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LANGUAGE AND PRINCIPLES OF ONLINE NEWS WRITING

Dec 19, 2024

LANGUAGE AND PRINCIPLES OF ONLINE NEWS WRITING


1. INTRODUCTION

2. LANGUAGE AND PRINCIPLES

3. THE ROLE AND IMPACT OF CLICKBAIT IN ONLINE MEDIA

4. WRITING NEWS ONLINE : SCRIPT AND FORMAT

5. ETHICS TO BE FOLLOWED BY A JOURNALIST WHEN WRITING FOR AN ONLINE PLATFORM


6. ONLINE WRITING IN TODAY’S TIME: THE EVOLVING WORLD OF ONLINE WRITING

7. ROLE OF AI AND AUTOMATION IN ONLINE WRITING 

INTRODUCTION 


As Digital Media proliferates, it has transformed our approach to access news and information in the twenty-first century. As more and more people are now equipped with internet-enabled smart phones,

digital devices have become the primary source for all our communication needs.

According to Reuters Institute India Digital News Report 2019, around 68%  of the respondents surveyed cited smartphones as the primary source for accessing online news. The increasing use of mobile phones has led to a considerable change in the media ecosystem. As a result, the demand for ONLINE MEDIA content writers has assumed greater significance on digital platforms. Also,

The change in media technologies has given birth to new terminologies in the digital space. For example, the editorial team whose major responsibilities are collecting news and editing it are now called ‘content generators’. Likewise,

reporters and sub-editors in the online media have been transformed to ‘content writers’ and at senior positions as ‘content manager’. This is largely because news and editorials are now seen more as a marketable product on the digital space.

As digital space proliferates, it needs more and more content, to feed the ever-expanding medium. You would have known from your experience that writing for online media is increasingly becoming a very specialised skill with its own sets of rules, regulations and guidelines. Unlike newspapers, magazines, radio and TV news channels, which cater to a targeted audience and whose access

is monetarily controlled, online media is free, open and globally accessible to a wider audience. So, it becomes vitally important that online media writers are versatile, creative and innovative in writing. The role of digital content writer does not remain confined to mere writing and editing but calls for other technical expertise, which you will be learning in this Unit. Moreover, with the arrival of multimedia and digital convergence which combines the features of all the existing media, the writer needs to be multitasking various roles while manning

the news desk of the media house.


Online Media is a technological leap from the earlier media. Every medium, over the course of time, evolved its own writing style to suit that particular medium. Whether it is newspaper, magazines, radio or TV news channels, each

has its own style, rules, regulations and guidelines of writing. But all have adhered to the basic tenets of news writing. The difference, however, is in the types of language, words, length of the news and its presentation.


LANGUAGE AND PRINCIPLES


Writing for online news media demands a blend of clarity, brevity, and engagement to ensure readers are drawn in while providing accurate and timely information. The following principles are key to effective online journalism:


1. Headline Writing

  Headlines are crucial in the digital space where content competes for attention. A good headline should be clear, concise, and compelling, drawing the reader's attention while summarising the core of the article. To maximise engagement, headlines often use curiosity, numbers, or questions (e.g., "5 Things You Didn't Know About..."). It's also essential that headlines accurately reflect the content to maintain trustworthiness .


2. Audience-Centric Approach  

Writers should always consider their audience's needs, interests, and preferences. The language and style of writing should match the audience, whether it’s formal or more conversational. Online readers tend to prefer straightforward, digestible information, so a journalistic tone that’s both accessible and authoritative is important .


3. Search Engine Optimization (SEO)

 SEO is vital for improving the visibility of articles in search engines. Journalists should use relevant keywords naturally throughout the text, ensuring articles are structured to rank well on search platforms. Effective use of SEO increases the chances of an article being found by a broader audience. Articles on major events like elections or festivals often include keywords such as "election results," "festival dates," or "latest updates," ensuring they appear in search results for users looking for information on these topics.


4. Concise Writing

In the digital age, attention spans are short, and online readers often skim content. It’s important to get to the point quickly and avoid long-winded paragraphs. Use of bullet points, subheadings, and short paragraphs can help improve readability, especially when the content needs to be scannable on mobile devices.


5. Fact-Checking and Credibility  

 Accuracy is paramount in online news. Misinformation can spread quickly, so it's essential to verify facts before publication. Providing verifiable sources strengthens the article's credibility and protects the reputation of the media outlet. Readers value reliable news, and the online community holds publishers accountable for inaccuracies.


6. Mobile Optimization

 With the rise of mobile browsing, it is critical for online articles to be optimised for mobile devices. This includes ensuring the layout is responsive, the text is legible on smaller screens, and the page loads quickly. Optimised mobile content ensures readers can access and consume news on-the-go.


THE ROLE OF CLICKBAIT IN ONLINE NEWS MEDIA


Clickbait is a common strategy used by online news outlets to attract readers, but it has its pros and cons. The following points explain how clickbait tactics are applied in news media:


1. Sensational Headlines

 Clickbait headlines often use exaggerated or sensational language to grab attention. Words like "shocking," "unbelievable," or "exclusive" are designed to create a sense of urgency or curiosity. These headlines promise to reveal something extraordinary but may not always deliver on those promises, leading to frustration among readers.


2. Curiosity Gaps 

 A common clickbait strategy is the curiosity gap, where the headline offers just enough information to intrigue the reader but leaves out key details. The reader is then compelled to click to fill in the gap and satisfy their curiosity. For example, "You won't believe what happens next!" encourages readers to click to find out more.

 


3. Exaggerated Claim

Often, clickbait headlines make exaggerated or unsubstantiated claims that are designed to entice readers. Phrases like "This Will Change Your Life Forever" or "The Secret They Don’t Want You to Know" are used to promise something extraordinary, even if the actual content doesn't live up to the headline.


4. Emotional Manipulation

 Clickbait often exploits strong emotions like fear, excitement, or anger. Headlines that promise something shocking or controversial play on these emotions to spur readers into clicking. For example, titles like "This new discovery could change everything" or "The truth behind this viral video will shock you" are designed to make the reader feel they cannot miss out on the story .


5. Polls, Quizzes, and Interactive Content  

 Some outlets use interactive elements like quizzes or polls as part of their clickbait strategy. These elements increase user engagement and often encourage further clicks, driving up website traffic.


IMPACT OF CLICKBAIT IN ONLINE NEWS


While clickbait can boost traffic in the short term, it has several negative consequences for news organisations:


1. Overuse of clickbait can lead to diminished trust in a media outlet. If the headline promises something that the article does not deliver, readers may feel misled and stop visiting that site in the future. This leads to a loss of loyal readership and can damage the publication's long-term reputation.


2. Audience Disengagement

 When clickbait becomes too obvious or overused, it can frustrate readers. Articles that don’t meet the expectations set by their headlines can result in readers clicking away, which diminishes engagement. This makes it harder for news outlets to retain an audience.


3.Reduced Journalistic Integrity

 Constant reliance on clickbait can undermine the overall quality of journalism. Focusing more on attracting clicks than on producing high-quality, substantive content risks turning journalism into a sensationalised spectacle rather than a medium for informed public discourse.


While it is an effective tool for driving short-term traffic, overusing clickbait can have lasting negative effects on the reputation and trustworthiness of news outlets in the long run. Media outlets must balance the need for engagement with a commitment to journalistic integrity.


WRITING NEWS ONLINE: FORMAT AND SCRIPT


Just as print and TV reporters interview differently because they are looking for different things, so must online journalists tailor their interviewing and information gathering specifically to their needs.Writing online news involves following a structured format to make content engaging, accessible, and relevant. For Indian media, where audiences are diverse, catering to different interests—ranging from politics to entertainment—is crucial.


Understanding Your Audience

Online readers in India come from varied demographics, including urban professionals, rural communities, and younger, digitally-savvy individuals. To engage them effectively, it is important to use language that is simple and relatable. For instance, a report on agricultural reforms may highlight direct impacts on farmers, while a story about a cricket victory appeals to sports enthusiasts. Understanding what readers value ensures better engagement and resonance.

Format of an Online News Article

Headline

Create headlines that are clear, concise, and attention-grabbing. For instance, rather than a generic headline like “Rain in Mumbai,” Indian media often uses descriptive ones like “Mumbai Faces Flood-Like Situation After Record-Breaking Rainfall.”

Lead Paragraph

The lead paragraph should answer the basic questions of the news story: Who, What, When, Where, Why, and How (5W’s and 1H). For example: "Heavy rainfall in Delhi over the last 24 hours has led to waterlogging in major areas, halting train services and causing severe traffic congestion."

This provides the most important information upfront, keeping the reader informed quickly.

