ipr & media laws by dominic d’souza *exam on 9 th nov,2009

IPR &

Media Laws

By Dominic D’souza

*Exam on 9th Nov,2009.

Private and Confidential – for private circulation only

Greetings !!!This presentation is just a guide / base to seek something more. Hopefully it helps to challenge the ‘need for you to know something more’ which in turn will help you professionally in the years ahead.They are to be used for educational purposes / reference purpose only.

The Different Aspects of the “MEDIA”

Media a. Electronic

Films Television

Internet Telephone Radio

b. Print

Purpose of Media

Inform / share information

Educate / instruct

Entertain

Sector Revenues (Rs Bn) % CAGR

2006 2010 E

Television 174.8 426.1 25

Print 125.9 202.7 12.6

Film 85.9 162.3 17.2

Radio 4.1 13.0 33.4

OOH Advt 10.5 19.0 16.0

Music 7.2 10.0 8.6

Gaming 3.5 26.2 65.1

Internet 1.5 7.5 49.5

WHY THE EMERGING GROWTH / CHANGES

Change in Govt. policy Emergence of new means of distribution

(FM radio, new TV channels, alternate distribution)

Entry of professionals Entry of foreign investments Transparency in companies Revenue potential (immediate and even

long term)

3 ‘C’s of MEDIA

CONTENT (CREATION) Entertainment – (movies / serials) News & Current Affairs, Information

CARRIAGE (DISTRIBUTION) Various modes of distribution

CONTROL Various Laws, rules, regulations.

Content Creation

Pre Production

Production

Post Production

PRE-PRODUCTION Concept & Story

Screen play & Dialogues

Research for additional details, facts, locations etc.

Catering unit - Logistics Transport unit - Logistics

PRODUCTION

Artiste – Actors & Actresses

TechniciansDirectorCameramanArt DirectorLight menSpot boysMakeup peopleDress designersSet boys

POST PRODUCTION

Rushes with dialogues

Edits

Music and effects (M&E)

Final mix

End credits

Delivery for distribution

Content CreationFILMS

Hindi Films South Films Art Films Regional Films HINGLISH Films / Cross cultural

Films

Reasons for Film making

Money Passion Fame Interest Combination of the above

Show me the money !!!! Revenue generation through :

Distribution Exploitation of rights

(audio and / or visual)

In film advertising Tie-ups Licensing and merchandising Internet, mobile, gaming Emerging revenue modes

VARIOUS KINDS OF FILM RIGHTS – Content Dist.

THEATRICAL NON THEATRICAL

India and Overseas India and Overseas

Cinema halls Non-cinema halls

Different territories(not necessarily based on states)

• Music (Audio)• Movie (Audio Video)• TV, internet, mobile• Negative, Misc.

Exhibit 16 mm Laser disc (LD) pay tv

Distribute 35 mm Ring-tone point to point b’casting

Sublicense 8 mm video internet preview theatres

Market 70 mm Video gram terrestrial tv

Advertise cinema halls video on demand satellite tv

Publishing Auditoria Video Cassette Music - audio only

Merchandise Internet video cyber space Music - video only

Dubbing airline right Direct b’casting sys. (DBS) Performance right

Subtitle guest houses Direct to Home (DTH) Music Adaptation rights

Mobile hotel rooms free to air VCD

Gaming other accommodation cable DVD

Sea right / Ship HDTV Cable

surface transport home video Pay per View

VARIOUS KINDS OF FILM RIGHTS (snapshot)

Agreements with …

Distributors / Exhibitors theatrical distribution.

Music Companies – Music audio rights. TV Channels – Satellite / terrestrial rights Other persons/parties for other rights

such as merchandizing, mobile, games etc.

Negative rights.

Television

Carriage (of Content) TELEVISION

TERRESTRIAL BROADCAST DOORDARSHAN

SATELLITE BROADCAST STAR / SONY / ZEE ETC. FREE TO AIR / PAY CHANNELS

DTH (Direct to Home) IPTV (Internet Protocol Television) Conditional Access System (CAS) Broadband Mobile Television.

Show me the money !!!! Distribution

In serial advertising

Tie ups / sponsorships

Licensing and merchandising

FCT – free commercial time (Advertisements) Role of Television Rating Points (TRP’s) Importance of Advt. placement Surrogate advertising

Terrestrial v/s Satellite

Terrestrial Satellite

Non Addressable Addressable

Horizontal transmission Vertical & horizontal

Relay Kendra - Antenna Cable operator / MSO

Deeper penetration Limited viewership

Analogue / digital Digital

Free to Air (FTA) Encrypted (pay)

Doordarshan Star /Zee / Sony etc.

