1. & Magazines, Radio, Television and currently includes

1. INTRODUCTION
“One of the objects of a newspaper is to understand the popular feeling and give expression to it, another is to arouse among the people certain desirable sentiments, and the third is the fearlessness to expose popular defects.” – Mahatma Gandhi
Communication is the procedure, which we use to exchange information by various methods, and media is the instrument of storing or communicating information. ‘Media’ the popular term inter-alia used as ‘Press’ denotes the print & electronic information carriers –the News Papers & Magazines, Radio, Television and currently includes the Internet as New Media. Hailed as the ‘Fourth Estate’, media is the watchdog of the public affairs, informing the society and vice versa acts as the forum to advocate the views of the society at large to those at the helm of public affairs.

The word medium comes from the Latin word medius (middle). The word communication is derived from the Latin root communicate.

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Media law covers an area of law which involves media of all types (TV, film, music, publishing, advertising, internet & new media, etc.), and stretches over various legal fields, including but not limited to corporate, finance, intellectual property, publicity, and privacy.

Media law is a legal field that refers to the following:
• Advertising
• Broadcasting
• Censorship
• Confidentiality
• Contempt
• Copyright

• Corporate law
• Defamation
• Entertainment
• Freedom of information
• Internet
• Information technology
• Privacy
• Telecommunications

3. HISTORY OF MEDIA LAWS IN INDIA
When Europeans write on the history of the media, they refer to the Acta diurna of the Roman Empire as closely akin to the newspaper of today. In India, the Rock Edicts of Emperor Ashok (c.273-236 BC) engraved on the rocks contain in abundance measures adopted and regulations issued by him. This is not very different from the news content of modern media. In that era when Ashok, the Great, used this technology for communicating his message throughout his vast empire, there is no reference to restrictions on communication imposed by law. However, the Arthashastra written originally in the reign of Chandragupta Maurya (c. 324-300 BC) by Kautilya mentions punishment for spreading false rumors. The Arthashastra and the Rock Edicts also speak of spies and reporters.

‘Akhbar is the word used for newspapers today in Hindi and Urdu languages and Babur mentions it in such a way as if it is something routine. It was meant to communicate an official announcement by Babur that a tax would be waived on all Muslims if he won the battle and he himself had given up drinking and banned liquor in his dominions. However, there is no reference to any regulation on Akhbar. The earliest mention of pre-typographic newspapers is to be found in a contemporary historical work (Muntakhals-ul-Lubab by Khafi Khan) of the later Mughal times. Colonel James Tod (1782-1835) sent hundreds of original manuscript newspapers to the court of Aurangzeb, sixth of the Great Mughals to the Royal Asiatic Society in London. The size of these seventeenth-century papers, written in different hands, was 8 inches by 4½ inches. These were considerably free and could report even personal affairs of the emperor. There is no record of any law governing these newspapers. Perhaps, there was neither pre-censorship nor licensing, both being Western institutions.

It was a sheer accident, however, that brought the printing press to India on 6th September 1556. Granting a request from Emperor of Abyssinia, the King of Portugal dispatched in 1556 a printing press and technicians via the Cape route. But the patriarch accompanying the press halted en route at Goa from where his onward journey to Abyssinia was first delayed and later abandoned. He died on 22nd December 1562.

The press, intended for missionary work in Abyssinia never left Goa, instead, it printed literature for Abyssinia from Goa.

However, there was no press regulation until the British East India Company started ruling a part of India after the Battle of Plassey in 1757. William Bolts, an ex-employee of the British East India Company attempted to start the first newspaper in India in 1766 but was deported. Later a collection of papers on the affairs of India “particularly respecting the state of Bengal and its dependencies” was published in 1773 by J. Almon, London as “Considerations on Indian Affairs” in two volumes with maps and survey reports. In this publication, he has been identified as former Judge of the Mayor’s Court of Calcutta.

