Introduction

Media as a light house of entertainment has significantly affected the culture, value system and pace of growth in the Indian economy. Extending from newspaper and magazines to television, radio, movies, and the rapidly growing digital space, this is not merely an industry that educates the people but one that shapes the public opinion and mirrors its multicultural identity. On the other hand, as the ad industry rises and spreads across the world, it comes with some outstanding changes, mainly touching on the social aspect that lies between art and sins. Indian media laws consist of regulatory frameworks that accrue from colonial era, constitutional provisions, and contemporary laws that have been enacted as media laws to suit the modern world. Media enjoys freedom of speech and expression as provided in the Constitution of the India but this freedom is not absolute because as it contains certain provisions which also protect the interest of the state, public order and decency. To achieve these objectives, this paper captures the history of media laws in India from the colonial practice of press control and how the laws have developed into a communication regulation system which seeks to balance media’s freedom of speech and expression along with the protection of society. Thus, it reviews the laws in relation to media, which in turn, identifies how disease cause challenges such as monopolization, misinformation, privacy, and intellectual property are addressed through media laws and appropriate court decisions and cases. For example, significant judgments such as Bennett Coleman & Co. v. Union of India (1973) and Shreya Singhal v. Union of India. In the two cases of Union of India (2015) it was evident that the Supreme Court of India was trying to safeguard Press freedom while at the same time ensuring that media was serving the public interest. This paper also examines how the government brings policies, which in turn, enhances the growth of the Media & Entertainment industry through digitization, local content production and or international partnerships. However, self-regulation also becomes significant with Indian bodies such as the News Broadcasting Standards Authority (NBSA) and the Digital Content Complaint Council (DCCC) aimed to maintain standard instead of exercising rigorous censorship policy. The new technologies such as digital streaming services, artificial intelligence, and journalism platforms modify not only the industry but also the legislation that controls it. This paper also examines how both government and industry individually and collectively attempt to respond to these rapid changes and foster the innovation whilst preserving cultural heritage and other relevant interests.

Research Methodology

For understanding the nature of media laws in India, the authors have used the secondary data including, scholarly articles, country reports, and various sector reports along and the report of Ministry of Information and Broadcasting.

History of Media Laws in India

India has a wide range of media laws that represent the nation’s transitionfrom colonialism to democracy. Instead of emerging separately, these laws reflect India’s fight for independence and the media’s contribution to that cause. Media laws were mostly employed as instruments of oppression during the British colonial era, with the goal of limiting media freedom in order to quell opposition to British rule. In order to suppress the burgeoning Indian leadership and patriotism that manifested itself in newspapers and pamphlets, these early regulations were restrictive.The Press Act of 1835, the first major legislation, made it easier for the British government to keep an eye on and regulate printed content by requiring all periodicals to register. The Indian press, which frequently opposed British policy, was the focus of this regulation. In order to restrict newspapers published in regional languages, the Vernacular Press Act of 1878 was passed after this. This act gave the government the authority to confiscate presses and shut down any publication that was judged to be inflammatory as the Indian vernacular press expanded and became more critical of British rule. The incident became a symbol of the Indian fight for a free press and provoked massive protests. The press limitations increased in the early 20th century as the Indian independence movement gained momentum. The government was able to censor publications that were considered dangerous in order to stifle nationalist sentiments according to the Indian Press Act of 1910. Ads for tobacco products are prohibited on all platforms in India, which maintains strict controls over media content even after gaining independence.

With the adoption of Article 19(1)(a) of the 1950 Constitution, which guaranteed freedom of speech and expression, India embraced free speech following its independence in 1947. Nevertheless, Article 19(2), which permits the government to impose limitations in the interest of sovereignty, integrity, foreign relations, public order, decency, or morality, placed restrictions on this freedom. India’s stance on media regulations has been influenced by this harmony between free expression and legislation. Furthermore, the Media regulations changed to meet new issues after independence. The Press (Objectionable Matter) Act of 1951 sought to prevent societal conflict by regulating inflammatory content in print media. Rationing resources like newsprint could limit press freedom, the Court decided in the 1973 case of Bennett Coleman & Co. v. Union of India, which established that freedom of the press encompasses circulation and distribution. Following the introduction of satellite television in the 1990s as a result of India’s economic liberalization, the Cable Television Networks (Regulation) Act of 1995 mandated that cable providers obtain licenses and follow programming guidelines. This action was a response to worries about foreign networks and content that might not be culturally appropriate for India. As the technology developed, the existing media rules found it difficult to adapt to the digital era. The IT Act of 2000 established regulations to control privacy, fight cybercrime, and filter Internet material. In response to societal shifts, globalization, and technology breakthroughs, India’s media laws are constantly changing to strike a balance between the right to free speech and the need to safeguard the public interest.