Introduction:
The legislation through which government regulates the mass media. It includes issues of censorship, copyright, defamation, broadcast law, and antitrust law. Media Law governs what can be published and broadcast.
Communication is the process of the exchange of one’s opinion with others. It is done in various forms. By various methods and instruments, this communication has been stored and reached various platforms. It includes News Paper, radio, television, magazine, and currently include the internet as a new form of communication. Media is the watchdog of public affairs, societies, and provides information on national and international affairs.
The word medium comes from the Latin word medius (middle). The word communication is derived from the Latin root communicate.
Mass media vary from each other according to the economy, societies, polity, religion, and culture of different societies. But in some countries like China, there is a limitation on Media whereas in countries like India there is freedom of Media, less boundation comparatively from China.
Media law covers an area of law that covers all types of law (film, music, advertisement, publishing, and internet). Media law includes:
- Advertising
- Censorship
- Copyright
- Corporate law
- Defamation
- Broadcasting
- Entertainment
- Information Technology
- Privacy
Media Law of India
Many laws regulate the performance of media in India. Initially, the laws related to the mass media were introduced. Some changes had been made during the time of the British era. After that governments have enacted some more media laws in India.
In Indian Constitution, there is no separate freedom for media. But there are some provisions mentioned in the Indian Constitution and it is derived in Article 19(1) (a). This article deals with Freedom of speech and expression and this article also enumerates the rights of individual freedom of speech and expression.
Article 19 of the Indian Constitution
All citizens shall have the right to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; or co-operative societies; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; and to practice any profession, or to carry on any occupation, trade or business.
Case Laws
- Ramesh Thapar V. State of Madras (1950)[1]: In this SC held that freedom of speech and expression includes freedom of propagation of ideas.
- Prabhu Datt V. UOI (1982)[2]: SC held that right to know news and information regarding the administration of the government is included in the freedom of the press. But this right is not absolute and restriction can be imposed on it in the interest of society.
- Express Newspaper limited V. Union of India (1958)[3]: The validity of the regulation of the condition of service of workmen in the newspaper industry was challenged. The court has made it clear that the press has no immunity from general laws like taxation or industrial law consequently, the court has held that the act is valid.
Media Laws of USA
The dominant act in broadcast media remains the broadcasting service act 1992, which covers issues related to content regulation and media ownership. Various amendments were held to bring this act up to date with the changing society.
Freedom of Press
Freedom of the press is guaranteed by the first amendment. As with all constitutional amendments, the First Amendment only applied to the federal government, not to the state. The constitutional amendment needed to be incorporated against the state by the U.S. Supreme court to supply to the states.
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.
Gitlow v. New York, 268 U.S. 652 (1925)[4]: Freedom of speech and of the press which is protected by the first amendment abridgment by Congress are among the fundamental personal right and liberties protected by the due process clause by the fourteen amendments.
All the materials that have been published by the media have to be classified by the government. If any newspaper or media produces material that is found secretive, the government may request to remove certain material from the article.
Media and FCC Regulations
The Federal communication Commission regulates interstate and international communication by radio, television, wire, satellite, and cable in all 50 states the District of Columbia, and U.S. territories.
Agency capitalizes on its competencies in:
- Promoting competition, innovation, and investment in broadcast services and facilities
- Supporting the nation’s economy by ensuring an appropriate competitive framework for the unfolding of the communication revolution
- Encouraging the highest and best use of spectrum domestically and internationally.
- Revising media regulation so that new technologies flourish alongside diversity and localism
- Providing leadership in strengthening the defense of the nation’s communication infrastructure.
Case Laws
- In 1971, the Supreme Court heard a Pentagon Papers Case[5], in which the US Government sued the New York Times and the Washington Post to stop the release of information from the classified study Vietnam War.
- In the case of Miami Herald Publishing Co. V. Tornillo[6], the court embraced the analogous proposition that the government has virtually no power to compel the press to publish that which it would prefer to leave on the proverbial “cutting room floor”.
