Unit 3, Syllabus Media Laws & Ethics

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UNIT 3 BA (JMC) 104 L: 12

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Media Acts and Laws

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LESSON 1

Press Registration of Books Act. 1867 and 1955 78

Copyright Act 1957

LESSON 2

Working Journalists Act 1955 & 1958 90

Young Persons Harmful Publications Act 1956

LESSON 3

Prasar Bharati Act 1990 99

Cinematograph Act 1952

LESSON 4

Official Secrets Act 1923 106

Right to Information Act 2005 (Case studies)

LESSON 5

Defamation, Libel & Slander (Case studies) 116

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LESSON 1 Press & Registration of Books Act. 1867, 1955

and Copyright Act 1957
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STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Press & Registration of Books Act, 1867
1.2.1 Penalties
1.3 Registrar of Newspaper, 1955
1.4 Copyright Act, 1957
1.5 Registration of Copyright
1.6 Ownership Rights
1.6.1 Reproduction
1.6.2 Communication
1.6.3 Adaptation
1.6.4 Translation
1.7 Distinction between Copyright, Patent, Trademark
References
1.8 Suggested Further Reading
1.9 Assignments
1.10.1 Class Assignment
1.10.2 Home Assignment
1.11 Summing up
1.12 Answers to Self-Check Questions
1.13 Terminal Questions
1.14 References
1.15 Suggested Further Reading
1.16 Keywords

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1. Press Registration of Books Act.

1867,1955 and Copyright Act 1957
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In Unit III of the Course „Media Acts and Laws”, we shall discuss various
Acts under the Indian Constitution. Over the seven lessons in this unit we
shall try to learn about the PRB Act, RNI, Copy right, Official Secrets Act,
RTI Act and Cinematography Act, Working Journalists Act 1955, 1958
and Young Persons Harmful Publications Act 1956

In the present lesson we shall study Press Registration of Books Act

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1.0 Objectives
After going through this lesson, you should be able to:
i) describe Press Registration of Books Act
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1.1 Introduction
To keep check on anonymous printing of literature Press &
Registration of Books Act was passed which aims at making
registration of newspapers mandatory.
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1.2 Press Registration of Books Act

During the reign of the British Government in India writing of books and other
informatory material took a concrete shape and with the advent of printing
presses various books on almost all the subjects and periodicals touching
every aspect of life started appearing. Thrust on education gave an impetus
to this with the result that lot of printed material became available. Those in
the field of writing, publishing and printing gave a thought to organize a
system for keeping a record of the publications. The then East India
Company was urged to keep a record of the publications. An attempt was

made by the authorities to make a collection of the books and other

publications emanating from the various printing presses throughout India.

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Board of Directors of East India Company issued an instruction that copies of

every important and interesting work published in India should be dispatched
to England to be deposited in the library of India House. Such an instruction
had a slow impact. Again the Royal Asiatic Society in London urged the then
Secretary of State for India to repeat the instruction of the late Board of
Directors of East India Company and also desired that catalogues of all the
works published in India should be sent to England. A system of voluntary
registrations of publications was evolved but it failed. It was found necessary
to establish a system of compulsory sale to Government, of three copies of
each work in India. To achieve this purpose a Bill was introduced in the
Legislature for the regulation of printing presses and newspaper for the
preservation of copies of books and periodicals containing news printed in
the whole of India and for the registration of such books and periodicals
containing news. Thus, the oldest surviving Act is the Press and Registration
of Books Act, 1867. It also remained the fundamental law governing the rules
for the regulation of the publication of newspapers and of having printing
presses.

Though no license or permission is required for starting and running a

newspaper, no paper can be published without complying with the provision
of this act. A declaration made in the prescribed manner before the District,
Presidency or Sub-divisional Magistrate and authenticated by him is
necessary before the newspaper is published. Similarly, no printing press
can be set without making a relevant declaration.

The act requires that the name of the printer, the place of printing and the
name of the publisher and place of publication must be legibly printed on
every book or newspaper printed/published within India.

For having a press to print books or newspapers, a declaration must be

made before the District Presidency or Sub-Divisional Magistrate giving
description of its location.

Every time a press is shifted to a new place a fresh declaration is necessary.

But if the change of the place is for a period less than 60 days, the new
location also falls within the jurisdiction of the same Magistrate, and the
keeper of the Press continues to be the same, no fresh declaration need to
be made. In that case, and intimation regarding the change of place sent
within 24 hours will suffice.

Two conditions are necessary to be fulfilled for publishing a newspaper. One,

the name of the editor must be clearly printed on every copy of the
newspaper. Two, a declaration must be made before the district, Presidency

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or Sub-Divisional Magistrate within whose jurisdiction the newspaper is to be

published, stating the following facts:

a. name of the printer and publisher

b. premises where printing and publishing is conducted
c. the title, language and periodicity of the newspaper.

The printer and publisher either in person or through an authorized agent

should make the declaration. If the printer or publisher is not the owner of the
paper, the declaration should specify the name of the owner. But, making a
declaration does not automatically pave the way for publishing a newspaper.
Publication can be started only after the said Magistrate authenticates the
declaration. Every time the title, language or periodicity is changed, the
declaration ceases to exist, and a fresh declaration must be made. Similarly, a
new declaration is necessary as often as the ownership or the place of
printing or publication of the newspaper is changed.

However, only a statement furnished to the Magistrate will suffice if the

change of place is for a period not exceeding 30 days or if he is by infirmity or
otherwise incapable of carrying out his duties for more than 90 days, then a
fresh declaration will have to be made. No person who does not ordinarily
reside in India or a minor can file a declaration or edit a newspaper.

If the declaration is made in accordance with the provisions of the law and if
no other paper bearing the same or similar title is already in existence in the
same language or the same state, then the Magistrate cannot refuse to
authenticate the declaration. However, before authentication he must make
an inquiry from the Registrar or newspapers for India RNI about the existence
of such other paper.

The authentication is an administrative and not a judicial function, and the

Magistrate must perform it without exercising his personal discretion. After
authentication the paper must be started within a specific period. The
declaration in respect of a newspaper to be published once a week or more
shall be void if it is not commenced within six weeks of the authentication. In
case of all other newspapers the time limit for commencing publication is
three months. This means that a daily, a weekly or bi-weekly newspapers
must commence publication within six weeks and a fortnightly, a monthly or a
quarterly can start publishing within three months after authentication.

The Magistrate can cancel the declaration and order closure of a newspaper,
for irregular publication. If in any period of three months, a daily, a tri-weekly,
a biweekly or a fortnightly newspaper publishes less than half the number of
issues, which it should have published in accordance with the declaration, the

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newspaper shall cease to publish. A fresh declaration must be filed before it

can be started again. In case of any other newspaper the maximum period of
non-publication must not exceed 12 months in order to keep the declaration
alive?

Two copies of each issue of a newspaper and up to three copies of each book
must be delivered, in a prescribed manner to the Government free of
expense. The Magistrate can cancel the declaration after giving opportunity to
show cause to the person concerned, if the Magistrate is satisfied on the
following counts:

 The newspaper is being published in contravention of the provisions of

this Act or rules made under it, or
 The newspaper bears a title which is the same as, or similar to that of
any other newspaper published either in the same language or in the
same state, or
 The printer or publisher has ceased to be so, or
 The declaration was made on false representation on concealment of
any material fact

The Magistrate‟s decision can be challenged in an appeal before the Press

and Registration Appellate Board. The Board comprises a Chairman and
another member nominated by the Press Council of India.

1.2.1 Penalties: If a newspaper or a book is printed or published without

legibly printing the name of the printer and publisher as also the name of the
place of printing/publishing, the printer or publisher can be fined upto two
thousand rupees or imprisoned up to six months or punished by both.

The same punishment can be awarded for keeping a press without making
declaration or for making false statement or for editing, printing or publishing
a newspaper without conforming to the rules. In the last case the Magistrate,
may in addition to this punishment also cancel the declaration in respect of
the newspaper. Non-compliance with the requirement regarding the delivery
of copies of newspaper will invite a penalty of upto Rs 30 for each default. In
case of publication of a book, the value of the copies of the book may be
charged.

1.3 Registrar of Newspaper, 1955

It was inserted in the previous act as sec19(A). There is a provision
for appointment of a Press Registrar by the Government of India for the
whole of the country. The Press Registrar maintains a register containing
the following particulars of each newspaper: Title, language, periodicity,
name of the editor, printer and publisher, place of printing and publication,

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average number of pages per week, number of days of publication in the

year, average number of copies printed, sold and distributed free, retail
selling price per copy, and name and addresses of owners.

The Press Registrar also issues a certificate of registration to the publisher

of the newspaper. He does this on receipt of a copy of the declaration from
the Magistrate who has authenticated it.

It is the duty of the publisher to furnish to the Press Registrar an annual

statement for the above particulars about his newspaper. It is also his duty
to publish such of the particulars in the newspaper as may be specified by
the Press Registrar. The Rules require the publication in the first issue
after the last day of February each year, the name, address, nationality of
the editor and publisher, and the name of all those holding one percent or
more shares in the newspaper.

The newspaper is also obliged to furnish returns, statistics and other

information as the Press Registrar may from time to time require. Non-
comp lice attract a fine of five hundred rupees. The Press Registrar has a
right of access to record and documents of the newspaper for the purpose
of collection of any information about it.

