Media laws and ethics

UNIT 1
CONSTITUTION OF INDIA
The Constitution of India is the supreme law of India. The Document lays
down the framework:
Fundamental political code, Structure, Procedures, Powers, and Duties of
Government Institutions and Sets out Fundamental Rights, Directive
Principles, and the Duties of Citizens.
It is the longest written constitution of any country on earth. B. R. Ambedkar,
chairman of the drafting committee, is widely considered to be its chief
architect.
It was adopted by the Constituent Assembly of India on 26 November 1949
and became effective on 26 January 1950. The constitution replaced
the Government of India Act 1935 as the country's fundamental governing
document
India celebrates its constitution on 26 January as Republic Day.
The constitution declares India a sovereign, socialist, secular,
democratic republic, assuring its citizens justice, equality and liberty, and
endeavours to promote fraternity.
The words "secular" and "socialist" were added to the preamble in 1976
during the Emergency.
The original 1950 constitution is preserved in a helium-filled case at
the Parliament House in New Delhi.
1.1 SALIENT FEATURES
Constitution of India is unique in itself. Many features of the Indian
Constitution are from various sources among the world also criticised as
‘borrowed constitution’. Actually, many features borrowed were not
accepted as it is, those provisions were modified according to our Indian
need. The main features of Indian Constitution are:

1. A written and lengthy constitution:
The constitution of India is a written constitution with 395 Articles and 12
Schedules and it is the lengthiest constitution in the world.
2. Sovereign, Socialist, Secular, Democratic, Republic:
The constitution declares India to be a sovereign, socialist secular,
democratic, republic.
Sovereign:
Sovereign means absolutely independent. It is not under the control of any
other state and it can frame its policy without any outside interference.
Socialist:
This implies a system which will endeavour to avoid concentration of wealth
in a few hands and will assure its equitable distribution and believes in
economic justice to all its citizens.
Secular:
There is no state religion in India. Every citizen is free to follow and practice
the religion of his/her own choice. The state canoot discriminate among its
citizens on the basis of religion.
Democratic:
Means the power of the government is vested in the hands of the people.
People exercise this power through their elected representatives who, in
turn are responsible to them. All the citizens enjoy equal political rights.
Republic:
Means that the head of the state is not a hereditary monarch but a president
who is indirectly elected by the people for a definite period.
3. Federal Government:
The Indian Constitution provides for a federal form of government, with two
governments at the central level and the state level. The powers of the
government are divided between the central government and state
governments with three different lists of subjects:

Union List: The Union list contains 97 subjects of national importance like
Defence, Foreign Affairs, Currency, Post, Railways etc, where only
Parliament can make laws.
State List: State list contains 66 subjects of local importance include
agriculture, police, jails and etc., where state legislature makes laws.
Concurrent List: Concurrent list contains 7 subjects common concern to
both the central and state governments includes marriage, divorce, social
security and etc., where both parliament and state legislatures can make law.
If there is a conflict between a central law and the state law over a subject
given in the concurrent list, the central law will be final.
4. Parliamentary Government:
Indian Constitution provides for a parliamentary form of government.
President is nominal head of the state. In actual practice, the government is
run by the Prime minister and other members of the Council of Minister. The
Council of Ministers is collectively responsible to the parliament.
5. Fundamental Rights and Duties:
The constitution of India guarantees six fundamental rights to every citizen.
These are:
i) Right to Equality
ii) Right to Freedom
ii) Right against Exploitation.
iv) Right to Freedom of Religion
v) Cultural and Educational Rights.
vi) Right to Constitutional Remedies
By the 42nd Amendment of the constitution, ten fundamental duties of
citizens have also been added.
6. Directive Principles of State Policy:

The Directive Principles of State Policy are listed in Part Four of the
Constitution. All the governments the central state and local are expected to
frame their policies in accordance with these principles. The aim of these
principles is to establish a welfare state in Indian.
7. Partly rigid and partly flexible:
The Indian Constitution is partly rigid and partly flexible, because for the
purpose of amendment, the constitution has been divided into three parts.
a) Certain provisions of the constitution can be amended by a simple
majority in the parliament.
b) Certain provisions can be amended by a two-third majority of the
parliament and its ratification by at least fifty percent sales
c) The remaining provisions can be amended by the Parliament by two-third
majority.
8. Single Citizenship:
The constitution of India provides single citizenship for every Indian,
irrespective of his place of birth or residence, is a citizen of India.
9. Universe Adult Franchise:
Means that every citizen who is 18 years of age or more is entitled to cast
his/her vote irrespective of his caste, creed, sex, religion or place of birth.
10. Language policy:
India is a country where different languages are spoken in various parts of
the country and Hindi and English have been made official languages of the
central government. A state can adopt the language spoken by its people in
that state also as its official language. At present, we have 22 languages
which have been recognized by the Indian Constitution.
11. Special provisions for Scheduled Castes and Scheduled Tribes:
The constitution provides certain special concessions and privileges to the
members of these castes. Seats have been reserved for them in Parliament,
State Legislature and Local bodies, all government services and in all
professional colleges.

12. Independent Judiciary:
In Indian Constitution, the judiciary has been made independent of the
Executive as well as the Legislature, the judges give impartial justice.
13. Emergency Provisions:
The Constitution contains certain emergency provisions that there could be
certain dangerous situations when government could not be run as in
ordinary time. Hence, during emergency the fundamental right of the
citizens can be suspended and the government becomes a unitary one.
1.2 Preamble:
We the people of India having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure
all its citizens:
JUSTICE - social, economic and political
LIBERTY of thought, expression, belief, faith and worship
EQUALITY of status and opportunity
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the nation
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do hereby ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
1.3 FUNDAMENTAL RIGHTS:
The Fundamental Rights in Indian Constitution acts as a guarantee that all
Indian citizens can and will live their life in peace as long as they live in
Indian democracy. The Fundamental right in India are:

1. Right to Equality:
Article 14: Equality before law and equal protection of law.
Article 15: Prohibition of discrimination on grounds only of religion, race,
caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 17: End of Untouchability
Article 18: Abolition of titles, Military and academic distinctions are,
however exempted.
2. Right to Freedom:
Article 19: It guarantees the citizens of India the following six fundamental
freedoms: -
• Freedom of Speech and Expression
• Freedom of Assembly
• Freedom to form Associations
• Freedom of Movement
• Freedom of Residence and Settlement
• Freedom of Profession, Occupation, Trade and Business
Article 20: Protection in respect of conviction for offences.
Article 21: Protection of Life and Personal Liberty
Article 22: Protection against arrest and detention in certain cases.
3. Right against Exploitation
Article 23: Traffic in human beings prohibited
Article 24: No child below the age of 14 can be employed.
4. Right to Freedom of Religion
Article 25: Freedom of conscience and free profession, practice and
propagation of religion.
Article 26: Freedom to manage religious affairs

Article 27: Prohibits taxes on religious grounds
Article 28: Freedom as to attendance at religious ceremonies in certain
educational institutions
5. Cultural and Educational Rights:
Article 29: Protection of Interests of minorities
Article 30: Right to minorities to establish and administer educational
institutions.
Article 31: Omitted by the 44th Amendment Act
6. Right to Constitutional Remedies:
Article 32: The right to move the Supreme Court in case of their violation
(called Soul and Heart of the Constitution by Dr B R Ambedkar)
Forms of Writ Check
Habeas Corpus: Equality before law and equal protection of law.
Originally, the right to property was also included in the Fundamental
Rights, however the 44th Amendment passed in 1978, revised the status of
property rights by stating that “No person shall be deprived of his property
save by authority of law.
1.4 Fundamental Duties:
Originally, the Constitution of India did not contain these duties. The 42nd
Constitution Amendment Act, 1976 has incorporated ten Fundamental
Duties in Article 51(A) of the constitution of India. The 86th Constitution
Amendment Act, 2002 has added one more Fundamental Duty in Article
51(A) of the constitution of India. As a result, there are now 11 Fundamental
Duties of the citizen of India. The 11 Fundamental Duties of every citizen of
India are:

1. To stand by the Constitution and respect the National Flag and the
National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle
for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India
4. To defend the country and render national service when called upon to do
so
5. To promote harmony and the spirit of common brotherhood amongst all
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes,
rivers and wild life and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and
reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective
activity, so that the nation constantly rises to higher levels of Endeavour and
achievement.
11. To provide opportunities for education by the parent/the guardian, to
his/her child, or a ward between the ages of 6-14 years as the case may be.
The above duties tell that they are applicable only to Indian citizens. It is
expected that a citizen of India while enjoying the fundamental rights, should
also perform these duties. Although there is no provision in the constitution
for direct enforcement of any of these duties, these duties are guided by the
courts.