When newspapers in India were published by only Europeans expulsion of the editor (printer) was ultimate penalty. The Supreme Court of Judicature upheld this power. Every foreigner was required to obtain a license for his residence in the territories of the Company and if anyone incurred the displeasure of the officials by writing or publishing something which was not palatable to them, the license was canceled. It appears that growing importance of the Fourth Estate in England and the desire of missionaries to start newspapers in India ultimately led to the abolition of pre-censorship in 1818 by Lord Hastings as missionaries of Serampore started the first Indian language journal Samachar Darpan on 23rd May 1818. It became bilingual carrying news in Bengali and English in parallel columns in 1829.

Like censorship, licensing was also a European institution to control the press. It was introduced in Bengal in 1823 through Adam’s regulations. The East India Company also issued an instruction that no servant of the company should have any connection with a newspaper. This decision was the result of an incident in Bombay (now Mumbai) where a member of the Council of the Governor owned a newspaper. Licensing regulations were replaced by Metcalfe’ Act which was applicable to the entire territory of the East India Company and required that the printer and publisher of every newspaper declare the location of the premises of its publication.

Licensing was, however, reintroduced in 1857 by Lord Canning and was applied to all kinds of publications. This was the year when Indians fought their war of independence against the East India Company after which the British Crown took over the territories of the Company. In 1860 Indian Penal Code was passed as a general law but laid down offenses which any writer, editor or publisher must avoid – the offenses of defamation and obscenity.

The next important event in the field of media laws was the enactment of the Press and Registration of Books Act (25 of 1867). This Act is still in force, of course with amendments from time to time. The object of this Act was to provide for the regulation of the printing presses and of periodical containing news, for the preservation of copies of books and for the registration of books. It contains rules for the registration of books. It contains rules for the making of the declaration by the keepers of presses and publishers of newspapers (part II); rules regulations for the delivery of books (Part III); penalties (Part IV); registration of book (Part V). Part VI of this Act gave powers to the government to make rules and to exempt books or newspapers from the provisions of this Act. The Act 55 of 1955 added Part VA to provide for the appointment of Registrar of Newspapers.

The role of the press during the Wahabi Conspiracy of 1869-70 led to the amendment of the Indian Penal Code (27 of 1870) to incorporate a section on sedition (124-A). This dealt with a person who “excites or attempts to excite the feeling of disaffection to the government established by law in British India.” It came handy to send many freedom fighters to jail for their writings in newspapers. Shortly afterward, the restrictions imposed by the East India Company prior to 1841 returned to the government officers, though in a milder tone. In 1875, the government passed orders that no officer in the service of the government should be permitted without previous sanction to become the proprietor of any periodical or to edit or manage a periodical. Officers were advised to remain within the limits of ‘temperate and reasonable’ discussion. No document or information should be revealed to the press, which they might come to possess in their official capacity. In cases where doubts, may arise as to whether any engagements of officers with the press were consistent with the discharge of their duties to the government, the decision to that effect would lie with the government.

For the purpose of ascertaining the character of any intended public dramatic performance, the Dramatic Performances Act (19 of 1876) was passed as it was suspected that such performances may provoke people against the Government.

When the Indian language press became very bold the Vernacular Press Act 1878 was introduced. It was comprehensive and rigorous, aimed at “better control” of the language press. It empowered any magistrate of a district or a commissioner of police in a presidency town to call upon the printer and publisher of a newspaper to enter into a bond undertaking not to publish certain kind of material, to demand security, and to forfeit, if it was thought fit, such presses and confiscate any printed matter as it deemed objectionable. No printer or publisher against whom such action had been taken could have recourse to a court of law. It was particularly meant to crush Amrit Bazar Patrika, which was bilingual before this Act. But the smart owner foiled this attempt by turning it into an English language paper overnight. The main role in persuading Lord Lytton for the Vernacular Press Act was played by Sir Ashley Eden (1831-1887), the then Lieutenant Governor of Bengal. He was in a fit to crush the Amrita Bazar Patrika. Sir Ashley called the editor of the Amrita Bazar Patrika, Babu Shishir Kumar, and offered: “Let us three, I, you and Kristo Das, govern the province. Kriso Das has agreed to conduct his paper according to my direction… You will have to do the same thing. I shall contribute to your paper as I do to the Hindoo Patriot. And when you write an article criticizing the government you will have to submit the manuscript to me before publication. In return, the government will subscribe to a considerable number of your paper and I shall consult you as I consult Kristo Das in carrying on the administration of the province.” Babu Shishir Kumar thanked him and quietly remarked, “Your Honor, there ought to be at least one honest journalist in the land”. Sir Ashley himself remarked, “If there had been only one week’s delay on the part of the proprietors to convert the Patrika into English we would have dealt a deadly blow at it by demanding a heavy bail-bond from them.”