1.4 Copyright Act, 1957

Copyright is a right given by the law to creators of literary, dramatic, musical

and artistic works and producers of cinematograph films and sound recordings.
It is a bundle of rights including, inter alia, rights of reproduction,
communication to the public, adaptation and translation of the work. The only
criterion to determine whether a person is entitled to copyright protection is
originality in expression.

The term “copyright” is not defined under the Indian Copyright Act, 1957
(hereinafter referred to as “Copyright Act”). The general connotation of the
term copyright refers to the “right to copy” which is available only to the author
or the creator, as the case may be. Thus, any other person who copies the
original work would be amount to infringement under the Copyright Act.
Copyright ensures certain minimum safeguards of the rights of authors over
their creations. Creativity being the keystone of progress, no civilized society
can afford to ignore the basic requirement of encouraging the same. Economic
and social development of a society is dependent on creativity. The protection
provided by copyright to the efforts of writers, artists, designers, dramatists,
musicians, architects and producers of sound recordings, cinematograph films

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and computer software, creates an atmosphere conducive to creativity, which

induces them to create more and motivates others to create.
On the other hand, what is created by him/her cannot be claimed ownership for
generations all together as it might harm the social justice. Therefore, a term of
life plus sixty years is being adopted in India for the purpose of determining the
period of copyright. This period may vary from country to country. If copyright
protection is applied rigidly, it can hamper progress of the society. Therefore,
copyright laws are enacted with necessary exceptions and limitations to ensure
that a balance is maintained between the interests of the creators and of the
community.

Copyright may be acquired for almost all the visible things like script, photo,
book, essay, films, videos, architecture etc. and also intangible things such as
music. The most important criteria to determine whether the said article is
copyrightable or not, is based on its originality. Also copyright can be only for
things that are worth copying and not otherwise. For example, a baby scribing
in a pad cannot be copyrighted. Copyright protects the expression and not the
content or substance per se. For example, an author writes about making of an
aircraft. Here, the idea of making of the plane is not protected but the only the
way of expressing is protected. The idea is protected under the Patent law and
not under Copyright Act.

Copyright also does not protect the titles per se or the names, word or a set of
words. But there can be exceptions based on the facts and circumstances of
each case. For example, the actor Shah Rukh Khan has copyrights his name
(SRK) and the music composer A.R.Rahman copyrighted the title “Jai Ho” for
the Oscar song which is currently under litigation. It is noteworthy to mention
here that the defendant can always take a stand of cancellation of copyright in
any suit unless he is estopped by any implied or express acceptance.

Copyright may also be granted for things that would come under patents,
trademarks or designs. As copyright protects only the expression and nothing
more, it is not much preferred in practice except in case of film industry. This
will be dealt elaborately in forth coming topics.

Work in which copyright subsists (Chapter III, Section 13 of Copyright

Act)
 Literary works (including computer programmes, tables and
compilations including computer literary data bases)
 Dramatic works
 Musical works
 Artistic works
 Cinematograph films

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 Sound recordings.

1.5 Registration of Copyright

Copyright is automatic once the original work is created and it does
not require any formality. However, certificate of registration of copyright and
the entries made therein serve as prima facie evidence in a court of law with
reference to dispute relating to ownership of copyright.

Procedure for registration:

Chapter VI of the Copyright Rules, 1956 sets out the procedure for the
registration under the Copyright Act. The procedure for registration is as
follows:

a) Application for registration is to be made on Form IV (Including

Statement of Particulars and Statement of Further Particulars) as
prescribed in the first schedule to the Rules ;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed
in the second schedule to the Rules; and
d) The applications should be signed by the applicant or the advocate in
whose favour a Vakalatnama or Power of Attorney has been executed.
The Power of Attorney signed by the party and accepted by the
advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of

Further Particulars
should be replied specifically.

Both published and unpublished works can be registered. Copyright in works

published before 21st January, 1958, i.e., before the Copyright Act, 1957 came
in force, can also be registered, provided the works still enjoy copyright. Three
copies of published work may be sent along with the application.

If the work to be registered is unpublished, a copy of the manuscript has to be

sent along with the application for affixing the stamp of the Copyright Office in
proof of the work having been registered. In case two copies of the manuscript
are sent, one copy of the same duly stamped will be returned, while the other
will be retained, as far as possible, in the Copyright Office for record and will
be kept confidential.

Also it would also be open to the applicant to send only extracts from the
unpublished work instead of the whole manuscript and ask for the return of the
extracts after being stamped with the seal of the Copyright Office.

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When a work has been registered as unpublished and subsequently it is

published, the applicant may apply for changes in particulars entered in the
Register of Copyright in Form V with prescribed fee.

Some of the advantage of Registration are:

 Registration establishes a public record of the copyright claim.
 Before an infringement suit may be filed in court, registration is
necessary for works.
 Registration establishes sufficient evidence in court concerning the
validity of the copyright and the facts stated in the copyright certificate.
 If registration is made, statutory damages and attorney's fees will be
available to the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the copyright owner.
 Registration allows the owner of the copyright to record the registration
with the Indian Customs for protection against the importation of
infringing copies.

1.6 Ownership Rights

The owner of the Copyright has the following rights under the Act:

1.6.1 REPRODUCTION
The Copyright confers upon the assesses the sole right to reproduce
the authored work. In other words, no other person except the author shall
make copies (one or many) of the work or copy the substantial part of the work
in any form including sound and film recording etc without the permission of
the copyright owner. For example, a person buys a film CD and the person
makes multiple copies of it and sells it to others. This would amount to
copyright infringement.

1.6.2 COMMUNICATION
Communication to the public means making any work available to
general public for the purpose of being seen or heard or otherwise enjoyed by
the public directly or by any means of display or diffusion. It is not necessary
that any member of the public actually sees, hears or otherwise enjoys the
work so made available. For example, a cable operator may transmit a
cinematograph film, which no member of the public might have seen. Still it is a
communication to the public. The fact that the work in question is accessible to
the public is enough to say that the work is communicated to the public.

1.6.3 ADAPTATION
Adaptation involves the preparation of a new work in the same or
different form based upon an already existing work. The Copyright Act defines
the following acts as adaptations:

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a. Conversion of a dramatic work into a non-dramatic work

b. Conversion of a literary or artistic work into a dramatic work
c. Re-arrangement of a literary or dramatic work
d. Depiction in a comic form or through pictures of a literary or dramatic
work
e. Transcription of a musical work or any act involving re-arrangement or
alteration of an existing work.

For example, the book “Five Point Someone” written by Chetan Bhagat was
made as a film named “3 Idiots” in Hindi. It is noted that the concept of the
film alone was taken and not the whole of its expression. Again, the remake
of the film “3 idiots” was done in Tamil in the name of “Nanban”. Again here
some alterations were made to suit the targeted audience and therefore,
only amounted to copying of idea and not the expression.

1.6.4 TRANSLATION
Similarly, the owner has the full and sole authority to translate the
work done by him in one language to one or many other languages. Any
other person interested in doing so must get the prior permission of the
owner. For example, a film taken in English can be dubbed or remade only
by the owner or any other person with the consent of the owner.

1.7 Distinction between Copyright, Patent, Trademark

Copyrights, trademarks, and patents are commonly referred to as
“intellectual property.” Each one gives the owner exclusive rights to the
work, meaning the owner has the right to prevent anyone else from using
their work. Each one deals in different spheres and the main difference is as
follows:

A copyright protects the expression of a person‟s ideas. Copyright protection

is given to creative works like writing, computer programs, music, lyrics,
graphic designs, sculpture, photographs, movies, and sound recordings.
The expression must be “original,” which, in this context, means a work that
is not an copy of another work.
In order to qualify for a patent, an invention must be novel, which means that
it is something new. The invention must also be useful and not necessarily
very important, but it must have some use and also must not be obvious.
Non-obvious means a person who is in the field (Phosita) and understands
the subject views the invention as a surprising and significant development
in the field.

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A trademark protects something that is used to identify origin of a product or

a service. A trademark describes something and is not the thing being
described. An example of a trademark would be a corporate identity, such
as a logo, which is placed on products to inform consumers that the product
originated from that particular company.

For Example, Mr.X invents a plane that can travel in both the atmosphere as
well as space. Mr.X would get patent for the plane as the idea is novel and
non-obvious and fulfil other requirements like usefulness and technical
solution. Then Mr.X puts “X” symbol in his plane implying his creation or
show causing the source. This would be eligible for Trademark. Then after
some time he decides to write a book on the invention and provides a CD
with it. The expression of the book and CD is protected under the copyright.

Self-Check Questions
1. In the Constitution of India, _______________provides for the
appointment of Press Registrar and other officers.
2. ________________of the Registration of Books Act insists
Registration of Memoranda of Books.
3. _____________________ shall maintain a register of newspapers
in the prescribed manner.

1.10 Assignments
1.10.1 Class Assignment
Define Copyright act and its need.
1.10.2 Home Assignment
What is the significance of Press and Books registration Act?

1.11 Summing up
The Press Registrar maintains a register of newspapers in the
prescribed manner. The register may contain the following particulars
about every newspaper published in India like the title of the newspaper;
the language in which the newspaper in published, periodicity of the
publication of the newspaper, the name of the editor, printer and publisher
of the newspaper; the place of printing and publication, the average
number of pages per week and the number of days of publication in the
year to list a few.

1.12 Answers to Self-Check Questions

1.
\ Section 19 (a)
2. Section 1
3. Press Registrar

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2.