1.5 Freedom of Speech and Expression, its Limitations:
The right to freedom of expression is crucial in a democracy, information and
ideas helps to inform political debate and are essential to public
accountability and transparency in government.
Article 19 gives everyone the right to freedom of expression, which includes
the freedom to hold opinions and to receive and impart information and
ideas without state interference.
This includes the right to communicate and to express oneself in any
medium, including through words, pictures, images and actions (including
public protest and demonstrations).
The types of expression protected includes:
• Political expression (including comment on matters of general public
interest)
• Artistic expression
• Commercial expression, particularly when it also raises matters of
legitimate public debate and concern.
Limitations:
Article 19 is a qualified right and as such the right to freedom of expression
may be limited.
• Is prescribed by law
• Is necessary and proportionate and pursues a legitimate aim, namely
the interests of national security, territorial integrity or public safety
• The prevention of disorder or crime
• The protection of health or morals
• The protection of the reputation or rights of others
• Preventing the disclosure of information received in confidence or
• Maintaining the authority and impartiality of the judiciary

1.6 Directive Principles of State Policy:
The Constitution lays down certain Directive Principles of State Policy which
thought not justiciable, are ‘fundamental in governance of the country’ and
it is the duty of the state to apply these principles in making laws.
The directive principles are contained in the Article 41 in Part IV of the
Indian Constitution reads, “The State shall, within the limits of its economic
capacity and development, make effective provision for securing the right to
work, to education and to public assistance in cases of unemployment, old
age, sickness and disablement and in other cases of undeserved want”
1. Equitable distribution of wealth or the socialist pattern of society and
equal pay for equal work for both men and women.
2. Provision of adequate (tolerable) means of livelihood to all its citizens,
men and women.
3. Provision of employment to all.
4. Free and compulsory education for children.
5. Live wage for workers.
6. Protection of childhood and youth against exploitation and against
exploitation and against moral and natural abandonment.
7. Organization of village panchayats as units of self-government (Article
40).
8. Prohibition of the consumption except for medical purposes of
intoxicating drinks and of drugs injurious to health.
9. Organization of agriculture and animal husbandry on modern and
scientific lines.
10. Promotion of international peace and security and maintenance of just
and honourable relations between the nations of the world.

1.7 Features of Article (19) (A):
Freedom of speech and expression Is a vital feature that a democracy runs
with. For any democracy to succeed, people must be given the liberty to
express their feeling without restriction. This very important feature of the
freedom of speech and expression is enshrined to the Indian citizens by
Article 19(1)(a) of the constitution of India.
This article states that all citizens irrespective of colour, creed and religion
have the right to raise their voice in matters of importance or otherwise
without any restriction within or without. The freedom comes in for the
assumption that rationality of men comes above everything else, and every
individual, by his/her own discretion and wisdom knows what is good or
bad. The freedom of the press that the Indian Media enjoys is an extension
or a further realization of this article.
1.8 Features of Article 19(2):
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 interests (of the sovereignty and integrity of India) the
security of the state, friendly relation with foreign states, public order,
decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.
1.9 Provisions of Amendment:
The procedure of amendment makes the Indian Constitution neither totally
rigid nor totally flexible, rather a curious mixture of both. Some provisions
can be easily changed and for some others, special procedures are to be
followed.

Since India is a federal state, the proposal for amending the constitution can
be initiated only in the Parliament and the State Legislatures have no such
power.
In case of ordinary law and if both houses of the Parliament disagree, a joint
session is convened. But in case of amendment of bills, unless both the house
agrees, it cannot materialize, as in such cases there is no provision for
convening the joint session of both the House of the Parliament.
In fact, there are three methods of amending the Constitution. But Article
368 of the constitution which lays down the procedure for amendment
mentions two methods:
1. An amendment of the constitution may be initiated only by the
introduction of a Bill for the purpose in any one house of parliament.
i) by a majority of total membership of that house.
ii) by a majority of not less than two-thirds of the members of that present
and voting, it shall be presented to the President who shall give his assent to
the Bill and there upon the Constitution shall stand amended in accordance
with the term of the Bill.
Most of the provisions of the constitution can be amended by this procedure.
2. For amending certain provisions a special procedure to be followed
i) A Bill for the purpose must be passed in each house of Parliament by a
majority of total membership of the house
ii) by a majority of not less than two-thirds of the members of that house
present and voting
iii) it should be notified by the government of not less than one-half of the
states before the Bill is presented to the President for assent.
The provisions requiring this special procedure to be followed include –
a) manner of the election of the President

b) matters relating to the executive power of the union and the state
c) representation of the states in Parliament
d) matters relating to the Union Judiciary and High Courts in the states.
e) distribution of legislative powers between the union and the states.
f) any of the list in the seventh schedule
g) provisions of Article 368 relating to the procedure for amendment of the
constitution etc.
3. There are certain provisions which require simple majority for
amendments. They can be amended by the ordinary law-making process.
They include:
a) formation of new states and alteration of areas, boundaries or names of
existing ones.
b) creation or abolition of legislative councils in the states
c) administration and control of scheduled areas and scheduled tribes
d) the salaries and allowances of the supreme court and high court judges
e) laws regarding citizenship etc.
It is significant that the laws passed by Parliament to change the above
provisions would not be deemed to be amendments of the Constitution for
the purpose of Article 368
1.10 Parliamentary & Legislative Privileges for Media:
The important feature of the law in Media Reporting is that limitation due to
‘parliamentary privilege’ which refers to two significant aspects of the law
relating to both Houses of Parliament and of their members and committees
– Freedom of Speech and Right of publication of proceedings.

The Press is often called an extension of Parliament. It conveys to the people
the substance of Parliamentary legislation and discussion and keeps the
people informed ofwhat is happening in Parliament with different reporting.
Though what appears in the Press may influence the Members and provide
them with necessary background, if the published report and materials do
not form an authentic record of facts and exclusive reliance cannot be placed
by a Member of Parliament on the matter as reported.
Thus, it has been ruled by successive Presiding Officers that questions,
motions and other notices which are merely based on Press reports may not
be admitted. The Member may be required to produce some other primary
evidence on which his notice is based.
Media Freedom has not been expressly provided for in the Constitution, but
is implicit in the fundamental right of the “freedom of speech and
expression” guaranteed to the citizens under Article 19(1)(a) of the
Constitution.
It has been settled by judicial decisions that freedom of speech and
expression includes freedom of the press. But while enjoying the “freedom
of speech and expression” it is a breach of privilege and contempt of the
House to publish partly omitted proceedings of the House.
1.11 Fourth Estate of the Democracy:
The origins of the term “the fourth estate” are best explained within the
context of the medieval “estates of the monarchy”. In medieval society, three
“estates” were formally recognized: the clergy, the nobility and the
commoners. Each estate had a very distinct social role and a certain level of
power, and the idea of the estates of the monarchy became so deep-rooted
in European society that it still lives on.

So in a democratic set up there are three important pillars or estate; first in
legislature – the elected representatives who make law, second is the
executive – the cabinet of ministers that take decision policies of the
government and third is the judiciary – holds and checks the law made by
the government with in the territory of the constitution that don’t violate the
fundamental law of the person. The press which does not have any
constitutional or statutory powers but criticizes the government on wrong
places and make public opinion about policies that government has and
should have, so why press is called the fourth estate of the democracy.
1.12 Press
The Indian Constitution does not provide any freedom for media separately.
But there is an indirect provision for media freedom. It gets derived from
Article (19)(a). This Article guarantees freedom of speech and expression.
The freedom of mass media is derived indirectly from this Article.
All citizens shall have the right to freedom of speech and expression, to
assemble peaceably and without arms, to form associations or unions, to
move freely throughout the territory of India, to reside in any part of the
territory of India, to acquire hold and dispose of property and to practice any
profession or to carry on any occupation, trade and business.
However the right to freedom of speech and expression shall not affect the
operation of any existing law or prevent the state from making any law in so
far as such law imposes reasonable restriction on the exercise of that right
in the interests of the sovereignty and integrity of India, the security of the
state, friendly relations with foreign states, public decency or morality or In
relation to contempt of court, defamation or incitement to offence.
1.13 Emergence of Censorship:
Censorship in India involves the suppression of speech or other public
communication, raises issues of freedom of speech, which is nominally
protected by the Indian constitution.

The Indian Constitution guarantees freedom of expression but with certain
restrictions on the content, with a view towards maintaining communal and
religious harmony.
According to the Information Technology Rules 2011, anything that
threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states or public order are considered as
offensive content.
Obscenity and Sexual Content: Watching or possessing pornographic
materials is legal; however, distribution of such materials is banned. The
Central Board of Film Certification allows release of certain films with
sexually explicit content (labelled A-rated), which are to be shown only in
restricted spaces and to be viewed only people of age 18 and above.
National Security: The Official Secrets Act 1923 is used for the protection
of official information, mainly related to national security.

Unit II
Ethical Parameters
Ethics need to be part and parcel of all the professions. it is even
more needed to be followed by media professionals to keep the image of
media as ‘fourth estate' intact. According to Webster's New World
Dictionary, 'ethics' is a system or code of morals, of a particular person,
religion, group, profession etc. Ethics, according to the Macquarie Dictionary,
is a system of moral principles, by which human actions and proposals may
be judged good bad or right or wrong.
• A theory or a system of moral values: "An ethic of service is at war
with a craving for gain".
• The rules or standards governing the conduct of a person or the
members of a profession.
Etymologically, "ethics" comes from the Greek "ethos" meaning
"character" which denotes a set of principles or standards for correct
conduct and reliable character within society. Ethics refers to principles that
define behaviour as right, good and proper. Ethics asks what we should do
in some circumstance, or what we should do as participants in some form of
activity or profession.
Ethics is the difficult practical task of applying norms and
standards to ever new and changing circumstances. Ethics is the process of
Inventing new and better ethical responses to problems and conflicts.
Ethics vs. Law
Law is imposed on journalists by the government of a nation
similar to how it is imposed on all the citizens of a nation. Laws like
defamation, contempt of court. contempt of parliament, exist to check the
excesses and errors of the Journalists. Seasoned journalists are well aware
of all these and hence they are most cautious of media law when they write
an article or report of an event.
Ethics on the other hand need to be self-imposed. What may not
be illegal may be unethical.

