Module 2

motivated others to install similar stations; a total of eight were operating in the United States by
the end of 1921.The popularity of these early stations created two possible sources of financial
support to offset the operating costs of broadcasting. First, there were possibilities for profit in
the manufacture and sale of radio receiving equipment, and, second, the fame attained by the
organizations operating the first broadcasting stations called attention to the value of
broadcasting as an advertising medium. Advertising eventually became the principal means of
support for broadcasting in the United States. Between 1921 and 1922 the sale of radio receiving
sets and of component parts for use in home construction of such sets began a boom that was
followed immediately by a large increase in the number of transmitting stations. By 1st
November, 1922, 564 broadcasting stations had been licensed.

2.10.3 Government Regulation

Although the growth of radio broadcasting in the United States was spectacularly swift, in the
early years it also proved to be chaotic, unplanned, and unregulated. Furthermore, business
arrangements that were being made between the leading manufacturers of radio equipment and
the leading broadcasters seemed to threaten monopoly. Congress responded by passing the Radio
Act of 1927, which, although directed primarily against monopoly, also set up the agency that is
now called the Federal Communications Commission (FCC) to allocate wavelengths to
broadcasters. The government’s attack on monopoly resulted eventually in four radio networks—
the National Broadcasting Company, the Columbia Broadcasting System, the Mutual
Broadcasting System, and the American Broadcasting Company—while the FCC permitted
orderly growth and ensured the survival of educational radio stations.

1950s and 1960s

Television began to replace radio as the chief source of revenue for broadcasting networks.
Although many radio programs continued through this decade, including Gun smoke and The
Guiding Light, by 1960 networks had ceased producing entertainment programs.

As radio stopped producing formal fifteen-minute to hourly programs, a new format developed.
"Top 40" was based on a continuous rotation of short pop songs presented by a "disc jockey."
Famous disc jockeys in the era included Alan Freed, Dick Clark, Don Imus and Wolfman Jack.

Top 40 playlists were theoretically based on record sales; however, record companies began to
bribe disc jockeys to play selected artists, in what was called payola.

In the 1950s, American television networks introduced broadcasts in color. (The Federal
Communications Commission approved the world's first monochrome-compatible color
television standard in December 1953. The first network colorcast followed on January 1, 1954,
with NBC transmitting the annual Tournament of Roses Parade in Pasadena, Calif. to over 20
stations across the country.) An educational television network, National Educational
Television (NET), predecessor to PBS, was founded.

2.10.4 The Internet and the United States

The Internet originated in the late 1960s when the United States Defence Department developed
ARPAnet (Advanced Research Projects Agency network), an experimental network of
computers designed to withstand partial outages such as a bomb attack. The agency sought to
create a web of computers that could continue to communicate with each other, even if some of
the computers were disabled. In the mid-1980s, when desktop computer workstations became
increasingly popular, organizations wanted to connect their local area networks (LANs) to
ARPAnet. If computers could link together and share resources, everyone would benefit.

To help speed the connections, the National Science Foundation (NSF) established five
supercomputing centres in 1986, creating the NSFnet backbone. In 1987, the NSF signed a
cooperative agreement to manage the NSFnet backbone with Merit Network, Inc., and by 1990,
ARPAnet had been phased out. NSFnet continued to grow, and more and more countries around
the world connected to this Internet backbone.

1991 was a big year for the Internet. The National Research and Education Network (NREN)
was founded and the World Wide Web was released. The Internet is still dominated by scientists
and other academics, but begins to attract public interest. With the release of the Mosaic Web
browser in 1993 and Netscape in 1994, interest in and use of the World Wide Web exploded.
More and more communities become wired, enabling direct connections to the Internet. In 1995,
the U.S. federal government relinquished its management role in the Internet and NSFnet
reverted back to being a research network. Interconnected network providers are strong enough
now to support U.S. backbone traffic on the Internet. However, the presidential administration

encourages continued development of the U.S. backbone of the Internet, also known as the
National Information Infrastructure (NII) - and, most commonly, as the "Information
Superhighway".70

2.11 HISTORY AND EVOLUTION OF BROADCASTING IN INDIA

2.11.1 Growth and Development

Broadcasting in India began about thirteen years before AIR came into existence. In June 1923,
the Radio Club of Bombay made the first ever broadcast in the country. This was followed by the
setting up of the Calcutta Radio Club five months later. The Indian Broadcasting Company
(IBC) came into being on July 23, 1927, only to face liquidation in less than three years.

