Cn of media law from jj sir

Laws regarding telegraph and telecom The evolutions of regulatory frame work regarding telegraph

England scenario

The invention of telegraph is rapid development in the communication. Prior to telegraph was postage It becomes needs of individual, company and government. Telegraph was used in the development of railways in UK. Railway infrastructure was used for development of telegraph. Telegraph in UK was regulated by railway regulation act of 1844. This legislation was considered to be a first legislation which provided the regulation for telegraph. This was not telegraph centric act, but railway. A number of private companies started to operate telegraph network, or provided service. A mushrooming of telegraph company which was seen as a thread by British government They responded by enacting a series of legislations Starting with an act of 1863 followed by 1868 and 1869. The basic object of these legislation was to nationalize the telegraph service.

Legislations of 1868 and 1869 focused on regulating transmission of telegraph messages rather than the operation.

In contradictions to Indian sinorio, in US and England the telegraph lines were built and operated by private entities, but in india by british east india company. The company decided to enact law for 2 purposes, to protect its investments in the sector and to maintain its monopoly, It resulted in the enactment is known as the electric telegraph act of 1854. It is considered to be the first legislation in the common law world to regulate the electronic communication. Sec 1, gave the british east india company an exclusive privilege to establish telegraph lines Proviso 1, gave the governor general the authority to grand license to any person or company to establish electric telegraph lines under their jurisdiction. The governor general in council has power to take possession of electric telegraph lines during the time of emergency It has immunity clause.

Electric telegraph act of 1854 was repealed by 1860 act. 1860 act was new but the name and the framework was same of the electric telegraph act of 1854. 1860 act did not make any significant changes. The main changes were in the administrative level, brought about by the revolt of 1857.

The exclusive privilege was transferred from company to governor general by 1860 act.

Indian telegraph act of 1876, It apply to the entire British India and the subjects in the princely states. First time it gives a statutory definition for telegraph. Sec 3, Telegraph means an electric or magnetic telegraph Message means sent or to be sent by telegraph. Sec 4, reconform the exclusive privilege of governor general. The governor general was authorized to diploid police for security force

Indian telegraph act of 1885, It is still continues to be in force. Sec 4 (1) the central government has exclusive privilege to establish, maintain and work and power to grand license The central government can delegate power to the telegraph authority. The central govt. can enforce conditions.

(Class 2) Invention and Development of telephoneCase: attorney general vs. edison telephone company of England, decided by high court of justice in 1880, reported (1880 QBD244).

This is land mark case which determined the future development of regulatory frame work of telephone in England as well as india. Government argued that, the subscription agreement of Edison telephone company violated the monopoly of post master general (PMG)under England telegraph act of 1869, Edison Telephone Company countered, by saying that the 1869 England telegraph act was enacted at a time when the telephone was never invented. Though the legislature never had indention to regulate the telephone through 1869 act, the court decided against company. (justice steefan), the court held that, the telephone fell with in the exclusive privilege of PMG to transmit telegram. Bases of this rule: He says that, 1. any apparatus use for sending messages or other forms of communication through electric signals was telegraph. 2. He added, if such a thing was possible telegraph could even includes a device which transmit the signals through air, .

the beginning of twentieth century, the private telephone operation was consolidated in England by establishing National telephone company, was acquired by PMG. PMG became the dominant provider of telephone services in England till 1981. In 1981, the british parliament established BT British telecommunication. This was the implication in England.

Reason for introducing the Indian telegraph bill in 1884,

1. To update the definition in the 1876 act, 2. To introduce new regulatory concepts and rules 3. To clarify certain ambiguities that are arisen. This bill became the telegraph act of 1885. According to sec 4 of this act, Central govt has exclusive privilege to establish maintain and work, it can grand license with conditions. This is the frame work which considered to be a back bone of the regulatory frame work not only telegraph and telephone but all form of communications in india. Sec 3 (1) aa, gives very expansive definition of telegraph Telegraph means, any appliances, instruments, materials or apparatus, use or capable of being use for transmission or receptions of the signs, signals, writing, images and sounds or intelligence of any nature, by wire, visual or other electro magnetic emission and radio waves, galvanic, electric or magnetic waves. Proviso 1 to sec 4, does not include equipments that are used for transmitting and receiving the communication. The possession and use of equipments covered by other provision of 1885 act, and The Indian wireless telegraphic act of 1933. Part 3 of 1885 act deels the installation and maintainance of eccupments of telegraph. Proviso 2 to sec 4, the central government can delegate power to other authorities. CLASS3: The development of wireless communication system in india, after Marconi started establishing of wireless transmission network across Atlantic. Initially wireless system was used in ships. Telegraph traffic, particularly India and Andaman India and Burma. After sinking of Titanic ship in 1912, there were initiatives taken in different parts of the world, the U.S. Congress enacted a legislation, making it mandatory for all ships to a working wireless telegraph system.