1.13 Terminal Questions

1. Explain the PRB Act
2. What is the role of registrar for newspapers of India?

1.14 References
1. Ahuja,BN: History of Press,Press law & communication, New Delhi

1.15 Suggested Further Reading

1. Basu,DD: :Laws of Press,New Delhi

1.16 Keywords
Registration the action or process of registering or of being registered

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LESSON 2 Working Journalists Act 1955 & 1958, Young

Persons Harmful Publications Act 1956

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STRUCTURE
2.0 Objectives

2.1 Introduction

2.2 Working Journalist Act, 1955 & 1958

2.3 Chapter 1 (Preliminary)

2.4 Definitions

2.5 Chapter 2: Working Journalist (Provisions)

2.6 Young Persons Harmful Publications Act, 1956

2.7 Provisions
2.8 Assignments
2.8.1 Class Assignment
2.8.2 Home Assignment

2.9 Summing up

2.10 Answers to Self-Check Questions

2.11 Terminal Questions

2.12 References

2.13 Suggested Further Reading

2.14 Keywords

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2. Working Journalists Act 1955 & 1958,

Young Persons Harmful Publications Act
1956
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We had discussed about Press & Registration of Books Act 1867 and
1955 and Copyright Act 1957. To improve the conditions of working
journalist the Indian government enacted Working Journalists Act 1955 &
1958. Young person‟s mind is very sensitive, it might get influenced by
certain kind of publication. For that the solution is Young Persons Harmful
Publications Act 1956.

In the present lesson we shall study Working Journalists Act 1955 & 1958,
Young Persons Harmful Publications Act 1956

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2.0 Objectives
After going through this lesson, you should be able to:
ii) describe Working Journalists Act 1955 & 1958
iii) define Young Persons Harmful Publications Act 1956
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2.1 Introduction
Media acts as a bridge between the system and people. And journalists are
watchdog or you may say the patron of the democracy.This act improves their
condition.

2.2 Working Journalist Act, 1955 & 1958

The Act provides for regulation for certain conditions of service of working
journalists and other persons employed in newspaper establishments. The Act
provides that for the purpose of fixing or revising rates of wages in respect of
working journalists, the Central Government as and when necessary shall
constitute Wage Board.

After receipt of the recommendations of the Board, the Central Government is

required to make an order in terms of recommendations and this order becomes
applicable on the class of newspaper establishments for which the Board has
recommended.

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2.3 Chapter 1 (Preliminary)

a) Short title and commencement.- this act may be called Working Journalists
& other Newspaper Employees (Conditions of service) and Miscellaneous
Provisions Act, 1955.

b) It extends to the whole of India, except the state of Jammu & Kashmir.

2.4 2) Definitions:
a) "Newspaper" means any printed periodical work containing public news or
comments on public news and includes such other class of printed periodical
work as many, from time to time, be notified in this behalf by central
Government in the official Gazette.

b) "Newspaper Employees" means any working Journalists and includes any

other person employed to do any work in or in relation to any newspaper
establishment.

c) "Newspaper Establishment" means an establishment under the control of

any person or body of persons, whether incorporated or not for any production
or publication of one or more newspaper or for conducting any news agency or
syndicate.

d) "Working Journalists" means a person whose principal avocation is that of a

journalist and (who is employed as such, either whole-time or part -time in, or
in relation to, one or more newspaper establishment), and includes an editor, a
leader writer, news-editor, sub-editor, feature-writer, copy-tester, reporter,
correspondent, cartoonist, news-photographer and proof-reader, but does not
include any such person who:
 is employed mainly in a managerial or administrative capacity or
 being employed in a supervisory capacity, performs, either by the nature
of duties attached to his office of by reasons of the power vested in him,
and function mainly of a managerial nature.

2.5 Chapter 2: Working Journalist (Provisions)

2) Sec 25-f of the aforesaid act, in its application to working journalist, shall be
construed as in Cl. (a) thereof, for the period of notice referred to therein in
relation to the retrenchment of a workman, the following periods in relation to the
retrenchment of a working journalist has been substituted, namely –
a) six months in case of an editor,
b) three months, in case of any other working Journalists
Termination of Service without notice-Effect thereof - where a journalist was
permitted to continue into employment even after he has attained the age of

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superannuating, but later on his service was terminated without giving him notice
or retrenchment compensation, it was held by the court that the action of the
management of the company in terminating the services was illegal and
improper.

4) Special provisions in respect of certain cases of retrenchment - Where at

any time between 14 July 1954 and 12 March 1955, any working journalist had
been retrenched he shall be entitled to receive from employer –

a) wages for one month at the rate to which he was entitled immediately
before hi retrenchment, unless he has been given one-month notice in
writing before such retrenchment; and
b) compensation which shall be equivalent to 15 days average pay for ever
completed years of service under that employer or any part thereof in
excess of six months.

5) Payment of gratuity 1) where:

a) Any working journalists has been in continuous service, whether before or

after the commencement of this Act for not less than 3 years in any
newspaper establishment and
i) his services are terminated by the employer in relation to that newspaper
establishment for any reason whatsoever, otherwise than a punishment
inflicted by way of disciplinary action or
ii) he retires from services on reaching the age of superannuating or

b) Any working journalist has been in continuous service whether before or

after the commencement of this Act for not less than 10 years in any
newspaper establishment and he voluntarily resign on or after 1st day of
July 1961 from services in that newspaper establishment on any ground
what so ever other than on the ground of conscience or
c) Any working journalist has been in continuous service whether before or
afte the commencement of this Act for not less than 3 years in any
newspaper establishment and he voluntarily resigned on or after 1st day
of July 1961, from services in that newspaper establishment on any
ground whatsoever other than on the ground of conscience or
d) Any working journalist dies while he is in service in any newspaper
establishment

There are also provisions in the act for Hours of Work, Holidays and Leaves of
the working journalists. This can further be seen in the link below:

http://hrylabour.gov.in/docs/labourActpdfdocs/working_journalists_newspaper_
empemployees.pdf

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2.6 Young Persons Harmful Publications Act 1956

• An Act to prevent the dissemination of certain publications harmful to
young persons.

Harmful Publication means any book, magazine, publication newspaper or

other like publication, leaflets which consists of stories told with the aid of
the pictures or without the aid of pictures or wholly in pictures ,being
stories potraying wholly or mainly –
 The commission of offence
 The acts of violence or cruelty
 Incidents of a repulsive or horrible nature

In such a way that the publication as a whole would tend to corrupt a

young person ,into whose hands it might fall , whether by inciting or
encouraging him to commit offence or acts of violence or cruelty or in any
other manner what so ever. A young person is a person who is under
the age of 20 yrs.

2.7 Provisions
• Sec 3 (1) If a person, Sells ,lets to hire ,distributes, publicly exhibits or in
any manner put into circulation any harmful publication. For purpose of
sale, hire, distribution, public exhibition or circulation, prints ,makes or
produces or has in his possession any harmful publication or Advertises or
makes known by any means what so ever that any harmful publication can
be procured from or through any person, he shall be punishable with
imprisonment which may extend to 6 months or with fine or with both.

• The state government ,may ,if it is of opinion after consultation with the
principal law officer of the state , whether called the advocate general or
by any other name ,that any publication is harmful , declare by order
notified in the official gazette ,that every such publication shall be fortified
to the government and every such notification shall state the ground for
the order.

• If there is no order of forfeiture ,in respect of any publication it shall be

lawful for any officer to seize the same where ever found in the territories
to which this Act extends.

• Any person aggrieved by an order of forfeiture ,passed by the state

government ,may within 60 days of the date of such order ,apply to the
high court to set aside such order , and upon such application the High
Court may pass such orders as it deems fit.

• Any police officer or any other officer empowered in this behalf by the state
government may seize any harmful publication.

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• Any magistrate by warrant authorize any police officer not below the rank
of the Sub Inspector to enter and search any place where any stock of
harmful publications may be or may be reasonably suspected to be ,and
such police officer may seize any publication found in such place if in his
opinion it is harmful publication.

• Any publication seized shall be produced ,as soon as it may be before a

magistrate and before the court which issued the warrant. 4)If in the
opinion of the magistrate or court such publication is harmful publication ,
the magistrate or court may cause it to be destroyed or disposed if they
are in opinion that such publication is harmful .

Self-Check Questions
1. A working journalist shall be eligible for casual leave at the discretion of
newspaper establishment for ___________in a calendar year.

2. According to Young Person Harmful Publication Act, 1956 a young person is a

person who is under the age of_________________.

3. Harmful Publication means any publication containing repulsive, horrible, cruel

and offensive stories. True or False

2.8 Assignments
2.8.1 Class Assignment
Discuss provisions of Working Journalist Act.
2.8.2 Home Assignment
What is the significance of Young Persons Harmful publication Act?

2.9 Summing up
The Working Journalists Act protects the working rights of the journalists. It
improves the working conditions of a journalist. Young Person Harmful
Publication Act, 1956 prohibits harmful publication which can leave a negative
impression on young minds.

