SUBJECT: INTRODUCTION TO MASS MEDIA AND JOURNALISM

[INTERNAL ASSESSMENT OF 4
TH
SEMESTER ]

[PROJECT TOPIC: PRESS HISTORY: 200 YEARS OF THE INDIAN PRESS ]
SUBMITTED TO: MRS. ASHU MAHRSHI SUBMITTED BY: AKASH SHRIVASTAVA
ASSISTANT PROFESSOR OF LAW 0
TH
SEMESTER

SEEDLIN! SCHOOL OF LAW AND !OVERNANCE
JAIPUR NATIONAL UNIVERSITY
1
TABLE OF CONTENTS
INTRODUCTION ..............................................................................................................................."
THE #$$ RE!ULATIONS ..............................................................................................................."
RIFT IN COUNCIL ...........................................................................................................................4
PRESS RE!ULATIONS REPEALED ..................................................................................................4
THE !A!!IN! ACT .......................................................................................................................%
THE UNDER!ROUND PRESS: $". $42. $#%.............................................................................&
THE ROWLATT ACT AND ITS AFTERMATH....................................................................................$
MEDIA AND COMMUNICATION.....................................................................................................0
MEDIA AND COMMUNICATION LAWS IN INDIA..........................................................................
FREEDOM OF PRESS......................................................................................................................
THE PRESS AND RE!ISTRATION OF BOOKS ACT' (&#..............................................................
THE NEWSPAPER )PRICES AND PA!ES* ACT' $%&....................................................................2
THE PRESS COUNCIL ACT' $#(..................................................................................................2
THE CONTEMPT OF COURTS ACT' $#.....................................................................................2
THE RI!HT TO INFORMATION ACT' 200%..................................................................................."
THE LAW OF COPYRI!HT............................................................................................................"
TRAI+S DTH RE!ULATION.........................................................................................................4
ADVERTISIN! STANDARDS COUNCIL OF INDIA..........................................................................4
THE PRASAR BHARATI )BROADCASTIN! CORPORATION OF INDIA*.........................................%
THE TELECOM RE!ULATORY AUTHORITY OF INDIA................................................................%
CABLE TELEVISION NETWORKS RE!ULATION...........................................................................%
LAW RELATIN! TO OBJECTIONABLE ADVERTISEMENTS OF DRU! AND MA!IC REMEDIES. .&
LAW RELATIN! TO DELIVERY OF BOOKS AND NEWSPAPERS TO PUBLIC LIBRARIES ............&
THE PRESS COUNCIL OF INDIA,S NORMS OF JOURNALISTIC CONDUCT...................................#
LAW RELATIN! TO OFFICIAL SECRETS......................................................................................#
CONDITIONS OF SERVICE OF THE WORKIN! JOURNALISTS AND OTHER NEWSPAPER
EMPLOYEES...................................................................................................................................#
CINE WORKER+S WELFARE CESS ...............................................................................................(
CINE WORKERS WELFARE FUND................................................................................................(
LAWS RELATIN! TO THE PRESS..................................................................................................(
.CONSTITUTION OF INDIA.......................................................................................................(
2.PRESS LAWS-ACTS.................................................................................................................(
".RELEVANT PROVISIONS OF INDIAN PENAL CODE' (&0.....................................................20
4.RELEVANT PROVISIONS OF CR. P.C.' $#" )ACT NO. LI OF $#4*....................................2
2
INTRODUCTION
The two-hundred-year history of the Indian Press, from the time of Hicky to the present day, is
the history of a struggle for freedom, which has not yet ended. There have een alternating
periods of freedom and of restrictions on freedom amounting to repression. The pioneering
works on the Indian Press, like that of !argarita "arns, were stories of aritrariness and
despotism, of reform and rela#ation. The story of the Indian Press is a story of steady e#pansion
ut also one of Press laws.
$ames %ugustus Hicky had to fight for freedom from the time he started the
"engal &a'ette on $anuary 2(, 1)*+. He introduced himself as the first and late printer to the
Honorale ,ast India -ompany though he did not seem to have en.oyed a high reputation. I have
no particular passion for printing of newspapers/ I have no propensity I was not for a slavish life
of hard 0 pork, yet I take a pleasure in enslaving my ody in order to purchase freedom for my
mind and soul. His two-sheet &a'ette was a weekly political and commercial paper open to all
parties ut influenced y none, speciali'ing in the e#posure of the private lives of servants of the
-ompany including the governor-general, 0arren Hastings. He was sued for liel, fined and
imprisoned, edited his &a'ette even from prison, and was ultimately impoverished.
Hicky was a pioneer and he had several followers. There was no freedom of the Press as such
then/ there were no Press laws. There was oth censorship and pre-censorship. There was a law
of liel ut few oserved it. The Press worked in a no-man1s land like the -ompany itself. Hicky
and his followers were pioneers of scurrilous writing, as well as pioneers of freedom.
THE #$$ RE!ULATIONS
In !ay 1)((, the first Press regulations were issued re2uiring newspaper to carry the names of
the printer, the editor and the proprietor, who were to declare themselves to the 3ecretary to the
&overnment and to sumit all material pulished in newspapers to his scrutiny. The 3ecretary
was the censor and immediate deportation was the punishment for reach of the rules. 0ellesley
was at this time fighting Tipoo and the 4rench, and later the 3econd !aratha 0ar. 5estrictions
were imposed from time to time for non-oservance of pre-censorship and censorship rules.
,ditors were repeatedly warned. In 1*1*, pre-censorship was aolished as 6ord Hastings,
governor-general, wanted to throw the responsiility wholly on editors.
