Media Law Test PDF

LEMME KNOW IF ANYTHING IS MISSING OR WRONG, I’VE DONE CHECKS BUT JUST INCASE - AARYA, ADMA A Thanks to Kunal, SecB : for his valuable inputs Course Objectives 1. Gain a better understanding of media and the laws affecting it, including those that may impact you. 2. Acquire workin...

LEMME KNOW IF ANYTHING IS MISSING OR WRONG, I’VE DONE CHECKS BUT JUST INCASE - AARYA, ADMA A Thanks to Kunal, SecB : for his valuable inputs Course Objectives 1. Gain a better understanding of media and the laws affecting it, including those that may impact you. 2. Acquire working knowledge of key concepts and real-world professional situations. 3. Develop keener awareness of social and ethical issues, emerging challenges, and trends in media. Here’s an overview of the platforms regulated by each of the bodies mentioned, with reference to the Draft Broadcasting Services Regulation Bill 2020 and 2023: Important websites & resources Ministry of Information & Broadcasting (MIB) Website: mib.nic.in Platforms Regulated: Broadcast Media (Television and Radio) ○ General Entertainment Channels (GEC) ○ News Channels ○ Non-GEC (Documentaries, Educational Channels) ○ FM Radio, Community Radio Cable Television Networks Direct-to-Home (DTH) Services Multi-System Operators (MSOs) Relevant Regulations: Content Regulation: MIB oversees compliance with program and advertising codes, ensuring adherence to national sensitivities. Licensing: It governs the issuance of licenses for television channels, radio stations, and cable operators. Broadcasting Services Regulation Bill: The 2023 Bill introduces self-regulation in content classification, grievance redressal mechanisms, and expanded definitions of "broadcasting" to include emerging platforms such as OTT services.  Ministry of Electronics & Information Technology (MeitY) Website: meity.gov.in Platforms Regulated: Internet and Digital Platforms ○ Over-the-Top (OTT) Services (Streaming platforms like Netflix, Amazon Prime, etc.) ○ Social Media Platforms ○ Websites offering digital content ○ E-commerce platforms Relevant Regulations: IT Act 2000 & Amendments (2021): Focuses on intermediary guidelines, cybersecurity, and content regulation. The amendments in 2021 required OTT platforms to self-classify content. Personal Data Protection Bill: Handles privacy issues around user data collected by OTT and digital platforms. Press Council of India (PCI) Website: presscouncil.nic.in Platforms Regulated: Print Media ○ Newspapers ○ Magazines ○ Journals Online News Portals Relevant Regulations: Code of Conduct: Ensures journalistic ethics and press freedom while regulating the content published in print and digital news media. Press Censorship: Works to prevent any external influence or censorship in news publications. News Broadcasters Federation (NBF) Website: newsbroadcastersfederation.com Platforms Regulated: News Channels (Television) Digital News Platforms Relevant Regulations: Self-Regulation in News: NBF is a self-regulatory body that establishes standards for the broadcast of news and current affairs programming. Draft Broadcasting Services Regulation Bill: The Bill impacts news channels by introducing codes of ethics for content creation and broadcast. Internet and Mobile Association of India (IAMAI) Website: iamai.in Platforms Regulated: OTT Platforms ○ Streaming Services (Netflix, Amazon Prime, Hotstar, etc.) Mobile and Digital Services ○ Apps providing OTT content ○ Online gaming platforms Relevant Regulations: OTT Content Regulation: IAMAI has been involved in creating self-regulatory codes for OTT platforms, particularly in response to government directives regarding content moderation. Draft Broadcasting Services Regulation Bill: Introduces obligations for self-classification of content (U, UA, A, S), grievance redressal, and appointment of a grievance officer. Indian Broadcasting Foundation (IBF) Website: ibfindia.com Platforms Regulated: Television Broadcasting ○ Linear TV channels (both GEC and non-GEC) ○ DTH services ○ MSOs (Cable TV)  ○ IPTV (Internet Protocol Television) Relevant Regulations: Broadcasting Services Regulation Bill: The Bill enhances IBF’s role in governing both linear and non-linear broadcasting, with new frameworks for content regulation, dispute resolution, and piracy prevention. Self-Regulation: IBF plays a crucial role in