The course will discuss these intersections and cover a whole range of laws with its application to the media in India and their social implication. Various judgments of the Supreme Court that have addressed these issues will also be discussed.

Day 1, November 16:

• The Right to Freedom of Expression guaranteed under the Indian Constitution with an understanding of “ reasonable restriction” and its impact on the media.- Media’s freedom of expression is that of a citizen and draws its strength from Article 19 (1) a of the Indian Constitution. The freedom is not absolute but is subject to certain reasonable restrictions and any statute has to be tested within the framework of the restrictions provided therein. The topics discussed are all those that come under the framework of reasonable restriction.

• Sedition- In existence from the colonial period the offence of Sedition is a provision of the Indian Penal Code. It is very frequently used to file cases against individuals and media and it is essential to understand its impact on the media.

• The Offence of outraging religious feelings. Another offence that is defined in the Indian Penal Code this is also used frequently. Used earlier to maintain peace today it is used in such a manner wherein it takes away the liberty of the individual.

The discussions will focus on the understanding of the law and its application in taking away the freedom guaranteed under the Constitution.  For all topics cases will be shared and discussed.

Day 2, November 17:

• Defamation as a crime under the Indian Penal Code and as a remedy under civil law.  The discussion will address the rights of the individual to file a case of defamation, the defenses available under the law and the issue of sanction of prosecution that is guaranteed by public servants making them immune from attending court hearings.

• Obscenity. This has been used together with outraging religious and community feelings. The classic case relates to the late M. F Hussain that will be discussed.

 VI. Contempt of Court Act.  The provision of law where the court is the prosecutor and the judge it has been very much in focus due to the prosecution of Advocate Prashant Bhusan. It also includes the issue of sub judice and trial by media that will be discussed.  

 Register here to attend this programme.