Press and Media Law

Academic Year 2022- 23

9th Semester

Some Observations for Chapter 1 – Introduction

Sources:
(https://egyankosh.ac.in/bitstream/123456789/33150/1/Unit-16.pdf)
Myneni
https://egyankosh.ac.in/bitstream/123456789/57026/1/Unit%2010.pdf
new trends (see for eg.: https://reports.weforum.org/human-implications-of-digital-
media-2016/benefits-and-opportunities/ )
Media Law and Policy in the Internet age – introduction - Impact of Internet-
D D Basu

WHAT IS MASS MEDIA?

Mass media here means communication through a number of physical transmission

modes such as print, audio, visual, audio-visual and electronic forms to a general mass
of common persons, irrespective of their position, intellectual attainments, or social
status, etc.

It is a means by which almost all current human affairs are collected, recorded and
disseminated for the consumption of any common person.

It is an instrument by which the general common public are kept informed of political
activities of a state, international relations between countries, economic and business affairs,
industrial relations, games and sports, cultural events and entertainments, and a host of other
subjects.

There are two vital components of mass communication.

o First, the physical media and the

o second, the contents carried by the media for communication.

Both these aspects have developed to a great extent; contents in terms of their scope and
coverage and media on account of the fast and spectacular advances in its technology.

The media has influenced contents to such an extent to say that the medium is the message.
This means that the media of communication - whether it is human voice or printed
text, neon signs or electronic impulses - influences the message, the sender, the audience
and the effects of mass communication, far more significantly than ever before.

Mass media is typically represented by printed daily newspapers, weekly, fortnightly

monthly magazines; broadcasting over radio, telecasting over television, and a number
of other combinations of audio and visual communications such as Audio Cassettes,
Video Tapes, Compact Discs of recorded music. This field has expanded very rapidly
with the advances of information and communication technology.

These have become very powerful tools in political, economic, business, cultural and in every
other human activities. Let us examine the well-established institutions of the mass media.

MODES OF MASS MEDIA

Some of the more important representatives of mass media are:

• Print media - primarily newspapers and popular magazines;

• Electronic Media
• • Radio broadcasting;
• • Television, and audio-visuals;
• • Public relations;
• • Advertising and Advertisements.

Seven mass media –

1. Print- books, pamphlets, newspapers, magazines etc

2. Recording- gramophone records, magnetic tapes, cartridges, cdc, dvds,
3. Cinema
4. Radio
5. Television
6. Internet
7. Mobile phones

Print Media - Among the print media that carry contents of mass communication, the daily
newspapers occupy the centre. Today's newspapers bring out supplements almost every day
relating to education, science and technology, business and industry, management, sports and
games, cultural events, entertainment, and so on. Besides these daily supplements, they also
bring out Saturday and Sunday magazines. They also bring out special supplements on
occasions that are nationally significant, for example, Independence Day, Republic Day
Teachers Day, Martyrs Day, or important religious festivals. There are also daily
newspapers exclusively devoted to economic and business affairs e.g., Economic Times
they also cover matters relating to films and such other subjects of public interest and
potential demand. The fortnightly, weekly and monthly popular magazines are
predominantly light reading material, having more entertainment and amusement features
rather than informative or educative matter. They have, however, wide circulation both in
English and Indian languages. Newspapers carry news, commentaries, analysis and reviews
on current significant events and activities, personalities, feature articles on subjects of
current interest, sports and games, general information on weather, local programmes and
activities, radio and television programmes, stock market news, business information and
many others.

Advertisements occupy a major share of space in almost every newspaper. Except

wealthy newspapers of industrial and business houses which have their own mechanisms for
news supply, the others get' their news supply through Reuters, Associated Press, Press Trust
of India, Indian News Agency and such others.

Newspaper industries are well structured, in terms of administration and management and are
staffed with persons who are academically qualified with professional training/experience,
good technicians and technologists to use modern technologies effectively for production.
The editorial staff of newspapers include reporters, editors at various levels, analysts,
and feature writers. The production staff comprises technologists, technicians with
various professional experience and training and professional managers. Many
newspaper agencies, particularly the well established ones, bring out their products not only
in print media but in microforms and electronic media as well. Some newspapers have good
documentation and information service units also e.g., The Times of India, The Hindu
and others are bringing out Internet editions. Research libraries build up newspaper
collections, because of their archival and historical research value and offer newspaper
clipping service. Microfilms of newspapers are brought out for long time preservation.

Magazines- a magazine is a periodical publication containing a variety of articles, generally

financed by advertising and/or purchase by leaders.

Magazines are typically published weekly, biweekly, monthy bimonthly or quarterly, with a
date on the cover that is in advance of the date it is actually published. They are often printed
in colour.
Magazines are categorised into consumer magazines and business magazines. Magazines are
distinct from periodicals produced by scientific artistic, academic or special interest
publishers which are subscription only, more expensive narrowly limited in circulation and
often have little or no advertisement.

Magazines can be classified as magazines of general interest ; magazines of special interest.

