INTRODUCTION:
India being one of the largest democracies in the world has a complex frame work of mass media culture. ‘Mass’ means enormous number of people. ‘Media’ (plural of Medium) means that by which something is done. ‘Mass Media’ means as the name suggests, media which reach the mass spread over a vast area simultaneously. ‘Mass Media’ is a term coined in 1920s is used to denote a section of the media specifically envisioned and designed to reach a very large audience such as a population of the nation state.
WHY THE PRESS NEED THE FREEDOM?
The press including individual journalist and media organization demand freedom because the functions they discharge for the benefit of the society. Both the society and the state need information from day to day basis. Though the governments have their own machinery top gather information they relay on the media as barometers of public opinion. The public or the citizens depend on the media for the fair and impartial information regarding the government’s activities. As watch dogs and neutral observers, the media are in an advantageous position to monitor and disseminate information relating to government activities.
LAWS GOVERNING THE MASS MEDIA:
Countries like USA has special provision of freedom of Press, but where as in India there is no such provisions. It is included in the Freedom of speech and Expression in Article 19 of the Indian Constitution. It was justified in constituent assembly debate by Dr.B.R.Ambedkar that the freedom of speech and expression is so broad that it also includes freedom of press. Hence a special provision was not made.
Freedom of press is the guarantee by a government of free public press for its citizens and their association, extended to members of news gathering and their published reporting. It also extends to news gathering and process involved as obtaining information for public distributor.
The Press Council act, 1978 (37 of 1978) is an important Act. Earlier to this The Press Council Of India was established in July, 1956 under The Press Council Act, 1965,, mainly to preserve the freedom of the press and to maintain and to improve the standards of the newspapers and the news agencies in the country. During the emergency the Press Council was dissolved with effect from the 1st January,1976. Then the Press Council Bill, 1977 was passed and hence the act of 1978 came into force. A statutory, quasi judicial body by name Press Council Of India was established. The council consists of the chairman and twenty eight other members. Recruitment and other functions shall be done as the provisions of The Press Council Rules, 1979.
In order to restore the provision of reporting the proceeding of the parliament which was repealed [The Parliamentary Proceedings (Protection of Publication) Act, 1956] during the period of emergency. The new Act, the Parliamentary proceedings (protection of Publication) Act, 1977 was passed with an object of communicating the proceeding of the parliament to the public.
The Contempt of Courts Act, 1971 is to define and limit the powers of certain courts in punishing contempt of courts and to regulate this procedure in relation there to. Example of scandilising the court is, allegation that ‘Justice is sold or justice is auctioned’. [ Umed v. bahadur Singh, 1981 Cr.L.J.NOC 85 (raj.)].
Price And Page schedule Regulation [The Newspaper(Price And Page)Act,1956] regulates the price of the papers in relation to their sizes.
Newsprint has been placed under ‘Open General Licence’ with effect from May 1,1995, all types of newsprint become importable by all persons without any restriction.
TRAI (Telecommunication Regulatory Authority Of India) was established in the year 1997 under The TRAI Act, 1997. It regulates the telecommunication sector and have a firm a control on all the matters transmitted.
Central Board Of Film Certification was established under The cinematograph Act,1952. This is also known as The Censor board. The main function of the board is to certify the movie based on the standard of the movie like ‘A’ (only adults), ‘A/U’( adults and childrens),’U’(for all sect).
The broadcasting is controlled by cable Television Network(Regulation) Act,1995 and Cable Television Network(regulation)(amendment) Bill,2002. The Direct-To-Home(DTH) service is permitted in Ku Band in India. The prohibition on the reception and distribution of television signal in Ku Band has been withdrawn by the government vide notification No. GSR 18(E) dated 9th January,2001 of the department of Telecommunications.
These are the following acts that govern the mass media.., The Press and Registration Of Books Act,1867 ; The Registration Of Newspapers (central) Rules,1956 ; The Press And Registration Appellate Board(Practice And Procedure) Order,1961 ; The Delivery of Books And Newspapers (Public Libraries) Act,1954 ; Indian Post Office Act,1898 ; The Indian Telegraph Act,1885 ; Newspaper (Incitement To Offences) Act,1908 ; Police(Incitement To Disaffection) Act,1922 ; Official Secrets Act,1923 ; Children Act,1960 ; Hindu Marriage Act,1995 ; Atomic Energy act,1962 ; Civil Defence act,1968 ; Code Of criminal Procedure,1973 ; Criminal Law Ammendemnet Act,1961 ; The Punjab Special Powers(Press) Act,1956 ; The State Emblem Of India(Prohibition Of Improper Use) Act,2005 ; The State Emblem Of India(Regulation Of Use) Rules,2007 ; The Emblems And Names (Prevention Of Improper Use) Act,1950 ; The Emblems And Names (Prevention Of Improper Use) Rules, 1982 ; The Competition Act,2002
ADVERTISEMENT- IS IT INCLUDED IN FREEDOM OF SPEECH AND EXPRESSION??
Commercial advertisements are not included in Art. 19(1)(a) of the Constitution. Advertisement is a notice given in a manner designed to attract public attention communicated by announcement in a journal, newspaper etc to the public, or to an individual concerned. The meaning if the word ‘advertisement’ is not however confined to notices printed in the newspaper. In HAMDARD DWARAKANA V. UNION OF INDIA, [AIR 1950 SC 554], it has been observed that an advertisement is a form of speech but its true character is reflected by the object of the promotion of which it is employed. It assumes the attributes and the elements of the activities under article 19(1)(a) which it seeks aid by bringing it to the notice of the public. When it takes the form of a commercial advertisement it no longer falls within the concept of freedom of the speech.
The legislative enactments that regulate advertisements are.; The Prize Competition act,1955 ; Prize Chits and Money Circulation Schemes(Banning) Act,1978 ; Drugs And Magic Remedies(objectionable advertisements)Act,1954 and Rules,1955 ; The Indecent representation Of Women(prohibition) act,1986 ; The Young Persons (Harmful Publications) Act,1956
CONCLUSION
On the whole in spite of all the demerits this mass media acts as a Public Watch Dog and played a vital role in the success of the democracy as it have played a leading role in shaping, guiding and reflecting the public opinion. They help the state to move towards its Ideal state. The empowerment of media in legal and social jurisdiction is essential in today’s corrupt society. It is even advisable to media that instead of sensationalizing the family issues let the media take initiative to overall development of society and work in that direction! Isn’t it!