SVKM’s Narsee Monjee Institute of Management Studies
School of Law
Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102
Semester: II
Module: Journalism & Mass Communication
Unit V Media Laws and Ethics
By
Ms. Bhoomika Ahuja
Assistant Professor
Media Laws and Ethics
• Obscenity
• Right to Information and Confidentiality of Sources & of Information
• Right to Privacy
Resources
• https://www.thenewsmanual.net/Manuals%20Volume%203/volume3_60.htm
• https://patrakardefence.in/blog/protection-of-source-for-journalists/
Obscenity
• Obscenity is a legal term that refers to anything
that offends a person's morals. This may be doing
something that is indecent, lewd, or obscene.
• Obscenity is commonly used in reference to
pornography, though it pertains to much more.
The courts have found determining just what
qualifies as obscenity, as it is subject to each
individual person's moral values. The term often
applies to erotic content in books, magazines, and
films.
Obscenity, Media And The Freedom Of Expression
• India is one of the world’s largest democracies. The culture of mass media came to India in the first half of the
18th Century with print, movie screening and radio broadcasting making its entry in the 1780s.
• The media has always maintained its individuality post-independence, However the difference in the opinions
related to what is communicated, circulated or published by the media has existed since time immemorial.
• There have been circumstances where people form an opinion that some materials are against the cultural
values of the society and then such materials are placed within the bracket of ‘obscenity’. Events from the
past have shown how writers, actors and painters face prosecution on the charges of propagating the alleged
obscene materials.
• While according to some there is a need to shield our society from such obscene materials, the events
suggest that there may be a possibility that the gaps in the laws related to obscenity in India have led to
adoption of a series of actions that are of arbitrary nature and the satisfaction provided is of subjective
nature.
• With the growth of mass media over the last few decades, it is of the utmost importance to have a clear
vision of what forms a prohibited act. Situations have changed manifold with television and internet
becoming another platform for artists to express their views along with literary work, paintings and films
which has resulted in attempts to define, objectify and removal of what is obscene through various statutory
provisions.
Obscenity
• Legal Provisions
Various legal provisions including sections, acts and codes have been discussed for highlighting Indian scenario against
obscenity. The legal provisions against obscenity are as follows:
• Indian Penal Code, 1980
Section 292 of the Indian Penal Code, laid down three tests to understand the term obscenity which are as follows:
A book, pamphlet, paper, writing etc., shall be deemed to be obscene if it is:
• lascivious; or
• appeals to the prurient interest; or
• if its effect or where it is more than one item, the effect of any one of the items, if taken as a whole, is such as to rend
to deprave and corrupt persons who are likely, having regard to all the relevant circumstances to read, see or hear it.
• If all the above conditions are fulfilled then the matter would be considered as obscene and the same would be punishable
under law.
Obscenity
• Legal Provisions
• Cable Television Networks (Regulation) Act, 1995: This act prohibits the transmission of advertisements on
the cable network which are not in conformity with the Advertisement Code. The Advertisement Code is
set out under Rule 7 of the Cable Television Network Rules, 1994. Contravention of these provisions attracts
liabilities. The Advertisement Code states that no advertisement shall be permitted which derides any race,
caste, colour, creed and nationality.
• The Information Technology Act, 2000: This particular act has been brought about aims to facilitate the
development of a secure regulatory environment for electronic commerce. Thus while, it is admittedly a
statute leaning towards regulation of commercial activities, it has several provisions, which refer to
penalties and offences. The legislators very clearly intend this to be the fundamental umbrella legislation to
govern computer- related activity in India.
• The Indecent Representation Of Women [Prohibition] Act, 1986: This act states that depiction of the
figure, body, or any part of a woman's body, which is demeaning women or likely to corrupt Public Morality
is a punishable offence. The Act punishes the indecent representation of Women , which means the
depiction in any manner of the figure of a woman; her form or body or any part thereof in such way as to
have the effect of being indecent, or derogatory to, or demeaning to women, or is likely to deprave, corrupt
or injure the public morality or morals.
Obscenity
• Tests for Obscenity- Hicklin test: The Hicklin's test was laid down in English law in the case
of Regina v. Hicklin. On Application of Hicklin's test, a publication can be judged for
obscenity based on the isolated part of the work considered out of the context. While
applying Hicklin's test the work is taken out of the whole context of the work and then it is
seen that if that work is creating any apparent influence on most susceptible readers, such
as children or weak-minded adults.
