Study
Material:
Media
Law and Ethics
Laws -
Bills and Acts, Ordinance, Regulations, Statute, Code, Norms, Conventions
Q. What is Law, Act, Regulation, Statute,
Code, Norm, and Convention?
The word ethics originated from the Latin
word “Ethos”, which means character. The subject has been discussed by the
scholars since ages. 2500 years ago, Greek philosopher divided their work in
three broad segments, namely Aesthetics, or the study of beauty, Epistemology,
or the study of knowledge, Ethics , or the study of choice between good and
bad, evil, truth and falsehood. Ethics
is a subject that seeks to use rational and systematic principle values and
norms to determine what is good and bad, correct and incorrect, right and wrong
as far as human action is concerned.
Law is a system of rules and guidelines which
are enforced through social institutions to govern behavior. Laws are made by
Governments especially by their legislature. The formation of laws themselves
may be influenced by constitution (written or unwritten) and rights encoded
therein. The law shapes politics, economics, and society in countless ways and
systems as social mediator of relations between people.
An Act is one which is conceived as a bill,
grown up as an ordinance and matured as an Act. Meaning there by that a bill is
an idea which after getting passed by both houses of the parliament and
assented by President becomes an Act.
When both houses of the parliament are not in
session, and there is need for an urgent legislation an Ordinance is issued,
which has the same effect as an Act. It requires to be approved by the
parliament within a specific time frame to become a law.
Difference between Law and Act:
In legal terms the difference between Law and
Act has not much to make one from the other, Law is any system of regulations
that govern or rule the conduct of the people of a society or community usually
for protection, whereas Act is constitutional plan passed by Government that
is formed of a bill and then ratified by both houses of parliament and the
President.
The adjudication of law is generally divided
into the main areas, Criminal law and Civil Law. Criminal law deals with the conduct that is considered
harmful to social order and in which the guilty party may be imposed fine or
imprisonment. Civil law (not
to be confused with civil law jurisdiction) deals with resolution of (disputes)
lawsuits between individuals or organizations. These resolutions seek to
provide a legal remedy (often monetary damages) to winning litigant.
Under Civil Law, Contract Law regulates everything from buying a bus ticket
to trading in shares in money market.
Property
Law
regulates the transfer of title of a personal property and real property. Trust
Law allows claims for compensation if person’s property is harmed. Constitutional law provides
framework for creation of law, for the protection of human rights and election
of political representatives. Administrative
law is used to preview the decisions of the Government agencies. International law governs affairs
between sovereign states in activities from trade to military action.
To implement law and provide services to the
public, a Government’s bureaucracy, the military and police are vital. While
all the organs of the state are created and bound by law, an independent legal
professional and a vibrant civil society inform and support their progress.
Thus law provides a rich source of scholarly
inquiry into legal history, philosophy, economic analysis and sociology. Law
also realizes important and complex issues concerning equality, fairness, and
justice.
As said by Aristotle in 350 BC “The rule of
law is better than rule of an individual”
REGULATION is the promulgation
monitoring and enforcement of rules. Regulation creates limits or constraints a
right, creates or limits a duty or allocates a responsibility. Regulation can
take many forms. Legal restrictions issued by Government authority, contractual
obligations that bind many parties, for example, Insurance Regulations, Prasar
Bharti Regulations. Insurance regulations arise out of a contract between
insurer and insured, self regulation, as that of Prasar Bharti, trade
associations, etc. Social regulations by way of customs and rituals, market
regulations, certification, accreditation, in its legal sense regulation can
and should be distinguished from primary legislation by parliament of elected
representative body on one hand and judge made law on the other.
The Government regulations can be seen by way
of controls on market entries, prices, wages, development, approvals, pollution
effects, employment schemes, standard of production of goods and services,
military forces and many such establishments run under government control.
Different regulatory boards monitoring the regulations.
STATUTE is a written law opposed to one oral law, set down by
legislature, as opposed to regulatory law set out by executive or common law of
judiciary.
Statutes may originate with national, state
legislature or local municipalities. Statutes of lower jurisdiction are
subordinate to the higher.
CODE the term code or
codified law refers to the statue that has been codified. This can limit to a
particular community or individual only, such as Muslim personal code,
Christian code etc.
A code is a type of legislation that defines
to it’s completeness a system of laws or a particular area of law as it existed
at the time of the code was enacted, by process of codification.