In India, 1914, amendment to the Indian telegraph act of 1885 to respond to the Titanic disaster. As a response to the Titanic disaster, in 1914 proviso 2 was inseted to sec 4 of 1885 act, to regulate wireless communication in the contests ship airgraft etc. There can be exception to proviso 2, because it is burden to install wireless telegraph network in small ships. Further detail rules regarding the regulation of wireless network, can be scene in the Merchant shipping act. Ramathas passenger ship incident which invoked the exception of wireless statutary requirement in 1947, was acted as a eye opener. There was no separate legal frame work to regulate Radio and wireless telegraph system till 1933, but it was governed by Indian telegraph act 1885 only. Indian wireless telegraphy act 1933: This is act to regulate the use and opparation of wireless network communication in India. Subsequent development in the wireless communication is governed by this act. Case reading, (Belvendhar sing vs. delhi administration, AIR1984DELHI379) Provition in the constitution: Art 19(1)(a): speech and expression. On whom does the constitution assigned power over communication? Union, article 246 red with entry 31 of list 1 in the 7th schedule. Entry 31: post and telegraph, telephone, wireless broadcasting and other like forms of communication. We can find that, the similar lines or worded provition in the government of India act 1935. Constitutional debate:

Framing of india constitution by Sivarao, valium 2.a Although the central plays mager role to regulate the communication in India, The state and even the local govt are also impartent player in the regulatory landscape. The state governments are responsible for enforcing: 1. maintenance of law and order, 2. Health and safety, example, installation of mobile towers concern of the part of the public. 3. Levy of tax, example, amusements entertainment, 4. Control over the manner in which the telecom and cable companies use the streets. Case reading: Hamara Radio vs. state of rajestan AIR1964RAJ205. Presented by Alok. Books for reading: 1 madavidhivan Facets of media law, easten book company. 2 Vikram ragavan Telecommunication law in India, Lexis and nexis. 3 R.N. sowdhari law relating to telecommunication and broadcasting, orian publishing company. Afficial website: www.mib.nic.in www.trai.nic .in www.tdsat.nic.in

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Broadcasting:

Terrestrial, cable and satlight.

RADIO: The early development of broadcasting: The first development was in the Radio sector, settingup the AMECHER RADIO CLUB, during 1920es, in culcata, bomba and matras. Indian broadcasting company was estabilished in bamba 1927, and closed its operation in 1930, due to financial tificulties. Political parties and business groups were prayed to colonial government to restart the Radio services, because a large constituency of listeners. Colonial govt lanched the service known as, the ISBS Indian State Broadcasting Service in 1933,34, to operate the Radio station. ISBS was placed under the administrative control of the department of industry and labor. There were no regular Radio program, from 1932 onwords regular programme was offered in India. In 1932 itself the BBC was also started to transmit in India along with other british colonies. In 1936 ISBS renamed as AIR All India Radio. In 1937, AIRwas placed under the administrative control of a separate department is called (Department of Information and Broadcasting). Between 1935 and 1947, the princely states in India, established their own broadcasting station, with the consent of the govt, and their guidelines.

Tv: Next step of development was in the TV sector, In India the first broadcasting of TV programme was in 1959. It was only in 1970es, TV services were offered on a wide scale. In 1972, a television transmitter was setup in Bamba. Initially TV services was operated by AIR. DD tookover the operation of TV services, after it was established as a separate endity in 1976. In 1976 DD was established under MIB. In order to exam in the development of broadcast, It is relevant that, the implication of certain political development in India, during 1970es, particularly in the Radio and TV. During emergency period, Radio and TV were used by political power. J.P. came to power in 1977, to look for over all reform in the broadcasting sector, Sirius studies were initiated, in order to make broadcasting sector truly independent. Working group was established under the chairmanship of the journalist, B.G. Vargis, and it recommended, a limited autonomy for Radio and TV. A bill was introduced for the creation of ACASH BARADI or the National broadcasting trust for national or public interest. It was not aprood by the parliament, and also in 1979 Janada govt lost its power. In 1982, the MIB issued strict guidelines for news reporting, the govt had control over the content of news and views.