In April 1930, the Indian Broadcasting Service, under the Department of Industries and Labour,
commenced its operations on an experimental basis. Lionel Fielden was appointed the first
Controller of Broadcasting in August 1935. In the following month Akashvani Mysore, a private
radio station was set up. On June 8, 1936, the Indian State Broadcasting Service became All
India Radio.

The Central News Organisation (CNO) came into existence in August, 1937. In the same year,
AIR came under the Department of Communications and four years later came under the
Department of Information and Broadcasting. When India attained independence, there were six
radio stations in India, at Delhi, Bombay, Calcutta, Madras, Tiruchirappalli and Lucknow. There
were three in Pakistan (Peshawar, Lahore and Dacca). AIR then had a coverage of just 2.5 % of
the area and 11% of the population. The following year, CNO was split up into two divisions, the
News Services Division (NSD) and the External Services Division (ESD). In 1956 the name
AKASHVANI was adopted for the National Broadcaster. The Vividh Bharati Service was
launched in 1957 with popular film music as its main component.

The phenomenal growth achieved by All India Radio has made it one of the largest media
organisations in the world. With a network of 262 radio stations, AIR today is accessible to
almost the entire population of the country and nearly 92% of the total area. A broadcasting

70 Department of Information and Library Science, Indiana University. "Brief history of the Internet." Accessed
June 25, 2013. http://ils.indiana.edu/faculty/umikerse/Parents/BriefHistory.html.

giant, AIR today broadcasts in 23 languages and 146 dialects catering to a vast spectrum of
socio-economically and culturally diverse populace.

Programmes of the External Services Division are broadcast in 11 Indian and 16 foreign
languages reaching out to more than 100 countries. These external broadcasts aim to keep the
overseas listeners informed about developments in the country and provide a rich fare of
entertainment as well.

The News Services Division, of All India Radio broadcasts 647 bulletins daily for a total
duration of nearly 56 hours in about 90 Languages/Dialects in Home, Regional, External and
DTH Services. 314 news headlines on hourly basis are also being mounted on FM mode from 41
AIR Stations. 44 Regional News Units originate 469 daily news bulletins in 75 languages. In
addition to the daily news bulletins, the News Services Division also mounts number of news-
based programmes on topical subjects from Delhi and its Regional News Units

AIR operates at present 18 FM stereo channels, called AIR FM Rainbow, targeting the urban
audience in a refreshing style of presentation. Four more FM channels called, AIR FM Gold,
broadcast composite news and entertainment programmes from Delhi, Kolkata, Chennai and
Mumbai. With the FM wave sweeping the country, AIR is augmenting its Medium Wave
transmission with additional FM transmitters at Regional stations.

In keeping with the Government decision for transition to the digital mode of transmission, AIR
is switching from analog to digital in a phased manner. The technology adopted is the Digital
Radio Mondiale or DRM. With the target of complete digitization by 2017, the listeners can look
forward to highly enhanced transmission quality in the near future.

2.11.2 History and Evolution of Television Broadcasting in India

Doordarshan (meaning “View from Afar”), a public service broadcaster and one of the largest
terrestrial television networks in the world, started in New Delhi as an experiment in 1959 with
half-hour programs on education and development.71

Regular television service commenced in major Indian cities such as Delhi in 1965, Mumbai
(Bombay) in 1972, Kolkata (Calcutta) and Chennai (Madras) in 1975. Television services were
separated from radio in 1976. India introduced color television in 1982 coinciding with the Asian
Games held in New Delhi.

With the advent of colour television, the state-owned broadcaster Doordarshan introduced in
1982 Doordarshan National programs that ushered in a major broadcasting revolution with
national telecasts of government events, sports, soaps, and other programming that attracted
nationwide viewership and advertisements.

India’s first long running television soap opera, Hum Log (We People), which began in 1984,
was designed to promote women’s status in Indian society with pro-social messages about equal
status for women, family harmony, and smaller family size. Doordarshan commissioned
television adaptation of the ancient Indian religious epics, Ramayana (1987-88) and Mahabharata
(1989-90). These mythological serials became instant television hits that cut across rural-urban
barriers to attract advertisers and viewers across India and abroad.

Doordarshan also featured an array of programming innovations such as Indian soap operas,
comedy shows, children’s programs and crime thrillers that led to its exponential expansion.

In response to both political protests and popular demands that the government-owned
broadcasters should be autonomous like those in other countries, the All India Radio and
Doordarshan were merged in 1997 under Prashar Bharati (Broadcasting Corporation of India), a
regulatory agency.