Body of the Article

The body should expand on the story using the following structure:

Key Details First: Focus on the most critical aspects of the news, such as immediate impacts. For example, during a train derailment in a metro city, mention the number of casualties and rescue efforts first.

Background Information: Add context or related events to give readers a broader understanding. For instance, while reporting on monsoon-related flooding, you might mention similar incidents in past years to highlight recurring issues.

Human Interest: Incorporate personal stories or eyewitness accounts to make the article relatable. For example, during a festival like Durga Puja, featuring quotes from artisans brings a human touch to the coverage.

Multimedia Elements

Look for stories that lend themselves to the Web — stories that you can tell differently from or better than in any other medium. Include relevant images, videos, or infographics. For example, maps showing cyclone-affected areas or charts illustrating changes in the economy make complex information easier to digest.

Conclusion

Summarise the key points and provide a way forward. For example: "Authorities have urged citizens to avoid unnecessary travel and keep emergency contact numbers handy as the city braces for more rain."

Call-to-Action

Encourage readers to actively engage with the article by including prompts such as sharing it on social media, leaving comments, or subscribing for updates. For instance, at the end of a report on a new government initiative, you could include, "Share this story to inform others about the latest policy changes or comment below with your thoughts." Additionally, inviting readers to follow related links or explore in-depth coverage enhances interaction and keeps them engaged with your platform.


ETHICS TO BE FOLLOWED BY A JOURNALIST WHEN WRITING FOR AN ONLINE PLATFORM


1.Accuracy and Truthfulness of Facts

Verification of all facts and figures: It is essential to confirm every detail by consulting multiple credible sources. Accuracy builds trust and prevents the spread of misinformation or distorted facts.

Objectivity of all facts and figures: Topics must be approached with an open mind and avoidance of personal opinions or biases that influence your reporting should be practised. The goal is to present information that reflects the truth.

Transparency: Errors can occur, but it’s crucial to own up to them. If you discover an inaccuracy, act quickly to correct it and ensure your audience is aware of the correction. Transparency builds trust.

2.Fairness and Impartiality

Represent all viewpoints: Every story has multiple sides. Ensure your reporting gives voice to all relevant perspectives, especially those that might otherwise go unheard. Fairness strengthens your integrity.

Be vigilant about conflicts of interest: If you have any personal or professional connection to a story, disclose it openly. This honesty helps preserve your impartiality and prevents misunderstandings.

Respect the privacy of others: Protecting individuals’ personal information is vital. Whether it’s a source, interviewee, or public figure, consider their privacy rights before sharing sensitive details.

3.Source Reliability

Vet your sources carefully: Not all sources are created equal. Before relying on a piece of information, assess the source’s credibility, expertise, and track record for accuracy.

Be transparent about your sources: Clearly identify where your information comes from so your audience can assess its reliability. When sources cannot be revealed, explain why anonymity is necessary.

Use anonymous sources sparingly: Only rely on unnamed sources when absolutely necessary—for example, to protect whistleblowers or ensure safety—and verify their information thoroughly.

4. Ethical Use of Technology

Honour intellectual property rights: Always seek permission to use copyrighted material, whether it’s images, text, or multimedia. Failing to do so undermines the creators’ rights.

Give credit where it’s due: Acknowledge original authors, researchers, or creators to avoid plagiarism and foster a culture of ethical journalism.

Protect online privacy: Be mindful of how you handle data and digital content, ensuring you don’t expose sensitive information about others—or yourself—inappropriately.

5.Social Responsibility

Use your platform for good: Journalism has the power to spotlight social issues and inspire change. Report stories that matter and amplify voices advocating for justice and equality.

Steer clear of sensationalism: Avoid exaggerating or distorting facts just to grab attention. Focus on presenting stories in a way that’s engaging but responsible.

Consider the ripple effects of your words: Words have the power to inform, inspire, or harm. Think carefully about how your reporting might affect individuals, communities, or society as a whole.


ONLINE WRITING IN TODAY’S TIME: THE EVOLVING WORLD OF ONLINE WRITING


Online writing has become an essential part of modern communication, bridging creativity and strategy across platforms such as blogs, social media, e-books, and news websites. It’s no longer confined to professional writers—anyone with a story to tell or expertise to share can make their mark in the digital space.

The types of content online are as diverse as the audiences they serve. Long-form blogs and articles remain popular but must be designed for easy reading, with subheadings, visuals, and concise sections. Meanwhile, short-form content like social media posts and tweets dominate platforms like Twitter, Instagram, and TikTok, demanding a punchy and engaging style. Video scripts are now a significant form of online writing, tailored to the fast-paced, visual nature of platforms like YouTube and TikTok. E-books and whitepapers, on the other hand, cater to readers seeking in-depth information, often used by professionals to establish authority or generate leads.

Search Engine Optimization (SEO) has transformed online writing, requiring content to be both engaging and discoverable. Strategic use of keywords, compelling titles, and meta descriptions ensures that writing reaches its intended audience. Writers must also keep an eye on engagement metrics like page views, bounce rates, and shares to assess their success.

The integration of multimedia—images, videos, and interactive elements like quizzes—has redefined how audiences engage with content. Online writing is no longer just about words but about creating an immersive experience. Writers also need a strong audience focus, tailoring content to resonate with specific demographics while leveraging data-driven insights for personalization.

With the rise of AI tools, online writing has become more efficient but faces new challenges in maintaining originality and authenticity. While AI can assist with brainstorming, editing, and repetitive tasks, writers must ensure their unique voice shines through.

Ethical considerations are more important than ever in the digital age. Writers must fact-check, cite sources, and ensure transparency in sponsored content while embracing inclusivity and respect in their language.

Freelancing and monetization opportunities have also expanded, with writers earning through platforms like Substack, Patreon, and Medium or exploring revenue streams such as ads, subscriptions, and affiliate marketing.

In this dynamic landscape, online writing demands creativity, adaptability, and a strategic mindset. It continues to evolve, shaping how we connect, communicate, and share stories in the digital age.


ROLE OF AI AND AUTOMATION IN ONLINE WRITING 


Artificial Intelligence (AI) is used in day-to-day life. The autocorrect feature when typing something on your smartphone or while composing an email, and the recommendations you get when visiting shopping portals, is nothing but the use of AI-powered algorithms to eliminate manual tasks and save valuable time. AI for journalism is a reality. Just like other key aspects in our life, AI has entered the world of journalism as well. Many news organisations have adopted AI in writing to perform various tasks in the newsrooms.


This transition began with simple algorithms designed to automate routine news stories, like financial summaries or sports results. However, AI’s role has dramatically expanded, now encompassing data analysis, content personalization, investigative journalism assistance, and even shaping editorial decisions (Bahroun et al., 2023) . The emergence of AI in journalism reflects a broader trend of digital transformation, reshaping how news is gathered, reported, and consumed. Its growing significance is a testament to technological advancement and an indicator of the changing needs and dynamics of news consumption in the digital age (Gollmitzer, 2023) .


In today’s digital world, several technologies are powering writing. One such technology that is transforming the journalism field is artificial intelligence. Research points out that the use of AI in writing can help automate an editor’s job by 9%, and a reporter’s job by 15%.


AI-powered algorithms are capable of generating news articles, reports, and even short videos with minimal human intervention. These algorithms analyse vast amounts of data, extract relevant information, and create coherent narratives. Automated content creation not only saves time but also enables news organisations to cover a wide range of topics and deliver news in real-time. However, concerns regarding accuracy, bias, and the lack of human judgement remain.


57%

of companies based in emerging economies reported AI adoption in 2021

(McKinsey, 2021)


67%

of media leaders in 53 countries say they use AI for story selection or recommendations to some extent

(Reuters Institute for the Study of Journalism, 2023)



Positives


1. Speed and Efficiency:

Automation enables faster content production, especially for routine stories like stock market updates or sports scores.


2. Personalization:

AI tailors content to individual preferences, improving user experience and engagement.


3. Enhanced Fact-Checking:

Tools like AI fact-checkers help verify information quickly, reducing misinformation.


4. Data Analysis:

AI processes large datasets for writers to uncover trends and craft compelling data-driven stories.


5. Resource Optimization:

Automation handles repetitive tasks, allowing writers to focus on creativity and investigative reporting.



Negatives


1. Job Losses:

Automation could replace roles like copy editors, sub-editors, or routine reporters, raising employment concerns.


2. Bias in AI:

Algorithms may perpetuate biases in their training data, leading to skewed reporting.


3. Over-Reliance:

Heavy reliance on AI tools may reduce critical thinking and investigative rigour among writers.


4. Ethical Concerns:

Automated content generation might sacrifice depth, nuance, or the human touch in storytelling.