Newspaper- a newspaper is a publication containing news and information and advertising

usually printed on low cost paper called newsprint. It may be generally or of special interest
most often published daily or weekly.

The 20th century has seen rapid growth of newspaper industry and, to withstand the
challenges posed by newer electronic communication, newspaper have adopted latest
technology like computerisation, to speed up the production process and improve their
quality.
News papers have also added supplements

Traditionally newspapers, have a local emphasis which serves the interests of a specific
community with news, comments, features photos and advertising. Now they give priority to
not only local, but to national as well as international business and sports news

Paid circulation is declining in most countries and advertising revenue, which makes up the
bulk of a newspaper’s income, is shifting from print to online.

Classification of newspapers- Newspapers are classified as big, medium or small based on

their circulation
Books – A book is a collection of sheets of paper, parchment or other material with a piece of
text written on them, bound together along one edge within covers. A book is also literary
work or main division of such a work. A book in elcetronic form is called e book.

Radio Broadcasting

Broadcasting is the distribution of sound to a number of recipients listeners that belong to a

large group. This group may be public in general or a relatively large audience within public.
Radio broadcasting from a very large segment of mass media. Radio programs are distributed
through radio broadcasting over a frequency bands that are highly regulated by the IR. Such
regulations include determination of the width of bands, range, licensing, types of receivers
and transmitters used and acceptable content.

Digital radio may transmit multiplexed programming with several channels compressed into
one ensemble.

The Radio network in country has expanded exponentially. Radio broadcasting has been a
major mode of mass communication. Akash Vani (All India Radio) has been offering this
service from the beginning of this century in India without any competitor until the last
quarter of a century.

Radio stations located at various regions in the country, broadcast news in English and other
Indian languages, news analysis, entertainment programmes of various kinds, music
programmes - both light and classical, suitable programmes for women, children, farmers,
industrialists, educational programmes for schools and colleges and professional institutions.
Sports and games get a good share of broadcasts.

The use of satellites for programme distribution, the rise of automated broadcast
technology and the widespread use of computers have added programming options and
have improved radio stations' ability to improve operations with economy. The
personnel in radio broadcasting comprise directors, programme specialists, managers of
different categories, besides artists, musicians, script writers, journalists and field workers,
engineers and technologists, news readers and commentators, etc.

Television

Television place in our daily lives today. Satellite communication systems and multimedia
have provided unlimited opportunities for telecasting a variety of programmes. Television
programmes range from entertainment to highly organised teleconferencing to project global
news on a number of issues concerning political, social, economic and cultural affairs.

A great number of persons with different qualifications and expertise are involved in
television programmes. News, views, reviews, discussions, etc. on current events and
activities, instructional programmes for students at various levels, e.g., UGC programmes,
IGNOU Mass Media programmes, live telecasting of national and international tournaments
in sports and games, attract almost every human being irrespective or age, sex and
occupation.
Programme designers, directors, script writers, technicians and technologists, artists,
musicians, photographic experts, camera persons and many others constitute the staff
of a television centre.

The television industry has grown enormously. There are more than a hundred television
networks and stations operating in the world today. In India, besides Doordarshan, a number
of private television networks are in operation, giving the viewers a variety of programmes to
choose from.

there is newer development of satellite cable television. Millions watch rhe live coverage of
important happenings in recent time through the many satellites in space which are linked via
cable to the TV at home. TV has now assumed a significant role in providing the ‘latest’ and
the ‘best’ happenings in the world.

The foreign networks over millions in metropolitan cities and smaller towns is getting tighter
as they offer many channels transmitting different programs simultaneously round the clock.

Films
Films are considered as a major mass medium because of their mass appeal and influence on
society. Film is a term that encompasses motion pictures as individual projects as well as the
field in general. They entertain, educate, enlighten and inspire audience. Films are artefacts
created by specific cultures which reflect those cultures and in turn affect them. Any film can
become a worldwide attraction, especially with the addition of dubbing or subtitles that
translate film message.

Audi Recording-
Sound recording and reproduction of the electrical or mechanical recreation and /or
amplification of sound often as music. This involves use of audio equipment such as
microphones, recording devices and loudspeakers. From phonograph, electronic recording,
digital audio players.

Advertising and Advertisements(ADS)

Advertising is considered part of mass communication for three reasons viz. It provides
financial support to mass communication; Advertisements are usually mass based and
hence all expertise required for mass communication are applicable here; and
Advertising is a pervasive part of modern culture, a medium to build up images of a
society.

Advertisements are forms of communication that involve creativity, persuasion and

impact of the messages carried by them.

Most advertisements that we are familiar with, are consumer ads used to sell products and/or
promote a brand of a product among individuals or organisations who are likely to be
consumers. Advertisements specially product advertisements describe the features at the
products or services, usefulness and also compare with other products or services. These
contain useful information and latest developments.

Advertising is becoming a major industry with numerous avenues for development.

Advertising agencies choose their medium for their advertisements. Newspapers, popular
journals that are paper-print based, television and broadcasting, video and audio cassettes,
and in every medium of mass communication carry advertisements. Generally advertisements
are persuasive, influencing and undering habits and shaping behaviour and fashions.

