Media law assignment PRESENTATION .pptx

Media law assignmen

1. Media law assignment

2. QUESTION :1 In K.A, Abbas Vs Union of India, the petitioner Abbas was an award winning film producer. The Film Board denied unrestrained screening of his documentary named “ ATale of Four Cities” as it contained scenes from a Red Light District situated at Bombay. The board asked the petitioner to edit a few scenes if he wanted his documentary to get qualified and obtain a screening certificate. The petitioner was not satisfied with the decision given by the film board and therefore he filed a suit in the Supreme Court stating that the board should be made liable for having violated his right of freedom of expression which was granted to him by the Constitution of India under Article 19 (1) (a).Is censorship a violation of Article 19, 14 and 21 of the Indian Constitution with regard to the film producers? Does the CBFC guidelines amount to prejudicial curtailment of the film maker’s right to freedom of speech and expression? Justify your answers.

3. ANS. 1 No, censorship and the CBFC guidlines are not in violation of Article 19, 14 and 21 of the Indian Constitution with regard to the film producers Justification As article 19 of the Indian Constitiion talks about freedom of speech and expression which gives media, press, film producers freedom to express their views to present their thoughts in front of the general public As well as article 14 of the Indian Constitution states  Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. And article 21 of the Indian constitution gives every citizen “the right to life and personal liberty” But no right is an absolute right their are always some reasonable restrivtion imposed on the every right for the interest of the general public Where on the one side article 19(1) gives the freedom of speech and expression also on the other side it have certain restriction which are specified under article 19(2)

4. Describe about the grounds of restriction which are interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence As well reasonable classification is also not the infringement of article 14 and same as all the things which are to done in accordance of proceedure establish by law work as an exception of article 21 Here in the case of K.A, Abbas Vs Union of India The Court thereby held the view that “censorship of films, their classification according to the age groups and their suitability for unrestricted exhibition with or without excisions is regarded as a valid exercise of power in the interest of public morality, decency etc. This is not to be construed as necessarily offending the freedom of speech and expression”. Here by it is contended that censorship boards are acting as supervisory body to look after which content is suitable for the public intrest and which is to be restrain as on the grounds mention under article 19(2) which si very important . They are not curtailing any right of the film producers here the on the ground of decency and morality the censor boar had ordered to cut out certain scene whcih is necessary to be removed.

5. cases Their are few cases, in relation to that the censorship and the guidlines of the CBFC is not the violation of the fundamental rights of the film producers guarunteed under article 14 19 and 21 of the Indian constitution  S. Rangrajan v. P. Jagjivan Ram the Supreme Court again confronted the question of censorship of films vis -a- vis Article 19(1)(a) of the Constitution. In this case, the Madras High Court revoked the 'U' certificate issued to a film entitled "Ore Oru Gramathile " ("In Just One Village"), and also banned the exhibition of the film as there was some public protest against the film. The film was critical of the reservation policy of the Government of Tamil Nadu. During the pendency of the case, the film received the National Award by the Directorate of Film Festival of the Government of India. The Court was of the opinion that:"if exhibition of the film cannot be validly restricted under Article 19(2), it cannot be suppressed on account of threat of demonstration and precessions or threat of violence. That would tantamount to negation of the Rule of Law and surrender to blackmail and intimidation. It is the duty of the State to protect the freedom of expression since it is a liberty guaranteed to handle the hostile audience problem. It is its obligatory duty to prevent it and protect the freedom of expression "

6.   Bandit Queen case In this case, the petitioner Om Pal Singh Hoon filed a petition asking the court to quash the certificate of exhibition for screening the film "Bandit Queen" and also to restrain its exhibition in India. It was contended in the petition that the depiction of the life story of Phoolan Devi in this film was "abhorrent and unconscionable and a slur on the womanhood of India." The way the rape scenes were depicted and the manner in which such scenes were picturised was also questioned and it was also contended that the depiction of Gujjar community in those scenes amounts to moral depravity of that particular community. "The film must be judged in its entirety from the point of overall impact. Where theme of the film is to condemn degradation, violence and rape on women, scenes of nudity and rape and use of expletives to advance the message intended by the film by arousing a sense of revulsion against the perpetrators and pity for the victim is permissible.“ State of Gujarat v Mirzapur Moti KureshiKassab Jamat (2005) 8 SCC 534 The Supreme Court in this case stated that a total prohibition under Article 19(2) to (6) must also satisfy the test that a lesser alternative would be inadequate.