5. Misinformation Risk:

AI can be exploited to create deep fakes or fake news, challenging the credibility of writing.



Balancing these positives and negatives is crucial to ensure that AI aids writing without undermining its core values of truth and accountability.

 




ETHICS IN SOCIAL MEDIA

S. No. Title

1 Introduction

2 How Social Media Has Helped The Masses

3 Why Are Ethics Necessary For Social Media?

4 Ethics For Wrong Reporting

5 Challenges To Social Media Ethics

6 Privacy and Social Media

7 Fake News

Cyber Security 

Recent Government Guidelines on Social Media 

Conclusion

Introduction 

Social media is communication through websites and other online platforms (e.g., Facebook, Twitter, Instagram, and LinkedIn) that are used by large groups of people to share information, develop social and professional contacts, and promote business. 

The fast moving era also influenced technological growth. Nowadays almost everyone can share information and communicate directly by using social media through the internet which saves more time and cost. 

Indeed, users have freedom in using social media to communicate with anyone. What is ignored here is the ethics in using it. It would be much better if users know what ethics should be noticed when using social networking.

How Social Media Has Helped The Masses 

Today, social media has become a major part of numerous lives through countless websites and apps, and people have been able to connect with others and share their thoughts, emotions, experiences, etc. It’s been able to provide a source of entertainment and shopping, and many businesses have even found it useful for promotion and marketing. At this point, social media has had such a huge impact on society that it seems like people couldn’t live without it. 

1. Across industries, social media is going from a “nice to have” to an essential component of any business strategy 

It’s a trend that is already spreading to businesses, whether it be because of digital marketing or new customer service communication channels. O 

2. Social media platforms may be the banks of the future Imagine being able to pay your rent or make an investment through your favourite social network. Social media is transforming banking relationships in very significant ways, from improving customer service to allowing users to send money to others via online platforms. New financial technology companies are using social media to help people simply open a bank account. Social media can even impact your ability to get a loan. 

3. Social media is shaking up healthcare and public health The health industry is already using social media to change how it works, whether through public health campaigns or virtual doctor’s visits on Skype. It’s also helped groups of people, such as patients suffering from the same condition 

4. Social media is changing how we govern and are governed Civic participation and engagement has been transformed with social media. Social media allows citizens to be the source of ideas, plans and initiatives in an easier way than ever before. In the future, we can expect more and more leaders to embrace this type of transparent governance, as it becomes easier for them to interact with their constituents. Whereas politicians and government officials once had to travel to interact with citizens, now online town halls strengthen the connections between them, while providing a platform for direct input on government initiatives. 

5. Social media is helping us better respond to disasters 

From Facebook’s Safety Check – which allows users in disaster zones to mark themselves as safe – to the rise of the CrisisMappers Network, we’ve seen many

examples of how social media and digital communications more broadly are helping respond to disasters. 

6. Social media is helping us tackle some of the world’s biggest challenges, from human rights violations to climate change Content shared on social media has increasing potential to be used as evidence of wartime atrocities and human rights violations. 

This capacity for social media to bring together disparate but like-minded people is also helping fight another enormous challenge: climate change. Social media has become an important tool for providing a space and means for the public to participate in influencing or disallowing environmental decisions historically made by governments and corporations that affect us all. It has created a way for people to connect local environmental challenges and solutions to larger-scale narratives that will affect us as a global community. 

7. Business impact 

Businesses across the globe can now amplify their brand message to a wider audience than they could ever dream of doing before achieving success that they could only wish for. In the old days, the mass media ruled. A company had to pony up thousands or even millions of dollars to be heard in most cases. Very large companies with deep pockets ruled the roost. Only those businesses could afford to have wider reach. 

Small companies are curving out a market for themselves amongst the 2. 4 billion people are estimated to be connected on social media quite easily. Compared to television advertisements and other expensive forms of marketing, social media presence is a cheap and effective means to enhance brand image and popularity. 

8. Social Impact 

● In terms of social circles, social media has broken down barriers when it comes to communicating and we are spoilt for choice when it comes to ways of getting in contact with someone. 

● Social media has also made it easier for us to express ourselves. Whether that is through Facebook, Instagram pictures, YouTube videos, Medium articles. Normal people now have the capacity to make their opinion known on a massive scale. Within a few minutes, thousands could know about your opinion. 

● Social media has also made it easier for us to track people down. There are seemingly endless sources we can search to access the information we need to find the people we have to find.

● Social networks offer the opportunity for people to reconnect with their old friends and acquaintances, make new friends, trade ideas, share content and pictures, and many other activities. 

No doubt that social media is changing and will continue to change our society. This change is permanent because the upcoming generation won’t even know a world where social media does not exist. This has its advantages and disadvantages, but like everything else, it’s up to the user to decide whether social media can enhance their lives or not and this all depends on how they decide to use it. 

Why Are Ethics Necessary For Social Media? 

Social media has become an integral part of our lives. It has given us a platform to share necessary information with just a single click. Through social media, we are having access to the tiniest bit of information of every nook and corner of the world. As information we share through social media can be interpreted differently by different people. Therefore, it is necessary to consider the sensitivity of an issue that we talk about on social media and sentiments of people attached to it. 

Social media provides us a platform to speak our minds and express our opinions but it can take an extreme turn if one does not handle the flow of information rationally. To reduce such chances of social media abuse, ethical code of conduct is necessary to guide social media users that what information requires the attention and how it’d be helpful to people. Social media provide a freedom to communicate with anyone we want but sometimes what we ignore is the ethical ways to do it and lack of awareness about those ethics can prompt social problems. 

Some of the ethics that one must keep in mind while accessing social media platforms are 

1. Polite communication: there have been many cases when people use abusive words and address people harshly, both intentionally and unintentionally. A polite communication and proper use of words will set off good communication, which is very necessary to build a good rapport and earn respect from the people whom we are connected through social media. 

2. News validity: nowadays people easily get influenced by hoax news and it leads to greater social issues. Therefore, it is very necessary to check the validity of news before sharing it on social media.

3. Avoid using too much personal information: it is important to be clear about not sharing your personal life on social media excessively as it can be used to harm you. Therefore, one must not share his/her personal info like contact number, mail id or home address on social media. We must be wise about laying some boundaries between our social life and personal life. 

4. Mention the source: while sharing any video, picture or writing, one must mention its source and always avoid copy pasting the content. it’ll show that you appreciate the work done by other people and stay truthful about the info you share. 

5. Avoid conflict triggering information: one must decide wisely to share triggering images of any violent issue or accident images. There must be a warning mentioned for the viewers if they want to see it or not as they can generate heated debates, violence and wrong ideas. Also, we must be sensitive about spreading any information related to race and religion. 

Ethics For Wrong Reporting 

In light of fake news and spread of misinformation, wrong reporting and unethical reportage of news events. Journalism is an ethical profession that includes the reporting of events in a true and crisp manner. Here are 6 Ethics for Journalism and reporting:- 

1. Truth and Accuracy 

Journalists cannot always guarantee ‘truth’, but getting the facts right is the cardinal principle of journalism. We should always strive for accuracy, give all the relevant facts we have and ensure that they have been checked. When we cannot corroborate information we should say so. 

2. Independence 

Journalists must be independent voices; we should not act, formally or informally, on behalf of special interests whether political, corporate or cultural. We should declare to our editors – or the audience – any of our political affiliations, financial arrangements or other personal information that might constitute a conflict of interest. 

3. Fairness and Impartiality 

Most stories have at least two sides. While there is no obligation to present every side in every piece, stories should be balanced and add context. Objectivity is not always possible, and may not always be desirable (in the face for example of brutality or inhumanity), but impartial reporting builds trust and confidence.

Perhaps ethical reporting can be achieved through fairness and impartial reportage of events by the reporters. 

4. Humanity 

Journalists should do no harm. What they publish or broadcast may be hurtful, but they should be aware of the impact of their words and images on the lives of others. In addition, they should report events in a humane manner and refrain from reporting information in an insensitive manner. 

5. Accountability 

A sure sign of professionalism and responsible journalism is the ability to hold ourselves accountable. When we commit errors we must correct them and our expressions of regret must be sincere not cynical. We listen to the concerns of our audience. We may not change what readers write or say but we will always provide remedies when we are unfair. 

6. Proper attribution 

Journalists must never plagiarise. If they use information from another media outlet or journalist, they need to attribute it to them. Moreover, they must quote the source of their information in order to be clear and concise while reporting news. 

