Showing posts with label Media Laws and Ethics. Show all posts
Showing posts with label Media Laws and Ethics. Show all posts

Feb 13, 2026

Press Council of India: Issues and Challenges

 Introduction

The Press Council of India (PCI) stands as the cornerstone of press ethics and journalistic standards in India. Established as a statutory, quasi-judicial body, the PCI plays a crucial role in maintaining and improving the standards of newspapers and news agencies in the world’s largest democracy. This report delves into the structure, functions, and impact of the PCI, exploring its role in shaping media ethics and addressing the evolving challenges in the Indian media landscape.

Nov 11, 2025

Media reportage of marginalised sections: Children, dalits, tribals, differently-abled, old-aged persons

Marginalisation means when a certain person or a sect of people is made to feel of lesser importance by those in power. Marginalised persons are forced to the periphery or the edge of society. This, in turn, robs them of the facilities and opportunities enjoyed by the non-marginalised sections of society.

Marginalized groups

Marginalised groups are those excluded from full participation in social, economic, and political life.

Causes: caste hierarchy, poverty, gender bias, disability, and age-based discrimination. The media has the power to include or exclude these voices through its narratives and priorities.

Understand the Power of Media

The media is an essential attribute of a democratic polity — both work hand in hand. If democracy is the government of the people, then the media is the voice of the people. The media is the only force that ensures the free flow of information in society. When the media is restricted, censored, or obstructed, citizens remain uninformed:

Unaware of their rights and duties,

Ignorant of their needs and social issues,

Unconscious of the role they can play in improving their society and nation. 

Media came into existence in 1780 with the introduction of a newspaper, namely "The Bengal Gazette" and since then it has matured leaps and bounds. It has been playing a very important role in shaping human minds. The media makes us aware of various social, political and economic activities happening around the world. 

It is like a mirror, which shows us or strives to show us the bare truth and harsh realities of life. The media also exposes loopholes in the democratic system, which ultimately helps the government infilling the vacuums of loopholes and make the system more accountable, responsive and citizen-friendly 

A democracy without media is like a vehicle without wheels. It is mostly observed that news on political and economic issues dominates over social issues. Social issues are not given the kind of importance or platform of communication that they deserve. Issues of violence against women and other forms of discrimination against women, which basically stems from inequality – both in terms of physical and economic power – between men and women, are rarely given the importance they deserve. 

 Due to the outreach and technological sophistication, the Media’s role has now expanded and increased beyond the mere supply of information. It can be said that the media can now 'create reality’. 

Media can effectively shape public opinion, influence personal beliefs, and even alter people’s self-perceptions. Ideologies, thought processes, and the methods of socialization are greatly influenced by the media. It is time that the media become highly sensitive to gender issues.

 Media Matters

“Print and electronic media do not provide a balanced picture of women’s diverse lives and contributions to society in a changing world.”

BEIJING PLATFORM FOR ACTION 1995 

Nearly 25 years ago, in 1995, during the Fourth World Conference on Women, 189 UN Member States recognised the central role of media in shifting the gender stereotypes that influence how we think and act

 Media Reporting on Child Sexual Abuse and POCSO

 How is it reported? 

 Asifa Bano: The child rape and murder that has Kashmir on edge 

 India rape: Six-year-old victim's eyes damaged in attack 

 Kathua rape-murder case verdict Live Updates: Life imprisonment for 3 accused, victim's lawyer disappointed - India Today 

Guidelines by Media Regulators

Reporting Rape

 1. The audio-visual presentation of any content will be given in a responsible and aesthetic manner, subject to the condition that the following shall not be included in these three categories: Category ‘U’, Category ‘U/A’ and Category ‘A’. (Ministry of Information & Broadcasting) 

2. Use suitable techniques such as masking, blurring, changing names or identities etc., particularly in the cases of minors, victims of sexual violence or dreaded diseases like HIV/AIDS or natural or other disasters unless there is an identifiable larger public interest involved. (Indian Broadcasting Federation) 

3. Electronic media should not show visuals or details which could "re-traumatise" the victims or reveal their identities. (News Broadcasting Standards Authority) 

