Media Laws and Ethics

Know all about Media Laws and Ethics in India. 

Media has been influencing the masses since before influencers and influencing, as we know it today, was a thing. However evolving, there have been an enormous number of media outlets since the advent of time. And with great reach, comes great responsibility (and power). Generally taught as a subject in one of the semesters of media and communication courses, Media Laws and Ethics is so much more than that. In this article, we will take a look at the media laws and ethics in our country, their importance, their evolution and much more. Let’s go. 

What are Laws and Ethics?

There’s no denying that an efficiently functioning society needs rules and regulations or else we will be pushed into a state of chaos and anarchy. That’s why we have laws. A law is a set of rules and regulations set by our elected representatives in both the government and the judiciary. Laws by definition have implications and consequences. Law breakers are punished. That’s the law. 

Ethics, on the other hand, are sets of values and principles that guide behaviour. While laws are absolute, ethics can be subjective. However, they’re just as influential in society (and media). 

Importance of Laws and Ethics in Media

It’s already established that the media has great power. It’s an immensely influential pillar of democracy. In the context of the media, laws and ethics have one primary importance which is protection. They protect the rights of individuals like privacy, reputation, freedom of expression, etc. They protect sensitive information from getting out that can compromise national security. They protect us from misinformation to some degree. Other functions of media laws and ethics are listed below. 

• Accountability - Media laws and ethics ensure that the media is held accountable. Since the media has so much power, they ensure that if media outlets have any harmful activities, they are held responsible for them. 

• Dealing with ethical dilemmas - In this line of work, freedom of expression may come into the way of protecting the privacy of individuals. This is where laws and ethical codes of conduct come into play. They provide a framework of operation and keep these operations in check. 

• Ensuring responsible journalism - Laws and ethics ensure that journalistic activities are fair and just and not biased towards groups, communities, etc. The goal is to maintain objectivity while reporting. 
• Promoting diversity and inclusivity - If ethics and laws are in place, it ensures that different perspectives, voices and different angles on the same subject are represented. This way media platforms become inclusive and maintain diversity. 

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Media Laws Before Independence

The British colonial regime controlled the media scene in pre-independence India. They passed several press laws. The same are listed below in chronological order. 

• First Press Regulations, 1799 - Also known as the Censorship of Press Act, 1799, this law was given by Lord Wellesley. As per this law, newspapers were not allowed to publish on Sundays. All the news was inspected by the then Government’s Secretary before being published. The Government’s Secretary also kept tabs on the editors and proprietors. They were supposed to provide their names and addresses to the Government. Also, the names of the printers, editors and proprietors were supposed to be published in each issue of the newspapers. The punishment for violation was a possible deportation to Europe. This act was abolished in 1813 under the administration of Warren Hastings. 
• Gagging Act, 1857 - The Gagging Act required a mandatory licensing of printing presses across the country. It also gave the Government the right to ban any piece of publication, mainly newspapers and books. The Government basically wanted to ban anything that spread hatred or diminished their authority. Consequently, the press didn’t have the freedom to criticise policies made by the British Government and question their authority. Supporting nationalist ideologies by means of printed material was also a no-no. This act was abolished in 1858. 
• Press and Registration of Books Act, 1867 - This act required printing presses and publishers to register with the Government. Another requirement of the act was that a copy of all publications must be submitted to the Government for record keeping. Books mandatorily needed to mention the name of the printer and the place of printing. Similarly, newspapers also needed to mention the name of the owner, the editor and the date of publication. Violators were punished by being jailed. 
• Vernacular Press Act, 1878 - This one was exclusive for publications in Indian languages. It gave the Government extensive rights to censor publications in the vernacular press. Anything they found seditious, offensive or against British rule, they censored. Another provision of the act required newspapers and other regular publications to register with the Government. It was quite strict. 
• Indian Press Act, 1910 - This act also influenced the activities of the Indian press a great deal. Anybody who published anything even remotely radical and against the government was either imprisoned or executed. It allowed local Governments to issue warrants against the press and deregister publications on the same grounds. Censorship was at its strictest. 
• Official Secrets Act, 1923 - As the name suggests, this one stopped people from divulging official secrets. It applied not only to the press but also any individuals, Government officials, etc. It defined official secrets as any information on the affairs of the Government, diplomatic secrets, and information related to the defence and the military. Spies and people who committed wrongful communication were prosecuted with fines or even imprisonment. 

Media Laws After Independence

Once the country was free of British rule, electronic media also became prevalent. The Constitution spoke of the freedom of speech and expression, many acts were made, and laws were passed. Let’s list them. 

1. Freedom of Speech and Expression -

Article 19 (1) (a) of the Indian Constitution gives all the citizens of the country the fundamental right to freedom of speech and expression. It has several other aspects, such as freedom of the press, freedom of commercial speech, right to broadcast, right to information, right to critique, etc. It includes various forms of expressions like writing, speech, music, art and even gestures. However, it’s not absolute in nature. Article 19 (2) explains the instances in which this freedom will be restricted. Those instances are - 

• Sovereignty and Integrity of India - If freedom of speech and expression puts the sovereignty and integrity of the country in harm's way, the Government can put a stop to it. 
• Security of the State - Any speech that threatens the security of the country will be banned or taken action against. 