Challenges To Social Media Ethics 

No doubt, social media has several benefits and allows us to connect with people all over the world with similar interests. but as everything has its pros and cons, so does the use of social media. Along with the benefits, it comes with its own challenges. Some of them are 

1. OVERSHARING- sometimes people overshare about their personal life. They tend to put everything on social media like where they are having dinner, what activity they are doing, what places they are visiting, etc. it seems normal to share this information but it pin-points the location of the user which can be easily traced and puts them in danger. Oversharing can also lead to damage to a person's reputation especially if the intent is to leverage the platform for business. Photos of drunken behaviour, drug use, partying or other inappropriate content can change the perception of people about you. 

2. AUTHENTICITY- another challenge that social media users face is lack of authenticity of content which can be very problematic. Sharing of unauthentic content

can unknowingly make people get involved in activities that might defame someone’s reputation. 

3. IMPACT ON PERSONAL DEVELOPMENT- today young age group people, mainly students are very active in sharing content on social media. They are the most active users of the platforms. Apart from spending long hours on social media, it can impact on their personal growth. Rather than being productive and doing activities that can lead them one step closer to their future goals, they spend hours and hours sitting and scrolling down on their Instagram. 

Privacy and Social Media 

Social media and the information/digital era have “redefined'' privacy. In today’s Information Technology—configured societies, where there is continuous monitoring, privacy has taken on a new meaning. 

● Personal computers and devices such as our smartphones enabled with Global Positioning System (GPS), Geo locations and Geo maps connected to these devices make privacy as we know it, a thing of the past. It is almost impossible to say privacy exists in this digital world. 

● The open nature of the social networking sites and the avenues they provide for sharing information in a “public or semi-public” space create privacy concerns by their very construct. Information that is inappropriate for some audiences are many times inadvertently made visible to groups other than those intended and can sometimes result in future negative outcomes. 

● Technology has reduced the gap between professional and personal spaces and often results in information exposure to the wrong audience. The reduction in the separation of professional and personal spaces can affect image management especially in a professional setting resulting in the erosion of traditional professional image and impression management. 

● Privacy in SNSs is “multifaceted.” Users of these platforms are responsible for protecting their information from third-party data collection and managing their personal profiles. However, participants are usually more willing to give personal and more private information in SNSs than anywhere else on the Internet. This can be attributed to the feeling of community, comfort and family that these media provide for the most part.

Potential Dangers 

1. Identity theft - Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. 

2. Preteens and early teenagers - Among all other age groups, in general, the most vulnerable victims of private-information-sharing behavior are preteens and early teenagers. 

3. Stalking - With the amount of information that users post about themselves online, it is easy for users to become a victim of stalking without even being aware of the risk. 

4. Unintentional fame - Unintentional fame can harm a person's character, reputation, relationships, chance of employment, and privacy- ultimately infringing upon a person's right to the pursuit of happiness. 

5. Online victimization - Social networks are designed for individuals to socially interact with other people over the Internet. However, some individuals engage in undesirable online social behaviors, which negatively impacts other people's online experiences. 

6. Surveillance - Every online move leaves cyber footprints that are rapidly becoming fodder for research without people ever realizing it. Social media sites are collecting data from us just by searching something such as "favorite restaurant" on our search engine. 

7. Law enforcement prowling the networks - Government use of social media monitoring software can be used to geographically track us as we communicate. It can chart out our relationships, networks, and associations. It can monitor protests, identify the leaders of political and social movements, and measure our influence. 

8. Mob rule - The idea of the 'mob rule' can be described as a situation in which control is held by those outside the conventional or lawful realm. 

9. Location updates - Foursquare, Facebook, Loopt are applications which allow users to check- in and these capabilities allow a user to share their current location information to their connection. the disclosure of location information within these networks can cause privacy concerns among mobile users. 

10. Invasive privacy agreements - Another privacy issue with social networks is the privacy agreement. The privacy agreement states that the social network owns all of the content that users upload. This includes pictures, videos, and 

messages are all stored in the social networks database even if the user decides to terminate his or her account. 

Today social networks are becoming the platform of choice for hackers and other perpetrators of antisocial behavior. In many cases users unintentionally disclose

information that can be both dangerous and inappropriate. Protecting privacy in today’s networked society can be a great challenge. The digital revolution has indeed distorted our views of privacy, however, there should be clear distinctions between what should be seen by the general public and what should be limited to a selected group. 

Fake News 

The glut of information has generated intense competition for people's attention. Stories and opinions can gain exposure with unprecedented speed, giving individuals around the globe continuous access to a near-real-time conversation about both important and trivial matters. As Nobel Prize–winning economist and psychologist Herbert A. Simon noted, “What information consumes is rather obvious: it consumes the attention of its recipients.” One of the first consequences of the so-called attention economy is the loss of high-quality information. Information overload has led to an overflow of content that is generally too much for the masses to consume. They rather go through the top stories and news and prefer to share/ retweet them. While academic research on the dark aspects of social media use, which includes information overload, social media fatigue, fear of missing out and coping strategies, has intensified the perceptions and behaviours underlying the sharing of fake news are not clear. With the increasing popularity of a wide variety of internet-enabled devices and advanced mobile internet speeds, more and more people are getting involved with social media. 

Often referred to as “fake news” in modern times, the term “misinformation” is defined as false or inaccurate information that may be distributed with the intent to deceive those who read it. 

Information or opinions that you disagree with may not necessarily constitute misinformation. While the term “fake news” is often used as a pejorative in journalism today. 

Misinformation On SMPs 

1. Clickbait 

Clickbait is sensationalized content or headlines designed to attract attention by appealing to readers’ emotions (often anger) or curiosity. It is usually light on facts or any other meaningful information. Clickbait can spread fake news. Incensed readers may share this poorly researched and poorly written content with their social circles, directing bad information to more and more eyes. 

2. Misleading Headlines

Misleading headlines can be used to generate interest by appealing to our emotions and curiosity. Even if the article itself is well-written and based on fact, the content can give a false impression if the headline is misleading. For this reason, such headlines may be called “clickbait,” even if they don’t fit the definition of that term as outlined above. Unfortunately, research indicates that most social media users share articles based on the headline without actually having read the article. If the headline doesn’t accurately reflect the truth, it may have the same effect as stories that are complete fabrications. 

3. Unreliable news 

Unreliable news sources tend to focus more on opinion-based than fact-based reporting, and they generally lack strong fact-checking. They often demonstrate clear biases and present skewed information, failing to present balanced perspectives on topics they discuss. 

The Honeycomb Framework 

The honeycomb is a popular framework that sheds light on the possible reasons for sharing of information on social media platforms (SMP). Developed by Kietzmann et al. (2011), the framework covers seven social media building blocks: identity, conversations, sharing, presence, relationships, reputation and groups. Scholars have used the honeycomb framework to study social media adoption (Ngai et al., 2015), online recovery strategies (Azemi et al., 2019), etc. Highlighting the shortage of frameworks and theories to analyse social media strategies, Effing and Spil (2016) suggested that the framework serves as a reasonable basis for examining the various functions of social media. Given that the framework explores the reasons for exchange of information on SMPs, it is ideal for the current study's focus on the dissemination process of fake news. In this study, we use it to better understand the emergent themes that represent the manifestations of fake-news sharing behaviour. 

Cyber Security 

The rise and evolution of social media has changed the definition of communication and social interaction. We have seen how different social media platforms like Facebook and twitter have brought a revolutionary change to the way we used to use the Internet for both personal and professional purposes. There is no doubt or space to deny the effective impact of these social media platforms on our regular life, professional life, and even on our business. Every good thing has some drawbacks and loopholes, and it is advised to be aware about those loopholes before getting trapped inside of those loopholes. Online or cyber security is one such issue which is directly involved with the uses and impacts of social media networks. As the growth of social networking sites has

brought various benefits it also has brought various security concerns. It also provides a vulnerable platform to be exploited by the attackers. Some issues associated are as follows. 

● Misusing Identity: The attacker impersonates the identity of any user results in misusing identity. The attackers attack through the applications in which they ask for granting permission for accessing the information provided in Social Networking Sites. 

When a user allows doing so, they will gain access to all the information and that information can be misused without the knowledge of the user. 

● Threats from using 3rd Party Applications: These applications seek permission from the user to access personal information for all the various games and apps. The user grants the app a certain level of permission concerning the user’s information. And some of these applications which are playing at the foreground may download malware on the user’s computer or phone without their consent. 

● Trusting Social Networking Sites Operators: The contents that user uploads or posts on social networking sites, the information is available with the networking operators. The operators can save account data even after deletion. 

● Viruses, Phishing Attacks and Malwares: Viruses and malware often find their way onto your computer through those annoying ads. After gaining access to the network, the attacker can access or steal confidential data by spreading spam mails. 