4. Where any proceedings are held under sub-section (2) *, it shall not be lawful for any person to print or publish any matter in relation to any such proceedings, except with the previous permission of the court. (Code of Criminal Procedure, 1973) 

 The alleged criminal and the victim, and the witnesses must be identified with utmost care, with no implications of caste or religion. Only on the strongest grounds of public interest should any of these considerations be diluted. (The Editors Guild of India) 

 Actions Taken

 Disclosure of rape victims' identity:

Even the dead have dignity, can't be named and shamed, says SC

•It said that even in cases where the rape victims were alive and were either minors or of unsound mind, their identities should not be revealed as they have the right to privacy, and they cannot live under such a "stigma" throughout their life. 

•"Think of the dignity of dead also. It (media reporting) can be done without naming or shaming them. The dead also have dignity," a bench comprising Justices Madan B Lokur and Deepak Gupta said while hearing the matter in which senior lawyer Indira Jaising raked up the issue of section 228-A of the Indian Penal Code (IPC) which deals with disclosure of identity of victims of sexual offences.

 Based on Human Rights Watch Report — “They Say We’re Dirty” (2014)

 •Despite constitutional guarantees, marginalised children in India—Dalits, tribals, and Minorities—continue to face discrimination in schools.•

•Right to Education Act (RTE, 2009) promises free education for ages 6–14, yet nearly half of enrolled children drop out before completing elementary school.•

•Human Rights Watch report highlights systemic neglect, bias, and weak accountability.

 Key Findings

Discrimination in schools remains widespread and normalised. Teachers and staff often treat Dalit, tribal, and marginalised children unequally. Weak monitoring and redress mechanisms fail to prevent dropouts. Over 80 million children drop out before completing elementary education 

Forms of Discrimination

Marginalised children are:

Made to sit separately or at the back of classrooms.

Insulted with derogatory names.

Served food last during mid-day meals.

Denied leadership roles or class participation.

Forced to clean toilets or do menial tasks.

 “The teacher tells us to sit on the other side... she says we are dirty.” – Pankaj, 8-year-old tribal boy, U.P.

Case Examples

Javed (10, Delhi): Called “Mullah” by teachers and classmates; felt humiliated.

Shyam (14, U.P.): Made to sit in corners, denied food, and eventually dropped out.

Naresh (12, Bihar): Forced to massage teachers’ legs and clean toilets.

These experiences create fear, shame, and alienation, driving children away from school.

Recommendations

 Stronger Monitoring: Track every child from enrolment to Grade VIII.

Effective Redress: Establish independent complaint mechanisms.

Teacher Training: Promote Inclusivity and Anti-Discrimination Education.

Accountability: Penalise those who discriminate.

Community Involvement: Strengthen School Management Committees

 What Media Need to do?

Simultaneously run programs that highlight the fact that ensuring the safety and dignity of a child is the responsibility of adults, as well as help others learn how to teach personal safety to small children without instilling fear or distrust of adults.

Follow up cases/ intermittently until the trial is complete.

What needs to be done... 

 •Terminology in reporting crime against women and children is an area where change is occurring.

•It is particularly important not to mix up what is legal with what is not and give a stamp of respectability:

•Not “images of child pornography” but “images of child abuse”;

•Not “elopement with a teacher” but “abduction”;

•Not “child prostitution/child prostitute” but “child abuse and abused child”.

•The media plays an important role in reflecting attitudes in society. Those who work in the media should be conscious of this.

 - John Battle, Head of Compliance, ITN, United Kingdom 

 Media and Dalits

 Examining Representation, Reality, and Responsibility

 According to the 2018 Oxfam report, 88% of leadership positions in Indian media were held by 'upper' castes. Dalits held no positions. Four years later, that number still remains zero.

 •In India, however, Dalit representation and reportage remain deeply imbalanced.

•Even as caste-based atrocities continue, the media narrative often overlooks, underplays, or sensationalises Dalit suffering. 

 Recent example: The CJP (Citizens for Justice and Peace) Report, Sept 2024, documented a series of brutal caste-based crimes within just two months, revealing a national crisis of justice and equality.