The function of DD and AIR handed over to the Indian Civil Service, the criticism was that, they did not have indebt knowledge about broadcasting and other related matter to that . In 1980es, a large number of TV transmitters were installed in different part of the country, more people had access to TV services. 2 impartent developments were took place during this period. 1. The launch of insat 1A, in 1981, Indias first communication satlite, it enables the DD to broadcast distance location, and remote aeria of the country. 2. The Asian games in 1982, during Asian games, the emergens and spred of colour TV transmitters in India; In 1982, the impartent case of P.L. Lakhanpal vs.Union of India (AIR1982DELHI167) NEXT CLASS. Assassination of PM Indhira Gandhi in 1984, these all reviled a short coming of govt control of media. Another impartent event was the general election in 1989, national frent govt came to power, infact it tookup from where the Janada govt had left. National frant govt interduce a bill for establishment of an autonomus broadcasting endity, in the form of PRASAR BHARATI. The creation or establishment of PRASAR BHARATI: The Prasar bharati initiators inspired by the Acosh Bharati bill. After debate the parliament passed in 1990, and it is called, Prasar Bharati (Broadcasting corporation of India) act. it came into force Only on 15th September 1997, because in1991 general election, PM Narasimma rao of concurs came to power.

This act still in force, even though it undergone some amendments. This is basic frame work for public service broadcasting in India. Preamble to this act says, act to provide for the establishment of a broadcasting corporation of India, it is known as Prasar Bharati. It is indented to define the composition, function and the power. Sec 2 c defines broadcasting, means (the dissemination of any form of communication, like scines, signals, writing, pictures, images and sounds of all kind, by transmition of electro magnaet waves, through space or through cable, indented to be received by the general public, either directly or indirectly, through the medium of relay station ) Sec 3 provides the composition of the corporation. Subsec 5 of sec 3, the general supprendent, direction and management of affairs of the corporation. Subsec 4, deals with the procedure for the appointment of chairman. Subsec 3, the qualification of members to the board. Executive member of the board will be the chief executive member of the. corporation. There are provitions dealing with terms and removal of members.

The powers and functions of PB corporation: Sec 12, deals with the power and function, The primary duty, to organize and conduct public broadcasting service to inform, educate and entertain the public and balance the development of broadcasting on both Radio and TV. Point is to be noted,

This act, only inadition to, not in derogation to Indian telegraph act 1885. Subsec 2 of 12, objectives to guide the PB corporation.

NEXT CLASS: Objectives of PB corporation, 1 One of the objective is to maintain unity and intecretity of the country, and uphold the values that are enshrine in the constitution. 2 Right to be inform, freely, truthfully and objectivilly. 3 special attention to education, agriculture, rural development, environment, health, family welfare and science and techonology. 4 adequate coverage to diverge culture and languages. 5 special attention for needs to use. 6 adequate coverage to all the spords and games. 7 special attention to weaker section of the society, women, children. 8 adequate coverage to needs of the minority and tribles. 9 to provide comprehensive coverage through the choice of appropriate techonology. 10 to facilitate the distribution of regional broadcasting services in every state. 11 to promote RND. 12 to expand broadcasting services by establishing additional channels . These are means towards ends, that is the primary duties of the Prasar Bharati corporation. To ensure that, the broadcasting services should be public duty.

NEXT CLASS: Legal obligation, the cable TV operators should include a minimum numbers DD channals in their package, dd now available through terrestrial and cable tv network. The satlite broadcasting in India, governed and regulated by certain guidelines only, there is no exclusive statute. We have exclusive legislation for public broadcasting, that is PB act of 1990. We also have an exclusive legislation to govern or regulate the cable TV services, in the form of Cable TV regulating act. Two essential steps, that are involving in satlite TV broadcasting, uplinking to the satlite, and donwlinking from satlite, subject to certain conditions. MIB issued the guidelines for uplinking from India, and downlinking in India. Definition for news and current affair channals, means, a channel which has some element of news in it. Radio regime has liberalized by issuing lisences, in the form of FM. The FM lisencies is prohibited airing news and current affairs.