2. - 2 - 3. Freedom of Press & Democracy – Relationship. a) I will prefer Newspapers without a Govt . rather than a Govt. without Newspapers - Thomas Jefferson – U.S. A b) If democracy means Govt. by the people elected on the basis of public issues, the people must have freedom to discuss public issues and to express their judgment. c) Authority is to be controlled by Public opinion and not the other way. d) Democracy cannot function unless the people are well informed and free to participate in public issues by having the widest choice of alternative solutions of the problems. e) Democracy based on free election and reasoning cannot function where there is no freedom of speech and expression. f ) The function of the Press is to expose abuses of power and corruption of public officials/peoples representatives. …… 3/-

18. FUNDAMENTAL DUTIES - These were added by making 42 nd Amendment in 1976. (Art. 51 A) – a) All citizens will abide by the Constitution, b) To cherish and follow Noble Ideals which inspire our National struggle for Freedom. c) To defend the country and render national service when called upon, d) To promote harmony and sprit of common Brotherhood among all People of India. DIRECTIVE PRINCIPLES – These are not Justiciable. But these are fundamental in Governance of the country. a) The State shall Strive to promote Welfare of People. b) State shall Strive secure the right of the man and women to adequate means of livelihood , equal pay for equal work .

21. -2- 3. EXEMPLES OF DEFAMATION : Imputation of illegitimacy, unchastety to married women, false statement of rape and a statement that a person was ‘acquitted’ of a crime with which he was never charged. Calling a person cheat, womaniser or of loose character is also defamation. 4. Defenses available : a) Justification, b) Fair Comment, c) Privilege i) Justification - Truth is a complete defense. The purpose of publication is irrelevant. The burden of proof to prove the statement is true is on defendant ii) Fair Comment - Nothing is defamatory which is a fair comments on a matter of public interest. The defendant must show that publish material relate to public interest, they are comment and not facts and the comment is fair. iii) Privilege - It arises out of circumstances, position of a person and nature of his responsibility to the public. There are two types of privileges Absolute and Qualified.

24. - 5 – iv) It is not defamation to express in good faith opinion about decision of the court. vi) It is not defamation to express in good faith any opinion about the merits of any performance for the public (Drama, Dance, Book review etc.) vii) It is not defamation if a person is having over another any authority either by law or by lawful contract. when he passes any remarks on the conduct of other person in good faith. viii) It is not defamation to make an accusation against any person over whom the dependent has lawful authority . ix) It is not defamation to make an imputation in good faith on the character of another person. If that imputation is to protect the interest of the person making it or for public good. x) It is not defamation to caution in good faith a person against another. That caution should be for the good of the person to whom it is conveyed

25. - 6 - 8. PUNISHMENT : Section 500, 501 & 502 spells out punishment for defamation, Printing / engraving defamation matter and sale of defamatory material.

26. CONTEMPT OF COURT INTRO : The need for contempt of court Act in a democracy is important. To safeguard the faith of the people in the court and process of justice it is necessary that the prestige, respect and honor of the court should be maintained as high as possible. The Contempt of Court Act 1971 was passed to define and limit the power of certain court in punishing the Contempt of Court. Article 129 of the Constitution of India empowers the supreme Supreme Court to punish any contempt of it self. Article 215 give similar powers to the High Court. The contempt is of two types - Civil and Criminal 1. Civil Contempt : Willful disobedience to any judgment, decree, order, Writ or other process of a court or willful breach of an undertaking given to court.

28. - 3 - 4. What is willful and what is not willful disobedience? It is not necessary whether a person was aware of the Judgement /Court order if he was a party in the case. Serving a notice to him is not necessary. (P. 560). 5. Disobedience - It is not disobedience to file objections to the execution of the proceeding, not producing a documents which was not in his custody. 6. Punishment - General view on Contempt of Court. The power of punishment for contempt should be exercised with care. It should not appear that the court is exceeding its limit. 7. Criminal Contempt - It is more serious than the Civil contempt. Alleging partiality, corruption, bias, improper motives to a Judge is scandilazation. Scandilazastion Judiciary as a whole or a Judge. It is immetarial whether scandilazasation of a Judge releates in his functions as Judge. In a Judicial capacity or puravely administrative or in even non adjudicatory matters. (P.574)