As the advertisement field is expanding fast, specialists and experts in mass communication
find enough opportunities to apply their expertise, methods and techniques in advertisements.
All the different categories of personnel who are involved in other areas of mass
communication are operating in advertisement agencies. Multimedia technology is fully
utilised to produce advertisements.

New Age Media (Digital media)

From reading newspaper to watching television; from listening to radio and watching films,
each and every media consumption experience has been affected by the emergence of Digital
media.

Newspapers are being read on laptop, tablets and smartphones. Even while reading the
print version there is always a temptation to go online to watch a video using a certain
app. Online medium world over is giving a tough competition to Print and TV.

A lot of people are consuming media messages not from the established television
channel but by subscribing to youtubers.

Radio sets are often seen in households unused as people are tuned into their favourite
channels through smartphones.

The medium has not only affected the consumption pattern but has also affected the way
media messages are produced. New technologies have impacted each and every function in a
media house.

Old ways of working on certain product has been replaced by a new ways of packaging of
information which is influenced by the emergence of new technologies.

There are different terms which are being used interchangeably for Digital Media like online
media, new media, ICT etc.

DEFINING DIGITAL MEDIA- Every Industry is relooking and reinventing various

processes like production, resource management, marketing and is aligning it to the rules of
the digital world. Media Industry too has undergone a sea change through the digital
transformation process. Each and every function of a media organisation is affected by the
new technologies in recent years. While some media houses were very prompt and active in
embracing these changes, others lagged behind. Laggards though could not resist the change
for long and had to hop to the digital be and wagon to survive in the industry. Slowly they too
embraced technology’s meaningful role in the digital world.

In the context of Media, there are numbers of terms which are used interchangeably like New
Media, Information and Communication technologies, Digital Media, Online media,
Multimedia, Convergence media etc. There are some overlaps, but the meaning varies with
the context.

Let us explore the meaning of these terms:

• Information and Communication Technologies: According to the World Bank ICT

consists of hardware, software, networks, and media for collection, storage,
processing, transmission, and presentation of information (voice, data, text,
images)

• Digital Media: The digital process breaks down all information( data, text graphics,
audio, pictures or video- into a sequence of numbers ( digits), transports it by wire,
cable or broadcast frequency to a destination and then re-assembles it back into its
original form. Digital media refers to audio, video, and photo content that has
been encoded (digitally compressed).

Encoding content involves converting audio and video input into a digital media
file such as a Windows Media file. After digital media is encoded, it can be easily
manipulated, distributed, and rendered (played) by computers, and is easily
transmitted over computer networks. Examples of digital media types include:
Windows Media Audio (WMA), Windows Media Video (WMV), MP3, JPEG, and
AVI.

• New Media: New Media refers to those digital Media that are interactive,
incorporate two-way communication and involve some form of computing as
opposed to ‘old media’ such as telephone, radio and TV according to Robert
Logan (2010). (websites, blogs, social media networks, podcasts, vlogs ,webinar)

• Online Media: This is generic term often used loosely to describe digital
information access, retrieval or dissemination. This means accessing information
on Internet via modem or telephone line.

• Multimedia: Means use of more than one media technique (text, audio, still
images, moving images) to tell a story. A multimedia news story then is any piece
that uses two or more media to tell it.

The above mentioned terms are deeply linked and thus are difficult to distinguish. The
significance of limiting this definition is largely contextual. In
- the Information and Communication Technology encompasses
everything from hardware to software and also include dissemination
of information, the focus is on what makes any information digital in
the Digital Media definition.
- In New Media, stress is on how the digital media is being used with
interaction and two way communication as its important feature.
- Multimedia, however is the combination of two or more media
techniques which is easily possible only when the information is
available in digital format. While there is an overlapping basis for
these, however each of these terms have some distinct feature.
CHARACTERISTICS OF DIGITALMEDIA

There has been a massive growth in the popularity of digital media world over in the last
decade. Infact, digital media is seen as a threat to the legacy media. Where ever there is a
decline in newspapers’ readership, Digital has been quoted as one of the major reason.
Whether digital is responsible for the decline in the growth of legacy media will be explored
in the sub sections later in this unit. In this section the focus will be on the characteristics that
made digital media a popular platform.

- Interactivity The most important characteristic that distinguishes Digital Media from
traditional media is ‘interactivity’. It allows people to rate, share, like and comment
on any message. There is a shift from the limited interactivity which traditional media
offered earlier in the form of letters to the editor or the feedback programmes on TV and
radio to the unlimited interactivity that digital media offers. This interactivity not only
allows people to respond or react to the messages constructed by the media houses but it
also turns consumer into a producer, wherein people are not just consuming media
messages but they are also constructing media messages. This feature has turned passive
consumers into active producers. Most of the news portals now a days are offering
opportunities to the users to interact with the content (in case of interactive stories),
interact with the producers of the content and are also providing space for the user
generated content. Report for CNN is an example of how mainstream media encourages
its audience to interact with the platform. Here, the interaction is not just by writing
comments or rating stories done by CNN but iReport for CNN” is an interactive,
international monthly half-hour TV program showcasing the most newsworthy and
informative iReport contributions and citizen journalism reports on the internet. Besides
sending it to the platform, citizens can post it on Facebook, Instagram or Twitter with the
hashtag #CNNiReport.

