved by any order of the Central Government under Section 5-E, he may, within sixty days of the date of publication of the notification in the Official Gazette, make an application to the Central Government for review of the order, setting out in such application the grounds on which he considers such review to be necessary.

Note: If Central Government is satisfied that the applicant was prevented by sufficient cause from filing an application for review within the aforesaid period of sixty days, it may allow such application to be filed within a further period of sixty days.

The Central Government, may, after making further inquiry, pass such order as it thinks fit, confirming, modifying or reversing its decision and the Board shall dispose of the matter in conformity with such order.

Revisional powers of the Central Government (6) (1):

The Central Government may, of its own motion, at any stage, call for the record of any proceeding in relation to any film which is pending before, or has been decided by the Board or decided by the Tribunal (but not any matter which is pending before the Tribunal) and after making inquiry, make order and the Board shall dispose of the matter accordingly.

Note: No such order shall be made, except after giving the concerned an opportunity for representing his views in the matter. Until the government decides the film will be considered uncertified.

Information and documents to be given to distributors and exhibitors with respect to certified films (6-A):

The title, the length of the film, the number and the nature of the certificate granted in and the conditions, if any, subject to which it has been so granted, and any other particulars respecting the film which may be prescribed.

Penalties for contraventions of this (7):

If any person exhibits or permits to be exhibited, in any place, any film not conforming to the conditions as in section 6(a) or alters or tampers or fails to comply with any order, he shall be punishable with imprisonment for a term up to three years, or with fine up to one lakh rupees, or with both. In the case of a continuing offence, a further fine up to twenty thousand rupees for each day during which the offence continues might be imposed.

Power of seizure (7-A):

If a film for which no certificate has been granted under this Act is exhibited, or if a film is exhibited in contravention of any of the other provisions of this Act or of any order made by the Central Government, the Tribunal or the Board, then any public officer may, enter any place and search it and seize the film.

Power to exempt (9):

The Central Government may, by order in writing exempt the exhibition of any film or class of films from any of the provisions of this Part or of any rules made there under.

Note: For exemption, see note in the appendix.

Cinematograph exhibitions to be licensed (10):

No person shall give an exhibition elsewhere other than in a place licensed under this Part or otherwise than in compliance with any conditions and restrictions imposed by such license.

The Central Government may, form time to time so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure and adequate opportunity of being exhibited. Such directions shall be deemed to be additional conditions and restrictions.

Power of Central Government or local authority to suspend exhibition of films in certain cases (13):

The Lieutenant- Governor or, as the case may be, the Chief Commissioner and the district magistrate within his jurisdiction can suspend the exhibition of the film, if he is of opinion that public exhibition is likely to cause a breach of the peace and order.

Central Government may either confirm or discharge the order.

Power to revoke licence (15):
If the licensee has been convicted of an offence the licence may be revoked by the licensing authority.

[1] Part A States                      Part B States                         Part C States

        Assam                           Hyderabad                    Ajmer

         Bihar                              Jammu and Kashmir      Coorg

       Bombay                         Madhya Bharat              Bhopal

      Madhya Pradesh            Mysore                         Bilaspur

       Madras                          Patiala and East           Himachal Pradesh

       Orissa                            Punjab States Union      Cooch-Behar

        Punjab                           Rajasthan                     Delhi

       United Provinces            Saurashtra                    Kutch

       West Bengal                  Travancore-Cochin         Manipur

                                             Vindhya Pradesh           Tripura

Broadband Policy 2004

2010-03-28T01:03:00.001+05:30

Government have finalized this policy to accelerate the growth of Broadband services recognizing its potential in growth of GDP and enhancement in quality of life through societal applications including tele-education, tele-medicine, e-governance, entertainment as well as employment generation by way of high speed access to information and web-based communication.

NOTE: The policy was announced in the backdrop of low level of Internet and Broadband access which was 0.02% and 0.4% respectively at the end of December, 2003.

Broadband connectivity:

The estimated growth for Broadband and Internet subscribers in the country, as projected in the Broadband Policy 2004, envisaged through various technologies was as follows:

Year Ending             Internet Subscribers             Broadband Subscribers

2005                            6 million                                  3 million

2007                            18 million                                9 million

2010                            40 million                                20 million

NOTE: According to figures released by TRAI, the number of broadband subscribers in January 2010 is 8.03 million, way below what was projected in the Broadband Policy 2004.

Technology Options for Broadband Services:

(a) Optical Fibre Technologies:

The fibre optics technology can provide nearly unlimited bandwidth potential. The fibre based models are future proof as they are able to provide huge amounts of bandwidth in the last mile as well as provide a true IP and converged network that can deliver high quality voice, data and video. The spread of the networks of private service providers have to play an important role in bringing the fibre to homes as well as the rural areas and they are expected to focus on it.

(b) Digital Subscriber Lines (DSL) on copper loop:

DSL has proved to be an important technology for provisioning of Broadband services through the copper loop. The owners of copper loop will be given a high priority because their role is critical as key drivers in the Broadband service market using DSL.

(c) Cable TV Network:

Cable TV connection as last mile infrastructure reaches more people than even the telephone copper infrastructure and could be leveraged in providing cable operators a new business model while giving a stimulus to Broadband penetration. Therefore Cable TV network can be used as franchisee network of the service provider for provisioning Broadband services. However, all responsibilities for ensuring compliance of terms & conditions of the licence shall vest with the Licensee.