2.10 Answers to Self-Check Questions

1. 15 days

2. 20 yrs

3. True

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2.11 Terminal Questions

1. Discuss the importance of Working Journalists Act, 1955

2. What are the different provisions of Young Persons Harmful Publications Act
1956?

2.12 References
Ahuja, BN: History of Press, Press Law & Communication, New Delhi

2.13 Suggested Further Reading

Basu, DD: : Laws of Press, New Delhi :Prentice

2.14 Keywords
Gratuity: Money which employee gets, when he leaves the organization

Retrenchment: Scrutiny

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________________________________________________________________

LESSON 3 Prasar Bharati Act 1990 and Cinematograph Act 1952

________________________________________________________________

STRUCTURE
3.0 Objectives

3.1 Introduction

3.2 Prasar Bharati Act, 1990

3.3 Structure

3.4 Objectives

3.5 Primary duties

3.6 Functions

3.7 Cinematograph Act, 1952

3.8 Important Provisions

3.9 Examination of films sec-4

3.10 Certification of films [sec-5A]

3.11 Appeals [sec-5C]

3.12 Constitution of Appellate Tribunal [sec-5D]

3.13 Suspension and revocation of certificate [sec-5E]

3.14 Controversies

3.15 Case

3.16 Assignments
3.16.1 Class Assignment
3.16.2 Home Assignment

3.17 Summing up

3.18 Answers to Self-Check Questions

3.19 Terminal Questions

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3.20 References

3.21 Suggested Further Reading

3.22 Keywords

________________________________________________________________

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3. Prasar Bharati Act, 1990 and

Cinematograph Act, 1952
________________________________________________________________

________________________________________________________________

We had discussed about Working Journalists Act 1955 & 1958, Young
Persons Harmful Publications Act 1956. In the present lesson we shall
study Prasar Bharati Act, 1990 and Cinematograph Act, 1952.

______________________________________________________________

3.0 Objectives
After going through this lesson, you should be able to:
i) describe Prasar Bharati Act, 1990
ii) describe Cinematograph Act, 1952
______________________________________________________________

3.1 Introduction
Prasar Bharti was established to look after public broadcasting in
the country. Earlier it was under control of the government.
Whereas Cinematography Act was passed to keep an eye on public
screening of films. CBFC was established according to this act only.
____________________________________________________________
____

3.2 Prasar Bharati Act (1990)

The first step the ruling Congress government took in response to the ‗invasion„
by crossborder satellite television was to set up be ‗Vradan Committee (1991) to
re-examine the Prasar Bharati Act (1990). The Vradan Committee suggested that
Doordarshan should devote ‗at least 20% of total broadcasting time on each
channel to socially relevant programmes„. Further, no more than ten percent in
terms of time of the programmes broadcast should be imported„. It also
recommended that ‗while dealing with any matter of controversy, the
programmes shall present all points of view in a fair and impartial manner„. The
United Front Government went a step further. It sought to draw up a
comprehensive National Media Policy which would take so account questions
such as decentralisation of television, regulation cross-media ownership,
participation by foreign media houses, role of advertising and unlinking from
Indian Territory. The Ram Vilas Paswan Committee was set up for this purpose in

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1995. It submitted a 104-page working paper with 46 recommendations on public

and private electronic media, newspapers, news agencies, and film. The
Committee had hammered out consensus on National Media Policy. Some of the
recommendations were incorporated in the Broadcasting Bill introduced in
parliament in May 1997. The Nitish Sengupta Committee (1996) was constituted
in 1996 to have another look at the Prasar Bharati Act and to suggest
amendment it submitted its report in August of the same year.

• A regulation aimed to give autonomy to the Public Broadcasting System,

was introduced in December 1989, passed in September 1990, and
notified in 1997
• The need for an autonomous public broadcast system was first felt in 1977
soon after the emergency when the Indira Gandhi government widely
misused the public broadcaster
• B.G. Varghese Committee formed after the Emergency recommended the
establishment of an autonomous PBS in India
• It provided for the formation of an autonomous Broadcasting Corporation
that would manage Doordarshan and AIR, discharging all powers
previously held by the Information and Broadcasting Ministry

3.3 Structure
• Prasar Bharati Board consist of 15 members
• Directors-General of the two organisations and two representatives from
amongst the employees
• Recommendations of the selection committee headed by the President

3.4 Objectives
• Safeguarding the citizen‟s right to be informed freely, truthfully, and
objectively, on all matters of public interest
• Paying special attention to fields that commercial broadcasters may ignore
e.g. education, agriculture, rural development, women‟s empowerment,
traditional arts, health and family welfare, etc

3.5 Primary duties

• To organize and conduct Public Broadcasting Services

• To inform, educate & entertain the public and ensure a balanced
development of broadcasting on Radio & TV
• Act provides for grant of autonomy to electronic media, namely, AIR and
Doordarshan, which was under the Government control before enactment
of this law
• The main aim of the act is that Media should be under the control of the
public as distinct from Government

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3.6 Functions

• Upholding the unity and integrity of the country and the values enshrined
in the Constitution.
• Safeguarding the citizen‟s right to be informed freely, truthfully and
objectively on all matters of public interest, national or international, and
presenting a fair and balanced flow of information including contrasting
views without advocating any opinion or ideology of its own
• Paying special attention to the fields of education and spread of literacy,
agriculture, rural development, environment, health and family welfare and
science and technology.
• Providing adequate coverage to the diverse cultures and languages of the
various regions of the country by broadcasting appropriate programmes
• Providing adequate coverage to sports and games so as to encourage
healthy competition and the spirit of sportsmanship.
• Providing appropriate programmes keeping in view the special needs of
the youth
• Informing and stimulating the national consciousness in regard to the
status and problems of women and paying special attention to the
upliftment of women
• Promoting social justice and combating exploitation, inequality and such
evils as untouchability and advancing the welfare of the weaker sections of
the society.
• Safeguarding the rights of the working classes and advancing their welfare
• Serving the rural and weaker sections of the people and those residing in
border regions, backward or remote areas
• Providing suitable programmes keeping in view the special needs of the
minorities and tribal communities.
• Taking special steps to protect the interests of children, the blind, the
aged, the handicapped and other vulnerable sections of the people
• Promoting research and development activities in order to ensure
that radio broadcast and television broadcast technology are constantly
updated
• Promoting national integration by broadcasting in a manner that facilitates
communication in the languages in India; and facilitating the distribution of
regional broadcasting services in every State in the languages of that
State.
• Providing comprehensive broadcast coverage through the choice of
appropriate technology and the best utilisation of the broadcast
frequencies available and ensuring high quality reception

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3.7 Cinematograph Act, 1952

Objective
• An act to make provision for the certification of cinematograph films for
exhibition and for regulating exhibitions by means of cinematographs

3.8 Important Provisions

Board of film censors sec-3

• The Central Government constitutes a Board to be called the Board of
Film Certification for the purpose of sanctioning films for public exhibition
• The Board consist of 25 members and a Chairperson

3.9 Examination of films sec-4

• Any person desiring to exhibit any film shall in the prescribed manner
make an application to the board for a certificate in respect there thereof,
and the Board may, after examining or having the film examined in the
prescribed manner-
• Sanction the film for unrestricted public exhibition
• Sanction the film for public exhibition restricted to adults
• Sanction the film for public exhibition restricted to members of any
profession or any class of persons, having regard to the nature, content
and theme of the film
• Direct the applicant to carry out such modifications in the film as it thinks
necessary before sanctioning the film for public exhibition under any of the
foregoing clauses; or
• Refuse to sanction the film for public exhibition

3.10 Certification of films [sec-5A]

• After examination of films, the Board grants certificate to the person
applying for
• The film suitable for unrestricted public exhibition is granted “U” certificate
• The film suitable for unrestricted public exhibition with an endorsement of
the nature is granted “UA” certificate
• The film is not suitable for unrestricted public exhibition but is suitable for
public exhibition restricted to members of any profession or any class of
persons, it shall grant to the person applying for a certificate in respect of
the film an “A” certificate or, as the case may be ,a “S” certificate
• A certificate granted or an order refusing to grant a certificate in respect of
any film shall be published in the Gazette if India.
• A certificate granted by the Board under this section shall be valid
throughout India for a period of ten years

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3.11 Appeals [sec-5C]

• Any person applying for a certificate in respect of a film who is aggrieved
by any order of the Board
(a) Refusing to grant a certificate; or
(b) Granting only an "A" certificate; or
(c) Granting only a "S" certificate; or
(d) Granting only a "UA" certificate; or
(e) Directing the applicant to carry out any excisions or modifications,
may, within thirty days from the date of such order,
prefer an appeal to the Tribunal by a petition in writing and shall be
accompanied by a brief statement of the reasons for the order appealed
against where such statement has been furnished to the appellant and by
such fees, not exceeding rupees one thousand.

3.12 Constitution of Appellate Tribunal [sec-5D]

• The Central Government shall, by notification in the Official Gazette,
constitute an Appellate Tribunal for hearing appeals against any order of
the Board under Section 5C
• The head office of the Tribunal shall be at New Delhi or at such other
place as the Central Government may, by notification in the Official
Gazette, specify.
• Such Tribunal shall consist of a Chairman and not more than four other
members appointed by the Central Government

3.13 Suspension and revocation of certificate [sec-5E]

• The Central Government may suspend a certificate granted for a period
as it thinks fit or may revoke such certificate if it is satisfied that
i) The film in respect of which the certificate was granted, was being
exhibited in a form other than the one in which it was certified, or (ii) The
film or any part thereof it being exhibited in contravention of the provisions
of this part rules made there under
• The Central Government may require the applicant for certificate or any
other person to whom the rights in the film have passed, or both, to deliver
up the certificate and all duplicate certificates, if any, granted in respect of
the film to the Board or to any person or authority specified in the said
notification.
• During the period in which a certificate remains suspended, the film shall
be deemed to be an uncertified film

3.14 Controversies
• CBFC has been associated with various scandals. Movie producers
reportedly bribe the CBFC to get 'U' certificate to avail 30% exemption in
entertainment tax despite violent scenes and coarse dialogues

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•
• A CEO of CBFC was arrested in August 2014 for accepting bribes for
speedy clearance.