7. QUESTION 2 Few years back, secret documents related to Rafael deal went missing resulting in a widespread public attention. Attorney General for the day denied providing information on the deal as it could not be disclosed for national security reasons, cautioning judicial restraint, simultaneously threatening a media house for publishing the ‘ secret’information that was already in the public domain. The constitutional freedom to use andpublicise information is directly affected by the provisions of the Official Secrets Act,1923. The battle is now between the freedom of speech and official secrecy. It is oftenargued that the Official Secrets Act (OSA) which is of 1923 vintage and acomplicated piece of legislation has no reason to remain on our statute books after the Right to Information Act of 2005. In the light of leak of important informationfrom key ministries of the union government, critically comment. Can officialdeals , if wrongful, be protected under the curtains of secrecy? Should RTI be used inthe Official Secrets documents like Rafael deal which could affect the national securitymatters ? Explain your reasons.

8. . ANS.2 No official deals, if wrongful, cannot be protected under the curtains of secrecy, beacause The Constitution of India provides the right to nformation to the citizen though does not specifically mention the right to information. But it is the considered opinion of many experts that in a number of articles there- are clear hints to this right. For example, the Art. 191(a) says that all citizens have the right to freedom of speech and expression. In the opinion of the judiciary the right to freedom of speech and expression has no practical value without the right to information, because whenever a citizen wants to express his view he must be in possession of sufficient information about the issue on which he expresses his opinion. Treesa Irish vs The Central Public Information  The Kerala High Court in its judgment of a case in 2010 said that the right to information is considered as an integral part of the right to freedom of speech and expression  the Act intends to bring in a total change in the mindset of secrecy generated by the colonial legislations such as the Official Secrets Act and the Law of Evidence. This Act has been given an overriding effect on the other Acts including the Official Secrets Act, 1923.

9. . . The information which is purely personal nature and which has nothing to do with public interest. It may relate to an individual. This information may have strictly personal contents which may result in invasion to individual’s privacy,   this is an attempt to keep the private life separate from public life If the Information pertaining to a private individual has no connection with the public interest, it cannot be disclosed under the Act in normal course. Section 2(f) of the RTI act aslo states that "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. So the official deals are also falls under the ambit of right to information. Also their are certain exception that is of article 19(2) of constitution of india as well as section 11 of the RTI act Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. However in the case of official wrongful deals it untill does not attracted by any of the exception and they are under the right to information act and no one can untail the disclosure of such datas .

10. . No RTI can not be used in the Official Secrets documents like Rafael deal which could affect the national security matters As section 8 1(a) of the RTI act states that 8. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. Here any of the information which contain any such datat whoes disclosure would lead to the threat of the national security for that RTI cannot be be used If a person obtains, collects, records, publishes or communicated such information with the intention of making it directly or indirectly useful to an enemy or if such disclosure is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States, he or she may be sent to prison for three years. Here disclosure of such an informantion would led to threat to national security such an disclosure is not to be used under the RTI act it is protected under the exceptions as well as by OSA and as states under RTI RTI RTI Act removes the conflict by the sub-section (2) of section (8), and section (22) of the RTI Act. Official Secrets Act is still valid to the extent that it doesn’t contradict any provision of the RTI Act. and here as per the present situation it is necessary to protect from RTI.

11. QUESTION 3 Media intrusion is an ethical dilemma for the developing nations of the globe. It has grown up to be a trend that media come forward to investigate the truth. ‘Trial by media’is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law or in famous cases like Jessica Lal Case or Nitish Katara murder case or the recent Nirbhaya case. Ismedia involvement unethical? Is the media’s interference undue? Does the reliability ofnews media depend on unbiasness , objectivity and clarity of the information? Explain4. Do restrictions imposed on the media by the Official Secrets Act affect publication of information in public interests? Discuss.

12. . ANS 3 Involvement of media in such cases or judial prceeding of we can say media trail are to some extent unethical basically its remarking as good or bad is the two sides of the same coin to same extend it is advantagious as they highlight each and every perspective and provide iformation about the leading judegement at the various stages of that leading case but as the same time it could be unethical or misleading because of the following reasing it could lead to miscarriage of justice is that, if we are to comment on the judgement given or the proceedings of the case etc, we will be amounting to contempt of court and defamation. Ideologically, too, it would be an unethical practice and to carry out such virtual trials by the media because the judges credibility will be at stake The country doesn’t allow us to opine or remark on a verdict. Remarking or commenting negatively on a judgement might land up in contempt of court. In some cases, it may so happen that with the help of the prima facie evidence, the actual culprit gets bail or even gets acquitted. If the media delays in opining about such judgements or doesn’t immediately take action by publicising or highlighting the victim’s plight, victim’s version etcc , it would be too late to get hold of the culprit again because he may destroy evidence, warn the victim or even leave the country and take refuge elsewhere.

