Media Laws notes
Paper link 2024
Paper link 2023
Syllabus link
(previous year questions at the end)
Media and law notes for LLB 3rd Semester LLB students of DAVV
Key questions
- media, types, importance
- consittutionality of freedom of press
- contempt and types and its defences against it
- ownership patterns and changes in recent times
- censorship and provisions of cinematograph act 1952
- constitutionality of pre-censorship in films versus press
- test of obscenity in indian courts
- press council act
- prasar bharti act
- Working Journalists (fixation of rates of wages) act, 1958
- internet privacy, data protection, abuse of private information
Q1 Mass media. Types. Importance.
Mass media refers to a variety of communication platforms that are used to disseminate information, entertainment, news, and advertisements to a large audience. These platforms can reach a vast number of people simultaneously, often across large geographic areas. Key characteristics of mass media include its ability to influence public opinion, shape cultural norms, and provide a forum for public discourse.
Common Types of Mass Media:
- Print Media: Newspapers, magazines, and books.
- Broadcast Media: Television and radio.
- Digital Media: Websites, social media platforms, and streaming services.
- Outdoor Media: Billboards, posters, and public installations.
Mass media plays a crucial role in modern society by informing, educating, and entertaining the public, while also serving as a platform for advertising and political communication.
Print media refers to physical publications that disseminate information, news, and entertainment to the public. It is one of the oldest forms of mass communication and includes a variety of printed formats.
Key Types of Print Media:
Newspapers: Periodical publications, typically issued daily or weekly, that provide news, opinions, advertisements, and other content. Examples include daily broadsheets and tabloids.
Magazines: Periodicals published weekly, monthly, or quarterly, covering a wide range of topics such as fashion, technology, health, and entertainment.
Books: Long-form publications that cover a wide range of genres and subjects, from fiction to non-fiction, biographies, and academic texts.
Pamphlets and Brochures: Short, informative booklets or leaflets used for advertising, education, or political campaigns.
Journals: Scholarly or professional publications that focus on specific fields of study or professional interests, often peer-reviewed.
Newsletters: Regularly distributed publications focused on specific industries, organizations, or interest groups, providing updates and information.
Advantages of Print Media:
- Tangibility: Physical presence allows for easier archiving and a sense of permanence.
- Credibility: Often perceived as more trustworthy and reliable compared to some digital sources.
- Targeted Reach: Can target specific demographics or niches based on the publication’s focus.
Challenges of Print Media:
- Declining Readership: With the rise of digital media, print media faces challenges in maintaining readership.
- Cost: Printing and distribution can be expensive compared to digital formats.
- Limited Interaction: Unlike digital media, print lacks interactive capabilities and instant feedback.
Despite these challenges, print media continues to play a vital role in providing in-depth analysis, investigative journalism, and quality content.
Broadcast media refers to channels of mass communication that transmit information, entertainment, and news to a broad audience through audio and visual signals. This form of media reaches a wide audience simultaneously and includes both live and recorded content.
Key Types of Broadcast Media:
Television:
- Combines visual and auditory elements to deliver news, entertainment, educational programs, and advertisements.
- Can be further divided into different types such as terrestrial, cable, and satellite TV.
Radio:
- An audio-based medium that broadcasts news, music, talk shows, and advertisements.
- Includes AM, FM, and digital radio.
Cinema:
- Motion pictures shown in theaters can be considered a form of broadcast media, especially when films are widely distributed to mass audiences.
Internet Streaming (partly overlapping with digital media):
- Platforms that broadcast live events, TV shows, and radio online. Examples include live-streaming services like YouTube Live or Twitch.
Advantages of Broadcast Media:
- Wide Reach: Capable of reaching millions of people simultaneously, making it effective for mass communication.
- Timeliness: Provides real-time updates and live coverage of events.
- Accessibility: Television and radio are accessible to a broad audience, including those without
Key Types of Electronic Media:
Television:
- Combines audio and visual content to provide news, entertainment, educational programming, and advertisements.
- Includes various formats such as terrestrial, cable, satellite, and smart TV streaming.
Radio:
- An audio-only medium that broadcasts news, music, talk shows, and other content.