3.15 Case
• CBFC became the subject of controversy again when it demanded visual
cuts and muting of words, totalling to 90 cuts in a 2016 movie Udta
Punjab.
• However, on 13 June 2016, Bombay High Court allowed the release of the
film with one cut and directed the CBFC to issue an 'A' certificate to this
film

Self-Check Questions
1. Prasar Bharti was notified in year ___________.

2. Prasar Bharti Safeguards the citizen‟s right to be informed freely, truthfully, and
objectively, on all matters of________________.
3. Prasar Bharti organizes and conduct Public ____________________.
4. CBFC provides certificates according to the content of the film. True or False.
5. U certificate is suitable for _____________________________.

3.16 Assignments
3.16.1 Class Assignment
Discuss functions of Censor Board.
3.16.2 Home Assignment
What is the significance of Prasar Bharti Act?

3.17 Summing up
Prasar Bharti look after the public broadcasting in the country. Its an independent
organization that sees Doordarshan and AIR functioning. Films are the most
beautiful medium for infotainment. As far as public screeing is concern in country
like India, every film must be checked before it goes for public exhibition. It is
necessary to have an organization like CBFC to maintain the societal order.

3.18 Answers to Self-Check Questions

1. 1997

2. Public interest

3. Broadcasting Services
4. True
5. Unrestricted public exhibition

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3.19 Terminal Questions

1. Discuss the objectives and functions of Prasar Bharti.

2. What is CBFC? What is its importance in country like India?

3.20 References
Ahuja, BN: History of Press, Press Law & Communication, New Delhi

3.21 Suggested Further Reading

Basu, DD: Laws of Press, New Delhi :Prentice

3.22 Keywords
Public Broadcasting: Government owned radio and TV channels

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_____________________________________________________________________

LESSON 4 Official Secrets Act 1923 and Right to

Information Act 2005 (Case studies)
________________________________________________________________

STRUCTURE
4.0 Objectives

4.1 Introduction

4.2 Official Secrets Act, 1923

4.3 Prosecution and Penalties

4.4 Case Study

4.5 Conflict with right to information

4.6 Meaning of Right to Information

4.7 Right to Information

4.8 Constitutional aspect of the right to information

4.9 Right to information is not absolute

4.10 Need for Right to Information

4.11 Assignments
4.11.1 Class Assignment
4.11.2 Home Assignment

4.12 Summing up

4.13 Answers to Self-Check Question

4.14 Terminal Questions

4.15 References

4.16 Keywords

________________________________________________________________

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4. Official Secrets Act 1923 and Right to

Information Act 2005 (Case studies)
____________________________________________________________

____________________________________________________________

In the last lesson we had discussed Prasar Bharati Act 1990 and
Cinematograph Act 1952. Is it important to hide some government
official information from Public? In the present lesson we shall discuss the
Official Secrets Act 1923. With this Indian Constitution incorporated the
Right to Information which was implemented in the year 2005.
____________________________________________________________

4.0 Objectives
After going through this lesson, you should be able to:
i) explain the Official Secrets Acts of 1923
ii) Explain the meaning and importance of the Right to Information
Act 2005
____________________________________________________________

4.1 Introduction
In this Act, unless there is anything repugnant in the subject or
context,- (1) any references to a place belonging to Government includes a
place occupied by any department of the Government, whether the place is
or is not actually vested in Government expressions referring to
communicating or receiving include any communicating or receiving,
whether in whole or in part, and whether the sketch, plan, model, article,
note, document, or information itself or the substance, effect or description
thereof only be communicated or received ; expressions referring to
obtaining or retaining any sketch, plan, model, article, note or document,
include the copying or causing to be copied of the whole or any part of any
sketch, plan, model, article, note, or document ; and expressions referring to
the communication of any sketch, plan, model, article, note or document.
The Official Secrets Act 1923 is India's anti espionage (Spy" and "Secret
agent") act held over from British colonisation. It states clearly that any
action which involves helping an enemy state against India. It also states
that one cannot approach, inspect, or even pass over a prohibited
government site or area. According to this Act, helping the enemy state can

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be in the form of communicating a sketch, plan, model of an official

secret, or of official codes or passwords, to the enemy. The disclosure of
any information that is likely to affect the sovereignty and integrity of India,
the security of the State, or friendly relations with foreign States, is
punishable by this act.
To safeguard the rights of the citizens and also to bridge the gap
between the governing and the governed, the Right to Information Act of
2005 guarantees any citizen to ask for an explanation to any government
query. RTI is a tool in favour of the public empowering them.
Let‟s discuss them individually.
____________________________________________________________

4.2 Official Secrets Act, 1923

This is an act, which consolidates the law relating to official secrets,
and deals with offences like spying and wrongful communication of secret
information. Section 3 of the Act says that it is an offence if any person for
the purpose prejudicial to the public safety and the interest of the state:

 Approaches, inspects, passes over or is in the vicinity of, or enters,

any prohibited place, or
 Makes any sketch, plan, model, or note which is calculated to be or
might be or is intended to be directly or indirectly useful to any other
person any secret official code or password, or any sketch, plan,
model, article or note or other document or information which is
calculated to be or might be or is intended to be directly or indirectly
useful to an enemy or which relates to a matter the disclosure of
which is likely to affect the sovereignty and integrity of India the
security of the state or friendly relations with foreign states; In a
prosecution for an offence punishable under section 3 i of the Act,
with imprisonment for a term which may extend to 14 years.

It is not necessary to show that the accused person was guilty of any particular
act tending to show a purpose prejudicial to the safety or interests of the state,
and notwithstanding that no such act is proved against him, he may be convicted
if from the circumstances of the case or his conduct or his known character as
proved, it appears that his purpose was prejudicial to the safety or interest of the
state. However, there have not been many cases of prosecution under this act. In
India, it has been widely demanded that section 3 of the official Secrets Act,
which inhibits free reporting, should be done away with. It prescribes a
punishment with imprisonment upto five years or fine or with both for a person
who voluntarily receives or communicates any official secret. The Act does so
without defining an official secret. This means that any official information, which

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has been deemed by the authorities as secret, can be published only on the pain
of punishment.

The law does not recognize the fact that it may be in the public interest to punish
certain information, which, in the opinion of the authorities, should not be
revealed. Thus, there is a clash of public interest. The question involved here is
between the public‟s right to open government and government‟s need for
secrecy.

The Second Press Commission and the Press Council of India have
recommended that Section 5 be scrapped. The commission has suggested its
replacement by provisions modeled on those of the British Freedom of
Information Bill, 1978. The Council has asked for the repeal of the Official Secrets
Act, 1923 and to enact a new legislation, which may be called Freedom of
Information Act. Exception or permissible restriction to this freedom may be
specified in the proposed Act.

4.3 Prosecution and Penalties

Punishments under the Act range from three to fourteen years
imprisonment. A person prosecuted under this Act can be charged with the crime
even if the action was unintentional and not intended to endanger the security of
the state. The Act only empowers persons in positions of authority to handle
official secrets, and others who handle it in prohibited areas or outside them are
liable for punishment.

In any proceedings against a person for an offence under this Act, the fact that he
has been in communication with, or attempted to communicate with a foreign
agent, whether within or without India is relevant and enough to necessitate
prosecution. Journalists also have to help members of the police forces above
the rank of the sub-Inspector and members of the Armed forces with investigation
regarding an offence, up to and including revealing his sources of information (If
required).

Under the Act, search warrants may be issued at any time if the magistrate feels
that based on the evidence in front of them there is enough danger to the security
of the state.

Uninterested members of the public may be excluded from court proceedings if

the prosecution feels that any information which is going to be passed on during
the proceedings is sensitive. This also includes media; so the journalists will not
be allowed to cover that particular case.

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When a company is seen as the offender under this Act, everyone involved
with the management of the company including the board of directors can be
liable for punishment. In the case of a newspaper everyone including the
editor, publisher and the proprietor can be jailed for an offence.

4.4 Case Study

In June 2002, journalist Iftikhar Gilani was, arrested for violating the OSA
1923. He was charged under the OSA, with a case under the Obscenity Act
added to it. The first military report suggested that the information he was
accused of holding was "secret" despite being publicly available. The second
military intelligence report contradicted this, stating that there was no "official
secret". Even after this, the government denied the opinion of the military and
was on the verge of challenging it when the contradictions were exposed in the
press. The military reported that, "the information contained in the document is
easily available" and "the documents carries no security classified information
and the information seems to have been gathered from open sources". On
January 13, 2004, the government withdrew its case against him to prevent
having two of its ministries having to give contradictory opinions. Gilani was
released the same month.

4.5 Conflict with right to information

In the OSA clause 6, information from any governmental office is
considered official information; hence it can be used to override Right to
Information Act 2005 requests. This has drawn harsh criticism. The Delhi high
court greatly reduced the powers of the act by ruling publication of a document
merely labelled ``secret`` shall not render the journalist liable under the law.

4.6 Meaning of Right to Information

An Act to provide for setting out the practical regime of right to information
for citizens to secure access to information under the control of public authorities,
in order to promote transparency and accountability in the working of every public
authority, the constitution of a Central Information Commission and State
Information Commissions and for matters connected therewith or incidental
thereto.

