(UNIT 4) LAST MIN REVISION

SYLLABUS:

Unit-4. Official Secrets, Sedition, Drug and Magic Remedies (Objectionable) Advertisement Act-1954, Obscenity, Copyright, Press Council, Right to Information Act, Press Commission, Code of Ethics, Confidentiality of Sources of Information, Working Journalist and Newspapers employees Act-1955.

Official Secrets, Sedition:

🔹 OFFICIAL SECRETS

🔸 What it means:

• Related to the protection of sensitive and confidential government information.

• Mainly governed by the Official Secrets Act, 1923.

🔸 Purpose:

• To protect national security and confidential information from being leaked to enemies or the public.

• Prevent spying, leak of military secrets, or any other unauthorized disclosure.

🔸 Key Features of the Official Secrets Act, 1923:

1. Applies to all citizens of India, including government employees and journalists.

2. Any act of sharing classified documents (such as military plans, defense strategies, or communication codes) is punishable.

3. Even unauthorized possession of secret government files is an offence.

4. Journalists can be punished if they publish or receive any confidential material without permission.

5. Punishment: Can include fine, imprisonment up to 14 years, or both.

🔸 Media & Official Secrets:

• Media must avoid publishing leaked sensitive info (like war strategies, intelligence info).

• Journalists can be charged if they publish government documents without clearance.

• Often criticized because it can be misused to hide corruption or suppress free press.

🔹 SEDITION

🔸 What it means:

• Sedition is the act of inciting hatred, violence, or disaffection against the government or the country.

• Defined under Section 124A of the Indian Penal Code (IPC).

🔸 Origin:

• Introduced by the British in 1870 to suppress freedom fighters and Indian newspapers.

• Used to arrest leaders like Mahatma Gandhi, Bal Gangadhar Tilak for criticizing British rule.

🔸 Key Elements of Sedition:

1. Spoken or written words, or signs, or visuals (e.g., cartoons, posters) that try to:

   • Bring hatred or contempt toward the government.

   • Excite people to rebel or act violently against lawful authority.

2. Does not apply to criticism made in good faith.

🔸 Punishment:

• Life imprisonment, or

• 3 years imprisonment with/without fine.

🔸 Sedition vs Freedom of Speech:

• Article 19(1)(a) allows freedom of speech.

• But Article 19(2) allows restrictions in the interest of public order and security.

• Sedition law is a restriction on speech that can cause rebellion.

🔸 Important Court Judgement:

🏛️ Kedar Nath Singh v. State of Bihar (1962):

• Supreme Court said only speech that incites violence or public disorder can be called sedition.

• Peaceful criticism of government is NOT sedition.

🔸 Recent Debate:

• Many say sedition law is misused to silence dissent and target journalists or activists.

• Supreme Court (in 2022) asked the government to pause the use of sedition law and consider its re-examination.

✅ QUICK RECAP:

✅ Official Secrets:

• Law to protect confidential government info.

• Sharing secret documents without permission is a crime.

• Journalists need to be careful when reporting on security matters.

✅ Sedition:

• Crime of inciting hatred or violence against the government.

• Should not be confused with peaceful criticism.

• Courts have narrowed its use to prevent misuse.

Drug and Magic Remedies (Objectionable) Advertisement Act-1954:

🔹 1. PURPOSE OF THE ACT

• This Act was passed in 1954 to control false and misleading advertisements related to drugs and magical cures.

• Aim: To protect people from being fooled by fake promises of quick cures or magic remedies.

• Stops advertisements that misguide, exploit, or play with the emotions of people, especially those who are sick or suffering.

🔹 2. WHY THIS LAW WAS NEEDED

• In the 1950s, many companies and individuals were:

  • Selling fake medicines, oils, powders, etc.

  • Making false claims like “cure cancer in 3 days” or “100% treatment for baldness.”

• People were wasting money and risking health due to such ads.

• The government brought this law to stop such harmful advertisements.

🔹 3. WHAT THIS ACT BANS

🔸 A. Bans Advertisement of Magical Remedies:

• No one can advertise magic-based treatments like:

  • Charms

  • Talismans

  • Mantras

  • Spiritual powers

• Such things cannot be promoted as cures for any disease.