- Available through traditional AM/FM bands, satellite radio, and online streaming.
Internet and Digital Media:
- Encompasses websites, social media platforms, online news portals, podcasts, streaming services (e.g., Netflix, YouTube), and mobile apps.
- Allows for interactive content, real-time updates, and user-generated content.
Cinema:
- Uses electronic projection systems to display movies in theaters.
- Digital cinema has replaced traditional film reels with digital projection technology.
Mobile Media:
- Involves smartphones and tablets as platforms for consuming media content, including apps for news, social media, and streaming services.
Advantages of Electronic Media:
- Instantaneous Delivery: Provides real-time or near-real-time access to information and entertainment.
- Interactivity: Especially in digital formats, allowing users to interact, share, and comment.
- Wide Accessibility: Can reach a global audience, breaking geographical barriers.
- Multimedia Capability: Combines text, audio, video, and interactive elements for a richer user experience.
Challenges of Electronic Media:
- Digital Divide: Access may be limited by technological infrastructure and economic disparities.
- Information Overload: The vast amount of available content can overwhelm users and make it difficult to find credible information.
- Privacy Concerns: Data collection and privacy issues are prevalent, particularly with internet-based platforms.
Electronic media has transformed communication by making information more accessible and interactive, significantly influencing how people consume news, entertainment, and educational content.
Importance of mass media
Importance of Mass Media:
-
Information Dissemination
- News and Updates
- Public Awareness
-
Education
- Knowledge Sharing
- Public Service Announcements
-
Entertainment
- Cultural Enrichment
- Stress Relief
-
Public Opinion and Debate
- Forum for Discussion
- Influence on Public Opinion
-
Cultural Preservation and Promotion
- Cultural Diversity
- Global Cultural Exchange
-
Social Integration and Cohesion
- National Integration
- Community Building
-
Economic Impact
- Advertising and Marketing
- Job Creation
-
Political Influence
- Government Communication
- Accountability and Transparency
-
Innovation and Technological Advancement
- Adoption of New Technologies
- Interactive Platforms
b) explain with decided cases
c) grounds in constitution on which it can be restrained
Yes the freedom of press is derived from and is a sub-set of the fundamental right of freedom of speech and expression contained in Art 19 A.
Article 19(1)(a) - Freedom of Speech and Expression:
right to publish - Media outlets can report news, opinions, and information without prior censorship or governmental interference.
right to circulate - The right to circulate of the press also includes the freedom to decide the volume of circulation. This right can only be restricted if it goes against the reasonable restrictions given in Article 19(2) of the Constitution of India which includes security of state, public order etc.
The Supreme Court in the case Bennet Coleman and Co. v Union of India (1972) held that newspapers should be left to determine their pages and their circulation. The same principle was upheld in Sakal Papers v Union of India (1962) where the Supreme Court stated that States cannot make laws which directly violate the freedom of speech and expression guaranteed under the Constitution.
right to receive information - While not absolute, media has the right to access certain types of information, especially when it pertains to matters of public interest.
right to advertise, The freedom of speech and expression under Article 19(1)(a) of the Constitution of India, 1950 also includes the right to advertise or the right of commercial speech. This right was upheld in the case of Tata Press Ltd v. MTNL (1995).
The Supreme Court in Hindustan Times v State of UP (2003) discussed the important role advertisements play in generating revenue and how they have a direct impact on circulation, thus reiterating the right to advertise in newspapers.
The Supreme Court in Sakal Papers v Union of India (1962) stated that the curtailment of advertisements is a violation of the freedom of speech and expression under Article 19(1)(a) of the Constitution of India, 1950 as it would have a direct impact on the circulation of newspapers.
right to report court proceedings - Journalists have the right to attend proceedings in court and the right to publish a faithful report of the proceedings witnessed and heard in Court. Courts also have the power to restrict the publicity of proceedings in the interest of justice.
The Supreme Court case Naresh Shridhar v State of Maharashtra (1967) clarified this further stating that Courts can hold “in camera proceedings”, restricting access to the public and the press, where the Court feels that justice would be defeated if the case were to be tried in open Court.