Television ceased to be under strict government control by 1990 when trans-border satellite
channels such as Star TV and CNN began beaming programs. Jaded with Doordarshan’s staid

71 Debashis Aikat, An Inexorable Watchdog: The Evolution of India’s News Media in Re-shaping Democratic
Traditions, Research abstract for the 2009 ICA Pre-Conference at
<http://www.global.asc.upenn.edu/docs/ICA2009/> (Accessed on 17 June, 2013).

programming steeped in officialdom, urban residents installed receivers to access satellite
programs. Some local entrepreneurs started offering television services, albeit illegal, that
provided access to an array of international channels. The government’s economic liberalization
and deregulation of the 1990s led to a proliferation of international satellite television, global
television channels, and cable networks.

During the late-1990s, Indian television audiences enjoyed a plethora of channel choices
comprising CNN, BBC, MTV, western soap operas and movies on television channels. Some
pan Indian television networks featured Indian movies, music prayer services, soap operas and
news features in English and local languages. By 1998, several international television channels
adopted programs with local flavor in response to waning interest in foreign television content.

Indian entertainment television channels such as Zee TV, Star Plus, and Sony Entertainment
introduced shows based on socio-cultural themes, pluralism of ethnic and cultural norms, local
language messages, and region-specific interests to compete with pan-Indian networks in
localized markets.

India’s broadcast media environment offers nearly 300 channels including program choices from
Doordarshan, domestic and global media companies such as News Corporation, Sony
Entertainment and Walt Disney. Today, such programs also attract a global audience. India’s
entertainment television channels such as Bollywood 4 U, TV ASIA, MTV India, re-package
their media content for the global south Asian diaspora across Europe, Africa, Australia, and the
Americas. Besides exerting greater cultural influence with transforming television content, these
media companies have led to increased journalistic independence and greater scrutiny of the
government.

Faced with competition from private channels, Doordarshan, the public broadcaster, has
reconfigured its programs with sports, news and entertainment content and introduced a satellite
television service with no subscription fees. Its programs now reach 90 percent of the population
through a network of nearly 1400 terrestrial transmitters and 65 studios. Doordarshan remains
the most widely available network, especially in rural areas, where a majority of the population
lives.

Privatization of the television industry, has done wonders for the broadcasting business and the
content hungry Indian television viewer. What has worked for foreign broadcasters and their
content is the readymade English speaking market which India provides. The content which they
air abroad can be easily aired without major modifications required to be made to it. Nowadays,
a scenario which was unheard of two decades back, a large amount of the content which is being
produced abroad for English speaking westerners is available on Indian television within months
of it being made available in the west. The readymade Indian market and a growing demand for
foreign grown content are two major factors for the growth and availability of western television
in India.

What would be hurting broadcasters and content creators in producers in the Indian market is the
growing piracy sector. Due to the reach of the internet, especially in urban and semi-urban India
where most of the English speaking population resides, the people are indulging in piracy every
day. Consumers do not have to wait for a particular show or programme to air on television, they
can just download pirated versions from the internet and enjoy the content of their choice.

2.11.3 Internet and Emerging Technologies

In August 1995, India began full-scale internet service for public access through Videsh Sanchar
Nigam, India’s overseas communications agency. That led to rapid diffusion of Internet
communication nationwide (estimated 150 million Internet users in 2009). Despite a yawning
digital divide, modern communication systems in Indian cities co-exist with abysmal
connectivity in the remote villages, where more than 70 percent of India’s population lives.

Compared to traditional landline phones, mobile phones have emerged as the dominant mode for
telephony in rural areas, where fewer people own phones and it is easy to link distant villages
with cost-efficient installation of mobile infrastructure. Mobile phones also provide similar
flexibility and convenience to the urban consumer. India has the world’s fastest growing mobile
phone market.

In 2009, India adopted the third generation (3G) mobile technology that provides users access to
high-end data applications, including high speed interactive gaming and Internet access, video
conferencing, video streaming and other multimedia features on the phone. The recent growth of

the Internet in India has led to a spurt in online journalism comprising news websites, blogs,
wikis, and some crowd-sourced citizen journalism that has permeated the national consciousness.

Since 2000, online journalism in India has exposed a range of issues such as political corruption,
misuse of state funds and match-fixing in professional cricket, India’s national pastime. A large
section of the Indian news audience regularly access web sites of mainstream media, Twitter,
photo and video sharing sites, wikis, blogs for breaking news and commentary.