creating and enforcing program and ad codes for TV broadcasters. Draft Broadcasting Services Regulation Bill 2020 & 2023 Overview Expansion of Definition: Includes "Over-the-Top (OTT)" platforms as broadcasters. Content Regulation: Mandates self-regulation for OTT platforms and introduces a three-tier grievance redressal structure (Internal, Self-regulatory body, Government oversight). Accessibility: Emphasizes content accessibility for differently-abled individuals. Grievance Redressal: Requires platforms to appoint officers and adhere to a strict process for addressing consumer complaints. Broadcast Advisory Council: Set up to regulate the content and standards across platforms. Infrastructure Sharing: Encourages broadcasters to share infrastructure, especially for DTH and IPTV services. Key Statements & Facts Self-regulation: Self-regulatory bodies (e.g., ascionline.com, adcouncilofindia.com) push the law within the media industry. Promo vs. Ad: ○ Promo: Self-promotion by a channel (e.g., a show promo on SAB TV). ○ Ad: Promotes other products or services. Types of TV Licenses GEC (General Entertainment Channels): For serials, films, documentaries, and sports. Non-GEC (News & Current Affairs): ○ 26% foreign direct investment.  ○ Subject to national security and sensitivity laws. ○ Different ad placement rules apply. Linear vs. Nonlinear TV Linear TV: Broadcasting where programs are offered in a linear sequence (e.g., cable, satellite, IPTV). Nonlinear TV: Video-on-demand (VOD) services like Netflix. Disruptors in TV Broadcasting Possible Disruptors: ○ Free dish services. ○ Linear TV on OTT platforms. ○ OTT platforms themselves. FAST (Free Ad-Supported TV): A potential disruptor to traditional TV models. New Media Social Media and Communication Platforms (WhatsApp, Telegram) are influencing media consumption patterns. OTT (Over-The-Top) Platforms: ○ News. ○ Online curated content (e.g., Netflix). ○ Combination of linear TV and curated content. Advertising Types Pre-roll Ads: Play before the content; unskippable. Mid-roll Ads: Play during the content; skippable. Media Distribution and Purpose Strong Pull Factors in Entertainment & Movies: ○ The purpose of media includes informing, sharing, and entertaining.  Emerging Growth & Challenges in Media: ○ Changing government policies. ○ New distribution mechanisms. ○ Entry of professionals and investments. ○ Increased transparency. ○ Growing revenue potential in the short and long term. ○ Emerging distribution patterns. The Three Cs of Media 1. Content: Entertainment, news, and current affairs. 2. Carriage: Distribution models and delivery mechanisms. 3. Control: Regulation through laws governing content and distribution. Content Creation Language Bias: Major focus on Hindi, English, South Indian languages, and Hinglish. Genre Focus: Mythological, general entertainment, musical, children’s content, cartoons, news, and current affairs. Phases of Content Creation: ○ Pre-production. ○ Production. ○ Post-production. Statutory Warnings: Important in movies and advertisements. Cinema & Film Advertising In-cinema Ads: Display ads within theaters. In-film Ads: Product placements within films. Revenue Streams in Film Production: ○ Domestic theatricals.  ○ Distribution rights (audio, visual, audiovisual). ○ Licensing and merchandising. ○ In-film advertising and media tie-ups. Film Rights 1. Exhibition Rights ○ Theatrical ○ Non-Theatrical Domestic International Cinema Non-Cinema ○ Cinema Hall ○ Auditorium ○ Preview Theatres ○ Guest House ○ Hotel Room ○ In-flight ○ Surface Transport ○ Sea/Ship 2. Distribution Rights ○ Sub-distribution ○ Sublicense ○ Regional Distribution ○ International Distribution ○ OTT (Over-the-Top) Platforms 3. Broadcast Rights ○ Terrestrial TV ○ Satellite TV ○ DTH (Direct-to-Home) DTH C-Band DTH KU-Band ○ IPTV (Internet Protocol Television) ○ HITS (Headend in the Sky) ○ Cable TV ○ Free-to-Air Channels ○ Pay TV ○ Pay-per-view ○ Video on Demand (VOD) Near VOD (NVOD) Free VOD (FVOD)  Subscription VOD (SVOD) Transactional VOD (TVOD) 4. Home Media Rights ○ Home Video ○ Laser Disc ○ Blu-ray ○ Video Cassette ○ VCD (Video CD) ○ DVD 5. Music & Audio-Visual Rights ○ Music Rights ○ Audio Rights ○ Audio-Visual Rights ○ Music Adaptation Rights ○ Performance Rights 6. Adaptation & Translation Rights ○ Dubbing Rights ○ Subtitling Rights ○ Localization Rights 7. Merchandising Rights ○ Licensing and Merchandising ○ Gaming Rights (Mobile & Console) ○ Internet/Mobile Gaming Rights ○ Wallpapers, Ringtones, and Digital Media 8. Digital & Online Rights ○ Internet Streaming Rights ○ IPTV Streaming Rights ○ Mobile TV ○ OTT Rights ○ RTones (Ringback Tones) ○ Online Publishing Rights 9. Archival & Special Format Rights ○ Negative Rights (Traditional film negatives) ○ 16 mm, 35 mm, and 70 mm film rights Media Licensing, Tie-Ups & Emerging Revenue Models Licensing Agreements: Licensing is not a permission to sell; terms and conditions accompany the license.  