The Supreme Court in Sahara Real Estate v. SEBI (2012) held that Courts also have the power to pass orders to postpone the reportage by the press for a limited duration in the interest of justice.
The press also have a right to report legislative proceedings of the Parliament and State Assemblies as long as the publication is untainted by malice. This is a right that is also given in the Parliamentary Proceedings (Protection of Publication) Act, 1977.
right to conduct interviews: The right to conduct interviews is a limited right of the press and can only be exercised if there is willing consent from the person being interviewed. There are several cases of the Supreme Court where the right of the press to interview convicts or undertrials has been examined.
In Prabhu Dutt v Union of India (1982) the press was seeking to interview prisoners in jail. The Court held that the press does not have an absolute or unrestricted right to information and an interview may be conducted only if the prisoners give their consent.
In State v Charulata Joshi (1999) the Supreme Court granted permission to interview Babloo Srivastava in Tihar Jail but stated that the undertrial prisoner can only be interviewed or photographed if he expressed his willingness to be interviewed.
More judicial cases
Shreya Singhal v. Union of India
Secy., Ministry of Broadcasting v. Cricket Association of Bengal, (1995)
Grounds for restraint Reasonable restrictions under Article 19 (2)
The freedom of speech and expression, including media reporting, is subject to reasonable restrictions for:
- Sovereignty and Integrity of India: To maintain the unity and integrity of the nation.
- Security of the State: To prevent reporting that could endanger national security.
- Public Order: To avoid content that could incite violence or unrest.
- Decency and Morality: To restrict obscene or indecent content.
- Contempt of Court: To prevent publications that could interfere with judicial processes.
- Defamation: To protect individuals from false statements that could harm their reputation.
- Incitement to an Offense: To restrict content that could provoke criminal acts.
Reference
Q3 Contempt of court. Types of contempt.
or extent to which courts allow free and fair media trial reporting
Contempt of court in general means any act that offends or transgresses the dignity of the court and lowers the prestige of the court.
Contempt definitions
- Oswald defines, contempt to be constituted by any conduct that tends to
bring the authority and administration of Law into disrespect or disregard
or to interfere with or prejudice parties or their witnesses during litigation.
- In Halsbury laws of England, it is defined as follow “Any act done or
writing published which is calculated to bring a court or judge into
contempt or lower his authority or to interfere with the due course of
justice or the lawful process of the court is contempt of court”.
- As per Corpus Juris Secondum, Contempt of court is disobedience to court by acting in opposition to the authority, justice and dignity thereof. It signifies a willful disregard or disobedience of courts order. It also signifies such conduct as tends to bring the authority of the court and the administration of law into disrespect.
Civil contempt
- Definition: Wilful disobedience of any judgment, decree, direction, order, writ, or other processes of a court, or wilful breach of an undertaking given to a court.
- Examples:
- Not complying with a court order.
- Disobeying an injunction or directive issued by the court.
- Refusing to comply with court-mandated obligations.
Criminal contempt
- Scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court.
- Prejudices or interferes or tends to interfere with the due course of any judicial proceeding.
- Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
- Publishing material that misrepresents or defames the judiciary.
- Interfering with ongoing judicial proceedings.
- Disrupting court proceedings or refusing to comply with procedural requirements.
Key Distinctions:
- Civil Contempt focuses on disobedience of court orders and judgments.
- Criminal Contempt involves actions that undermine the authority, dignity, or proper functioning of the judiciary.
Penalties:
The penalties for contempt can include:
- Fines.
- Imprisonment (up to six months).
- Both fine and imprisonment.
The newspaper industry primarily operates under two major ownership patterns: private ownership and public ownership. Here’s a detailed explanation of these patterns:
1. Private Ownership:
- Description: In this pattern, newspapers are owned by individuals, families, or private entities. The ownership can range from small family-run newspapers to large media corporations.
- Types of Private Ownership:
- Family-Owned: Managed by families, often with a strong focus on editorial independence and long-term commitment to journalism. Examples include many regional and community newspapers.
- Corporate-Owned: Owned by large media conglomerates or corporations. These companies often own multiple media outlets, including newspapers, television channels, and digital platforms.