(d) Satellite Media:

Very Small Aperture Terminals (VSAT) and Direct-to-Home (DTH) services would be encouraged for penetration of Broadband and Internet services with the added advantage to serve remote and inaccessible areas. The Government was to make available transponder capacity for VSAT services at competitive rates. Department of Telecommunications, in consultation with the concerned Ministries will propose measures in the direction of Open Sky Policy for VSAT operators.

NOTE: But despite VSAT’s ability to play a critical role in bridging the digital divide by addressing remote and rural areas, even after 6 years of the Broadband Policy announcement VSAT market remains poised for a high growth.

(e) Terrestrial Wireless:

The government, recognising that terrestrial wireless is another upcoming technology platform for Broadband, announced its intent, in principle to de-licence different spectrum bands for different set of Wi-Fi users. Alternative spectrum bands which could be deployed for Broadband services shall also to be explored and identified.

Quality of Service (QoS):

As per TRAI Act, 1997, TRAI has to prescribe QoS parameters for provisioning of broadband service.

NOTE: According to the TRAI recommendations in 2009, an Internet Service Providers should ensure that for the broadband services only 50 subscribers are accommodated in a single unit of bandwidth. For corporate subscribers, it should be a maximum of 30 users.

Simplification of SACFA / WPC clearance:

The government also announced measures to simplify installation process and to promote use of indigenously developed technologies. A transparent scheme is being announced to be outlined separately for time-bound frequency allocation, siting clearance and wireless licensing by removing the cumbersome procedures, computerization and by setting predetermined standards.

Other Issues:

Bandwidth availability including international bandwidth is a major driver for broadband services. So, the government expected service providers to take appropriate steps for making required bandwidth available even as Government and TRAI would address this issue on priority.

Government also decided to reduce the licence fee for Infrastructure Provider category-II, who provides end to end bandwidth. The bank guarantee for such service provider has been reduced to Rs.5 crores from Rs.100 crores.

Role of other Agencies:

PCs, content and applications are important constituents for overall growth of Internet and Broadband services. Broadband services will accelerate decentralised governance at Panchayat level. The government recognizes the role of other facilitators, namely electricity authorities, Departments of ITs of various State Governments, Departments of Local Self Governments, Panchayats, Department of Health and Family Welfare, Department of Education.

Fiscal Issues:

The Department of Telecommunications shall endeavor to promote indigenous manufacture of Broadband related equipments. It will work with the concerned Ministries and Manufacturers' Associations so that the equipments are available at an affordable price. With affordability only Broadband services can reach the urban and rural consumers. DoT will work out a package in consultation with Ministry of Finance and related Departments as well as concerned service providers to achieve this.

Discuss the Cable TV Network Act 1995.

2010-03-26T20:31:00.002+05:30

When CNN first broadcast the Gulf War into India in 1991, millions of unemployed young people found that stringing wires over trees to cable connect homes was the best way to make money.

It went on till 1995 as the archaic Indian Posts and Telegraph Act defined broadcasting and it was totally unprepared for a signal coming from outside the country. There was nothing to suggest whether what was happening was legal or not. That is when a controversy broke over ESPN's attempt to uplink from India to telecast a cricket match. In the litigation that followed, the Supreme Court ruled that 'The airwaves are not a monopoly of the government'. The result was the Cable Networks Act, regularizing what was technically an illegal business.

The Act:

An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. The act says that no person shall operate a cable television network unless he is registered as a cable operator under this Act. The act also lays down certain guidelines for transmission:

1. Programme code: Any programme which is not in conformity with the prescribed programme code can’t be transmitted.

2. Advertisement code: Any advertisement unless such advertisement is in conformity with the prescribed advertisement code can’t be transmitted.

3. Maintenance of register: Every cable operator is to maintain a register in the prescribed form carrying details of programmes (in brief) transmitted or retransmitted during a month. Such register has to be maintained for a period of one year after the actual transmission or re-transmission of the said programmes.

4. Compulsory transmission of two Doordarshan channels:

           (A) Every cable operator shall retransmit

(i) Channels operated by or on behalf of Parliament in the manner and name as may be specified by the Central Government by notification in the Official Gazette;

(ii) At least two Doordarshan terrestrial Channels and one regional language channel of a State in the Prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies

            (B) The Prasar Bharti may, by notification, specify the number and name of every Doordarshan channel to be retransmitted by cable operators in their cable service and the manner of reception and retransmission of such channels.

5. Use of standard equipment in cable Television network: Any equipment in cable television network can’t be used be unless it conforms to the Indian Standard in accordance with the provisions of the Bureau of Indian Standards Act, 1986.

6. Cable Television network not to interfere with any telecommunication system: - The cable Television network being operated should not interfere, in any way, with the functioning of the authorized telecommunication systems.

The act lays down provisions to seize and confiscate equipments in case of failure to follow the above rules and regulations. The cable operator has right to appeal against any such seizure or confiscation.

Finally the government retains the right to prohibit transmission of certain programmes in public interest if it thinks that the laid provisions are being violated. It also has the power to prohibit operation of cable television network in public interest.

