ADVERTISEMENT AND THE LAW
By Ashok Priyadarshi
Information is contributed through the
media, either it is the print, voice or electronic. It is used virtually by all and special by the business class in propagating its product, giving information regarding their in coming products and even its launching in the market. The
government uses
ADVERTISEMENT for giving information to the people regarding its decisions, policy, employment in government services etc. and a general feeling is that a
newspaper basically runs based on the advertisement it collects and prints.
Earlier Print media generally known as the press gives information by way of newspapers, magazines, pamphlets, cartoons etc., played a great role in this mode of advertisement as the voice media the radio owned by the government had not opened much for advertisement till the launching of the Vividh Bharati Channel and the F. M. band.
The freedom of media is covered under the freedom of expression of every citizen as guaranteed under
Article 19 (1) (a) of the Indian
Constitution as a fundamental right, but the said right is subject to certain restriction by laws and the government and its officials cannot impose a ban on the proposed publication and the question of the ban will only arise after the publication of the proposed publication and only if it violates the norms set by the government or the law and the publishers can be punished accordingly. If a person feels defamed or he feels that his right to privacy, as derived from the right to live as enshrined in
Article 21 of the Indian Constitution has been affected he may file a case against the author, publisher etc. in a proper court as provided under the law.
An independent media is recognized by its quality of information rendered by it, using the freedom guaranteed to it by the Indian Constitution, News papers give information by way of advertisement, news, views etc. under the print media and it are taken to be one of the oldest mode to accord information. In India
"The Bengal Gazette" is believed to be the first recognized newspaper. The Press & Registration of books Act,1867 defines newspaper as any printed periodical work containing
public News or comments on public news and its requirements are that it must be printed, issued periodically, must contain news or comments on news and such news must be public. The basic condition for a newspaper is that it must relate to public affairs or matters of public interest. The Post Office Act 1898 makes it obligatory that a newspaper is to be registered under the said law as the requirement of the law is that it should have a bonafide list of subscribers and should be published once a month.
The state can punish offenses but not the participation of the people in the government of the country if done peaceably and subject to regulations that are constitutionally valid.
The Right of information is also right to print and publish without the interference or restriction by the government of country, within the embed of its constitution and laws framed therein.
The supporters of the Right of information in India have correctly searched it in Article 19 (1) (a) of the India Constitution wherein the freedom of speech and expression is guaranteed as a fundamental right. It is believed that writing records an idea and as it is in a permanent form ,this type of expression invites more discussions and spelling out of the ideas.
The right of information includes the right of receiving and giving information, which can only be done by a free and independent media, as it helps in forming a public opinion. A section believes that the right of information either giving or receiving could be restricted on the grounds specified by the government under the framed laws. It is also argument that voice must not be raised on a high peach if the right of information is restricted after accessing the effect of the information on the masses and its consequences.
The media has a conflict directly with people of all works of life and basically with the legislature and the judiciary and the media has a fear of a proceeding of contempt initiated against them.
The right of Information is not absolute and section 8 (1) a to j of the “The Right to Information Act, 2005” specifies the denial of documents, which can be denied from disclosure.
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