The process of certification is similar in
common or civil law but their usage is different, in civil law country, a code
typically covers completely the entire system of law. Whereas in a common law
country, a code is a less common form of legislation, which differs from usual
legislation that, when enacted modify the existing common law, only to the
extent of it’s express or implicit provision, but otherwise leaves the common
law in tact, civil code, criminal code etc.
Civil
code
typically forms the core of civil law system. Criminal code or penal code is a
common feature in many legal systems. Codification of criminal law allows the
criminal law to be more accessible and more democratically made and amended.
Civil
Laws
based on codified laws generate an amount of intellectualization during a
particular time span.
Common
Law
is based on legislation and citation of judge’s interpretation of law. It is
based on judgment and previous cases are cited. It generates from legislation and
court’s interpretations.
Social
Norms
are group-held beliefs about how members of a particular community or group
should behave and conduct themselves.
Conventions are set of one
agreed or accepted norm/ norms or criteria after taken form of custom.
Press laws before Independence
Q.
Describe in detail the history of press law in India
The foundation of press law in India Calcutta , proceed to Madrass and from
there take his passage to Europe when in 1776;
he had simply expressed his intention to start a newspaper. All he did was to paste a notice on the gates
of the council hall telling people that he had in his possession “in
manuscript” many things to communicate which were of intimate concern to every
individual.
Similarly, intolerance was shown to later
publication and editors although they all happened to be British or the other
Europeans, James Augustus Hickey who started the first news paper, the Bengal
Gazette or the Calcutta General Advertiser, in 1780 was harassed that he had to
finally close down his paper.
In 1795 censorship was introduced for the
first time. The ‘Madrass Gazette’ was asked to submit to a Military Secretary
all the general orders of the Government for censorship before publication. Pre-censorship
was one of the three methods resorted to in order to deal with the non-
conforming editors, the other two being the denial of postal privileges and
deportation.
In 1799 one of the earliest regulations was
introduced as Press Regulations by Lord Wellesley. These Regulations required
the news papers to print the names of printers, publishers and editors. They
were also required to submit all the material for pre-censorship by the
Secretary to the Government of India. Warren Hastings abolished these
Regulations.
But, in 1823 Governor General John Adams
introduced licensing of the Press. His ordinance required a previous license
for printing of all matters, except commercial matter. Similar Regulations were
introduced in Bombay
Licensing was abolished in 1835 and replaced
by Metcalf’s Act which only required a newspaper to declare the address of
printer and of publisher.
In the wake of the first war of independence
in 1857, licensing was again introduced by Lord Canning. The Act of 1857
applied even to books and all other kinds of publications.
In 1860 a comprehensive law, the Indian penal
Code (IPC) was enacted. It contained offences like defamation and obscenity
which writers, editors, publishers and printers must avoid. Sedition (S.124)
was added to it in 1870, promoting enmity between classes (S.153A) was added in
1898, outraging religious feelings (S.295A) was added in 1927 and assertions
against national integration (S. 153B) in 1927.
The oldest surviving Press Regulation “Press
and Regulation of Books Act” was passed in 1867. It regulates printing presses
and newspapers throughout India
In 1878 vernacular Press Act was introduced
by Governor General Lord Layton. This Act was specifically directed against the
newspapers in Indian Languages. The Act allowed the Government to punish the
publication of any writings, deemed to be seditious. The punishment for such
publication would be equally imposed on printers and publishers who failed to
obey the law. This Law was vehemently opposed in India
and some extent in England
Again the present Criminal Procedure Code
enacted first in 1882 and then
consolidated in 1898 included certain provisions which could authorize the
Government to search and forfeit publications considered to be offensive in
nature, by invoking 124A, 153A, or 295A of the IPC under Cr.P.C.
The beginning of the twentieth century saw
the enactment of more stringent anti press laws to curb the activities of the
revolutionaries and the British put various restrictions on Newspapers
preventing the reporting of and comments upon their activities. In pursuance of
this, the Newspaper (incitement and offences) Act was passed in 1908,
empowering magistrates to seize a press where newspaper containing matter which
incited murder or any other act of violence or an offence under the Explosive
Substances Act was printed. In 1910, the Indian Press Act was passed. This was
a more comprehensive law and was directed again both offences of violence and
sedition. It empowered the Government to ask for a deposit of security from the
press and where it deemed fit to forfeit it. The Act was made more rigorous in
1913 and 1914.But, fallowing the report of a committee the Acts of 1908 and
1910 were repealed after incorporating some of their provisions in other laws.
In 1923, the Official Secrets Act was
prohibiting the publication of any classified official information.