Pouring Rights: Example: If Coke has pouring rights in a theater, only Coca-Cola products will be sold there. Rights in Film Production Types of Rights in Film: ○ Theatrical, non-theatrical, home video, laser disc, Blu-ray, cable, satellite, IPTV, and mobile rights. Negative Rights: Traditionally linked to film negatives, but now associated with copyright and contracts. Restrictive Clauses in Contracts Common Clauses: ○ NDA (Non-Disclosure Agreement). ○ Non-compete. ○ Non-solicitation. ○ Exclusive dealing. ○ Intellectual property clause. ○ Force majeure. ○ Termination clause. ○ Governing law. ○ Indemnification (one-sided indemnification, limitations of liabilities). Insurance Requirements in Production Key Areas: ○ Production insurance. ○ Errors & omissions insurance. Agreements and Confidentiality Clauses Reasonable Negative Clauses in Agreements: It is possible to include reasonable negative clauses, such as non-disclosure agreements (NDAs), which prevent sharing confidential information.  Example (NDA in a Job Offer): "If you are working on a campaign in the office, you cannot call Anu ma’am and tell her about it, as that would breach confidentiality." Breach of confidentiality is taken very seriously since no one wants sensitive information leaked. Anecdote: Zee doesn’t allow mobile phones in their offices to prevent confidentiality breaches. Advice on Confidentiality: Once you sign an NDA, refrain from discussing sensitive matters with anyone outside the office. Record of Instructions from Boss Get Instructions in Writing: When instructed to take action based on your boss's decision, always get it in writing. Email is the preferred medium for work-related communication. WhatsApp as Evidence: Though WhatsApp can be used as evidence in court, it is unreliable in professional settings. In case of disputes, companies will often side with your boss. To protect yourself, always “CYA” (Cover Your Ass), which means keeping detailed records, especially in matters involving finances. Always mark your boss on emails for such cases. Employee Stock Ownership Plans (ESOPs) ESOP Considerations: Sir doesn’t invest in ESOPs (Employee Stock Ownership Plans) because it could lead to insider trading, which is illegal. Choosing ESOPs: Deciding to accept or decline ESOPs is a personal choice. Sir had a case where he was offered ESOPs but chose to resign to prioritize his law exams, which led to better long-term earnings. Key Clause in ESOP Agreement: When signing an ESOP document, ensure that the clause "subject to issuance of shares" is not included. This clause allows companies to deny issuing shares. Startups and ESOPs: In startups, it may be better to take cash rather than ESOPs, as they are subject to: ○ IPO (Initial Public Offering) ○ Investments in the company ○ Issuance of shares  Private Limited Companies: Private limited companies typically do not offer ESOPs. Offers to allocate shares come with conditions, especially related to public offerings. Right of First Refusal (ROFR) & Last Matching Rights (LMR) ROFR & LMR in Media Agreements: These are crucial when it comes to agreements in the media industry. However, both ROFR and LMR together are generally unnecessary in one agreement. Employer's View: If you refuse a ROFR, it shows a lack of interest in working with the employer. Television Content Creation & Distribution Urban vs Rural Markets: India is 60% rural, and in urban India, 40 customers are pursued by 10 competitors, while in rural areas, only 3-4 competitors are fighting for customers. The term “India” often refers to urban India in media contexts. Electricity Access: 90% of the country has access to electricity, while the remaining areas are "cable dark." DTH and Broadcasting DTH (Direct-to-Home) Broadcasting: Uses the Ku band and can be interrupted by rain. Broadcasters charge distributors as the broadcast signals are encrypted. DTH Providers: Examples: TataSky, Videocon, DishTV, Airtel. MSOs (Multi-Service Operators): Provide cable TV and internet services. They only have one uplink and downlink. Example: Hathway. IPTV (Internet Protocol TV): Streams content from broadcasters to a server, which is then provided on-demand. Broadcasting Schematics Speed of Transmission:  Fastest transmission is through MSO, followed by DTH and IPTV. Landing Page Ads: Premium ads go to DTH platforms as landing page ads, while local content is targeted through MSOs. Addressability in Cable TV: Cable providers can determine where you live and target advertisements based on estimated income. Television Carriage and Distribution Methods Television Carriage (Content Delivery): ○ Terrestrial Broadcast ○ Satellite TV ○ IPTV What is a Feed? ○ Feed: The signal or beam sent by a satellite to Earth. ○ Footprint: The geographical area the satellite’s feed covers. ○ Multiple Feeds: Different signals for various regions. Legal Issues in DTH: If the satellite’s footprint extends to areas like Dubai, users could theoretically watch Indian services at cheaper rates, creating legal and financial challenges. Companies have implemented geoblocking to prevent this. Traditional & Non-Traditional Channels of Broadcast Distribution Traditional Broadcast Channels: ○ Linear Broadcast ○ Non-Linear Broadcast Non-Traditional Channels: ○ NVOD (Near Video on Demand): Time-limited VOD. ○ FVOD (Free Video on Demand): Free content, like YouTube. ○ SVOD (Subscription Video on Demand): Paid subscription services, like Netflix. ○ TVOD (Transactional Video on Demand): Pay-per-view services, such as premium movies on Amazon Prime. ○ AVOD (Advertising Video on Demand): Ad-supported content. Documents to Review Following documents shared with Niharika Ma’am for review: Intermediary Guidelines Program Code Advertising Code FICCI Frame (Media Report) Draft Broadcasting Services Regulation Bill 2023 Key Highlights: Content Evaluation Committee: Recommended to be set up to assess content. Ad Codes and Program Codes: Different codes will be established. Accessibility Features: Ensure services are accessible to the differently abled. Statutory Penalties and Fines: Equitable penalties introduced. Infrastructure Sharing & Right of Way: Includes banking and telecom infrastructure. Linear Broadcasting Services: Broadcasting from one to many, including news and current affairs. OTT Services (Over the Top): On-demand content. Self-Classification: Platforms must self-classify content into categories: U (Universal) UA (Parental Guidance) A (Adult) S (Special) Additional Requirements: Parental Locks and content rating display are mandatory. Annual Reports: Platforms are required to submit these to the government. Grievance Redressal Officer: To be appointed within the territory of India. Three-Tier Regulatory Structure: 1. Level One: Internal regulation. 2. Level Two: Self-regulatory bodies. 3. Level Three: Advisory committee, overseen by the Broadcasting Advisory Council. Government Powers: Inspect and seize equipment.  Delete or modify content. Television Syndication Syndication: Licensing feature allowing different seasons of a show to air on different channels (e.g., Season 1 of The Big Bang Theory on Comedy Central, Seasons 2 & 3 on Star World). OTT (Over-the-Top) Services OTT Definition: Applications and services accessible over the Internet using operator networks. Types of OTT Services: 1. Communications 2. Video Content 3. Application Ecosystem Security Issues in OTT: Monopolistic Nature: Concerns over control by shadow companies. Ownership Questions: Potential control over customer data by unknown entities. IAMAI v. GOI Case: Challenges MeitY’s (Ministry of Electronics and IT) ability to handle OTT services. Intellectual Property Rights: Government applies a "soft touch" with minimal involvement, preferring platforms to self-regulate. IT Intermediary Rules, 2021: Amended in October 2022 to include guidelines on digital/online media. Cybercrime and IT Act Relevant Sections of the IT Act (2000, 2012 Amendments): Section 65: Tampering with computer source documents. Section 66: Computer-related offenses. Section 66A: Struck down in Shreya Singhal v. UOI. Section 66B, 66C, 66D: Cover various forms of cyber fraud.  