● Legal Issues: Posting contents that are offensive to any individual or community or country. There are legal risks associated with the use of social networking sites like leaking confidential information on sites or invading someone’s privacy. 

● Tracking Users: It can cause physical security concerns for the user, as the third parties may access the roaming information of the user by collecting the real-time update on the user’s location. 

● Privacy of Data: Users share their information on social networking sites and can cause privacy breaches unless proper security measures are applied. For example, everyone can see the information of a user if the user’s default setting is ‘public’.

Recent Government Guidelines on Social Media 

The Ministry of Electronics and Information Technology (MeITY) has announced its draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for social media platforms, OTT players & digital media with significant recommendations including asking social media companies to give out the originator of a message or tweet as the case may be. Government has recently come up with new guidelines to curb the misuse of social media platforms and to regulate OTT platforms, messaging services and news portals. These rules will be requiring compliance of foreign-tech giants operating in India like Whastapp, Facebook, Twitter, Netflix, Amazon, etc. 

Social media platforms with minimum 50 lakh registered users are classified as significant social media intermediaries and are subject to maximum compliances. However, the Government may require any other social media platform to also comply with rules applicable to significant social media intermediaries if services of such platform create a material risk to the sovereignty or integrity of India. 

New rules and regulations given by Government for Social Media use are 

1. All significant social media intermediaries are required to appoint: ● Chief Compliance Officer who shall be responsible for ensuring 

compliance with the Act and Rules. 

● Nodal Contact Person for 24×7 coordination with law enforcement agencies. 

● Resident Grievance Officer who shall perform the functions mentioned under Grievance Redressal Mechanism. 

Each of the above are required to be Indian residents. 

The Rules also necessitate significant social media intermediaries to have a physical contact address in India. This mandatory physical presence in India will have significant implications for foreign players in terms of setting up infrastructure and deployment of resources and taxation. 

2. Active monitoring of harmful content 

Significant social media intermediaries are now required to endeavour to deploy technology-based measures, including automated tools to identify information that depicts rape, child sexual abuse or conduct, or information that has previously been

removed. The rules also require maintenance of appropriate human oversight, and periodic review of automated tools. 

3. Verification of users 

Significant social media intermediaries are to provide a mechanism for verification of user accounts, like through mobile numbers. Verified users are to be identified by a demonstrable mark such as a tick or dot. Though such verification by users is voluntary, it may still be a setback for user privacy. 

4. Identification of originator of information 

Messaging services (with more than 50 lakh users) will be required to enable identification of the first originator of information if required by a court order or an order of the Government under Section 69 of the IT Act. Such identification of a user brings into question the end-to-end encryption offered by services such as WhatsApp, Telegram, Signal, etc.; and whether identifying a user as the “first originator” of mischievous information accurately is practically possible for a platform. 

With the new rules, India joins nations across the world increasingly looking to regulate social media platforms. Recently, Twitter clashed with the Indian government on content takedown requests. The government had asked the micro-blogging giant to remove some 1,100 accounts and posts for alleged spread of misinformation about the widespread protests by farmers against new agricultural laws. 

5. OTT content platforms, digital media 

The government has called for a grievance redressal system for OTT platforms and digital news media portals as well. The government is also asking OTT platforms and digital news media to self-regulate and wants a mechanism for addressing any grievances. 

While films have a censor board, OTT platforms will require to self-classify their movies and content based on age. The government wants the OTT players to classify films based on 13+, 16+ and those for adults and clarified it is not bringing any kind of censorship to these platforms. There has to be a mechanism of parental lock and ensuring compliance with the same. Platforms like Netflix already have an option for a parental lock. 

Conclusion 

Currently, the use of social media has become a part of human’s life everywhere. It allows the users to get and share information all over the world in a very short time.

Unfortunately, the consequences of social media abuse in spreading information also affect the number of users who enter the legal domain resulting from the information spread on social media that is unethical. 

As an effort to reduce the problem in using social media, ethical conduct is needed to prevent from mutually insulting or accusing others for no apparent reason. As a matter of fact, these matters will lead the users into law for being careless in spreading information on the internet. 

In today’s information age, one’s digital footprint can make or break someone; it can be the deciding factor on whether or not one achieves one’s life-long ambitions. Unethical behavior and interactions on social media can have far reaching implications both professionally and socially. Posting on the Internet means the “end of forgetting,” therefore, responsible use of this medium is critical. 

The unethical use of social media has implications for privacy and can result in security breaches both physically and virtually. The use of social media can also result in the loss of privacy as many users are required to provide information that they would not divulge otherwise. Social media use can reveal information that can result in privacy breaches if not managed properly by users. Therefore, educating users of the risks and dangers of the exposure of sensitive information in this space, and encouraging vigilance in the protection of individual privacy on these platforms is paramount. This could result in the reduction of unethical and irresponsible use of these media and facilitate a more secure social environment. The use of social media should be governed by moral and ethical principles that can be applied universally and result in harmonious relationships regardless of race, culture, religious persuasion and social status. 


Marginalized Section - Children

Media’s presence in children’s lives is totally ubiquitous. Today, Indian children spend almost six hours a day with media. The potentially negative consequences of children’s media consumption receive a lot of attention. Yet media’s unique power and reach can also be used to educate children and enrich their lives. Television, which once dominated children’s media consumption habits, is now joined by computers, video game players, cell phones and other connected devices. The result is that children today are completely immersed in media experiences from a very young age.

Media is everywhere. TV, Internet, computer and video games all vie for our children's attention. Information on this page can help parents understand the impact media has in our children's lives, while offering tips on managing time spent with various media. Today's children are spending an average of seven hours a day on entertainment media, including televisions, computers, phones and other electronic devices. To help kids make wise media choices, parents should monitor their media diet. Parents can make use of established ratings systems for shows, movies and games to avoid inappropriate content, such as violence, explicit sexual content or glorified tobacco and alcohol use.

Studies have shown that excessive media use can lead to attention problems, school difficulties, sleep and eating disorders, and obesity. In addition, the Internet and cell phones can provide platforms for illicit and risky behaviors.

By limiting screen time and offering educational media and non-electronic formats such as books, newspapers and board games, and watching television with their children, parents can help guide their children's media experience. Putting questionable content into context and teaching kids about advertising contributes to their media literacy.

Television and other entertainment media should be avoided for infants and children under age 2. A child's brain develops rapidly during these first years, and young children learn best by interacting with people, not screens.

Over the past 30 years there has been extensive research on the relationship between televised violence and violent behavior among youth. Longitudinal, cross-sectional, and experimental studies have all confirmed this correlation. Televised violence and the presence of television in American households have increased steadily over the years. In 1950, only 10% of American homes had a television. Today 99% of homes have televisions. In fact, more families have televisions than telephones. Over half of all children have a television set in their bedrooms. This gives a greater opportunity for children to view programs without parental supervision. Studies reveal that children watch approximately 28 hours of television a week, more time than they spend in school. The typical American child will view more than 200,000 acts of violence, including more than 16,000 murders before age 18. Television programs display 812 violent acts per hour; children's programming, particularly cartoons, displays up to 20 violent acts hourly.

It's up to parents they can learn more about media's impact by talking with their child's pediatrician and reading about media education. Schools, hospitals, and community groups may hold free workshops on topics such as taking control of kids' TV watching. They can make a difference in the way media impacts on their kids. If they limit, supervise, and share media experiences with children, they have much to gain. When parents help their children understand how their media choices affect them, they actively control their media use rather than giving in to the influence of media without thinking about it.

PROHIBITION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE BILL, 2007

The introductory text of the Act is:

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.


WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment;


AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;


AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.

Major Features

The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.

The definition of "aggrieved woman", who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organized or unorganized sectors, public or private and covers clients, customers and domestic workers as well.

While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organizations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.[16]

The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.

Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.

The Complaints Committees have the powers of civil courts for gathering evidence.

The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.

The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs 5000 on the person who has breached confidentiality.

The Act requires employers to conduct education and sensitization programmes and develop policies against sexual harassment, among other obligations.

Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to   50,000. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business.[17]

Government can order an officer to inspect workplace and records related to sexual harassment in any organization.


Dec 18, 2024

Pornography and Its Negative Affect on Women

Women have long been exploited through pornographic material, such as videos, photos and literature, these materials, more-so now, than ever, portray women purely as sexual objects. The evolution of the business? popularity has done nothing but help fuel a false impression, subjugating women in modern day culture and society, yet still, banning pornography in the US would be nearly impossible, due to complex issues dealing with the first amendment and obscenity laws. With instances of discrimination based on sexual orientation, race or sex being in most cases illegal, the practice of pornography should most definitely not be acceptable or perpetuated, especially in a country like the US where this said industry defies everything of which our country is founded upon. This rise [in popularity] looks as if it is related, almost in a hand by hand parallel, with growth of sexual violence against women in America.