Whereas the Constitution of India has established democratic Republic. And

whereas democracy requires an informed citizenry and transparency of
information which are vital to its functioning and also to contain corruption and to
hold Governments and their instrumentalities accountable to the governed; And
whereas revelation of information in actual practice is likely to conflict with other
public interests including efficient operations of the Governments, optimum use of
limited fiscal resources and the preservation of confidentiality of sensitive
information;

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And whereas it is necessary to harmonise these conflicting interests while

preserving the paramountcy of the democratic ideal;

Now, therefore, it is expedient to provide for furnishing certain information to

citizens who desire to have it.

4.7 Right to Information

„Information‟ as a term has been derived from the Latin words „Formation‟
and „Forma‟ which means giving shape to something and forming a pattern,
respectively.

Information adds something new to our awareness and removes the vagueness
of our ideas. Information is Power, and as the Prime Minister Atal

Objections to the Official Secrets Act have been raised since 1948, when the Press Laws Enquiry
Committee recommended certain amendments. However, Mazdoor Kisaan Shakti Sangathan
MKSS, a grass roots organization in rural Rajasthan initiated the right to information movement in
a committed manner in the early 1990's. Set up by IAS officer turned- activist Aruna Roy and
several other activists, MKSS demanded the rural villagers’ right to inspect official records and to
ensure a transparent administration.

In 1996, National Campaign for People's Right to Information (NCPRI) was set up by a group of
people and it became the platform for RTI campaigns in the country. NCPRI and Press Council of
India formulated an initial draft of a right to information (RTI) law. This draft was sent to the
Government of India in 1996. The Consumer Education Research Council CERC draft was the
next effort in RTI law, which was framed in lines with international standards. In 1997, in a
conference of chief ministers it was decided that the central and state governments would work
together on transparency and the right to information. This was followed by central government
agreeing to take immediate steps to introduce freedom of information legislation, along with
amendments to the Official Secrets Act and the Indian Evidence Act, before the end of 1997. In
1997, two states passed Right to Information legislation Tamil Nadu and Goa. The Freedom of
Information bill was introduced in parliament in 2002. Meanwhile, RTI legislation was taken up by
several other states in the country. In August 2004, NCPRI called for certain amendments to the
Freedom of Information Act 2002 and it was forwarded to the National Advisory Council NAC.
NAC re commended these amendments to the Prime Minister of India for further action. Based on
this the Right to Information Bill was introduced in Parliament on 22 December 2004. In the next
session of Parliament, the bill with jurisdiction to cover the whole of India was passed. The Act
has come into effect all over India from 13 October 2005.

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Behari Vajpayee stated, the Government wants to share power with the
humblest; it wants to empower the weakest. It is precisely because of this
reason that the Right to Information has to be ensured for all.

The Freedom of Information Bill 2000 introduced in the Lok Sabha on 25th July
2000 says that:

a) Information means any material in any form relating to the administration,

operations or decisions of a public authority;

b) The bill defines public authority as any authority or body established or

constituted, By or under the Constitution,

 By any law made by the appropriate Government,

 And includes any other body owned, controlled or substantially financed
by funds provided directly or indirectly by the appropriate Government.

c) Freedom of information means the right to obtain information from any

public authority by means of-

 Inspection, taking of extracts and notes,

 Certified copies of any records of such public authority and
 Diskettes, floppies or in any other electronic mode or through printouts
where such information is stored in a computer or in any other device.

It will be interesting to mention that Press Council of India prepared a draft

Bill in 1996 to make a provision for securing right to information. This draft
Bill was named Right to Information Bill, 1996. The Institute of Rural
Development, Hyderabad also prepared a bill in 1997. Both the bills initiated
a national debate on the issue of Effective and Responsive Administration.
The Govt. of India appointed a working group on January 2, 1997. The
terms of reference of the Working Group included the examination of
feasibility and need to introduce a full-fledged Right to Information Bill. This
group recommended that legislation in this regard is not only feasible but is
also vitally necessary. The Working Group recommended that the bill should
be named as Freedom of Information Bill as the Right to Information has
already been judicially recognized as a part of the fundamental right to free
speech and expression.

4.8 Constitutional aspect of the right to information

Article 191 a) of the Constitution guarantees the fundamental

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rights to free speech and expression. The prerequisite for enjoying this right is
knowledge and information. The absence of authentic information on matters
of public interest will only encourage wild rumors and speculations and
avoidable allegations against individuals and institutions. Therefore, the Right
to Information becomes a constitutional right, being an aspect of the right to
free speech and expression, which includes the right to receive and collect
information. This will also help the citizens perform their fundamental duties as
set out in Article 51A of the Constitution. A fully informed citizen will certainly
be better equipped for the performance of these duties. Thus, access to
information would assist citizens in fulfilling these obligations.

4.9 Right to information is not absolute

As no right can be absolute, the Right to Information has to have
its limitations. There will always be areas of information that should remain
protected in public and national interest. Moreover, this unrestricted right can
have an adverse effect of an overload of demand on administration. So the
information has to be properly, clearly classified by an appropriate authority.

The usual exemption permitting Government to withhold access to information

is generally in respect of these matters:

1. International relations and national security;

2. Law enforcement and prevention of crime;
3. Internal deliberations of the government;
4. Information obtained in confidence from some source outside the
Government;
5. Information which, if disclosed, would violate the privacy of an
individual;
6. Information, particularly of an economic nature, when disclosed, would
confer an unfair advantage on some person or subject or government;
7. Information which is covered by legal/professional privilege, like
communication between a legal advisor and his client and
8. Information about scientific discoveries and inventions and
improvements, essentially in the field of weapons.

These categories are broad and information of every kind in relation to these
matters cannot always be treated as secret. There may be occasions when
information may have to be disclosed in public interest, without compromising
the national interest or public safety. For example, information about
deployment and movement of armed forces and information about military
operations, qualify for exemption. Information about the extent of defense
expenditure and transactions for the purchase of guns and submarines and
aircraft cannot be totally withheld at all stages.

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4.10 Need for Right to Information

The Right to Information has already received judicial recognition as a
part of the fundamental right to free speech and expression. An Act is needed to
provide a statutory framework for this right. This law will lay down the procedure
for translating this right into reality. Information is indispensable for the
functioning of a true democracy. People have to be kept informed about current
affairs and broad issues – political, social and economic. Free exchange of ideas
and free debate are essentially desirable for the Government of a free country. In
this Age of Information, its value as a critical factor in socio-cultural, economic
and political development is being increasingly felt. In a fast developing country
like India, availability of information needs to be assured in the fastest and
simplest form possible. This is important because every developmental process
depends on the availability of information.

Right to know is also closely linked with other basic rights such as freedom of
speech and expression and right to education. Its independent existence as an
attribute of liberty cannot be disputed. Viewed from this angle, information or
knowledge becomes an important resource. An equitable access to this resource
must be guaranteed.

Soli Sorabjee stressing on the need of Right to Information aim at bringing

transparency in administration and public life, says, "Lack of transparency was
one of the main causes for all pervading corruption and Right to Information
would lead to openness, accountability and integrity".
According to Mr. P.B. Sawant, "the barrier to information is the single most cause
responsible for corruption in society. It facilitates clandestine deals, arbitrary
decisions, manipulations and embezzlements. Transparency in dealings, with
their every detail exposed to the public view, should go a long way in curtailing
corruption in public life."

Self-Check Questions
1. The ________________ is India's anti espionage (Spy" and "Secret agent")
act held over from British colonisation.
2. The disclosure of any information that is likely to affect
the_______________________, the security of the State, or friendly
relations with foreign States, is punishable by this act.
3. Democracy requires an informed citizenry and transparency of information
which are vital to its functioning and also to contain corruption and to hold
Governments and their instrumentalities accountable to the governed. True or
False
4. Every Central Public Information Officer or State Public Information Officer, as
the case may be, shall deal with requests from persons seeking information and

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render reasonable assistance to the persons seeking such information. True or

False
5. An applicant making request for information shall be required to give any
reason for requesting the information or any other personal details except those
that may be necessary for contacting him. True or False

4.11 Assignments
4.11.1 Class Assignment
What is Official Secrets Act, 1923? Discuss its disadvantages.
4.11.2 Home Assignment
What was the need to introduce RTI Act?

4.12 Summing up
The Amendment in the Act clearly shows that a total transparency is required
between the government and the public and therefore, the Act reminded of the
powers exercised by the British government.

4.13 Answers to Self-Check Question

1. Official Secrets Act 1923
2. Sovereignty and integrity of India
3. True
4. True
5. False

4.14 Terminal Questions

1. Justify the amendment of Official Secrets Act of 1923.
2. Explain the importance of the Right to Information Act.

4.15 References
1. Ahuja, BN: History of Press, Press Law & Communication, New
Delhi
2. Basu Das Durga: Law of the Press

4.16 Keywords
1. Penalties: Punishment
2. Central Information Commission / State Information
Commission: in order to promote transparency and accountability
in the working of every public authority these commissions are
constituted.