The Context of Caste Discrimination

Despite constitutional guarantees of equality (Articles 14, 15, 17) and the SC/ST (Prevention of Atrocities) Act, caste discrimination remains pervasive.

Dalits (Scheduled Castes) continue to face:

•Social exclusion and segregation

•Physical and sexual violence

•Institutional discrimination in education, employment, and justice systems

The media’s role becomes critical in exposing these injustices and holding power accountable.

Role of Media in Reporting Dalit Issues

Functions of media related to Dalit rights:

•Information dissemination – Reporting atrocities and discrimination cases.

•Awareness creation – Educating society on caste inequality and human rights.

•Accountability – Pressuring governments and institutions to act.

•Representation – Including Dalit voices and perspectives in mainstream narratives.

Yet, coverage remains inconsistent, urban-biased, and elite-driven.

Case Study — CJP Report (July–Sept 2024)

 Title: “The Alarming Rise of Anti-Dalit Violence and Discrimination in India”

Publisher: Citizens for Justice and Peace (CJP), Sept 5, 2024

The report documented dozens of caste atrocities across states within two months.

It revealed that Dalit lives remain undervalued, and media coverage was fragmented and reactive.

Selected Incidents (2024)

 Uttar Pradesh (July 23):

A 15-year-old Dalit boy forced to drink urine.

The act was filmed and circulated on social media.

Police acted only after public outrage.

Karnataka (Aug 18):

Dalit man stabbed to death after caste-based abuse.

Locals demanded justice; minimal media follow-up.

Karnataka (Sept 3):

Dalit woman poisoned to death after inter-caste marriage.

Case shows intersection of patriarchy and caste oppression.

Karnataka (Sept 4):

67-year-old Dalit elder beaten with a wooden pole for taking shelter from rain.

Attack rooted in caste prejudice.

Status of Tribal Population in India

The tribal population constitutes a majority in the northeastern states of Mizoram and Lakshadweep (94.4%), Meghalaya (86.1%), and Nagaland (86.5%).

 The states with no Scheduled tribe groups are Punjab, Chandigarh, Haryana, Delhi and Pondicherry. India has total tribal population of 10.43 crores  which is 8.6% of total population of India as per 2011 census.

Importance of Media in Social issues of Tribes

 The media has got a vital role in molding a good society to develop our lifestyle and move it on the right path, because it always try to side with the truth and relevant factor. 

It is the best tool to spread awareness in social issues of tribes and the modern society either it be political, social or economic and giving us latest sight about what is happening in our world.

Adivasis (Tribal Communities)

 The term “Adivasis” literally means “original inhabitants”. They comprise about 8 % of India’s population.

They often live close to forests and have their own languages, religions and ways of life distinct from the dominant society. 

 Many Adivasis face marginalisation because:

Their lands are taken for mining and development and they lose their livelihood and inheritance.

They are often portrayed in stereotypical ways seen as “exotic”, “primitive”, or “backward”.

 The Rise of Alternative & Community Media

 Community Radio Stations (CRS): e.g., Mandakini Ki Awaaz (Uttarakhand), Radio Dhadkan (Madhya Pradesh) – promote local culture and dialects.

Digital Tribal Journalism: Youth-led initiatives use mobile journalism to document local issues, environment, education, rights, and culture.

Social Media Empowerment: Facebook, Instagram, and YouTube have allowed tribal creators to share music, storytelling, and activism globally.

Media and Differently-abled, Old-aged persons

 Inspiration and Empowerment: Movies and news stories about achievers like Arunima Sinha or Deepa Malik help change societal mindsets.

Awareness Campaigns: Programs like ‘Disability Matters’ and ‘Ability Fest’ promote inclusion in media and arts.

Policy Promotion: Media has supported campaigns for the Rights of Persons with Disabilities Act (2016) and accessibility initiatives like Accessible India Campaign (Sugamya Bharat Abhiyan).

 Challenges & Issues

•Stereotyping: Often portrayed as objects of pity or charity rather than as capable individuals.

•Lack of Representation: Very few differently-abled anchors, journalists, or characters in films.

•Limited Accessibility: Media platforms themselves (websites, TV shows, news broadcasts) often lack accessibility features such as subtitles, sign language, or screen-reader compatibility.