• Roth Test: In 1957, a new test was developed by US courts to judge obscenity in case of
Roth v. United States, In this case it was held that only those sex-related materials which
had the tendency of exciting lustful thoughts were found to be obscene and the same has
to be judged from the point of view of an average person by applying contemporary
community standards. This test was sharper and narrower than the Hicklin's test as it does
not isolate the alleged content but limits itself to the dominant theme of the whole
material and checks whether, if taken as a whole, it has any redeeming social value or not.
Right to Information and Confidentiality of
sources & of information
The Right to Information (RTI) and the Confidentiality of Sources & Information are two
crucial but sometimes conflicting aspects of Media Law. Their relationship is shaped by
principles of transparency, press freedom, and ethical journalism.
Definition of “Right to Information” [Section 2 (j)]
Right to information accessible under the RTI Act which is held by or under the control of any
public authority and includes the right to—
(i) Inspection of work, documents, records;
(ii) Taking notes, extracts or certified copies of documents or records;
(iii) Taking certified samples of material; obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic mode or through printouts
where such information is stored in a computer or in any other device.
Right to Information and Confidentiality of
sources & of information
1. Right to Information (RTI) and Media Law
• The Right to Information (RTI) is a fundamental legal right that empowers citizens to access
information held by government bodies, fostering transparency and accountability in governance.
• This right plays a crucial role in strengthening democratic values by enabling individuals to scrutinize
public policies, track decision-making processes, and hold authorities accountable.
• For journalists, RTI laws serve as an essential tool for investigative reporting, allowing them to
obtain official records, expose corruption, and inform the public about government actions and
policies.
• By leveraging RTI, the media can uncover discrepancies in governance, highlight issues affecting
citizens, and ensure that power remains in check. Furthermore, media laws often reinforce RTI as
an extension of freedom of the press, ensuring that vital public interest information remains
accessible.
• A strong RTI framework, coupled with media freedom, enhances the role of journalism as the
fourth pillar of democracy, enabling a well-informed and empowered citizenry.
Right to Information and Confidentiality of
sources & of information
1A. Legal Basis of RTI in Media Law
RTI is recognized as a fundamental right in many democratic countries, often linked to
freedom of speech and expression. For example: India: RTI Act, 2005, allows citizens
(including journalists) to request information from public authorities. The Supreme Court has
interpreted RTI as part of Article 19(1)(a) (Freedom of Speech and Expression).
1B. Role of RTI in Journalism
• Access Official Records: Journalists request government documents, reports, contracts, and
decisions to verify facts and uncover hidden details.
• Expose Corruption & Malpractice: RTI has helped uncover corruption scandals, financial
mismanagement, and administrative inefficiencies.
• Hold Government Accountable: Media outlets use RTI to fact-check government claims and track
policy implementation.
• Promote Transparency & Public Awareness: Journalistic investigations based on RTI findings educate
the public about governance issues.
Right to Information and Confidentiality of
sources & of information
1C. RTI as an Extension of Press Freedom
Media Laws & Constitutional Rights: Many media laws recognize RTI as a crucial component of freedom of the
press. Without access to official records, journalists cannot perform their watchdog role effectively.
Public Interest vs. State Secrecy: RTI laws help journalists challenge unnecessary government secrecy and
promote open governance. However, exemptions exist for national security, trade secrets, and privacy.
1D. Challenges to RTI in Media:
• Governments often deny RTI requests citing security or administrative reasons.
• Bureaucratic delays and lack of digitization make accessing information difficult.
• Whistleblowers and journalists face threats for exposing sensitive information.
RTI strengthens investigative journalism by giving reporters legal access to government-held information. While
media laws protect journalists’ right to access public records, conflicts arise when governments restrict
information under the guise of national security or confidentiality. Ensuring a strong RTI framework is essential
for a free and transparent press.
Right to Information and Confidentiality of
sources & of information
2. Confidentiality of Sources & Information in Media Law
The terms "confidence" and "confidentiality" originate from the Latin word for trust. When
information is given in confidence, it generally implies a promise not to disclose the source
of the information. A confidential informant relies on the recipient to keep their identity
secret. Accepting non-attributable information is one of the most common examples of
confidentiality.
Individuals often request confidentiality due to concerns about others discovering that
they have shared information. There are various reasons why confidentiality may be
necessary:
- They may fear punishment from their superiors for disclosing information.
- They may worry about how others will perceive them if it becomes known that the information
originated from them.
- They may hold positions of authority but be restricted by regulations governing official statements.
Right to Information and Confidentiality of
sources & of information
2. Confidentiality of Sources & Information in Media Law
The confidentiality of sources is a fundamental principle in journalistic ethics. Journalists
depend on individuals to provide information, and at times, those individuals prefer to
remain anonymous. Although it is generally preferable to attribute statements to named
sources, certain circumstances require quoting a source without revealing their identity. If
a journalist discloses the identity of a source who provided information in confidence, it
constitutes a breach of trust. This not only discourages that source from sharing
information in the future but also damages the journalist’s credibility. A lack of trust in one
journalist may extend to the entire profession, ultimately weakening its integrity.