$ames "uckingham and 5a.a 5ammohan 5oy were great fighters for freedom of the Press at this
period. Hastings was lieral ut $ohn %dam, -hief 3ecretary, was not. In a statement e#plaining
7
his order for the deportation of "uckingham, he said he o.ected 8tohe assumption y an editor
of a newspaper of the privilege of sitting in .udgement on the acts of &overnment and ringing
pulic measures and conduct of pulic men as well as the conduct of private individuals efore
the ar of what "uckingham and his associates miscall pulic opinion. 0hen %dam ecame
%cting governor-general, he was responsile for the first Press ordinance in India, which was
approved y the -ourt of 9irectors. In essence, the ordinance re2uired that all matter printed in a
Press or pulished thereafter should e printed and pulished under a licence from the &overnor-
&eneral-in--ouncil signed y the -hief 3ecretary to the &overnment. !agistrates were given
immense powers and severe penalties were provided for the circulation of proscried literature.
The regulations promulgated y %dam were apparently directed against newspapers pulished in
the Indian languages and edited y Indians. 5am !ohan 5oy1s !iratul-%khar ceased
pulication in protest. ,ven the "ritish-owned ,nglish language newspapers received warnings
periodically.
RIFT IN COUNCIL
6ord 0illiam "entinck, who introduced radical reforms in other fields and was helped y a
6ieral regime in "ritain, saw the advantage of newspapers pulished in the Indian languages
working for social reform and rela#ed restrictions imposed on the Press and introduced a lieral
policy to. wards the Press. In this he was greatly influenced y 3ir -harles !etcalfe, a memer
of his -ouncil.
0hen !etcalfe ecame %cting governor-general, he was helped y !acaulay and freed the
Press and made ,nglish the official language. !etcalfe, in a note, said I take it as universally
granted that the Press ought to e free, su.ect, of course, to the laws, provided that it e not
dangerous to the staility of our Indian ,mpire. He further said: ;I have, for my own part, always
advocated the lierty of the Press, elieving its enefits to outweigh its mischiefs/ and I continue
of the same opinion.; "ut the governor-general<s -ouncil decided y a ma.ority in favour of
imposing restrictions.
PRESS RE!ULATIONS REPEALED
%s governor-general, !etcalfe followed the policy he had advocated as memer of the -ouncil.
!acaulay, as memer of the -ouncil, supported him and wrote in a note: ;0e are e#posed to all
the dangers, dangers I conceive, greatly over-rated of a free Press/ and at the same time we
continue to incur all the opprorium of a censorship.; The "engal Press 5egulations of 1*27 and
the "omay Press 5egulations of 1*2= and 1*2) were repealed and a new %ct was passed y the
governor-general with the unanimous support of his -ouncil. The -ourt of 9irectors were angry
>
with !etcalfe for having sustituted the new law for the old without a reference to them.
!etcalfe was not confirmed as governor-general. "ut 6ord %uckland, who succeeded him, did
not reverse his policy. There was no change in the &overnment<s policy towards the Press from
1*7? to 1*=?, the period covering the &overnor-&eneralships of %uckland, ,lienorough,
Hardinge and 9alhousie. %ct @o. AI of 1*7=, passed y !etcalfe, allowed the Press to develop
rapidly in "engal, "omay, !adras and the @orth-0est Provinces. This progress was
interrupted y the &reat 5eellion of 1*=) for which seditious writings and the tone of the
vernacular Press were considered to have een preparing the ground.
THE !A!!IN! ACT
Bnder -anning, Cueen Dictoria<s proclamation and his later policy of clemency, an %ct for
regulating the Press re-enacted with slight modifications the provisions of the %dam regulation
of 1*27 for the whole of India. The provisions of the !etcalfe statute were also retained. The
new %ct thus restored the system of licences in addition to the e#isting registration procedure.
This was called the &agging %ct. %fter he ecame Diceroy and power was transferred from the
-ompany to the -rown, -anning responded to the spirit of the new times and the Press felt
somewhat free again.
6ord 6ytton ecame the Diceroy in 1*)? and made his regime notorious for the Dernacular Press
%ct. He had a pile of documents efore him on the transgressions of the Indian languages Press.
The new %ct1s main o.ects were to place newspapers pulished in the languages of India under
;etter control; and to furnish the &overnment with more effective means of pulishing and
discouraging seditious writings calculated to produce disaffection towards the &overnment in the
minds of the ignorant population. The %ct e#cited fierce criticism. In 1**+, the 6ierals came to
power in "ritain and &ladstone, who had denounced the %ct, was Prime !inister. The new
Diceroy, 5ipon, was instructed to repeal the %ct. It was a period of rela#ation. The Indian
@ational -ongress was founded. !ill, "right and !orley gave hope to Indian leaders.
The suse2uent periods of strain for the Indian Press were during the days of the Partition of
"engal, the 4irst 0orld 0ar, &andhi1s movements, the 3econd 0orld 0ar and the Cuit-India-
!ovement. Bnder the Press ,mergency Powers %ct, which was for long on the statute ook, and
the 9efence of India 5ules, independent papers suffered. %fter Independence too, the Press had
to e vigilant. There was a attle over amendment of article 1(E2F. The most recent struggle was
during the ,mergency. The case for making freedom of e#pression and information more
fundamental under the -onstitution is efore the 3econd Press -ommission. There should e
some permanent normalcy for the Press in all conditions, though it re2uiries reform and self-
=
regulation. It does not deserve to e su.ected to alternate fits of lieralism and repression, which
has een its history.
THE UNDER!ROUND PRESS: $". $42. $#%
9uring the Independence struggle our foreign rulers did not allow the pulication of anything
they considered Gseditious1. @aturally, those who had their stakes in such Gseditious1 material had
to resort to underground pulications. The printing presses were not in aundance in those days.
%lso, most press owners were reluctant to print anti-&overnment literature. However, the
Gseditious1 ooks were pulished regularly, and anned as regularly y the "ritish 5ulers.
Interestingly, it was seldom that any press was confiscated for the pulication of suversive
literature, @ewspapers and .ournals could even pulish some of the news or incidents connected
with the freedom struggle. 4or e#ample, &andhi.i1s 9andi !arch to violate 3alt 6aws was
reported in all the papers. "ut complete censorship was imposed on the vernacular Press when
&andhi.i1s arrest led to country-wide disturances and the detention of aout ?+,+++ persons.