During the November 2008 terrorist attacks in Mumbai, more than nine million people in India
and abroad accessed the web site of The Times of India, India’s largest English-language
newspaper. Page views on the Times of India web site saw a fourfold increase from 4.5 million
on November 27, 2008, the day after the attacks, to more than 17 million the next day. Breaking
news of the terrorist attacks featured on blogs and Twitter messages. India’s burgeoning
blogging community, comprising more than 150,000 blogs, covers topics like politics, social
issues, Bollywood celebrities, Indian culture, and technology trends.

Mirroring the success and influence of the Indian language media, Indian bloggers represent the
rich diversity of regional languages and local issues. A significant number of Indian bloggers
communicate in English to reach a global audience both in India and abroad.

2.12 LAWS AND REGULATIONS GOVERNING BROADCASTING IN THE UNITED
KINGDOM

In the United Kingdom, all Broadcasting is regulated by the Office of Communications (Ofcom)
as established by the Communications Act, 2003.

The Communications Act, 2003 establishes a regulatory body by the name of Ofcom (Office of
Communication). The purpose of the Act is to make provisions about the regulation of the
provision of electronic communications networks and services and of the use of the electro-
magnetic spectrum; to make provision about the regulation of broadcasting and of the provision
of television and radio services; to make provision about mergers involving newspaper and other
media enterprises and, in that connection, to amend the Enterprise Act 2002 and for other
connected purposes.

Ofcom is the communications regulator. It regulates the TV and radio sectors, fixed line
telecoms, mobiles, postal services, plus the airwaves over which wireless devices operate.72

Ofcom is required under the Communications Act, 2003 and the Broadcasting Act, 1996 to draw
up a code for television and radio, covering standards in programmes, sponsorship, and product
placement in television programmes, fairness and privacy. This Code is to be known as the
Ofcom Broadcasting Code.73

Section 319 of the Communications Act, 2003 states: “It shall be the duty of OFCOM to set, and
from time to time to review and revise, such standards for the content of programmes to be
included in television and radio services as appear to them best calculated to secure the
standards objectives.”74

The Code has also been drafted in the light of the Human Rights Act 1998 and the European
Convention on Human Rights. In particular, the right to freedom of expression, as expressed in
Article 10 of the Convention, encompasses the audience's right to receive creative material,
information and ideas without interference but subject to restrictions prescribed by law and
necessary in a democratic society. Unless expressly stated otherwise, the Code applies to radio
and television content.75

Broadcasters are required by the terms of their Ofcom licence to observe the Standards Code and
the Fairness Code, which are to be interpreted as references to this Code. Observance of this
Code is also required in the case of the BBC by the BBC Agreement.

General control is wider than editorial control in that it includes control over services and
facilities to which access is provided (for example through the inclusion in the main service of a
link or facility to interactive features) and over which the broadcaster may not have editorial
control.

72 Ofcom. "Ofcom | What is Ofcom?" Accessed June 21, 2013. http://www.ofcom.org.uk/about/what-is-ofcom/.
73 Ofcom | Stakeholders. "Ofcom | The Legislative Background to the Code." Accessed June 18, 2013.
<http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/broadcast-code/background/>
74 Communications Act, 2003 available at <http://www.legislation.gov.uk/ukpga/2003/21/contents> Accessed
June 13, 2013.
75 Ofcom | Stakeholders. "Ofcom | The Legislative Background to the Code." Accessed June 18, 2013.
<http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/broadcast-code/background/> .

Although a link included in the service may lead to features outside of that service which are not
regulated by Ofcom, the provision of access to those features by, for instance, the inclusion of a
link, is within the control of the broadcaster and so within Ofcom's remit. Ofcom may therefore
require such a link or facility to be removed where Ofcom has concerns, in the light of its
statutory duties and, in particular, the standards objectives set out in section 319 of the Act, about
the material to which it leads. In any event, the transition from broadcaster to third-party control
must be clear to the viewer, so as to manage both audience expectations regarding the material to
which they are being led and the risk to the broadcaster of being found in breach of this Code.
Where the Code has been breached, Ofcom will normally publish a finding and explain why a
broadcaster has breached the Code.
2.12.1 Specific Duties of Ofcom

Ofcom’s specific duties are as follows:

● Ensuring the optimal use of the electro-magnetic spectrum

● Ensuring that a wide range of electronic communications services – including high speed
data services – is available throughout the United Kingdom

● Ensuring a wide range of TV and radio services of high quality and wide appeal

● Maintaining plurality in the provision of broadcasting

● Applying adequate protection for audiences against offensive or harmful material

● Applying adequate protection for audiences against unfairness or the infringement of privacy.

