Media & Press Acts

Development
Mass Media laws in India
Lord Wellesley Censorship of Press Act, 1799
Licensing Regulations Act, 1823
Press Act ,1835
Gagging Act ,1857
The Press & Registrations of Books Act, 1867
Sea customs Act, 1878
Vernacular Press Act , 1878
Indian Press Act , 1910
The Press (Objectionable Matter) Act , 1951
The Cinematograph Act , 1952
The Working Journalists Act, 1955
Young Persons Act , 1956
Parliamentary Proceeding Act, 1956
The Newspaper Act (Price & Wages), 1956
The Copyright act , 1957
Defence of India Act, 1962
The Press Council Act of 1965
Civil Defence Act, 1968
Monopoly and Restrictive Trade Practice Act, 1969
RTI Act , 2005
Some Other Acts

1. Major Press & Media Act’S . Notes By : Ashish Richhariya Course : FTNMP / BMM Designation : Faculty at Thakur College Of Science & Commerce Query : [email protected]

2. CONTENT Development Mass Media laws in India Lord Wellesley Censorship of Press Act, 1799 Licensing Regulations Act, 1823 Press Act ,1835 Gagging Act ,1857 The Press & Registrations of Books Act, 1867 Sea customs Act, 1878 Vernacular Press Act , 1878 Indian Press Act , 1910 The Press (Objectionable Matter) Act , 1951 The Cinematograph Act , 1952 The Working Journalists Act, 1955 Young Persons Act , 1956 Parliamentary Proceeding Act, 1956 The Newspaper Act (Price & Wages), 1956 The Copyright act , 1957 Defence of India Act, 1962 The Press Council Act of 1965 Civil Defence Act, 1968 Monopoly and Restrictive Trade Practice Act, 1969 RTI Act , 2005 Some Other Acts Thakur College Of Science & Commerce , Mumbai

3. ‘Someone was enjoying but someone wants to cry loud.’ Thakur College Of Science & Commerce,Mumbai

4. “The silence of someone lead to …” Thakur College Of Science & Commerce,Mumbai

5. Growth/Evolution /Development of Indian Press during British Rule in India Thakur College Of Science & Commerce,Mumbai

6. Growth/Evolution /Development of Indian Press during British Rule in India The evolution of Indian Press was fought with developmental difficulties, illiteracy, colonial constraints and repression. It distributed the ideas of freedom and became prominent tool for freedom struggle. The Bengal Gazette or Calcutta General Advertiser” started by James Augustus in 1780. Thakur College Of Science & Commerce,Mumbai

7. Hicky's Bengal Gazette or the Original Calcutta General Advertiser  was an English language weekly newspaper published in Kolkata (then Calcutta), the capital of British India. It was the first newspaper printed in Asia, and was published for two years, between 1780 and 1782, before the East India Company seized the newspaper's types and printing press. Founded by James Augustus Hicky , a highly eccentric Irishman who had previously spent two years in jail for debt, the newspaper was a strong critic of the administration of Governor General Warren Hastings. The newspaper was important for its provocative journalism and its fight for free expression in India. Thakur College Of Science & Commerce,Mumbai

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10. In 1780, James Augustus Hickey started “The Bengal Gazette or Calcutta General Advertiser” which was seized in 1782 because of its outspoken criticism of the Government. Later, more newspaper /journals came up – (Rise) The Bengal Journal. Calcutta Chronicle. Madras Courier. Bombay Herald & many more. And this effort of Hickey laid the foundation of press in India. The evolution of Indian Press. Thakur College Of Science & Commerce,Mumbai

11. Mass Media laws in India Mass Media laws in India have a long history and are deeply rooted in the country’s colonial experience under British rule. The earliest regulatory measures can be traced back to 1799 when Lord Wellesley promulgated the Press Regulations, which had the effect of imposing pre-censorship on an infant newspaper publishing industry. The onset of 1835 saw the promulgation of the Press Act, which undid most of, the repressive features of earlier legislations on the subject. On 18th June 1857, the government passed the ‘Gagging Act’, which among various other things, introduced compulsory licensing for the owning or running of printing presses; empowered the government to prohibit the publication or circulation of any newspaper, book or other printed material and banned the publication or dissemination of statements or news stories which had a tendency to cause a furore against the government, thereby weakening its authority. Thakur College Of Science & Commerce,Mumbai