34. THE PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION ) ACT 1977 INTRO : No person shall be liable to any judicial action in any court about publication in a news paper of a substantially true report of any proceedings of either house of the parliament. If the publication is proved have been made with malice action can be initiated. This Act also apply to the Radio and TV broadcast. @@@

35. OBSCENITY INTRO : It is necessary to have some control over publication of indecent and obscene material to safeguard the morality, ethics and good taste of the people also to safeguard young generation being exposed to obscene material. But what is obscene to one person may not be obscene to other. But there has to be some rule or standard for obscenity. It is not sex but the manner in which it is portrayed makes a publication obscene. Sec. 292 of IPC uses the term Obscene and Decency which includes any thing which an ordinary decent man /woman would find to be shocking, disgusting and revolting . The language used should not excite thoughts of lust. (P.106-108)

36. - 2 – Section 292 IPC – Definition : Any material / photographs if it is lascivious or appeals to the prurient interest , is consider as Obscene. The test here is that it effect is tend to deprave and corrupt a person. I) Whoever Sells, lets to hire, distribute, publicly exhibits or circulate or in possession any obscene book, pamphlet, paper, drawing, painting or any other obscene objects ---. II) Import exports or hire any obscene material ---- III) Takes parts or receive profit from any business dealing in obscene material IV) Advertises that any person is engage in any act which is an offence under this section. V) Offer or attempts to do any act which is an offence under this section.

37. - 3 - 2. PUNISHMENT : On first conviction imprisonment upto two years and /or fine. On subsequent conviction imprisonment upto five years. 3. EXCEPTIONS : a) Publication is in the Public Interest – b) In the interest of Science, Literature, Art or Learning. c) Bonafied use of Religious purposes. d) Any Sculpture, Engraved, Painted, Material in Ancient Monument . e) Any Temple, or on any car used for conveyance of idols or kept and used for religious purpose. Note : It is not the intention of the writer but the effect on the readers is the test of obscene. The class of persons who likely to read such publication is important. The Court has to considered moral standard of the society.

40. - 6 - 10. Section 153A . Who ever by words spoken or written or by signs…. Attempts to promote disharmony or feeling of enmity , hatred or ill will between different religious, racial language or regional groups or casts or communities or commits any act which is pree judicial to the maintain of harmony or disturb public tranquility. Any body who organises an exercise movement or drill or similar activity likely to use criminal force or violence against any religious racial etc groups. Who ever commits an offence as stated above in any place of worship shall be punished. *****

41. THE YOUNG PERSONS (HARMFUL PUBLICATIONS) ACT 1956 INTRO : 1. This Act is mainly against horror comics and penalises the advertisement, sale, distribution, circulation etc of ‘Harmful Publication’. Any publication which portrays :- i) The commission of crimes ii) Acts of violence or cruelty iii) Incidents of repulsive nature which would tend to corrupt a child / young person in whose hands it might fall. Such publication likely to encourage anti-social or criminal tendencies among children. (P.430)

42. - 2 - 2 . The Govt. may forfeit such publication by an order. The storing, selling, advertising, circulating of such harmful material is an offence. @@@

43. CHILDREN ACT 1960 Definition :- In this Act child means a boy who has not attained a age of 16 and a girl an age of 18 years. Provision :- No report in any news paper, magazine/news sheet of any inquiry regarding a child under this Act shall disclose the name, address or school or any particulars to identify the child. No picture to be published. If any authority feels that such disclosure is in the interest of the child may permit the disclosure of identity of the child. (P. 518) @@@@

45. COPYRIGHT ACT OF 1957 INTRO : Under the General law of Property , whatever a man produces by the application of his labor, intellect or skill , is his property. The law of copyright gives intangible right of property, if it is original work. With the growth and development of media and readers hunger for reading. Copyright act is important to protect individuals work by way of providing damages, injunction and criminal prosecution to prevent the owner of copyright being deprive of his property. The basic principal of property right is also applicable to the Copyright Act when it is interpreted and applied. Copyright is the right which a person acquires in a work which is the result of his intellectual labor. This law is to protect from taking away by other people the fruits of a mans work, labor, skill or test. Piracy has become global problem. Piracy of printed word, sound recording and cinematography film is common. The aim of pirate is to make quick money and avoid payment of legitimate taxes and royalties. In India alone about four hundred titles are pirated every year and tax evasion amount to about eleven thousand corers.