2.12.2 Broadcasting Regulation

The regulation of the television industry prior to the Communications Act 2003 was carried out
by the Broadcasting Standards Commission and the Independent Television Commission in
relation to television and the Radio Authority in relation to the radio. Now following the 2003
Act the powers and functions of all have been taken over by Ofcom.

Applying adequate Protection for audiences against offensive or harmful material

When concerned with offensive or harmful material, Ofcom will investigate the material in
accordance with accepted standards.

Ofcom protects the audience by putting specific codes in place which producers or broadcasts
should take into account when producing their broadcasts.

Ofcom will further protect the interests of citizens in relation to this by fully researching any
complaints which they may have received from members of the general public in relation to
offensive or harmful material.

Applying adequate protection for audiences against unfairness or the infringement of privacy

Ofcom will ensure that audiences are protected against unfairness of infringement of privacy in
relation to broadcasting by fully examining any complaint they receive by a member of the
general public in relation to this.

2.12.3 Ofcom complaints procedure

When an individual is concerned with the standards of a broadcast, they will be free to approach
Ofcom to exhibit their concern but when an individual is concerned with unfairness or
infringement of privacy, Ofcom will only investigate a claim from an individual who has a direct
interest in the broadcast.

2.12.4 The Ofcom Broadcasting Code 2009

The Ofcom Broadcasting Code 2009 took effect on 16 December 2009 and now covers all
programmes broadcast on or after 16 December. Programmes broadcast before this date were
still covered by the 2005 broadcasting Code.

The Broadcasting Code 2009 puts in place specific standards which must be adhered to when
broadcasting programmes. In particular, it contains provisions regarding the following:

● Protection of Under 18’s

● Harm and Offence
● Crime
● Religion
● Privacy
2.12.5 Protection of Under 18’s

In relation to this key area of the code the following provisions are made:

● Material that might seriously impair the physical, mental or moral development of people
under eighteen must not be broadcast.

● In the provision of services, broadcasters must take all reasonable steps to protect people
under eighteen.

● Children must also be protected in the form of appropriate scheduling ensuring that they are
not privy to material that is unsuitable for them.

Definition of Children

In this context, children is taken to mean anyone under the age of 15.

What is meant by appropriate scheduling?

The following factors are taken into consideration when looking at appropriate scheduling:

● the nature of the content;
● the likely number and age range of children in the audience, taking into account school time,

weekends and holidays;
● the start time and finish time of the programme;
● the nature of the channel or station and the particular programme; and
● the likely expectations of the audience for a particular channel or station at a particular time

and on a particular day.

The Watershed – Television broadcasting

The term watershed is a term which applies specifically to television and means that programmes
which would be regarded as unsuitable for children should not be shown after 21.00 or before
05.30.

Children Likely to be listening – Radio broadcasting

Radio broadcasters must pay particular attention to their content during times when it is said that
children are likely to be listening. This is particularly during the “school run” and for those hours
immediately after school.

Offensive Language, Sexual Material, Use of Drugs Alcohol or Smoking

These subjects must be appropriately limited prior to the watershed and at times when children
are likely to be listening. In cases where the programmes are made specifically for children these
subjects must not be featured unless there is strong editorial justification.

Restricted Films

Films which are classified as restricted to people of the age of 18 or over cannot be shown prior
to the watershed unless they are shown on pay per view services.

Films which are classified as restricted to people of the age of 15 or over can only be shown
prior to the watershed if there is mandatory restricted access in place and those security systems
in place must mandatorily be described to all subscribers.

Harm and Offence

The principal contained within the Broadcasting Code 2009 in relation to harm and offence is as
follows:

“To ensure that generally accepted standards are applied to the content of television and radio
services so as to provide adequate protection for members of the public from the inclusion in
such services of harmful and/or offensive material.”

Generally accepted Standards

When deciding what is a generally accepted standard, broadcasters of both television and radio
must ensure that material which may cause offence is justified by the context of the material.

What material is included as harmful or offensive?

Such material may include the following:

● Offensive language
● Violence
● Sex and sexual violence
● Humiliation
● Discriminatory treatment or language an example of this is on the grounds of age, disability,

gender, race, religion, beliefs and sexual orientation

What is meant by Context of the material?

When looking at the context of the material factors, such as the editorial content of the
programme or series, the service which the programme is broadcast on, the time of the broadcast,
the programmes scheduled both before and after the programme in question, the degree of harm
likely to have been caused by the inclusion and the potential size of the audience among other
factors will be taken into account.

