NATIONAL CONSULTATION OF MEDIA LAW

26th-27th September 2014

Organised by

Law Commission of India

&

National Law University, Delhi

LIST OF SOURCES

Media Regulation
Statute
1. Press Council of India Act
2. Press Council, Resolution for a Media Council, 2012
Report
1. An Inquiry into the Culture, Practices and Ethics of the Press: Report, 2012
(Leveson Report)

Media Ownership
TRAI
1. Recommendations on Issues Relating to Media Ownership, August 12, 2014
2. Recommendations on Cross Media Holdings, February 25, 2009
3. TRAI Consultation Paper on Cross Media Ownership, March 15, 2013
Ministry of Information and Broadcasting
1. Report of Administrative Staff College of India, July 2009

Broadcasting
Self-Regulatory Material
1. BCCC, Guidelines on Self Regulation
2. BCCC, Report to the Ministry of Information and Broadcasting

3. BCCC, Orders and Advisories

4. NBSA, Regulations
5. NBA, Code of Ethics
Statutes and Legislative Proposals
1. The Cable Television Networks (Regulation) Act, 1995
2. Broadcasting Bill, 1997
3. Broadcasting Services Regulation Bill, 2007 & the Ministry of I&B, Consultation
Paper on the proposed draft of the Broadcasting Services Regulation
4. ORF, Media Bill
Policy Guidelines
1. Uplinking Policy Guidelines
2.

Downlinking Policy Guidelines

Case Law

1. Secy., Ministry of Broadcasting v. Cricket Assn., Bengal, (1995) 2 SCC 161

Paid News, Opinion Polls & Exit Polls

Statute
1. Representation of People Act, 1951
Reports
1. Press Council of India, Report on Paid News, 2010
2. Ministry of Law and Justice, Report of the Committee on Electoral Reforms,
2010
3. Parliamentary Standing Committee on Information Technology, 47th Report:
Issues Related to Paid News.

Opinions
1. Attorney Generals Recommendation to the Ministry of Law on Opinion Polls
(Milon K. Bannerjee)
2. Attorney Generals Recommendation to the Ministry of Law on Opinion Polls
(Soli Sorabjee)
3. Attorney Generals Recommendation to the Ministry of Law on Opinion Polls,
July 2013 (G.E. Vahanvati)
Guidelines
1. Press Council of India, Guidelines on Pre-Poll and Exit Poll, 1996
Case Law
1. In re: Account of election expenses of Smt. Umlesh Yadav, returned candidate from 24-Bisauli
Assembly Constituency at the general election to the Uttar Pradesh Legislative Assembly,
2007-Scrutiny of account under section 10A of the Representation of the People Act, 1951,
dated the 20th of October, 2011 (Election Commission)
2. Ashok Shankarrao Chavan v. Madhavrao Kinhalkar, S.L.P. (Civ) 29882/2011
(Supreme Court)

Public Broadcasting
Statute
1. Prasar Bharati Act, 1990
Report
1. Report of Prasar Bharatis Expert Committee, 2013

Social Media
Statute
1. The Information Technology Act, 2000 (as amended), Sections 66A
Reports
1. 52nd Report of Parliamentary Standing Committee on IT.

2. 31st Report of the Parliamentary Standing Committee on Subordinate Legislation,

2012-2013
Advisories
1. Advisory on implementation of Section 66A of the Information Technology Act,
2000, No. 11(6)/2012-CLFE, Government of India, Department of Electronics
and Information Technology, January 9, 2013

Privacy, Defamation and Trial By Media

Constitution/Statute
1. Constitution, Article 19(2)
2. Indian Penal Code, Section 499 and 500
Case Law
Public Figures
1. Rajagopal v. State Of T.N., 1994 SCC (6) 632
2. Phoolan Devi v. Shekhar Kapoor, 57 (1995) DLT 154
3. Indu Jain v. Forbes, IA 12993/2006 in CS(OS) 2172/2006 (High Court of Delhi,
October 12, 2007)
4. Raja v. P. Srinivasan, AIR 2010 Mad 77
Sting Operations
1. Court On Its Own Motion v. State, 146 (2008) DLT 429
2. Raja Ram Pal v. The Hon'ble Speaker, Lok Sabha & Others, (2007) 3 SCC 184
3. Aniruddha Bahal v. State, (2010) 172 DLT 269.
4. Rajat Prasad v. CBI, Criminal Appeal No. 748 Of 2010 (Supreme Court, 24 April
2014
5. K. Anand v. Registrar, Delhi High Court, 1 (2009) 8 SCC 106