13. . . media is considered to be the fourth pillor of the democracy as well as the watch dog but several times media itself conducts a separate investigation, builds a public opinion against the accused even before the court takes cognizance of the case. By this way it discriminates the public, which many times resulted as it could happen that the accused, who should be assumed not guilty, is presumed to be a criminal leaving all his rights and liberty unredressed . When excessive publicity about a case and the suspect involved in the case by the media prejudices a fair trial or results in characterizing the accused as a person who had indeed committed the crime, it amounts to undue interference with the “administration of justice”, calling for proceedings for contempt of court against the media. it was best seen in Jessica Lall case acts as a mediator which is conducive to the fast progress of the case and media activism of this nature is acceptable. However, once the trial has commenced, the media has no right to pronounce based on its opinoin , the innocence or guilt of the persons involved in the case. Determination of the guilt or innocence of a person under our constitutional scheme is the function of the courts, and not the media. Besides, irreparable harm can be caused to a person’s reputation by prematurely judging him or her guilty.

14. . . yes, the reliability of news media depend on unbiasness , objectivity and clarity of the information where It is undisputed that journalists should carry out fair reporting which means recording and publishing true facts and information to the public. But dissemination of fair and accurate information is not the only duty or responsibility of journalists. They should also make the public think. As the fourth pillar of democracy they are to bring in waves of thoughts and idea. Nowadays the whole concept of media relies on the TRP and the publicity of the channel and how they can exaggerate the matter so that it can be highlightted in front of the public as we can see in the case of nirbhaya gang rape their were various angles have been represented by the media in front of the public before the supreme court deliver the judgment all the four accused will be convicted by the media at that time Though the object of the media is to bring the clarity and to connect the world but with the true information but nowadays the main motive is to make the news more attractive as well as to increase the TRP the delivering true and information with the exact fact without any ambiguity is the secondary matter

15. . QUESTION 4 Do restrictions imposed on the media by the Official Secrets Act affect publication of information in public interests? Discuss

16. . ANS.4 Section 5, which deals with potential breaches of national security, is often misinterpreted. The Section makes it a punishable offence to share information that may help an enemy state. The Section comes in handy for booking journalists when they publicise information that may cause embarrassment to the government or the armed forces. Section 5, which deals with potential breaches of national security, is often misinterpreted. The Section makes it a punishable offence to share information that may help an enemy state. The Section comes in handy for booking journalists when they publicise information that may cause embarrassment to the government or the armed forces. as their are many matter which are of national security which are very confidencial and shall not be subjected to be disclosed in front of the general public because disclosure of such fact can lead to a treat on the nation wide so media is restricted to publish or cover such matter in their report rafale is one of the best example over the issue which is the most highlighted matter but not to much emphasised by the media this is because of the restriction as well as we can see example of some movies like uri the surgical strike whole information was not depicted in the movie because of the national security so such general restriction is their on the media regarding the national threat as threat can lead to destroy the national security of India.

17. QUESTION 5 Discuss the principles of fairness, justice and truth applied by journalists reporting court cases.

18. . Ans 5 The Principles Of Fairness, Justice And Truth Applied By Journalists while reporting cases nowadays media is not reporting cases thay are practising their own trial as to the matter of fairness and justice it all will now in the pages only the ethics have been severly injured now we can only see is the race of the TRP the one who represent the matter in the more dramatic wa will succeed in the race of the TRP . Every thing is now heir for earning profil . The most famous and leading thing is media trial .Trial by media has created a “problem” because it involves a tug of war between two conflicting principles – free press and free trial, in both of which the public are vitally interested. The freedom of the press stems from the right of the public in a democracy to be involved on the issues of the day, which affect them. This is the justification for investigative and campaign journalism .

19. . Five Core Principles of Journalism 1. Truth and Accuracy Journalists cannot always guarantee ‘truth’, but getting the facts right is the cardinal principle of journalism. We should always strive for accuracy, give all the relevant facts we have and ensure that they have been checked. When we cannot corroborate information we should say so. 2. Independence Journalists must be independent voices; we should not act, formally or informally, on behalf of special interests whether political, corporate or cultural. We should declare to our editors – or the audience – any of our political affiliations, financial arrangements or other personal information that might constitute a conflict of interest. 3. Fairness and Impartiality Most stories have at least two sides. While there is no obligation to present every side in every piece, stories should be balanced and add context. Objectivity is not always possible, and may not always be desirable (in the face for example of brutality or inhumanity), but impartial reporting builds trust and confidence.