46. 1. What is not Copy : What can not be the subject of individual property can not be the subject of copyright. e.g. Ideas subject matter, themes, plots or historical facts, because they are coman property . The copyright act protects not the originality of one’s idea, thought or information but the originality of his expression of such idea in a particular form . (P.178) One of the test to determine whether the copyright has been violated or not is to see if the reader, having read both the works is clearly of opinion that the subsequent work appears to be a copy of the original. Registration of the work is not a condition for acquiring copyright.

47. i) Violation of copyright is actionable without proof of actual damage ii) Violation of Act is actionable irrespective of intention of the defendant. Innocence of motive is no defense of infringement of copyright iii) Since copyright constitutes a right of property its rights can be transferred to the parties by operation of law like assignment to other, by will, relinquishment by giving notice to the Registrar, transmission by law to legal heir on the death of the owner, granting a licences. iv) The Act gives power to permit the owner of any literary, dramatic or musical work to reproduce, to publish, to perform in public to translate, to make a film or use in radio and make an adoption of original work. v) Registration of the work is not necessary to acquire copyright vi) The Act does not impinge on the freedom of trade or business it protect property. The copyright Act is monopolistic by protecting exclusive rights of the owner. The Act should not become oppressive therefore certain conditions have been impose (P. 176)

51. INTERNATIONAL COPYRIGHT ACT INTRO : Under Sec 40 of the Copyright Act, 1957 the Govt. has issued the order about international copyright act provisions in India. At Berne (Germany) a countries was held of about 120 countries. They formed Copyright Union and made rules to avoid piracy in inter national work of literature, music, films etc.

52. RIGHT TO INFORMATION (RTI) ACT INTRO : The fundamental right of freedom of speech and expression is meaningless without authentic information made available to the public. This is necessary to form opinion and discuss matters of public interest which is necessary for democracy. The universal declaration of Human Rights also stress on RTI. PURPOSE : To have transparency, accountability in working of the Govt. / authority. To promote grater openness in the working. DEFINITIONS : Govt., Central Information Commission, PIO, Information, Public authority, Record and Right to Information

54. b) Information forbidden by any court of law / tribunal c) Information causing breach of privilege of parliament / State Legislature. d) Information including commercial confidence, trade secret or intellectual property. e) Information available to a person in his fiduciary relationship. f) Confidential information received from a foreign Govt. g) Information, the disclosure of which would endanger the life / physical safety of any person or identify the source, assistance given to law enforcing agencies. h) Information which will impede process of investigation or production of offenders. j) Information which has not relationship to any public activity or interest or likely to invade privacy of the individual

58. REPRESENTATION OF THE PEOPLE ACT 1951 The following shall be deemed to be corrupt practices :- a) Bribery - Offering any gift, offer or promise to any person inducing him to stand or not to stand or withdraw from being a candidate or to a voter b) The Appeal by a candidate or by a agent to vote or refrain from voting on the ground of his religion, race, cast, community or language. c) Appeal to Religious Symbols or National Flag / Symbols to increase the prospects of elections of a candidate or affecting the election of other candidates. d) To promote feeling of enmity or hatred between different class of citizens of India on grounds of religion, race, cast. Community or language by a candidate or his agent.

62. THE PRESS AND REGISTRATION OF BOOKS ACT (1867) INTRO : The objects of this Act is to secure information about printing establishments and their publications, to preserve copies of every books and news paper printed in India, to regulate printing press and news papers and to prevent publications of anonymous literature (P. 333) PROVISIONS OF THE ACT : 1. Particular of printer, publisher to be printed on books / news papers. (P. 335). 2. Keeper of Printing Presses to make declaration before the Magistrate (P.336)

67. - 3 - ADVISORY PANEL To enable the board to function effectively under the Act of the Central Govt. may establish Regional Centers as required and constitute advisory panels to the centre. It is duty of the advisory panel to examine the film and make recommendation to the board. The members of the panel are eminent persons in the field of film, drama, art, literature etc. They are not given any salary but honorarium and allowances. Members of the board and advisory panel are consider to be public servant. No suit or legal action can be starter against the Central Govt. / The Board/ Advisory Panel which is done in good faith .