The arrests of persons connected with overground pulications led the freedom-fighters to
pulish everything in the underground. 9uring the 1 (7+s the weekly 3wadhinata of -alcutta
regularly pulished news of the freedom struggle. 4our of its editors were convicted and the
paper was ultimately anned from %pril 11, 1(71 ut Gseditious1 reports kept eing reproduced
and circulated secretly. 3imilarly, when the "engali daily 3andhya was anned, it continued to
e pulished secretly. The "engali weekly $ugan tar used to preach revolution openly. 0hen
four of its editors were consecutively convicted, the paper started its pulication secretly. This
indicates that the pulishers and distriutors of underground pulications had a close-knit
organisation manned y dedicated and resourceful persons. The situation was a it different in
1(>2. %fter the -ongress 0orking -ommittee passed its famous GCuit India1 resolution on
%ugust ( in "omay, &andhi.i and other -ongress leaders were arrested. The "ritish
&overnment imposed certain restrictions on the Press regarding the coverage of news and
comments relating to the mass movement that was launched after the arrest of the -ongress. "ut
due to loopholes in the restrictions the ma.or papers of the country could pulish the news of the
arrest of the leaders and of demonstrations and protests in the country.
These were pulished prominently on the front page of the nationalist dailies. @ewspapers could
also report the manner of the leaders1 arrests. -ritical comments against the "ritish &overnment
also appeared in many newspapers. There was no such thing as pre. censorship. @aturally, there
was less need for an underground Press in 1(>2. However, much underground literature was
pulished and circulated y different groups who could not escape the ire of the "ritish
?
administration, loopholes or no loopholes. The -ongress 3ocialist Party, the 5evolutionary
3ocialist Party, 4orward "lock and the 5evolutionary -ommunist Party were some such groups.
The situation was entirely different when the internal ,mergency was imposed in the country on
$une 2?, 1()= and suse2uent amendments were made in the !I3% to detain any person without
trial. The &overnment suppressed transmission of news from one place to another y imposing
censorship on newspapers, .ournals, radio, TD, tele#, telegrams, news agencies and on foreign
correspondents. ,ven teleprinter services were su.ected to pre-censorship. The censorship was
total and unparalleled in Indian history. - The news agencies had to get all the news censored in
9elhi efore transmission. @ewspapers again had to sumit already censored news for re-
censorship in their respective head2uarters. ,ven the contents of advertisements, cartoons etc.
were su.ected to either precensorship or censor guide lines.
The circulation of foreign papers was also su.ected to censorship. The Press Information "ureau
was assigned the .o of reading all foreign papers and .ournals and was empowered to order
confiscation if necessary. % large numer of foreign .ournalists were e#torted as they refused to
send news according to the dictates of the then Press %dviser to the &overnment of India. %s a
result there was a complete lack-out of all truthful news. @ewspapers could not pulish the
news of arrests of the opposition leaders or of what was happening in the country. 4or the first
few days the people had to rely solely on foreign radio and rumours. Hf course, The Hindusthan
3tandard of -alcutta, !otherland of 9elhi, some papers in Tamil @adu, the @orth "engal edition
of %nanda "a'ar Patrika and one edition of The 3tatesman, E-alcuttaF could pulish the news of
the arrests of the Hpposition leaders,. ut people in general were unaware of those arrests.
People were hungry for news. "ut the prolem of collecting information was as serious as the
pulication and distriution of underground literature. The police took to arresting people at mid-
night. 6etters were taken from Post Hffices without informing the addressees, telephones were
tapped and police informers sent everywhere. %n all round fear-psychosis was created. It was not
an easy .o for any printing press to pulish underground literature. The risk of eing arrested
was always there. There was also a risk of the press eing sealed y the police. 9istriution of
literature was also a serious prolem : how and to whom the literature would e sentI How to
know who were the sympathisersI The cost of distriution proved to e very high compared to
the cost of pulication. Initially, most of the newssheets were cyclostyled. In the asence of hard
news, newssheetswriters relied on foreign radios and the so-called Ginformation1 supplied y
their known persons. There were references to articles printed in foreign papers. The distriution
)
of 'ero# copies of relevant news and articles from foreign papers started in "omay. %fter a few
months the pulication of underground literature in India ecame a little organised. The
e#istence of non--ongress &overnments in &u.arat and Tamil @adu helped such pulications.
The Tamil language papers remained free for some time to pulish news against the ,mergency
rule. % large numer of Indians residing in the B.J., -anada, the B.3.%. and elsewhere
organised themselves along- with the lieral democrats or E&u.aratiF, 5adical Humanist, these
countries to hold protest Himmat, $anata, Cuest, Tughlak meetings and demonstrations, TamilF,
9aily !orosoli ETamilF, the pulish ooklets, .ournals and news- Indian ,#press, The 3tatesman,
sheets in those countries and to People edited y @. &. &ore advertise in papers like the Times of
after the stoppage of pulication of 6ondon against the dictatorial regime $anata, uncensored
Jolkata, #ero# in India. They formed the ;4ree copies of Indian news pulished in $.P.
-ommittee; in ,ngland, the foreign Press, anti-,mergency ;-ommittee for 4reedom; and the
pulications y Indians aroad like ;-ommittee for -ivil 6ierty in 3wara.ya E,nglandF,
3atyavani, India; and regularly sent literature Indian Hpinion EB3%F, 9emocracy or to thousands
of addressees in India. 9ictatorship in India Epulished y Political workers as well as the
committee for ;4reedom in known party writers, .ournalists and India;F, news of %mesty
Internaintellectuals ecame involved in the @ational and 3ocialist International, pulication of
underground literature, important .udgements and satya-There was a dearth of finance as grahas
in different states provided moneyed men were unwilling to help material for the underground
Press. underground pulications.