A real life example of the link between the onset of pornography in American culture and sexual crimes includes a survey done in 1978, in which 44% of the nine hundred and thirty women interviewed had fallen victim to rape or attempted rape at some point during their lives. Even though there have been numerous attempts to help sideline the ever growing popularity of domestic and sexual violence targeted at women, figures state that no change has been made for the better, in fact the opposite seems to be taking effect, with a recent study showing that during a survey of one hundred abused wives revealing that fifteen percent of these women reported that their abusive spouses ?seemed to experience sexual arousal from the violence?since the demand for sexual intercourse immediately followed the assault.?

An organizer of Women Against Pornography argues ?Pornography objectifies women by caricaturing and reducing them to a sum of their sexual parts and functions-devoid of sensibilities and intelligence.? She continues in saying ?Pornography is about power imbalances [and] using sex as a weapon to subjugate, or control, women.? Of the many ideals that pornography can perpetuate, some which rank among the most perverse in nature include the notion of using physical or emotional pain to women is accepted and glorified, women being forced to act or look passive and/or willing to partake in their own victimization and exploitation and that men are entitled to frequent, unconditional use of the female sex whenever they please. Coupled with the discrimination against women that pornography creates, exists a gruesome reality in which violence and physically forced exploitation of women actually occurs with great frequency.

When one acquires knowledge of the direct correlation between sexual violence and pornography, it can be logically asserted that the said relationship exists in a manner in which they feed off from each other in a symbiotic fashion. Numerous studies seem paint a vivid picture of this relationship, which still to this day is fed by the pornographic industry. Sociologist Pauline Bart intelligently noted ?I didn?t start out being against pornography, but if you?re a rape researcher, it becomes clear that there is a direct link. Violent pornography is like an advertisement for rape [and violence]?Men are not born thinking women enjoy rape and torture? They learn it from pornography.

Effect of pornography on Brain

"Because the human brain is the biological anchor of our psychological experience, it is helpful to understand how it operates." says William M. Struthers, associate professor of psychology at Wheaton College. "Knowing how it is wired together and where it is sensitive can help us understand why pornography affects people the way it does." Here are 7 things you should know about pornography affects the brain.

1. Sexually explicit material triggers mirror neurons in the male brain. These neurons, which are involved with the process for how to mimic a behavior, contain a motor system that correlates to the planning out of a behavior.  In the case of pornography, this mirror neuron system triggers the arousal, which leads to sexual tension and a need for an outlet. "The unfortunate reality is that when he acts out (often by masturbating), this leads to hormonal and neurological consequences, which are designed to bind him to the object he is focusing on," says Struthers. "In God's plan, this would be his wife, but for many men it is an image on a screen. Pornography thus enslaves the viewer to an image, hijacking the biological response intended to bond a man to his wife and therefore inevitably loosening that bond."

2. In men, there are five primary chemicals involved in sexual arousal and response. The one that likely plays the most significant role in pornography addiction is dopamine. Dopamine plays a major role in the brain system that is responsible for reward-driven learning. Every type of reward that has been studied increases the level of dopamine transmission in the brain, and a variety of addictive drugs, including stimulants such as cocaine, amphetamine, and methamphetamine, act directly on the dopamine system. Dopamine surges when a person is exposed to novel stimuli, particularly if it is sexual, or when a stimuli is more arousing than anticipated. Because erotic imagery triggers more dopamine than sex with a familiar partner, exposure to pornography leads to "arousal addiction" and teaches the brain to prefer the image and become less satisfied with real-life sexual partners.

3. Why do men seek out a variety of new explicit sexual images rather than being satisfied with the same ones? The reason is attributed to the Coolidge effect, a phenomenon seen in mammalian species whereby males (and to a lesser extent females) exhibit renewed sexual interest if introduced to new receptive sexual partners, even after refusing sex from prior but still available sexual partners. This neurological mechanism is one of the primary reasons for the abundance and addictiveness of Internet pornography.

4. Over stimulation of the reward circuitry — such as occurs with repeated dopamine spikes related to viewing pornography—creates desensitization. As Gary Wilson explains, "When dopamine receptors drop after too much stimulation, the brain doesn't respond as much, and we feel less reward from pleasure. That drives us to search even harder for feelings of satisfaction—for example, by seeking out more extreme sexual stimuli, longer porn sessions, or more frequent porn viewing—thus further numbing the brain.

5. "The psychological, behavioral, and emotional habits that form our sexual character will be based on the decisions we make," says Struthers. "Whenever the sequence of arousal and response is activated, it forms a neurological memory that will influence future processing and response to sexual cues. As this pathway becomes activated and traveled, it becomes a preferred route—a mental journey—that is regularly trod. The consequences of this are far-reaching."

6. What makes Internet porn unique? Wilson identifies a number of reasons, including: (1) Internet porn offers extreme novelty; (2) Unlike food and drugs, there are almost no physical limitations to Internet porn consumption; (3) With Internet porn one can escalate both with more novel "partners" and by viewing new and unusual genres; (4) Unlike drugs and food, Internet porn doesn't eventually activate the brain's natural aversion system; and (5) The age users start watching porn. A teen's brain is at its peak of dopamine production and neuroplasticity, making it highly vulnerable to addiction and rewiring.

7. Men's exposure to sexually explicit material is correlated with social anxiety, depression, low motivation, erectile dysfunction, concentration problems, and negative self-perceptions in terms of physical appearance and sexual functioning.


 

INTELLECTUAL PROPERTY RIGHTS (IPR)

IPR: An Overview

The general assumption about property is that it is something movable or immovable tangible thing, which is most of the time expensive one. However, as it is very much indicative from the word ‘intellectual’, the ‘intellectual property’ can be understood as the property created by mind like some ideas, inventions, literary or artistic creations etc which are intangible most of the time but can be converted into tangible things. We all know that the owners of movable or immovable tangible properties possess legal rights over their property and every country has laws to protect such properties of their citizens from any kind of encroachment or any illegal authority claimed over them. 

However, it is sad to know that till recently the creations of mind, the product of intellect of people were not considered as equivalent to the physical properties and that’s why there were no significant and sufficient laws to protect such properties. Perhaps it was so because of no monetary value associated with the intellectual properties.


It was only in 1995 that a significant step was taken and the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) was formed at the end of seven years of negotiations from 1986 to 1993, as part of the Uruguay Round of Multilateral Trade Negotiations of the GATT. The TRIPS Agreement came into force on the 1st of January 1995, with the establishment of the World Trade Organization (Puri & Varma, 2005).


It does not mean that there were no laws related to intellectual properties in India. Laws were there but they were not enough to protect the intellectual properties rights of the people. The people and government had not thought to protect their ancient knowledge by any specific law. Indians always believed in knowledge sharing and that’s why the medicinal uses of turmeric, basil, neem etc were in public domain since long and yet it was not protected under any law. It was only after the controversy of claims over the medicinal uses of turmeric and neem and claims over basmati rice by American companies that people in India became aware about their intellectual property rights and a need of strong laws were felt. Also the commercial interest of the people compelled many companies and individuals to protect their intellectual properties. 


There are several definitions given to intellectual property. One of the best definitions of intellectual property was given by World Intellectual Property Organisation (WIPO):

“Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”

 

Similarly, there are several definitions of intellectual property rights. One of the best definitions among them is given by World Trade Organisation (WTO): 


“Ownership of ideas, including literary and artistic works (protected by copyright), inventions (protected by patents), signs for distinguishing goods of an enterprise (protected by trademarks) and other elements of industrial property.”


It is obvious from the above definition given by WTO that the intellectual property rights are mainly of three types:

I. Copyright

II. Patents

III. Trademarks

Some of the important features of IPR are as following:

i. Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & services by granting them certain rights to control the use of their creations or products. (WIPO, 2008). Protected IP rights like other property can be a matter of trade, which can be owned, sold or bought. 

ii. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation.

(WIPO)

iii. IPR are largely territorial or country specific rights except copyrights which is global in nature in the sense that it is immediately available in all the members of the Berne Convention.

(Saha, n.d.)

iv. Legal protection is granted to the owner or creator of the Intellectual property under different related acts. That means inventions, designs and other industrial innovations can be protected under Patent Act, trademarks can be protected under Trademark Act and Copyright Act covers literary works (such as novels, poems and plays), films, music, artistic works(e.g. drawings, paintings, photographs and sculptures) and architectural design.

v. The protection given under these Acts are for a definite period of time depending upon the law of the country.