Reporting and Ethics Legality:
Principles of journalism deal with how news should be got from
various sources and reported. Ethics are the moral principles involved in
news reporting and coverage.
A journalist needs to have certain moral principles to be
followed in his/her profession which could be termed 'professional ethics'.
Ethics could not be forced on anyone but each professional "Codes of Ethics"
or “Codes of Conduct" can be seen as rules of practice, or an ethical
framework, in respect to a certain category of human actions. Ethical
guidelines are peculiar to each profession and are designed to prevent the
abuse or unrestrained use of the powers and privileges of that profession.
Ethics tend to be codified into a formal system or set of rules which are
explicitly adopted by a group of people. Many newspapers in India have
formulated their own code of ethics for their employees to follow.
Gone are the days when journalism was considered to be an
idealistic profession and pen's mightiness over sword was well-maintained.
Now the journalists, as well as the society, have accepted that journalism is
just another profession and media organizations are considered to be
business ventures who compete with each other to win the race and be
ahead in ratings. The rising popularity of electronic media and they're giving
utmost importance to entertainment aspect has paved the way for this sort
of unhealthy competition.
Even in such a scenario, some basic ethical considerations need
to be kept in mind by the journalists.
Objectivity: A newspaper or channel might be having affiliation
towards a particular political party or a business group. But, in news
reporting, such priorities of the media organizations should not get reflected.
Also, the reporter of a news item should also be careful that his
individualistic opinions should not form part of the report. On the whole,
views and news need always to be separated if objectivity has to be
maintained by the journalists.
Conflict of interests: When there is a conflict of interests, i.e. when
public interest and the interest of a particular media organization may not
hand in hand in certain instances. Still, priority needs to be given to the
public interest and not business interests.

Crass commercialism: Crass commercialism must be avoided. i.e.
indulging in init. practices like obscene scenes, pictures and writings must
be totally given up. That such portrayal would spoil the mind of the
youngsters and children should be kept in mind by the media.
Sensationalism: Sensationalizing the events/happenings needs to be
avoided by an ethical journalist. Especially in times of communal clashes and
disasters, there is a rush and anxiety among the people to know the latest
news. Instead of cashing on such expectations, media should see to that the
reporting should be in such a way that it does not aggravate the clashes
create unnecessary fear in minds of the people about a disaster. The
temptation to give the latest news and be ahead in the ratings need to be
overcome by the concern for societal order.
Privacy: It is true that sources are needed for breaking news but at the
same time their privacy also should be respected and safeguarded and
should not be taken for granted by media.
Obscenity: Extreme care must be taken by journalists that obscene
words and depiction are avoided especially while reporting crime and
involving women.
Bribes/Gifts: Not accepting bribes/gifts. even when voluntarily given,
the norm of an ethical journalist.
Not just the journalists, but each and everybody involved in media
business right from advertisers, marketing department and non-working
journalists need to follow ethics if media ethics need to be safeguarded.
Sting Operations
In law enforcement, a sting operation is a deceptive operation
designed to catch a person committing a crime. Mass media journalists
occasionally resort to sting operations to record video and broadcast to
expose criminal activity.
As a guiding principle, sting and undercover operations should
be the last resort of new channels in an attempt to give the viewer
comprehensive coverage of any news story. News channels will not allow sex
and sleaze as a means to carry out sting operations, the use of narcotics and
psychotropic substances or any act of violence, intimidation or
discrimination as a justifiable means in the recording of any sting operation.

Sting operations will also abide by the principles of self-regulation
mentioned above, and news channels will ensure that they will be guided, as
mentioned above, by an identifiable larger public interest. News channels
will as a ground-rule, ensure that sting operations are carried out only as a
tool for getting conclusive evidence of wrongdoing or criminality and that
there is no deliberate alteration of visuals, or editing or interposing done
with the raw footage in a way that it also alters or misrepresents the truth
or presents only a portion of the truth.
Phone Tapping
Art.21 of the Indian Constitution says that “No person shall be
deprived of his life or personal liberty except according to the procedure
established by law.”
The expression ‘personal liberty’ includes ‘right to privacy’. A
citizen has a right to safeguard his personal privacy, plus, that of his family,
education, marriage, motherhood, childbearing, and procreation, among
other matters.
Life and liberty are not empty words; they include all those
necessary ingredients which give meaning to them. Privacy of a person is a
part of his life and liberty under our Constitution. Any invasion of this right,
which is fundamental in nature, can be done only according to the
constitutional limitations.
The act of telephone tapping affects the right to privacy as well
as the right to freedom of speech and expression, both are Fundamental
Rights under the Constitution. Art 21 of the Constitution, which gives
protection to life and liberty, can allow only such legislature-made law which
meets the constitutional requirements and applies a procedure which is just,
fair and reasonable. Further, violation of the right of freedom of speech and
expression is not permissible except what Art. 19 of the Constitution
provides.
In India, Phone Tapping can only be done in an authorized
manner with permission from the department concerned. However, if it is
undertaken in an unauthorized manner then it is illegal and will result in
prosecution of the person responsible for breach of privacy.

The Central Government as well as the State Governments, both
of them are provided with the right to intercept telephones under Section
5(2) of Indian Telegraphic Act, 1885. There are instances when an
investigating authority/agency needs to record the phone conversations of
the person who is under suspicion. Such authorities are required to seek
acquiescence from the Home Ministry before moving forward with such an
act. In the application to seek permission, particular reasons need to be
mentioned. Additionally, the need for interception of the telephone must be
proved. Then only the ministry will consider the application and grant
permission upon estimating the merits of the application for the
interception.
Every agency fills out an authorization slip before placing a
telephone under surveillance. The Home Secretary of the particular state
signs this when it is concerned with the state. Telephones of politicians
cannot be tapped officially-a qualifier on the slip states that the inspected
person is not an elected representative. Nowadays, every cellular service
provider has an aggregation station which is a clasp of servers called
mediation servers as they intercede by linking the cellular operators and the
law enforcement agencies to tap phones. There are two types of telephone
tapping services obtainable these days i.e. Integrated Services Digital
Network (ISDN) and the leased line. In ISDN service, an intercession server
taps a call and then conveys it via Primary Rate Interface (PRI) line to the
office of a government agency. Furthermore, the police will also be able to
eavesdrop to the phone on their PRI line and store the recording of the
intercepted call to linked computers. A sound file of the intercepted call can
also be recorded and kept in the mediation server, concurrently.
Unlawful Telephone Tapping Remedies:
·Unlawful interception infringes the right to privacy and the aggrieved
person can file a complaint in the Human Rights Commission.
·An FIR can be lodged in the nearest Police Station when illicit phone
interception comes into the knowledge of the person.
·Moreover, the aggrieved person can approach the Court against the
person/company doing the Act in unauthorized comportment under Section
26 (b) of the Indian Telegraphic Act which provides for the imprisonment of

3 years for persons held for the unlawful interception. An individual can also
be prosecuted for authorized interception of the telephone but sharing of the
data of the same in an explicit manner.
Information Technology Act 2000
• Information technology is one of the important laws relating to Indian
cyber laws. It had passed in the Indian parliament in 2000. It consists
of 13 chapters and 4 schedules.
• This act is helpful to promote business with the help of internet. It also
set of rules and regulations which apply on any electronic business
transaction.
• Due to increasing crime in cyberspace, Govt. of India understood the
problems of internet user and for safeguarding the interest of internet
users, this act was made.
Objectives
• It is objective of the I.T. Act 2000 to give legal recognition to any
transaction which is done by electronic way or use of the internet.
• To give legal recognition to digital signature for accepting any
agreement via computer.
• To provide the facility of filling document online relating to school
admission or registration in employment exchange.
• According to I.T. Act 2000, any company can store its data in electronic
storage.
• To stop computer crime and protect the privacy of internet users.
• To give legal recognition for keeping books of accounts by bankers and
other companies in electronic form.
• To make more power to IPO, RBI and Indian Evidence act for
restricting electronic crime.

Scope
• Every electronic information is under the scope of I.T. Act 2000 but
following electronic transaction is not under I.T. Act 2000.
• Information technology act 2000 is not applicable to the attestation for
creating trust via electronic way. Physical attestation is a must.
• I.T. Act 2000 is not applicable to the attestation for making the will of
anybody. Physical attestation by two witnesses is a must.
• A contract of sale of any immovable property.
• Attestation for giving power of attorney of property is not possible via
electronic record.
CHAPTERS
CHAPTER 1
• It shall extend to the whole of India and, save as otherwise provided in
this Act, it applies also to any offence or contravention thereunder
committed outside India by any person.
CHAPTER II
• Any contract which is done by the subscriber. If he signs the electronic
agreement by digital signature. Then it will be valid.
CHAPTER III
• This chapter explains the detail that all electronic records of govt. are
acceptable unless any other law has any rules regarding written or
printed record.
CHAPTER IV
• This chapter deals with receipts or acknowledgement of any electronic
record. Every electronic record has any proof that is called receipt and
it should be in the hand who records electronic way.
Chapter V
• This chapter powers to the organization for securing the electronic
records and secure digital signature. They can secure by applying any
new verification system.