How do I see what I see ?

Uplink encrypted signals to satellite from a teleport

Encrypted signals received by a MSO (multi service operator) / cable operator though a dish passed to a decoder box to get the proper picture and sound.

Distributed via cables to various homes

Splitter

Uplink Center

Low Noise Blocker

Downloads Signals from Sat antenna in GHZ

Satellite Receiver

Cable from Dish Antenna to Control

Room

Modulator

Modulates the Ghz

frequency from

satellite to Mhz for

the TV set

Cable into TV HHld

Signal 1

Signal 2

Signal 3

Signal 5

Signal 4

Signal 1

M 1 M 2 M 3 M 4 M 5

Transponders Satelli

te

Channel Mixer

If there are 5 channels...

DTH / CAS / HITS DTH – Direct to Home

Addressable and digital KU Band Set top boxes installed on top of each TV set; Payment made direct to service provider

CAS – Conditional Access Systems Addressable Set top boxes installed on top of each TV set; Reading taken, payment made accordingly to MSO /

Cable operator. HITS – Head ends in the sky

Addressable and digital (mix of both DTH and CAS) Set top boxes installed on top of each TV set; Payment made direct to service provider.

Agreements with Content Production Agreements

Artiste / technicians Sets Logistics

Content Distribution Agreements Channel / medium Music Allied / Miscellaneous

RADIO

All India Radio Services (MW, SW, FM)

FM Radio Stations

Satellite Radio

Community Radio

INTERNET

Broadband (streaming) Narrowband IPTV – “Internet protocol TV”

Addressable All TV channels + other services; Not the same as installing a ‘viewing

card’ in your PC and seeing regular cable TV.

MOBILE PHONES Phone Calls MP3 players Camera Video recordings Internet Mobile TV

Addressable to be seen on high end mobile phones; limited area of terrestrial transmission.

[Mini Computers] There’s a thing in my pocket

PRINT MEDIA Primary Print

News papers Magazines / tabloids Books

Secondary Print Posters Hoardings / signage Flyers / hand outs / inserts

CONSTITUTION OF INDIA

The Declaration of American independence - 1776

The French Declarations of the Rights of man - 1789

The Universal declarations of human rights - 1948.

The Constitution of India - 1950


Cntd… Fundamental rights

primordial rights necessary for the development and

expressions of human personality. natural rights, a guarantee is expected

from an ordered society called State. duty of the government to insure these

rights are not violated Directive Principles of State policy.


Cntd…FUNDAMENTAL RIGHTS

Part III of the Constitution - Articles 12 to 35.

Article 12 – Definition of State (Article 13 - Declares that all laws, existing,

and these to be made in future in so far as they are in consistent with the provisions of part III shall, of the extent to such inconsistency, be void.)


Cntd… Articles 14 to 18 - Right to equality Articles 19 to 22 - Right of freedom. Articles 23 to 24 - Rights against exploitation. Articles 25 to 28 - Right to freedom of Religion. Articles 29 to 30 - Cultural and educational rights. Articles 32 to 35 - Right to constitutional

remedies.

Suspension of Rights during Emergency Article 19 automatically suspended by Article 358 once

an Emergency declared by the President.


Cntd…

no specific provision guaranteeing freedom of the press.

wider freedom of expression guaranteed by Article 19(1 )(a). i.e. all citizens shall have the right to

freedom of speech and expression.

FREEDOM OF THE PRESS (Media)

Three important elements

Freedom of publication / production

Freedom of circulation / distribution

Freedom of access to all sources of information

RESTRICTIONS ON THE PRESS (Media)

Moral restriction (rules and regulations) Operational restrictions Financial restrictions Limitation contained in Article 19 clause 2.

interest of the security of the state, the sovereignty and integrity of India, friendly relations with foreign States, public order, decency or morality or for the prevention of

Contempt of Court, defamation or incitement to an offence.

DEFAMATION An offence u/s. 499 IPC

A criminal offence as well as a civil wrong.