Other
Sting Operations
1. Law Commission, Consultation Paper cum- Questionnaire on Undercover Sting
Operations
Trial By Media
1. Law Commission, 200th Report on Trial by Media: Free Speech and Fair Trial
under Criminal Procedure Code, 1973
Contempt of Court
Statutes
1. Constitution of India, Articles 129, 142(2) and 215; Entry 77, List I of the
Seventh Schedule.
2. The Contempt of Court Act, 1971 (as amended).
Reports
1. H.N. Sanyal Committee Report, 1963.
2. Report of the Joint Committee on Contempt of Courts Act, 1971.
3. Department-Related Parliamentary Standing Committee On Personnel, Public
Grievances, Law And Justice Twelfth Report On The Contempt Of Courts
(Amendment) Bill, 2004.
4. Report of the National Commission for the Review of the Working of the
Constitution, paragraphs 3.8.1 and 7.4.
Cases
1. R. v. Almon, (1765) Wilmot 243 (Published 1802).
2. McLeod v. St. Aubyn, (1899) AC 549.
3. Ambard v. Attorney General for Trinidad and Tobago, AIR 1936 PC 141.

4. Brahma Prakash Sharma v. State of Uttar Pradesh, AIR 1954 SC 10.

5. Perspective Publications v. State of Maharashtra, (1969) 2 SCR 779.
6. E.M. Sankaran Namboodripad v. T. Narayanan Nambiar, (1970) 2 SCC 325.
7. In Re P. C. Sen, AIR 1970 SC 1821.
8. In Re S. Mulgaonkar,(1978) 3 SCC 339.
9. M.R. Parashar v. Farooq Abdullah, (1984) 2 SCC 343.
10. P.N. Duda v. P. Shiv Shanker, (1988) 3 SCC 167.
11. Delhi Judicial Service Association v. State of Gujarat, (1991) 4 SCC 406.
12. C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC 457.
13. In Re Arundhati Roy, (2002) 3 SCC 343.
Other
1. Australia:
-

Report on Review of Law of Contempt, The Law Reform Commission

of Australia, June 2003.

2. United Kingdom:
-

UK Law Commission, Contempt Of Court: Scandalising the Court (Law

Com. No. 335).

Reporting of Judicial and Legislative Proceedings

Constitution/Statutes
Legislative Proceedings
1. Article 361A, Constitution of India.
2. Parliamentary Proceedings (Protection of Publication) Act, 1977.

Judicial Proceedings
1. Section 228-A, Indian Penal Code, 1860.
2. Contempt of Courts Act, Sections 4 and 7.
3. Civil Procedure Code, Section 151.
4. Official Secrets Act, 1923, Section 14.
5. Hindu Marriage Act, 1955, Section 22; Indian Divorce Act, 1869, Section 53;
Special Marriages Act, 1954, Section 33; Parsi Marriage and Divorce Act, Section
43.
Case Law
Legislative Proceedings
1. MSM Sharma v. Krishna Sinha, AIR 1959 SC 395.
2. Jatish Chandra v. Hari Sadhan, AIR 1961 SC 613.
3. CK Dapthary v. O.P. Gupta, (1971) 1 SCC 626.
4. Jawaharlal Darda v. MG Kapsikar, (1998) 4 SCC 112.
Judicial Proceedings
1. Naresh Mirajkar v. State of Maharashtra, AIR 1967 SC 1
2. Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers Bombay (P) Ltd.,
AIR 1989 SC 190.
3. Sahara v. SEBI, 2012 10 SCC 603