The largest amount of underground owners of printing presses had a literature was pulished in
three grand times. !any of them did not pulish anything nor did they return !aharashtra
Eecause $.P. was the money. 3till, lakhs of people staying in a "omay HospitalF and were
involved in the production and in "ihar the -hhatra 3angh had distriution of underground
literature. This was evident from titles which included ooks, ooklets, of Hm !ehta, the Home
!inister for 3tate and newssheets, leaflets and letters. $anata -hapun, an underground &u.arati
paper, was sei'ed and more than regularly at least three times a week people had een arrested in
and during the ,mergency. intensive drive to stop the circulation Hn %ll India asis, there were
of clandestine literature opposing four parallel arrangements to India<s state of ,mergency.
coordinate the collection of news E4inancial Times, 6ondon, $une 1*, and to distriute
underground 1()?F. !en like @ana.i 9eshmukh, 3urendra ". &. 5ao E5etd. I.-.3.F of 9elhi
E3atya used the name of 6ok 3angharsha 3amacharF, J. 3. Hegde, E5etd. $ustice of 3upreme
*
-ourt and the former 3peaker of 6ok 3ahaF, 3amity and their newssheets contained only news
and 2uotations These were pulished in ,nglishF of "angaloreEJahaiF and Hindi, "engali,
&u.arati, !arathi, Jannada and in other ma.or Indian languages. %.9. &orwala E5etd. I.-3.F of
"omay Ecyclostyled HpinionF $ana 3angharsha leaders also involved in the pulication of
underground newssheets. 4oreign papers and .ournals, foreign radio, foreign .ournalists, ooklets
and 3tates, e#changed information and letters written y $.P. and others helped different units to
pulish underground literature. 3ome overground pulications like 9esai through "humiputra
pulished "humiputra E&u.aratiF, 3adhana from %hmedaad, disseminated important
information throughout the country. &eorge 4ernandes set the pace of the underground
movement from another direction. His letters pulished in different languages contained news
and criticism of Indira &andhi1s accusations against the Hpposition as well as the nature of the
movement to dislodge the dictatorial regime of !rs &andhi. In terms of letters pulished in the
underground possily 4ernandes ranks ne#t only to $.P.
In the 3tates, many more groups were involved in the pulication of underground literature. In
"ihar, -hhatra 3angharsha 3amity and Kuva 3angharsha 3amity and in Pun.a the %kali 9al
were very active. In 0est "engal, Paschimanga @agarik 3amity, Jolkata and Jhaar groups
along with 3angram, and in Hrissa, 3rimati 5ama 9evi, the 3arvodaya leader, were very active
in the pulication and distriution of underground literature. In 9elhi, 9elhi Bniversity and $@B
students were also very active groups. "ooks like 0hy ,mergencyI, 6ies Bnmasked, .P. ;Prison
9iary;, Tortures of Political Prisoners in India, 3nehalata 5eddy1s Prison 9iary and 9elhi Bnder
,mergency were pulished in the underground. 0hen it was difficult to pulish articles in
.ournals, they were pulished in ook form ecause ooks were not su.ected to pre-censorship.
%nanda 3hankar 5ay1s Jando-Priya 9esh was one such ook.
The production and distriution of underground literature rought the .ournalists, writers, college
and Bniversity teachers and political workers together. 0hen elections to the 6ok 3aha were
declared on $anuary 1(, 1()), $anata Party got the active support of all these and of the
organisational network of the underground Press
THE ROWLATT ACT AND ITS AFTERMATH
The positive impact of reform was seriously undermined in 1(1( y the 5owlatt %ct, named
after the recommendations made the previous year to the Imperial 6egislative -ouncil y the
5owlatt -ommission, which had een appointed to investigate ;seditious conspiracy.; The
5owlatt %ct, also known as the "lack %ct, vested the Diceroy<s government with e#traordinary
powers to 2uell sedition y silencing the press, detaining political activists without trial, and
(
arresting any individuals suspected of sedition or treason without a warrant. In protest, a
nationwide cessation of work EhartalF was called, marking the eginning of widespread, although
not nationwide, popular discontent.
The agitation unleashed y the acts culminated on 17 %pril 1(1(, in the %mritsar !assacre in
%mritsar, Pun.a. The "ritish military commander, "rigadier-&eneral 5eginald 9yer, ordered
his soldiers to fire into an unarmed and unsuspecting crowd of some 1+,+++ people. They had
assemled at $allianwala "agh, a walled garden, to celerate "aisakhi, a 3ikh festival, without
prior knowledge of the imposition of martial law. % total of 1,?=+ rounds were fired, killing 7)(
people and wounding 1,17) in the episode, which dispelled wartime hopes of home rule and
goodwill in a fren'y of postwar reaction.
MEDIA AND COMMUNICATION
-ommunication is the procedure, which we use to e#change information y various methods.
%nd media is the medium or instrument of storing or communicating information. !edia and
-ommunication system is different in every country depending on its economy, polity, religion
and culture. In communist and totalitarian countries like B335 and -hina, there were serious
limitations on the media. %ny criticism aout the state was repressed. 0hile in %merica having
"ourgeois, people en.oy great freedom in the sphere of media and communication. 4ew years
ago, efore the era of -ommunication 3atellites, the national media, oth pulic and private, was
the medium of communication all over the world. 0ith the advent of communication
technologies like 3atellite 9elivery and I39@, came the transnational media and rought with it
the facilities of local TD, gloal films, and gloal information system. In the new democratic
states, various media associations have een formed to fight for .ust and open media laws,
defend civil rights of .ournalists and promote industry reforms. In the wake of the rapid growth
and independence of the mass media, there arose the need of some laws and regulations. The
legal infrastructure of a country determines freedom of the media to perform its functions. The
International regulating agency in the arena of media and communications is the International
Telecommunication Bnion, which is the prime agency of the B@H for information and
communication technologies. It governs the areas of radio communication, standardi'ation and
development. ITB is situated at &eneva, 3wit'erland, and it includes one hundred and ninety-one
memer states and more than seven hundred sector memers and associates. It promotes the
adoption and implementation of fair media laws for the transition from an autocratic to a
democratic society. ,very democratic nation has respective laws to regulate the various ranches
of pulic media and mass media.