20. 4. Humanity Journalists should do no harm. What we publish or broadcast may be hurtful, but we should be aware of the impact of our words and images on the lives of others. 5. Accountability A sure sign of  professionalism and responsible journalism  is the ability to hold ourselves accountable. When we commit errors we must correct them and our expressions of regret must be sincere not cynical. We listen to the concerns of our audience. We may not change what readers write or say but we will always provide remedies when we are unfair.

21. . . Nowadays all these ethics was defeaded behind in the race of trp and making the channle number one by presenting drama in the best manner not all the peoples are same aor all were fake but the one who tries to not to become currupt ethier they lost in the crowd or they could suffer from the major loss Unfairness and truth representation, media a on a new path by presenting all the matter in the inovative way as by presenting not realistic matter or by showing news that are not to important or by showing irrelevent stuff Curruption is also a part of this industry to as paid news is the biggest example of this is Indian politicians paid newspapers or TV channel to carry favorable report. It was the Indian Election Commission of India that detected hundreds of cases out of similar nature. Media’s Tendency to BrandThe name of the alleged organizations alwaysbe Muslim, in fact truth is that 99 percent of the people are good weather they belong to Hindu, Muslim, Christian or Parshi or belong to any caste. Problem is that the manner in which such news shown by media in newspaper or on the TV Channels, there is a tendency to create the impression that all Muslims are terrorists. Somewhere media is lacking in following the basic ethics which it should consider and work on it .

22. QUESTION 6 Explain the scope of freedom of speech and expression in cinematograph films. Is it different from the freedom of press? Explain

23. Ans 6 . Freedom of speech and expression is a fundamental right guaranteed under the constitution of India. This right is however not absolute and is subject to reasonable prohibitions and restraints. The scope of the fundamental right to freedom of speech and expression has been expanded to include a filmmaker’s right to express their thoughts and ideas through the medium of a cinematographic film. as compared to the freedom guaranteed to the films, the Press enjoys a bit more because the film is subject to censorship as provided in the Cinematograph Act, 1952. Press is immune from such censorship although immediately after independence and thereafter attempts were made by the Government to impose certain restrictions on the Press, the Supreme Court negated all such attempts. The films are treated differently from the Press so far as pre-censorship or censorship is concerned.

24. As mentioned above, we have the Cinematograph Act, 1952 to see the films fulfill the norms prescribed by the law. The Act provides for the establishment of a 'Central Board of Film Certification', the regulatory body for films in India to issue the certificate to the makers of the film for public exhibition. As per the provision of the law, the Board after examining the film or having it examined could (a) sanction the film for unrestricted public exhibition; (b) sanction the film for public exhibition restricted to adults; (c) direct such excisions and modifications in the film before sanctioning the film to any unrestricted public exhibition or for public exhibition restricted to adults; and (d) refuse to sanction the film for public exhibition

25. difference from the freedom of press In all the above mentioned cases the Supreme Court has maintained that the freedom of the press cannot be taken away and it would not be legitimate to subject the press to the laws which take away or abridge the freedom of speech and expression. In the words of Justice Mudholkar who gave his opinion in Sakal Papers (P) Ltd. v. Union of India So far as censorship of films are considered, censorship is required because of its mass appeal, the way the presentation and above all, the impact it leaves in the minds of the persons both young and adult. Expression of one‟s own idea, through the medium he likes is permissible under Article 19 (1) (a) of our Constitution. The medium is vast. But using the films as a medium of expression should be treated differently because this medium is not the same as reading a book or reading a newspaper or magazine. So in the larger interest of the community and the country restrictions as envisaged in Article 19(2) can be imposed. The framers of our Constitution deemed it essential to permit such reasonable restriction as they intended to strike a proper balance between the liberty guaranteed and the social interests specified in Article 19 (2)

26. S. Rangarajan v. P. Jagajivan Ram the Supreme Court justified the pre-censorship by expressing the view that “though movie enjoys the guarantee under Article 19(1) (a) but there is one significant difference between the movie and other modes of communication. Movie motivates thought and action and assures a high degree of attention and retention. It has a unique capacity to disturb and arouse feelings. IT has as much potential for evil as it has for good. With these qualities and since it caters for mass audience who are generally not selective about what they watch, the movie cannot be allowed to function in a free market place just as does the newspapers and magazines. Censorship by prior restraint is, therefore, not only desirable but also necessary.”