By an amendment bill brought in 2002 the Cable Television Networks (Regulation) Act, 1995 became the Cable Television Networks (Regulation) Amendment Act 2002. By this amendment bill a new section 4A was added and section 9, 11, 16 and 22 were amended. Many amendments have been brought in the bill from time to time. Following were the main changes brought by the 2002 amendment:

(1). Transmission of programmes through addressable systems, etc:

Where the Central Government is satisfied that it is necessary in the public interest to do so, it may make it obligatory to transmit or retransmit programme of any pay channel through an addressable system.

(2) By the same logic it may also specify one or more free to air channels to be included in the package of channels genre wise for providing a programme mix of entertainment, information, and education, and such other programmes.

(3) It may also specify the maximum amount which a cable operator may demand from the subscriber including different maximum amounts for different States, cities, towns or areas as the case may be.

   (4) Every cable operator shall publicize, in the prescribed manner, to the subscribers the subscription rates and the periodic intervals after which such subscriptions are payable for receiving each pay channel provided by such cable operator.

    (5) The cable operator shall not require any subscriber to have a receiver set of a particular type to receive signals of cable television network.

    (6) Every cable operator shall submit a report to the Central Government in the prescribed form and manner containing the information regarding:-

(i) The number of total subscribers:

(ii) Subscription rates:

(iii) Number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of programmes transmitted on pay channel.

The Telecom Regulatory Authority of India (TRAI), the ad hoc broadcasting regulator —has been proposing amendment in the Cable Television Networks (Regulation) Act, and the telecom licensing agreement. This will enable viewers watch, Internet Protocol Television (IPTV), which is television that can be viewed on the computer if one has a broadband connection. Last year TRAI proposed a tariff for cable TV and DTH (direct to home) subscribers.

As of now there are 60,000 cable operators, 6,000 multi-system operators, 173 channels and seven DTH operators. There has been a growing chorus that the highly fractionalized cable TV distribution market in particular and the broadcasting industry, in general, needs a dedicated regulation regime, not only to quickly form regulations and settle disputes but also to save interest of the viewers.

What is more important: in media Self-regulation or government regulation?

2010-03-24T22:27:00.002+05:30

The uproar over media coverage of the terrorist attacks in Mumbai in November 2008 was only one in a series of media-related controversies that have surfaced with remarkable regularity through the past couple of years, with much of the criticism directed at the broadcast media in general and television news channels in particular.

Prior to Mumbai it was the media coverage of the double murder of 14-year-old Aarushi Talwar and her family’s domestic help, Hemraj, in May 2008 which drew flak, not only from media critics, but also sections of the public and even the judiciary. The Supreme Court of India went so far as to declare that it would lay down norms for media coverage of ongoing criminal investigations.

The August 2007 instance of a fake sting operation telecast by a private television channel falsely implicating Uma Khurana, a Delhi school teacher, in a sex work racket – which even led to mob violence – generated widespread outrage against media malpractices and seriously eroded the credibility of the media. The High Court of Delhi even proposed prior permission from a government-appointed committee for broadcast of programmes involving “stings.”

The fact that television news has been the focus of much of the recent debate on media regulation in India is perhaps only natural in view of the nature and impact of television as a medium. However, there may be more to it than that.

The proliferation of channels has led to intense competition, which is widely believed to be the root cause of the malady of which periodic controversies are just a symptom. It is estimated that at least 77 24-hour news channels in multiple languages are currently in operation across the country and that a further 130 licences have been approved.

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The government’s first attempt to regulate the non-governmental broadcast media focused on cable operators and resulted in the Cable Television Networks (Regulation) Act, 1995. The new law was an attempt to regulate the burgeoning cable market that enabled mass distribution of television signals. The Cable Television Networks Rules include a Programme Code that imposes some restrictions on the content of both programmes and advertisements shown on cable TV. These Rules were amended in March 2008.

Cable operators contend that they bear a disproportionate burden of responsibility for controlling the content of television channels. At the same time, with networks spread across the country, implementation of the law in any case is no joke.

The comprehensive national media policy that has been discussed over the years is still hanging fire, as is the independent broadcasting authority called for by the Supreme Court in 1995 in the context of its landmark judgment on the airwaves.

The Broadcast Bill of 1997 observed that its purpose was “to establish an autonomous Broadcasting Authority for the purposes of facilitating and regulating broadcasting services in India so that they become competitive in terms of quality of services, cost of services and use of new technologies”. The proposed legislation apparently intended to establish an independent authority and to create a level playing field for indigenous broadcasters. However, the Bill never saw the light of day.

The government’s next attempt at regulation took the form of the Communications Convergence Bill, 2000, which aimed to create a single regulatory authority (the Communications Commission of India) to deal with advancements in information and communications technology. This legislation, too, remained a dead letter.

The Broadcasting Services Regulation Bill, 2006, which came to public notice in July of that year, was widely criticised for draconian provisions that gave sweeping powers to the government and its representatives to cripple the media through pre-censorship and a particularly severe and potent form of ‘inspector raj’.

In July 2007 there was yet another effort to introduce legislation to regulate the burgeoning broadcast sector in the country. The Union Ministry for Information and Broadcasting posted the Broadcasting Services Regulation Bill, 2007 aka Self-Regulation Guidelines for the Broadcasting Sector on its website and announced a two-week deadline for responses to the draft documents.

