media laws, regulations and ethics
TRANSCRIPT
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
1/75
MEDIA LAWS, REGULATIONS
AND ETHICS
UNIT-1
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
2/75
Syllabus Introduction
Unit -1: Media & Freedom:
Concept of media freedom
Theories of media liberty and democracy
Rights and Obligation of the media
Fundamental rights.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
3/75
UnitII: Right to information
Evolution of Articles of 19;
Universal declaration of human rights;
History and development of the concept of information
Right to information Act 2005, and its implications; Rights to reply ,
Right to knowledge;
Case studies: Rajasthan experience; role of the media.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
4/75
UnitIII: Important Laws
Defamation,
Contempt of court and legislature.
Official Secrets Act, Intellectual property rights vis-a-vis copyright
and piracy;
Wages and working conditions of journalists;
Measures to curb piracy; Tamilnadu model.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
5/75
UnitIV : Ethics
Sting operation and its impact;
Right to privacy ;
Obscenity;
concept of self-regulation;
Revealing sources;
code of ethics;
Codes of professional organizations; media watch groups;
A Critical study of functions and performance of
the Press Council of India.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
6/75
UnitV: Cyber Laws
Laws regulating FDI in media ;
Cyber laws in India ;
Cyber security concerns-preventivemeasures, penalties, adjudication and
offences,
IT Act; network service providers
protection ; criminal procedure; IPC.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
7/75
Prescribed Text books
DURGADAS BASU Laws of the Press in India
Blumer J.G.1992. Television and the Public InterestKaushal N. Press and Democracy
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
8/75
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
9/75
Concept of Freedom of Press
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
10/75
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
11/75
Concept of Freedom of Press
The freedom of expression is part of the fundamental rights guaranteed to
a citizen of India, under part -III of the constitution.
The Indian Constitution, while not mentioning the word "press", provides
for "the right to freedom of speech and expression"(Article 19(1) a).
However this right is subject to restrictions under sub clause (2), whereby
this freedom can be restricted for reasons of "sovereignty and integrity
of India, the security of the State, friendly relations with foreign States,
public order, preserving decency, preserving morality, in relation to
contempt of court.
The Press in India has a dual nature. It is an extension of the individual's
right to expression of thoughts. It is also seen as a businesses enterprise
and is therefore regulated by laws of commerce, taxation, employment etc.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
12/75
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
13/75
Concept of Freedom of Press Media freedom, although generally regarded as a constituent (integral)of
democracy, does not have the same meaning everywhere in the world.
Differences in the understanding of media freedom exist, even among the West
European democracies or between Western Europe and the United States.
The principle of freedom of the press (or Media Freedom) as a constraint on
government actions against the press can differ from the amount of freedom thepress actually exercises at a given time.
On the one hand, various social, political, and economic forces may serve to
make the press freer, in fact, than it is in law.
Conversely, those same forces may substantially curtail the exercise of a legal
freedom. It could be seen that the government control on the media freedom is
always subject to political, legal, or constitutional constraints.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
14/75
History of Media Freedom
Media Freedom, which has been limited not only by governments but at times
by churches, It is absolute in no country.
From the earliest times, in the West, persecution for the expression of opinion
even in matters relating to science or philosophy was resorted to by both the
Church and the State, to suppress alleged heresy, corruption of the youth or
sedition.
In the late 15th century, after the invention of printing press, licensing and
censorship rules came as restraints.
In the 17th century the appearance of newspapers demonstrated howpowerful the Press was as a medium of expression.
Newspapers came to take up the cause of Opposition against monarchical
absolutism, there followed different methods of suppression.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
15/75
History of Media Freedom
The origin of the concept of freedom of the press took
place in England.
In England, the appearance of unauthorised publications resulted
in a royal proclamation (1534) requiring prepublication licensing.
Stronger restrictive measures were taken by the later Tudor and
Stuart monarchs, and censorship came to be applied more to
political criticism than religious heresy.
John Milton, in his Areopagitica (1644), attacked the licensing law
and called on Parliament to suppress offensive publications after
their appearance if necessary.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
16/75
History of Media Freedom
Miltonsobjections to prior restraint eventually became a cornerstone of press freedom,
but it was not until 1695 that the licensing and censorship laws were abolished.