When Gladstone who had criticized the Vernacular Press Act, became the prime minister and Lord Ripon the governor-general, and even before the retirement of Sir Ashley Eden the repeal of Vernacular Press Act had become a foregone conclusion. The repealing bill was passed without discussion, on December 7, 1881.

In India telegraph was introduced in 1851 and was very useful to East India Company during 1857. However, the Indian Telegraph Act was passed in 1885. The Government had an exclusive privilege under this Act in respect of telegraph and power to grant licenses. The definition of the telegraph in this Act is very wide as it later covered all other means of communication depending on electromagnetic waves, thus including teleprinter, telephone, fax, radio, and television. It provides for interception of messages and takeover of licensed establishments by the Government in any public emergency or in the interest of public safety.

Section 19 of the Sea Customs Act 1878 gave power to the central government to prohibit or restrict the importation or exportation of goods into or out of India. Section 5 of the Telegraph Act 1885 gave power to the central government or provincial governments of an official specially authorized by the government to take possession of licensed telegraphs and to order interception of telegraphic messages which include as per section 3(1) of the Act telephone messages also. Section 25 of the Indian Post Office Act 1898 confers power on an officer of the post office to intercept during transmission by post goods which have been notified under section 19 of the Sea Customs Act or the import or export of which is otherwise prohibited. Section 26 of the Post Office Act provides the power of interception of postal articles on the same lines as section 5 of the Telegraph Act. Thus by the turn of the century, the government had wide-ranging powers to intercept anything anywhere along all the possible channels.

With Swadeshi Movement and partition of Bengal, the opposition of the Government reached its zenith, both in the press and the public. In June 1908 the government passed the Newspaper (Incitement to Offences) Act, which gave power to local authorities to take judicial action against the editor of any newspaper, which indulges in writings calculated to incite rebellion.

Nine prosecutions were instituted under this Act and as a result, seven presses were confiscated. Then came the Press Act of 1910, which empowered the government to demand security from any newspaper, a provision similar to what existed in the Vernacular Press Act.

British Parliament passed the Copyright Act in 1911. Similar provisions came to India by Indian Copyright Act, 1914 (3 of 1914). It was replaced by a comprehensive legislation only in 1957 by the new Copyright Act (14 of 1957).

In 1918 Government passed the Cinematograph Act (2 of 1918), which was replaced by the Cinematograph Act, 1952 (37 of 1952).

In 1921, the government appointed a committee, with Sir Tej B Bahadur Sapru (1875-1949) as chairman, to look into the then existing press laws. The committee unanimously recommended the repeal of the Newspaper (Incitement of Offences) Act 1908 and the India Press Act 1910. In regard to the Press and Registration of Books Act, the committee recommended that the name of the editor should be inscribed on every issue of the newspaper and the editor should be subjected to the same liabilities as the printer and publisher as regards criminal and civic responsibility, that a person registering under this Act should be a major, that the term of imprisonment in part IV of the Act should be reduced from two years to six months, and that provision should be made for delivery to government of copies of newspapers printed in British India. The committee advocated the retention of powers to seize and confiscated seditious leaflets and literature. It recommended that the ancillary powers of preventing importation and postal transmission of such literature should be retained. The requisite amendments were carried out by the Press Law (Repeal and Amendment) Act of 1922 (14 of 1922).

In 1922, on the request of the Chamber of Princes, the Princes Protection Bill was introduced in the Legislative Assembly. The Assembly rejected the bill. But the Governor-General, invoking treaty obligations and exercising his special powers under section 67B of the Government of India Act 1919, certified the Bill which became the Indian States (Protection against Disaffection) Act 1922.