- Independent Owners: Small, independent entities or individuals owning and operating newspapers with specific editorial stances or niche audiences.
- Characteristics:
- Flexibility in editorial policies.
- Profit-driven motives, especially in corporate-owned setups.
- Potential for influence by owners' personal or corporate interests.
- Examples:
- The Times of India (Bennett, Coleman & Co. Ltd.)
- The Hindu (Kasturi & Sons Ltd.)
2. Public Ownership:
- Description: In this pattern, newspapers are owned, funded, or controlled by the government or public bodies. These newspapers serve the public interest and often focus on disseminating information, promoting literacy, and fostering national unity.
- Types of Public Ownership:
- Government-Owned: Directly owned and operated by the government or public institutions. These are often seen as official mouthpieces for government policies and initiatives.
- Public Trusts or Non-Profits: Some newspapers operate under public trusts or as non-profit entities, aiming to serve the public without profit motives.
- Characteristics:
- Emphasis on public service and dissemination of government information.
- Potential concerns about lack of editorial independence and bias towards government perspectives.
- Examples:
- The Statesman (partially owned by trusts).
- Doordarshan (though primarily a broadcaster, it also engages in print media through various publications).
Yes, there has been a noticeable change in ownership patterns in the newspaper industry in recent times, driven by various factors such as technological advancements, financial pressures, and changing media consumption habits. Here are some of the key trends and changes:
1. Consolidation and Mergers:
- Trend: Media companies are increasingly merging or acquiring smaller newspapers to expand their reach and reduce operational costs.
- Impact: This consolidation leads to fewer, larger media conglomerates controlling a significant portion of the market, potentially reducing diversity in news perspectives.
2. Cross-Media Ownership:
- Trend: Companies that traditionally operated in other media sectors (e.g., television, digital) are entering the newspaper industry.
- Impact: This integration allows media houses to leverage synergies across platforms, but it also raises concerns about monopolistic practices and media plurality.
3. Foreign Investment and Ownership:
- Trend: There has been an increase in foreign investments in the media sector, including newspapers, due to relaxed regulations in some countries.
- Impact: While this brings in much-needed capital, it can also lead to concerns about foreign influence on editorial content and national narratives.
4. Digital and Tech Company Involvement:
- Trend: Tech giants like Google, Facebook, and Amazon have been investing in media companies or launching their own news services.
- Impact: These companies influence the distribution and monetization of news, shifting power dynamics in the industry and often challenging traditional newspaper models.
5. Non-Profit and Public Interest Models:
- Trend: Non-profit organizations and philanthropists are increasingly supporting newspapers, especially those focusing on investigative journalism or local news.
- Impact: This model seeks to preserve journalistic integrity and focus on public interest rather than profit, but sustainability can be a challenge.
6. Family-Owned to Corporate-Owned:
- Trend: Traditional family-owned newspapers are being sold to corporate entities due to financial pressures and succession planning challenges.
- Impact: Corporate ownership often brings professional management and financial resources, but it may also lead to a shift towards more commercially driven content.
7. Subscription and Paywall Models:
- Trend: With declining ad revenues, many newspapers are adopting subscription-based models, including digital paywalls.
- Impact: This shifts the revenue model from advertising to reader support, influencing content strategies to cater to paying subscribers.
8. Crowdfunding and Community Ownership:
- Trend: Some newspapers are exploring crowdfunding or cooperative ownership models, where the community or readers have a stake in the publication.
- Impact: This can increase community engagement and loyalty but may face challenges in scaling and sustaining operations.
Conclusion:
The newspaper industry is undergoing significant changes in ownership patterns, driven by financial pressures, digital transformation, and evolving consumer habits. These changes are reshaping the industry landscape, influencing the nature of journalism, content delivery, and the diversity of voices in the media ecosystem. While some trends may enhance efficiency and reach, others raise concerns about media plurality, editorial independence, and the long-term sustainability of traditional journalism.
- Private Ownership tends to dominate the newspaper industry, especially in liberal economies, providing a diverse range of perspectives but also being susceptible to commercial pressures and owner influence.
- Public Ownership plays a significant role in countries where the government seeks to control the flow of information or provide information as a public service, though it often faces challenges regarding independence and credibility.
