Media Laws and Ethics: Legal Terms

Legal Terms

• A bill is a proposal to make a new law, introduced by the government or a member of parliament.
  • It is placed in the lower house (Lok Sabha) for discussion and then sent to the upper house (Rajya Sabha) for approval.
  • After approval, it is sent to the President for assent, and once signed, it becomes an Act.

Types of Bills

• Ordinary Bill: can be introduced in either house, requires majority vote in both houses and President's assent.
• Money Bill: introduced only in Lok Sabha, requires majority vote in Lok Sabha and sent to Rajya Sabha for comments.
• Interim Budget or Interim Financial Bill: introduced in Lok Sabha, requires majority vote in Lok Sabha and sent to Rajya Sabha for comments.

Ordinance

• A legislative instrument used to make temporary laws or amend existing laws during the recess of Parliament or a state legislature.
• Issued by the President or Governor, as the case may be, to address urgent or emergency situations that require immediate action.
• Has the same force as regular laws, but subject to certain limitations and restrictions.

Regulations

• Made through delegated legislation, giving power to someone lower in rank.
• Created to implement and administer the requirements of an Act.
• Regulatory bodies like SEBI, RBI, and IRDA are created to implement regulations.

Statute (Rule)

• A synonym of an Act, or a written law enacted by the legislative body of the government.
• Refers to a written law that has been enacted by Parliament or a state legislature.
• Examples include the Indian Penal Code (IPC), the Indian Contract Act (ICA), and the Indian Income-tax Act (IITA).

Code

• A collection of existing laws.
• Formed by combining all existing laws and then forming new laws through codification.
• Examples include the Indian Penal Code (IPC) and the Indian Companies Act (ICA).

Norms

• Of two types: social norms and legal norms.
• A legal norm attributes a specified legal effect whenever specified legal conditions are fulfilled.
• Hans Kelsen's theory explains that a norm is an "ought" proposition, where if X happens, then Y ought to happen.

Conventions

• Unwritten rules or customs widely accepted and followed by the government, institutions, and citizens.
• Not enacted through legislation, but established through tradition, precedent, and social norms.
• Examples include parliamentary democracy and judicial independence.

Affidavit

• A written statement sworn to be true before a competent authority, such as a Notary Public or a Judge.
• Provides evidence or testimony in support of a particular claim or statement.
• Commonly used in legal proceedings, administrative hearings, and other official matters.

Accused

• A person who has been arrested for or formally charged with a crime.
• Referred to as the accused until proven guilty or acquittal.

Acquittal

• A legal term that refers to the act of a court or jury finding a defendant not guilty of the charges brought against them.
• Means that the defendant is cleared of all criminal liability and is free from further prosecution or punishment.

Bail

• Conditional release of a person accused of a crime, for an amount, pledged for the appearance of the accused when summoned.
• Three types of bail in India:
  • Anticipatory bail: granted before an arrest is made.
  • Regular bail: granted after an arrest is made.
  • Interim bail: granted for a specific period.

Conviction

• The final stage of a criminal trial, where a court finds a defendant guilty of the crime they are charged with.
• Accompanied by a sentence, which is the punishment imposed by the court on the defendant.
• Can have significant consequences for an individual's life, including loss of employment, reputation, and social standing.

Defendant

• An individual or entity accused of committing a crime or violating a law.
• Has the right to defend themselves against the charges brought against them.
• May present evidence and arguments to support their case.

Evidence

• Critical component of a legal proceeding, used to establish the facts of a case.
• Includes testimony from witnesses, physical evidence, documents, and other forms of proof.
• Used to prove the defendant's guilt or innocence in a criminal trial, or to establish a claim or defense in a civil trial.### Legal Proceedings
• In a legal proceeding, the prosecution presents evidence to show the defendant's guilt, while the defense presents evidence to contradict the prosecution's claims.
• The jury or judge considers the evidence presented and makes a decision based on the weight of the evidence.
• In a civil trial, evidence is used to establish the facts of the case and determine whether the defendant has breached a legal obligation.