Chapter VI
• This chapter states that govt. of India will appoint controller of
certifying authorities and he will control all activities of certifying
authorities. “Certifying authority is that authority who issues the
digital signature certificate.”
Chapter VII
• In this chapter powers and duties of certifying authority is given.
Certifying authority will issue digital signature certification after
getting Rs. 25000. If it is against the public interest, then C.A. can
suspend the digital signature certificate.
Chapter VIII
• This chapter tells about the duties of subscribers regarding the digital
signature certificate. It is the duty of subscriber to accept that all
information in the digital signature certificate that is within his
knowledge is true.
Chapter IX
• If anybody or group of body damages the computers, computer
systems and computer networks by electronic hacking, then they are
responsible to pay penalty up to Rs. 1 crore. Fore judgment this, govt.
can appoint the adjudicating officer.
Chapter X
• Under this chapter, the cyber regulation appellate tribunal can be
established. It will solve the cases relating to orders of adjudicating
officers.
Chapter XI
• For controlling cyber Crime, Govt. can appoint a cyber regulation
advisory committee who will check all cyber-crime relating to
publishing others information. If any fault is done by anybody, he will
be responsible for paying Rs. 2 lakhs or he can get punishment of 3
years living in jail or both prison and penalty can be given to cyber-
criminal.

Chapter XII
• Police officers have also power to investigate dangerous cyber-crime
under IPC 1860, Indian Evidence Act 1872 and RBI Act 1934
What Section 66A says:
"Any person who sends, by means of a computer resource or a
communication device
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of
causing annoyance, inconvenience, danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred or ill will, persistently by making use
of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing
annoyance or inconvenience or to deceive or to mislead the addressee or
recipient about the origin of such messages shall be punishable with
imprisonment for a term which may extend to three years and with fine."
• Section 66A provides punishment for sending offensive messages
through communication services.
• These messages may be any information created, transmitted or
received on a computer system, resource or device including
attachments in the form of...
• • Text
• • Images
• • Audio
• • Video
• • Any other electronic record which may be transmitted with the
message
The law targets messages that...
• • Are grossly offensive or menacing
• • Proffer false information intending to cause annoyance,
inconvenience, intimidation, insult, obstruction, etc.,

• • Are intended at deceiving the addressee about the origin of the
message
• The law was amended in 2008 and received Presidential assent on
February 5, 2009.
RIGHT TO INFORMATION ACT
Bringing Information to the Citizens
Right to Information Act 2005 mandates timely response to citizen requests
for government information. It is an initiative taken by Department of
Personnel and Training, Ministry of Personnel, Public Grievances and
Pensions to provide a– RTI Portal Gateway to the citizens for quick search of
information on the details of first Appellate Authorities, PIOs etc. amongst
others, besides access to RTI related information/disclosures published on
the web by various Public Authorities under the government of India as well
as the State Governments
The objective of the Right to Information Act:
The basic object of the Right to Information Act is to empower the citizens,
promote transparency and accountability in the working of the Government,
contain corruption, and make our democracy work for
the people in real sense. It goes without saying that an informed citizen is
better equipped to keep necessary vigil on the instruments of governance
and make the government more accountable to the governed. The Act is a
big step towards making the citizens informed about the activities of the
Government.
Any Indian Citizen is free to seek answers from a Government Authority like
applying for a delayed IT refund, driving license or passport, or details of a
repair or infrastructure project completed or going on. Information sought
can also be related to the funds allotted under the different kinds of relief
funds in the country. The act enables students to get copies of answer sheets
from the universities under this act.

The background of the RTI Act
In 1987, a few labourers In Rajasthan were refused their wages on charges
of inconsistent performance, Mazdoor Kissan Sanghatan (MKSS), an activist
group fought for these workers and demanded that the government
produced the necessary proof to verify the worker’s performance records.
After a series of protests, the MKSS got the copies of rolls, which also brought
to surface the corruption existed among the officials, provoked by such
discrepancies, the MKSS protested for the RTI. This protest turned into a
national event leading to the passing of the Freedom of Information Act 2002
which became the RTI Act 2005. A Pune police station received the first RTI
Application in the year 2005.
INTELLECTUAL PROPERTY RIGHT
Intellectual property is a product of human intellect and the rights granted
on it allow its owner to benefit from the fruits of this intellectual endeavour
by creating a monopoly over it. Such benefit is not always a natural right but
requires recognition by a statute.
There are various forms of intellectual property right. They are as follows:
1. Patents:
New inventions employing scientific and technical knowledge, value
addition to existing technology. It is a contract between investor and
government, e.g.,) a new drug.
2. Trademark and service mark:
A visual symbol in the form of a word, service or label applied to an article of
a manufacturer, e.g.,) Yahoo, Google
3. Industrial design:
Idea or a conception as to the features of the shape, configuration pattern,
ornament or composition of lines or colours applied to any article. Design is
for beautifying an industrial product to attract consumer public. Any new or
original design adopted for ornamentation, shaping and configuration of an
industrial PDT is eligible for design registration.
4. Copyright:

Right to copy and making use of literary, dramatic, musical, artistic works,
cinematographic films, records and broadcasts.
5. Geographical Indications:
Geographical indications identify good as originating in the territory of a
country. An origin or a locality in that territory, where a specific quality,
reputations or other characteristics of the goods is essentially attributed to
their geographical origin e.g., Darjeeling tea, Kanchipuram Saree etc.
6. Protection for new plant varieties:
TRIPS (trade-related aspects of intellectual property rights) provisions of
the World Trade Organization Agreement make it mandatory for member
countries to provide protection for new plant varieties, e.g., a new variety of
rice, wheat etc. As per the provisions, the member countries can give
protection to new plant varieties in two ways –
(i) Under the patent law
(ii) by a separate system (called Suigeneris system)
In India, intellectual property rights recognized under the statute are:
• The Patents Act, 1970;
• The Trade Marks Act, 1999;
• The Copyright Act, 1957;
• The Designs Act, 2000;
• The Geographical Indications of Goods (Registration & Protection) Act,
1999;
• The Semiconductor Integrated Circuits Layout Design Act, 2000;
• The Biological Diversity Act, 2002;
• The Protection of Plant Varieties and Farmers' Rights Act, 2001.
Intellectual property rights (IPRs) play a key role in every sector and
have become the basis for crucial investment decisions. IPRs are
exclusive rights and therefore there is always a challenge to strike a
balance between the interests of innovators and the interests of the

society at large. Another important factor is having an adequate legal
framework to protect the interests of innovators and inspire
confidence that their intellectual property will be protected, in turn
triggering further innovation.
Media & Cultural Dependency
The culture which is the customs, beliefs, art, music, and all
other products of human thought made by a particular group of people at a
particular time. This culture is what distinguishes one culture from another,
or a kind of identification which when exhibited reveals or gives an inkling
to where you came from. A mode of dressing often leads to such comments
like “you dress like an American, or you look like one who is coming from the
airport”. Cultural Dependency arises when a country is controlled by
another. By way of definition, cultural dependency or imperialism is a
process whereby ownership, structure, distribution, or content of the media
in any one country singly or together subject to the external pressure from
the media interest of any country or countries without a proportional
reciprocation in influence by the country so affected.
Cultural dependency invariably puts pressure on one society to
adopt the culture, values and lifestyle of another. This situation is worsened
if there is an existence of any form of inequality among the partners; like the
type that exists between developed and developing or underdeveloped
countries.
The power of the press in this twenty-first century is not
contestable. This has led to the well-deserved name of “information age”
where millions of people scattered all over are reached simultaneously
through evolving sophisticated and communication technologies. Media
plays a central role in creating and transmitting the dominant culture to the
developing society.
This power of the media to reach a mass audience with
information for awareness or attitudinal change implies that it has a role to
play with regards to cultural dependency. In fact, there is no mention of the
term cultural dependency without the media coming into the discussion
because they are the media of communication especially the Television and
recently, the internet. mass communication is a major carrier of culture, and
that the mass media are cultural instruments which supply the cultural fare

and shape the cultural experience of many millions of people in the modern
world. This concern for the role of media in cultural units also stems from
the fact that communication in whatever form is a major carrier of culture
and hence, it is important in the production and transmission of culture.

UNIT – III
ADVERTISEMENT REPRESENTATION AND ETHICS
Advertisement is the most influential and powerful medium in a
commercial society. The Advertising Standards Council’s Code for Self-
regulation defines an advertisement as a paid-for communication, addressed
to the public or a section of it, the purpose of which is to influence the
opinions or behaviour of those to whom it is addressed. Any communication
which in the normal course would be recognized as an advertisement by the
general public would be included in this definition even if it is carried free-
of-charge for any reason.
Advertising is an expression intended for the promotion of a
product or service or concept. The Report on the Environment, Public Health
and Consumer Protection defined advertising thus, the process of
persuasion, using paid media, in which purchasers of goods, services or ideas
sought. Its primary aim is to convince the consumer to obtain the
advertiser’s product/ service and/ or his specific brand.
Advertising is thus a commercial message designed to influence
consumer behaviour. Advertising is communication. It seeks to convey
information to the consumer about a product. It can take any form in any
media.
WOMEN AND ADVERTISEMENTS:
Women play a very important role with respect to
Advertisements:
# As Victims- subscribes to the view that women models in most cases are
exploited.
# As viewers of advertisements in the media.
# As, endorsers which again is a dignified way of promoting a product which
is usually done by a well-known woman.