1+
MEDIA AND COMMUNICATION LAWS IN INDIA
The evolution of the !edia and -ommunication 6aws in India has een greatly influenced y
the history of "ritish coloni'ation in India. The first !edia and -ommunication 6aw in India
dates ack to 1)(( when 6ord 0ellesley passed the Press 5egulation. It imposed pre-censorship
on the newspaper pulishing industry. The Press %ct of 1*7= annulled all the previous repressive
laws on media and communication. Then came the &agging %ct on 1*th $une 1*=). It introduced
compulsory licensing for the owning or running of printing presses, empowered the government
to prohiit the pulication or circulation of any newspaper, ook or other printed material and
anned the pulication or dissemination of statements or news stories which had a tendency to
cause furore against the government, therey undermining its authority.
The Press and 5egistration of "ooks %ct was passed in 1*?) and till today this %ct is in force.
The Dernacular Press %ct of 1*)* was promulgated y &eneral 6ord 6itton, which authori'ed
the government to repress the pulication of seditious writings and to impose punitive sanctions
on printers and pulishers failing to conform the law. The @ewspapers Eincitement to offencesF
%ct was passed in 1(+* with the initiation of 6ord !into to prohiit pulication deemed to incite
reellion.
FREEDOM OF PRESS
The freedom of speech and e#pression guaranteed y the -onstitution of India ensures the right
to e#press one1s strong elief and opinions freely y word, writing, printing, picture or electronic
media or in any other form of e#pression. Thus, this freedom implies the freedom of press in the
asence of any separate provision of freedom of press in the -onstitution. However, the freedom
of press is not asolute. It is su.ect to certain reasonale restrictions. The -onstitution also
imposes reasonale restrictions on the e#ercise of the right to freedom of press in the interests of
the sovereignty and integrity of India, the security of the 3tate, friendly relations with foreign
3tates, pulic order, decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.
THE PRESS AND RE!ISTRATION OF BOOKS ACT' (&#
The Press and 5egistration of "ooks %ct, 1*?) has een enacted for the regulation of printing-
presses and newspapers, for the preservation of copies of ooks and newspapers printed in India
and for the registration of such ooks and newspapers. This is the oldest law relating to the press,
still e#isting in India. This regulatory law was aimed to enale the government to regulate
printing presses and newspapers and other matter printed in India. 3everal minor amendments
were made in the %ct to fulfill the need of the changing situation. However, on the asis of the
11
recommendations of the 4irst Press -ommission in 1(=7, a ma.or amendment was made in the
%ct which created the Hffice of the 5egistrar of @ewspapers of India E5@IF and laid down its
duties and functions. It started to function in 1(=?. The %ct contains the particulars to e printed
on ooks and papers, rules as to pulication of newspapers and re2uires the keeper of printing
press to make certain declarations.
THE NEWSPAPER )PRICES AND PA!ES* ACT' $%&
The @ewspaper EPrices and PagesF %ct, 1(=? was enacted to provide for the regulation of the
prices charged for newspapers in relation to their pages and of matters connected therewith for
the purpose of preventing unfair competition among newspapers so that newspapers may have
fuller opportunities of freedom of e#pression. The %ct empowers the central government to make
orders providing for the regulation of the prices charged for newspapers in relation to their
ma#imum or minimum numer of pages, si'es or areas and for the space to e allotted for
advertising matter in relation to other matters therein for the purpose of preventing unfair
competition among newspapers so that newspapers generally and in particular, newspapers with
smaller resources and those pulished in Indian languages may have fuller opportunities of
freedom of e#pression. The %ct further provides the -entral &overnment shall, efore making
any order, consult associations of pulishers and such pulishers likely to e affected y the
order. The %ct prohiits pulication and sale of newspapers in contravention of any order made
under the provisions of this %ct.
THE PRESS COUNCIL ACT' $#(
The Press -ouncil %ct, 1()* was enacted with an o.ective to estalish a Press council for the
purpose of preserving the freedom of the Press and of maintaining the standards of newspaper
and news agencies in India. The provisions of this %ct estalished the Press -ouncil of India
which is a ody corporate having perpetual succession, with effect from 1st !arch 1()(. The
Press -ouncil of India is empowered to make oservations in respect of conduct of any authority
including &overnment, if considered necessary for performance of its functions under the %ct.
The -ouncil can warn, admonish or censure the newspaper, the news agency, the editor or the
.ournalist or disapprove the conduct of the editor or the .ournalist if it finds that a newspaper or a
news agency has not complied with the standards of .ournalistic ethics or pulic taste or that an
editor or a working .ournalist has committed any professional misconduct.
THE CONTEMPT OF COURTS ACT' $#
The -ontempt of -ourts %ct, 1()1 has een enacted to define and limit the powers of certain
courts in punishing contempt of courts and to regulate their procedure in relation thereto.
12
Punishment for contempt affects two important fundamental rights of the citi'ens, namely, the
right to personal lierty and the right to freedom of e#pression. %ccording to the provisions of
this %ct, contempt of court means civil contempt or criminal contempt. -ivil contempt means
willful disoedience to any .udgment, decree, direction, order, writ or other process of a court or
willful reach of an undertaking given to a court. -riminal contempt means the pulication,
whether y words, spoken or written, or y signs, or y visile representation, or otherwise, of
any matter or the doing of any other act which lowers the authority of any court. The %ct
provides that any act done or writing pulished which is calculated to ring a court or a .udge
into contempt, or to lower his authority, or to interfere with the due course of .ustice or the
lawful process of the court, is a contempt of court.
THE RI!HT TO INFORMATION ACT' 200%
The 5ight to Information %ct, 2++= has een enacted to provide for right to information for
citi'ens to secure access to information under the control of pulic authorities, in order to
promote transparency and accountaility in the working of every pulic authority, the
constitution of a -entral Information -ommission and 3tate Information -ommissions and for
matters connected therewith or incidental thereto. 4or the proper functioning of every democratic
nation, it is important to have informed citi'ens and transparency of information and also to
contain corruption and to hold governments and their instrumentalities accountale to the
citi'ens. 3u.ect to the provisions of this %ct, all citi'ens shall have the right to information.