Crime

● Material that is likely to encourage or incite the commission of a crime or to lead to disorder
should not be included in television or radio services.

● Material which either describes or demonstrates criminal techniques containing essential
details of the techniques must not be broadcast unless they are editorially justified.

● If a programme is made concerning particular crimes then no payment can be made to a
criminal involved in any of the crimes depicted in the broadcast.

● During criminal proceedings no payment can be made or offered to witnesses involved in
those proceedings.

Religion

● Broadcasters have to exercise the proper degree of responsibility with respect to the content
of programmes which are religious.

● Broadcasters must ensure that religious programmes do not involve the improper exploitation
of any susceptibilities of the audience for such a programme.

● Broadcasters must also ensure that religious programmes do not involve any abusive
treatment of the religious views belonging to a particular religion.

Privacy

● Broadcasters must avoid unwarranted infringement of privacy in the programmes but must
also be ensured against the unwarranted infringement of privacy in obtaining the material
used in the programmes.

● For a use to be warranted the broadcaster has to be able to demonstrate the infringement of
the privacy as warranted in each case. The best example of this is that it would be in the
public interest.

Fairness and Privacy

● Along with setting rules and regulations in order to protect the viewers of broadcasting
content the Broadcasting code also sets certain guiding procedures to be followed by the
broadcasters in order to maintain the fairness it imparts to individuals and organizations and
also in order to maintain their privacy.

2.13 LAWS AND REGULATIONS GOVERNING BROADCASTING IN THE UNITED
STATES

In the United States of America, the Communications Act of 1934 provides for the formation of
a Federal Communications Commission for the regulation of all broadcasting. 76

Federal criminal law77 prohibits the utterance of “any obscene, indecent, or profane language by
means of radio communication.” The United States Congress, moreover, has given the Federal
Communications Commission the authority to impose administrative sanctions for violations of
the criminal statute. Section 503 of the Communications Act of 1934 states, in pertinent part, that
any person who “wilfully or repeatedly fails to comply” with any rule, regulation, or order issued
by the Commission, or who violates 18 U.S.C. § 1464 (Broadcasting obscene language), “shall
be liable to the United States for a forfeiture penalty.” As used in § 503 of the Act, the term
“wilful” means that the “violator knew it was taking the action in question, irrespective of any
intent to violate the Commission’s rules.” The Commission’s rule implementing this statute
states:78 “No licensee of a radio or television broadcast station shall broadcast on any day
between 6 a.m. and 10 p.m. any material which is indecent.” Indecency is defined as the
broadcast of patently offensive material that depicts or describes sexual or excretory organs or
activities. Patent offensiveness is “measured by contemporary community standards for the
broadcast medium.”79

It is important to note that in the United States similar standards of regulation have not been
afforded to all mediums of broadcasting equally.

A separate statutory provision governs the presentation of obscene, but not indecent or profane,
material on cable television and subscription services on television. 18 U.S.C. § 1468 (Federal

76 John C. Quale & Malcolm J. Tuesley, Space, the Final Frontier—Expanding FCC Regulation of Indecent Content
onto Direct Broadcast Satellite, Federal Communications Law Journal (Vol. 60) at <http://www.fclj.org/wp-
content/uploads/2013/01/8-Tuesley.pdf> Accessed June 18, 2013.
77 LII | LII / Legal Information Institute. "USC : Title 18 - CRIMES AND CRIMINAL PROCEDURE | U.S. Code |
LII / Legal Information Institute." Accessed June 21, 2013. http://www.law.cornell.edu/uscode/text/18.
78 Federal Regulation 73.3999, CODE OF FEDERAL REGULATIONS at < http://www.ecfr.gov/cgi-
bin/textidx?c=ecfr&SID=e142ef749f433338c0b1403b84c4be87&tpl=/ecfrbrowse/Title47/47cfr73_main_02.tpl>
Accessed June 21, 2013.
79 John C. Quale & Malcolm J. Tuesley, Space, the Final Frontier—Expanding FCC Regulation of Indecent Content
onto Direct Broadcast Satellite, Federal Communications Law Journal (Vol. 60) at <http://www.fclj.org/wp-
content/uploads/2013/01/8-Tuesley.pdf> Accessed June 18, 2013.