12. Then followed the ‘Press and Registration of Books Act’ in 1867 and which continues to remain in force till date. Governor General Lord Lytton promulgated the ‘Vernacular Press Act’ of 1878 allowing the government to clamp down on the publication of writings deemed seditious and to impose punitive sanctions on printers and publishers who failed to fall in line. In 1908, Lord Minto promulgated the ‘Newspapers (Incitement to Offences) Act, 1908 which authorized local authorities to take action against the editor of any newspaper that published matter deemed to constitute an incitement to rebellion. History of Media Regulations was the 26th of January 1950 – the day on which the Constitution was brought into force. The colonial experience of the Indians made them realise the crucial significance of the ‘Freedom of Press’. Such freedom was therefore incorporated in the Constitution; to empower the Press to disseminate knowledge to the masses and the Constituent Assembly thus, decided to safeguard this ‘Freedom of Press’ as a fundamental right. Although, the Indian Constitution does not expressly mention the liberty of the press, it is evident that the liberty of the press is included in the freedom of speech and expression under Article 19(1)(a). It is however pertinent to mention that, such freedom is not absolute but is qualified by certain clearly defined limitations under Article 19(2) in the interests of the public. It is necessary to mention here that, this freedom under Article 19(1)(a) is not only cribbed, cabined and confined to newspapers and periodicals but also includes pamphlets, leaflets, handbills, circulars and every sort of publication which affords a vehicle of information and opinion. Thus, although the freedom of the press is guaranteed as a fundamental right, it is necessary for us to deal with the various laws governing the different areas of media so as to appreciate the vast expanse of media laws. Thakur College Of Science & Commerce,Mumbai

13. “Our freedom depends in large part, on the continuation of a free press, which is the strongest guarantee of a free society.” - Richard M. Schmidt Thakur College Of Science & Commerce,Mumbai

14. Lord Wellesley Censorship of Press Act, 1799 Lord Wellesley enacted Censorship of Press Act, 1799. First Press Censorship Act- 13 th May 1799. Compulsory Printing the names ,address of printer, publisher , editor & other authorities. It was enacted by the Lord Wellesley, anticipating French invasion of India. It imposed almost wartime press restrictions including pre-censorship which was later relaxed by the Lord hasting. Thakur College Of Science & Commerce,Mumbai

15. Licensing Regulations act, 1823 It was enacted by the John Adams. According to this regulation, press without license was a penal offence. The restriction was directed mainly to Indian language newspapers or those edited by the Indians. According to this- Every publisher should get a license from the government, defaulters would be fined Rs 400 and the press would be ceased by the government. The government has the right to cancel the license. These restrictions were directed chiefly against Indian language newspapers or those edited by Indians. Raja Rammohan Roy’s   Mirat - ul -Akbar   had to stop publication. Charles Metcalf  (Governor-General of India 1835-36) abolished the Act. Thakur College Of Science & Commerce,Mumbai

16. PRESS ACT OF 1835 In 1835 Sir  Charles Metcalfe  restored the freedom of the Press with the passing of the Press Law. The new Press Act (1835) required a printer/publisher to give a precise account of premises of a publication and cease functioning if required by a similar declaration. The result of a liberal press policy was the rapid growth of newspapers. Thakur College Of Science & Commerce,Mumbai

17. Gagging act -1857 During the Indian Rebellion of 1857, the “Gagging Act” had been passed by Lord Canning, which sought to regulate the establishment of printing presses and to restrain the mad of printed mater. All presses had to have a license from the government with distinction between publications in English and other regional languages. The Gagging Act also held that no printed material shall impugn the motives of the British Raj, tending to bring it hatred and contempt and exciting unlawful resistance to its orders. When the British Government found that the Gagging Act was not potent enough to repress all nationalist sentiments they came up with some more forcible acts. Mandatory licensing for running or owning the printing press. Thakur College Of Science & Commerce,Mumbai

18. PRESS AND REGISTRATION OF BOOKS ACT,1867 This act has been introduced to regulate printing-presses and newspapers. It provides for the preservation of copies of books and newspapers printed in India and for the registration of such books and newspapers. The law applies to the whole of India. According to this act, "Book" includes every volume, part of division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed. WHAT’S THE PUNISHMENT: Whoever shall edit, print or publish any newspaper without following the rules laid down is liable to be punished with fine of not less than Rs 2000 or imprisonment for a term not exceeding six months, or both. If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration shall be punishable by fine not exceeding Rs 200. Thakur College Of Science & Commerce,Mumbai