Additionally, it is crucial to avoid inadvertently revealing clues about an anonymous
source’s identity. This requires careful phrasing when describing how information was
obtained and, in some cases, omitting newsworthy details that could expose the source.
Right to Information and Confidentiality of
sources & of information
2. Confidentiality of Sources & Information in Media Law
Journalists often rely on whistleblowers, insiders, and anonymous sources to expose
wrongdoing.
Confidentiality is protected under press freedom laws to ensure that sources are not
discouraged from sharing sensitive information due to fear of retaliation.
Many countries have shield laws or journalistic privilege that prevent courts from forcing
journalists to reveal their sources.
The confidentiality of sources is a cornerstone of press freedom and investigative
journalism. It allows journalists to protect the identities of whistleblowers, insiders, and
other sources who share sensitive or classified information. Without confidentiality, many
sources would hesitate to reveal wrongdoing due to fear of retaliation, legal consequences,
or professional repercussions.
Right to Information and Confidentiality of
sources & of information
Importance of Source Confidentiality in Journalism
• Encourages Whistleblowing and Transparency
• Many public interest stories—such as corruption, abuse of power, and corporate fraud—come from insiders who risk
their careers or safety to expose wrongdoing.
• Promotes Investigative Journalism
• Journalists need confidential sources to access information that governments and corporations may try to hide.
• Investigative reports on human rights abuses, political scandals, and financial crimes often rely on anonymous
sources.
• Ensures Press Freedom and Independence
• If journalists are forced to disclose sources, they may lose credibility and face legal consequences.
• The ability to protect sources strengthens the independence of the press, preventing government or corporate
influence.
Right to Information and Confidentiality of
sources & of information
Does Indian Law Offer Protection To Journalists’ Sources?
• While all Indian citizens have the right to freedom of speech and expression
under Article 19 of the Constitution of India, this is not an unconditional or
absolute right, and is subject to reasonable restrictions or conditions. India
does not have any comprehensive law that protects journalists from being
made to reveal their sources in legal proceedings. Some laws offer protection
to sources in specific contexts. The 93rd and 185th Reports of the Law
Commission of India recommended that journalistic privilege, subject to
reasonable restrictions, should be codified into law. There has been no
development on this, since, unfortunately.
Right to Information and Confidentiality of
sources & of information
Does The Whistleblower Protection Act, 2014 Enable Protection Of Journalistic Sources?
• The Whistleblower Protection Act, 2014 offers protection to people disclosing acts of
corruption, willful misuse of power, or criminal offences by public servants, in public
interest. This includes all public servants, including ministers, MPs, members of the lower
judiciary (District Court judges), regulatory authorities, central and state government
employees. These disclosures are made to a Competent Authority under the Act (differs,
depending on the type of public servant against whom an allegation is raised), who must
conduct a discreet inquiry, and conceal the identity of both the complainant and the
public servant. The Act also incorporates provisions for safeguards against victimsation,
protection of witnesses and protection of the complainant’s identity. This protection of
identity is offered only with respect to disclosures made before a Competent Authority as
defined under the Act i.e. in cases where information regarding wrongdoing by public
servants is being disclosed.
Right to Information and Confidentiality of
sources & of information
What Role Does The Press Council Of India Play In Protection Of Journalistic Sources?
• Source protection is offered to journalists in proceedings before the Press Council of India
under the Press Council of India Act, 1978. The Press Council of India is supposed to act to
preserve the independence of media in India and maintain high standards of reporting
and journalism. To this end, the Press Council of India is empowered to conduct enquiries,
and is vested with powers of civil courts to conduct enquiries and discharge its other
functions. No newspaper, news agency journalist, or editor can be compelled to reveal
their source(s) in proceedings before the Press Council of India.
Right to Information and Confidentiality of
sources & of information
The Conflict Between RTI and Source Confidentiality
Public's Right to Know vs. Source Protection: While RTI supports access to
information, it can clash with confidentiality when authorities seek to uncover
journalistic sources.
Government Secrecy vs. Press Freedom: Governments may deny RTI requests under
the guise of confidentiality, while journalists argue for disclosure in the public interest.
Legal Dilemmas: Courts often have to balance RTI with media protections, deciding
whether public interest justifies revealing confidential information.
Right to Privacy in Media Law
• https://www.lawjournals.org/assets/archives/2024/vol10issue2/%20
10069.pdf
• https://ijcrt.org/papers/IJCRT2207652.pdf