🔸 B. Prohibits False Claims for Certain Diseases:

• Ads cannot claim cures for certain serious diseases like:

  1. Cancer

  2. AIDS

  3. Diabetes

  4. Paralysis

  5. Sexual problems (like impotence, infertility)

  6. Epilepsy

  7. Asthma

  8. Baldness

  9. Obesity

  10. Leprosy
      ...and many more (a full list is given in the Act).

• These diseases need medical treatment, not fake promises.

🔹 4. WHO IS COVERED UNDER THIS ACT

• The Act applies to:

  • Individuals

  • Companies

  • Advertisers

  • Media platforms (print, radio, TV, social media, etc.)

• Even doctors or chemists can be punished if they promote such ads.

🔹 5. PENALTIES UNDER THE ACT

🔸 For First Offence:

• Imprisonment up to 6 months

• Or fine,

• Or both

🔸 For Repeat Offence:

• Imprisonment up to 1 year

• And/or higher fine

🔹 6. ROLE OF MEDIA

• Media must ensure not to publish or broadcast any ad that is banned under this law.

• Newspapers, TV channels, radio, and even digital media can be held responsible.

• Fact-checking and ethical journalism are important to protect the public.

🔹 7. EXCEPTIONS (WHEN ADVERTISING IS ALLOWED)

• Advertisement is allowed only when:

  • Approved by the Government

  • Made for educational or research purposes

  • Medical books and journals (not for public advertisement)

• These ads must still follow strict rules and not make false promises.

✅ QUICK RECAP

• Drug and Magic Remedies Act, 1954 bans false and misleading medical ads.

• Stops promotion of magic-based cures and fake treatments for serious diseases.

• Violators can be jailed or fined.

• Media must not publish such ads or they will also face punishment.

• The Act protects public health and prevents cheating of sick people.

Obscenity, Copyright, Press Council, Right to Information Act,

🔹 OBSCENITY

🔸 What it means:

• Obscenity refers to content that is sexually offensive, vulgar, or indecent, and corrupts public morals.

• It is not protected under freedom of speech (Article 19(1)(a)) if it harms public decency or morality.

🔸 Key Laws Related to Obscenity:

1. Section 292 of the Indian Penal Code (IPC):

   • Bans selling, distributing, or publishing obscene books, images, videos, etc.

   • Obscene means anything that appeals only to sexual desires and is against public morality.

2. Information Technology Act, 2000 (Section 67):

   • Bans sharing obscene content online (e.g., WhatsApp, social media).

   • Sending pornographic material through internet is punishable.

🔸 Tests to Judge Obscenity:

• Hicklin Test (British law): If even a small part corrupts the mind of a child, it is obscene.

• Modern Indian Approach: Courts now use a community standards test – depends on how society views it today.

🔸 Exceptions (What is not obscene):

• Art, literature, and education material that has social or artistic value may not be considered obscene.

• Example: A film showing nudity for awareness (like breast cancer) may not be obscene if it's made respectfully.

🔹 COPYRIGHT

🔸 What it means:

• Copyright is the legal right of the creator of original work (like books, songs, movies, articles).

• It protects the creator from copying, using, or selling of their work without permission.

🔸 Governed By:

• Copyright Act, 1957

🔸 Types of Works Protected:

1. Literary (books, articles, scripts)

2. Artistic (paintings, photos)

3. Musical (songs, music compositions)

4. Cinematographic Films

5. Sound recordings

6. Computer programs

🔸 Rights Given to the Creator:

1. Right to reproduce the work

2. Right to distribute or sell copies

3. Right to make public performances

4. Right to broadcast

5. Right to translate/adapt the work

🔸 Duration of Copyright:

• Lifetime of the creator + 60 years after death

🔸 Punishment for Violation:

• Fine and/or imprisonment

• Example: Copying songs, using someone’s video content on YouTube without permission = copyright infringement

🔹 PRESS COUNCIL OF INDIA (PCI)

🔸 What it is:

• A statutory, quasi-judicial body that regulates the press in India.

• Formed under the Press Council Act, 1978

• Maintains freedom of the press and ensures journalistic ethics.

🔸 Composition:

• Headed by a Chairperson (usually a retired Supreme Court judge).

• Includes journalists, editors, newspaper owners, and members of the public.