• Foreign Relations - If speech and expression threaten friendly relationships with foreign countries, they’ll be restricted. 

• Defamation - The Government has the right to restrict any defamatory speech.

• Public Order - Speech that disturbs public order will also be restricted. 

• Decency or Morality - Hate speech that is indecent and obscene will be restricted. 
• Contempt of Court - Speech that comes in the way of justice will be restricted. 

2. Copyright Act 1957 -

This piece of legislation protects creators like authors, artists, musicians, filmmakers and even computer programmers from illegal and unwanted appropriation and use of their works. It has the following key aspects - 

• Copyright Ownership - Creators are copyright owners (creators have to apply, fill out a form and pay a fee for copyrights, click here for more). These copyrights can also be transferred or assigned. 
• Duration of a Copyright - The duration for which a copyright is assigned may vary based on the type of work that has been created. However, for literary, dramatic, musical or other artworks it may last for a lifetime plus 60 years after the creator’s death. 
• Exclusive Rights - Having a copyright over your work gives you the exclusive right to perform, broadcast, publish and reproduce it. 

• Fair Use - Copyright laws allow the use of creations for the purposes of teaching, criticism and review, reporting news or research. 
• Infringement - Copyright infringement occurs when a copyrighted work is reproduced, publicly displayed, performed, distributed or made derivatives of, without the consent of the owner. Copyright owners can take several actions against infringers like filing a civil or criminal lawsuit. Infringers can also compensate by paying damages, injunctions and profit accounts to the owner. 

3. Contempt of Court -

This act was enacted in 1971. However applicable to every individual, it also has a specific relevance to the media. Contempt of court happens in the following ways. 

• Ignoring or disobeying court orders. 
• Disturbing the court or taking pictures in the courtroom. 
• Publicly commenting on a court case. 
• Refusing to answer questions as a witness. 

There are two types of contempt of court in our country - 

• Civil Contempt - It happens when you willfully disobey a court order, judgement, direction or decree. 
• Criminal Contempt - Criminal contempt happens when someone scandalises or interferes with the administration of justice or the due course of judicial proceedings in words, spoken or written or any form of visible communication like videos, imagery or even signs. 

Contempt of court is punishable by fines, imprisonment or both. 

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4. Cable TV Regulation Act, 1995 -

This act was passed for the regulation of cable TV networks in the country. It has the following provisions - 

• Programming Standards - This act provides a set of standards for programming content on television channels. It restricts harmful, obscene and indecent content. 

• Advertising Restrictions - This provision regulates the advertising of misleading and deceptive products and services on television. 

• Licensing - This one requires television broadcasters to obtain licenses from the Ministry of Information and Broadcasting. 

• Dispute Resolution - It provides a system for dispute resolution between broadcasters and subscribers. 
• Tariff Regulations - This provision is for guidelines based on which broadcasters charge viewers. 

5. Information Technology Act, 2000 -

This act is concerned with electronic governance in the country. Two sections of the act are concerned with social media regulation. Those are - 

• Section 69A of the IT Act, 2000 - This section allows the government to block information from public access on grounds of threat to the integrity and sovereignty of the country, security of the state, public order, foreign relations, and sensitive information pertaining to the defence of India.
• Section 79(1) of the IT Act, 2000 - This section exempts intermediaries (like social media platforms) from what content third-party users put online.

6. Press and Registration of Periodicals Act, 2023 -

According to this act, every newspaper and periodically published entity in India must be registered with the Registrar of Newspapers for India (RNI). This registration is to be renewed periodically. Along with registering, publishers must submit certain information like the name of the publication, its frequency, names and addresses of the printer, publisher and editor. It also states that publishers must declare their ownership and interests in their publications. Those who fail to comply with the act can be punished with a fine or imprisonment or both. 

Note - These laws and acts have undergone several amendments over the years. Google for more. 

Defamation -

Defamation involves the wrongful making and publishing of statements that can harm somebody’s reputation. It is considered a civil wrong. This implies that the affected party can sue the party that defames it for damages. These damages can be compensatory (the affected party gets paid) or punitive (the accused are punished). Injunctions also remedy defamation. In case of injunctions, the accused are prohibited from further publishing or spreading defamatory statements. 

There are two types of defamation - libel and slander. Libel is when defaming stuff is written or published (there’s a record of it) while slander is verbal defamation.

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Media Ethics 

Similar to laws, ethics ensure rightful media conduct. The only difference is that not following ethics does not lead to punishment. Some media ethics are listed below. 

• Truthfulness 
• Caution against defamatory writing 
• Authenticity and appropriateness of photographs 
• No sensationalism 
• Caution against publishing names and pictures of sex crime victims 
• Accuracy 
• Privacy 
• Conflicts of interest should be avoided 

To conclude, media laws and ethics are essential not only to those pursuing a career in journalism and mass communication but also to the consumers of media. It’s good to be aware. 

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