Media and old-aged persons

Representation of Wisdom: Senior citizens are shown as sources of experience, moral strength, and family values.

Awareness of Issues: Media coverage of elder abuse, loneliness, and health care brings attention to their problems.

Promotion of Active Ageing: Campaigns encouraging healthy lifestyles, lifelong learning, and intergenerational bonding.

  Challenges & Issues

Stereotypical Portrayals: Often shown as dependent, frail, or irrelevant to modern life.

Neglect in Media Content: Mainstream media largely focus on youth-oriented issues, ignoring the concerns of the elderly.

Digital Exclusion: Lack of digital literacy and accessible technology creates a “digital divide” for older persons.

Need for Inclusive and Sensitive Media

Representation with Dignity: Show differently-abled and elderly people as individuals with aspirations, not just as victims.

Accessibility: All content should include subtitles, sign language, and audio descriptions.

Participation: Involve differently-abled and elderly persons in production, writing, and reporting roles.

Policy Advocacy: Media can push for effective implementation of laws like:

Rights of Persons with Disabilities Act (2016)

Maintenance and Welfare of Parents and Senior Citizens Act (2007)

Examples of Inclusive Initiatives

Doordarshan’s Special Programs: Segments focusing on disability rights and senior welfare.

Social Media Campaigns: #WeAreDisabledNotWeak and #ActiveAging have gained traction online.

Films:

Black (2005) – portrayed the struggle and strength of a deaf-blind woman.

Paa (2009) – highlighted old-age health issues with dignity.

Margarita With a Straw (2014) – broke stereotypes about disability and identity.

Nov 10, 2025

INTELLECTUAL PROPERTY RIGHTS

Creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.

Categories of IPR

Industrial Property: Patents for inventions, trademarks, industrial designs and geographical indications.

Copyrights: literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design.

Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.

 What are intellectual property rights?

Intellectual property rights are like any other property right. 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.

The importance of intellectual property was first recognised in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organisation (WIPO).

 Why promote and protect intellectual property? 

There are several compelling reasons. First, the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture.

Second, the legal protection of new creations encourages the commitment of additional resources for further innovation.

Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

 How does the average person benefit?

Intellectual property rights reward creativity and human endeavour, which fuel the progress of humankind. Some examples:

The multibillion-dollar film, recording, publishing and software industries-which bring pleasure to millions of people worldwide-would not exist without copyright protection.

Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers.

Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy.

Copyright

Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, generally referred to as "works".

A closely associated field is "related rights" or rights related to copyright that encompass rights similar or identical to those of copyright, although sometimes more limited and of shorter duration.

The beneficiaries of related rights are: performers (such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound recordings; and broadcasting organisations in their radio and television programs.

Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

 What rights do copyright and related rights provide?

The creators of works protected by copyright, and their heirs and successors (generally referred to as "right holders"), have certain basic rights under copyright law.

They hold the exclusive right to use or authorise others to use the work on agreed terms.

The right holder(s) of a work can authorise or prohibit: its reproduction in all forms, including print form and sound recording; its public performance and communication to the public; its broadcasting; its translation into other languages; and its adaptation, such as from a novel to a screenplay for a film.

Similar rights of, among others, fixation (recording) and reproduction are granted under related rights.

Many types of works protected under the laws of copyright and related rights require mass distribution, communication and financial investment for their successful dissemination (for example, publications, sound recordings and films).

 Hence, creators often transfer these rights to companies better able to develop and market the works, in return for compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work).

The economic rights relating to copyright are of limited duration -as provided for in the relevant WIPO treaties - beginning with the creation and fixation of the work, and lasting for not less than 50 years after the creator's death.

National laws may establish longer terms of protection. This term of protection enables both creators and their heirs and successors to benefit financially for a reasonable period of time.

Related rights enjoy shorter terms, normally 50 years after the performance, recording or broadcast has taken place.

Copyright and the protection of performers also include moral rights, meaning the right to claim authorship of a work, and the right to oppose changes to the work that could harm the creator's reputation.