Criminal law – Obscene material by cable or subscription TV)80 makes it a crime to “knowingly
utter obscene language or distribute any obscene matter by means of cable television or
subscription services on television.” Similarly, 47 U.S.C. § 559 (Telegraphs Telephones and
Radio Telegraph) makes it a crime to “transmit over any cable system any matter which is
obscene or otherwise unprotected by the Constitution of the United States.” States are also free to
regulate obscenity on cable or subscription services on television. § 1468 provides that no federal
law “is intended to interfere with or pre-empt the power of the States . . . to regulate the uttering
of language that is obscene or otherwise unprotected by the Constitution.”81

The Federal Communications Commission has ruled repeatedly that subscription services, like
satellite television, are not subject to indecency regulation because they are not indiscriminately
accessible by children.

2.13.1 Broadcasting over the Internet

The strong protections for freedom of speech and expression against federal, state, and local
government censorship are rooted in the First Amendment of the United States Constitution.
These protections extend to the Internet and as a result very little government mandated technical
filtering occurs in the U.S. Nevertheless, the Internet in the United States is highly regulated,
supported by a complex set of legally binding and privately mediated mechanisms.82

Public dialogue, legislative debate, and judicial review have produced Internet filtering strategies
in the United States that are different from those found in most of the rest of the world. Many
government-mandated attempts to regulate content have been barred on First Amendment
grounds, often after lengthy legal battles. However, the government has been able to exert
pressure indirectly where it cannot directly censor. With the exception of child pornography,
content restrictions tend to rely more on the removal of content than blocking, most often these

80 LII | LII / Legal Information Institute. "18 USC Chapter 71 - OBSCENITY | Title 18 - Crimes and Criminal
Procedure | U.S. Code | LII / Legal Information Institute." Accessed June 21, 2013.
http://www.law.cornell.edu/uscode/text/18/part-I/chapter-71.
81 John C. Quale & Malcolm J. Tuesley, Space, the Final Frontier—Expanding FCC Regulation of Indecent Content
onto Direct Broadcast Satellite, Federal Communications Law Journal (Vol. 60) at <http://www.fclj.org/wp-
content/uploads/2013/01/8-Tuesley.pdf> Accessed June 18, 2013.
82 "United States and Canada OpenNet Initiative." Accessed June 21, 2013.
https://opennet.net/research/regions/namerica.

controls rely upon the involvement of private parties, backed by state encouragement or the
threat of legal action. In contrast to much of the rest of the world, where internet service
providers are subject to state mandates, most content regulation in the United States occurs at the
private or voluntary level.

2.14 LAWS AND REGULATIONS GOVERNING BROADCASTING IN INDIA
The press in India enjoys the same freedom provided by the Constitution to its citizens barring a
few exceptions. Different statutes provide for the safety of the people and ensure the sovereignty
of the nation, keeping in mind the importance of free speech. These are:

2.14.1 Article 19(2)
This provision states that the government can make laws restricting the freedom of speech and
expression in order to protect the sovereignty and integrity of India, the security of the State,
friendly relations with foreign States, public order, decency, and morality or to provide for
contempt of court, defamation or incitement to an offence.

2.14.2 The Press and Registration of Books Act, 186783
This Act regulates printing presses and newspapers and makes registration with the Registrar of
Newspapers in India compulsory for all printing presses. The Press and Registration of Books
Act, 1867 was enacted for the regulation of printing presses and newspapers for the preservation
of copies of books and newspapers printed in India, and for the registration of such books and
newspapers.84

83 Aparimita Basu, at <http://www.legalserviceindia.com/articles/media.htm#_ftn3> accessed on (10th June 2013).
84 Legal Service India - Law, Lawyers and Legal Resources. "Statement of Objects And Reasons (Page 1) — The
Press and Registration of Books Act, 1867 — Bare Acts in India - statutes and laws free download." Accessed
June 21, 2013. http://www.legalserviceindia.com/issues/topic1239-statement-of-objects-and-reasons.html.

2.14.3 The Press (Objectionable Matters) Act, 1951
This enactment provides against the printing and publication of incitement to crime and other
objectionable matters.

2.14.4 The Newspaper (Prices and Pages) Act, 1956
This statute empowers the Central Government to regulate the price of newspapers in relation to
the number of pages and size and also to regulate the allocation of space to be allowed for
advertising matters.

2.14.5 Defence of India Act, 1962
This Act came into force during the Emergency proclaimed in 1962. This Act aimed at
restricting the freedom of the press to a large extent keeping in mind the unrest prevailing in
India in lieu of the war against China. The Act empowered the Central Government to issue rules
with regard to prohibition of publication or communication prejudicial to the civil
defence/military operations, prevention of prejudicial reports and prohibition of printing or
publishing any matter in any newspaper.