After Independence
Fallowing the recommendations of the First
Press commission, a law was passed in 1955 seeking to improve the conditions of
working journalists and other newspaper employees. This was the Working
Journalists and Newspaper Employees (Conditions of Services) and Miscellaneous
Provisions Act. It regulates the conditions of services of the working
journalists, provides machinery for the fixation of conditions of services of
working journalists and other newspaper employees. Similarly, the rates of
wages of working journalists (fixation of Rates of Wages) Act, 1958 was passed
to overcome certain difficulties in respect of the rate of wages.
The Newspaper (price and pages) Act 1956 was
meant to regulate the number of pages in a newspaper to its cover price. It was
however struck down by the Supreme Court in the case of Sakal Papers vs. Union of
India in 1962.
SEA
CUSTOMS ACT, 1878:
Section
8 (c) of the Act prohibits the bringing into India
CONTEMPT
OF COURT ACT:
Contempt
of Court is one of the reasonable restrictions under Article 19(2) of the
Indian Constitution. This Act was enacted for the first time in the year 1952.
Later on this was again enacted in 1971, which was further amended in 1976.
YOUNG
PERSON'S (HARMFUL PUBLICATIONS) ACT, 1956:
This
Act seeks to prohibit the publication in India
PARLIAMENTARY
PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1956:
This
Act was enacted with a view to protecting the publications of reports of
proceedings of Parliament except in newspapers. Section 3 of the Act states
that no person shall be liable to any proceedings, civil or criminal in any
court, in respect of the publication in a newspaper of
substantially
true report of any proceedings of either House of Parliament, unless the
publication
is
proved to have made with malice.
DELIVERY
OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES) ACT, 1954:
This
Act enjoins upon the publisher of every newspaper to deliver at his own expense
one copy of each issue of such newspaper as soon as it is published to each public
library as may be notified by the Central Government. Contravention of any
provision of this Act becomes
punishable.
COPYRIGHT
ACT, 1957:
Section
52 of this Act lays down that certain acts shall not constitute an infringement
of Copyright, such as fair use, fair quotation, bonafide abridgements and the
like.
DEFENSE
OF INDIA
According
to Justice Mudholkar, "upon the declaration of emergency, the Parliament
will be empowered to make laws affecting the freedom of the Press. It is as if
the freedom of media disappears in a situation of emergency. Any law made by
the Parliament, under a situation of emergency, cannot be challenged on the
ground of legislative incompetence for as long as emergency lasts. Citizens
cannot claim any protection under Article 19. Further, clause 7 of section 3 of
the Defense of India Act deals with the entire gamut of
printing
and publishing of any newspaper or book and the imposition of Censorship.
PRESS
COUNCIL OF INDIA
The
Press Council of India, according to the preamble to the Press Council of India
Act, is established: "For protecting the freedom of the press and
maintaining and improving the standards of both newspapers and news agencies”
M.V.
Kamath once pointed out that it is important to remember that the Press Council
of India is not a Court of Law. It is a Court of Honour. Its verdicts
are not judicial pronouncements.
Therefore,
there is no question of punishment imposed on an offending journalist or
newspaper.
By
that same token the Council cannot award damages to the aggrieved party. As
justice Mudholkar put it, "The only weapon in the armory of the Press
Council of India is moral
authority”. The sole strength
of the Council lies in its appeal to conscience.
The
power conferred by section 13 (1 A) requiring a newspaper to publish therein
any particulars relating to any enquiry under section 13 does not mean that it
has any power to punish a defaulting paper.
The
experience of the British Press Council has shown that this power, if properly
used and constantly exercised, can become extremely effective. The public
rebuke that the Council administers and the moral obligation of the offending
newspaper to publish its decisions operates both as a penalty and a deterrent.
The
Press Council of India Act, 1965 was later amended on 31st March 1970. The
Council's term which expired in December, 1975 was not extended during the
Emergency again the Press Council's Act was revised in 1978 which was more or
less on the same lines as the Press Council Act, 1965.
POLICE
(INCITEMENT TO DISAFFECTION) ACT, 1972:
This
Act penalizes any act, which causes or is likely to cause disaffection toward
the Government among the member of the police force or which induces or
attempts to induce any
member
of the police force to withhold his services or to commit a breach of
discipline.
DRUGS
AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENT) ACT, 1954:
The
Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 was enacted to
control wrong practices in the advertisement of drugs. In certain cases, this
Act is meant to prohibit the advertisement for certain drugs for matters
connected therewith.
