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INTRODUCTION TO MEDIA LAWS AND ETHICS

INTRODUCTION TO MEDIA LAWS AND ETHICS

JUHI P. PATHAK

Year : 2014

Bibliography :

312pp

ISBN : 9788175417519(HB), Price : Rs.995.00 Add To Cart

About the Book

Media Laws are not a set of laws that are applied only in the field of media. These laws are nothing but the ordinary legislations of our country, India but their application in the profession of journalism gives them the unique identity as ‘Media Laws’. This book provides an insight to the important legal and ethical aspects that a journalist, media professional or a student of journalism is ought to know. It tries to provide its readers with a lucid explanation of our complicated laws and further grasps their attention with relevant examples and arguments. The book not only comprehensively deals with the salient features of each legal or ethical aspect but also compares it with other supplementary, complimentary or contradictory laws, including Sting Operation, thereby questioning its validity and importance in the present context.

About Author

Juhi P. Pathak (1989), a graduate from SIES, University of Mumbai, Mumbai and Post-graduate from Institute for Media Management and Communication Studies, New Delhi, has received various awards and certificates of merit from various educational institutions for her academic excellence. She has presented research papers in various national conferences; and her articles have been published in national and international journals and books. Presently, she is teaching 'Media Laws and Ethics' and 'Journalism' in the M.A. in Mass Communication programme in the Department of Communication and Journalism and also in the Institute of Distance and Open Learning, Gauhati University. She is also pursuing her research in the same university.


Contents

Preface 

Acknowledgements 

Unit 1: Constitutional Provisions,Press Freedom and Law

History of Press Laws in the Pre and Post-Independence India

Pre-Independence Period; Post-Independence Period; Media Laws of the UK and USA; Conclusion

Fundamental Rights and Duties

Necessity of Fundamental Rights; Characteristics of Fundamental Rights; Classification; Limitations of the Fundamental Rights; Importance of Fundamental Rights; Amendment of the Fundamental Rights

Freedom of Speech and Expression and the Freedom of Press

Development of Meaning of the Freedom of the Press; Need for Freedom of the Press; Freedom of Press in India; Judgements that Reinforced the Freedom of Press; Contents of the Freedom of the Press; The Freedom of Press vs Defamation; The Freedom of Press vs Right to Privacy; The Freedom of Press vs Right to Fair Trial; Extra Legal Restraint

Directive Principles of State Policy

Meaning and Objectives of the Directive Principles of the State Policy; Differences between Fundamental Rights and Directive Principles; The Directive Principles of State Policy; Constitutional Significance of the Directive Principles of State Policy; Criticism

Emergency Provisions and their Effect on Press Freedom

National Emergency; Emergency due to Breakdown of the Constitutional Machinery in a State; Financial Emergency; Emergency Provisions and its Effect on Freedom of the Press; Conclusion

Amendment of the Constitution

Amending Process of the Indian Constitution

Public Interest Litigation

Contempt of Court

Pre-Independence Law; The Promise of the Constitution; Constitutionality of the Act; Principles Common in Article 129 and Article 215; Media and the Contempt of Court; Case Studies; ‘Truth’ as Defence; Debate on Contentious Issue of Contempt of Court; Conclusion

Official Secrets Act, 1923

Preamble of the Act; Salient Features of the Act; Case Studies; Court Redefines ‘Official Secret’, Relief to Scribe; Official Secrets Act vs Right to Information; Conclusion

Right to Information (RTI)

Introduction; History of RTI in India; Salient Features of the Act; Conclusion

Right to Privacy

Media and the Right to Privacy; Case Studies; The Right to Privacy and Norms of Journalistic Conduct; The Right to Privacy and Freedom of Speech and Expression; Conclusion

Unit 2: Media Laws

Civil and Criminal Law of Defamation

Introduction; The Criminal Law of Defamation

Indian Penal Code, 1860

(Sections 124A, 153A, 153B, 292, 293)

History of the Indian Penal Code; Constitutionality of Section 124A; Case Studies; Criticism of the Indian Penal Code

Criminal Procedure Code, 1973

(Sections 93, 95, 96, 108, 144,196, 327)

History of the Criminal Procedure Code 1973; Case Studies; From Liquor Shops to BPOs; Riotous Situations

Intellectual Property Rights

Intellectual Property; Significance of Intellectual Property Rights; Indian Laws on Intellectual Property Rights; Ethics of IPR

Copyright Act, 1957

Scope; Salient Features of the Act; Conclusion

Unit 3: Electronic Media Laws

Prasar Bharati Act, 1990

Historical Background; The Prasar Bharati Act, 1990; Salient Features of the Act; Aftermath of the Act

Cable TV Network Regulation Act, 1995

Statement of Objects and Reasons; Salient Features of the Act; Present Scenario

The Cinematography Act, 1952

Historical Background; Salient Features of the Act; Conclusion

Information Technology Act, 2000

Salient Features of the IT Act, 2000; Penalties and Adjudication; Conclusion

Convergence Laws

Main Objectives; Demerits

Unit 4: Media Councils and Commissions

Press Commissions

First Press Commission; The Second Press Commission; Recommendations

The Press Council/Media Council

The Press Council of India; Press Council of 1979

Working Journalists and Other Newspaper Employees(Conditions of Service) and Miscellaneous Provisions Act,1955

Introduction; Salient Features of the Act; IJU’S Demands to Amend the Working Journalist Act

Unit 5: Media Codes and Ethics

Advertising Standards Council of India (ASCI)

The Code for Self-Regulation in Advertising Purpose; Declaration of Fundamental Principles; Responsibility for the Observance of this Code; The Code and the Law; Definitions; Standards of Conduct; Conclusion

Parliamentary PrivilegesArticle 105, 193, 194 and 361A of Constitution

Guidelines for Parliamentary Coverage(Geeta Mukherjee Committee’s Report)

Coverage of Parliament in All India Radio and Doordarshan Broadcast; Guidelines for Coverage of Parliamentary Proceedings by Air and Doordarshan; Sansad Samachar and Today in Parliament; Norms for Coverage of Today in Parliament and Sansad Samachar; Coverage of Parliamentary Proceedings over Doordarshan

Air Code for Election Coverage

Guidelines for Covereage of Elections by Akashvani and Doordarshan; Coverage of News and General Information

Doordarshan Commercial Code

Code for Commercial Advertising on Doordarshan; Introduction; The Code; Procedure for the Enforcement of the Code; Conclusion

Press Council of India’s Norms of Journalistic Conduct

Norms of Journalistic Conduct (Edition 2005); Principles and Ethics

Unit 6: Sting Operation and Ethics

Sting Operation

Introduction; Laws Governing Sting Operation; Admissibility of the Tapes of Sting Operation admissible as Evidence in a Court of Law; Laws in Other Countries regarding Sting Operations; Undercover Journalism; To sting or not to sting?; The Significance of Sting Operations; The Hazards of Sting Operations; Journalist’s Views on the Ethics of Sting Operations; Court Judgments on Sting Operations; Judiciary Validates Sting Operations; Disadvantages of the Validity of Sting Operations

Code of Ethics on Sting Operations

Press Council of India – Norms of Journalistic Conduct; News Broadcasters Association; Sting Operations and Ethics—Some Opinions; Conclusion

  Bibliography

Index  

Additional Info.

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