19. Sea customs act, 1878 In India, the “Customs” in the modern form was introduced soon after the consolidation of British rule. The trade in this country was then mainly by sea and with England and other European countries. There was no single act or enactment of Customs laws in India prior to 1878. The need for such an enactment was felt for the sake of uniformity of laws prevailing in Indian States under British occupation. The laws relating to the levy of Customs duty, valuation, penal provisions and enforcement were first compiled and enacted in 1878. These laws were confined only to Sea Customs and the statute was known as the Sea Customs Act, 1878. It was followed by enactments of other Acts until their repeal & amalgamation in 1962. Prohibition on bringing any banned material in any form (Books, gold, phamphlet’s , weapon’s, alcohol ,etc) Thakur College Of Science & Commerce,Mumbai

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21. Vernacular press act, 1878 Vernacular press Act was passed on 1 st March 1878. British government was having more control over Hindi & Indian Language Newspapers. It was constituted for ‘better control’ of the vernacular press and effectively punished and repressed seditious writing. The district magistrate was empowered to call upon the printer and publisher of any vernacular newspaper to enter into a bond with the Government undertaking not to cause disaffection against the government or antipathy between persons of different religions, caste, race through published material; the printer and publisher could also be required to deposit security which could be seized if the offences reoccurred. The magistrate’s action was final and no appeal could be made in a court of law. A vernacular newspaper could get an exemption from the operation of the Act by submitting proof to a government censor. Thakur College Of Science & Commerce,Mumbai

22. VERNACULAR PRESS ACT 1878 The Act provided for submitting to police all the proof sheets of contents of papers before publication. What was seditious news was to be determined by the police, and not by the judiciary. Under this Act many of the papers were fined, their editors jailed. The affected party could not seek redress in a court of law. The fixed amount had to be paid for security guarantee. This law was not applicable to the English Press. It was repealed by Lord Ripon in 1882. Thakur College Of Science & Commerce,Mumbai

23. At the time of the first war of independence, any number of papers were in operation in the country. Many of these like  Bangadoot  of Ram Mohan Roy,  Rastgoftar  of Dadabhai Naoroji and  Gyaneneshun  advocated social reforms and thus helped arouse national awakening. At was in 1857 itself that  Payam -e- Azadi  started publication in Hindi and Urdu, calling upon the people to fight against the British. The paper was soon confiscated and anyone found with a At the time of the first war of independence, any number of papers were in operation in the country. Vernacular Newspaper Thakur College Of Science & Commerce,Mumbai

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25. Indian press act ,1910 Security deposit was asked and this security get dissolved if they print any objectionable material. This act was a revision of the Vernacular Act that empowered the local government to demand a security at registration from the printer/publisher and forfeit/deregister if it was an offending newspaper. The printer of a newspaper was required to submit two copies of each issue to local government. Thakur College Of Science & Commerce,Mumbai

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27. Act’s after independence Thakur College Of Science & Commerce,Mumbai

28. The press (objectionable matter) act, 1951 This enactment provides against the printing and publication of incitement to crime and other objectionable matters. It restrict the printing & publication of any kind of wrong doing or crime and objectionable matters. Thakur College Of Science & Commerce,Mumbai

29. The Cinematograph Act, 1952 The Cinematograph Act of 1952 has been passed to make provisions for a certification of cinematographed films for exhibitions by means of Cinematograph. Under this Act, a Board of Film Censors (now renamed Central Board of Film Certification) with advisory panels at regional centre is empowered to examine every film and sanction it whether for unrestricted exhibition or for exhibition restricted to adults. The Board is also empowered to refuse to sanction a film for public exhibition. Thakur College Of Science & Commerce,Mumbai

30. Deliveries of books & newspaper Act, 1954 Delivery of Books and Newspapers (Public Libraries) Act, 1954  – According to this Act, the publishers of books and newspapers are required to deliver, free of cost, a copy of every published book to the National Library at Calcutta and one copy each to three other public libraries specified by the Central Government. Thakur College Of Science & Commerce,Mumbai

31. Drug & Magic remedies act,1954 The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act of the Parliament of India which controls advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties, and makes doing so a cognizable offence. Thakur College Of Science & Commerce,Mumbai

