History of Media Law in India

History

            The laws which are related to the media industry in India have emerged in the due course of time in a momentous manner. However, there were no press regulations acts or laws which were present until the British East India Company had started ruling a party in the country after the Battle of Plassey. When the newspapers in India were published by only the Europeans was an ultimate penalty. Then James Augustus Hickey started The Bengal Gazette or Calcutta General Advertiser in the year 1780, which was considered as the first newspaper in India. Later, was seized in 1872 because it outspoke criticism of the Indian Government. After facing various obstacles while publishing the newspaper and the involvement of many parties the government concluded in the year, 1860 Indian Penal Code was passed as a law which was general but it laid down offences which any editor or writer or publisher must avoid at any cost- the offences of obscenity and defamation.

            Media Laws

            The Indian Constitution has not stated or provided the freedom for media separately in India. But there is seen an indirect provision for media freedom in the constitution. It is derived from Article 19(1) (a) of the Indian constitution. The Article guarantees freedom of speech and expression in the country. The freedom of mass media is indirectly derived from this particular Article. Article 19 of our Indian Constitution deals with the right to freedom These provisions are vital and important.  which are considered to lie at the very root of our liberty. Article 19 of the constitution lays down that All citizens have the right to freedom of speech and expression, to assemble peacefully, and should be without weapons of any sort- unarmed, can form associations or unions, can move freely throughout the territory of the country, can move and reside in any part of the territory of the country, can acquire or dispose of property and can practice any profession or can carry any occupation which can be, trade or business. However, with this particular article there are reasonable restrictions that the right to freedom of speech and expression shall not impact the operation of any existing law, it should not disturb the working of any procedure in the country or prevent state from making any law.  This article imposes reasonable restrictions because it can exercise of that right in the interests of the integrity and sovereignty of India, friendly relations with foreign states, security of the state, public decency or morality or in relation to contempt of court, incitement to offence or defamation.

          Few Rules and Acts which are applicable to the Indian Media Industry: –

  • The Press and Registration of Books Act, 1867
  • The Press Council Act, 1978
  • . The Press Council of India (Grant of Certified Copies) Regulations, 1999
  • The Working Journalists (Fixation of Rates of Wages) Act, 1958
  • The Right to Information Act, 2005
  • The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
  • Copyright Act, 1957
  • The Telecom Regulatory Authority of India Act, 1997