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______________________________________________________________________

LESSON 5 Defamation, Libel & Slander(Case studies)

________________________________________________________________

STRUCTURE
5.0 Objectives
5.1 Introduction
5.2 Defamation- IPC Sec. 499
5.3 Exceptions
5.4 Acts Responsible for the Defamation
5.5 Defamation of a Group of Individuals
5.6 Who can complain for Defamation?
5.7 Punishment for Defamation
5.8 Distinction between the Criminal Law and Civil Law Relating
to Defamation
5.9 Difference between „Libel‟ and „Slander‟
5.10 Defamation Case Studies
5.11 How can be decided whether defamation done or not?
5.12 Assignments
5.12.1 Class Assignment
5.12.2 Home Assignment
5.13 Summing Up
5.14 Answers to Self-Check Questions
5.15 Terminal Questions
5.16 References
5.17 Suggested Further Reading

5.18 Keywords

________________________________________________________________

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5. Defamation, Libel & Slander (Case studies)

______________________________________________________________
In the last lesson we had discussed Official Secrets Act 1923 and Right to
Information Act 2005. The Constitution does not permit any citizen to defame
anyone else.

In the present lesson we shall discuss Defamation and its types.

______________________________________________________________

5.0 Objectives
After going through this lesson, you should be able to:
i) understand the meaning of defamation
ii) explain the acts responsible for defamation
iii) explain the punishment for defamation
______________________________________________________________

5.1 Introduction
If the Indian Constitution guarantees freedom of Speech & Expression,
it also protects the rights of the citizens. The Constitution does not permit any
citizen to defame anyone else and if anybody indulges in an act of defamation
he is subjected to be booked under Section 499 of Indian Penal Code.

5.2 DEFAMATION
Defamation is the communication of a statement that makes a claim,
expressly stated or implied to be accurate, that may give an individual,
business, product, group, government, religion or nation a negative or
inferior image.

• It can be also any disapproving statement made by one person about

another, which is communicated or published, whether true or false,
depending on legal state.
• In Common Law it is usually a requirement that this claim be false and that
the publication is communicated to someone other than the person
defamed (the claimant)

Meaning of Defamation under section 499- whoever, by words, either

spoken or intended to be read, or by signs or by visible representations, makes
or publishes any imputation concerting any person intending to harm, or
knowing or having reason to believe that such imputation will harm, the
reputation of such person, is said, except in the cases hereinafter excepted, to
defame that person.

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Explanation 1.- It may amount to defamation to impute anything to a

deceased person, if the imputation would harm the reputation of that person if
living, and is intended to be hurtful to the feelings of his family or other near
relatives.

Explanation 2.- It may amount to defamation to make an imputation

concerning a company or an association or collection of persons such.

Explanation 3.- An imputation in the form of an alternative or expressed

ironically, may amount to defamation.

Explanation 4.- No imputation is said to harm a person‟s reputation, unless

that imputation directly or indirectly, in the estimation of others, lowers the
moral or intellectual character of that person, or lowers the character of that
person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a
loathsome state, or in a state generally considered as disgraceful.

5.3 Exceptions
1. It is not defamation to impute anything which is true concerning any
person, if it be for the public good that the imputation should be made
or published. Whether or not it is for the public good is a question of
fact.

2. It is not defamation to express in good faith any opinion whatever

respecting the conduct of a public servant in the discharge of his public
functions, or respecting his character, so far as his character appears in
that conduct, and no further.

3. It is not defamation to express in good faith any opinion whatever

respecting the conduct of any person touching any public question, and
respecting his character, so far as his character appears in that
conduct, and no further.

4. It is not defamation to publish a substantially true report of the

proceedings of a Court of Justice, or of the result of any such
proceedings.

5. It is not defamation to express in good faith any opinion whatever

respecting the merits of any case, civil or criminal, which has been
decided by a Court of Justice, or respecting the conduct of any person
as a party, witness or agent, in any such case, or respecting the

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6. character of such person, as far as his character appears in that

conduct, and no further.

7. It is not defamation to express in good faith any opinion respecting the

merits of any performance which its author has submitted to the
judgment of the public, or respecting the character of the author so far
as his character appears in such performance, and no further.

8. It is not defamation in a person having over another any authority,

either conferred by law or arising out of a lawful contract made with that
other, to pass in good faith any censure on the conduct of that other in
matters to which such lawful authority relates.

9. It is not defamation to prefer in good faith an accusation against any

person to any of those who have lawful authority over that person with
respect to the subject matter of accusation.

10. It is not defamation to make an imputation on the character of another

provided that the imputation be made in good faith for the protection of
the interests of the person making it, or of any other person, or for the
public good.

11. It is not It defamation to convey a caution, in good faith, to one person

against another, provided that such caution be intended for the good of
the person to whom it is conveyed, or of some person in whom that
person is interested, or for the public good.

5.4 Acts Responsible for the Defamation

The following are the ingredients of „defamation‟:
1. Making or publishing any imputation concerning any person.
2. Such imputation must have been made by Words (either spoken or )
intended to be read; or Signs or Visible representations.
3. Such imputation must have been made with the intention of harming or
with knowledge or reason to believe that it will harm the reputation of
the person concerning whom it is made.

Imputation:- ‘Imputation‟ means accusation against a person and implies an

allegation of fact and not merely a term of abuse or insult which is dealt with in
Section 504, I.P.C.

1. Intention or Knowledge:- In order to constitute the offence of

defamation, it is not necessary that an injury to the reputation of the
complainant must have been actually caused.

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2. It is no defence that the reputation of the person attacked was so good

or that the persons attacking so badly, that serious injury to the
reputation of the complainant was not actually caused.

3. An imputation concerning a person shall be defamatory if it has been

made with the intention of harming the reputation of such other person;
or with knowledge or reason to believe that it will harm the reputation of
such person.

5.5 Defamation of a Group of Individuals

1. The definition in Section 499 refers to the reputation of a „person‟ being
injured by defamation. It provides that it may amount to defamation to
make an imputation concerning a company or an association or
collection of persons as such. Hence, there can be defamation of a
collection of persons, e.g., „the prosecuting staff‟ at a specified place;

2. But an association or collection of persons can maintain a complaint for

defamation only if it is an identifiable body, so that it is possible to say
that a group of particular persons, as distinguished from the rest of the
community, was defamed. Writing against mankind in general is no
libel. But if a well-defined class is defamed, every particular member of
that class can files a complaint even if the defamatory imputation in
question does not mention him by name.

5.6 Case Studies

The Delhi high court today asked Chief Arvind Kejriwal to explain the
meaning of the word “thulla”, which he used during a television debate on
policemen.Justice Mukta Gupta granted relief to Kejriwal by exempting him
from personal appearance in the trial court on Thursday after summons
were issued to him in a criminal defamation complaint filed by a constable,
Ajay Kumar Taneja.The trial court had summoned Kejriwal saying his
statement was prima facie defamatory and had asked him to appear in the
court on 14 July. Hearing Kejriwal‟s plea, Justice Gupta said the Aam
Aadmi Party leader must explain the meaning of “thulla” as the Hindi
dictionary doesn‟t contain this word. “If you (Kejriwal) use this word (thulla)
for somebody, you must know the meaning. You have to satisfy the court
with the meaning of the word,” said the court.Senior advocate N
Hariharan, appearing for Kejriwal, said “thulla” was not used against all
police personnel but against those indulging in wrong practices. “It is a
word with no meaning, so it is not defamatory,” he added. The court also
issued notice to Taneja and sought his response.In his complaint of 23
July last year, Taneja, posted at the Lajpat Nagar police station, claimed

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Kejriwal used the “derogatory” term in reference to police personnel on a

news channel.

 This case showed that a government cannot misuse defamation laws. 24

August 2016 SC Tells Off Jaya: Don„t Misuse Defamation To Curb
Criticism. The Supreme Court today said that criticism of public policy
could not be a ground for slapping defamation suit as it issued fresh notice
to Tamil Nadu Chief Minister J Jayalalithaa on a plea alleging abuse of
power by her.

 Another case against Mr. Arvind Kejriwal. NDMC Vice Chairman Karan
Singh Tanwar filed a case against Arvind Kejriwal. Tanwar said that
Kejriwal, two AAP legislators -- Amantullah Khan and Surender Singh --
and party convener Dilip Pandey has defamed him by levelling false
allegations. On May 19 2016, the accused hatched a criminal conspiracy
and addressed a press conference where they made false and defamatory
statements against the New Delhi Municipal Council Vice Chairman,
alleging his involvement in the murder of advocate M.M. Khan. He told the
court that Delhi Police has given him a clean chit in the murder case.
Khan, a law officer at NDMC, was murdered on May 16, 2016.Tanwar
alleged that it was done out of political rivalry as the accused have been
spreading false, frivolous and mischievous propaganda in the media and
social media against him.

5.7 Punishment for Defamation

Under section-500 of Indian Penal code, whoever defames another
person shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.

Explanation- In the matter of defamation the position of a newspaper is not in

any way different from that of member of the public in general and the
responsibility in either case is the same. The publisher of a newspaper is
responsible for defamatory matter published in such paper whether he knew
the contents of such paper or not. But it would be sufficient answer to a charge
of defamation against the editor of a newspaper if he proved that the libel was
published in his absence and without his knowledge and he had in good faith
entrusted the temporary management of the newspaper during his absence to
a competent person.
Under section 501- Whoever prints or engraves any matter, knowing or
having good reason to believe that such matter is defamatory of any person,
shall be punished with simple imprisonment for a term which may extend to
two years, or with fine, or with both.

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Under section 502- Whoever sells or offers for sale any printed or engraved
substance containing defamatory matter, knowing that it contains such matter,
shall be punished with simple imprisonment for a term which may extend to
two years, or with fine, or with both.