🔸 Functions:

1. Maintains press freedom

2. Improves the standards of journalism

3. Acts against fake news, paid news, irresponsible journalism

4. Investigates complaints against newspapers or journalists

5. Can warn or criticize a newspaper, but cannot punish or fine.

🔸 Limitations:

• No power to enforce penalties

• Works as a watchdog, not a court

🔹 RIGHT TO INFORMATION ACT (RTI), 2005

🔸 What it means:

• RTI is a law that allows every Indian citizen to ask for information from the government.

• Promotes transparency and accountability.

🔸 Who can use it:

• Any citizen of India

🔸 What information can be asked:

• Government documents, decisions, expenditures, schemes, recruitment processes, etc.

• Example: A journalist can ask how much money was spent on an event or why a road was not built.

🔸 Key Features:

1. Any government office must reply within 30 days.

2. RTI can be submitted offline or online.

3. Every public authority has Public Information Officers (PIOs) to handle RTI requests.

4. If the information is not given, you can appeal to higher officers or Information Commission.

🔸 Exceptions (what can’t be shared):

• National security

• Personal/private info of individuals (like medical records)

• Cabinet papers, defence strategies, etc.

🔸 Importance for Media:

• Journalists use RTI to:

  • Investigate corruption

  • Expose scams

  • Verify facts for stories

✅ QUICK RECAP:

✅ Obscenity:

• Content that is sexually offensive and against public decency.

• Banned under IPC & IT Act.

• Exceptions for art, education, and awareness.

✅ Copyright:

• Legal protection for creators.

• No one can copy or sell your work without permission.

• Covers music, books, films, art, etc.

✅ Press Council:

• A body that promotes ethical journalism.

• Can warn or criticize newspapers but can’t punish.

✅ RTI Act:

• Citizens have the right to ask questions to the government.

• Helps in exposing corruption and ensuring accountability.

Press Commission, Code of Ethics, Confidentiality of Sources of Information, 

🔹 PRESS COMMISSION

🔸 What is a Press Commission?

• A government-appointed body to study and give suggestions for improving the press (news media) in India.

• It studies problems faced by the media and recommends reforms.

🔸 First Press Commission (1952):

1. Formed after India got independence.

2. Objective: To strengthen free and responsible press.

3. Recommended:

   • Creation of a Press Council of India.

   • Training for journalists.

   • Improvement in working conditions.

   • Protection of freedom of press.

🔸 Second Press Commission (1978):

1. Appointed under Justice P.K. Goswami.

2. More focus on ethics, ownership of media, and role of the press in democracy.

3. Recommended:

   • Formation of media commissions at state level.

   • More regulation on monopoly and paid news.

   • Proper wages and rights for journalists.

   • Encouragement for regional language journalism.

🔹 CODE OF ETHICS FOR JOURNALISTS

🔸 What is it?

• A set of moral and professional rules that journalists must follow.

• Ensures honest, fair, and responsible journalism.

🔸 Important Principles in the Code:

1. Truth and Accuracy

   • Only publish verified and true information.

   • Avoid spreading rumors or fake news.

2. Fairness and Objectivity

   • Report without bias or taking sides.

   • Give both sides of a story.

3. Independence

   • No political, commercial, or personal influence.

   • Journalists should remain neutral.

4. Humanity

   • Avoid content that hurts emotions, especially during tragedies.

   • Don’t show graphic violence or private trauma.

5. Accountability

   • If you publish something wrong, correct it publicly.

   • Be open to criticism and feedback.

6. No Plagiarism

   • Do not copy someone else’s work.

   • Give proper credit to original creators.

🔸 Who Gives the Code?

• Press Council of India (PCI) issues a code of conduct for newspapers and journalists.

• News Broadcasters & Digital Association (NBDA) gives ethical guidelines for TV news.

🔹 CONFIDENTIALITY OF SOURCES OF INFORMATION

🔸 What it means:

• Sources are people who give information to journalists (like whistleblowers or insiders).

• Journalists often promise not to reveal their identity to protect them.

🔸 Why Confidentiality is Important:

1. To protect the safety of the source.

2. To encourage more people to come forward with important information.

3. To ensure freedom of the press and independent journalism.

🔸 Indian Legal Position:

• Indian laws do not clearly guarantee protection of sources.