Copyright law in India

• The Copyright Act of 1957, The Copyright Rules, 1958 and the International Copyright Order, 1999 govern the copyright protection in India. It came into effect from January 1958.

The Act has been amended in 1983, 1984, 1992, 1994 and 1999. Before the Act of 1957, copyright protection was governed by the Copyright Act of 1914, which was the extension of the British Copyright Act, 1911.

The Copyright Act, 1957 consists of 79 sections under 15 chapters, while the Copyright Rules, 1958 consist of 28 rules under 9 chapters and 2 schedules.

Benefits of copyright and related rights

Copyright and related rights protection an essential components in fostering human creativity and innovation.

Giving authors, artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results. By ensuring the existence and enforceability of rights, individuals and companies can more easily invest in the creation, development and global dissemination of their works.

This, in turn, helps to increase access to and enhance the enjoyment of culture, knowledge and entertainment the world over, and also stimulates economic and social development.

Copyright and advances in technology

The field of copyright and related rights has expanded enormously during the last several decades with the spectacular progress of technological development that has, in turn, yielded new ways of disseminating creations by such forms of communication as satellite broadcasting, compact discs and DVDs.

Widespread dissemination of works via the Internet raises difficult questions concerning copyright and related rights in this global medium.

WIPO is fully involved in the ongoing international debate to shape new. standards for copyright protection in cyberspace.

In that regard, the Organisation administers the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), known as the "Internet Treaties".

These treaties clarify international norms aimed at preventing unauthorised access to and use of creative works on the Internet.

IPR: CASE STUDY

Case: Emami Ltd. vs.Arbaaz Khan Productions

 Issue: Copyright and brand misuse over the phrase "Zandu Balm" in the song "Munni Badnaam Hui" (from the film Dabangg).

 On September 17, Emami Ltd. sent a legal notice to Arbaaz Khan Productions for using the phrase "Zandu Balm" in the popular song "Munni Badnaam Hui."

Emami claimed that this usage:

Violated copyright over the registered brand name.

Damaged the reputation of both the company and the product.

Zandu Balm officials stated that the song defamed their brand and misused their intellectual property.

Emami's Legal Demand

Emami demanded that the producers either: Remove the phrase "Zandu Balm" from the song, or

Delete the song from the film entirely.

Emami had acquired Zandu Pharmaceuticals in 2008 for ₹700 crore, and the merged entity was then worth about ₹1,000 crore.

Initial Reactions

Industry insiders (as of September 19) reported that:

The dispute was not expected to go to court.

Both parties were considering an out-of-court settlement.

Emami was exploring the idea of using the song to promote its product.

 Arbaaz Khan responded:

"Now that our film is a big success, such things are bound to happen. Everyone wants a share of the pie."

Final Outcome

Eventually, Emami and Arbaaz Khan Productions resolved the issue amicably.

A barter deal was reached: The filmmakers could continue using "Zandu Balm" in the song.

 In return, Emami gained advertising rights to use the song in its own promotions.

Malaika Arora Khan, who performed in the song, agreed to do a free advertisement for Zandu Balm as part of the settlement

Oct 2, 2025

The Indecent Representation of Women (Prohibition) Act, 1986: MLE

The Indecent Representation of Women (Prohibition) Act, 1986 aims to prohibit the indecent portrayal of women in media and advertisements, safeguarding their dignity and promoting gender equality.

Purpose of the Act

The Indecent Representation of Women (Prohibition) Act, 1986 was enacted to address the derogatory and indecent portrayal of women in various forms of media, including advertisements, publications, and artworks. The Act seeks to protect women's dignity and prevent sexual objectification by prohibiting representations that are offensive or harmful to public morals. 

India Code

Key Provisions

Prohibition of Indecent Representation: The Act prohibits the publication or exhibition of any advertisement that contains indecent representation of women. This includes any form of commercial communication that portrays women in a degrading manner. 

2

Scope of the Act: It extends to all forms of media, including print, broadcast, and digital platforms. The Act applies to various materials such as books, pamphlets, films, and photographs that depict women indecently. 

2

Definitions: The Act provides specific definitions for terms like "indecent representation," which refers to any portrayal of a woman's figure or body in a manner that is derogatory or likely to corrupt public morality. 