%ccording to the provisions of this %ct, Ginformation1 means any material in any form, including
records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders,
logooks, contracts, reports, papers, samples, models, data material held in any electronic form
and information relating to any private ody which can e accessed y a pulic authority under
any other law for the time eing in force and Gright to information1 means the right to
information accessile under this %ct which is held y or under the control of any pulic
authority and includes the right to inspection of work, documents, records/ right to take notes,
e#tracts or certified copies of documents or records/ right to take certified samples of material/
and right to otain information in the form of diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through printouts where such information is stored in a computer or in
any other device/
THE LAW OF COPYRI!HT
The -opyright %ct, 1(=) has een enacted with an o.ective to amend and consolidate the law
relating to copyright in India. The %ct has een legislated in compliance with the international
17
conventions and treaties in the field of copyrights. India is a memer of the "erne -onvention of
1**? Eas modified at Paris in 1()1F, the Bniversal -opyright -onvention of 1(=1 and the
%greement on Trade 5elated %spects of Intellectual Property 5ights ET5IP3F %greement of
1((=. India is not a memer of the 5ome -onvention of 1(?1, ut the provisions of the
-opyright %ct, 1(=) is in conformity with the 5ome -onvention provisions. The %ct re2uires for
the estalishment of a -opyright Hffice headed y 5egistrar of -opyrights to e appointed y
the -entral &overnment, who would act under the superintendence and directions of the -entral
&overnment.
The %ct re2uires the -entral &overnment to constitute the -opyright "oard for the e#ecution of
the provisions of this %ct. The %ct defines copyright as the e#clusive right su.ect to the
provisions of this %ct, to do or authorise the doing of certain acts specified therein in respect of a
work or any sustantial part thereof.
TRAI+S DTH RE!ULATION
The Telecommunication E"roadcasting and -ale 3ervicesF Interconnection E4ourth
%mendmentF 5egulation, 2++) addresses the regulatory provisions on interconnection issues
relating to 9TH services. In 2++1 the &ovt. of India issued the 9TH guidelines and licensing
conditions. 4ree-to-air 9TH services are eing offered y 9oordarshan. The pay 9TH services
have een started y two 9TH operators. !ore pay 9TH operators are in the process of rolling
out their services. The Telecom 5egulatory %uthority of India, T5%I has issued a new regulation
for 9irect to Home "roadcasting 3ervices for the welfare of 9TH suscriers. "y virtue of this
new regulation, the 9TH Hperator now cannot disale the set-top o#es of the suscriers who
want to discontinue the 9TH service. This regulation will ensure the welfare of the 9TH
suscriers against the cale operators who charges their clients on the ehalf of several schemes
and plans without giving them prior information.
9TH L 9irect to home
ADVERTISIN! STANDARDS COUNCIL OF INDIA
The %dvertising 3tandards -ouncil of India E%3-IF is a self regulatory voluntary organi'ation of
the advertising industry. It was set up in Hctoer 1(*=. The %3-I and its -onsumer -omplaints
-ouncil deals with complaints received from consumers and industry, against %ds which are
considered as 4alse, !isleading, Indecent, Illegal, leading to Bnsafe practices, or Bnfair to
competition, and conse2uently in contravention of the %3-I -ode for 3elf-5egulation in
%dvertising. The representatives of Indian 3ociety of %dvertisers, the %dvertising %gencies
%ssociation of India and the Indian @ewspapers 3ociety have set up the -ouncil to self-regulate
1>
the content of advertisements. The -ode of the -ouncil for 3elf-5egulation in %dvertising
specifies that all advertising should e truthful, honest, decent, legal and safe for consumers
particularly minors, and fair to the competition.
THE PRASAR BHARATI )BROADCASTIN! CORPORATION OF INDIA*
The Prasar "harati E"roadcasting -orporation of IndiaF %ct, 1((+ has een enacted to provide
for the estalishment of "roadcasting -orporation for India, to e known as Prasar "harati, to
define its composition, functions and powers and to provide for matters connected therewith or
incidental thereto. The %ct provides that the "roadcasting -orporation of India shall e a ody
corporate having perpetual succession. 5egarding the functions and powers of the corporation,
the %ct lays down that su.ect to the provisions of this %ct, it shall e the primary duty of the
-orporation to organise and conduct pulic roadcasting services to inform, educate and
entertain the pulic and to ensure a alanced development of roadcasting on radio and
television.
THE TELECOM RE!ULATORY AUTHORITY OF INDIA
The Telecom 5egulatory %uthority of India %ct, 1(() has een enacted with an o.ective to
provide for the estalishment of the Telecom 5egulatory %uthority of India and the Telecom
9isputes 3ettlement and %ppellate Triunal for the purpose of regulating the Tele-
communication services, ad.udicate disputes, dispose of appeals and to protect the interests of
service providers and consumers of the telecom sector, to promote and ensure orderly growth of
the telecom sector, and for matters connected therewith or incidental thereto. The Telecom
5egulatory %uthority of India shall e a ody corporate having perpetual succession. 3u.ect to
the provisions of this act, T5%I shall have the power to ac2uire, hold and dispose of property,
oth movale and immovale, and to contract, and shall, y the said name, sue or e sued.
CABLE TELEVISION NETWORKS RE!ULATION
The -ale Television @etworks E5egulationF %ct, 1((= has een legislated to regulate the
operation of cale television networks in the country and for matters connected therewith or
incidental thereto. %ccording to the provisions of this %ct, Gcale television network1 means any
system consisting of a set of closed transmission paths and associated signal generation, control
and distriution e2uipment, designed to provide cale service for reception y multiple
suscriers. The %ct prohiits the operation of cale television network y any person unless he
is registered as a cale operator under this %ct su.ect to certain provisions. 5egarding the
registration as cale operator the %ct provides that any person who is operating or is desirous of
operating a cale television network may apply for registration as a cale operator to the
1=
registering authority. The %ct further provides that no person shall transmit or re-transmit
through a cale service any programme unless such programme is in conformity with the
prescried programme code and prescried advertisement code. It has een made mandatory for
every cale operator re-transmit at least two 9oordarshan terrestrial channels and one regional
language channel of a 3tate in the prime and, in satellite mode on fre2uencies other than those
carrying terrestrial fre2uencies.