Types of Evidence

• Direct evidence: concrete and direct, such as eyewitness testimony or physical evidence.
• Circumstantial evidence: indirect and relies on inference or implication.
• Hearsay evidence: testimony from someone who did not personally witness the event, but heard about it from someone else.
• Expert evidence: testimony from an expert in a particular field who provides opinion or analysis.

Admissibility of Evidence

• The court must ensure that the evidence presented is relevant, reliable, and trustworthy.
• Factors to consider: whether the evidence is based on personal knowledge, whether it was obtained legally, and whether it is subject to any biases or prejudices.

Plaintiff

• A plaintiff is an individual or entity that initiates a lawsuit against another party, seeking compensation or relief for a harm or injury.
• The plaintiff's goal is to prove that the defendant is responsible for the harm or injury and obtain a judgment or award.

Prosecution

• The prosecution is the legal team responsible for presenting evidence and arguments to prove the defendant's guilt in a criminal trial.
• The prosecution's goal is to demonstrate that the defendant is guilty of the crime they are accused of committing, and to prove that the evidence presented meets the legal standard of proof beyond a reasonable doubt.

Prima Facie

• Prima facie is a Latin term that refers to evidence or facts that are sufficient to establish a case or prove a point at first glance, without requiring further investigation or proof.
• In the context of law, prima facie evidence is often used to establish the existence of a particular fact or circumstance.

Sub Judice

• Sub judice is a Latin term that refers to matters or issues that are currently under consideration by a court of law.
• The term is often used to describe matters that are not yet resolved or decided by a court, and are therefore subject to the court's jurisdiction.

Press Laws

• James Augustus Hickey started the first newspaper in India, The Bengal Gazette or Calcutta General Advertiser, in 1780.
• The First Press Regulation Act, 1799, was enacted to stop the French from publishing anything against the British.
• The Licensing Regulations, 1823, were enacted to restrict the press, and were later abolished during the administration of Warren Hastings in 1813.
• The Press Act of 1835, also known as the Metcalfe Act, repealed the 1823 Licensing Regulations and allowed for greater freedom of the press.
• The Gagging Act, 1857, introduced mandatory licensing for running or owning a printing press, but was abolished in June 1858.
• The Press and Registration of Books Act, 1867, required every copy of a newspaper to contain the names of the owner, publisher, and editor printed clearly on all the copies.
• The Vernacular Press Act, 1878, was established to punish and suppress seditious writing.
• The Sea Customs Act, 1878, prohibited the bringing into India of any obscene book, pamphlet, paper, drawing, painting, representation, figure, or article.

Post-Independence

• The Indian Press Act, 1910, required owners of presses to tender security deposits, and the police was given extensive powers of search and seizure.
• The Official Secrets Act, 1923, consolidated the law relating to official secrets and dealt with offenses like spying and wrongful communication of secret information.
• The Contempt of Court Act, 1952, was enacted to protect the dignity of the courts and to prevent obstruction of justice.
• The Young People's Harmful Publications Act, 1956, prohibited the publication of harmful materials that could corrupt young people.
• The Parliamentary Proceedings (Protection of Publication) Act, 1977, protected the publications of reports of proceedings of parliament.
• The Delivery of Books and Newspapers Act, required the publisher of every newspaper to deliver one copy of each issue to public libraries.
• The Copyright Act, 1957, protected original works such as literary, dramatic, musical, and artistic works.
• The Defence of India Act, 1962, was an emergency criminal law enacted to curtail nationalist and revolutionary activities.
• The Press Council of India, 1965, was established to maintain the standards of the press.
• The Police (Incitement to Disaffection) Act, 1972, penalized any act that caused or was likely to cause disaffection toward the Government among the members of the police force.
• The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, prohibited the advertisement of certain drugs and magic remedies.
• The Cable Television Regulation Act, 1995, required cable operators to register under the Act.### Cable Television Networks (Regulation) Act
• No person can transmit or re-transmit a program unless it conforms to the prescribed program code
• Every cable operator using a dish antenna or "Television Receiver only" must re-transmit at least two Doordarshan Channels of their choice
• Whoever contravenes any provision of this Act is punishable