2

Penalties: Violations of the Act can lead to penalties, including fines and imprisonment. The Act empowers law enforcement to investigate and seize materials that violate its provisions.

Links:  Indecent Representation of Women Prohibition Act 1986


Aug 21, 2025

LIVE REPORTING: MLE: 21 August

Historical Evolution of Live Reporting

Early Beginnings:

Live reporting began with radio broadcasts in the early 20th century, notably during World War II.

Edward R. Murrow’s live reports from London during the Blitz set a precedent for real-time war journalism.

Television Era:

The 1960s saw the rise of live TV coverage, including the assassination of JFK and the moon landing.

Satellite technology enabled global live broadcasts, such as the 1989 fall of the Berlin Wall.

Digital Revolution:

The 2000s introduced live blogging and streaming via platforms like YouTube, Facebook Live, and X (formerly Twitter).

Citizen journalism emerged, allowing anyone with a smartphone to report live from the scene.

Nature and Characteristics of Live Reporting

Definition: Real-time coverage of unfolding events, often without post-production or editorial delay.

Key Features:

Immediacy and spontaneity

High emotional impact

Unfiltered access to events

Requires improvisation and adaptability

Challenges:

Technical glitches

Incomplete information

Pressure to be first vs. pressure to be accurate

Impact of Live Reporting

Positive Impacts

Public Engagement:

Creates a sense of urgency and connection

Encourages civic participation and awareness

Transparency:

Reduces gatekeeping by traditional media.

Offers raw, unedited views of events.

Democratization of News:

Empowers citizen journalists.

Diversifies perspectives beyond mainstream narratives.

Negative Impacts

Misinformation Risks:

Speed often compromises verification

False narratives can spread rapidly

Emotional Manipulation:

Sensationalism may override substance

Can amplify trauma or panic during crises

Ethical Dilemmas:

Privacy violations (e.g., showing victims live)

Safety risks for reporters and subjects

Ethical Considerations:

Verification vs. Velocity:

Journalists must balance speed with accuracy

Use of backgrounders and fact-checking is essential

Consent and Sensitivity:

Avoid broadcasting distressing content without consent

Respect cultural and personal boundaries

Legal Boundaries:

Sting operations, phone tapping, and live coverage of trials raise legal and ethical concerns

Suggested Readings

Media Ethics Paranjoy Guha Thakurta Ethics in Indian journalism

Radio Journalism in India Dr. Vartika Nanda Evolution of radio and live reporting

News Writing and Reporting Bruce D. Itule & Douglas A. Anderson Techniques and structure of news

Censorium William Mazzarella Media, censorship, and public culture


Aug 4, 2025

SYLLABUS : MEDIA LAWS AND ETHICS: Delhi University

SYLLABUS : MEDIA LAWS AND ETHICS

UNIT – I (15 hours)

UNIT I: Ethical framework and media practice

• Freedom of expression (Article 19(1) (a) and Article 19(1)2)

• Freedom of expression and defamation- Libel and slander, Issues of privacy and

surveillance in society

• Right to Information Idea of Fair Trial/Trial by Media

• Issues of Copyright

• Media ethics and cultural dependence

• Live reporting and ethics Legality and Ethicality of Sting Operations,

• Phone Tapping etc. Ethical issues in Social media ( IT Act 2000, Sec 66 A and the

verdict of the Supreme Court )

UNIT – II (15 hours)

UNIT II: Representation, Regulation and ethics

• Advertisement and Women

• Pornography related laws and case studies- Indecent representation of Women

(Prohibition) Act,1986 and rules 1987, Protection of Women against Sexual

Harassment Bill, 2007, Sec 67 of IT Act 2000 and 292 IPC etc

• Regulatory bodies, codes and ethical guidelines

• Self-regulation, media content- Debates on morality and accountability: taste,

culture and taboo, censorship and media debates

UNIT – III (15 hours)

UNIT III: Media and Social Responsibility

• Media reportage of marginalized sections- children, Dalits, tribals, gender, differently-abled, old-aged persons.