Section 67: Punishment for publishing obscene material. Section 72: Breach of confidentiality and privacy. Key Cybercrime Cases: Bal Thackeray Facebook Post (2015): Related to offensive posts. Shreya Singhal v. UOI: Landmark case that led to striking down of Section 66A. State of Tamil Nadu v. Suhas Katti: First case involving cyber defamation. State v. Individual Criminal Cases: SMC Pneumatics v. Jogesh Kwatra: Received an ad interim injunction for email harassment. Privacy & Data Protection Puttaswamy Case: Landmark decision that changed privacy laws in India. Personal Data Protection (PDP) Act: Governs data collection, relevance, and deletion. Applicable to the Internet, OTT services, and the medical field. Challenges in India: Privacy Issues: Constant invasion of privacy, especially in public places (e.g., strangers peeping into phones). Censorship Laws in India Relevant statutory laws for censorship: Cinematograph Act Cable TV Regulations Act Cigarettes and Other Tobacco Products Act Information Technology Act Indecent Representation of Women Act Press Council of India Act Sensationalism in Media Example: The SSR case and media coverage surrounding Rhea Chakraborty. Public Interest vs. Public Curiosity: Matters of Public Interest serve public welfare. Matters of Interest to the Public often cater to public curiosity. Cause of Action Defined by Dominic Sir as: "A fact that enables a person to bring an action against another person." Example: If defamatory content is posted online against someone, and they view it in their location, they may file a case in their jurisdiction. This concept is key in cases like Defamation and Copyright Infringement since the content can be accessed anywhere, allowing the petitioner to file where they reside. Contempt of Court Civil Contempt: Disobedience of court orders or judgments. Criminal Contempt: Actions that lower the authority or dignity of the court, such as offensive remarks or behavior. Defamation Defamation in advertising is critical, as it can be used to damage someone’s name and reputation. Aspects of Defamation: 1. The statement must be defamatory. 2. It must pertain to a specific person. 3. The statement must be published or made public. Types of Defamation: Libel: Defamation in a permanent form, such as written statements. Slander: Defamation in a transient form, like spoken words (Indian laws on slander are relatively weaker than in Western countries). Valid Defenses: Truth Apologies  Consent Fair Comment Privileges in Defamation Absolute Privilege: Offers complete immunity from defamation suits, even if the statements are false or made with malice. Applicable to: Parliamentary proceedings (statements by MPs or MLAs during sessions). Judicial proceedings (statements by judges, lawyers, witnesses). Official state communications. High-ranking officials in their official capacity. Qualified Privilege: Conditional protection for statements made in good faith, especially on public interest matters. The privilege can be lost if malice is proven. Examples include: Fair and accurate reports of public proceedings (e.g., court cases, legislative debates). Statements made in the public interest. Fair comment on matters of public interest based on true facts. Honest job references. Key Point: The burden of proving malice lies with the plaintiff in cases of qualified privilege. Public Interest vs. Public Curiosity Statements in public interest pertain to topics that affect the public welfare. Statements the public is interested in may not serve the public good but simply pique curiosity. International Labour Organization (ILO) India is a member of the ILO, and numerous labor laws adhere to ILO standards. Relevant Acts in Advertising Competition Act, 2002 Consumer Protection Act, 1986 Advertising students should have a solid understanding of these acts. Workplace Harassment & Sexual Assault Laws Dominic Sir emphasized the seriousness of workplace harassment laws, especially those protecting women. He discussed: The importance of dignity and respect in the workplace. How harassment affects one's ability to work in the same environment. Sir advised the boys to be mindful of their behavior and suggested that girls should first consult before raising complaints.