Lokpal and Lokayukta Act, 2013

• Aims to establish the institution of the Lokpal at the Central level and Lokayukta at the state level
• Establishes an effective way to counter corruption at all levels of government and brings transparency and accountability to the system
• Has the power of superintendence over, and to give direction to, the Central Bureau of Investigation (CBI)
• Functions of Lokpal:
  • Keeps a watch over all public officials and takes suitable action against them if they do not function by the law
  • Can act either based on a complaint made by a private person or suo moto
  • Has the power to summon or question any public official if there exists a prima facie case against the person
  • Protects any action taken in good faith by any public servant or other officials
  • Investigates allegations of corruption, abuse of power, maladministration, or lack of integrity against public functionaries at the state level
  • Recommends action once proved

Freedom of Press and the Indian Constitution

• Freedom of the press refers to the minimal interference of the state in the operation of the press
• The objective of the press is to supplement the public interest by printing the facts and opinions without which the citizens of the country cannot make well-informed rational judgments
• Freedom of the press is implicit under Article 19(1)(a) of the Indian Constitution
• Scope of freedom of the press under Article 19(1)(a):
  • Freedom to spread information
  • Freedom to criticize
  • Freedom to receive information
  • Freedom to conduct an interview
  • Freedom to report court proceedings
  • Freedom to act as an advertising platform
  • Freedom to broadcast

Freedom of Speech and Expression (Article 19(1)(a))

• The essence of free speech is the ability to think and speak freely and to obtain information from others without fear of retribution, restrictions, or repression by the Government
• Main elements of the right to freedom of speech and expression:
  • This right is available only to a citizen of India and not to foreign nationals
  • The freedom of speech under Article 19(1)(a) includes the right to express one's views and opinions on any issue through any medium
  • This right is, however, not absolute and allows the Government to frame laws to impose reasonable restrictions in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, and morality, contempt of court, defamation, and incitement to an offence
  • Restriction on the freedom of speech of any citizen may be imposed as much by an action of the State as by its inaction

Reasonable Restrictions (Article 19(2))

• The fundamental freedoms guaranteed by Article 19(1) of the Indian Constitution are not absolute
• They are subject to reasonable restrictions owing to the simple rationale that for society to function in an orderly manner, people cannot exercise their rights in such a manner that is injurious to society as a whole
• Types of reasonable restrictions:
  • Public Order: to prevent the public from being disturbed by the publication or broadcast of any material
  • Morality: to prevent the publication of material that is obscene, defamatory, or indecent
  • Security of the State: to prevent the publication of material that may compromise national security or expose classified information
  • Contempt of Court: to prevent contempt of court and maintain public respect for the judiciary
  • Defamation: to prevent defamation and ensure that individuals are not falsely accused or maligned

Press Commissions

• First Press Commission (1952):
  • Recommended the establishment of the Press Council of India to protect the freedom of the press and maintain high standards among journalists
  • Recommended the appointment of a Registrar of Newspapers for India to prepare the accounts of the press and monitor the industry
  • Recommended the introduction of a price-page schedule to promote a more equitable and transparent system for newspaper publishing
  • Recommended the establishment of a Press Consultative Committee to promote a cordial relationship between the Government and the press
  • Recommended the implementation of the Working Journalists Act to regulate the conditions of service of journalists employed in the newspaper industry
• Second Press Commission (1978):
  • Recommended the role of the press in a developing and democratic society should neither be that of an adversary nor an ally of the government
  • Recommended a free press should be, in our view, constructive criticism
  • Recommended the establishment of a constitutional guarantee for the freedom of speech and expression
  • Recommended means of safeguarding the independence of the press against political pressures
  • Recommended growth of small and medium papers and the language press to promote regional diversity and encourage local journalism