Severe restrictions on the press continued, however, in the form of seditious, libel laws
under which the government was able to arrest and punish any printer who published
material in any way critical of the government.
However, there was no clear definition of what constituted a seditious libel.
Since the 18th century the press in Britain has been relatively free from state interference.
During that time the printing of parliamentary debates had to be disguised as debates
between classical figures. At this time, both true and false criticism of the governmentwas considered a libel. In fact, the legal doctrine proclaimed that thegreater the truth
the greater the libel.Only in the mid-19th century truth was admissible as a defence in
English libel cases.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
17/75
History of Media Freedom
The struggle for freedom of the Press had its greatest triumph when it came to be guaranteed
by a written Constitution, as a fundamental right.Countries with written constitutionsfrequently contain special protection for press freedom.
In the United States the First Amendment gives constitutional status to press freedom.
This means that writers, journalists, and publishers can criticize government and are
free from censorship.
Before that the 1776 Virginia Bill of Rights stated, Freedom of the press is one of the great
bulwarks of liberty, and can never be restrained by despotic (authoritarian) governments.
The Canadian Charter of Rights and Freedoms also gives constitutional protection to the press.
The United States, Canada, Australia, and New Zealand also have specific legislation that protectsfreedom of information to ensure openness and facilitate press coverage of important issues and events.
The European Convention on Human Rights, under Article 10, protects the freedom to receive and
impart information and ideas without interference by public authority.
As a signatory to this treaty, most of the countries are likely to become increasinglyinfluenced by constitutional protections for freedom of the press.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
18/75
In India-Concept of Freedom of Press
In India, prior to independence, there were no fundamental
rights and therefore there was no guarantee of the freedom ofexpression or of the Press.
In the first sixty years of independence, media control by the state
was the major constraint on press freedom in India.
The Constitution of India, while not mentioning the word press,
provides for the right to freedom of speech and expression
under Article 19(1)(a).
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
19/75
In India-Concept of Freedom of Press
The Supreme Court of India lost no time in declaring that the freedom of the Press
was included in that guarantee as early as 1950.
However, this right is subject to Reasonable Restrictions under Article19(2),
whereby this freedom can be restricted for reasons of sovereigntyand integrity of
India, the security of the State, friendly relations with foreign States, public order,
preserving decency, preserving morality, in relation to contempt of court,
defamation, or incitement to an offence.
The Reasonableness of Restrictions, however, are not defined in the Constitution.
Laws such as the Official Secrets Act and Prevention of Terrorism Act (POTA) have
also been used to limit press freedom.
Under POTA, a person could be detained for up to six months for being in contact
with a terrorist or terrorist group. POTA was repealed in 2006, but the Official
Secrets Act, 1923 continues.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
20/75
The country with the Highest degree of press freedom was
Finland
Iceland
Netherlands Norway
Sweden
PRESS FREEDOM INDEX
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
21/75
The country with the Lowest degree of press freedom was
Eritrea
North Korea
Turkmenistan Iran
Myanmar (Burma)
Find out INDIAs Position ???
PRESS FREEDOM INDEX
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
22/75
Pressas
A Fourth Estate
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
23/75
Six estates of Society
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
24/75
What is the role of the free press in strengthening
democracy, good governance, and human development?
The guarantee of freedom of expression and information is recognized as a basic
human right in the Universal Declaration of Human Rights adopted by the UN in
1948, the European Convention on Human Rights, the American Convention on
Human Rights, and the African Charter on Human and Peoples' Rights.
In particular, Article 19 of the 1948 Universal Declaration of Human Rights states:
"Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and regardless of
frontiers.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
25/75
The core claim is that, in the first stage,
The initial transition from autocracy opens up the
state control of the media to private ownership, Diffuses access, and
Reduces official censorship and
Government control of information.
The public thereby receives greater exposure to a
wider variety of cultural products and ideas through
access to multiple radio and TV channels, as well asthe diffusion of new technologies such as the
Internet and mobile telephones.