2 forms Libel – published, permanent form like writing,

printing, pictures, photo, lithography, cinema, films, statutes, effigies, etc

Slander - committed by words of mouth, gestures such as nodding of shaking of the head, smiling, winking or the movement of the head of fingers

DEFAMATIONCntd…

Repetition of libel is a new libel / publication of libel in news papers Chandrasekara Pillai Vs. G. Raman Pillai sufficient to prove that the paper was

delivered in the territorial jurisdiction of the court

need not be proved that the libelous matter was seen or ready by any particular person

Reliance upon rumours Harbhajan Singh Vs.The State of Punjab reliance on rumours, even if widely current, is

not a defence to a charge of a criminal libel.

CONTEMPT OF COURTS

The Contempt of Courts Act, 1971

(1) Civil contempt willful disobedience to any judgment,

decree, direction, order, writ or other process of court or willful breach of an undertaking given to a court.

CONTEMPT OF COURTSCntd…

(2) Criminal contempt publication (whether by words spoken or written or

by signs, or by visible representations or Otherwise) of any matter or the doing of any other act whatsoever which,

Scandalises or tends to scandalise, or lowers or tends to lower the authority of any court of

prejudice or interferes or tends to interfere with the due course of any judicial proceedings, or

interferes or tends to interfere with or obstructs or tends to obstruct, the administration or justice in any other manner.

(Caution while reporting on matters that are subjudice.)

EMPLOYEE RELATED ACTS

Industrial Disputes Act Payment of Wages Act Minimum Wage Act Shops and Establishments Gratuity Act Provident Fund & Misc. Provisions

TRADE MARKS

The Trade & Merchandise Marks Act 1958

The Trade Marks Act 1999

A visual symbol in the form of a device, brand, heading, ticket , label, name, signature….

TRADE MARKSCntd…

Mark should be distinctive

Precautions to be taken vis-à-vis Passing Off Deceptively similar

COPYRIGHT

Copyright Act 1957

Copyright – an exclusive right given by law for a certain term of years to an author, composer, etc. to print publish and sell copies of his /her original work

The Copyright Act 1957

Cntd…SECTION 13 Works in which copyright subsists

Original literary, dramatic, musical and artistic works Cinematograph films and Sound recording.

P.S. There is no protection of an idea / concept in the mind.

The idea / concept would need to in a written form post which protection is provided as an original literary work

Computer programs considered to be literary works entitled to copyright protection.


Cntd…Section 19. Mode of assignment.-

(1) No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.

(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.

(3) The assignment of copyright in any work shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

(4) Where the assignee does not exercise the rights assigned to him under any of the other subsections of this section within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.


Cntd…SECTION 51:WHEN COPYRIGHT IS INFRINGED When no approval / permission from the owner

of the copyright or the Copyright Board Substantial copying - a question not of

duration but it can be recognized. R.G. Anand v/s. Delux Films - Certain guideline

/ test to check if infringement of copyright has taken place has been laid down by the Supreme court.


Cntd…Section 52. Certain acts not to be infringement of

copyright.

(a) a fair dealing with a literary, dramatic, musical or artistic work not being a computer programme for the purposes of-(i) private use, including research;(ii) criticism or review, whether of that work or of any other work; "


Cntd…

Section 52. Certain acts not to be infringement

of copyright.

(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events-(i) in a newspaper, magazine or similar periodical, or(ii) by broadcast or in a cinematograph film or by means of photographs.



copyright.

(j) if permission and consent of the owner obtained (Sec 18)

Notice of his intention to make sound recordings, provided copies of covers, labels …..

pay royalty List of conditions …

copies made for commercial sale hence the royalty rate normally paid is based on projected sales of the cassettes and CD’s



copyright.

(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;

(n) the publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public;

MUSIC Rights for

Words – Lyrics - Literary rights Music (tune) - Musical rights Combination - Performance rights

Normally all music rights belong to the Producer

Producer assigns the rights to a music company

Assignment of rights is normally in perpetuity and for the entire world

The role of the PPL and TPPL monitoring usage of songs collection of royalty

CONVERGENCE

Entertainment +

Information+

Telecommunications

Mode of creating multiple touch points for the end consumer by delivering the same content via different media platforms.

Narrowcasting Niche is in !!!