27. Question 7 Write short notes on any TWO of the following: Legality of Sting Operations in pursuit of a story Fabrication of news in media Media Trials Paid News

28. ans7 Media Trials The strength and importance of media in a democracy is well recognized. Article 19(1) (a) of the Indian Constitution, which gives freedom of speech and expression includes within its ambit, freedom of press. The existence of a free, independent and powerful media is the cornerstone of a democracy, especially of a highly mixed society like India. Media is not only a medium to express one’s feelings, opinions and views, but it is also responsible and instrumental for building opinions and views on various topics of regional, national and international agenda. The pivotal role of the media is its ability to mobilize the thinking process of millions. The increased role of the media in today’s globalized and tech-savvy world was aptly put in the words of Justice Learned Hand of the United States Supreme Court when he said, “The hand that rules the press, the radio, the screen and the far spread magazine, rules the country”

29. . . One of the first celebrities in the 20th century to be arguably tried by media was Roscoe ‘Fatty’ Arbuckle who was acquitted by the courts but nevertheless lost his career and reputation due to the media coverage so it was started from their itself in America the media had a more negative influence rather than a positive effect (except for a few exceptions here and there). The media has to be properly regulated by the courts. The media cannot be granted a free hand in the court proceedings as they are not some sporting event. The print and electronic media have gone into fierce and ruthless competition, as we call them ‘aggressive journalism’ that a multitude of cameras are flashed at the suspects or the accused and the police are not even allowed to take the suspects or accused from their transport vehicles into the courts or vice versa. Earlier, journalism was not under pressure to push up TRP ratings or sales. So the journalists did their work with serious intent and conviction, with courage and integrity

30. D.C. Saxena (Dr.) v. Chief Justice of India (1996) 5 SCC 216the Supreme Court has held that no one else has the power to accuse a judge of his misbehaviour, partiality or incapacity. The purpose of such a protection is to ensure independence of judiciary so that the judges could decide cases without fear or favour as the courts are created constitutionally for the dispensation of justice Trial by Media is Contempt of Court and needs to be punished. The Contempt of Court Act defines contempt by identifying it as civil [36]  and criminal Criminal contempt has further been divided into three types: Scandalizing Prejudicing trial, and Hindering the administration of justice.   In re P.C.Se  Justice Shah who spoke for the court succinctly put the law as follows:“The law relating to contempt of Court is well settled. Any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, AIR1975 AP 30.

31. Paid news has been defined as ―Any news items or articles that appeared in a media for a price or any sort of considerations. (print, electronic, news portals) . The Press Council of India (PCI)called paid news “extremely dangerous for the survival of Indian democracy,” Economic Times reported. The PCI has found through its investigation that several of big Indian media houses has actively involved in this menace. The then Press Council chairman Justice G.N. Ray is quoted as saying,at a journalism seminar titled, “Save ethics, save media,” organized by the Tripura Journalists Union. "Media cannot function just for the gain of capital accumulation or ownership monopoly rights ” Deccan Chronicle reported that, Ray expressed concern about the metamorphosis of media in to an industry The Telegraph reported that, The Tripura Chief Minister Manik Sarkar in the same seminar quite ironically complimented India’s media's efforts in exposing various scams.” Sarkar further stated: that "it is a harsh reality that media monopoly’s are colluding with the industry and political parties, for generating income.” Paid News

32. he media acts as a repository of public trust for conveying correct and true information to the people” and, if paid information was presented as news content, it could mislead the public and hamper its judgment. She wanted media barons to uphold the primacy of the editor and appreciated the efforts of some media houses and individuals for vigorously raising the issue. In this context, she pointed out that the Editors Guild of India condemned this unethical practice and called upon all editors to desist from publishing any form of advertisement that masqueraded as news. ” It is decried as the “ unsavory and unacceptable practice of some political parties and candidates offering payment for “news packages” to news media and its representatives to publish and telecast eulogising and misleading news reports on the political parties.”

33. . Challenges Paid news is a grave election malpractice and is not recognized as an offence by Representation of Peoples Act. In many cases, money spent on paid news is not represented in elections expenditure and is a punishable offence. There has been a lot of discussion on paid news including a parliamentary standing committee report on the subject, yet there is no consensus on how to deal with the problem. Exiting regulatory set-up dealing with paid news is inadequate

34. . Reasons for rise in paid news Corporatisation of media Owners having themselves the editorial roles. Decline in autonomy of editors/journalists due to emergence of contract system and poor wage levels of journalists Lack of restriction on ownership across media segments or between content and distribution could give rise to monopolistic practices.