These ownership patterns influence the editorial stance, financial sustainability, and overall mission of newspapers, affecting how news is reported and consumed.
Q5 censorship in films and cinematograph act 1952Provisions of cinematograph act 1952
An Act to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematographs.
Part II Certification of films for public exhibition
Q6 test of obscenity in indian courts
The determination of obscenity in legal contexts has evolved through different tests over time, with notable approaches including the Hicklin Test, the Miller Test, and the Community Standards Test.
1. Hicklin Test:
- Origin: Derived from the English case R v. Hicklin (1868).
- Criteria:
- A work is considered obscene if it tends to deprave and corrupt those whose minds are open to such immoral influences.
- Focuses on the impact of isolated passages or parts of the work.
- Application:
- The test does not consider the work as a whole but instead focuses on specific parts that could corrupt vulnerable individuals, such as children.
- Criticism:
- Overly restrictive and not suitable for modern society.
- Ignores the overall literary, artistic, or social value of the work.
- Use in India:
- Applied in Ranjit D. Udeshi v. State of Maharashtra (1965), where the Supreme Court upheld the Hicklin Test but acknowledged its limitations.
- Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.
- Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
- Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
- Considers the entire work rather than isolated parts.
- Introduces the concept of "serious value" which can redeem otherwise obscene material.
- More flexible and context-sensitive compared to the Hicklin Test.
- Balances community standards with the protection of artistic expression.
Community Standards Test (Indian Adaptation):
- Evolution: The Indian judiciary has gradually moved towards the Community Standards Test, influenced by the Miller Test and adapted to local contexts.
- Criteria:
- Obscenity is judged based on the norms and values of contemporary society.
- The impact of the work is considered in its entirety, not just isolated excerpts.
- Courts evaluate whether the work has redeeming social, artistic, or literary value.
- Application in India:
- Aveek Sarkar v. State of West Bengal (2014): The Supreme Court adopted the Community Standards Test, ruling that the depiction of a nude image in a magazine was not obscene as it had contextual relevance and did not appeal solely to prurient interests.
- Significance:
- Reflects a more progressive approach, considering the changing perceptions of society.
- Provides a nuanced understanding of obscenity, balancing societal standards with freedom of expression.
Conclusion:
- Hicklin Test: Focuses on isolated parts and vulnerable audiences, but is seen as outdated and overly restrictive.
- Miller Test: Offers a more comprehensive and context-sensitive approach, emphasizing community standards and the overall value of the work.
- Community Standards Test: Adapted in India, it aligns with the Miller Test and considers the entire context and societal norms, offering a balanced approach to defining obscenity in a diverse society.
The shift from the Hicklin Test to the Community Standards Test represents a significant evolution in obscenity law, reflecting a more liberal and contextual understanding of content and its impact
The constitutionality of pre-censorship in films in India has been addressed through several significant judicial cases, which have shaped the legal framework and interpretation of freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. Here’s a detailed overview of key cases:
1. K.A. Abbas v. Union of India (1970):
- Facts: The petitioner, a film producer, challenged the practice of pre-censorship, arguing that it violated his right to freedom of speech and expression.
- Judgment:
- The Supreme Court upheld the constitutionality of pre-censorship.
- The Court reasoned that films have a greater impact on the public than other forms of expression and, therefore, could be subject to reasonable restrictions under Article 19(2).
- It was held that pre-censorship was a valid exercise of the state's power to regulate films to protect public order, decency, morality, and other interests mentioned in Article 19(2).
- Significance: This case set the precedent that pre-censorship is a reasonable restriction and necessary to balance freedom of expression with societal interests.
2. S. Rangarajan v. P. Jagjivan Ram (1989):
- Facts: The Tamil Nadu government revoked the certification of a film, arguing it could incite public disorder.
- Judgment:
- The Supreme Court emphasized that freedom of expression includes the freedom to exhibit films, but this freedom is not absolute.
- The Court ruled that censorship must be justified by clear evidence that the film would cause significant harm, such as inciting violence or disrupting public order.
- The government cannot act on hypothetical threats or potential reactions from certain groups.