The broadcast industry was quick to voice its vehement opposition to certain provisions in the Bill and several sections of the Code, particularly those referring to news television. The ministry repeatedly reiterated its intention to table the proposed law in Parliament during the imminent monsoon session. The controversy raged on for a few weeks, generating substantial media coverage. A truce was finally called, with the two organisations representing television channels, the Indian Broadcasting Foundation and the News Broadcasters Association undertaking to draft their own guidelines for self-regulation, and the ministry agreeing to postpone further action on the legislation until then.

Meanwhile, the News Broadcasters’ Association (NBA) submitted two documents to the government in April 2008: a draft Code of Ethics and Broadcasting Standards, and draft regulations for the setting up of a News Broadcasting Standards Disputes Redressal Authority. In August 2008 the NBA announced the setting up of the News Broadcasting Standards Disputes Redressal Authority, as required in the regulations. The Authority finally came into being and the Code into effect on October 2, 2008. The nine-member Authority, headed by former Chief Justice of India J S Verma, includes four editors from different news channels and four ‘eminent persons’ drawn from different walks.

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The push for regulation by the state has been opposed on the grounds that media independence is an integral part of the democratic framework and it can’t be regulated by those outside the industry, especially the government. The argument based on the freedom of expression ignores the landmark Supreme Court judgment of 1995, which said: “The right of free speech guaranteed by Article 19 (1) (a) does not include the right to use air waves, which are public property.”

Since then, almost every court across the country has passed numerous judgements putting pressure on the government to bring in content guidelines and/or set up independent regulatory bodies to look into these issues.

The broadcasters say that groups such as Newspaper Broadcasters Association (NBA) have been able to exercise self-restraint and that the quality of content and news coverage has improved over the past one year. But NBA represent roughly less than one-tenth of all broadcasters in the country. What about smaller, local and regional news channels? What about other genres of broadcasters, who also violate codes and push the envelope to cut through the clutter?

NBA’s argument is that the very attempt to put in place statutory norms will stifle attempts at self-regulation. The idea of a regulator to be set up by an act of Parliament has not been welcomed and media organizations have sought more time be given for NBA self-regulatory authority to evolve.

While bodies such as NBA can come up with codes, will they be able to exert pressure on members (who compete with each other) to comply? Can a self-regulating mechanism ensure compliance by members and enforce sanctions and penalties in the case of non-compliance?

NBA’s second annual report (2008-09) reports that its self-regulatory body considered 20 complaints against members for violations of the code of ethics. In two cases, the authority sent a show-cause notice to the broadcasters. Earlier, one of the penalties had resulted in India TV walking out and later rejoining NBA with permanent membership of the board.

Even though news broadcasters have set up the regulatory mechanism, it doesn’t take away the relevance or urgency of any of the three main contentions before the nation.

The first is the Broadcast Bill—the overarching regulation that looks into contentious issues such as cross-media regulation, foreign investment and public service obligations, besides the setting up of statutory bodies like an independent media commission to address the various issues thrown up by an ever-evolving industry. There have thus far been three variations of the Bill that have sought to be unsuccessfully introduced in Parliament since 1997.

Secondly, the regulatory setup or independent commission always got wrapped up with the Bill and has never been discussed extensively as a separate entity. Currently, the ministry of information and broadcasting looks at all licensing, policy and content issues while the Telecom Regulatory Authority of India oversees tariff issues. There are enough examples of such independent bodies both in India (such as the Election Commission) and outside (such as British media regulator Ofcom), but this has remained buried in the still-elusive Bill.

The third critical issue is a content code. Based on self-regulatory principles, an inter-sectoral committee set up by the ministry did frame draft guidelines, but these did not go down too well with the broadcasters, especially news channels.

All these critical issues are inter-related, but each has a clearly defined role and relevance in our media landscape. Self-regulation by the broadcasters and peer bodies such as NBA will always be required and will play an important role, but it won’t be sufficient to address the interests of all stakeholders in this chaotic media ecosystem.

International Humanitarian Laws and Conflict Reporting

2010-03-23T21:56:00.002+05:30

How do we keep ourselves not on the side of activist, not on the side of the relief workers, not on the side of the parties who are fighting the war or the state we ourselves come from? The professional and the personal comes under serious scanner by various stakeholders when we go on reporting war. Nor is it an easy task to be accomplished on an individual level as a sensitive human being especially as the Press plays an increasingly important role in such conflicts.

The news media have long been players in the drama of war. The Spanish–American War of 1898 was provoked in part by a jingoistic press in the United States. Seventy years later, the lack of public support for the U.S. effort in Vietnam was blamed in part on correspondents who looked skeptically at Pentagon war claims. But rarely has the work of war correspondents come under the kind of scrutiny it does today. It is no longer enough for journalists not to aggravate conflicts; now we should help end them . . . or so argue the "conflict resolution" experts.

Advances in information technology have made it possible for journalists to report instantaneously from remote locations. In 1984, television pictures shaped the international response to the war and famine in Ethiopia. During the Haiti intervention that year, the U.S. Atlantic Command "Operation Room" was dominated not by maps and charts, but by four television sets. Officers tracking and coordinating military operations wanted to monitor in real time all broadcasts concerning the intervention, so they could react accordingly.