72. THE DELIVERY OF BOOKS AND NEWS PAPERS (PUBLIC LIBRARIES) ACT – 1954 INTRO : This Act is made to ensure that national and public libraries in the country receive every copy of news paper and book published in the country. The publisher of every news paper / book shall deliver at his own expenses one copy each of the news paper / book published to each of public library as notified by Central Govt. (P. 395). Only three libraries at Kolcutta, Chennai and Mumbai were notified as a public library. @@@

73. PROMOTING ENMITY BETWEEN DIFFERENT GROUPS SEC 153A INTRO : The objects of Sec 153A is to prevent breaches of the Public tranquility. Whoever….. Promotes on grounds of religion race, place of birth, language, cast etc. Disharmony or enmity between different religious, racial, language etc groups OR commits any Act Prejudicial to the maintains of harmony between…… or disturbs public tranquility or organizes any exercise, movement or similar activity where participant shall use criminal force or violence…. (P. 274) SEC 153 B - Accusation on a group, cast / community that they cannot have faith and allegiance to the constitution of India (P. 277)

74. SEC 292 (OBSCENITY) (P. 281) SEC 295 A - Outraging the religious feeling of any class of citizens of India. SEC 499 ( DEFEMATION) @@@

75. - 2 - 3. Rules as to publication of news papers :- (a) No news paper shall be publish in India except in accordance with following rules :- i) Every copy of the news paper shall contain the names of the owner, editor, publisher and date of publication. ii) Owner / publisher to make declaration of title of the news paper, language and periodicity (P.-340) iii) The printer shall deliver two copies of the News Paper to the competent authorities REGISTRATION OF BOOKS (P. 354) PRESS REGISTRAR AND HIS DUTIES (P. 356) ****

76. INDIAN TELEGRAPH ACT – 1885 INTRO : The Act empowers the Govt. to take over telegraph office in the public interest. During emergency any massage to be transmitted or already sent can be intercepted. The massages sent by the accredited correspondent of the press shall not be intercepted unless authorised by the authority. The Act also prohibits entry of unauthorised person into the signal room or telegraph office of the Govt. Entry given in the compound of the such office is also an offence. (P. 365 & 366) &&&&

77. THE DRAMATIC PERFORMANCE ACT 1876 INTRO : This Act empowers the Govt. to prohibit public performance of any drama which is scandalous, defamatory, seditious or obscene. PROVISION - SECTION 4 : The order can be served on any person about to take part in prohibited dram, and on the owner of the place were such drama is being performed. Disobedience of the order is punishable on conviction (P. 362). ****

78. THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENT ) ACT 1954 INTRO : The Act deals with indecency or morality and to save people from being duped to purchase medicines by such advertisement. Magic Remedy includes a Talisman, Mantra, Kavacha and any other product which is alleged to have miraculous powers for cure or treatment or prevention of any disease in human being or animal or for affecting / influencing the structure or any organic function of the human body or an animals. The Act prohibits misleading advertisement about drug which directly or indirectly gives false impression about true character of the drug, makes a false claim for the drug or is other wise false or misleading in any material (P.400). *****

79. THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT 1990 INTRO : Since independence there was a demand for making Radio and TV free from Govt. control. No Govt. was really interested to loose the control over these powerful mass media. The Govt. empower will always tell the parliament that ‘the functional autonomy was already with Radio and TV’. Mass Media should be free from any control to do its job freely of informing the people without bias or pressure. People should not be influenced by Govt./ authority by using mass media. Autonomy is mainly concerned with news and current affairs and not for drama, music, entertainment etc.

82. - 4 - 5. TENURE OF MEMBERS : The Chairman shall be a part-time member and shall hold office for six years from the date he assumes the charge. The Executive Member and other two members will be full time and hold charge for six years from the date they assume the office or attain the age of 62 years which ever is earlier. The tenure of part-time members will be six years but two of members shall retired on the expiration of every two years. The term of elected member shall be two years or till he ceases to be an employee of the Corporation which ever is earlier.