32. The act defines "magic remedy" as any talisman, mantra, amulet or any other object which is claimed to have miraculous powers to cure, diagnose, prevent or mitigate a disease in humans or animal. The law prohibits advertising of drugs and remedies for inducing miscarriage or preventing conception in women improving or maintaining the capacity for sexual pleasure correction of menstrual disorders curing, diagnosing or preventing any disease or condition mentioned in an included schedule Thakur College Of Science & Commerce,Mumbai

33. The Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955  It lays down the minimum standards of service conditions for newspaper employees and journalists. Thakur College Of Science & Commerce,Mumbai

34. Young persons Act , 1956 (a)“Harmful publication” means any book, magazine, pamphlet, leaflet, newspaper) or other like publication which consists of stories told with the aid of pictures or without the aid of pictures or wholly in pictures, being stories portraying wholly or mainly-  ( i ) The commission of offences; or (ii)Acts of violence or cruelty; or  (iii)Incidents of repulsive or horrible nature; in such way that the publication as a whole would tend to corrupt a young person into whose hands it might fall, whether by inciting or encouraging him to commit offences or acts of violence or cruelty or in any other manner whatsoever;  (b)“State Government” in relation to a-Union Territory, means the administrator thereof,  (c)“Young person” means a person under the age of twenty years.  It prohibits the publication of such literature which glorifies the crime, violence or cruelty. Thakur College Of Science & Commerce,Mumbai

35. Parliamentary Proceeding Act, 1956 An Act to repeal the Parliamentary Proceedings (Protection of Publication) Act, 1956. BE it enacted by Parliament in the Twenty - seventh Year of the Republic of India as follows: --     (1) This Act may be call the Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976 . (2)  It shall be deemed to have come into force on the 8 th  day of December, 1975 . It helps in protecting the reports of publication or proceedings of parliament except in newspaper.    Thakur College Of Science & Commerce,Mumbai

36. NEWSPAPER  ( PRICE  AND PAGE)  ACT ,  1956 An  Act  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 expression. . Thakur College Of Science & Commerce,Mumbai

37. The copyright act , 1957 ‘Copyright’ means the exclusive right to commercially exploit the original literary, dramatic, artistic, musical work, sound recordings or cinematographic films as per the wishes of the owner of copyright subject to the restrictions imposed in the Act. Although this Act, is applicable to all the branches of media, in some areas it is specific to this particular genre. In the case of a Cinematographed film, to do or to authorize the doing of any of the following acts would lead to the infringement of copyright. Those acts are namely:- · To make a copy of the film · To cause the film, in so far, as it consists of visual images, to be seen in public and in so far as it consists of sounds to be heard in public · To make any record embodying the recording in any part of the soundtrack associated with the film by utilizing such sound track · To communicate the film by radio-diffusion The Act also makes it a cognizable offence for anyone to sell, hire, distribute, exhibit, possess or view any unauthorized recordings and prescribes severe penalties, including imprisonment, fines as well as confiscation of the equipment used for the purpose of such recording and exhibition. The Amendments to The Copyright Act also prohibit unauthorized transmission of films on the cable television. Thakur College Of Science & Commerce,Mumbai

38. Defence of India Act, 1962 This Act came into force during the Emergency proclaimed in 1962. This Act aimed at restricting the Freedom Of The Press to a large extent keeping in mind the unrest prevailing in India in lieu of the war against China. The Act empowered the Central Government to issue rules with regard to prohibition of publication or communication prejudicial to the civil Defence /military operations, prevention of prejudicial reports and prohibition of printing or publishing any matter in any newspaper. Thakur College Of Science & Commerce,Mumbai

39. The  Press Council of India   act, 1965 The  Press Council of India  is a statutory, adjudicating organization in India formed in 1966 by its parliament. It is the self-regulatory watchdog of the press, for the press and by the press, that operates under the Press Council Act of 1978. The Council has a chairman – traditionally, a retired Supreme Court judge, and 28 additional members of which 20 are members of media, nominated by the newspapers, television channels and other media outlets operating in India.  In the 28 member council, 5 are members of the lower house ( Lok Sabha ) and upper house ( Rajya Sabha ) of the Indian parliament and three represent culture literary and legal field as nominees of Sahitya Academy, University Grant Commission and Bar Council of India . Justice  Chandramauli Kumar Prasad is Chairman of the Council as of 2015.  He has been appointed for a second term. The predecessor was Justice  Markandey Katju (2011 – 2014) Thakur College Of Science & Commerce,Mumbai