Tracing the history of IPR in India

The history of IPR in India can be traced back to as early as 1957, when first time The Copyright Act was introduced for Indians with some modifications to the similar kind of act which was already existing and was borrowed from the  British but was very much similar to United Kingdom Copyright Act.  Actually the East India Company had already introduced the Copyright Act in India in 1847 out of its own interest but it was merely a reflection of Copyright Act of Great Britain which was already into existence for almost one century. In 1914, the then Indian legislature enacted a new Copyright Act which merely extended most portions of the United Kingdom Copyright Act of 1911 to India. Thus the modern Copyright Act of India has seen a long and complicated journey of 150 years. Today, the Copyright Act of 1957, the Copyright Rules, 1958 and the International Copyright Order, 1999 govern the copyright protection in India. (Adukia R.S., n.d.)


Just like the Copyright Act, the Patent law in India had also seen many dawn and dusks. From being introduced in 1856, it underwent amendments for eleven times in the years 1859, 1872, 1883, 1888, 1911, 1920, 1930, 1945, 1950, 1952, to the commencement of The Patents Act, 1970. (Ibid).Though even after 1970, many changes in the Patent Act have been done but this year is like a milestone in the history of IPR because this Act remained in force for almost 24 years till 1994 without any change. After that three amendments were done in the Act of 1970 in the years 2000, 2003 and finally in 2005 which is in force till date. The Act has now been radically amended to become fully compliant with the provisions of TRIPS (Saha, n.d.)

The Trademark Act of 1999 is culmination of sustained effort towards such an Act since 1860. A specific Indian Trademark Act was passed in 1940 which was replaced by Trademark and Merchandise Act, 1958 and finally Trademark Act 1999 was enforced by the Government of India in compliance with the TRIPS obligation on the recommendation of the World Trade Organisation.


List of laws related to intellectual properties in India:


1. The Copyright Act, 1957, the Copyright Rules, 1958 and International Copyright Order, 1999.

2. The Patents Act, 1970, the Patents Rules, 2003, the Intellectual Property Appellate Board (Patents Procedure) Rules, 2010 and the Patents (Appeals and Applications to the Intellectual Property Appellate Board) Rules, 2011

3. The Trade Marks Act, 1999, the Trade Marks Rules, 2002, the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003 and the Intellectual Property Appellate Board (Procedure) Rules, 2003

Apart from these laws the following laws have been enacted to protect newly recognized species of intellectual property in India.

4. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002

5. The Designs Act, 2000 and the Designs Rules, 2001

6. The Semiconductors Integrated Circuits Layout-Design Act, 2000 and the Semiconductors Integrated Circuits Layout-Design Rules, 2001

7. The Protection of Plant varieties and Farmers’ Rights Act, 2001 and The Protection of Plant varieties and Farmers Rights’ Rules, 2003

8. The Biological Diversity Act, 2002 and the Biological Diversity Rules, 2004 Intellectual Property Rights (Imported Goods) Rules, 2007

(Adukia R.S., n.d.)


Main types of Intellectual Property Rights


It is already stated in the overview section that there are three main types of IPR: Copyrights, Patents and Trademarks. As per the very significant feature of IPRs, they allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions (WIPO). Let us discuss these types of IPR in detail:

Copyright

It is often heard to be said by people that ‘why shouldn’t I use it; is it your copyright?’ May be they don’t know all the provisions under this right, however from such statements it is clear that they have some understanding of this right. Before looking at the provisions of Copyright Act in Indian context, let us see how World Intellectual Property Organisation (WIPO) has described it:

Copyright law is a branch of that part of the law which deals with the rights of intellectual creators. Copyright law deals with particular forms of creativity, concerned primarily with mass communication. It is concerned also with virtually all forms and methods of public communication, not only printed publications but also such matters as sound and television broadcasting; films for public exhibition in cinemas, etc. and even computerized systems for the storage and retrieval of information. Copyright deals with the rights of intellectual creators in their creation. Most works, for example books, paintings or drawings, exist only once they are embodied in a physical object. But some of them exist without embodiment in a physical object. For example music or poems are works even if they are not, or even before they are, written down by a musical notation or words. Copyright law, however, protects only the form of expression of ideas, not the ideas themselves. The creativity protected by copyright law is creativity in the choice and arrangement of words, musical notes, colors, shapes and so on. Copyright law protects the owner of rights in artistic works against those who “copy”, that is to say those who take and use the form in which the original work was expressed by the author.

(WIPO, 2008)


In tandem with the description of Copyright Law given by WIPO, here in India too Copyright is a right given to the creator of an original literary or artistic work. Literary work also includes computer programs and software and is protected in India under copyright. The total term of protection for literary work is the author’s life plus sixty years.

As per Copyright Act, 1957,  "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:- 

(a) in the case of a literary, dramatic or musical work, not being a computer programme, - 

(i) to reproduce the work in any material form including the storing of it in any medium by electronic means; 

(ii) to issue copies of the work to the public not being copies already in circulation; 

(iii) to perform the work in public, or communicate it to the public; 

(iv) to make any cinematograph film or sound recording in respect of the work; 

(v) to make any translation of the work; 

(vi) to make any adaptation of the work; 

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,- 

(i) to do any of the acts specified in clause (a); 

“(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.” 

(c) in the case of an artistic work,- 

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work; 

(ii) to communicate the work to the public; 

(iii) to issue copies of the work to the public not being copies already in circulation; 

(iv) to include the work in any cinematograph film; 

(v) to make any adaptation of the work; 

(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv); 

(d) In the case of cinematograph film, - 

(i) to make a copy of the film, including a photograph of any image forming part thereof; 

(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; 

(iii) to communicate the film to the public; 

(e) In the case of sound recording, - 

(i) to make any other sound recording embodying it; 

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such copy has been sold or given on hire on earlier occasions; 

(iii) to communicate the sound recording to the public.

(Source: Copyright Office, India.)

Thus in nutshell, it can be said that, “Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.”

Patent

Again I would give an example from our day-to-day life that when somebody often says something, people say that this is his patent dialogue means that statement is created and used by him. Thus people have a fair idea of what patent is. Let us see how it is defined by various persons and organisations. According to The Law Lexicon (2001) “The word patent means the exclusive privilege granted by the sovereign authority to an inventor with respect to his invention” 

Similar to this definition a more elaborated definition of patent is given by WIPO as follows:

A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the owner of the patent. “Invention” means a solution to a specific problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time (generally 20 years). Patents are frequently referred to as “monopolies”, but a patent does not give the right to the inventor or the owner of a patented invention to make, use or sell anything. Thus, while the owner is not given a statutory right to practice his invention, he is given a statutory right to prevent others from commercially exploiting his invention, which is frequently referred to as a right to exclude others from making, using or selling the invention. Simply put, a patent is the right granted by the State to an inventor to exclude others from commercially exploiting the invention for a limited period, in return for the disclosure of the invention, so that others may gain the benefit of the invention. The disclosure of the invention is thus an important consideration in any patent granting procedure.

(WIPO, 2008)


In compliance with TRIPS and WIPO, in India too “A Patent gives a monopoly right to a person who has invented a new and useful product or a new process of making a product or an improvement or modification of an existing product or process. It is a statutory grant conferring exclusive right to manufacture the patented product or manufacture a product according to the patented process for a limited period of time, that is, a period of 20 years.” (Puri & Varma, 2005). According to the Patent Act, 1970, Patentable inventions are new products or processes, involving inventive steps and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria –

• Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.

• Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.

• Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.

Whereas non-patentable inventions within the meaning of Section 3 of Patents Act, 1970 are:

(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

(b) an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment; (For e.g. process of making brown sugar will not be patented.)

(c) The mere discovery of a scientific principle or the formulation of an abstract theory (or discovery of any living thing or non-living substances occurring in nature);

(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or mere new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

(g) a method of agriculture or horticulture; (For e.g. the method of terrace farming cannot be patented.)

(h) any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products; (For e.g. any new technique of hand surgery is not patentable)

(i) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

(j) a mathematical or business method or a computer programme per se or algorithms;

(k) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(I) a mere scheme or rule or method of performing mental act or method of playing game; 

(m) a presentation of information;

(n) topography of integrated circuits;

(o) an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

(p) Inventions relating to atomic energy and the inventions prejudicial to the interest of security of India.