Any
person who contravenes any of the provisions of the Drugs and Magic Remedies
Act is punishable by the Act. It takes two forms such as: or In the case of a
first conviction, with imprisonment may extend up to six months or with fine
or
with both or In the case of a subsequent conviction, with imprisonment may
extend to one year or with fine or with both (Section 7 of the Act).
CABLE
TELEVISION REGULATION ACT, 1995:
This
is one of the most recent Acts. According to this Act:
No person shall operate a cable television
network unless he is registered as a cable operator under this Act.
No person shall transmit or re-transmit
through a cable service any programme unless such programme is in conformity
with the prescribed programme code. o Every cable operator using a dish
antenna or "Television Receiver only" shall, from the commencement of
this Act, re-transmit at least two Doordarshan Channels of his choice through
the cable service. Moreover, the Doordarshan Channels referred to in sub
section
(1)
shall be retransmitted without any deletion or alteration of any programme
transmitted on such channels.
Whoever
contravenes any of the provisions of this Act shall be punishable as under: o For
the first offence, with imprisonment for a term, which may extend to two years
or with fine, which may extend to one thousand rupees or with both.
RIGHT
TO INFORMATION ACT:
Noted
political analyst James Michael has pointed out in his pioneering book The
Politics of Secrecy that, "freedom of information" and
"right to information" are two different concepts.
The
right to information is indispensable for free flow of information. But there
was a massive wall in the shape of the Official Secrets Act in India
hindrance
to the flow of information. Hence, there was an urgent need to thoroughly
examine the Official Secrets Act.
The
Indian Right to Information Act was introduced to the Indian Parliament in July
2000.
It
came into effect on 12 Oct 2005. Under this law the information has become a
fundamental right of the citizen. Under this law all Government Bodies or
Government funded agencies have to designate a Public Information officer
(PIO). The PIO's responsibility is to ensure that
information
requested is disclosed to the petitioner within 30 days or within 48 hours in
case of information concerning the life and liberty of a person.
RTI India has certain weaknesses that hamper
implementation. There have been questions on the lack speedy appeal to
non-compliance to requests. The lack of a central PIO makes it difficult to
pin-point the correct PIO to approach for requests. The PIO being an officer of
the Govt. institution may have a vested interest in disclosing damaging
information on activities of his/her Institution, This therefore creates a
conflict of interest. In the state of Maharastra it was estimated that only 30%
of the requests are actually realized under the Maharastra Right to Information
act. The law also bares disclosure of information that affects national
security, defence, and other matters that are deemed of national interest.
1.3
SUMMARY:
o
Mass media are quite powerful. But the exercise of power by the media gets
regulated and controlled by the various laws and rules enacted from time to
time. In a democratic society media enjoy more powers and face less
restrictions and regulations. In an authoritarian form of governance, the
working of the media is restricted and controlled to a great extent. Sometimes
media in autocracies or under military rule are not all free.
o
In India, the situation is a mixed one. The mass media enjoy certain freedom.
But the Constitution imposes certain reasonable restrictions. Then there are
laws that regulate the
functioning
of mass media in India India India
o
The Indian Constitution does not provide freedom for media separately. But
there is an indirect provision for media freedom. It gets derived from Article
19(1) (a). This Article Guarantees freedom of speech and expression.
The freedom of mass media is derived indirectly from this Article. Our
Constitution also lays down some restrictions in the form of Article 19(2).
o
The press (or the mass media) has no special right, which are not to be given
to, or which are not to be exercised by the citizen in his individual capacity.
The editors of a Press or the managers are all citizens and, therefore, when
they choose to represent any newspapers, they are merely exercising their right
of expression. o Article 19 of the Indian constitution lays down, "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 or business.
1.4
KEY WORDS:
Media
Laws: Mass
media, like any other organization, like to work in absolute freedom. The United States of America
Reasonable
Restrictions: Most
countries realize that absolute freedom for media may not be a good idea. So
certain reasonable restrictions are put on the media. These restrictions are
with regard to morality, decency, defamation, security of the State,
relationship with friendly countries, incitement to offence, communal harmony,
etc.
Official
Secrets: Every
nation or country has certain secrets. These could be in the sphere of national
security or related fields. But many countries try to put a wide variety of
information as official secrets. And laws or Acts related to official secrets
try to protect such information.
Registration
of newspapers and Books: The Government always want to know which all newspapers
and books are being published at any given time. So Acts like Registration of
Newspapers and Books Act are enacted to keep track of all such publications.
1.5
SELF-ASSESSMENT QUESTIONS (SAQs):
1.
