Media Laws as an Emerging Career for Lawyers

Introduction:

The topic of media law is an interesting one to explore. Lawyers who work in the media can represent companies or celebrities they’ve seen on television. Furthermore, media lawyers contribute significantly to society’s awareness of free speech laws and the limitations that can be placed on various types of media production. Because they advise clients on several different areas of law that influence the media, such as trademarks, copyright, employment law, and dispute resolution, lawyers who practice media law must be effective communicators. Media law may be an interesting and demanding legal specialty for lawyers looking for excitement and a challenge. The regulation of the telecommunications sector, information technology, broadcasting, advertising, the entertainment business, and the Internet are all covered under media law. In its most basic form, media law regulates what can be written and transmitted. In many aspects, media law is similar to intellectual property law, but it also includes issues like censorship and defamation tort.

What can be written and transmitted is governed by media law. Censorship and the tort of defamation, as well as privacy, are some of the aspects of media law. Intellectual property law is also a part of this field of law (i.e. issues such as copyright and ownership).

As a result, media law is a wide field of law that includes^[1]:

• Broadcasting is divided into two types: public service broadcasting and commercial broadcasting.
• Books, newspapers, and print periodicals are examples of publishing.
• Working with musicians, producers, and managers is part of the music industry.
• Television and film.
• Gaming and social media, such as tweets and Facebook campaigns, are examples of digital media.
• Marketing and advertising.
• Working with producers, theatre owners, not-for-profit organizations, venues, theatre schools, industry organizations, agents, and creative talent in ballet, opera, dance, and circus

Background of Media Law

Business, financial, intellectual property, public relations, and privacy rules are all covered under media law. Several aspects of the industry have witnessed significant advancements and the use of cutting-edge technologies to stay current. The use of technology has been expanded to include all stages of content creation, digitalization, and globalization. This industry has been gradually growing and will continue to do so in the future. Media law encompasses the rules that regulate the media business, as well as the realms of television, film, radio, music, and internet advertising. Our media law governs the regulatory mechanisms and legislative frameworks that regulate the evolution of the media sector in India. The press is free, although the Constitution of India, as modified, places certain legitimate limits on it. Before the influence of globalization was seen, the government had complete control over the media, allowing it to broadcast just what the government wanted the public to see and in the manner in which the government wanted the public to view it. With the advent of globalization and privatization, however, the situation has drastically changed. ^[2]

Several Acts have been enacted in India throughout the years to address the legal issues that the media industry faces:

1. The Press and Registration Books Act^[3] was enacted to control printing presses and magazines to preserve and register books. In the history of media law, it was a watershed moment. It included regulations controlling book registration, press keeper declaration, and newspaper publisher disclosure.
2. Vernacular Press Act^[4] – The Vernacular Press Act was designed to tighten government control over the language used in the press. It was passed with the primary goal of eliminating Amrit Bazar Patrika, which was classified as bilingual under the Act.
3. The Indian Telegraph Act^[5] gave the government sole authority to issue telegraph licenses. In the case of a public emergency or the cause of public safety, it empowered the government to intercept messages and confiscate licensed enterprises.
4. Press Act^[6] – The main aspect of this act was that it gave the government the authority to force every newspaper in circulation to provide security.
5. Indian Press Act ^[7]– The Defence India Act was created to impose press restrictions. The Indian Press Ordinance, enacted in 1930, increased government control over the media. The Indian Press Emergency Act was passed in 1931. The government established a Press Enquiry Committee in 1947, which recommended abolishing the 1931 Act and replaced it with the Press (Objectionable Matter) Act of 1951.
6. Copyrights Act^[8] – This Act, together with the 1958 Copyrights Rules, was enacted to provide an author or creator of an original work exclusive right.
7. The cinematographed film was approved with the adoption of the Cinematograph Act^[9]. There were provisions created for the assessment of films and their authorization for unrestricted or controlled use by specific groups of people.
8. Cable Television Network Act^[10]– The Cable Television Network Act of 1994 regulates cable providers’ operations by mandating mandatory registration in certain instances. The Program and Advertising Code, established by the Cable Television Network Rules of 1994, limit the content of any program or advertisement.
9. Trade Marks Act^[11]– This law protects media-related names, titles, letters, words, and other unique words or artwork.
10. Right to Information Act^[12]– The Right to Information Act extended India’s media freedom and included provisions for possible free expression.