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The diplomats, military officers, policymakers, and aid workers who examine the performance of the news media are increasingly critical in their assessment. Humanitarian aid agencies, finding their own activities increasingly affected by news coverage, complain that we in we the media focus too much on tragedy and misery, that sensationalize the news, and that we oversimplify complicated stories. People working on programs and strategies to prevent or resolve conflicts recommend that we think more about the impact our reporting may have on a conflict's development. Human rights monitoring organizations insist that we be aggressive in uncovering atrocities and injustice.

Advocates of a free press are wary of calls for journalists to steer their reporting deliberately toward some broader social good. Journalists cannot always anticipate the consequences a story may have—and those consequences should not be our chief concern. Our obligation is to report the news as we see it, not as diplomats or government leaders or aid workers would prefer to have it reported. Our guiding principle should be to tell the truth, without trying first to identify what news is helpful or harmful.

A journalist’s responsibility is to understand the interaction between all the parties in a conflict or crisis situation, the news media included. While this is not a time for journalists to re-imagine their profession, one does need to be more diligent in reporting, more sophisticated in description of world events, more thoughtful in analysis, and more clear about the role journalists play. In short, journalists need to be more professional.

Quite complex!

War in many cases now a day is provoked by local demagogues who, in a time of rising social and economic discontent, see benefits to be gained by turning people against their neighbors. State disintegration is an increasingly common phenomenon. Old ethnic rivalries are rekindled, even when linguistic and cultural differences between groups are slight. Much of the fighting takes place between and among civilians, and it is especially brutal. Rules of war and international humanitarian conventions are often ignored.

The conflicts create enormous problems for neighboring states; the outside world is not sure whether, when, or how to intervene. In case of warring parties, to mobilize his people, a leader must portray a conflict as a fight for collective survival, and this means getting people to identify with an exclusive group, defined perhaps by religion or ethnicity.

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The media presentation of the conflicts at the international level becomes just as important, because it influences the response of the external players. Governments and international agencies increasingly rely to a greater extent on the information provided by international news agencies. At times press reports may be the only information available to the outside world. The more unfamiliar the locale, the more important the media's role may be.

Policy decisions may well be influenced by the pattern of news coverage that the crisis receives. Pictures of starving children shamed the Bush administration into sending American forces to Mogadishu to help distribute food aid. Months later, pictures of a dead U.S. Army Ranger being dragged down a Mogadishu street prompted the Clinton administration to bring the troops back home.

Former US Secretary of State Madeleine Albright once argued that television's influence is so profound that CNN could be seen as "the sixteenth member" of the UN Security Council. This "CNN effect" on policy-making, of course, can be overstated but news reports are most likely to prompt a government response when no one knows what is happening on the ground, except the journalist!

Whose Truth?

To the extent that news reports do influence public attitudes, the effect can be subtle. The negative reporting when television images of human tragedy add to the viewer's frustration and cynicism about the ability of his or her government to do anything about the world's seemingly unsolvable and ever present problems. If government officials are more likely to be influenced by news coverage when they are uncertain what to do about an overseas crisis, the same is probably true for the general public. Local leaders even manipulate news coverage to suit their ends.

Responsible news coverage in crisis or conflict situations requires that the competing agendas of all the interested parties be kept constantly in mind. If news coverage is unduly influenced by any of the interested parties, portrayals of the conflict will be distorted and could lead to misguided policies and avoidable tragedies.

The competing agendas mean that all the involved parties are regularly in conflict. A complete story of the war, for example, has to include an explanation of the antagonism. It is only in the context of that troubled relationship that pronouncements by either side can be fully understood.

Impartiality:

The media must not get drawn into these conflicts and it should not be inclined toward. Every stakeholder has a propaganda machine and while reporting one should not become part of that machine. Mischievous distortion of reality can only undermine the work of those who are pursuing the path towards peace. At times the news media and the one of the stakeholders can have conflicting responsibilities. Journalists, with no aid to deliver or roads to keep open, better will have a more abstract notion of impartiality, based on facts and principles. For us, reporting impartially should be telling the truth, without regard for who was most affected by our reporting or who would be most angered by it.

Disinterested Reporting:

As professional journalists one should be able to report developments in Bosnia more objectively and accurately than military officers because a journalist is trained to do so and because they not have competing responsibilities. They do not have to deliver aid across front lines, and no "discussions" to maintain. They need not worry whether their reports might "complicate" their relations with the opposing sides.

For the sake of accuracy and fairness, journalists might need to challenge any interpretation of events there that reflected the agenda of an interested party rather than the reality on the ground. They need not to worry about the consequences of readers or listeners underestimating or overestimating the war. Our concern was to report truthfully.

As a world citizen and as a concerned human being it is natural for a journalist to have some concerns but it is not for him to play favour to such or any other concerns and do reporting in a half-hearted manner or to suspend it or not to do it. In an ideal world, journalists would adopt the same disciplined perspective in their work.

Moral Responsibility:

The question of what constitutes moral and responsible war reporting is especially complicated when we are dealing with atrocities and preventable human suffering. Whether professional ethics require that we care about the people we cover or remain indifferent to their plight? The arguments can be many.