S d St
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
26/75
Second Stage Once media liberalization has commenced, in the second stage
democratic consolidation is strengthened,
where journalists is independent,
Newspapers, radio and television stations facilitate greater
transparency and accountability in governance, by serving in
their watch-dog roles to deter corruption and malfeasance,
as well as providing a civic forum for multiple voices in public
debate, and highlighting problems to inform the policy agenda.
a free press is valuable for democracy, for good governance,
and for human development.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
27/75
Examples:
All new programs for development
New policies for development
Rescue programs during famine and national tragedy
Many more
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
28/75
The roles of the news media as
watch-dog,
civic forum,
and agenda-setter
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
29/75
Lerner, Lipset, Pye, Cutright and others, suggested the
diffusion of mass communications -
In the late 1950s and early 1960s, early modernization theories assumed a
fairly simple and unproblematic relationship between the spread of access
to modern forms of mass communications, economic development, and the
process of democratization.
Accounts offered by represented one sequential step in the development
process. In this view, urbanization and the spread of literacylead to growing
access to modern technologies such as telephones, newspapers, radios and
television, all of which laid the basis for an informed citizenry able to
participate effectively in political affairs.
D i l L th i d
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
30/75
Daniel Lerner theorized
capacity to read,at first acquired
by relatively few
people
equips them toperform the
varied tasks
required in the
modernizing
society
the elaborate
technology of
industrial
development is
fairly well advanced
does a society begin
to produce
newspapers, radio
networks, and
motion pictures on a
massive scale
This, in turn,
accelerates the
spread ofliteracy.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
31/75
The role of journalists as watchdogs of the powerful
In their watchdogrole, the channels of the news media can function to
promote government transparency,
accountability, and
public scrutiny of decision-makers in power,
by highlighting policy failures,
maladministration by public officials,
corruption in the judiciary, and scandals in the corporate sector.
Since Edmund Burke, the fourth estate has traditionally been
regarded as one of the classic checks and balances in the division of
powers.
Investigative journalism can open the governments record to external
scrutiny and critical evaluation, and hold authorities accountable for
their actions, whether public sector institutions, non-profitorganizations, or private companies.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
32/75
Example:
Taiwan free from corruption, Brunetti and Weder, amongst others, found that there was less
corruption in nations with a free press.
Media freedom organizations demonstrate that each year dozensof media professionals are killed or injured in the course of theirwork.
In Colombia, Sierra Leone, Liberia, Zimbabwe and Egypt, forexample, many journalists, broadcasters and editors have
experienced intimidation or harassment,
while journalists in many parts of the world face the daily threat ofpersonal danger from wars or imprisonment by the securityservices.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
33/75
The role of the news media as civic forum
Equally vital, in their civic forum role, the free press can strengthen the public
sphere,by mediating between citizens and the state, facilitating debate about
the major issues of the day, and informing the public about party leadership,political issues, and government actions.
Ex: Election Campaign as balanced and open access to the airwaves by
opposition parties, candidates and groups is critical for competitive and fair
multiparty contests.
Contemporary observers caution that the quality of democracy still remains
limited where state ownership of television has been replaced by private
oligopolies and crony capitalism,
for example in nations such as Russia, Brazil and Peru which have failed to create fully-independent
and pluralistic media systems. Broadcasting cartels, coupled with the failure of regulatory reform,
legal policies which restrict critical reporting, and uneven journalistic standards, can all limit the
role of the media in its civic forum or watch-dog roles.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
34/75
the news media also functions as an agenda-setter
providing information about urgent social problems and thereby channeling
citizens concerns to decision-makers in government. Particularly in cases of
natural disaster, public officials often suffer from a breakdown in the usualchannels of communication.
Poor internal communications among official agencies can hinder the delivery
of effective emergency relief, so that timely and accurate information about
the scope and nature of any disaster is vital as the first step in any effectiveofficial response.
Similar observations can be made concerning reporting about social issues
such as the extent of any food shortages, the spread of diseases such as HIV-
AIDS, or problems of crime and violence.
In these situations, independent journalists can act as a vital conduit for
decision-makers, helping to make governments more responsive to the needs
of the people.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
35/75
Theories of Media
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
36/75
Classroom Activity
Share your perspective :
How you wish Media should be
U d G tifi ti f M di
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
37/75
Uses and Gratifications of Media
Mass Media may be a marvelous time-fillers, like listening to
the radio while cooking or while driving, or reading during along train journey.