- Convergence - Digital Media makes the merging of various mass communication

formats like print, television and radio. On the internet, every medium resides next to
another. You can listen to an audio interview, watch the event happening and read the
story at the same time. Journalists are using one medium to tell one aspect of the story
and another medium to tell another aspect. For example a story on a satellite launch in
India might use an explainer video to explain demonetisation, photographs to tell how it
is being implemented, text to analyse the initiative and audio for interviews with the
experts. All these elements could be combined to tell a story on launching a satellite. This
is also called multimedia journalism. In this case each media element is an important part
of the story. Multimedia reporting is usually confused with parallel reporting. In parallel
reporting two or three journalists cover a story for print, video or audio. In such cases
these stories are independent of each other. As they are separate stories told by different
journalists. Even if it is uploaded on the website, the only thing they have in common is
subject otherwise stories are different. In multimedia journalism various media
elements are weaved in the story according to the requirement of the story. There are
number of digital tools which can help journalists to write multimedia stories. Some
examples of multimedia story can be seen at the following link:
https://infogr.am/examples

- Immediacy- Another important characteristic of Digital Media is immediacy. While in

radio and television only one thing can be shown at one time and to show another the
previous one has to be interrupted, on websites one can have multiple stories and same
 can be updated as the developments on those events take place. A single story can
post a number of updates on one story.

Social networking sites by introducing live broadcasts have changed the game
altogether. Traditional Media houses as well as locals can broadcast any event live. The
broadcast feature though offers lot of opportunities with just a Smartphone in hand and no
other infrastructure. But at the same time use of this feature has drawn lot of criticism.
example of Live Streaming of. Russia Ukraine war . one can experience moments with
the broadcaster and take a look around — it’s one step closer to actually being there.

- Archiving Another characteristic that differentiates digital from the legacy media is its
inherent capacity to archive news stories, videos, audio and info graphics. The shelf
life of news, which used to be very limited, has increased tremendously with all sort of
content lying in different shelves of the website. One can visit that content anytime.
The tags and keywords act as keys to those shelves. For example an article on global
trade can be accessed by typing a search query in the search box. If the article is given a
tag like trade, Indian economy etc, it will be easy to retrieve that article from the
repository full of millions of articles. So it is important to have well archived website
but the same it should be well searchable. The archiving can also help writers to
provide important context to what they are presently writing and can be an excellent
resources for research. For readers it provides opportunity for non linear consumption of
content. They can create their own stories by reading different pieces written by different
writers and at different time.

- Linkages Archiving and information available on the web makes linkages possible. It is
easy to link the article to something which has been written earlier on the same topic
or with an article on same subject written by a different writer. Linkages provide
depth to the story. In Digital, for any story the amount of space is limited, so is the case
in print, TV and radio where there is limited space and time. While in legacy media the
challenge is to tell the entire story in the limited time and space allocated to it but the
digital media overcomes this challenge by providing links to other material which is
relevant to the story. It could be article in the same website or it could be some report
lying outside the website. While linkages broaden the scope of the story and multiple
angles can be explored at a time, it also poses a challenge of losing a reader to some
other website or content. It becomes very difficult to bring readers back to the site
once they are navigated out of the website to look for some other content.

DIGITALMEDIA IN INDIA – new trends

Blogs- blogging has become a pervasive form of media. A log is a website usually
maintained by an individual with regular entries of commentary description of events or
interactive media such as images or videos. Entries are commonly displayed in reverse
chronological order with most recent entries showing on top. Many blogs provide
commentary or news on a particular subject; others function as more personal online
diaries. A typical blog combines text, images and other graphics and links to other blogs,
web pages and related media. The ability of reader to leave comments in an interactive
format is an important part of many blogs most blogs are primarily textual, although some
focus on art (artlog), photos (photolog), sketchblog, videos (vlog), music (MP3 blog),
audio (pod casting)
Microblogging is a type which consists of blogs with very short posts.
 Data Journalism, big data, data analytics are buzzwords now a days. Data is being
used by media houses to tell stories. Open data movement has made it easier for
communicators and journalists to access and use data. Many countries are releasing their
data as open data so that it can be used by the public for various purposes. In India,
www.data.gov.in platform hosts data from all the Ministries and departments.