Genre Channel Media Company

Lifestyle NDTV Good Times NDTV

Kids Chutti TV Sun

Movies Bindaas Movies UTV

Education Topper TV 18

IPR INFRINGEMENT Use of audio, visuals, articles without taking

prior approvals / permissions Non telecast of the entire feed by insertion of

scrolls, advertisements etc by cable operators Inserting handouts in a news paper Signal piracy / under declaration Area Violation Licensing and Merchandising

Pirated goods Parallel imports

Internet

LEGAL RELIEF’s Civil Remedies :

Interlocutory (Temporary) injunction Anton Pillar Orders (ex-partite) Damages Account of Profits

Criminal proceedings Seeks award of punishment to the infringer

(Administrative remedies) Before the Registrar

PROTECTION OF IPR

Proactive – Ensuring that people do not infringe your

rights

Reactive Suitable action if your rights are infringed

PROTECTION OF IPR PROACTIVE- Ensuring people do not

infringe your rights

Registration of IPR

Agreements and proper documentation

Educating people Make people aware who is the right holder

Taking prior permissions

PROTECTION OF IPR REACTIVE- Suitable action if your rights

are infringed

Find out facts as to where / who is infringing your IPR (investigation)

Cost benefit analysis Action plan

Help and assistance of the local police Help and assistance of the local

Courts Both

AGREEMENTS General / necessary clauses

parties to the agreement duration / term of the agreement tentative name / nature of the project scope of work / project schedules assignment of copyright remuneration / other entitlements restrictions / non-compete termination dispute resolution / arbitration INDUSTRY norms / prevailing practices.

AGREEMENTS Professional Agreements (Self)

Names of parties to the agreement duration / term of the agreement Project specific or general assignment of copyright remuneration / other entitlements restrictions / non-compete termination dispute resolution / arbitration INDUSTRY norms / prevailing practices.

Are you a member of any association ?

LAWS / REGULATIONS (Carriage)

TRAI (Telecom Regulatory Authority of India Act – 1997)

Cable TV Networks (Reg.) Act, 1995

Ministry of Information and Broadcasting (MIB or I&B Ministry) Governmental policies for up linking

and down linking of channels. Broadcasting and Programming codes

LAWS / REGULATIONS (Content)

BRAI (Broadcast Regulatory Authority of India – Proposed)

The Indecent Representation Of Women (Prohibition) Act, 1986

Programming Code / Advertising Code Government Guidelines / Codes / Indian

Penal Code (IPC) Advertising Standards Council of India

(ASCI) The Cinematograph Act, 1952

LAWS / REGULATIONS (Misc.)

Monopolies & Restrictive Trade Practices Act, 1969 (MRTP Act)

Consumer Protection Act, 1986 (CPA)

Right to Information (Act), 2005

TRAI (Telecom Regulatory Authority of India) Act –

1997

An Act to provide for the establishment of the Telecom Regulatory Authority of India to regulate the telecommunication, and services, and for matters connected therewith or incidental thereto.

MINISTRY OF INFORMATION AND BROADCASTING

Objectives : to inform, educate and entertain people with a view to create an awareness among them about the nations potential for development, its problems and soliciting their participation in the implementation of Government's policies and programmes.

MINISTRY OF INFORMATION AND BROADCASTING Cntd…

11 media units. Main media units All India Radio (Akasavani), Television (Doordharshan), Press Information Bureau (PIB),

attached to different ministries / departments of Government

collect information about programmes, policies and activities of the department concerned

disseminate it to the print and electronic media. Directorate of Advertising and Visual Publicity, Registrar of Newspapers for India (RNI), Films Division


Also associated with The National Film Development Corporation, Indian Film Society for Children and Young

People, The Film and Television Institute of India, The Indian Institute of Mass Communication, The Press Council of India, The Central Board of Film Certification.


Acts and Rules Prasar Bharati Act, 1990 Cinematograph Act and Rules Registration of Newspapers (Central) Rules The Sports Broadcasting Signal Act 2007 Cable Television Networks Regulation Act

with amendments Notifications Downlinking Guidelines


Codes and Guidelines Broadcasting Code of AIR and Doordarshan Guidelines for providing DTH services in

India Policy Guidelines for Downlinking of

Television Channels Details of Orders / Warnings / Advisories

issued to various TV Channels Self Regulation Guidelines for the

Broadcasting Sector (Draft – 2007)


An Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.

The law relating to obscenity is codified in Secs. 292, 293 and 294 of the Indian Penal Code

The Indecent Representation Of Women (Prohibition) Act, 1986The salient features of the Act are :

(a) Indecent representation of women has been defined to mean the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent or derogatory to or denigrating, women or is likely to deprave, corrupt or injure the public morality or morals.

(b) It is proposed to prohibit all advertisements, publications, etc. which contain indecent representation of women in any form.


