Media Laws
Besides the
restrictions imposed on the Press by the Constitution there exist various other
laws – which further curtail Press freedom and the right of the citizen to
information as well as – the right to freedom of speech and expression. They
are all in force in the interest of public order, of the sovereignty and
security of the State.
- The Indian penal code, 1860 : It makes it an offence (a) to incite enmity between different classed of citizens, (b) to spread any rumors of reports likely to incite member of the Armed Forces to mutiny or failure of duty, (c) to cause alarm to any section of the public whereby there is an inducement to commit an offence against the State or against public peace, (d) to incite one class or community against another, (e) to utter words or to make visible representations with intent to wound religious feelings or beliefs of another person, or of any class of citizens.
- The Indian Telegraph Act. To 1885: It mowers the state
to intercept, detain, or not transmit any message, in the interest of public safety,
public order, the sovereignty and integrity, and security of the state. Press
messages intended to be published in
- Indian post office Act. 1898 which gives the State or its representative the right to intercept, detain or not to sent any indecent or obscene publications or representations.
- The Police and for related offences: Incitement to Disaffection Act, 1992. It provides for a penalty for spreading disaffection among the Police and for related offences.
- Official Secrets Act, 1923: It prohibits obtaining, collecting, recording or publishing of secret Government document or photographs of sketches or models. It is this Act which prevents Indian journalists from publishing inside information about the Government.
- The Security and Public Safety Acts of the various states. These deal with penalties for inciting commission of subversive’ acts.
- The Drugs and Magic Remedies (Objectionable Advertisement) Act. 1954: It in the interests of public health, bans advertisements of magic cures of sexual ailments and the like.
- Section 11 of the Customs Act, 1962 : It gives Government the power to ban import and export of goods in the interests of security, public order , and decency and morality.
- The Criminal Procedure Code, 1973 : It empowers the state to forfeit copies of a publication that often Indian Penal Code provisions relating to public order or security of the state.
- The Young Persons ( Harmful Publications ) Act, 1956: It disallows publication and circulation of any literature likely to encourage anti –social tendencies among children.
- Contempt of Courts Act. 1971 : It relates to the willful disobedience of judicial orders and the like, and to any publication which interferes with or undermines the administration of justice. For example , a journalist is guilty of contempt of court if he or she publishes a report on a case held in camera (in the private chamber of the judge).
- The Copyrights Act. 1957 ( as amended up to August 1984): It protects the original works of writers , artists, musicians, dramatists, film and video producers and other creative persons from being pirated.
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