- Significance: This case reinforced the need for reasonable and justified censorship, ensuring that restrictions are not arbitrary or excessive.
3. Bobby Art International v. Om Pal Singh Hoon (1996):
- Facts: The film "Bandit Queen" faced objections for its explicit portrayal of violence and sexual content.
- Judgment:
- The Supreme Court ruled in favor of the filmmakers, emphasizing the film's artistic and social relevance.
- The Court acknowledged the need to balance societal sensitivities with artistic freedom, ruling that the film, despite its explicit content, served a larger purpose of depicting societal issues.
- Significance: This case highlighted that films with significant social or artistic value could justify the use of explicit content, limiting the scope of pre-censorship.
4. Union of India v. K.M. Shankarappa (2001):
- Facts: The central government sought the power to revoke or modify film certifications granted by the Central Board of Film Certification (CBFC).
- Judgment:
- The Supreme Court held that once a film is certified by the CBFC, the government cannot demand re-certification or alter the certification arbitrarily.
- The Court underscored that the CBFC is an independent body, and its decisions should not be subject to executive overreach.
- Significance: This judgment limited the government's power to interfere with certified films, ensuring that censorship is not used as a tool for political or administrative control.
5. Prakash Jha Productions v. Union of India (2011):
- Facts: The film "Aarakshan" faced pre-release bans in several states due to its controversial content on caste-based reservation.
- Judgment:
- The Supreme Court struck down the bans, stating that freedom of speech and expression, including films, cannot be curtailed merely because a section of society finds the content offensive.
- The Court emphasised the importance of protecting artistic expression and the right to dissent.
- Significance: This case reinforced the principle that censorship should not be used to suppress dissenting views or artistic freedom unless there is a clear and present danger to public order.
Conclusion:
The judiciary in India has consistently upheld the constitutionality of pre-censorship for films, recognizing it as a necessary restriction to balance freedom of expression with societal interests. However, the courts have also emphasized that such censorship must be reasonable, justified, and not arbitrary. The evolving jurisprudence reflects a nuanced approach, protecting both societal values and the creative freedom of filmmakers.
CHAPTER II ESTABLISHMENT OF THE PRESS COUNCIL
5. Composition of the Council.
12. Authentication of orders and other instruments of the Council.
Chapter II – Prasar Bharati (Broadcasting Corporation of India)
- Establishment and composition of Corporation.
- Appointment of Chairman and other Members.
- Powers and functions of Executive Member.
- Terms of office, conditions of service, etc., of Chairman and other Members.
- Removal and suspension of Chairman and Members.
- Meetings of Board.
- Officers and other employees of Corporation.
- Establishment of Recruitment Boards.
- Status of officers and employees.
- Functions and Powers of Corporation.
- Parliamentary Committee.
- Establishment of Broadcasting Council, term of office and removal , etc., of members thereof.
- Jurisdiction of, and the procedure to be followed by, Broadcasting Council.
Chapter III – Assets, Finances and Accounts
- Transfer of certain assets, liabilities, etc., of Central Government to Corporation.
- Grants, etc., by Central Government.
- Fund of Corporation.
- Investment of Moneys.
- Annual Financial Statement of the Corporation.
- Accounts and audit of Corporation.
- Corporation not Liable to be Taxed.
Chapter IV – Miscellaneous
- Power of Central Government to give directions.
- Power of Central Government to Obtain Information.
- Report to Parliament in certain matters and recommendations as to action against the Board.
- Office of member not to Disqualify a Member of Parliament.
- Chairman, Members, etc., to be public servants.
- Protection of action taken in good faith.
- Authentication of Orders and other Instruments of Corporation.
- Delegation of Powers.
- Annual Report.
- Power to make rules.
- Power to make regulations.
- Rules and regulations to be laid before Parliament.
- Power to remove difficulties. The Prasar Bharati (Broadcasting Corporation of India) Act,1990
- Constitution of committee
- Functions of committee
- Powers of committee
- Powers of central government to enforce reccomendation of committee
- Working journalists entitled to wages at rates not less than those specified in the order.