(c) It has also been proposed to prohibit selling, distribution, circulation of any books, pamphlets, etc. containing indecent representation of women.

(d) Offences under the Act are made punishable with imprisonment of wither description for a term extending to two years and fine extending to two thousand rupees on first conviction. Second and subsequent convictions will attract a higher

punishment.

CABLE TELEVISION NETWORKS RULES,1994 Section 6. Programme Code – (1) No programme should be carried in the cable service which -

(a) Offends against good taste or decency:(b) Contains criticism of friendly countries; (c) Contains attack on religions or communities or visuals or words

contemptuous of religious groups or which promote communal attitudes; (d) Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; (e) Is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote-anti-national attitudes; (f) Contains anything amounting to contempt of court; (g) Contains aspersions against the integrity of the President and Judiciary; (h) Contains anything affecting the integrity of the Nation;

CABLE TV NET. RULES, 1994

Cntd…

No programme should be carried in the cable service which … cntd

(i) Criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country ; (j) Encourages superstition or blind belief; (k) Denigrates women through the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals; (l) Denigrates children; (m) Contains visuals or words which reflect a slandering, ironical and

snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups (n) Contravenes the provisions of the Cinematograph Act, 1952.(o) is not suitable for unrestricted public exhibition.

Explanation – For the purpose of this clause, the expression “unrestricted public exhibition” shall have the same meaning as assigned to it in the Cinematograph Act, 1952 (37 of 1952);

CABLE TV NET. RULES, 1994

Cntd…

6(2) The cable operator should strive to carry programmes in his cable service which project women in a positive, leadership role of sobriety, moral and character building qualities.

6(3) No cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the Copyright Act, 1972 (14 of 1972) unless he has been granted a licence by owners of copyright under the Act in rest of such programme.

6(4) Care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence.

6(5) Programmes unsuitable for children must not be carried in the cable service at times when the largest numbers of children are viewing.

CABLE TELEVISION NETWORKS RULES,1994

Section 7. Advertising Code

7(1) Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.

CABLE TELEVISION NETWORKS RULES,1994Section 7. (2) No advertisement shall be permitted which –

(i) Derides any race, caste, colour, creed and nationality

(ii) Is against any provision of the Constitution of India

(iii) Tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way.

(iv) Presents criminality as desirable

(v) Exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary

(vi) In its depiction of women violates the Constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service is tasteful and aesthetic and is within the well established norms of good taste and decency.

(vii) Exploits social evils like dowry, child marriage

CABLE TELEVISION NETWORKS RULES,1994Section 7. cntd

(3) No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature, advertisement must not be directed towards any religious or political end.(3A) No advertisement shall contain references which hurt religious sentiments.

(4) The goods or services advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act, 1986.

(5) No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.

(6) The picture and the audible matter of the advertisement shall not be excessively `loud’.

CABLE TELEVISION NETWORKS RULES,1994Section 7. cntd

(7) No advertisement which endangers the safety of children or creates in them many interest in unhealthy practises or shows them begging or in an undignified or indecent manner shall not be carried in the cable service.

(8) Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoid in all advertisements.

(9) No advertisement which violates the standards of practise for advertising agencies as approved by the Advertising Agencies Association of India, Bombay, form time to time shall be carried in the cable service.

(10) All advertisement should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz. Use of lower part of screen to carry captions, static or moving alongside the programme.

Cinematograph Act, 1952“unrestricted public exhibition”

Section 4 read with Section 5 of the Cinematograph Act, 1952 Sanction the film for unrestricted public exhibition - U Provided that, having regard to any material in the film, if the

Board is of the opinion that it is necessary to caution that the question as to whether any child below the age of twelve years may be allowed to see such a film should be considered by the parents or guardian of such child, the Board may sanction the film for unrestricted public exhibition with an endorsement to that effect - U/A

Sanction the film for public exhibition restricted to adults - A Sanction the film for public exhibition restricted to members of

any profession or any class of persons, having regard to the nature, content and theme of the film - S

RIGHT TO INFORMATION

Dr. Manmohan SinghPrime Minister of India

Speech in Parliament on May 11, 2005.

“I believe that the passage of this Bill will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an ear which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.”

RIGHT TO INFORMATIONKey Concepts Transparency & Accountability in the working

of every public authority The right of any citizen of India to request

access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Secs. 18/19).

The duty of Govt. to pro-actively make available key information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, Media

Monopolies & Restrictive Trade Practices Act, 1969 (MRTP Act)

Was enacted in 1969 to prevent monopolies, restrictive & unfair trade practices in the economy.