- In Smith V Daily Mail Publishing Company[7], the court held that a newspaper could not be liable for publishing the name of a juvenile offender in violation of West Virginia law declaring such information to be private.
Comparison of Media Law between India and the USA
To preserve the democratic way of life, people must have the freedom to speak and express their feelings and make their views on their own. The press is the most powerful media in form of mass communication in which they should be free to cover any news and help in reaching their news to people.
Freedom of Press has been recognized in Article 19 of the Universal Declaration of Human Rights, 1948; Article 19 of the International Covenant on Civil and Political Rights, 1946 as well as Article 10 of the European Convention of the Human Rights.
Freedom of the press in India and the U.S. are quite similar in both legal systems:
| Media law of US | Media law of India |
| The premier difference among the system is the extent of freedom, the US legal system gives more freedom. | Whereas in India right of freedom extends to certain levels and the restrictions are well defined. |
| In the American legal system, they enjoy the freedom of the press under the first amendment of the constitution. | In India, the right extends from Article 19(1) (a) of the constitution of India which is the fundamental right of the citizens of India. |
| Freedom of the press is guaranteed by the first amendment. As with all constitutional amendments, the First Amendment only applied to the federal government, not to the state. The constitutional amendment needed to be incorporated against the state by the U.S. Supreme court to supply to the states. | In Indian Constitution, there is no separate freedom for media. But there are some provisions mentioned in the Indian Constitution and it is derived in Article 19(1) (a). This article deals with Freedom of speech and expression and this article also enumerates the rights of individual freedom of speech and expression. |
| In the US constitution, the freedom of the press extent to the ideas or expression which is hurtful, offensive, or even racial can be expressed freely. | The constitution of Freedom of expression under the First Amendment guarantees the freedom of expression in the fullest sense. |
| In 1971, the Supreme Court heard a Pentagon Papers case (5), in which the US Government sued the New York Times and the Washington Post to stop the release of information from the classified study Vietnam War. | Express Newspaper limited V. Union of India (1958) (3) – the validity of the regulation of the condition of service of workmen in the newspaper industry was challenged. The court has made it clear that the press has no immunity from general laws like taxation or industrial law consequently, the court has held that the act is valid. |
Whereas freedom of the press in the Indian constitution is subject to a restriction stated in Article 19(2). Although the constitution shows have no special provision to safeguard the right of the press. However, the Indian Judiciary confirmed that the right of press implicit in the guarantee of freedom of speech and expression under Article 19(1) (a) of the constitution.
Similarly,in Brij Bhushan V. State of Delhi (1950)[8], the SC has observed that the fundamental freedom of speech and expression enshrined in our constitution was based on the provision for the first amendment of the Constitution of the USA.
Conclusion
The comparison of Media law between India and the USA represent a varying degree of freedom of speech and expression as granted by the government to its citizen. It can be seen that the freedom of speech and expression granted in India is comparatively better than from any other country. The constitution of the United States grants unrestricted rights of free speech to its citizen while in our country the laws of sedition and other reasonable restriction exists which inhibits the citizen from speaking and expressing themselves as whatever they want to speak. While in the US, it provides unrestricted freedom to its citizen.
Thus, in a country like India which is socialist, democratic, secularist all citizens have the right to speech and expression. This right has been also protected in the constitution of India. But certain restriction has been imposed so that it protects from the infringement of the fundamental right of the citizen.
References:
[1] 1950 AIR 124, 1950 SCR 594
[2] 1982 AIR, 6 1982 SCR (1)1184
[3] 1986 AIR 872, 1985 SCR Supl. (3) 382
[4] 268 U.S. 652 (1925)
[5] 403 U.S. 713 (1971)
[6] 418 U.S. 241 (1974)
[7] 443 U.S. 97 (1979)
[8] 1950 AIR 129, 1950 SCR 605
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