- ommitted
- Recovery of money due to working journalists
- Authentication of orders, letters, etc., of the Committee
- Effect of Act on Working Journalists Act, etc
- Vacancies, etc., not to invalidate proceedings of Committee.
- 12A Penalty
- Power to make rules
1. Data Protection in India:
India is in the process of establishing a comprehensive data protection framework to address the collection, storage, and use of personal data.
Existing Legal Framework:
- Information Technology Act, 2000 (IT Act):
- Section 43A: Mandates that companies handling sensitive personal data must implement reasonable security practices and procedures.
- Section 72A: Penalizes disclosure of personal information without consent, obtained under a lawful contract.
- IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011:
- These rules specify guidelines for the handling of sensitive personal data, including consent requirements, purpose limitation, and data security measures.
- Information Technology Act, 2000 (IT Act):
Personal Data Protection Bill, 2019 (PDP Bill):
The "PDP Bill" enacted in India is officially called the Digital Personal Data Protection Act, 2023 (DPDP Act), which was passed by the Indian Parliament and received Presidential assent on August 11, 2023, making it the first comprehensive data protection law in the country- Modeled after the EU's General Data Protection Regulation (GDPR), the PDP Bill seeks to provide a comprehensive legal framework for data protection.
- Key Provisions:
- Defines personal data and sensitive personal data.
- Establishes obligations for data fiduciaries, including data minimization, purpose limitation, and accountability.
- Requires consent for data processing, with provisions for data subjects' rights such as access, correction, and erasure of data.
- Proposes the creation of a Data Protection Authority (DPA) to oversee compliance.
- Current Status: The Bill has undergone revisions and discussions, with the latest version expected to be enacted soon.
2. Abuse of Private Information:
The abuse of private information involves the unauthorized use, disclosure, or misuse of personal data.
Legal Remedies:
- Tort Law: While India does not have a distinct tort of privacy, individuals can seek remedies under tort law for breach of confidentiality or invasion of privacy.
- Constitutional Right to Privacy:
- Recognized as a fundamental right under Article 21 (Right to Life and Personal Liberty) in the landmark judgment Justice K.S. Puttaswamy v. Union of India (2017).
- The Court emphasized that the right to privacy includes informational privacy, safeguarding personal data from unauthorized use.
IT Act Provisions:
- Section 72: Penalizes unauthorized access or disclosure of personal information.
3. Internet Privacy:
Internet privacy concerns the protection of personal information shared online and the right to control one's digital footprint.
Challenges:
- Surveillance: Government surveillance programs, such as those for national security, raise concerns about mass data collection and privacy violations.
- Data Breaches and Cybersecurity: The rise of cyber threats and data breaches underscores the need for robust internet privacy protections.
- Third-Party Data Sharing: Social media platforms and online services often collect and share user data with third parties, raising privacy concerns.
Legal Framework:
- IT Act:
- Section 66E: Penalizes capturing and publishing images of a person’s private area without consent.
- Section 69: Allows the government to intercept, monitor, or decrypt information for national security, subject to safeguards.
- IT Rules, 2021:
- Introduced to regulate social media platforms, digital news media, and OTT platforms.
- Mandate the appointment of grievance officers, compliance officers, and mechanisms for content takedown and user redressal.
- Require platforms to trace the originator of messages in cases of severe violations, raising privacy concerns about end-to-end encryption.
- IT Act:
Judicial Perspectives:
- Shreya Singhal v. Union of India (2015):
- The Supreme Court struck down Section 66A of the IT Act, which criminalized offensive online speech, for being vague and violative of free speech. This case underscored the balance between free speech and privacy.
- Aadhaar Judgment (2018):
- The Supreme Court upheld the constitutional validity of the Aadhaar scheme but placed restrictions on its mandatory use, ensuring that individual privacy is not compromised.
Conclusion:
India’s approach to data protection, abuse of private information, and internet privacy is evolving. The recognition of privacy as a fundamental right has paved the way for a robust legal framework. However, with increasing digitalization and technological advancements, there is a pressing need for comprehensive legislation, such as the proposed Personal Data Protection Bill, to address the complexities of data protection and ensure the safeguarding of personal information in the digital age.
2023