The Benefits of Media Law

“Media law” includes a wide range of legal subjects, giving it an excellent introduction to the legal system for journalists and practitioners, as well as a rich practice ground for law students^[13].

As the rights to free expression, information, and a free press compete with other critical rights such as reputation, a fair trial, privacy, confidentiality, intellectual property, and national security, as well as the right to be free of discrimination in all forms, media law provides an excellent opportunity to examine society’s numerous conflicting rights and interests.

It’s a great illustration of the role of the news media in the world’s many political systems, as governments select different places where free expression should be curtailed. It is important to recognize that freedom of expression exists on a scale, with some countries having fewer restrictions and others having alarming levels of repression.

Media law explains how accurate and reasonable reporting and publication can get special safeguards, as well as how courts can encourage ethical research and reporting, just as certain governments and people may shackle truth.

Cases involving the media are usually interesting portrayals of human flaws, egos, and temptations, and they can mirror Shakespearean tragedies in which good reporting exposes power abuse.

Problem-based media law education gives you a realistic understanding of how a tricky legal situation may develop and walks you through the process of deciding on a course of action after analyzing the legal dangers. Within the limitations of the law, robust and authentic journalism may still be produced in certain nations.

As we witness real-world situations involving real people argued in courts and published by the news media, cases and changes influencing media law are regularly in the news, providing relevance and factual correctness to one’s research.

Finally, because all laws must be modified, one may participate in the continuing process of media legal reform. You’ll learn about the reform process, get access to previous reform ideas, and be able to submit your reforms in sectors of interest.

Conclusion

Media law is a combination of well-known legal subjects including contract law, intellectual property law, and commercial law. As a result, the company utilizes a wide range of practice areas, needing the services of entertainment attorneys with experience in a wide range of legal disciplines. The bulk of media lawyers focus on one of two areas: litigation or transactional law. Agreements and contracts are the primary focus of transactional attorneys. Their main tasks include drafting contracts for clients, monitoring contract compliance, and negotiating commercial agreements with clients. Litigation attorneys, on the other hand, are more concerned with defending their clients in the case of legal action. They not only defend their clients, but they also litigate on their behalf if required. As a result, many lawyers can handle both criminal and civil cases. One of the advantages of a profession in media law is how current it is. One may expect to see the things you work on in the news and all around you, from advertising billboards to stores and even television, because the world of media moves so quickly. Not to mention that, because the media environment is always evolving, the legislation that governs it is always changing as well. Associate or partner will be a pioneer in the field of cutting-edge media law. However, one disadvantage of media law is that the world it governs does not sleep.

---

References:

[1] What Is Media Law?, (Oct 19, 2021, 9:00 AM), https://www.thelawyerportal.com/free-guides/areas-legal-practice/how-to-become-a-media-lawyer-media-law/.

[2] Aparimita Basu, Media Laws – An Overview (Oct 19, 2021, 11:00AM), https://www.legalserviceindia.com/articles/media.htm.

[3] Press and Registration Books Act, 1867.

[4] The Vernacular Press Act, 1878.

[5] Indian Telegraph Act, 1885.

[6] Press Act, 1910.

[7] Indian Press Act, 1931.

[8] Copyrights Act, 1957.

[9] Cinematograph Act, 1952.

[10] Cable Television Network Act, 1994.

[11] Trade Marks Act, 1999.

[12] Right to Information Act, 2005.

[13] MARK PEARSON, Why Study Media Law, (Oct 20, 2021, 5:00 PM),https://journlaw.com/2018/10/22/why-study-media-law-mlgriff/.