Media Law and Policy in the Internet age – introduction - Impact of Internet- pg 2

The Internet is a double-sided coin like no other in history: a global, two-way expressway for ideas and
information as well as for publication on a scale previously unimaginable. 7 A dramatic example of the Internet’s
capacity for information dissemination came in early 2016 when members of a consortium of investigative
journalists from 80 countries published stories, tailored for their respective audiences, that showed how
politicians and others sheltered wealth in offshore tax havens; the so-called Panama Papers were gleaned from
millions of encrypted documents originally leaked to a German newspaper. 8 Many courts, legislatures and
regulators are struggling in many different ways to contend with this dif cult duality, the inherent tendency of
the Internet to greatly liberalise media freedoms but also to enable and greatly amplify harm, which can be
stored in archives and remain hard to trace and remove

The Internet yields new factual contexts to challenge the application and adaptation of existing law, but the
fundamental issue is still the same.

In the end, the Internet can be seen as a ‘tool’. 19 It can be put to different uses, depend- ing on the purposes of
who wields it. It can liberalise media freedoms by opening expres- sion-and-opinion doors to a vast new
interactive community, but the technology of it can also be manipulated to shut the same doors. In the hands of
judges who believe, as Lord Dyson writes, that ‘the public has a right to understand what (judges) are doing’, it
enables live-streaming and tweeting of courtroom proceedings. 20 But it also facilitates surveillance on levels
never seen before. The bene t and the danger have the same binary origin.

Pg 6- History has taught us that the instinct of those in power to ‘control’ the press is a strong one ... [T]he struggle to
‘free’ the media took hundreds of years, and is an achievement that should not be taken lightly. 40

Media freedom matters. Where media is free, truth emerges from unfettered exchange of information and
expression. But throughout history, the first instinct of official power, when confronted with information or
opinion contrary to its interests, is to control media.

The Internet raises the heat of this tension. With its capacity to shine wider spotlights on official misconduct and
abuse of power with content and ideas that unsettle existing authority, the Internet increases the temptation of
authority to restrict access to truth.

Today, the temptation to restrict is not limited to traditional media operating (online and offline) within the laws
and regulations of particular jurisdictions, but also to an entirely new interactive universe of producers and
information recipients who use Internet technology to drive content and ideas across borders and into archives
not easily emptied of information deemed harmful or threatening to individual or national interests.

The technology also enables new levels of purely social interaction and commercial partnerships. The onset of
multiple globalised forms of communications forces reconsideration of sovereign borders and the importance of
‘legal rules and systems’ based on the ‘principle of territoriality’ and the need to rede ne the ‘competence of
states to regulate cross-border activities.’ 41 In international forums, the reconsideration and redefining have led
to two main ideas for Internet governance. One is built on an open and neutral system for distributing power to
Internet users with no traditional role in sovereign power, such as non- governmental organisations. The other
rests on a ‘cyber-sovereignty’ concept under which governments regulate Internet activities accessible to
domestic audiences. The US and other western nations came to favor the first; China, Russia, and others came to
embrace the second, and have used filtering and other technology to block and censor content.

What China has constructed—a system for managing what nearly 700 million people, or almost 1 in 4 of the
world’s online users, can read, see, and hear—does not bode well for people who live in authoritarian countries.
China is promoting its vision of cyber- sovereignty as ‘a model for the world’ and was expected in 2016 to
approve legislation that ‘would codify, organise, and strengthen its control of the Internet.’ 42 Other nations are
already well down China’s path.

At the same time, however, in western nations, the ‘open and neutral’ picture is clouded for a different reason.
As wielded by commercial and private interests, technology itself can become a de-facto regulator, replacing
traditionally open processes of rulemaking. It can happen, for example, in the use of so-called digital rights
management systems that limit access to content through ‘code’, a binary way of aligning the law, markets, and
social norms by using the ‘architecture’ of Internet hardware and software to ‘code’ content into systems that
automatically execute. Code is not law, nor transparent, and so the ‘question of who is in control of and
responsible for code is of utmost social importance.’ 44

The use of Internet technology to regulate content in different ways alarms Internet activ- ists and scholars. The
Internet has become such a part of everyday life that, in the absence of common rules across jurisdictions, a new
‘universal media governance framework’ with regulations having their own ‘special characteristics and
particularities is needed to cre- ate legal certainty.’ 45 Akin to international private law, the focus must be on ‘on
societal interests’ that include the removal of ‘democratic de cits’ accruing from media ownership, ltering, and
censorship.46

In March 2014, Sir Tim Berners-Lee, the British computer scientist and inventor of the World Wide Web, which
connects the computer networks comprising the Internet, called for a similar universal governance structure
because the Internet had come under increas- ing government and corporate attack. He said an online Magna
Carta was needed to protect an ‘open, neutral’ Internet.

Magna Carta was granted in 1215 by the King of England to enshrine two main prin- ciples, government
accountability and protection of individual rights, but it had birthing problems similar to those in media self-
regulation in the UK. 48 Self-regulation for print media in the UK began in 1953 with the creation of the Press
Council, but in the 1980s it came to be seen as an ineffective regulator of unethical press conduct. 49 Rather than
seek to impose statutory controls, the government commissioned a report, which led to a Code of Practice and a
new self-regulatory agency, the Press Complaints Commission.