What do you mean by Media Laws? Discuss briefly five most important media laws.
2.
Why are media laws required? Discuss the importance of media laws.
3.
What do you mean by Right to Information? Do you think, it should be made a
fundamental right?
4.
Do you think Official Secrets Act is a hindrance in the free flow of
information? Discuss it.
5.
Briefly introduce the different laws of both print media and electronic media.
FIRST PRESS COMMISSION
----------------------------
The First Press
Commission was appointed in September 1952 under the chairmanship of Justice G
S Rajadhyaksha. The other 10 member included Dr C P Ramaswami Aiyar, Dr Zakir
Hussain, Dr V K R V Rao, P H Patwardan, J Natarajan and Chalapathi Rau. The
Commission, which submitted its report in 1954, made several important
recommendations which helped in constituting a number of institutions and
organizing the profession of journalism in a systematic manner. It was the
first enquiry of its kind into the working of the press and its report has been
a kind of Bible about the press.
The commission was
appointed because after independence it was felt that the role of press had
changed and now some people changed it from mission to business.
The commission found
that there was a great deal of scurrilous (indecent) writing often directed
against groups, communities, individuals and organizations. The commission also
noted that yellow journalism was on the increase in the country and was
confined to an area or language. The commission however, found that the well
established, newspapers, on the whole, had high standard of journalism.
It remarked that despite
severe laws regarding journalism being in vogue, there is possibility of
objectionable matter getting published in absence of a vigilant watchdog. It
therefore observed that best way to maintain professional standards in
journalism is to bring into existence a body of people principally connected
with the industry whose responsibility it would be to arbitrate on doubtful
points and to ensure the punishment of any guilty of infraction of good
journalistic behavior. An important recommendation of the press commission was
to setting up of a Statutory Press commission at national level, consisting of
press people and lay members. It did not say though that council should have
teeth.
Some of the
recommendations and observations of the First Press Commission are as follows:
1. A Press Council be
established whose objects should be:
(a) To safeguard the
freedom of the press and help the press to maintain its independence.
(b) To censure
objectionable types of journalistic conduct and by all other possible means to
build up a code in accordance with the highest professional standards.
(c) To keep under review
any development likely to restrict the supply and dissemination of news of
public interest and importance.
(d) To encourage the
growth of a sense of responsibility and of public service among those engaged
in the profession of journalism.
(e) To study the
developments in the press which may tend towards concentration or monopoly, and
if necessary, to suggest remedies.
(f) To publish reports,
at least once a year, recording its work and reviewing the performance of the
press, its development and factors affecting them and
(d) To improve methods
of recruitment, education and training for the profession by the creation of
suitable agencies for the purpose such as a Press Institute.
The news agencies should
not merely keep themselves from bias and follow strictly the principles of
integrity, objectivity and comprehensiveness in its coverage of news, but it
should also appear to the newspapers and to the public that the news agencies
are maintaining such as course.
The Commission found
that the emoluments received by the journalists were on the whole
unsatisfactory and recommended the appointment of a Wage Board for working
journalists.
2 The Commission
recommended the appointment of Registrar of Newspapers for India (RNI). As a
result of this recommendation the office of RNI verifies and regulates the
availability of newspapers, registers them, containing detailed information on
newspaper. The office also issues entitlement certificates to the newspapers/
periodicals for the import of news print and printing machinery and allied
materials required by newspapers.
The second Press Commission was
appointed by Government in 1978after the internal emergency in the country had
ended. During the emergency the press had to face heavy curbs on its freedom.
Second press commission
wanted the press to be neither a mindless adversary nor an unquestioning ally.
The commission wanted the press to play a responsible role in development
process. The press should be widely accessible to the people if it is to
reflect its aspirations and problems. It laid stress on the internal stability
and safeguarding of the national security. The commission, by majority,
recommended that the press council of India
2.2
PRESENTATION OF CONTENT:
The
content of this lesson shall be presented as follows:
o
Law of Defamation
o
Contempt of Court Act
o
Official Secrets Act
o
Press and Books Registration Act.
2.2.1
LAW OF LIBEL AND DEFAMATION:
Defamation
simply means tarnishing some body's image. It is an injury to a man’s
reputation. It means speaking or writing something damaging or diminishing the
status or personality or prestige of a person or an Organization. There are two
types of Defamation:
Libel:
It
is a written form of defamation.