A journalist should have faith that good journalism intrinsically serves the public interest. But we need to think more carefully about the responsibilities we have, individually and professionally, when we find ourselves in a place where crimes of war are occurring and where our actions as journalists and as people may change the course of events.

Most journalists want their reporting to make a difference in the world. A journalist who witnesses the commission of a crime is not absolved of the responsibility to report the crime to the proper legal authorities.

Roy Gutman, who won a Pulitzer Prize for revealing the existence of Serb-run concentration camps in Bosnia, hoped his stories would save lives. "You've got to do everything in your power to stop these things," Gutman said, "and exposing it is one of the best ways to do it." Gutman is careful, however, to limit the journalist's role: "Our job is to supply the facts so other people can make the judgments. The worst thing is to step across the line and recommend what should be done."

Some media analysts argue that journalists should maintain total moral detachment. If reporters are now to adopt a moral attitude toward their stories, then the public is almost certain to be shortchanged.

“You never did it for money, because you knew it was the poorest paying job in the world. . ... . . you can try to work for what is presumed to be good, if nothing else, by bringing accurate information to people", a journalist should always remember this.

Reporters can demonstrate moral and social responsibility without becoming proactively involved in their own stories. Finally journalists do not need to "re-imagine" their overseas work in order to contribute more to the prevention or resolution of conflicts around the world. We simply need to do our job better, by the traditional standards of our profession.

DTH guidelines

2010-03-22T02:50:00.005+05:30

Guidelines for obtaining license for providing Direct-to-Home (DTH) broadcasting services in India:

DTH Broadcasting Service refers to distribution of multi-channel TV programmes in Ku Band by using a satellite system by providing TV signals direct to subscribers’ premises without passing through an intermediary such as cable operator.

Eligibility Criteria:

 Applicant Company to be an Indian Company registered under Indian Company’s Act, 1956.

 Total foreign equity holding including FDI/NRI/OCB/FII in the applicant company can not to exceed 49%.

 Within the foreign equity, the FDI component can not to exceed 20%.

 The applicant company must have Indian Management Control with majority representatives on the board. The Chief Executive of the company should be a resident Indian.

 Broadcasting companies and/or cable network companies shall not be eligible to collectively own more than 20% of the total equity of Applicant Company at any time during the license period. Similarly, the Applicant Company not to have more than 20% equity shares in a broadcasting and/or cable network company.

Number of Licensees:

There is no restrictions on the total number of DTH licenses and any person who fulfils the necessary terms and conditions and subject to the security and technical clearances by the appropriate authorities of the Govt. can be issued a DTH license.

Period of license:

License validity is for a period of 10 years from the date of issue of wireless operational license. The license can be cancelled/suspended by the Licensor at any time in the interest of Union of India.

Basic conditions/obligations:

 After clearances are obtained, the applicant needs to pay an initial non-refundable entry-fee of Rs.10 crores to the MIB. After such payment of entry-fee, the applicant would be informed of intent of Min. of I & B to issue license and requested to approach Wireless planning and Coordination (WPC) Wing for Standing Advisory Committee on (Radio) Frequency Allocation (SACFA) clearance. WPC and SACFA– both are wings of the Dept. of Telecommunications.

 Within one month of the SACFA clearance, the Licensee will have to submit a Bank guarantee (Form-C) from any Scheduled Bank to the MIB for an amount of Rs.40 crores valid for the duration of the license.

 The Licensee has to pay an annual fee equivalent to 10% of its gross revenue as reflected in the audited accounts of the Company for that particular financial year, within one month of the end of that financial year.

 The Licensee also has to pay the license fee and royalty for the spectrum used as prescribed by WPC Authority.

Arbitration Clause:

Incase of any dispute, the Secretary, Department of Legal Affairs, Government of India or his nominee will act as sole Arbitrator, for adjudication. The award of the Arbitrator is binding on the parties.

Uplinking Guidelines

2010-03-22T02:47:00.002+05:30

Setting up of Uplinking hub/ teleport

 A company seeking permission to set up an uplinking hub/teleport or uplink a TV channel or uplink facility by a News Agency should be a company registered in India under the Companies Act, 1956.
 The foreign equity holding including NRI/OCB/PIO should not exceed 49%
 The company should meet prescribed minimum Net Worth criteria:

Item Required Net Worth
Teleport for single channel capacity Rs. 1.00 Crore
Teleport for 6 channel capacity Rs. 1.50 Crore
Teleport for 10 channel capacity Rs. 2.50 Crore
Teleport for 15 channel capacity Rs. 3.00 Crore

Period of Permission and Fee:
Permission is granted for a period of 10 years. The applicant has to pay an amount of Rs. Ten thousands as processing fee and after being held eligible a permission fee @ of Rs. Five Lakhs per teleport.

Uplinking of non-news and current affairs channel
The applicant company, irrespective of its ownership, equity structure or management control, would be eligible to seek permission if it meets the above criteria.

Special Conditions/ Obligations:
The sports channels/sports rights management companies having TV broadcasting rights will have to share their feed with Prasar Bharati for national and international sporting events of national importance, held in India or aboard, for terrestrial transmission and DTH broadcasting (free-to-air). The event will be determined by the MIB in consultation with Ministry of Sports & Youth Affairs, Prasar Bharati and the concerned sports channels/sports rights management companies.