• Media coverage of violence and related laws - inflammatory writing (IPC 353), Sedition- incitement to violence, hate speech

Practical component (if any) - NIL Essential/recommended readings:

- Nanda, Vartika, Media Laws and Ethics, Kanishka Publishers 

- Thakurta, Paranjoy Guha, Media Ethics, Oxford University Press, 2009 2. Barrie mc Donald and Michel petheran Media Ethics,mansell, 1998.

- Austin Sarat Where Law Meets Popular Culture (ed.), The University of Alabama Press, 2011.

- Vikram Raghvan, Communication Law in India, Lexis Nexis Publication, 2007

- Iyer Vekat, Mass Media Laws and Regulations in India-Published by AMIC, 2000

- William Mazzarella, Censorium: Cinema and the Open Edge of Mass Publicity, 2013

Suggestive readings:

- Raminder Kaur, William Mazzarella, Censorship in South Asia: Cultural Regulation from Sedition to Seduction, 2009

- Linda Williams, Hard Core: Power, Pleasure, and the "Frenzy of the Visible, 1999

 

Apr 13, 2025

Media Laws and Ethics: An Introduction to Legal and Ethical Issues in Journalism: 2018: Book Review

EDITOR: Dr. Vartika Nanda

PUBLISHER: Kanishka Publishers Distributors 

ISBN : 978-81-8457-833-1

YEAR: 2018

PAGES:227

PRICE: ₹750

“ With the media conducting trials and announcing the conviction of an accused as guilty takes away the chance of the innocent to prove otherwise. Even if the court releases the accused as innocent in the case, he becomes the victim of the media trial, ruining his reputation in public eye” (Page 50)

Why to read this book:

Media Laws and Ethics: An Introduction to Legal and Ethical Issues in Journalism by Dr. Vartika Nanda is a valuable resource for anyone wanting to understand the legal and ethical framework that shapes journalism in India. Covering twelve chapters, the book discusses key issues like media ownership, sting operations, media trials, privacy, and self-regulation. It combines insights from experienced scholars and journalists, making complex topics more accessible.

Case Studies:

One of the strengths of this book is its use of real-life case studies to explain ethical dilemmas. The Aarushi Talwar case is a prime example of how media trials can influence public opinion before a court’s verdict. Similarly, the 26/11 Mumbai attacks coverage raised concerns about live reporting, as sensitive information broadcasted on TV may have aided the attackers. These cases highlight the responsibility that comes with journalism.

The intersection of Law and Ethics:

The book dives into important legal aspects of journalism, including defamation, contempt of court, and paid news. It also discusses how corporate influence can affect editorial independence, with Professor Keval J. Kumar explaining how “private treaties” between media houses and businesses can lead to biased reporting.

Understanding Indian Media Laws:

Unlike many books that focus on Western media laws,Media Laws and Ethics is rooted in the Indian legal framework. It has references of the laws like the Cable Television Networks Regulation Act and discusses landmark cases such as the Section 66A verdict, making it highly relevant for Indian journalism students and media professionals.

Media Glossary and Student Contributions:

A unique feature of this book is the inclusion of a media glossary and contributions from some of the students of Lady Shri Ram College, who helped compile case studies and key concepts. This makes the book more engaging and relatable for students, offering a fresh perspective on media laws and ethics. Credit given to them in the book is another inspiration for the students. 

Conclusion:

The book provides legal knowledge and encourages critical thinking about journalism’s ethical responsibilities. With discussion points at the end of each chapter, it pushes readers to reflect on real-world media challenges.

With its balanced mix of legal explanations, ethical discussions, and real-world examples, Media Laws And Ethics is an essential read for journalism students, educators, and aspiring media professionals. It helps readers understand the fine line between press freedom and journalistic responsibility, making it a must-read for anyone entering the field.

Written By:

Jiya Gupta

Semester 2

B.A. (Hons.) Journalism

Lady Shri Ram College for Women

Delhi University 

Links related to this book:

https://vartikananda.com/books/media-laws-and-ethics/

https://vartikananda.com/category/media-laws-and-ethics/

https://vartikananda.blogspot.com/2021/04/media-ethics-and-law-journalism.html

Dec 19, 2024

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

8  Cyber Security 

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.