2.14.6 Civil Defence Act, 1968
It allows the Government to make rules for the prohibition of printing and publication of any
book, newspaper or other document prejudicial to the civil defence.
One of the most important organizations which regulate the press in India is the Press Council of
India. The press council has a dual function of protecting the freedom and independence of the
press and also ensuring that in doing so, the press confirms to high standards reporting and
disseminating information.

2.14.7 Press Council Act, 1978

The PCI was first set up in the year 1966 on the recommendations of the first Press Commission
with the object of preserving the freedom of the press and of maintaining and improving the
standards of the press in India. It is a statutory, quasi-judicial body that functions under the aegis
of the Press Council Act of 1978. The PCI is headed by a Chairman, who has by convention,
been a retired judge of the Supreme Court of India.85

The objects of the Council are to preserve the freedom of the press and to maintain and improve
the standards of newspapers and news agencies in India.86

Some important functions which the Council performs are: maintaining the independence of of
the press, building a code of conduct for the press, maintaining high standards for the press,
ensure the growth of a sense of responsibility of the press towards the general public, to ensure
that important news reaches the public and the supple and dissemination of such news is not
hampered and review cases of assistance received by Indian news agencies and journalists from
foreign sources.87

The PCI also acts as an advisory authority to the government on matters affecting media freedom
and has drawn up a set of norms on media reporting. While the genesis behind the formation of
the PCI was noble, its existence is merely superficial in the present day, serving little or no
purpose. Neither is it representative of the views of the media, nor does it have any real legal
power to take any punitive or corrective action against the offending publishers. It has merely
been an authority that publishes reports analysing the actions and words of the media, reports
which are not acted upon.88

85 Saumya Ramakrishnan, Accountability and freedom Self Regulation in the Indian media, 24th August 2012, at <
http://barandbench.com/content/accountability-and-freedom-self-regulation-indian-media#.UbXD9-dmhUw>
(accessed on 10th June 2013).
86 Press Council Act, 1978, Section 13(1).
87 Press Council Act, 1978, Section 13(2).
88 Saumya Ramakrishnan, Accountability and freedom Self Regulation in the Indian media, 24th August 2012, at <
http://barandbench.com/content/accountability-and-freedom-self-regulation-indian-media#.UbXD9-dmhUw>
(accessed on 10th June 2013).

The Press Council Act, 1978 gives power to the Council to censure journalists, editors,
newspapers, news agencies etc. for violating proper standards of journalistic ethics and for
committing an act of professional misconduct.89

The Council has the power to receive complaints for violation of standards of journalistic ethics
or public taste and commission of professional misconduct. After receiving such a complaint and
giving the accused journalist or news agency an opportunity of being heard, the Council can,
after recording proper reasons in writing, warn, admonish or censure such accused.

It is clear from the above discussion that the Press Council does not have real judicial or quasi-
judicial power to impose liability or punish a journalist or news agency for violation of ethical
standards of journalism. As stated above, the Council can only warn, admonish or censure such
an individual or an agency against whom a complaint is made.

Another issue with the Press Council of India is the manner in which it is funded. The PCI is
funded by revenue collected by it as a fee levied on the registered newspapers in the country on
the basis of their circulation. No fee is levied on newspapers with a circulation of less than 5000
copies. The deficit is made good by way of grants by the Central Government, through
the Ministry of Information and Broadcasting. It is important to note that for an organization to
be wholly independent it is important for it to have independent funds to function. But, in this
case, the Council is funded by large press industrial giants and the government itself.90

The broadcast media was under complete monopoly of the Government of India. Private
organizations were involved only in commercial advertising and sponsorships of programmes.
However, in Secretary, Ministry of I&B v. CAB91, the Supreme Court clearly differed from the
aforementioned monopolistic approach and emphasized that, every citizen has a right to telecast
and broadcast to the viewers/listeners any important event through electronic media, television or
radio and also provided that the Government had no monopoly over such electronic media as

89 Press Council Act, 1978, Section 14.
90 Bar and Bench "Accountability and freedom Self Regulation in the Indian media" Accessed June 21, 2013.
http://barandbench.com/content/accountability-and-freedom-self-regulation-indian-media#.UcQ4dztmhUw.
91 (1995) 2 SCC 161.

such monopolistic power of the Government was not mentioned anywhere in the Constitution or
in any other law prevailing in the country.92

92 Legal Service India "Media Laws - An Overview” Aparimita Basu. Accessed June 21, 2013.
<http://www.legalserviceindia.com/articles/media.htm>