History began repeating itself in 2011, in the wake of a phone-hacking scandal involving illegal acts by
journalists from the News of the World newspaper. The scandal led to another government-commissioned report
into the practices and ethics of the British press. The Leveson Report resulted in the scrapping of the Press
Complaints Commission because it ‘became apparent that the public and politicians had lost con dence in the
existing system.’50 It also led, in 2014, to the creation of another self-regulatory body, the Independent Press
Standards Organisation (IPSO).

The IPSO was designed to ensure self-regulation was independent through a series of safeguards against
government or political interference that included audits and standards established by the media, but overseen
by an independent panel. The system introduced standards far beyond those of the existing Code of Practice. But
it can be dif cult for IPSO to determine to whom its standards apply. Who is ‘entitled to source protection rights’
and does it ‘matter whether an individual’ is a journalist? ‘Should the focus be on ‘output’ and apply to any
publication ‘that is in the public interest, irrespective of the status of the writer?’ 51

Other common law nations struggle with regulatory dilemmas in similar, but also unique ways. In New Zealand,
its Law Commission recommended a ‘grand regulator’ in the form of a News Media Standards Authority for all
media, but the government rejected the proposal. In the place of a grand regulator, New Zealand has a
patchwork of laws and regulatory conventions.52 For example, its Press Council, a volunteer self-regulatory
body for print media, began offering membership to digital media. Meanwhile, the nation’s Broadcast Standards
Authority, a statutory agency that co-regulates content with its members (by reviewing cases of complainants
dissatis ed with a broadcaster’s response), began working with its members to establish a new set of standards.
Separately, the broadcasters set up a new Online Media Standards Authority, an industry-led group, to regulate
online content.53 Sorting out the regulatory quandaries presented by the Internet in jurisdictions large and small
are very much works in progress.

D D Basu

The expression press law commonly refers to a special law which is solely concerned with a
printing establishment or those who are concerned with the printing and publication of
printed matter. Such law would not affect other persons, who are not engaged in printing or
publishing printed matter. Historically, the agitation for freedom of the press started by way
of protect against such special laws such as the Press Emergency Powers Act, 1931; the
Press (Objectionable Matter) Act, 1951; the Prevention of Publication of Objectionable
Matter Act 1976. None of these acts exist of today

But though there is no longer any such regressive union law directed against the press
there are certain regulatory measures such as the Press and Registration of Book Act, 1867
and even beneficial measures such as the working journalist act which go to improve the
conditions of certain categories of employees of the press, Besides there are certain criminal
laws which affect all offenders, whether engaged in connection with the press or not.

Meaning of the Press : Webster’s Dictionary- ‘ clipped form of printing press (b) a printing or
publishing establishment (c) the art business or practice of printing (d) newspapers,
magazines, news services etc in general or the persons who write them; journalism and
journalists e) publicity, criticism etc in newspapers, magazines etc

The term Press would encompass-

(a) The press as an establishment where printing is done. Press in this sense means all
plant, machinery implements and other materials by means of which printing is
 done. But in order to bring under control of the administration those who try to
avoid the law of the press by resorting to duplicators, instead of printing machinery,
a regulatory statute, sometimes enlarges the definition by including duplication
machinery as well. This has been done in the Press and Registration of Books Act
1867 by inserting the definition of ‘printing’ in section 1(1) as ‘printing includes
cyclostyling and printing my lithography.
(b) The press as a medium of publication – in which connection arises the topic of
‘freedom of the press’ Freedom of the press is closely related to the freedom of a
person and independence of the judiciary.
In Bridges vs California, Frankfurter J in his dissenting judgment said ‘freedom of
speech and of press are essential to the enlightenment of a free people and in
restraining those who wield power. Particularly should this freedom be employed in
commenting upon the work of courts, who are without many influences ordinarily
making for humour and humility, twin antidotes to the corrosion of power. But like
all kinds of freedom it has its limitation.
Lord Kenyon C. J in Cuthell’s case, stated ‘the liberty of the press is dear to England
the licentiousness of the press is odious to England.’ : the Liberty of it can never be
so well protected as by beating down the licentiousness.
(c) The products of printing such as newspapers, pamphlets, handbills, books
But even though a printing press produces printed matter of different kinds,
including pamphlets, books or other documents, in a narrower sense (which may be
said to be common use of the term) the term “press’ refers to a ‘newspaper’ in
particular- as in the expression ‘freedom of the press’, ‘privileges of the press.’. A
newspaper means ‘any printed periodical work containing public news or comments
on public news.’ It not only presents facts, but also gives interpretation of facts and
statements of opinions, through its editorials.
(d) Those who engage in the production of the foregoing articles, such as printer, editor,
publisher, journalist or author
(e) The business aspect of a printing establishment and a newspaper, in particular e.g.
an employer as an advertising agency or a publisher of books for consideration
(f) The press as a medium of expression publicity and criticism etc in relation to an
individual (involving defamation); in relation to the state (involving sedition,
incitement to offences and the like); in relation to the court (involving contempt of
court); in relation to parliament (affecting privileges of parliament); in relation to the
public in general (involving public order, decency)

What is a newspaper?