Section 33 lists “Restrictive Trade Practices”.

Section 36 A lists “Unfair Trade Practices”

False representation of products or services, including false description, guarantee, warranty or performance of a product or service.

Advertisement of false bargain price. Contest, lotteries, game of chance or skill for promotion of

sale. Sale of goods, not in conformity with safety standards

provided by the law.

Consumer Protection Act, 1986 Was enacted in 1986 to provide for the better protection of the

interest of consumers; Section 2 (1) (nnn) lists Restrictive Trade Practices

Section 2(1)(r) lists “unfair trade practice” as a false representation that:

Misstatements on standard, quality, quantity, grade, composition, style or model;

seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;

the need for, or the usefulness of, any goods or services; Misstatements on warranty or guarantee of the

performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;

Disparages the goods, services or trade of another person.

Consumer Protection Act, 1986 Section 2(2), 2(3), 2(3A), 2(4), 2(5) & 2(6) restricts the following:-

Misleading advertisements / Bargain price of goods or services that are not intended to be offered for sale or supplied at that bargain price;

Free gifts, prizes or other items when in fact the price is fully or partly covered by the amount charged in the transaction as a whole;

Conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest;

Withholding from the participants of any scheme offering gifts, prizes or other items free of charge, on its closure the information about final results of the scheme;

Permit the sale or supply of goods to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods.

Competition Act 2002

Act enacted to prevent (i) Practice having an adverse effect on competition; and (ii) to promote and sustain competition in the markets.

Anti-Competitive Agreements (Section 3)

prohibits restriction in respect of production, supply, distribution, storage, acquisition, or control of goods or provision of services;

Restricts fixation of purchase / sale prices or limits or controls production/ supply / technical development/ investment or result in bid rigging / collusive rigging then such agreement shall be presumed to have an adverse effect on competition.

Any tie-in arrangement, exclusive supply agreements, exclusive distribution agreements, refusal to deal, re-sale price maintenance etc they shall be deemed to be anti-competitive.

CONTESTS / COMPETITIONS PROMOTIONS Nature – for who Duration – for how long Territory – which places Eligibility & Procedure Paper work – Documents / tie ups etc. Selection of Winners – transparency /

maintaining records Prizes and distribution of prizes Taxes Restrictions and exclusions

LAWS REGULATIONS AND REG. BODIESCntd… Indian Broadcasters Fed. (IBF) Artiste / producers / writers guilds Indian Music Industry (IMI) Central Board of Film Certification

(CBFC) News Broadcasting Association (NBA) The Association of Radio Operators

of India (AROI)

SOCIAL RESPONSIBILTIY OF

MEDIA

Only true report in the media is cricket scores and election results ????

Social responsibility and social relevance are two different terms no doubt, but they are deeply intertwined.

Code of ethics considers …

Safeguarding freedom of expression. Freedom of access of information sources. Objectivity, accuracy, truthfulness or the non-

misrepresentation of facts. Responsibility to the public and its rights and interest

and in relation to national, racial and religious communities and the maintenance of peace.

The obligation to refrain from calumny, unfounded accusations, slander and violations of privacy.

Integrity and independence. The right of reply correction. Respect of professional confidentiality and Consideration for the cultural, social or ethnic codes.

Important readings Constitution of India - Articles 12 to 35. Indian Penal code – Section 499 Copyright Act 1957 – Sections 2, 13, 19,

51 and 52 Right to Information Act, 2005 Sec 5 of the Act (Cable TV) read with

Sections 6 & 7 of the Cable TV Rules – Programme Code and Advertising Code


Suggested websites to be visited / read

• Ministry of Information and Broadcasting (MIB) mib.nic.in

• www.ascionline.org• www.indiantelevision.com• www.agencyfaqs.com• www.cable-quest.in• www.pplindia.org/• www.iprs.org/

Write short notes on :(not more than 50 words)

3 C’s of the media Defamation IPRS PPL Convergence Electronic Media IPTV IBF I&B Ministry Broadcasting Narrowcasting

Critique the following :(not more than 100 works) How can you protect © Programming Code Advertising Code Film categorization under Cinematograph Act, 1952 Indecent representation of women Assignment of © Section 19 of Copyright Act Article 19(1)(a) of the Constitution of India Satellite and Terrestrial Telecast How do you protect a concept Various rights associated with music / musical works

Help line

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