Use of women to promote a concept or product is going on
increasing Women are used in TV commercials as a weapon of persuasion.
Women in many cultures make the majority of consumption decisions;
hence they are an important target of these advertisers.
Positive Impact of Advertisements on Women includes
Consumer education, Public Service Advertisements which educates
women. Advertisements bring awareness about various issues women need
to know. For example, the advertisements of contraceptives inform women
about safe sex. Advertisements also offer a career to women as models and
fashion design. Advertisements do update women on the latest fashion
trends; thereby making them more stylish and elegant.
But, most of the advertisements make women victims of cheap
advertising techniques. The representing of women in indecent ways for
whatever commercial ends, is the worst thing done. It should be curbed.
LAWS:
The Indian Penal Code 1960 contains S. 292, which deals with
the sale of obscene books, pamphlet, inter alia representation which shall be
deemed to be lascivious or appeals to the prurient interest, which can
include obscene advertisements. Including the Indian Penal Code as safety
legislation to prevent the indecent representation of women in
advertisements, because of one logic: Indecent Representation of women
can be obscene, which means that a law curbing obscenity can come of help.
The word, obscenity as the dictionaries tell us, denotes the
quality of being obscene which means offensive to modesty or decency;
lewd, filthy and repulsive. It cannot be denied that it is an important interest
of society to suppress obscenity. There is, of course, some difference
between obscenity and pornography in that the latter denotes writings,
pictures etc. intended to arouse sexual desire while the former may include
writings etc. not intended to do so but which have that tendency. Both, of
course, offend against public decency and morals but pornography is an
obscenity in a more aggravated form.
Though the work as a whole must be considered, the obscene
matter must be considered by itself and separately to find out whether it is
so gross and its obscenity so decided that it is likely to deprave and corrupt

those whose minds are open to influences of this sort. In this connection, the
interests of contemporary society and particularly the influence must not be
overlooked. Where obscenity and art are mixed, art must so preponderate
as to throw the obscenity into a shadow or the obscenity so trivial and
insignificant that it can have no effect and may be overlooked. It is necessary
that a balance should be maintained between "freedom of speech and
expression" and "public decency or morality"; but when the latter is
substantially transgressed the former must give way. The concept of
obscenity would differ from country to country depending on the standards
of morals of contemporary society.
PEOPLE AND SOCIETY:
The public can play an important role in curbing the indecent
representations of women in advertisements, by objecting to it and by
choosing not to remain silent. Cultural as well as religious constraints too
cannot be overlooked totally by the agencies. The media is the watchdog of
justice. Media is accountable to the people. Media can play an important role
in protesting the indecent representation of women in the media. Journalists
have to make people aware of the laws helping them in this goal, through
their writings.
In conclusion, like to point out that a mass awakening only can
make a change in the attitude of advertisements towards women. Public
service Advertisements are doing their part- thanks to the Governments and
NGOs. But women organizations, police, politicians, social workers, legal
activists- all have to join hands to fight those indulging in the indecent
representation of women in advertisements. Much has to be researched in
this field to bring forth a comprehensive piece of legislation or amendments
in the existing laws to deal with the vulgar portrayal of women in
advertisements. Transnational companies and their advertisements do have
a negative persuasive effect on the viewers of our country, especially
youngsters.
The advertisements portraying women in a vulgar way, whether
it be in hoardings or other in other media, is tolerated and overlooked by the
people. For. e.g. there is a duty attached to officers under different acts like
the Indecent Representation of Women (Prohibition) Act,1986 which can be
resorted to removing hoardings with women pictured in a vulgar way. In

these circumstances, a writ of mandamus can be resorted to. By various
cases, the Supreme Court has recognized that the advertisements were in the
nature of commercial speech’, thereby liable to be protected under Art 19(1)
(a). But it must be remembered that it is not blanket protection because of
the restrictions which include inter alia grounds of morality and decency. He
also points out that the models, as well as the advertising agencies, do have
a right to livelihood and profession, but the social workers and activists and
lawyers and media persons should come up to enlighten the society at large
about the legal consequences of indecent acts.
THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT,
1986
An Act to prohibit indecent representation of women through advertisements
or in publications, writings, paintings, figures or in any other manner and for
matters connected therewith or incidental thereto.
1. Short title, extent and commencement:
(1) This Act may be called the Indecent Representation of Women
(Prohibition) Act, 1986.
(2) It extends to the whole of India, except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definitions:
In this Act, unless the context otherwise requires, -
a. "advertisement" includes any notice, circular, label, wrapper or other
document and also includes any visible representation made by means of
any light, sound, smoke or gas;
b. "distribution" includes the distribution by way of samples whether free
or otherwise;
c. "indecent representation of women" means the depiction in any manner
of the figure of a woman; her form or body or any part thereof in such way
as to have the effect of being indecent, or derogatory to, or denigrating

women, or is likely to deprave, corrupt or injure the public morality or
morals;
d. "label" means any written, marked, stamped, printed or graphic matter,
affixed to or appearing upon, any package;
e. "package" includes a box, a carton, tin or another container;
f. "prescribed" means prescribed by rules made under this Act.
3. Prohibition of advertisements containing indecent representation of
Women:
No person shall publish, or cause to be published, or arrange or take
part in the publication or exhibition of, any advertisement which contains
indecent representation of women in any form.
4. Prohibition of publication or sending by post of books, pamphlets, etc;
containing indecent representation of women:
No person shall produce or cause to be produced, sell, let to hire,
distribute, circulate or send by post any book, pamphlet, paper, slide, film,
writing, drawing, painting, photograph, representation or figure which
contains indecent representation of women in any form:
Provided that nothing in this section shall apply to-
a. any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure –
b. the publication of which is proved to be justified as being for the public
good on the ground that such book, pamphlet, paper, slide, film, writing,
drawing, painting, photography, representation or figure is in the interest of
science, literature, art, or learning, art, or learning or other objects of general
concern; or
b. which is kept or used bona fide for religious purpose;
any representation sculptured, engraved, painted or otherwise represented
on or in –
c. any ancient monument within the meaning of the Ancient Monument and
Archaeological Sites and Remains Act, 1958 (24 of 1958); or
d. any temple, or on any car used or the conveyance of idols, or kept or used
for any religious purpose;
any film in respect of which the provisions of Part II of the Cinematograph
Act, 1952 (37 of 1952), will be applicable
5. Powers to enter and search:

(1) Subject to such rules as may be prescribed, any Gazetted Officer
authorized by the State Government may, within the local limits of the area
for which he is so authorized: -
enter and search at all reasonable times, with such assistance, if any, as he
considers necessary, any place in which he has reason to believe that an
offence under this Act has been or is being committed; seize any
advertisement or any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure which he has reason to
believe contravenes any of the provisions of this Act; examine any record,
register, document or any other material object found in any place
mentioned in Cl. (a) and seize the same if he has reason to believe that it may
furnish evidence of the commission of an offence punishable under this Act.
Provided that no entry under this subsection shall be made into a private
dwelling-house without a warrant:
Provided further that the power of seizure under this subsection may be
exercised in respect of any document, article or thing which contains any
such advertisement, including the contents, if any, of such document, article
or thing if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article or thing without
affecting the integrity, utility or saleable value thereof.
Provided further that the power of seizure under this subsection may be
exercised in respect of any document, article or thing which contains any
such advertisement, including the contents, if any, of such document, article
or thing if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article or thing without
affecting the integrity, utility or saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973(2 of 1974), shall,
so far as may be, apply to any search or seizure made under the authority of
a warrant issued under Sec.94 of the said Code.
(3) where any person seizes anything under Cl. (b) or Cl. (c) of subsection
(1), he shall, as soon as may be, inform the nearest Magistrate and take his
orders as to the custody thereof.
6. Penalty:
Any person who contravenes the provisions of Sec 3 or Sec 4 shall be
punishable on first conviction with imprisonment of either description for a
term which may extend to two years, and with fine which may extend to two
thousand rupees, and in the event of a second or subsequent conviction with
imprisonment for a term of not less than six months but which may extend

