India being a Democratic country has given the Right of free speech for all; this right has provided the uprising of the fourth pillar of Democracy itself, the Media which criticizes the flaws, educates the people, support the just cause, provides infotainment and helps the society to walk toward a better road of Sensibility. The Media which provides all this has many parts and many faces which we know as Print Media, Broadcast Media, Outdoor Media and Social Media (Internet). These forms have their own way and own importance. But there is one part of all these content have common too i.e. Advertising which flows like a river through all these medium and is the integral part of Media, without it media is only information. But even though it all feel good to hear that it also true that Media the mirror of the society and Advertising the master of whispers for people are like two stallion which is rein by the law from running free, and in today’s world with the ever increasing rate of content and wider variety of medium for Broadcast and Social Media the law is also expanding to new heights with it.

History of Media and Advertisement law

Before moving ahead and get a better understanding we need to know the roots, the media law are old as the institution of media itself the censoring and the protection from copying are few that are prevalent in India from Pre-Independence Era where the laws like Gagging Act of 1857, The Indian Penal code of 1860 (which provides for the offence of defamation by writers and editor), The Press and Registration of Books Act of 1867, The Vernacular Press Act of 1878, Indian Copyright Act, 1912 (which later become New Copyright Act, 1957), Indian Press Act, 1910 etc. After the independence when the constitution was framed and the Article 19(1)(a) i.e. The Right to Freedom of Speech and Expression established as a Fundamental right it also lead to the Media toward its Freedom .

After Independence many new laws were created like The Cinematographer Act of 1952, The Press Council Act of 1978, The Press Council of India (Grant of Certified Copies) Regulations of 1999, The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954, The Cinematograph (Certification) Rules of 1983, The Prasar Bharati (Broadcasting Corporation of India ) Act of 1990, The Telecom Regulatory Authority of India Act of 1997, The Telecommunication (Broadcasting and Cable Services) Interconnection Regulations of 2004, The Telecom Regulatory Authority of India (Access to Information) Regulations of 2005 are few of many[i].

Apart from these the Advertisement Industry is regulated and controlled by a non- statutory organisation known as Advertisement Standard Council of India (ASCI) founded in 1985. It’s main purpose is to regulated the content and context of Advertisement as according to specific Indian Laws.

These Acts were developed, amended and adapted with the change in Media and Advertising Industries with the change in time.

Emergence of New Forms Media and its Laws

So coming back we understand about the history of media laws, and with the emergence of new form of media platforms that provides new modes and ways to put those voices out there and the broadcast media and social media to provide new content and new forms of entertainment and information sources. Even the forms of traditional media like newspaper and magazines are getting technologically advanced with Online New Portals, Email Newsletters. Similarly the News Channel with not only on television or radio but with social media presence on most of the Online Platforms like through Twitter, YouTube, Blog Panels etc. which lead to faster and economically feasible for news and information to common people which also provide new medium for Advertisement and making people market products. Even these media medium try to market them to have a greater audience and market capture.

And with this new growth of Media and Advertisement the laws are being adapted like the Information Technology Act, 2000(now the Information Technology Amendment Act, 2008), Right to Privacy(Art.21 of Constitution of India), Laws regarding Defamation (as general in Sec 501 of Indian Penal Code and in Torts), Theft of Intellectual Property or Protection against Plagiarism (Copyright Act, 1957), The Competition Act, 2002 and The Consumer Protection Act, 1986 (against misleading and false advertising), Trademark Act. 1999 (against Unfair Trade Practices like Competitive Advertisement) etc. are the few.

In cases like Colgate vs. Pepsodent[ii], Complain vs. Horlicks[iii] and Amul vs. Kwality[iv] where the decision regarding False, Misleading or Competitive Advertisement are given[v]. Similarly in the  case of Bennett Coleman & Co. vs. Union of India[vi], Govt of India and Ors vs. Cricket Association of Bengal and Ors[vii]  (where the right of free pulication and circulation was provided) and in the case of Arnab Gowswami (a Journalist) the court has quashed numerous FIR’s against where the court provided that the right of Freedom of speech is same for everyone and one cannot be sued for that.

These are only a few of those numerous cases that shows the development of Laws and Courts direction in the works of Media and Advertisement.

Protection

The law which upheavals the Media Industry do pull it down with actions like Censorship, Protest against Content, False Claims etc., which makes it harder to overcome the societies moral compass. The only way we can actually protect them is by giving the creative freedom and the letting the audience decide what they want to see or hear.

Instead of putting our efforts in menial task we should try to educate people to make informed and open decisions toward content and information which in turn also help in eradicating the problems like Fake News, Clash of Content, Defamation caused by Anonymity which causes chaos and unrest among people. Achieving this will lead to real protection and prosperity in it.

Conclusion

Reading it all makes us feels like everything is running smooth in the world around us, but we do know that we are only half through we still need to go long ways to attain our goals. And for that we need to understand and apply new methods which can and will give the freedom and new heights to Media and Advertisement laws.

As I said earlier the laws which is the protector of media content is like a free stallion it cannot be leased because if we try too hard it end up collapsing with voice of truth and freedom.

[i] http://www.legalserviceindia.com/articles/media.htm

[ii] Colgate Palmolive Company And Anr. vs. Hindustan Unilever Ltd. (2013)

[iii] Horlicks Ltd. and Anr. vs. Heinz India Private Limited [LSI-546-HC-2018(DEL)

[iv] Gujarat Co-Operative Milk Marketing Federation Ltd. vs. Hindustan Unilever Ltd and Ors.

[v] http://www.lawstreetindia.com/experts/column?sid=275

[vi] Bennett Coleman & Co. vs. Union of India (1973) AIR 106, 1973 SCR (2) 757

[vii] Secretary, Ministry of Information and Broadcasting, Govt of India and Ors vs. Cricket Association of Bengal and

Ors (1995) AIR 1236, 1995 SCC (2) 161

Author:

Aditya Baslas, Legal Intern (July 2020)

The writer is a Final year Law student (3 year Course) from Agra University with the interest in Corporate, Taxation and Intellectual Property Laws. He is currently working as a Legal Intern for Legal Desire, a renowned Legal Media & Insight House.