(Source: Intellectual Property Office, India)


Trademarks


Trademarks can be in the form of letters, numerical or words or signs, symbols, drawings, three dimensional shapes, music or audio, fragrances, colors; anything which identifies any good or service. It helps consumers in identifying the authentic goods and services. It protects the owner’s right to exclusively use the trademark or authorise other person to use it in lieu of payment. According to WIPO (2008), “A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors.” This definition mentions about two aspects of trademarks, which also can be referred as the functions of the trademarks. These aspects are – “Individualisation of goods which provides authenticity and identity to the product” and “It helps in distinguishing the products of one enterprise from the other enterprise”.  Though these two are different aspects of trademarks, they are also interdependent and that’s why WIPO suggests looking at them together for all practical purposes. Individualisation of goods and services for consumer by using trademarks does not mean that the consumers must be informed about the actual person who has manufactured it or who is trading it. It only has to create trust of the consumer into the enterprise. In compliance with the definition given by WIPO, in India too, the Trademarks Act, 1999 explains,

Trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and— 

(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and 

(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;

(Source: Ministry of Law, India)

This explanation gives rise to two key features of Trademark: Trademark must be distinctive and trademark must be used in commerce. There are mainly four types of trademarks - Trademark, Servicemark, Collectivemark, Certification Mark. The Trade Marks Act, 1999 (TMA) protects the trademarks and their infringement can be challenged by a passing off or/and infringement action. The Act protects a trade mark for goods or services, on the basis of either use or registration or on basis of both elements.


Geographical Indication of Goods


There are many products which are known by their geographical origin, whether by name or by symbols; like “Champagne,” “Cognac,” “Roquefort,” “Chianti,” “Pilsen,” “Porto,” “Sheffield,” “Havana,” “Tequila,” “Darjeeling”—are some well-known examples of such names with which the products of certain nature and quality are associated. According to WIPO (2008), “the term is intended to be used in its widest possible meaning. It embraces all existing means of protection of such names and symbols, regardless of whether they indicate that the qualities of a given product are due to its geographical origin (such as appellations of origin), or they merely indicate the place of origin of a product (such as indications of source). This definition also covers symbols, because geographical indications are not only constituted by names, such as the name of a town, a region or a country (“direct geographical indications”), but may also consist of symbols. Such symbols may be capable of indicating the origin of goods without literally naming its place of origin. Examples for such indirect geographical indications are the Eiffel Tower for Paris, the Matterhorn for Switzerland or the Tower Bridge for London.”

In compliance with WIPO, the Geographical Indications of Goods (registration and protection) Act, 1999 explains:


“geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. Explanation.—For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be;

(Source: Ministry of Law, India)

Some examples of Indian Geographical Indications are - Solapur Chaddar, Solapur Terry Towel, Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphanso Mango, Nagpur Orange etc.

Designs

The concept of protection for designs whether industrial or ornamental emerged as a result of industrial revolution, mass production, increasing competition among enterprises and globalisation. After globalisation, the competition among enterprises increased severely; which forced every enterprise to make its own identity and along with other factors of identity, designing is also an important factor. This is the reason that a separate protection laws for design, or ornamentation was felt and it was introduced at a global as well as national level. According to WIPO, “Industrial design refers to the creative activity of achieving a formal or ornamental appearance for mass-produced items that, within the available cost constraints, satisfies both the need for the item to appeal visually to potential consumers, and the need for the item to perform its intended function efficiently.”


Here in India, as per the Design Act, 2000, the definition was given as”

“design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere 

mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.

(Source: Intellectual Property Office, India)

A unique design for any product not only attracts the consumers but also the producing company acquires much more praise, which it can’t afford to lose. It not only enhances its prestige and reputation but also provides a thrust for economic gain. These designs can be pertaining to a wide variety of products of different industries like handicrafts, medical instruments, watches, jewellery, house wares, electrical appliances, vehicles and architectural structures anything. It is majorly for aesthetic purpose.


Semiconductor Integrated Circuits Layout-Design


The layout of transistors on the semiconductor integrated circuit or topography of transistors on the integrated circuit determines the size of the integrated circuit as well as its processing power. That is why the layout design of transistors constitutes such an important and unique form of intellectual property fundamentally different from other forms of intellectual property like copyrights, patents, trademarks and industrial design (Adukia R.S., n.d.). As per the Semiconductor Integrated Circuits Layout-Design Act, 2000 in India:


“layout-design” means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit;

“semiconductor integrated circuit” means a product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function;

(Source: Ministry of Law, India)

Protection of Plant Varieties and Farmers Rights

India; primarily being an agrarian economy; intended to recognise and protect the rights of the farmers  keeping in mind their contribution towards conserving and improving the plant varieties which is essential for agricultural development of the country.  This was also essential to facilitate the growth of seed industry in India and boost the research and development in agriculture. With these visions; an Act was passed “to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants” in 2001. It was called “the Protection of Plant Varieties and Farmers’ Rights Act, 2001” and was implemented in 52nd year of Republic of India. As per this Act:


“variety”, means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be— 

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping; 

(ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and 

(iii) considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, 

and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

(Source: Ministry of Law, India)


Such an Act was essential for protecting and encouraging the rights of the farmers; who strive to increase the varieties of plants and put their effort to develop new plants and the quality of seeds.




Biological Diversity


India; being a country of rich biodiversity; possesses very rare traditional knowledge which can lead it to use biological resources as assets. Since the world has realised the importance of environment and biodiversity, it has been remained a constant effort to protect the biodiversity anywhere in the world and with this commitment United Nations Convention on Biological Diversity was organised at Rio De Janeiro on 5th June, 1992 and India became one of the signatory of this convention.  By signing this convention, India and other signatories got sovereign rights over their biological resources. Such rights were considered necessary “to provide for conservation, sustainable utilisation and equitable sharing of the benefits arising out of utilisation of genetic resources and also to give effect to the said Convention.” Such concerns formed the ground for India to pass an Act “to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto” in 2002. It was called the Biological Diversity Act, 2002 and was enacted by Parliament in the 53rd year of the Republic of India. As per this Act: 

 “biological diversity” means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of eco-systems;

 “biological resources” means plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material;

(Source: Ministry of Law, India)


Not only because India was party to the Convention on Biological Diversity, but also to safeguard and conserve our rich biological diversity, sustainable use of their components and to be able to share their knowledge with others without losing proprietorship over them, such an Act was essential for India.


The Need for Protection


Same as necessity is the mother of invention; new inventions in any field are necessity for the growth of human civilisations. It is necessary to protect the human capacity to create or invent new things from being exploited by any other person or organisation without the permission of the creator or inventor. Such protection in the form of legal rights would encourage people for further innovation without any fear of exploitation. These inventions or creations may lead the country towards economic growth and prosperity of its people. In return, the company or people responsible for such inventions are rewarded by providing legal rights over their inventions so that no one can use it without their permission. Thus the protection of intellectual properties can balance the interests of the innovators and the public interest at the same time by satisfying their humane expectations and providing a conducive environment for creativity and invention which can be used in larger interest of the human beings.

  Apart from the broad views on need of protection of intellectual properties, some crude realities are that the society has moved from agrarian to industrialisation to globalisation and so the form of competitions also moved beyond fair values. In today’s highly competitive world, where one side consumers are having a number of choices and they are considered as kings of the market, other side they themselves fell prey to the unfair competition prevailing in the market and get cheated. In such scenario, not only fair companies and products need legal protection but consumers also need to be protected from such unfair competition among the companies in the market. In free market system which is led by competitions, unfair means are bound to be used. These cannot be checked by self regulation and a strong legal system is essential to prevent the creator, inventor as well as consumers from any kind of exploitation.


References:


Adukia R.S.( n.d.). Handbook on Intellectual Property Rights in India. New Delhi.

Biological Diversity Act, 2002(Source: Ministry of Law, India)

Copyright Act, 1957 (Source: Copyright Office, India.)

Design Act, 2000 (Source: Intellectual Property Office, India)

Geographical Indications of Goods (registration and protection) Act, 1999(Source: Ministry of Law, India)

Patent Act, 1970(Source: Intellectual Property Office, India)

Protection of Plant Varieties and Farmers’ Rights Act, 2001(Source: Ministry of Law, India)

Puri, M & Varma, A. 2005. Intellectual Property Conventions and Indian Law. Working Paper. Indian Council for Research on International Economic Relations, New Delhi.

Saha, R. (n.d.). Management of Intellectual Property Rights in India. New Delhi.

Semiconductor Integrated Circuits Layout-Design Act, 2000 (Source: Ministry of Law, India)

Trademarks Act, 1999(Source: Ministry of Law, India)

World Intellectual Property Handbook. 2008. WIPO Publications.


Important websites visited:

www.ipindia.nic.in - Intellectual Property Office, India

www.patentoffice.nic.in – Patent office, India

http://copyright.gov.in/ - Copyright Office, India

www.wipo.int – World Intellectual Property Organisation

http://www.wto.org – World Trade Organisation