• But courts generally respect journalists’ right to protect their sources.

• No specific law, but part of freedom of the press under Article 19(1)(a).

🔸 When Journalists Might Be Forced to Reveal Sources:

• In serious criminal cases, courts may ask journalists to reveal sources if:

  • It is necessary for national security.

  • It is in public interest.

  • It is required to ensure justice.

🔸 Global Practice:

• Many countries have "shield laws" to protect journalists from revealing sources.

• India does not have a formal shield law yet.

✅ QUICK RECAP:

✅ Press Commission:

• Advisory body to improve Indian press.

• First in 1952, second in 1978.

• Suggested training, ethics, and freedom protection.

✅ Code of Ethics:

• Journalists must report with truth, fairness, and responsibility.

• Follow honesty, no bias, protect dignity, and avoid fake news.

✅ Confidentiality of Sources:

• Journalists have a duty to protect their sources.

• No direct law, but protected as part of freedom of press.

• Courts may ask for source in serious situations.

Working Journalist and Newspapers employees Act-1955.

🔹 1. WHY THIS ACT WAS MADE

• Before 1955, journalists and newspaper workers had no job security, low wages, and poor working conditions.

• They had no fixed working hours and could be fired anytime.

• The government introduced this law in 1955 to protect the rights of journalists and newspaper employees.

• The law was made to ensure that the media workers are treated fairly and with dignity, like workers in other sectors.

🔹 2. PURPOSE OF THE ACT

• To regulate the working conditions of journalists and other employees in newspaper establishments.

• To fix wages, set working hours, and provide other job-related benefits.

• To give journalists the status of "workers" under labor laws.

🔹 3. WHO IS COVERED UNDER THIS ACT

• Applies to:

  • Working journalists (editors, reporters, sub-editors, etc.)

  • Non-journalist newspaper employees (clerks, printers, proofreaders, etc.)

• Covers all newspaper establishments in India, big or small.

🔹 4. MAIN PROVISIONS OF THE ACT

🔸 A. Fixing of Wages

• Wages of journalists and newspaper employees are fixed by a Wage Board.

• Wage Board is set up by the Central Government.

• It includes representatives of employers, employees, and independent members.

• The board decides fair salaries based on job role, experience, and location.

🔸 B. Working Hours

• Journalists should not work more than 6 hours per day for news gathering (in the field).

• General working hours: Should not exceed 144 hours in 4 weeks.

• If extra hours are worked, they should be paid overtime.

🔸 C. Leave and Holidays

• Journalists are entitled to:

  1. Earned Leave – 1 day for every 11 days of work.

  2. Casual Leave – 15 days per year.

  3. Maternity Leave – For female employees (as per Maternity Benefit Act).

  4. Public Holidays – As per government rules.

🔸 D. Job Security

• Journalists cannot be removed or suspended without proper reason.

• If they are to be removed, they must get notice or salary in place of notice.

• Protection from unfair dismissal.

🔸 E. Provident Fund and Gratuity

• Newspaper establishments must provide:

  • Provident Fund (PF)

  • Gratuity after a certain period of service.

• These are retirement benefits to support employees after they leave the job.

🔹 5. RIGHTS OF JOURNALISTS UNDER THIS ACT

• Right to fair wages

• Right to fixed working hours

• Right to paid leave and holidays

• Right to protection from unfair firing

• Right to retirement benefits

• Right to approach the Labor Court in case of dispute

🔹 6. ROLE OF GOVERNMENT

• The Central Government has the power to:

  • Set up Wage Boards

  • Make rules under this Act

  • Ensure that newspaper companies follow the law

  • Inspect establishments and take action against violators

🔹 7. PENALTIES FOR NON-COMPLIANCE

• If any newspaper company fails to follow the rules, it can be:

  • Fined

  • Taken to labor court

  • Inspected by authorities

• Employees can file complaints if their rights are denied.

✅ QUICK RECAP:

✅ What is it?

• A 1955 law to protect working journalists and newspaper staff.

✅ What does it do?

• Fixes wages, working hours, leave, job security, and benefits.

✅ Who benefits?

• Journalists and non-journalist employees in newspaper companies.

✅ Who ensures it?

• Wage Boards and the Central Government.