Uplinking of news and current affairs channel
 Foreign Equity holding including FDI/FII/NRI investments should not exceed 26% of the Paid Up equity of the applicant company. The criteria regarding minimum Net Worth and fee as per number of channels remain same.
 The equity held by the largest Indian shareholder should be at least 51% of the total equity, excluding the equity held by Public Sector Banks and Public Financial Institutions as defined in Section 4A of the Companies Act, 1956.
 At least 3/4th of the Directors on the Board of Directors of the company and all key Executives and Editorial staff shall be resident Indians.

Salient features of the Contempt of Courts Act 1971

2010-03-22T02:46:00.000+05:30

Words spoken or written which obstruct or tend to obstruct the administration of justice can be contempt. Article 129 and 215 give the power of contempt of court to higher judiciary. Somehow it might appear that it limits the freedom granted by article 19(1) (a). But the whole idea behind continuing with this colonial act is that people do have the right to criticize judges but they should not go to the extent of making the functioning of judiciary difficult.

The Act and its features:

The “contempt of court” can be either civil contempt or criminal contempt;
(a) Civil contempt: wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court
(b) Criminal contempt: publication (whether by words. spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-
(i) Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court
(ii) Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner

Innocent publication and distribution of matter not contempt:

(1) A person shall not be guilty of contempt of court

-on the ground that he has published (whether by words spoken or written or by signs or by visible representations or otherwise) any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at the time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending at that time of publishing he had no reasonable grounds for believing that the proceeding was pending.

-in connection with any civil or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court.

-he has distributed a publication containing any objectionable matter and at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter: Provided that this sub-section shall not apply in respect of the distribution of:
(i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the Press and Registration of Books Act, 1867 ;(25 of 1867)
(ii) Any publication which is a newspaper published otherwise than in conformity with the rules contained in section 5 of the said Act. It includes a pending judicial proceeding, when the charge-sheet or challan is filed, or when the court issues summons or warrant. The limitations apply until it is heard and finally decided.

Fair and accurate report of judicial proceeding not contempt
A person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof.

Fair criticism of judicial act not contempt:
A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.

Complaint against presiding officers of subordinate courts when not contempt:
A person shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer of any subordinate court to- (a) any other subordinate court, or (b) the High Court, to which it is subordinate.

Publication of information relating to proceedings in chambers or in camera not contempt except in certain cases:
(1) A person shall not be guilty of contempt of court for publishing a fair and a accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say,-
(a) Where the publication is contrary to the provisions of any enactment for the time being in force;
(b) Where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published;
(c) Where the court sits in chambers or in camera for reasons connected with public order or the security of the State, the publication of information relating to those proceedings;
(d) Where the information relates to a secret process, discovery or invention which is an issue in the proceedings.

(2) A person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.

Power of High Court to punish contempt of subordinate courts:

Every High Court shall have and exercise the same jurisdiction, powers and authority in respect of contempt of courts subordinate to it as it has in respect of contempt of itself: Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).

Power of High Court to try offences committed or offenders found outside jurisdiction:
A High Court shall have jurisdiction to inquire into or try contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.

Punishment for contempt of court:

(1) A contempt of court may be punished with simple imprisonment for up to six months, or with fine up to two thousand rupees, or with both. The accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. The court, if it feels that the ends of justice will not be met without imprisonment may direct that he be detained in a civil prison.

(2) In case of contempt committed by a company, if it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such an officer officer shall also be deemed to be guilty of the contempt and such a person may also be punished.

Contempt not punishable in certain cases:

The court is not supposed to impose a sentence under this unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice.

Procedure where contempt is in the face of the Supreme Court or a High Court:

- When the court is of the opinion that a person has committed contempt in its presence or hearing, the Court may cause such person to be detained in custody.
- As early as possible thereafter the guilty shall be informed in writing of the contempt with which he is charged with an opportunity to make his defence to the charge.
- After the hearing the court may proceedto determine the matter of the charge; and make such order for the punishment or discharge, as may be just.
- Pending the determination of the charge, the Court may direct that the person be detained in such custody as it may specify: Provided that he shall be released on bail, if a bond for such sum of money as the Court thinks sufficient is executed with or without sureties.

Cognizance of criminal contempt in other cases:

(1) In the case of a criminal contempt the Supreme Court or the High Court may take action on its own motion or on a motion made by (a) the Advocate-General, or (b) any other person, with the consent in writing of the Advocate General or Law Officer (in case of some Union Territory).

(2) The High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or Law.

Contempt by judge, magistrate or other person acting judicially:

(1) A judge, magistrate or other person acting judicially is also liable for contempt of his own court or of any other court in the same manner as any other individual and the provisions of this Act shall applies to them as well accordingly.

(2) Although this doesn’t apply to any observations or remarks made regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.

Limitation for actions for contempt:

A court can initiate contempt proceedings only within a period of one year from the date on which the contempt is alleged to have been committed.

Act not to apply to Nyaya Panchyats or other village courts:

This Act does not apply to contempt of Nyaya Panchayats or other village courts.

Power of Supreme Court and High Courts to make rules:

The Supreme Court or any High Court may make rules, not inconsistent with the provisions of this Act, providing for any matter relating to its procedure.

