There is a violation of due process and contempt of court if a person becomes a victim of media trials. Defamation by the media also needs to be carefully considered, especially in the case of the independent online press, where anonymity remains a major obstacle to the author`s research. The Law Commission`s 200th report in 2006 addressed the problem of defamation through media litigation and the injustice inflicted on victims. Although defamation falls under Section 19(2), there is still a need for a thorough investigation into defamation laws in India with respect to media coverage. However, this freedom of the press was short-lived. In June 1975, a national state of emergency was declared, which led to the introduction of censorship laws in independent India. The Prevention of Objectionable Matters Act 1976, the Parliamentary Procedures Repeal (Protection of Publication) Act 1976 and the Press Council (Repeal) Act 1976 were enacted to deny the press access to justice through the legal process against their unlawful detentions. The Ministry of Information and Broadcasting monitors almost all press releases and punishes journalists accordingly. In 1977, the national emergency was lifted and the press was moderately regulated in India. The media are an instrument for storing and communicating a variety of information through newspapers, magazines, radio, television and the Internet. It is considered the fourth link in Indian democracy. The main objective is to act as a watchdog and communicate to the public the decisions of the legislative, executive and judicial branches. It must act within the constitutional framework and act in the national interest, and it is not above the law.
It is also important to strike a balance between freedom of the press and restrictions on the press. This is achieved through media laws, which are an umbrella term for all kinds of media regulations and coexist with various other areas of law such as copyright, contempt and defamation. The Association of News Broadcasters regulates news and information channels on television networks. They have a self-regulatory code of ethics overseen by the News Broadcasting Standard Authority. The penalty for violation of the Code of Ethics is a fine of INR 1L; It also needs to be reviewed to achieve a deterrent effect between media channels. Since the association governs almost everything that is portrayed by the media, there is also a monopoly within the system. The result is under-regulated media ownership to meet the needs of association members. This leads to unwarranted corruption within the system and unbiased reporting takes a back seat. The media therefore need regulation by a legal body to ensure better quality of press coverage.
The Madras Courier was the first press in Madras to study the military actions of colonial masters and became the first press to be suppressed by a pre-censorship rule (1795) in which all its publications were sent for inspection before publication. The violation of this new law led to the expulsion of press publishers. In 1818, however, pre-censorship laws were completely abolished due to aristocratic pressure on colonial rulers. This led to the emergence of „Samachar Darpan“, which contained news in Bengali and English. In 1823, a new decree was circulated restricting the links of the servants of the crown with any press. It also transferred full ownership of the press to the Governing Council. The Newspapers (Incitement to Offences) Act 1908 and the Press Act 1910 gave colonial authorities the power to confiscate and take action against editors of any national press who published anything in support of the Swadeshi movement. In addition, the Official Secrets Act of 1923 was enacted, which declared the publication of state affairs an illegal transmission of information. In 1930, there was a major turning point in the tide when the civil disobedience movement gave strength to millions of Indian journalists and freedom fighters.
The Indian Press (Emergency Powers) Act 1931 was passed, criminalizing participation in the movement by the print media. Related Articles: Social Media Privacy: Social media and media are one of the newest frontiers for lawyers, legislators, politicians, entrepreneurs, and academics. No one seems to be saying that social media is the last frontier! or a particularly revolutionary border. Review of the role of the media in elections: The media play an important role in the democratic process. It provides the governed public and citizens with valuable information about the entire electoral process. The Indian National Congress came to power in 1947 and declared India an independent state. The Commission of Inquiry into the Press Law of 1947 was established to review and make recommendations on the existing Media Act. The Indian Press (Emergency Powers) Act, 1931 and the Foreign Relations Act, 1932 were repealed and amendments were made to Section 124-A of the Penal Code. The Telegraph Act of 1885 and the Post Office Act of 1898 were amended. The Press (Objectionable Matters) Act 1951 was enacted to moderate control of the press, but was repealed in 1957. The Press Commission of India, 1952 was established, which led to the development of the Press Council of India.
Section 36 A of the Act deals with 5 main UTPs: – # Any misleading, false and false statement, whether in writing (i.e. in advertising, warranty, etc.) or verbally (at the time of sale), real or intentional, even if the consumer/buyer does not suffer any actual harm or loss, constitutes an unfair commercial practice; # Sale, where there is an element of deception; # All business support programs that advertise „free gifts“, „contests“, etc. where there is an element of deception; # violation of existing consumer protection laws; # Manipulation of the sale for price increases. Parler`s mango drink „Maaza“ advertised Maaza Mango and the MRTP issued a notice against Parle Exports Pvt. Ltd. The advertisement implied that the soft drink was made from fresh mango, while preservatives were actually added. The company had to suspend production until the investigation was investigated. Conclusion In the age of media explosion, we cannot remain confined to the confines of traditional media. The media world has expanded its dimensions by encompassing in its orbit the growing prospects of cyber media, etc. As a result, the laws that govern them are also numerous. It is not within the scope of this article to deal with the whole issue of media laws, but this article draws a person`s attention to the various important laws that affect the different branches of media communication, makes him aware of his rights and makes it easier for him to exercise them within the framework of the law in force in India and, ultimately, to promote the cause of „freedom of expression and opinion“ and the „dissemination of knowledge“. [1] CAD, Volume VII, page 980 (after Dr.
B.R. Ambedkar); Supreme Court view in Indian Express Newspapers v. Union Of India, (1985) 1 SCC 641. [2] Lowell v. Griffin (1938) 303 US 444; This view was followed by the Supreme Court of India in Sakal Papers Ltd. v Union of India, AIR 1962 SC 305. [3] Cf. Herbert Lee Williams, Newspaper Organization and Management, 5th ed., page 347 [4] AIR 1962 SC 305 [5] AIR 1959 SC 395 [6] (1995) 2 SCC 161 [7] The ban on receiving and distributing Ku-band television signals was imposed by the Government pursuant to Notification No. GSR 18 (E) of 9 January 2001 of the Ministry of Telecommunications. [8] AIR 1971 SC 481 [9] This view was echoed in Life Insurance Corporation of India v. Manu Bhai D. Shah, (1992) 3 SCC 637.
[10] (1996) 4 SCC 1 [11] Section 37 of the Copyright Act 1957 [12] AIR 1960 SC 554. [13] (1995) 5 SCC 139 The „Queen Victoria Proclamation (1858)“ firmly established colonial rule in India and the concept of freedom of the press ceased to exist altogether.