84. 9. PARLIAMENTARY COMMITTEE : A Parliamentary Committee of twenty two members ( 15 from Lok sabha and 7 from Rajya Sabha) will be formed to oversee the working of the Corporation as per the Act. 10. BROADCASTING COUNCIL : It consist of a President and ten other members appointed by the President of India. They are person of eminence in public life. Four members of parliament two each from Lok sabha and Rajya Sabha. The Council receive and consider complaints from any person about functioning of the Corporation 11. POWERS OF CENTRAL GOVT . : The Central Govt. may issue from time to time directions in the interest of Sovereignty, unity and integrity or Security of India etc. Such direction will be placed before the parliament.

89. ADVERTISING COUNCIL OF INDIA INTRO : There was a need for self regulation in advertising to keep standards. The Advertising Standards Council of India adopted the code for self regulation on Nov 20, 1985. It was amended in Feb 1995 and in June 1999. The purpose of the code is to control the content of advertisement, not to hamper the sale of products which may be found offensive by some people. If the advertisement for such products are not themselves offensive, there will be no objection in the court. This code has been drawn up by people in profession and industries connected with advertising to achieve the acceptance of fair advertising practices in the interest of altimate consumer. The code applies to advertisers, agencies and media. REGULATIONS : A) To ensure the truthfulness and honesty of representation and claims made by advertisements and to safeguard against misleading advertisements.

91. STANDARDS OF CONDUCT : Advertising is an important and legitimate means for the seller to awaken interest in his products. The success of advertising depends on public confidence. Hence no practice should be permitted which tends to damage this confidence. The standards laid down by the council are minimum standards which can be reviewed from time to time. (P. 529 Iyer) @@@ PUBLIC RELATIONS SOCIETY OF INDIA (PRSI) NATIONAL UNION OF WORKING JOURNALISTS(NUWJ)

94. THE NEWS PAPER (PRICE AND PAGE) ACT 1956 INTRO : This Act was passed for the purpose of preventing unfair competition among news papers. The Govt. can pass an order regulating the prices, maximum number of pages or area for advertisement etc. This Act was struck down by the Supreme Court in in Sakal News paper vs. Govt. (P. 800) @@@

95. THE NEWS PAPER (INCITEMENT TO OFFENCES) ACT 1908 INTRO : This is to avoid news paper indulging in inciting violence or murder or such Acts. This was passed during British Govt. but still continuing. It gives powers to the Magistrate to seize the copies and seal the printing press. (P. 802). @@@

96. THE INFORMATION TECHONOLOGY ACT 2000 INTRO : An Act to provide legal recognition for the transactions carried out means of electronic data interchange and other means of electronic communication (Electronic Commerce) DEFINITIONS : (P. 317 Iyer ) DIGITAL SIGNATURE : (P. 321 Iyer) – Electronic Governance, Regulation of certifying authorities (P. 326) CYBER REGULATIONS APPELLATE TRIBUNAL (P. 338 Iyer) OFFENCES : (P. 342) – Tampering with computer source documents : Any body knowingly destroys or alter or conceal any computer source code, computer program, computer system or network shall be punishable with imprisonment upto 3 years or fine.

97. Hacking with Computer System : Any body causes loss or damage to the public or any person, destroys or deletes or alters any information in a computer resource or diminishes its value or utility – commits Hacking. The Hacker will be punished upto 3 years or fine . Publishing Information in Electronic Form which is Obscene : Any body publishes or transmits in the electronic form which is lascivious or appeals to the prurient interest shall be punished on first conviction with imprisonment upto 2 years and fine. Certifying Authority : It means a person who has been granted a license to issue a digital signature certificate under Section 24. Digital Signature (P. 321 Iyer) It means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance in Section III

98. Controller : The Central Govt. may by notification appoint a Controller for purpose of this Act who will be assisted by Dy. Controller or Asst. Controller. Duties of the Controller : Supervision over the activities of Certifying Authority. Certifying public keys of the Certifying Authority. Laying down the standards to be maintain by the CA. Specifying the qualification and experience for employees of CA. Specifying the condition with CA will observed. Specifying the form and content of a digital signature. POWER OF POLICE OFFICERS TO ENTER AND SEARCH (P. 346 Iyer)