Under section 505.(1)- Whoever makes, publishes or circulates any

statement, rumor or report-
a) with intent to cause, or which is likely to cause, any officer, soldier,
sailor or airman in the Army, Navy or Air Force of India to mutiny or
otherwise disregard or fail in his duty as such; or

b) with intent to cause, or which is likely to cause, fear or alarm to the

public or to any section of the public whereby any person may be
induced to commit an offence against the State or against the public
tranquility; or

c) with intent to incite, or which is likely to incite, any class or community

of persons to commit any offence against any other class or
community, shall be punished with imprisonment which may extend to
three years, or with fine, or with both.

1. Whoever makes, publishes or circulates any statement or report

containing rumour or alarming news with intent to create or promote, or
which is likely to create or promote, on grounds of religion, race, place
of birth, residence, language, caste or community or any other ground
whatsoever, feelings of enmity, regional groups or castes or
communities, shall be punished with imprisonment which may extend to
three years, or with fine, or with both.

2. Whoever commits an offence specified in sub-section (2) in any place of

worship or in any assembly engaged in the performance of religious
worship or religious ceremonies shall be punished with imprisonment
which may extend to five years and shall also be liable to fine.

Exception- It does not amount to an offence, within the meaning of this

section, when the person making, publishing or circulating any such statement,
rumour or report, has reasonable grounds for believing that such statement,
rumour or report is true and makes, publishes or circulates it in good faith and
without any such intent as aforesaid.

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5.8 Distinction between the Criminal Law and Civil Law

Relating to Defamation
Since defamation is an injury to a person‟s reputation, which is considered as
his property, it constitutes an actionable wrong and gives rise to the civil
remedy of damages. It also constitutes a criminal offence, if the conditions of
Sec. 499, I.P.C., are satisfied. While the criminal law of damages is codified,
the civil law of defamation in India is not yet codified and still rests on English
common law.

 For the very reason that the criminal law of defamation is exhaustively
codified in Sec. 499, I.P.C., rules of English common law cannot be
imported to invent exceptions which are not expressly enacted in the ten
Exceptions to Sec.499.

 But the civil law being uncodified, in a civil suit for damages, the court
has to apply the corresponding rules of English common law, in so far
as consistent with the principles of justice, equity and good conscience.

 The law contained in sec.499 of the I.P.C. differs from the English law
relating to the offence of defamation in several important respects:

(i) In England, the essence of the crime of private libel is its tendency to
cause a breach of the peace. Hence, even where the defamatory
matter is not published to a third person, it will support an indictment
provided it is likely to provoke a breach of the peach. But in India,
publication is an essential condition for the criminal offence under
sec.499 of the I.P.C., as for an action for damages.

(ii) Proceeding on the basis of the test of likelihood of causing breach of

the peace, the English law of crimes draws a distinction between libel
and slander and lays down that no indictment shall lie for spoken
defamation except in certain cases of serious imputation which have an
obvious blasphemous, grossly immoral or obscene or uttered to a
Magistrate in the execution of his duties or uttered as a challenge to
fight a duel or with an intention to provoke the other party to send a
challenge. But the Indian law, as contained in Sec. 499 of the I.P.C.,
makes no distinction between written or spoken words and the offence
is constituted in either case, provided the conditions laid down in the
section are satisfied.

5.9 Difference between ‘Libel’ and ‘Slander’

The spoken defamation is called „Slander‟ while written defamation is
„Libel‟. Any person who circulates any wrong or false statements about another

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person through spoken words, it becomes Slander-defamation. And,

clearly if any person circulates wrong and disrespectful statement which can
harm the reputation of another person through written materials, it becomes
Libel-defamation.

On the other hand, the criminal law contained in Sec. 499 of the I.P.C. differs
from the Indian Law of damages for defamation in an important respect: in a
civil action for defamation, intention of the defendant is , in general, immaterial
and it is no defence in a civil action that the defendant did not intend to defame
the plaintiff.

But an essential ingredient of the offence of defamation under sec.499 of the

I.P.C. is that the imputation must be published- “intending to harm, or knowing
or having reason to believe that such imputation will harm”. Good faith on the
part of the accused is thus a good defence in a criminal prosecution but not in
a civil action for defamation except in cases of „qualified privilege‟.

5.10 Some instances of defamation

(a) Imputation of illegitimacy;

(b) Imputation of unchastity to a married woman or a widow.
(c) A false statement that a woman was raped even though it meant that she
was innocent.
(d) A statement that a person has been „acquitted‟ of a crime with which in
fact he was never charged.

5.11 How can be decided whether defamation done or not?

The form or mode in which the criticism of the Plaintiff‟s moral
character, honesty or competence in business or the like is made is immaterial,
if it has the tendency of rousing the adverse opinion of others against the
plaintiff. Thus, an action for defamation may lie, for-

(i) representing through a humorous story or caricature the plaintiff in a

ridiculous light;
(ii) publishing an edition of the plaintiff‟s established book on law, with many
errors and mistakes, without stating that it had not been edited by the
plaintiff;
(iii) calling a man a „Jew‟ to suggest that he was unscrupulous and unpatriotic;
(iv) representing an actress to be much older than she is.

In determining whether a statement is defamatory or not, the motive or

intention with which it was used by defendant is immaterial. Good faith or
ignorance of the defamatory nature of the statement is no defence, for “a man

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utters defamatory statements at his peril.” The statement is defamatory if,

under the circumstances in which the writing was published, “reasonable men
to whom the publication was made would be likely to understand it in libelous
sense”. The expression „reasonable men‟ has been interpreted to mean- “The
right thinking members of society generally”, i.e., not the cynical or hasty but
the right minded persons, who are neither extremely suspicious nor extremely
naïve.

The test of defamatory character of a statement being that of a reasonable

man, the meaning to be given to the words by the Court may not be the
meaning with which the defendant published it, but that which may be
reasonably given by the person or persons to whom it is published. The task of
interpretation, therefore, may not be easy in all cases, but the following rules
have been evolved by the courts for the interpretation of a statement alleged to
be defamatory:

[1] The statement must be read as whole, and with reference to its
context.
[2] The statement must primarily be understood in its ordinary and
natural meaning.

The Statement must refer to the Plaintiff:-

In every action for defamation the plaintiff must prove that the statement refers
to him. It is , however, not necessary to show that the defendant intended it to
refer to the plaintiff. The question in each case is not whether the defendant
intended any such reference, but whether any person to whom the statement
was published reasonably thought that the plaintiff was the person referred to.

In the other words, it is immaterial whether the defendant intended his words
to apply to the plaintiff, or knew of the plaintiff‟s existence, if it is found as a fact
that the words might reasonably be thought applicable to him by persons
acquainted with him.
This rule is an extension of the doctrine that „a man publishes defamatory
statements at his peril‟.

The statement must be published by the defendant:-

Publication is the gist of the wrong of defamation. No civil action lies if the
defamatory words are communicated only to the person spoken off; because
that cannot injure his reputation, though it may injure his self-esteem. „A man‟
reputation is the estimate in which others hold him, not the good opinion which
he has of himself. There must be communication at least to one third person.
Where therefore a libelous statement is sent straight to the person to whom it

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is written, e.g., in a sealed or registered letter addressed to the plaintiff, there is

no publication sufficient to found civil proceedings.

Publication, however, does not necessarily mean, as a common parlance,

making the contents known to the public. Publication of a defamatory
statement means the making known of the statement to any person other than
the object of it.
Communication to a single individual may therefore constitute publication,
provided such person is capable of understanding the defamatory significance
of the statement.

Thus, if a libel be transmitted in a telegram, or written on a post-card

addressed to the person defamed, that is a publication; because the telegram
must be read, and the post-card will in probability be read by some person in
the course of transmission, unless the statement is of such a nature that it
would not be understood as defamatory by persons reading it casually. If,
however, the defamatory statement is communicated by a closed cover
addressed to the plaintiff, the defendant has no reason to believe that it would
be opened or read by any person other than the plaintiff to whom it is
addressed.

Self-Check Questions
1. Whoever, by words, either spoken or intended to be read, or by signs or by
visible representations, makes or publishes any imputation concerting any
person intending to harm, or knowing or having reason to believe that such
imputation will harm, the reputation of such person, is said, except in the
cases hereinafter excepted, to defame that person. True or False
2. Whoever sells or offers for sale any printed or engraved substance
containing defamatory matter, knowing that it contains such matter, shall
be punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both is entitled to be punished under section
____________.
3. The spoken defamation is called ______________while written
defamation is __________.

5.12 Assignments
5.12.1 Class Assignment
Define defamation. What are its type
5.12.2 Home Assignment
Discuss some recent cases of defamation?

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5.13 Summing up
Any person who makes or publishes any accusation concerning any person,
knowing or having reason to believe that such accusation will harm, the
reputation of such person, is said, to defame that person. Defamation is a
punishable Act under Section 499 of Indian Penal Code.

5.14 Answers to Self-Check Questions

1. True
2. Section 502
3. Slander, Libel

5.15 Terminal Questions

1. Explain the meaning of defamation and quote few instances of
defamation
2. Differentiate between Criminal Law and Civil Law regarding defamation

5.16 References
1. Ahuja, BN: History of Press, Press Law & Communication, New Delhi

5.17 Suggested Further Reading

1. Basu, DD: :Laws of Press, New Delhi :Prentice

5.18 Keywords

1. Defamation Defamation is an injury to a man‟s reputation. The right to

reputation is an absolute right in rem, and anybody who touches the
reputation of another is said to do so „at his peril‟.
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