to five years and also with a fine not less than ten thousand rupees but which
may extend to one lakh rupees.
7. Offences by companies
(1) Where an offence under this Act has been committed by a company,
every person, who, at the time the offence was committed was in charge of,
and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary
or another officer of the company, such director, manager, secretary or
another officer shall be proceeded against and punished accordingly.
Explanation – For this section. -
a. "company" means anybody corporate and includes a firm or other
association of individuals; and
b. "director", in relation to a firm, means a partner in the firm.
8. Offences to be cognizable and bailable:
(1) Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2of 1974), an offence punishable under this Act shall be bailable.
(2) An offence punishable under this Act shall be cognizable.
9. Protection of action taken in good faith:
No suit, prosecution or other legal proceedings shall lie against the Central
Government or any State Government or any officer of the Central
Government or any State Government for anything which is in good faith
done or intended to be done under this Act.
10. Power to make rules:
(1) The Central Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,
namely: -
a. the manner in which the seizure of advertisement or other articles shall
be made, and the manner in which the seizure list shall be prepared and
delivered to the person from whose custody any advertisement or other
article has been seized;
any other matter which is required to be, or maybe, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session for a total
period of thirty days, which may be comprised in one session or two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive session aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES,
1987
G.S.R.822 (E), dated 25th September 1987: In exercise of the powers
conferred by Sec.10 of the Indecent representation of Women (Prohibition)
Act, 1986 (60 of 1986), the Central Government hereby makes the following
rules, namely:
1. Short title and commencement:
(1) These rules may be called the Indecent Representation of Women
(Prohibition) Rules, 1987.
(2) They shall come into force on the 2nd of October, 1987.
2. Definitions:
(1) In these rules, unless the context otherwise requires, -
a. `Act’ means the Indecent Representation of Women
(Prohibition) Act, 1986 (60 of 1986);
b. `article’ means any book, pamphlet, paper, slide, film, writing,
drawing, painting, photograph, representation of figure;

c. `authorized officer’ means any Gazetted Officer authorized by
the State Government for the purpose of section 5 of the Act.
d. `section’ means a section of the Act.
(2) Words and expressions used in these rules and not defined, shall have
the meanings respectively, assigned to them in the Act.
3. Manner of seizure of articles:
(1) Every seizure made in pursuance of the provisions of sub-section (1) of
section 5 shall be made in the manner hereinafter provided in these rules.
(2) The authorized officer seizing any advertisements or articles under sub-
section (1) of section 5 shall prepare a list of such advertisements or articles
containing such details relating to the description, quality, quantity, mark,
number and other particulars thereof as he may consider relevant to the
identity of such advertisements or articles in any proceeding under the Act,
in the Form annexed to these rules.
(3) The authorized officer shall pack and seal such advertisements or articles
in the manner provided in rule 4 and shall deliver a copy of the list so
prepared to the person from whom such advertisements or articles are
seized.
(4) The advertisements or articles so seized shall be marked with a
distinguishing number and shall also be signed by the authorized officer, the
person from whom such advertisements or articles have been seized and
two respectable inhabitants of the locality. If it is not possible to mark any
such advertisement or article, the marking may be done on the packaging or
in any other manner which the authorised officer thinks proper.
4. Manner of packing and dealing with advertisements or articles seized:
(1) The advertisements or articles seized shall be packed in adequately
strong paper, cloth or in any other packing material in such a way that the
advertisements or articles may not be tampered with and the ends of the
paper, cloth or other packing material shall be neatly folded and affixed by
means of gum or other adhesive or stitched in or tied.
(2) The package shall be further secured by means of strong twine or thread
and the twine or thread shall be fastened on the package by means of sealing
wax on which there shall be at least four distinct and clear impressions of
the seal of the authorised officer of which one shall be on the top of the
package, one at the bottom and the other two at the body of the package and
knots of the twine or thread shall be covered by means of sealing wax
bearing the impression of the seal of the authorized officer.
(3) Where necessary, the authorized officer shall put the advertisements or

articles in a box, a container of a suitable material and size and seal it in the
manner provided in sub-rule (2).
5. Manner of seizing and sealing advertisements or articles in certain
cases:
Notwithstanding anything contained in rules 3 and 4, where the authorized
officer is of the opinion that it is not possible to seize and seal any
advertisement or article in the manner prescribed in rules 3 and 4 due to the
size or the nature of such advertisement or article, he may take such steps as
he thinks fit for the seizure and sealing of such advertisement or article
without affecting the integrity, utility or saleable value thereof.
THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES,
1987
F O R M
(See rule 3(2))
List of Advertisements or Articles Seized
To
(Name and address of the person from whom the advertisement(s) or
article(s) are seized)
…………………………………………………………………………………………
…………………………………………………………………………………………
The advertisement(s), article(s) detailed below has/have this day been
seized by me under sub-section (1) of section 5 of the Indecent
Representation of women (Prohibition) Act, 1986 (60 of 1986), from the
premises………………………. situated at ………………………….
Details of advertisement(s), article(s) seized:
Place……… ………………
(Authorised Officer)
(Seal) Area…………

SEXUAL HARASSMENT AT WORKPLACE
Sexual harassment includes such unwelcome sexually determined behaviour
(whether directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favours;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical verbal or non-verbal conduct of sexual
nature.
India is a democratic country. All citizens have the fundamental right to live
with dignity under Article 21 of the constitution of India. But there is no
law specifically dealing with sexual harassment. Laws are not able to
provide justice to the victims. There are various cases brought before the
supreme court of India but all cases were not successful in laying down
new laws for sexual harassment. In 1997, the Supreme court tried to lay
down guideline in Vishakha’s case. These guidelines were somewhat
successful because in this case the supreme court argued that there is a
need for separate laws but it was not given the required attention.
Sexual harassment: the law
According to the law in India, sexual harassment violates the women’s
fundamental right of gender equality and life with dignity under article 14
and article 21 respectively. Although there are no specific laws for curbing
sexual harassment at the workplace in India but certain provisions are
there in other legislation like Indian Penal Code, which provides protection
against women’s sexual harassments such as in IPC:
· Section 294 deals with obscene acts and songs at public place.
· Section 354 deals with assault or criminal force against women.
· Section 376 deals with rape.
· Section 510 deals with uttering words or making gestures which outrages
a women’s modesty.
There is another act passed by legislature for protecting women’s interest
namely, Indecent Representation of Women, Act (1997). This act has not
been used in cases of sexual harassment but there are certain provisions in

this act which can be used in 2 ways:
1) If a person harasses another by showing books, photographs, paintings,
films, etc. containing indecent representation of women than he will be
liable with minimum 2yrs. imprisonment.
2) Section 7 of this act punishes companies, if there is indecent
representation of women like showing pornography.
The harassed women can also go to civil courts for tortious actions like
mental anguish, physical harassment, loss of income in employment of
victim, etc.
Sexual harassment can be distinguished on two basis, one of them is quid
pro quo in which a woman gets sexually harassed in exchange of work
benefits and sexual favours this also lead to some retaliatory actions such
as demotion and making her work in difficult conditions. Another is ‘hostile
working environment’ which imposes a duty on employer to provide the
women worker with positive working environment and prohibits sexist
graffiti, sexual remarks showing pornography and brushing against women
employees.
Sexual Harassment: Case laws in India
There are various cases which had come before the courts in India and the
judgment in most of the cases has motivated women to register more
complaints as compared to earlier:
1) Apparel Export Promotion Council v. A.K Chopra
The Supreme Court in this case declared that sexual harassment is gender
discrimination against women and also said that any act or attempt of
molestation by a superior will constitute sexual harassment.
2) Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill
This case has changed the meaning of the terms, modesty and privacy in such
a way that, any kind of harassment or inconvenience done to a women’s
private or public life will be considered as an offence.
3) Vishaka & others Vs. State of Rajasthan & others
In this case, the Supreme Court laid down the following guidelines which
recognized it not only as a private injury to an individual woman but also as
the violation of her fundamental rights. These guidelines are significant
because for the first-time sexual harassment is identified as a separate

category of legally prohibited behaviour. These are subjected to all
workplaces until any other legislation is passed by parliament in this
regard. The guidelines are as follows:
· It is the duty of every employer to deliver a sense of security to every
women employee.
· Government should make strict laws and regulations to prohibit sexual
harassment.
· Any act of such nature should result in disciplinary actions and criminal
proceedings should also be brought against the wrongdoer.
· The organization should have a well set up complaint mechanism for the
redressal of the complaints made by the victim and should be subjected to a
reasonable time.
· This complaint mechanism should be in the form of complaint committee
which needs to be headed by a women member and at least 50% of the
committee members should be women so that victims do not feel ashamed
while communicating their problems. This complaint committee should also
have a third party involvement in the form of NGO or other body which is
familiar with this issue. There is a need for transparency in the functioning
of this committee and for that, there is a requirement of submission of the
annual report to the government.
· Issues relating to sexual harassment should not be a taboo in the workers
meeting and should be discussed positively.
· It is the duty of the organisation to aware the female employees about their
rights by regularly informing them about the new guidelines issued and
legislation passed.
· The employer or the person in charge is duty biased to take the necessary
and reasonable steps to provide support to the victim if sexual harassment
takes place due to the act or omission of the third party.
· These guidelines are not limited only to government employers and should
also be followed by employers in private sectors.
4) Medha Kotwal Lele & Ors. v. Union of India & Ors
This case helped the Vishakha’s case to implement the guidelines
successfully by issuing notices to all states and the union territories to
impart the necessary steps.
Bill to prevent Sexual Harassment: After few years of the guidelines set by
the Supreme Court, the first attempt was made to frame suitable draft