40. Civil defence act, 1968 The Civil Defence Act, 1968 defines civil defence as any measure, not amounting to actual combat, that protects persons, property and places in India from hostile attack.  It includes measures that deprive such attack of its effect.  The measures may be taken before, after or during such attack. Powers of the Central Government The central government may make rules regarding a number of items.  Some of these are related to: Instruction of members of public regarding civil defence and equipment for that purpose Prohibiting and regulating traffic. Control of light and sounds Prohibiting or regulating the use of explosives, vessels, wireless telegraph, photographic and other recording equipment Control of roads, waterways, water supply etc. Preventing and controlling the use of uniforms Prohibiting any person to be out of doors between specified hours Regulating the conduct of persons in areas, the control of which is considered necessary or expedient Prohibiting the printing and publishing of newspaper, book etc containing matters prejudicial to civil defence . Thakur College Of Science & Commerce,Mumbai

41. Powers of the State Government Constituting Civil Defenses Corps for any area within the state, and appointing a person of the rank of District Magistrate or higher as its Controller Appointing a Director of Civil Defence , to whom the Controllers have to report Making orders under the rules framed by the central government. Other Key Features The Act specifies penalties for non-compliance Orders made in exercise of any power conferred by this Act may not be questioned in any court The provisions of this Act do not apply to the Armed Forces of the Union. The Amendment Bill The Civil Defence Amendment Bill, 2009 expands the definition of civil defence to include “any measure taken for the purpose of disaster management before, during, at or after any disaster”. The Bill defines “disaster” and “disaster management” as defined in the Disaster Management Act, 2005. Issues for Consideration This Bill amends the Civil Defence Act, 1968 to enable the provisions of that Act to be applied during disasters.  Currently, these provisions may be used only at times of a hostile attack. Thakur College Of Science & Commerce,Mumbai

42. monopoly and restrictive trade practice act,1969 1. The act came into force from 1st June, 1970. The act aims to prevent concentration of economic power, provide for control of monopolies, and protect consumer interest. Currently, the MRTP Act has been renamed as the Competition Act, 2002, with a few changes to it. 2. To ensure that the operation of the economic system does not result in the concentration of economic power in the hands of few. To provide for the control of monopolies To prohibit monopolistic and restrictive trade practices. After the amendment of the act in 1984, a 4th objective was introduced, which was Regulation of Unfair Trade Practices. 3. The MRTP Act extends to the whole of India except Jammu and Kashmir. Unless the Central Government otherwise directs, this act SHALL NOT apply to: Any undertaking owned or controlled by a Government company Any undertaking owned or controlled by the Government Any undertaking owned or controlled by a corporation (not being a company established by or under any Central, Provincial or State Act) 4 Any trade union or other association of workmen or employees formed for their own reasonable protection as such workmen or employees. Any undertaking engaged in an industry, the management of which has been taken over by any person or body of persons under powers by the Central Government. Any undertaking owned by a co-operative society formed and registered under any Central, Provincial or State Act. Any financial institution. 5. A Monopolistic Trade Practice is that which represents abuse of market power in production and marketing of goods and services by eliminating potential competitors, charging unreasonably high prices, preventing or reducing competition, limiting technical development, deteriorating product quality, etc. Thakur College Of Science & Commerce,Mumbai

43. Rti Act , 2005 Right to Information is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. Thakur College Of Science & Commerce,Mumbai

44. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. Every day, over 4800 RTI applications are filed. In the first ten years of the commencement of the act over 17,500,000 applications had been filed Thakur College Of Science & Commerce,Mumbai

45. Some other acts Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 This legislation affords a measure of protection to those employed in the industry by imposing certain obligations on motion picture producers and theatre owners concerning the former’s condition of service. Cine Workers Welfare Cess Act, 1981 and the Cine Workers Welfare Fund Act 1981 They seek to create means of financial support to cine employees, the seasonal and unpredictable nature of whose employment often leaves them impoverished and helpless. Besides these, there are also a few local legislations, which affect the film medium; viz. The Bombay Police Act, 1951 It contains provisions empowering the police to regulate the exhibition of films in the state of Maharashtra (formerly Bombay). Bombay Cinemas (Regulation) Act, 1953 It provides a scheme for state licensing of cinema theatres and other places where motion pictures are exhibited The Bombay Entertainments Duty Act, 1923 It imposes a tax on the public exhibition of motion pictures and other forms of entertainment. Thakur College Of Science & Commerce,Mumbai

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