Slander:
It
is a spoken form of defamation
Section
499 of the Indian Penal Code defines defamation as:
'Whoever,
by words either spoken or intended to be read, or by signs or by visible,
representations makes or publishes any imputation concerning any person
intending to harm, or having reason to believe that such imputation will harm
the reputation of such person, is said except in cases hereinafter excepted to
defame that person’.
There are four explanations and 10 exceptions of section 499. The four
explanations are as follows. It may amount to defamation:
o
To impute anything to a deceased person, If the imputation would harm the
reputation of that person if living, and is intended to be hurtful to the
feelings of his family or other near relatives. To make an imputation
concerning a company or an association or collection of persons as such;
o
To make an imputation in the form of an alternative or expressed ironically;
o But no imputation is said to harm a person's
reputation unless that imputation directly or indirectly in the estimation of
others lowers the moral or intellectual character of that person or lowers that
character of that person in respect of his caste or his calling, or lowers the
credit of that person or causes it to be believed that the body of that person
is in- a loathsome state or in a state generally considered as disgraceful”.
There are ten exceptions in this Act. These are:
o
First Exception: It is not defamation to impute anything, which is true
concerning any person, if it were for the public good that the imputation
should be made or published. Whether or not, it is for the public good is a
question of fact.
o
Second Exception: It is not defamation to express in good faith any
option whatever respecting the conduct of a public servant in the discharge of
his public functions, or respecting his character, so far as his character
appears in that conduct and no further.
o
Third Exception: It is not defamation to express in good faith any opinion
whatever respecting the conduct of any person touching public question, and
respecting his character, so far as his character appears in that conduct, and
no further.
o
Fourth Exception: It is not defamation to publish a substantially true
report of the proceedings of a court of justice, or the result of any such
proceedings.
o
Fifth Exception: It is not defamation to express in good faith any
opinion. Whatever respecting the merits of any case, civil or criminal, which
has been decided by a court of justice or respecting the conduct of any person
as party witness or agent, in any case such of respecting the character of such
person as far as his character appears in that conduct and no further.
o
Sixth Exception: It is not defamation to express in good faith any
opinion. Whatever respecting the merits of any performance, which its author
has submitted to the judgment of the public, or respecting the character of the
author so far as his character appears in such performance and no further.
o
Seventh Exception: It is not defamation if a person having over another
any authority, either conferred by law or arising out of any lawful contact
made with that other to pass in good faith any censure on the conduct of that
other in matters to which such lawful authority relates.
o
Eighth Exception: It is not defamation to prefer good faith an
accusation against any person to any of those who have lawful authority over
that person with respect to the subject matter of accusation.
o
Ninth Exception: It is not defamation to make an imputation on the
character of another provided that imputation is made in good faith for the
protection of the Interest of the person making it or of any other person, or
for the public good.
o
Tenth Exception: It is not defamation to convey a caution in good faith
to one person against another provided that such caution in be intended for the
good of the person to whom it is conveyed, or of same person in whom that
person is interested, or for the public good.
PUNISHMENT
FOR DEFAMATION:
Three
sections of the Indian Penal Code deal with the punishment for defamation.
These are: Section 500, Section 501 and Section 502.Section 500 of the Indian
Panel Code lays down, "Whoever defames another shall
be
punished with simple imprisonment for a term which may extend to two years or
with fine or with both”. Section 501 of the Indian Penal Code lays down,
"Whoever prints (or engraves)any matter, knowing or having good reason to
believe that such matter is defamatory ofany I person, shall be punished with
simple imprisonment for a term which may extend to
two
years or with fine or with both”. Section 502 of the Indian Penal Code lays
down, "Whoever sells or offers for sale any printed or engraved substance
containing defamatory matter, knowing that it contains such matter, shall be
punished with simple imprisonment for a term which may
extend
to two years or with fine or with both”.
1
SEDITION1
The word “Sedition” does
not occur in Section 124-A of the Indian Penal Code or in the Defense of India Rule.
It is only found as a marginal note to Section 124-A, and is not an operative
part of the section but merely provides the name by which the crime defined in
the section will be known.
In the case of Ram Nandan
v. State of U.P.2
2 AIR 1959 Alld. 101
3
in the case of Kedarnath
Das v. State of Bihar3
In Tara Singh v. State of Punjab4 Bihar
4 AIR 1950 SC 1244
with reference to the
constitutionality of section 124-A, of the I.P.C, as to how far they are
consistent with the requirements of clause (2) of Art 19 with particular reference
to security of state and public order, the section, it must be noted penalizes any spoken or written
words or science or visible representations, etc, which have the effect of
bringing, or which attempt to bring into hatred or contempt or excite or
attempt to excite disaffection towards “the government established by law” has
to be distinguished from the persons for the time being engaged in carrying on
the administration. “Government established by law” is the visible symbol of
the state would be in jeopardy, where the government established by law is
subverted.