Some use the media to fulfill psychological and social needs.
Some enjoy the violence, gossip and page3.
Some use media to get topics for conversation at work
To solve their problems.
Others seek information, merely to be well informed.
To learn higher-status people dress and live.
Advertisements
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
38/75
What you like to produce from Media.
What you like to Consume from Media.
Classroom Activity
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
39/75
Introduction
The term media theory refers to a model that explains the relationship
between media and social reality.
Media as an enterprise holds a unique status from one way it is like an
industry which gives its products and service and earn money but from
another way media is supposed to talk about society, people, attitude,interaction, guidance and the most crucial and sensitive, criticism.
The criticism media does-on individuals, business sector and the
governments, pinches many in many ways. If media does not perform this
function, it is rendered redundant.
How media is seen, controlled and dealt with, will be outlined in the following
paragraphs through
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
40/75
Introduction
Western theories of the mass media were first propounded by
Fred Siebert, Theodare Peterson and Wilber Schramm in their
book Four theories of Press.
The study of four distinct theories which generally
command on media behaviour and its outlook in
different societies.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
41/75
Theories of media liberty and democracy
Authoritarian Theory
Libertarian Theory
Soviet Theory
Social Responsibility Theory
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
42/75
Authoritarian Theory
Long before the democratic societies could think of matters
pertaining to freedom of speech, there existed a thought
that the emergence of media should not challenge the writ
of the government which were more in dictatorial form andless they looked like democracies.
This approach is designed to protect the established socialorder, setting clear limits to media freedom and ensure
that it is not the media which must talk about people and
their problems in any manner.
h di f d i d l
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
43/75
The Media was forced to remain under state control. It
had following features which, in non democratic
governments still rule on media.
Direct governmental control of the media.
Typical to pre-democratic societies, where the government consists of a very limited
and small ruling-class.
No printing that could undermine the established authority
No offense to existing political set up
The government may punish anyone who questions the state's ideology.
Media professionals are not allowed to have any independence within the media
organization.
Registration of the media by the state.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
44/75
Libertarian Theory/Free Press Theory
This is just in contrast to the authoritarian approach to media.
Here media enjoys an absolute freedom of expression.
Such an extensive freedom is also a problem as all people
have the right to speak and receive information freely, but
noone takes responsibility of the wrong doings.
The ethics in multicultural or pluralistic societies vary from
place to place; hence there is always complaint against the
media of each others society.
It i t f t lik thi
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
45/75
Its prominent features go like this:
Competitive exposureof alternative view points.
Attacks on the government's policies are accepted and even encouraged: the media as a
watchdog
Journalists and media professionals ought to have full autonomy within the media
organization.
There is no explicit connection between the government and the media.
The press is free from censorship
It is accountableto the law for any consequences of its activities that infringe other
individuals rights or the legitimate claims of the society.
The protection of dignity, reputation, property, privacy, moral development of individuals,
groups, minorities, evens the security of the state no infringement accepted from media.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
46/75
Cont
As printing press was handy and comparatively low price, during
17thcentury made it possible to print and circulate several
copies.
The first amendment in American constitution is an embodiment
of this theory. : Truth can be arrived at only through the free
expression of diverse point of view.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
47/75
Soviet Theory
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
48/75
Soviet TheoryWith the revolution in Russia in 1917, and practice of Marxism, there appeared a
very different approach to deal with media.
The media was tied to overall communist ideas and defined in a very different way.
The theory to control media possessed following features:
Closely tied to the communist ideology.
The media is collective agitator, propagandist and educator in the building of communism.
No private ownership of the media.
The media is supposed to be serious.
The soviet theory does not favor free expression, but proposes a positive role for the
media, the society and the world.
Social Responsibility Theory
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
49/75
Social Responsibility Theory
This theory keeps certain areas free for the Press but at the same time puts lot ofresponsibility on media.
As discussed in the beginning that the media is not just seen as an enterprise like othersin the business sector of any society, but due to its unique nature, society expects aparticular role which media must play in getting rid of social evils, educating people,criticizing government policies and exposing other wrong doings in a society.
The sense of responsibility has been emphasized more in this theory as compared toany other.