LAW RELATIN! TO OBJECTIONABLE ADVERTISEMENTS OF DRU! AND MA!IC REMEDIES
The 9rugs and !agic 5emedies EH.ectionale %dvertisementsF %ct, 1(=> was legislated to
control the advertisement of drugs in certain cases, to prohiit the advertisement for certain
purposes of remedies alleged to possess magic 2ualities and to provide for matters connected
therewith. %ccording to the provisions of the %ct, Gadvertisement1 includes any notice, circular,
lael, wrapper, or other document, and any announcement made orally or y any means of
producing or transmitting light, sound or smoke. G!agic remedy1 includes a talisman, mantra,
kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or
in the diagnosis, cure, mitigation, treatment or prevention of any disease in human eings or
animals or for affecting or influencing in any way the structure or any organic function of the
ody of human eings or animals. The %ct prohiits advertisement of certain drugs for treatment
of certain diseases and disorders specified in the %ct. The %ct also prohiits misleading
advertisements relating to drugs.
LAW RELATIN! TO DELIVERY OF BOOKS AND NEWSPAPERS TO PUBLIC LIBRARIES
The 9elivery of "ooks <and @ewspapers< EPulic 6irariesF %ct, 1(=> has een enacted to
regulate delivery of "ooks to the @ational 6irary, -alcutta, and other pulic liraries. The %ct
provides that su.ect to any rules that may e made under this %ct, ut without pre.udice to the
provisions contained in 3ection ( of the Press and 5egistration of "ooks %ct, 1*?), the pulisher
of every ook pulished in the territories to which this %ct e#tends after the commencement of
this %ct shall, despite any agreement to the contrary, deliver at his own e#pense a copy of the
ook to the @ational 6irary at -alcutta and one such copy to each of the other three pulic
liraries within thirty days from the date of its pulication. 5egarding the delivery of newspapers
to pulic liraries, the %ct provides that su.ect to any rules that may e made under this %ct, ut
without pre.udice to the provisions contained in the Press and 5egistration of "ooks %ct,1*?),
the pulisher of every newspaper, pulished in the territories to which this %ct e#tends, shall
deliver at his own e#pense one copy of each issue of such newspaper as soon as it is pulished,
1?
to each such pulic lirary as may e notified in this ehalf y the -entral &overnment in the
Hfficial &a'ette.
THE PRESS COUNCIL OF INDIA,S NORMS OF JOURNALISTIC CONDUCT
There should e a code of conduct for every profession to ensure its progress along with social
accountaility. The Press council of India has set a code of .ournalistic norms with an o.ective
to uild up a code of conduct for newspapers, news agencies and .ournalists in accordance with
high professional standards and on the asis of its ad.udications of various cases. The code of
.ournalistic norms have een set to ensure the maintenance of high standards of pulic taste on
the part newspapers, news agencies and .ournalists and to develop a due sense of the rights and
responsiilities of citi'enship and pulic service among all those engaged in the profession of
.ournalism
LAW RELATIN! TO OFFICIAL SECRETS
The Hfficial 3ecrets %ct, 1(27 has een enacted to consolidate and amend the law relating to
official secrets in India. The Indian Hfficial 3ecrets %ct, 1**( was the first law relating to
official secrets. It was amended y the Indian Hfficial 3ecrets E%mendmentF %ct, 1(+> and later,
the Hfficial 3ecrets %ct, 1(11, a "ritish %ct was rought into force in India. 3use2uently, it was
felt desirale that there should e a single consolidated %ct applicale to Indian conditions. Thus,
the Hfficial 3ecrets %ct, 1(27 was passed. The %ct ars all the government servants from
passing on the information to any other person.
CONDITIONS OF SERVICE OF THE WORKIN! JOURNALISTS AND OTHER NEWSPAPER
EMPLOYEES
The law governing the conditions of service of the 0orking $ournalists and other @ewspaper
,mployees is the 0orking $ournalists and other @ewspaper ,mployees E-onditions of 3ervice
and !iscellaneous ProvisionsF %ct, 1(==. The %ct provides for regulation of certain conditions
of service of working .ournalists and other persons employed in newspaper estalishments.
%ccording to the provisions of this %ct, Gworking .ournalist1 is a person whose principal
avocation is that of a .ournalist and who is employed either whole time in one or more
newspaper estalishments and includes an editor, a leader-writer, news-editor, su-editor, feature
writer, copy tester, reporter, correspondent, cartoonist, news photographer, and proof reader and
Gnewspaper1 means any printed periodical work containing pulic news or comments on pulic
news. The %ct lays down that for the purpose of fi#ing or revising rates of wages in respect of
working .ournalists, the -entral &overnment as and when necessary shall constitute a 0age
"oard.
1)
CINE WORKER+S WELFARE CESS
The -ine 0orkers 0elfare -ess %ct, 1(*1 provides for the levy and collection of a cess on
feature films for the financing of activities to promote the welfare of certain cine workers and for
matters connected therewith or incidental thereto. 5egarding levy and collection of cess on
feature films the %ct provides that there shall e levied and collected as a cess, for the purposes
of the -ine-workers 0elfare 4und %ct, 1(*1, a duty of e#cise at such rate, not eing less than
one thousand rupees and not e#ceeding twenty thousand rupees on every feature film, as the
-entral &overnment may, y notification in the Hfficial &a'ette, specify from time to time. The
%ct further provides that the duty of e#cise levied shall e in addition to any cess or duty leviale
on cinematograph films under any other law for time eing in force.
CINE WORKERS WELFARE FUND
The -ine 0orkers 0elfare 4und has een estalished under the provisions of the -ine 0orkers
0elfare 4und %ct 1(*1. This %ct was legislated with an aim to provide for the financing of
activities to promote the welfare of certain cine-workers. Bnder the %ct, Gcine-worker1 has een
defined as an individual who has een employed, directly or through any contractor or in any
other manner, in or in connection with the production of not less than five feature films to work
as an artiste Eincluding actor, musician or dancerF or to do any work, skilled, unskilled, manual,
supervisory, technical, artistic or otherwise/ and whose remuneration with respect to such
employment in or in connection with the production of each of nay five feature films, has not
e#ceeded, where such remuneration has een y way of monthly wages, a sum of one thousand
rupees per month, and where such remuneration has een y way of a lump sum, a sum of five
thousand rupees. The %ct provides for the constitution of %dvisory -ommittees and a -entral
%dvisory -ommittee to advice the -entral &overnment on any matter arising out of the
administration of this %ct.
