Media and Law (Optional)

Hidayatullah National Law University · LL.B. Semester 8 · LLB-O-806 / LLB-O-1005

Unit I — MEDIA AND LAW: FOUNDATIONS AND EVOLUTION

Evolution of Media and its Role in Society · Normative Theories of Media · Media's Interface with Democracy and Governance · Digital Transformation: From Print to AI-Powered Media

Unit II — FREEDOM OF SPEECH AND EXPRESSION: CONSTITUTIONAL FRAMEWORK AND MEDIA RIGHTS

Development and Scope of Freedom of Speech and Expression under Article 19(1)(a) · Media Rights: Circulation, Criticism, Cross-Border Expression, and Interviews · Reasonable Restrictions under Article 19(2): Hate Speech, Sedition, Media Trials, and National Security; Contempt of Court vs. Freedom of Criticism and Fair Trial Rights · Media and Article 19(1)(g): Balancing Commercial Interests and Public Welfare

Unit III — REGULATORY ECOSYSTEM: GOVERNANCE OF TRADITIONAL, DIGITAL AND PLATFORM-BASED MEDIA

Regulatory Bodies: · Press Council of India · Prasar Bharati and All India Radio · Ministry of Information and Broadcasting · Ministry of Electronics and Information Technology · TRAI and OTT Platforms · Fact Check Units and Content Moderation in Digital Media · News Broadcasters & Digital Association · Laws Governing Advertisements and Consumer Protection · IT Rules, 2021: Oversight of Social Media, Intermediaries, and Digital News · Censorship, OTT Regulations, Platform Self-Regulation, Co-Regulatory Models, and Content Moderation Standards under the IT Rules, 2021 · Election Commission of India: Rules on Exit Polls, Opinion Polls and Surrogate News · Artificial Intelligence, Generative Media and Copyright in the Digital Media Ecosystem · Use of AI tools in news production, advertising, and digital publishing · Authorship, originality, and ownership of AI-generated and AI-assisted media content

Unit IV — PRIVACY, SURVEILLANCE, AND MEDIA RIGHTS

The Concept and Evolution of Privacy Rights · The Right to Privacy in the Digital Era: Surveillance, AI-Generated Content, Deepfakes, Synthetic Media, and Informational Harm · Media's Role in Safeguarding or Infringing Privacy · Balancing Privacy with Freedom of Expression: Judicial Perspectives

Unit V — TRANSPARENCY AND ACCOUNTABILITY: RIGHT TO INFORMATION AND INVESTIGATIVE JOURNALISM

Evolution and Significance of the Right to Information in India; Salient Features of the RTI Act, 2005: Processes and Limitations · The Right to Access the Internet, Digital Transparency, and Information Flow Internet shutdowns Digital access as an enabler of press freedom and RTI · Role of RTI in Empowering Investigative Journalism · Media’s Role in Ensuring Government Accountability and Transparency · Challenges in Balancing RTI with National Security and Privacy Laws

Unit VI — CINEMA, OTT PLATFORMS AND CONTENT REGULATION JURISPRUDENCE

Constitutional Status of Films and Audio-Visual Media Films as Speech under Article 19(1)(a) Distinction between print, broadcast, and cinema · Film Certification, Prior Restraint and Reasonableness CBFC powers and limits Guidelines under the Cinematograph Act Judicial scrutiny of prior censorship · Movie Bans, Public Order and Judicial Review State-level bans on films Standards of “anticipated disorder” Role of Courts in protecting artistic freedom · OTT Platforms, Web Series and Documentary Regulation Applicability of IT Rules, 2021 to OTT platforms Self-regulation vs State control Bans on documentaries and executive overreach