The continued existence of
the government established by law is an essential
condition of the stability
of the state. Hence, any act within the meaning of section 124-A, which has the
effect of subverting the Government by bringing that Government into contempt
or hatred, or creating disaffection against it, would be within the penal
statute because the feeling of disloyalty to the Government established by law
or enmity to it imports the idea of tendency to public disorder by the use of
actual violence or incitement to violence. In other words, any written or
spoken words, etc., which have implicit in them the idea of subverting Government
by violent means, which are compendiously included in the term ‘revolution’,
have been made penal by the section in question. But the section has taken care
to indicate clearly that strong words under lawful means used to express disapprobation
of the measures of the Government with the view to their improvement or
alteration would not come within the section. Similarly, comments, however,
strongly worded, expressing disapprobation of actions of the Government, without
exciting those feelings which generate the inclination to cause public disorder
by acts of violence, would not be penal. In other words, 5
disloyalty to Government
established by law is not the same thing as commenting in strong terms upon the
measures or acts of Government, or its agencies, so as to ameliorate the
condition of the people or to secure the cancellation or alteration of the
those acts or measure by lawful means that is to say, without exciting those feelings
of enmity and disloyalty which imply excitation to public disorder or the use
of violence.
This section requires two
essentials:-
1. Bringing or attempting
to bring into hatred or contempt or exciting or
attempting to excite
disaffection towards, the Government of India.
2. Such act or attempt may
be done (i) by words, either spoken or written,
or (ii) by signs, (iii) by
visible representation.
The law of sedition as
codified in India British India .
The essence of the crime of sedition, therefore, consists in the intention with
which the language is used and what is rendered punishable by section 124-A of
the penal code is the intentional attempt, successful or otherwise, the rouse
as against Government the feelings enumerated in the section, a mere tendency
in an Art. to promote such feelings is not sufficient to justify a conviction;
in other words, the prosecution must bring home to the accused that his
intention was as is described in the section itself.
2.2.2
CONTEMPT OF COURT ACT:
Contempt
of Court is also one of the reasonable restrictions under Article 19(2) of the
Indian Constitution. The Contempt of Court Act was enacted for the first time
in the year1952. But under this Act, there was no definite definition of
contempt of court. Later on, the Contempt of Court Act was again enacted in
1971, which was further amended in1976.According to this modified Act, a person
is said to be offender of Contempt of Court under following circumstances Charging
the judge with unreasonability and inability.
o
Expressing doubts on the prestige, status, rights or fairness of the judiciary.
Publication of any comment on the matters, which are under the proceedings
of the court and which may mislead the general public and which, lead them to be
prejudiced.
o
To cast aspersion or to attempt in influence or the judge, jury, advocates
or witness of any matters which are under the proceeding of the court.
o
To interfere in the judicial administration To threat the witnesses.
o
To attempt to obstruct in the police inquiry against the order of the judge,
publication of the proceedings of the court or the publications of the picture
of the accused
o Publication of
the report of the proceedings of the court and distorting the facts.
o
Wrongful publication of the proceedings of the court and distorting the
facts.
2.2.3
OFFICIAL SECRETS ACT, 1923:
This
is an act, which consolidates the law relating to official secrets, and deals with
offences like spying and wrongful communication of secret information. Section
3 of the Act makes it an offence if:
o
Any person for the purpose prejudicial to the public safety and the
interests of the state approaches, inspects, passes over or is in the vicinity
of, or enters, any prohibited place; or
o
Makes any sketch, plan, model or note which is calculated to be or might be
or is intended to be directly or indirectly useful to any other person any
secret official code or pass word, or any sketch, plan, model, article or note
or other document or information which is calculated to be or might be or is
intended to be directly or indirectly useful to an enemy or which relates to a
matter the disclosure of which is
likely
to affect the sovereignty and integrity of India the security of the state or friendly
relations with foreign states; In a prosecution for an offence punishable
under section 3(i) of the Act, with imprisonment for a term which may extend to
14 years. It is not necessary to show that the accused person was guilty of any
particular act tending to show a purpose prejudicial to the safety or interests
of the state, and
not
withstanding that no such act is proved against him, he may be convicted inform
the circumstances of the case or his conduct or his known character as proved,
it appears that his purpose was prejudicial to the safety or interest of the
state. However, there have hot been many cases of prosecution under this Act.