Media has certain obligations to society:
It must show truth, accuracy, objectivity, and balance
The media should be free but self-regulated (codes of conduct, and ethics)
The media is pluralistic: diversity of society, various points of view, forum for ideas
The media ownership is a public trust. The journalist is accountable to his audience /
readers.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
50/75
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
51/75
Cont
In politically and economically advanced societies the change is basedon new information and telecommunications technologies, whichaffected the media industries in terms of economic restructuring, andon a new social and political environment, as reflected by mediacontents.
A basic question is: Who gave media the right to do the things theydo? Like to investigate wrong doings by public officials, to delve intothe private lives of public figures and to report on the shortcomingsof government and institutions are all forms of the criticism mediaface all over the world.
Purpose of talking on this topic is to make people linked with massmedia to understand the relationship between media and societyand how the media is understood by the scholars in the society.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
52/75
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
53/75
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
54/75
DEFINITION
Fundamental Rights are essential human rightsthat are offered to every citizen irrespective of
caste, race, creed, place of birth, religion or
gender. These are equal to freedoms and theserights are essential forpersonal good and the
societyat large.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
55/75
SIX FUNDAMENTAL RIGHTS
The Right to EQUALITY
The Right to FREEDOM
The Right to Freedom fromEXPLOITATIONThe Right to FREEDOM OF RELIGION
CulturalandEDUCATIONALRights
The Right to CONSTITUTIONALREMEDIES
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
56/75
Right to equality
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
57/75
Right to equality
(i) Equality before Law :- Article 14 of the constitution guarantees
that all citizens shall be equally protected by the laws of the country
(ii) Social equality and equal access to public areas:- Article 15 of
the constitution states that no person shall be discriminated on the
basis of caste, colour, language etc. Every person shall have equal
access to public places like public parks, museums, wells, bathing
ghats and temples etc. However, the State may make any special
provision for women and children.
Right to equality
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
58/75
Right to equality
(iii) Equality in matters of public employment:- Article 16 of the
constitution lays down that the State cannot discriminate against
anyone in the matters of employment. All citizens can apply for
government jobs.
(iv) Abolition of untouchability :- Article 17 of the constitution
abolishes the practice of untouchability. Practice of untouchability is
an offense and anyone doing so is punishable by law.
(v) Abolition of Titles:- Article 18 of the constitution prohibits the
State from conferring any titles. Citizens of India cannot accept
titles from a foreign State.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
59/75
Right to freedom
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
60/75
(i) Freedom of Speech and expression, which enable an individual
to participate in public activities. The phrase, "freedom of press"has not been used in Article 19, but freedom of expression includes
freedom of press.
(ii) Freedom to assemble peacefully without arms, on which the
State can impose reasonable restrictions in the interest of public
order and the sovereignty and integrity of India.
(iii) Freedom to form associations or unionson which the State can
impose reasonable restrictions on this freedom in the interest ofpublic order, morality and the sovereignty and integrity of India.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
61/75
(iv) Freedom to move freely throughout the territory of Indiathough
reasonable restrictions can be imposed on this right in the interest ofthe general public, for example, restrictions may be imposed on
movement and travelling, so as to control epidemics.
(v) Freedom to reside and settle in any part of the territory of India
which is also subject to reasonable restrictions by the State in the
interest of the general public or for the protection of the schedule
tribes because certain safeguards as are envisaged here seem to be
justified to protect indigenous and tribal peoples from exploitation and
coercion.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
62/75
Right to freedom
(vi) Freedom to practice any profession or to carry on any
occupation, trade or business on which the State may impose
reasonable restrictions in the interest of the general public. Thus,
there is no right to carry on a business which is dangerous or
immoral.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
63/75
Right against exploitation
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
64/75
Right against exploitation
The abolition of trafficking in human beings and Beggar(forced
labour)
Abolition of employment of children below the age of 14 years in
dangerous jobs like factories and mines.