This Act provided punishment of imprisonment up to 5 years for any person editing, printing or publishing any document which brings into hatred or contempt or excites disaffection towards any prince or chief of a state in India, or the government or administration established in any such state. For the material of this nature, the powers of forfeiture under sections 99-A to 99-C of the Criminal Procedure Code and of postal interception under sections 27-B to 27-D of the Indian Post Offices Act were made applicable.

In 1923 the Official Secrets Act was passed in order to update and consolidate the existing provisions of Indian Official Secrets Act of 1889, along with the lines of the British Acts of 1911 and 1920. The earlier Act was repealed. Section 5 of this Act, which affects the Press deals with “official secrets” and relates to “wrongful communication of information.”
To meet the situation posed by the civil disobedience movement of 1930, the government promulgated the Indian Press Ordinance to provide for “better control of the press”. This revived the stringent provisions of the repealed Press Act of 1910. Some 130 newspapers had to deposit securities, nine refused to do so and suspended publications. In 1931, the Indian Press (Emergency Powers) Act was passed.

In 1932 the Foreign Relations Act was passed with the object of providing against the publication of statements likely to prejudice the maintenance of friendly relations between the British government and the governments of certain foreign states. The powers of forfeiture under sections 99A-99G of the Criminal Procedure Code and the postal interception under sections 27B-27D of the Indian Post Offices Act were extended by section 3 of this Act to documents containing matter defamatory of such ruler or his consort of son or principal minister of a state outside but adjoining India.

Indian States (Protection) Act was passed in 1934 to protect the administrations of states in India, which were under the suzerainty of the British crown from activities, which tended to subvert or excite disaffection towards or to obstruct such administration.

Section 3 of this Act extended to Press Emergency Act Powers 1931 to protect these states.

Before Independence, the Interim Government appointed the Press Laws Enquiry Committee in March 1947, to examine the press laws. The Committee gave its report on 22 May 1948 after Independence and partition of India. After the report of this committee, the Act of 1931 was replaced by Press (Objectionable Matter) Act 1951. However, the mood was so much for freedom of the press that it was allowed to lapse in February 1956 and was repealed in 1957. The Indian Constitution gives every citizen fundamental right to freedom of speech and expression and the courts have interpreted that it includes freedom of the press.

A major setback to the freedom of the press in India was when Emergency was imposed in June 1975 and censorship was introduced. However, after the defeat of the then ruling party in 1977 General Elections, it has not been possible for anybody to follow the example. Press Council advised the Government not to put curbs on the press even in disturbed areas like Jammu and Kashmir. This policy appears to be better than the curbs on the press by Government.

Liberal ethos reinforced after 1977 has affected broadcasting as well. While demand for an autonomous corporation to control All India Radio and Doordarshan was accepted and finally Prasar Bharti, an autonomous corporation came into existence from 15 September 1997 after the notification of the Prasar Bharti Act. It has not been possible to come up with a regulator for broadcasting content despite several bills that came to Parliament over the years and private satellite and cable channels are having a field day enjoying more freedom than in any other part of the world.

Though the Government has not allowed news on private radio outfits yet, freedom of print and television channels make India one of the most liberal countries in the world as far as the freedom of media goes. Right to Information Act 2005 has been implemented and this has further extended freedom of media in India.

4. MEDIA LAWS OF INDIA – AN OVERVIEW
There are many laws that regulate the performance of media in India. Laws related to the mass media have been there since the very beginning. In the time of the British Raj, many laws related to the Press were enacted. In the post-Independence time, the various Governments have enacted many more media-related laws.

Media is a very powerful influence on the society is regulated and controlled by various legislations enacted from time to time.

Constitutional Provisions
The Indian Constitution does not provide freedom for media separately. But there is an indirect provision for media freedom. It gets derived from Article 19(1) (a). This Article guarantees freedom of speech and expression. The freedom of mass media is derived indirectly from this Article. Article 19 of our Constitution deals with the right to freedom and it enumerates certain rights regarding individual freedom of speech and expression etc. These provisions are important and vital, which lie at the very root of liberty.

Article 19 of the Indian constitution lays down –
“All citizens shall have the right to freedom of speech and expression, to assemble peaceably, and without arms, to form associations or unions, to move freely throughout the territory of India, to reside in any part of the territory of India, to acquire hold and dispose of property and to practice any profession or to carry on any occupation, trade or business.