2.2.4
PRESS AND BOOKS REGISTRATION ACT:
The
Press and Books Registration Act, 1867 was enacted with a view to evaluating
the present position of books, newspapers and magazines in the country from
time to time.
The
prominent sections of this Act are follows:
o
Every book or paper printed within India
o
A printer can publish a paper (or anything which is of mass circulation) only
after the permission of District Presidency and Divisional Magistrate.
o
On every publication, the name of the proprietor and the editor must be printed
on each issue.
o
Printer and publisher should sign before the District Presidency or Sub
Divisional Magistrate after giving the information of language and periodicity
of the paper and after enclosing the written authority and the declaration of
the owner of the paper o The information of any change in the paper, language,
periodicity publisher etc. must be given to the general officer and a new
declaration must be received.
o
After the acceptance of the declaration if any weekly for 6 weeks or any
newspaper for 3 months is-not published then its authority-letter will be
treated as cancelled or invalid or unacceptable.
o
Where in any period of three months in daily, tri-weekly, bi-weekly, or
fortnightly newspaper publishes issues the number of which is less than half of
what should have been published in accordance with declaration will cease to
have an effect and will be treated as invalid or unacceptable.
o
A declaration will be treated as cancelled if the paper is not published within
one year.
o
The magistrate has power to make the declaration invalid or unacceptable by ordering
to thoroughly inquire into the matter on the demand of the Press Registrar or any
other person concerned.
o
If the declaration of a paper is cancelled, then the incumbent has the right to
go for an appeal well-within 60 days and not beyond that.
o
It is mandatory to send one copy of every published paper to thy Press
Registrar and two copies to the State Government free of cost.
o
For not complying with the press laws, the editor and the printer of the paper
are punishable with a fine, which may extend to two thousand rupees or with an imprisonment,
which may extend to six months or with both.
o
If the printer or publisher or editor is no more, then the information must
reach the Magistrate or else there may be a fine, which may extend to two
hundred only.
o
If any person violating the provisions of section 4 of this Act and without
having a declaration possesses a press, then the Magistrate may fine him with
Rs. 2000/- or with imprisonment of 6 months or with both.
o
If any person v deliberately makes a false declaration then he may be punished
with a fine of Rs. 2000/- and imprisonment of 6 months if he is proved to be so
before the
Magistrate.
o
In India
o
For sending wrong information to the Press Registrar, a person is punishable
with fine which may extend to Rs. 500/-
o
It is mandatory to send the details of the papers every year and on the
directives of the Registrar; it should be punished also.
o
The state Government with the permission of the central Government may by notification
in the official gazette, exclude any class of books or papers from the operation
of the whole or any part of this Act.
o
This Act extends to the whole of India
2.3
SUMMARY:
o
Defamation simply means tarnishing some body's image. It is an injury to a
man's reputation. It means speaking or writing something damaging or
diminishing the status or personality or prestige of a person or an
Organization. There are two types of Defamation: Libel is a written form
of defamation and Slander is a spoken form of defamation
o
Whoever, by words either spoken or intended to be read, or by signs or by
visible, representations makes or publishes any imputation concerning any
person intending to harm, or having reason to believe that such imputation will
harm the reputation of such person, is said except in cases hereinafter
excepted to defame that person.
o
Contempt of Court includes: charging the judge with unreasonability and
inability, expressing doubts on the prestige, status, rights or fairness of the
judiciary, publication of any comment on the matters, which are under the
proceedings of the court and which may mislead the general public and which,
lead them to be prejudiced, to cast aspersion or to attempt in influence or the
judge, jury, advocates or witness of any matters which are under the proceeding
of the court, to interfere in the judicial administration, to threat the
witnesses, to attempt to obstruct in the police inquiry against the order of
the judge, publication of the proceedings of the court or the publications of
the picture of the accused, publication of the report of the
proceedings
of the court and distorting the facts, etc.
.5
SELF-ASSESSMENT QUESTIONS (SAQs):
1.
What do you mean by defamation? What are the punishment for defamatory.
2.
What is Contempt of Court? Under what circumstances, a person is said to be
offender of Contempt of Court? Explain.
3.
Explain the importance Official Secrets Act.
4.
Discuss the Press and Books Registration Act? Explain the prominent sections of
this Act?
5.
What is difference between libel and slander? Give the concept of defamation in
the background of section 499 of the Indian Penal Code.
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