LEGAL LEGAL ENVIRONMENT ENVIRONMENT

AND AND ADVERTISING ADVERTISING

ETHICSETHICS

Prasar Bharati Act, possibly the most important legislative move for the future of Indian broadcasting, came into force on September 15. With this, a three-person selection committee formally began the task of choosing the 15-member Prasar Bharati Board that will transform Doordarshan and All India Radio (AIR) into constituents of an autonomous Broadcast-ing Corporation. The committee comprises Vice-President Krishan Kant, Press Council Chairman P.B. Sawant and a nominee of the President who was yet to be named. How long the group was likely to take to complete its task also remained unclear.

The Prasar Bharati Corporation : Doordarshan and AIR have been placed under an

autonomous body, namely, the Prasar Bharati (Broadcasting Corporation of India) with effect from 23rd November, 1997.

The main objective is to free the media from Government control so that citizens can exercise their fundamental right to freedom of expression and to ensure that access to media is not the privilege of the political party in power alone.

Prasar Bharati is envisaged to be the Public Service Broadcaster in the country. The main challenges before the Corporation are:

Providing the ideal mix of infotainment backed by good quality transmission

Reaching remote and inaccessible areas Raising financial resources without compromising the

main objective of being a public service broadcaster.

Prasar Bharati The Prasar Bharati Act came into existence in September 1990 and came into force with effect from 15 September 1997. The act sought to free Akashwani (All India Radio) and Doordarshan from direct control of the Government and provides for establishment of an autonomous Corporation for electronic media.The Prasar Bharati Amendment Bill 1998 was passed in the Lok Sabha in August 1998. The Bill sought to revive the Prasar Bharati Act 1990 and nullifies the effect of the Ordinance promulgated last year. On August 29, 1998 Prasar Bharati (Broadcasting Corporation of India) Ordinance 1998 was promulgated to restore the original Prasar Bharati Broadcasting Corporation of India Act 1990.

As in the original Act, the Ordinance provides for

establishment of a Parliamentary Committee to oversee the functioning of the Corporation

establishment of a Broadcasting Council the appointment of two full time members of

finance and personnel retirement of the 1/3 members by rotation Fixing the upper age limit of 62 years for the

CEO. Advertising in India has expanded rapidly in

the post-Independent era, keeping pace with the growth of various industries. Advertising expenditure as a percentage of Gross National Product is .25 per cent in India as compared to 2.9 per cent in USA.

The emergence of TV advertising from a non-entity in 1970's to a dominant medium of advertising is a major development of this decade. The advertisements contributed to DD an income of Rs 610 crores in the year 1999-2000. The press continues to obtain most of the advertising share. In the year 1997, twenty-eight dailies derived more than 75% of their income through ads. Around 19 dailies devoted more than 60% space to advertisements. The Directorate of Advertising and Visual Publicity (DAVP) places advertisement in various newspapers and journals on behalf of various Ministries and Departments of the Government of India. A number of autonomous bodies and public sector enterprises channelise their advertising through DAVP. The Code of Advertising Practice was adopted by The Advertising Council Of India with a purpose to control the content of advertisements and to ensure that the they are not offensive to generally accepted standards of public decency. All India Radio Code for Commercial Advertising lays down standards of conduct for advertisers on Indian radio. The Code of Commercial Advertising on Doordarshan published in 1986, lays down standards of conduct for advertisers on Indian television.

Copy Right ActAct to safe guard the original work and

creative talents of artists ( including painter, musician, sculpture, wroter, poet singer etc.)

Modern technology and global spread of art has made it compulsory to reach out to a larger audience

Different acts in different to protect creativity from plagiarism and theft

Indian Copy Right Act was introduced in 1957 It extends to the whole of India even for the

foreign work which is meant to be viewed in India

Any artistic work means, “ a painting, sculpture, drawing, map, plan or chart, photograph, design, architecture, dramatic work ( part or finished), musical composition, cinematography, film, sound recording, visual image, features, computer programs, novels , short stories, essays or any other non fictional writing including course work.

It also extends to the government work including legislation, judiciary document, any part or the whole of the Indian Constitution, parliamentary proceedings concert, dance performance or films and documentaries meant for any government purpose

It also includes joint authorship where two or more authors have jointly produced any work

Chapter two of this act suggests the establishment of the Copy Right Board. It would be directly under the control of the Registrar of Copy Right working within the central government control

The powers and the functions of Copy Right board are subject to amendments and under section 345 and 346 of the Criminal Procedure Code, it is considered to be at par with the rights of the Civil Courts.

The Patent Act Background 1. The Patent Act, 1970 came into force on

20.4.1972 replacing Indian Patents and Designs Act, 1911. When India became independent, the Govt. of India appointed the Patent Enquiry Committee .

The Patent Bill, 1965 based mainly on his recommendations and incorporating a few

changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965

The Patents Act, 1970 in comparison with Indian Patents and Designs Act, 1911 has far more reaching effect in some areas such as food, Drug and

Medicines where all the patents granted under this category and deemed to be endorsed with the words “License of Right”.

The chapter XXII provides international arrangements with the countries outside India, which afford to the applicants for Patents in India or citizens of India, similar privileges as are granted to its own citizens in respect of grant of Patent and the protection of their patent rights

Consumer Protection Act For better protection of the interest

of consumers Following are the objectives of the

act:1. Right to be protected against

marketing of goods hazardous to life and property

2. Right to be informed about quality, quantity, potency, purity and price.

Continued…3. Right to assured for the access of

goods at competitive price.4. Right to be heard and to be protected

by appropriate forums5. The Right to seek redressal against

unfair trade practices or any other method of exploiting consumers

6. Right to consumer education

Continued… The act is divided in four chapters-1. Preliminary: According to this, the Act is

extended to the whole of regional boundaries of India, except the state of Jammu and Kashmir

Some of the definitions covered in this chapter are:

a. Consumer: It means any person who buys any goods

or services made by any payment system for his own use and not for the resale or commercial use

Continued…b. Complaint: It means any allegation in writing

made by the consumer regarding any unfair trade practice, any goods with defect, any service which is faulty or not on time, excess price charged or goods hazardous to life and safety

Continued…2. Consumer protection council3. Consumer dispute redressal4. Miscellaneous