The Law of press comprehends the materials printed by a printing press it would be
convenient to state features of the various kinds of such printing.
Of these the most important is the newspaper. When we speak of press it is mostly
identified with the newspaper.

Definition of Newspaper in Press and registration of Books Act 1867 - Definition of

newspaper here is only for the purpose of this act, but it is very comprehensive. In fact this
definition is adopted in section 2 al) of Delivery of Books and Newspaper (Public Libraries)
Act, 1954 and section 95(2)(a) of CrPC.( Power to declare certain publications forfeited and
to issue search warrants for the same. ). The definition in Working Journalist Act 1955 is
also the same except that additionally it empowers the central govt to include any other
class of printed periodical work in the definition of newspaper, through notification in
official gazette.

Section 1(1)- Newspaper means any printed periodical work containing public news or
comments on public news
When analysed the requirements are
1. It must be printed
2. It must be issued periodically
3. It must contain news or comments on news
4. Such news must be of public nature.

Rameshwar vs Emp AIR 1931 Nag 177- Since it must be printed typed duplicated or
cyclostyled, periodicals are excluded.

Cf Iyer Vs Commr, S T AIR 1960 Orissa –But it need not be issued in a sheet form and would
include magazine and even law reports.

News- News must relate to happening of recent occurrence, or new information about past
or coming events. It follows that a publication which exclusively publishes legal notices
would not be a ‘newspaper.’
Subject to the above condition, it may relate to any subject for the information of the
general reader, such as political, social, moral, religious or other matters of public interest.

Definition of Newspaper in Post office Act 1898- section 9(2) – the act contains provision
regarding ‘registered newspaper’ that is registration of newspaper for inland post

For the purpose of such registration, every publication, consisting wholly or in great part of
political or other news, or of articles relating thereto or to other current topics, with or
without advertisements, shall be deemed a newspaper, subject to the following conditions,
namely:- (a) that it is published in numbers at intervals of not more than thirty one days; and
(b) that it has a bona fide list of subscribers (3) An extra or supplement to a newspaper,
bearing the same date as the newspaper and transmitted therewith, shall be deemed to be part
of the newspaper:

This definition is different from earlier one as it requires ‘bona fide list of subscribers’ and
excludes newspapers or magazines which are published at an interval exceeding one month.

Newspaper – it includes a news agency report containing material for publication in a

newspaper-Constitution of India Article 361 -A (2) Expln.
Press and Registration of Books Act- means any printed periodical work containing public
news or comments on public news published in conformity with the provisions of section 5
of the press and registration of book act 1867

Working journalist and other newspaper employees conditions of service and miscellaneous
provisions act- newspaper means any printed or periodical work containing public news or
comments on public news and includes such other class of printed periodical work as may
from time to time be notified in this behalf by the central government in the official gazette.

Newspaper Prize and Page Act section 2(b)- any printed periodical work containing public
news or comments or public news appearing at intervals of not more than a week.

Newspaper means any periodical work containing public news or comments on public
news.

Newspaper means any printed periodical work containing public news or comments on
public news and includes a news agency supplying material for publication in a newspaper -
parliamentary proceedings (protection of Publication ) Act 1977 section2

News paper includes any journal magazine or other periodical publication (English) lotteries
and Amusements Act 1976
PSV Iyer vs Commisioner of Sales Tax 1960 Ori 221 (223) – the essential pre requisite of a
periodical in order to make it a ‘newspaper; is that it must contain mainly public news or
comments on public news.

The Gazette of India is newspaper under the definition of section2 (b) of working journalists
(conditions of service) and Miscellaneous Provisions act 1955. (L D Jain Vs General Manager,
Govt of India Press, new Delhi 1967 (3) DLT 33

Nar bahadur Khatiwada Vs State of Sikkim AIR 2004 Sikkim 41, 45 (para7)- A publication
regularly printed and distributed usually daily or weekly containing news, opinions,
advertisements and other items of general interest. ‘Sikkim Herald’ comes within the ambit
of newspaper as it is a printed periodical work containing public news.

Newspaper Establishment- Section 2(d) of the Working Journalists Act 1955- section 2(d)-
newspaper establishment means an establishment under the control of any person or body
of persons whether incorporated or not, for the production or publication of one or more
newspapers or for conducting any news agency or syndicate.

This definition is necessary as the act deals with certain rights and privileges of the working
journalist as well as nonjournalist newspaper employees employed in a newspaper
establishment. Th e purpose was to protect non journalist employees who produce a
newspaper.

Books- A printed treatise filling a number of sheets fastened together.

Press and Registration of Books Act – the definition of ‘book’ in section1 (1) of the Act-
inclusive definition – book includes every volume, part or division of a volume and pamphlet
in any language and every sheet of music, map, chart or plan separately printed.
By this definition, book would exclude newspaper but would include pamphlets. Pamphlet
however has not been defined. But what can be deciphered from the dictionary is that
‘pamphlet is a small unbound treatise specially on a subject of current interest. a single
sheet or document having no literary, historical or cultural value, such as mere poster, or
notice, would not be pamphlet.