Looking at the act from the present context:

In the Contempt of Courts Act 1952, there was no definition of ‘contempt’. When the definition was introduced by the Contempt of Courts Act 1971 (vide section 2), there was no definition of what constitutes scandalizing the court, or what prejudices or interferes with the course of justice. What was regarded as scandalous, or prejudice or interfering earlier may not be regarded as scandalous today.
To quote Supreme Court judge Markandeya Katju, ‘In a democracy, the object of this act is not to protect the dignity of courts but to protect the administration of justice.
The Contempt of Courts Amendment Act, 2006, has introduced a new section 13(b) that states: “The court may permit, in any proceedings for contempt of court, justification by truth as a valid defece if it is satisfied that it is in public interest and request for said defence is bona fide.” The amendment is the right culmination of the Contempt of Courts Act 1971.

On Cable TV Network Act 1995

2010-03-22T02:44:00.000+05:30

When CNN first broadcast the Gulf War into India in 1991, millions of unemployed young people found that stringing wires over trees to cable connect homes was the best way to make money.
It went on till 1995 as the archaic Indian Posts and Telegraph Act defined broadcasting and it was totally unprepared for a signal coming from outside the country. There was nothing to suggest whether what was happening was legal or not. That is when a controversy broke over ESPN's attempt to uplink from India to telecast a cricket match. In the litigation that followed, the Supreme Court ruled that 'The airwaves are not a monopoly of the government'. The result was the Cable Networks Act, regularizing what was technically an illegal business.

The Act:
An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto. The act says that no person shall operate a cable television network unless he is registered as a cable operator under this Act. The act also lays down certain guidelines for transmission:

1. Programme code: Any programme which is not in conformity with the prescribed programme code can’t be transmitted.

2. Advertisement code: Any advertisement unless such advertisement is in conformity with the prescribed advertisement code can’t be transmitted.

3. Maintenance of register: Every cable operator is to maintain a register in the prescribed form carrying details of programmes (in brief) transmitted or retransmitted during a month. Such register has to be maintained for a period of one year after the actual transmission or re-transmission of the said programmes.

4. Compulsory transmission of two Doordarshan channels:
(A) Every cable operator shall retransmit
(i) Channels operated by or on behalf of Parliament in the manner and name as may be specified by the CentralGovernment by notification in the Official Gazette;
(ii) At least two Doordarshan terrestrial Channels and one regional language channel of a State in the Prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies
(B) The Prasar Bharti may, by notification, specify the number and name of every Doordarshan channel to be retransmitted by cable operators in their cable service and the manner of reception and retransmission of such channels.

5. Use of standard equipment in cable Television network: Any equipment in cable television network can’t be used be unless it conforms to the Indian Standard in accordance with the provisions of the Bureau of Indian Standards Act, 1986.

6. Cable Television network not to interfere with any telecommunication system: - The cable Television network being operated should not interfere, in any way, with the functioning of the authorized telecommunication systems.

The act lays down provisions to seize and confiscate equipments in case of failure to follow the above rules and regulations. The cable operator has right to appeal against any such seizure or confiscation.
Finally the government retains the right to prohibit transmission of certain programmes in public interest if it thinks that the laid provisions are being violated. It also has the power to prohibit operation of cable television network in public interest.

By an amendment bill brought in 2002 the Cable Television Networks (Regulation) Act, 1995 became the Cable Television Networks (Regulation) Amendment Act 2002. By this amendment bill a new section 4A was added and section 9, 11, 16 and 22 were amended. Many amendments have been brought in the bill from time to time. Following were the main changes brought by the 2002 amendment:

(1). Transmission of programmes through addressable systems, etc:
Where the Central Government is satisfied that it is necessary in the public interest to do so, it may make it obligatory to transmit or retransmit programme of any pay channel through an addressable system.
(2) By the same logic it may also specify one or more free to air channels to be included in the package of channels genre wise for providing a programme mix of entertainment, information, and education, and such other programmes.
(3) It may also specify the maximum amount which a cable operator may demand from the subscriber including different maximum amounts for different States, cities, towns or areas as the case may be.
(4) Every cable operator shall publicize, in the prescribed manner, to the subscribers the subscription rates and the periodic intervals after which such subscriptions are payable for receiving each pay channel provided by such cable operator.
(5) The cable operator shall not require any subscriber to have a receiver set of a particular type to receive signals of cable television network.
(6) Every cable operator shall submit a report to the Central Government in the prescribed form and manner containing the information regarding:-
(i) The number of total subscribers:
(ii) Subscription rates:
(iii) Number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of programmes transmitted on pay channel.

The Telecom Regulatory Authority of India (TRAI), the ad hoc broadcasting regulator —has been proposing amendment in the Cable Television Networks (Regulation) Act, and the telecom licensing agreement. This will enable viewers watch, Internet Protocol Television (IPTV), which is television that can be viewed on the computer if one has a broadband connection. Last year TRAI proposed a tariff for cable TV and DTH (direct to home) subscribers.

As of now there are 60,000 cable operators, 6,000 multi-system operators, 173 channels and seven DTH operators. There has been a growing chorus that the highly fractionalized cable TV distribution market in particular and the broadcasting industry, in general, needs a dedicated regulation regime, not only to quickly form regulations and settle disputes but also to save interest of the viewers.