Trafficking in humans for the purpose of slave trade or prostitution
is also prohibited by law.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
65/75
Right to freedom of religion
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
66/75
Right to freedom of religion
According to the Constitution, all religions are equal before the State and noreligion shall be given preference over the other. Citizens are free to preach,
practice and propagate any religion of their choice.
i. Religious communities can set up charitable institutions of their own.
ii. Activities in such institutions which are not religious are performed
according to the laws laid down by the government
iii. No person shall be compelled to pay taxes for the promotion of a
particular religion.
iv. A State run institution cannot impart education that is pro-religion
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
67/75
Cultural & educational
Rights
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
68/75
Cultural & educational
RightsARTICLES 29 & 30
Any community which has a language and a script of its
own has the right to conserve and develop it.All minorities, religious or linguistic, can set up their
own educational institutions to preserve and develop
their own culture.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
69/75
Right to constitutional
remedies
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
70/75
Right to constitutional
remediesRight to constitutional remedies empowers the
citizens to move a courtof law in case of any denial
of the fundamental rights.This procedure of asking the courts to preserve or
safeguard the citizens' fundamental rights can be
done in various ways. The courts can issue variouskinds of writs.
http://en.wikipedia.org/wiki/Courthttp://en.wikipedia.org/wiki/Writshttp://en.wikipedia.org/wiki/Writshttp://en.wikipedia.org/wiki/Court -
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
71/75
Activity
Find out the meaning of These writs :
habeas corpus,
mandamus,
prohibition,
quo warrantoand certiorari.
http://en.wikipedia.org/wiki/Habeas_corpushttp://en.wikipedia.org/wiki/Mandamushttp://en.wikipedia.org/wiki/Prohibitionhttp://en.wikipedia.org/wiki/Quo_warrantohttp://en.wikipedia.org/wiki/Certiorarihttp://en.wikipedia.org/wiki/Certiorarihttp://en.wikipedia.org/wiki/Quo_warrantohttp://en.wikipedia.org/wiki/Quo_warrantohttp://en.wikipedia.org/wiki/Prohibitionhttp://en.wikipedia.org/wiki/Mandamushttp://en.wikipedia.org/wiki/Habeas_corpushttp://en.wikipedia.org/wiki/Habeas_corpus -
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
72/75
The Supreme Courtshall have the power to issue directions or order
or writsincluding the writs in the nature of habeas corpus,
mandamus, prohibition, Quo warranto and criterion,whichever may
be appropriate for the enforcement of any of the rights conferred by
fundamental rights.
Besides the Supreme Court, the High Courtsalso have been given arole in the protection of fundamental rights. Under Art. 226of the
constitution, High Courts also can issue writs for the enforcement of
fundamental rights.
The High Courts on the other can issue writsagainst infringement of
fundamental rights,as well as against contravention of ordinary law
of redress grievances arising therefrom.
I f t i f f d t l i ht th S
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
73/75
In case of transgression of fundamental rights the Supreme
Court or the High Courts may issue five kinds of writs.
Habeas CorpusHabeas Corpusliterally meansthat human person is sacred.Hence no man maybe detained illegally. Whenever a man is detained, he must be produced before a court. This writ is
a powerful safeguard against arbitrary (Illegal)arrest and detention.
Mandamusmeaning command, mandamus calls upon public servants to perform some duties.
Thus mandamus is issued against dereliction (Neglect)of duty.
Prohibitionas the very term prohibition suggests, this writ is issued by the Supreme Court or the
High Courts, to prohibit inferior courtsunder them to overstep their jurisdiction.
Criterionit enables a superior courtof compels inferior courtsto submit records of proceedings
to the higher court.
Quo warrantoliterally means by what right. This writ is issued to determine the legality of a
persons claim to public office. The purpose of this writ is to prevent usurpation (taking someone's
power or property by force)of a public office by an undesirable or, unqualified person.
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
74/75
Limitations
Firstly, Article 33 empower the Parliament to modify application offundamental rights to armed forces and the Police to ensure proper
discharge of their duties.
Secondly, under Article 34, during the operation of Martial law in any area,
the Parliament may indemnify any person in the service of the central or a
state government for acts for the maintenance or restoration of law and
order.
Thirdly, during emergency proclaimed under Art 352 of the constitution, the
fundamental rights guaranteed to the citizens, will remain suspended. Article
358 authorize the Parliament to restrict fundamental rights guaranteed by
Art 19 during the pendency of an emergency under Article 352.
Summary
-
8/10/2019 MEDIA LAWS, REGULATIONS AND ETHICS
75/75