legislation with considerable involvement of and pressure from women’s
organizations. This was called “the protection against sexual harassment of
women bill, 2005”. However, that too gathered dust till it was replaced by
“the protection of women against sexual harassment at workplace bill, 2007”
which focused specifically on SH at the workplace, the reason presumably
being that the 2005 bill was too wide ranging and hence difficult to
implement. This 2007 bill was not in the spirit of Vishakha because it defines
aggrieved women as “…any female/persons whether major or minor, who
allies that she/they have been subject to sexual harassment...” This bill is also
silent on third party harassment and is emphasizing only on harassment
within the workplace. This bill treats sexual harassment as a civil dispute
whereas the Vishakha guideline has provided criminal proceedings for the
same. A recent amendment in the draft bill is section 12 (1) which states that
“if the allegations of sexual harassment are found to be false, the complainant
can be punished for it”. This provision will create a new space for employers
to manipulate the evidence to stand up against the women. It will abstain
women from registering any complaints against the wrongdoer due to the
fear that employers can take negative action against them so this part needs
to be deleted.
The suggestions made above can make vishakha guideline to retain their
spirit but at the same time it should also ensure that its scope should not
become very extensive and riotous.
Failure in implementing the laws relating to sexual harassment:
As per the vishakha guidelines, it is made compulsory to constitute a
complain committee in every workplace but private companies hardly
institute them while the government organizations just do it on paper. The
organizations in which these committee exists face other serious problems
as it is been reported by victims that the committee members do not even
have the clue of their responsibilities, powers and duties and so this rarely
lead the victim to get justice. The attitude of the employer is deep-seated as
they have a presumption that this cannot happen in their organization and
so the women’s complaint end up with nothing. People use to make fun of
her and this makes her incapable of getting justice or being heard properly.
Section 354 (on which the ruling in the Mrs Rupan Deol Bajaj v. Kanwar Pal
Singh Gill was based) and section 509 of IPC is the criminal provision applied
in most of the sexual harassment cases, but yet these provisions have only
limited effectiveness. Therefore, we can say that there is no strong legislative
stand against sexual harassment in the workplace.

A number of bills (by the national commission for women, women’s
organization and the government) have been drafted but there is still
confusion on what bill would serve the purpose better. At present, the draft
Protection of Women against Sexual Harassment at Workplace, 2007 is
pending with the ministry of women and child development. There are
certain suggestions being made by women organizations to make changes in
the bill:-
ü To provide for procedural training of members of the complaints
committee.
ü To modify provisions of section 11 (no action will be taken if the allegation
against the respondent is not true) and section 12 (if a local committee
concludes that the allegation against the respondent is false then action will
be taken against the complainant) of this bill.
Preventive Measures to Curb Sexual Harassment
Change in attitude of people is a basic requirement for implementing any law
in the society for women. This implementation of laws leads to protection
against undesired sexual behaviour. The prevention of sexual harassment
should be done at all level of employees and it should be checked that the
women employees get a positive environment. We recommend the following
steps that need to be taken for preventing sexual harassment at the
workplace.
1. There should be well set up complaint channel which is in direct
communication with the women employee. The women should not feel
obscure in complaining about the problems she is facing during employment
at the workplace. The complaint committee should take all such kind of
complaint very seriously and appropriate action must be taken within a
reasonable time.
2. Women workers’ should not fear in talking about any harassment related
to sex and it is their duty to immediately bring in notice to the complaint
committee about any such act.
3. It is the duty of the complaint committee to keep every complaint
confidential.
4. Every organisation should conduct sexual harassment awareness training
for both the male and female employees. This mutual learning will help in
creating an atmosphere of hostility and employees will feel comfortable.
This training should also include the impacts of sexual harassment on

women.
5. A commitment is required from all the levels of the organisation for the
positive implementation of the policies and procedures made against sexual
harassment.
6. Every employee should understand that it is his legal duty to provide every
women employee a sense of security in workplace.
7. He should understand that any kind of harassment on his women
employee will result in detrimental effects on her health, confidence and her
potential at work which also results in her leaving the job.
8. Women should be motivated against sexual harassment and they should
be asked to complain about it if they think that it is harming them in any
manner and they should make them realize that their complaints will not be
subjected to ridicule or any kind of threat.
9. The employer should always be under the fear of any kind of monetary or
reputational harm which can occur if such a kind of activity happens in his
company. We also think that there is a need for formulating a separate anti-
sexual harassment policy dealing particularly with this issue.
10. The committee should never be biased in dealing with certain individuals
of the organisation. For example, if the accused is a senior executive or
partner he should not be excused just for the sake of his position and strict
action should be taken against him.
SECTION 67 IN THE INFORMATION TECHNOLOGY ACT, 2000
Section 67 of the IT Act is the most serious legislative measure
against pornography. The section reads as under: Whoever publishes or
transmits or causes to be published in the electronic form, any material
which is lascivious or appeals to the prurient interest or if its effect is such
as to tend to deprave and corrupt persons who are likely, having regard to
all relevant circumstances, to read, see or hear the matter contained or
embodied in it, shall be punished on first conviction with imprisonment of
either description for a term which may extend to five years and with fine
which may extend to one lakh rupees and in the event of a second or
subsequent conviction with imprisonment of either description for a term
which may extend to ten years and also with fine which may extend to two

lakh rupees. The important ingredients of an offence under section 67 are
publishing, or transmitting, or causing to be published, pornographic
material in the electronic form.
The wordings of section 67 are wide enough to cover all
perpetrators of cyber pornography, be it the Internet service providers, web
hosting entities or the persons behind the actual website. The Act prescribes
imprisonment of either description for a term which may extend to 5 years
and with fine which may extend to Rs. 1 lakh in the case of first conviction
and in the event of a second or subsequent conviction with imprisonment of
either description for a term which may extend to 10 years and also with fine
which may extend to Rs. 2 lakh.
S.67 thus, aids in the control of advertisements which has found its life in the
new media- the Internet. Other female-friendly laws include the PNDT Act,
S.22 reads thus- S.22. Prohibition of advertisement relating to pre-natal
determination of sex and punishment for contravention.-
(1) No person, organization, Genetic Counseling Centre, Genetic Laboratory
or Genetic Clinic shall issue or cause to be issued any advertisement in any
manner regarding facilities of pre-natal determination of sex available at
such Centre, Laboratory, Clinic or any other place.
(2) No person or organization shall publish or distribute or cause to be
published or distributed any advertisement in any manner regarding
facilities of pre-natal determination of sex available at any Genetic
Counseling Centre, Genetic Laboratory, Genetic Clinic or any other place.
(3) Any person who contravenes the provisions of sub-section (1) or sub-
section (2) shall be punishable with imprisonment for a term which may
extend to three years and with fine which may extend to ten thousand
rupees.
In Young Person’s (Harmful Publications ) Act,1956, harmful publications
"means any book, magazine, pamphlet, leaflet, newspaper or other like
publication which consists of stories told with the aid of pictures or without
the aid of pictures or wholly in pictures, being stories portraying wholly or
mainly-
(i)the commission of offences; or
(ii) acts of violence or cruelty; or

(iii) incidents of a repulsive or horrible nature in such a way that the
publication as a whole would tend to corrupt a young person into whose
hands it might fall, whether by inciting or encouraging him to commit
offences or acts of violence or cruelty or in any other manner whatsoever.
Liability is on all who sells, lets to hire, distributes, publicly exhibits or in any
manner puts into circulation, any harmful publication, or for purposes of
sale, hire, distribution, public exhibition or circulation, prints, makes or
produces or has in his possession any harmful publication, or advertises or
makes known by any means whatsoever that any harmful publication can be
procured from or through any person. He shall be punishable with
imprisonment which may extend to six months, or with fine, or with.
SECTION 292 IN THE INDIAN PENAL CODE
For the purposes of subsection, a book, pamphlet, paper, writing, drawing,
painting, representation, figure or any other object, shall be deemed to be
obscene if it is lascivious or appeals to the prurient interest or if its effect, or
(where it comprises two or more distinct items) the effect of any one of its
items, is, if taken as a whole, such as to tend to deprave and corrupt person,
who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it.]
Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into
circulation, or for purposes of sale, hire, distribution, public exhibition or
circulation, makes, produces or has in his possession any obscene book,
pamphlet, paper, drawing, painting, representation or figure or any other
obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes
aforesaid, or knowing or having reason to believe that such object will be
sold, let to hire, distributed or publicly exhibited or in any manner put into
circulation, or
(c) takes part in or receives profits from any business in the course of which
he knows or has reason to believe that any such obscene objects are for any
of the purposes aforesaid, made, produced, purchased, kept, imported,
exported, conveyed, publicly exhibited or in any manner put into circulation,
or
(d) advertises or makes known by any means whatsoever that any person is
engaged or is ready to engage in any act which is an offence under this

section, or that any such obscene object can be procured from or through
any person, or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished263 [on first conviction with imprisonment of either
description for a term which may extend to two years, and with fine which
may extend to two thousand rupees, and, in the event of a second or
subsequent conviction, with imprisonment of either description for a term
which may extend to five years, and also with fine which may extend to one
lakh rupees].
(Exception) —This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or
figure— (i) the publication of which is proved to be justified as being for the
public good on the ground that such book, pamphlet, paper, writing,
drawing, painting, representation or figure is in the interest of science,
literature, art or learning or other objects of general concern, or (ii) which is
kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise
represented on or in— (i) any ancient monument within the meaning of the
Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of
1958), or (ii) any temple, or on any car used for the conveyance of idols, or
kept or used for any religious purpose.]]