LAWS RELATIN! TO THE PRESS
. CONSTITUTION OF INDIA
EiF %rt. 1(E1FEaF read with %rt. 1(E2F E4reedom of speech and e#pressionF
EiiF %rt. 7?1-% EProtection of pulication of proceedings of Parliament and 3tate 6egislatureF
2. PRESS LAWS-ACTS
EiF Indecent 5epresentation of 0omen EProhiitionF %ct, 1(*?
EiiF Pun.a 3pecial Powers EPressF %ct, 1(=?.
EiiiF The Press and 5egistration of "ooks %ct, 1*?)
EivF The 9ramatic Performances %ct, 1*)?
1*
EvF The Indian Telegraph %ct, 1*(*
EviF The EIndianF Post Hffice %ct,1*(*
EviiF The Police EIncitement of 9isaffectionF %ct, 1(22
EviiiF Hfficial 3ecrets %ct, 1(27 E%ct @o. 1(27F
Ei#F The ,mlems and @ames EPrevention of Improper BseF %ct, 1(=+
E#F 5epresentation of the People %ct, 1(=1
E#iF The 9elivery of "ooks and @ewspapers EPulic 6irariesF%ct, 1(=>
E#iiF The 9rugs and !agic 5emedies EH.ectionale %dvertisementsF %ct, 1(=> E@o.
21 of 1(=>F
E#iiiF The 0orking $ournalists and Hther @ewspaper ,mployeesE-onditions of 3erviceF
and !iscellaneous Provisions %ct, 1(==
E#ivF The Pri'e -ompetitions %ct, 1(== E%ct @o. >2 of 1(==F
E#vF Hindu !arriage %ct, 1(==
E#viF The Koung Persons EHarmful PulicationsF %ct, 1(=?
E#viiF The -opyright %ct, 1(=).
E#viiiF -hildren %ct, 1(?+
E#i#F -riminal 6aw %mendment %ct, 1(?1 as amended in 1((+.
E##F %tomic ,nergy %ct, 1(?2
E##iF -ustoms %ct, 1(?2
E##iiF The Bnlawful %ctivities EPreventionF %ct, 1(?)
1(
E##iiiF The -ivil 9efence %ct, 1(?*
E##ivF The -ontempt of -ourts %ct,1()1
E##vF The Press -ouncil %ct, 1()*
E##viF The Pri'e -hits and !oney -irculation 3chemes E"anningF %ct, 1()*
E##viiF @ational 3ecurity %ct, 1(*+
E##viiiF 5ight to Information %ct,2++7
". RELEVANT PROVISIONS OF INDIAN PENAL CODE' (&0
EiF 3ec. 12>-%ssaulting President, &overnor etc. with intent to compel or restrain the
e#ercise of any lawful power.
EiiF 3ec. 1=7%-Promoting enmity etween different groups on grounds of religion,
race, place of irth, residence, language etc. and doing acts pre.udicial to
maintenance of harmony.
EiiiF 3ec. 1=7"-Imputations, assertions pre.udicial to national integration.
EivF 3ec. 1)1&-4alse statement in connection with an election.
EvF 3ec.22*-Intentional insult or interruption to pulic servant sitting in .udicial
proceeding.
EviF 22*EaF 9isclosure of identity of the victim of offences, uMs 7)?, 7)?-%, 7)?-",
7)?-- or 7)?-9.
EviiF 3ec. 2(2 3ale etc. of oscene ooks etc.
EviiiF gF 3ec 2(7 3ale etc. of oscene o.ects to young person.
Ei#F 3ec. 2(>%-Jeeping lottery office.
E#F 3ec. 2(=%-9elierate and malicious acts intended to outrage religious feelings of
any class y insulting its religion or religious eliefs.
2+
E#iF 3ec. 2(( -ulpale homicide.
E#iiF 3ec. >(( 9efamation.- 3ec. =++ Punishment for 9efamation.
E#iiiF 3ec. =+1 Printing or engraving matter known to e defamatory matter.
E#ivF 3ec. =+2 3ale of printed or engraved sustance containing defamatory
sustance.
E#vF 3ec.=+=:-
aF 3tatements conducive to pulic mischief.
F 3tatements creating or promoting enmity, hatred or ill-will etween
classes.
cF Hffence under su-section E2F committed in place of worship.
4. RELEVANT PROVISIONS OF CR. P.C.' $#" )ACT NO. LI OF $#4*
EiF 3ec. (1 -Power to take ond for appearance.
EiiF 3ec. (7 -3ummons and warrants of arrest.
EiiiF 3ec. (= -Procedure as to letters and telegraphs.
EivF 3ec. (? -0hen search warrants may e issued.
EvF 3ec. 1+* 3ecurity for good ehaviour from persons disseminating seditious
matters.
EviF 3ec. 1>> Power to issue orders asolute at once in urgent cases of nuisance or
apprehended danger
EviiF 3ec. 1)) to 1*) Place of in2uiry or trial.
EviiiF 3ection 1(= Prosecution for contempt of lawful authority of servants.
Ei#F 3ec. 1(( prosecution for adultery or enticing a married women.
E#F 3ec. 72) Power to summon another set of .urors.
E#iF 3ec. 7>+ 5ight of person against whom proceedings are instituted to e defended
and his competency to e a witness.
21
E#iiF 3ec. 7>= -ompounding offences.
E#iiiF 3ec. 7>( Procedure when !agistrate cannot pass sentence sufficiently severe.
E#ivF 3ec. 7=+--onviction or commitment on evidence partly recorded y one
!agistrate and partly y another.
E#vF 3ec 7=1-9etention of offenders attending court.
22