The definition of book in copyright act becomes relevant here - eg English copyright act
1845- includes ‘every volume, part or division of a volume, pamphlet, sheet of letter press,
sheet pf music, map chart, or plan separately published. Book in section 24 includes any
review, magazine, periodical work, works published in a series of books or parts,
transactions of a society or body and other books of which different volumes or parts are
published at different times.

A book must be judged as a whole with its introduction and acknowledgement. A good book
is the precious lifeblood of a master spirit embalmed and treasured upon purpose of life
beyond this lift.

However, now, in the Press and Registration Act, another word has been inserted that is
‘paper’ S 1(1).
Paper means any document including a newspaper other than a book.
Document according to general Clauses Act is an instrument on which is recorded by
means of letters, figures or marks or by more than one of those means, which is intended to
be used for the purpose of recording that matter.

Document is any physical embodiment of information or ideas, eg letter, contract, recipt,

book of account, blue print or an x ray plate. Eg IT Act 2000.

It Act 2000 defines document as a ‘record consisting of information inscribed on a tangible

medium such as a paper rather than computer based information.

However, In view of the amendments made in the Indian Evidence Act 1872 and the IPC
1860, the word document would also mean and include ‘a document or electronic record’

It is therefore clear that any decipherable information which is set down on a lasting form,
such as leaflet, notice, invitation or even visiting card would be a document ( PP vs Amrath
AIR 1960 AP 176) and would be a paper irrespective of its literary or other value. It must
therefore comply with requirements of Section3 of Press and Registration of Books Act,
because it relates to ‘every book or paper’ hence it is no longer useful to debate whether
a notice or a one sheet paper would constitute a pamphlet or a book because if it does
not come within the definition of a book, it would fall in the category of a paper which
includes newspaper too.

Myneni- Chapter 2

Mass media can be divided into two- Print media and Electronic media.
Print media- consists of books, magazines and newspapers
Electronic media are radio, television satellite TV cable TV Cinema etc.

Seven Mass media

Freedom of the Press (chapter 2 – D D BAsu)

Why do we need freedom of press?

The Purpose of the press is to advance the public interest by publishing facts and opinions
without which a democratic country cannot make responsible judgments.

Freedom of the Press today means absence of interference by state with which the Press,
except in so far as it is authorised by the constitution of India and by laws which are
constitutionally valid.

1. Freedom means absence of control interference or restriction hence the expression

‘freedom of the press means the right to print and publish without any interference
from the state or any public authority. But, as will be seen presently, this freedom
like any other freedom, cannot be absolute but is subject to well-known exceptions
acknowledged in public interest, which in India are enumerated in Art 19 of the
constitution.
2. Since in India, freedom of expression is guaranteed by Article 19(1)(a) of the
constitution, and it has been held by our Supreme Court that freedom of the press is
included in that wider guarantee, it is unnecessary to plead for the freedom of the
press in this country
Nevertheless the principle which lie at the background of the freedom of the press
and the limitation thereto are relevant to every legislation relating to the press. Since
its constitutionality can be challenged in India, it would not be only useful but also
essential to keep in mind the basic and historic principles on which freedom of the
press is founded. This has become particularly true when the zeal for establishing a
welfare and socialist state is apt to relegate individual rights to background (is it
relavant today?)

3. It is a basic human right and has been also called a preferred right (LIC vs Munnabhai
AIR 1993 SC 171 and Odyssey vs Lokvidyayan AIR 1988 SC 1642)

4. The Argument in favour of freedom of speech Press is same as freedom of speech-

a) A printed matter records the ideas in permanent form which speech cannot
b) A newspaper or book has a larger circulation than spoken words. Even
though in modern times, a newspaper has other rivals in the realm of media
of expression, such as the radio, television, internet, the morning daily has
still the widest demand in the world and most potent form of mass
communication
Groajean Vs American Press Co (1935) 297 US 233- the newspapers,
magazines and other journals of the country …have shed and continued to
 shed light on the public and business affair of the nation than any other
instrumentality of publicity
c) Though article 19(1)(a) provides no constitutional privilege expressly to press,
What is know as freedom of press is actually freedom of expression of every
citizen (guaranteed by article 19 (1)(a) of the constitution. And includes

- The right to lay what sentiments he pleases before the public or the right to
impart information or ideas
- The right to receive information and ideas from others through any lawful
medium
d) Historically growth and development of representative democracy is so much
intertwined with the growth of the press that the press has come to be
recognised as an institutional limb of modern democracy.
e) For example, in the US, the indispensability of the press for proper
functioning of the democracy is so much embedded in the US that Jefferson
once said that if he had to choose between having a government without
newspapers on the one hand and newspapers without a government on the
other, he would have no hesitation in preferring the latter. This ws the view
which triumphed in 1791 (the congress shall make no law…abridging the
freedom of speech or of the press)
f) Canada case says – ‘freedom of discussion is essential to enlighten public
opinion in a democratic state, it cannot be curtailed without affecting the
right of the public to be informed through sources independent of the
government concerning matters of public interest.