UNIT – IV
MEDIA AND REGULATION:
Media in India is mostly self-regulated. The existing bodies for
regulation of media such as the Press Council of India which is a statutory
body and the News Broadcasting Standards Authority, a self-regulatory
organization, issue standards which are more in the nature of
guidelines. The former Chairman of the Press Council of India, and former
Justice of the Supreme Court, Mr. M. Katju, has argued that television and
radio need to be brought within the scope of the Press Council of India or a
similar regulatory body. We discuss the present model of regulation of
different forms of media.
PRESS COUNCIL OF INDIA
The PCI was established under the PCI Act of 1978.
The Press Council of India is a statutory, adjudicating organization
in India formed in 1966 by its parliament. It is the self-regulatory watchdog
of the press, for the press and by the press, that operates under the Press
Council Act of 1978. The Council has a chairman – traditionally, a retired
Supreme Court judge, and 28 additional members of which 20 are members
of media, nominated by the newspapers, television channels and other
media outlets operating in India. In the 28-member council, 5 are members
of the lower house (Lok Sabha) and upper house (Rajya Sabha) of the Indian
parliament and three represent culture literary and legal field as nominees
of Sahitya Academy, University Grant Commission and Bar Council of India
Complaints
The Press Council of India accepts complaints against and by the press in
matters relating to a journalist's or media organization's ethical
failures. According to Kartik Sharma, the Council can investigate and issue a
report. It also can "warn, admonish, censure or disapprove" those it finds at
fault, but it has no powers to enforce nor impose any penalty on individual
journalists and publications.

▪ Aim: It aims to preserve the freedom of the press and maintain
and improve the standards of newspapers and news agencies in
India.
▪ Composition: The PCI consists of a chairman and 28 other
members.
o The Chairman is selected by the Speaker of the Lok Sabha, the
Chairman of the Rajya Sabha and a member elected by the PCI.
▪ Functions: The functions of the PCI include
o Helping newspapers maintain their independence.
o Build a code of conduct for journalists and news agencies.
o Help maintain “high standards of public taste” and foster
responsibility among citizens.
o Review developments likely to restrict flow of news.
▪ Powers: The PCI has the power to receive complaints of violation of
the journalistic ethics, or professional misconduct by an editor or
journalist.
o The PCI is responsible for enquiring into complaints received.
o It may summon witnesses and take evidence under oath,
demand copies of public records to be submitted, even issue
warnings and admonish the newspaper, news agency, editor or
journalist.
o Decisions of the PCI are final and cannot be appealed before
a court of law.
▪ Limitations on the powers of the PCI: The powers of the PCI are
restricted in two ways.
o The PCI has limited powers of enforcing the guidelines
issued. It cannot penalize newspapers, news agencies, editors
and journalists for violation of the guidelines.

o The PCI only overviews the functioning of print media. That
is, it can enforce standards upon newspapers, journals,
magazines and other forms of print media.
o It does not have the power to review the functioning of the
electronic media like radio, television and internet media.
1. What is the Press Council of India (PCI)? The PCI was established under
the PCI Act of 1978 for the purpose of preserving the freedom of the press
and of maintaining and improving the standards of newspapers and news
agencies in India.
2. What is the composition of the PCI and who appoints the
members? The PCI consists of a chairman and 28 other members. The
Chairman is selected by the Speaker of the Lok Sabha, the Chairman of the
Rajya Sabha and a member elected by the PCI. The members consist of
members of the three Lok Sabha members, two members of the Rajya Sabha,
six editors of newspapers, seven working journalists other than editors of
newspapers, six persons in the business of managing newspapers, one
person who is engaged in the business of managing news agencies, and three
persons with special knowledge of public life.
3. What are its functions? The functions of the PCI include among others
(i) helping newspapers maintain their independence;
(ii) build a code of conduct for journalists and news agencies;
(iii) help maintain “high standards of public taste” and foster responsibility
among citizens; and
(iv) review developments likely to restrict flow of news.
4. What are its powers? The PCI has the power to receive complaints of
violation of the journalistic ethics, or professional misconduct by an editor
or journalist. The PCI is responsible for enquiring in to complaints
received. It may summon witnesses and take evidence under oath, demand
copies of public records to be submitted, even issue warnings and admonish
the newspaper, news agency, editor or journalist. It can even require any
newspaper to publish details of the inquiry. Decisions of the PCI are final
and cannot be appealed before a court of law.
5. What are the limitations on the powers of the PCI? The powers of the
PCI are restricted in two ways. (1) The PCI has limited powers of enforcing
the guidelines issued. It cannot penalize newspapers, news agencies, editors

and journalists for violation of the guidelines. (2) The PCI only overviews
the functioning of press media. That is, it can enforce standards upon
newspapers, journals, magazines and other forms of print media. It does not
have the power to review the functioning of the electronic media like radio,
television and internet media.
6. Are there other bodies that review television or radio? For screening
films including short films, documentaries, television shows and
advertisements in theatres or broadcasting via television the Central Board
of Film Certification (CBFC) sanction is required. The role of the CBFC is
limited to controlling content of movies and television shows, etc. Unlike the
PCI, it does not have the power to issue guidelines in relation to standards of
news and journalistic conduct. Program and Advertisement Codes for
regulating content broadcast on the television, are issued under the Cable
Television Networks (Regulation) Act, 1995. The District magistrate can
seize the equipment of the cable operator in case he broadcasts programs
that violate these Codes. Certain standards have been prescribed for content
accessible over the internet under the IT Rules 2011. However, a regulatory
body such as the PCI or the CBFC does not exist. Complaints are addressed
to the internet service provider or the host. Radio Channels have to follow
the same Programme and Advertisement Code as followed by All India
Radio. Private television and radio channels have to conform to conditions
which are part of license agreements. These include standards for broadcast
of content. Non-compliance may lead to suspension or revocation of license.
7. Is there a process of self-regulation by television channels? Today
news channels are governed by mechanisms of self-regulation. One such
mechanism has been created by the News Broadcasters Association. The
NBA has devised a Code of Ethics to regulate television content. The News
Broadcasting Standards Authority (NBSA), of the NBA, is empowered to
warn, admonish, censure, express disapproval and fine the broadcaster a
sum up to Rs. 1 lakh for violation of the Code. Another such organization is
the Broadcast Editors’ Association. The Advertising Standards Council of
India has also drawn up guidelines on content of advertisements. These
groups govern through agreements and do not have any statutory powers.
8. Is the government proposing to create a regulatory agency for
television broadcasters? In 2006 the government had prepared a Draft
Broadcasting Services Regulation Bill, 2006. The Bill made it mandatory to
seek a license for broadcasting any television or radio channel or program. It
also provides standards for regulation of content. It is the duty of the body
to ensure compliance with guidelines issued under the Bill.

CENTRAL BOARD OF FILM CERTIFICATION (CBFC):
Central Board of Film Certification (CBFC) is a statutory body
under the Ministry of Information and Broadcasting, regulating the public
exhibition of films under the provisions of the Cinematograph Act 1952.
Films can be publicly exhibited in India only after they have been
certified by the Central Board of Film Certification.
The Board consists of non-official members and a Chairman (all
of whom are appointed by Central Government) and functions with
headquarters at Mumbai. It has nine Regional offices, one each at Mumbai,
Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi,
Cuttack and Guwahati. The Regional Offices are assisted in the examination
of films by Advisory Panels. The members of the panels are nominated by
Central Government by drawing people from different walks of life for 2
years.
The Certification process is in accordance with The
Cinematograph Act, 1952, The Cinematograph (Certification) Rules, 1983,
and the guidelines issued by the Central Government u/s 5 (B)
U - Unrestricted Public Exhibition (Suitable for all age groups)
U/A - Unrestricted Public Exhibition - but with a word of caution that
discretion required for children below 12 years
A - Restricted to adults (Nobody allowed under the age of 18.)
S - Restricted to any special class of persons
Guidelines
The board's guidelines are:
• Anti-social activities (such as violence) may not be glorified
• Criminal acts may not be depicted
• The following is prohibited:

o a) Involvement of children in violent acts or abuse
o b) Abuse or ridicule of the physically or mentally handicapped
o c) Unnecessary depictions of cruelty to animals
• Gratuitous violence, cruelty, or horror
• No scenes encouraging alcohol consumption, drug addiction or
smoking
• No vulgarity, obscenity, depravity, double entendres or scenes
degrading women, including sexual violence (as much as possible)
• No denigration by race, religion or another social group
• No promotion of sectarian, obscurantist, anti-scientific and anti-
national attitudes
• Relations with foreign countries should not be affected.
• No national symbols or emblems, except in accordance with the
Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of
1950)
PRESS INFORMATION BUREAU (PIB)
The Press Information Bureau, commonly abbreviated as PIB, is a nodal
agency of the Government of India. Based in the National Media Centre, New
Delhi, Press Information Bureau disseminates information to
the print, electronic and web media on government plans, policies,
programme initiatives and achievements.
History
The Press Information Bureau was established in June 1919 as a
small cell under the Home Ministry under the British government. Its main
task was to prepare a report on India to be placed before the British
Parliament. It was then located in Shimla.
The first head of the publicity cell was Dr. L.F. Rushbrook
Williams of Allahabad University who was designated as Officer on Special

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