However the right to freedom of speech and expression shall not affect the operation of any existing law or prevent the state from making any law insofar as such law imposes reasonable restrictions on the exercise of that right in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public decency or morality or In relation to contempt of court, defamation or incitement to offence”.

List of Acts and Rules applicable to the media industry –
1. The Press and Registration of Books Act, 1867
2. Registration of Newspapers (Central) Rules, 1956
3. The Press and Registration Appellate Board (Practice and Procedure) Order, 1961
4. The Press Council Act, 1978
5. The Press Council Rules, 1979
6. The Press Council (Procedure for Nomination of Members) Rules, 1978
7. The Press Council (Procedure for Inquiry) (Amendment) Regulations, 2006
8. The Press Council (Procedure for Conduct of Meetings and Business) Regulations, 1979
9. The Press Council of India (Grant of Certified Copies) Regulations, 1999
10. The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
11. The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957
12. The Working Journalists and other Newspaper Employees Tribunal Rules, 1979
13. The Working Journalists (Fixation of Rates of Wages) Act, 1958
14. The Newspaper (Prices and Pages) Act, 1956
15. The Delivery of Books and Newspapers (Public Libraries) Act, 1954
16. The Right to Information Act, 2005
17. The Right to Information (Regulation of Fee and Cost) Rules, 2005

18. The Central Information Commission (Appeal Procedure) Rules, 2005
19. The Central Information Commission (Management) Regulations, 2007
20. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
21. The Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955
22. The Emblems and Names (Prevention of Improper Use) Act, 1950
23. The Emblems and Names (Prevention of Improper Use) Rules, 1982
24. State Emblem of India (Prohibition of Improper Use) Act, 2005
25. State Emblem of India (Regulation of Use) Rules, 2007
26. The Parliamentary Proceedings (Protection of Publication) Act, 1977
27. The Young Persons (Harmful Publications) Act, 1956
28. The Punjab Special Powers (Press) Act, 1956 (Relevant Provisions)
29. Copyright Act, 1957
30. The Dramatic Performances Act, 1876 (Relevant Provisions)
31. The Cinematograph Act, 1952
32. The Cinematograph (Certification) Rules, 1983
33. The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
34. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
35. The Cine-Workers Welfare Cess Act, 1981
36. The Cine-workers Welfare Cess Rules, 1984
37. The Cine-Workers Welfare Fund Act, 1981
38. The Cine-Workers Welfare Fund Rules, 1984
39. The Prasar Bharati (Broadcasting Corporation of India ) Act, 1990
40. The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
41. The Sports Broadcast Signals (Mandatory Sharing with Prasar Bharati) Rules, 2007

42. The Cable Television Networks (Regulation) Act, 1995
43. The Cable Television Networks Rules, 1994
44. The Radio, Television and Video Cassette Recorder Sets (Exemption from Licensing Requirements) Rules, 1997
45. The Standards of Quality of Service (Broadcasting and Cable services) (Cable Television – CAS Areas) Regulation, 2006
46. The Indian Telegraph Act, 1885 (Relevant Provisions)
47. The Telecom Regulatory Authority of India Act, 1997
48. The Telecom Regulatory Authority of India (Miscellaneous) Rules, 1999
49. The Telecom Regulatory Authority of India (Period for Filing of Application to Authority) Rules, 1999
50. The Telecommunication Interconnection (Port Charges) Regulation, 2001
51. The TRAI (Levy of Fees and Other Charges for Tariff Plans) Regulations, 2002
52. The Telecom Disputes Settlement and Appellate Tribunal (Form, Verification and the Fee for Filing an Appeal) Rules, 2003
53. The Telecommunication Interconnection (Charges and Revenue Sharing) Regulation, 2001
54. The Telecommunication Interconnection Usage Charges Regulation, 2003
55. The Telecom Regulatory Authority of India (Salaries, Allowances and Other Conditions of Service of Chairperson and Whole-time Members) Rules, 2000
56. The Telecom Regulatory Authority of India (Procedure for Conducting Inquiry Against a Member) Rules, 1999
57. The Telecom Regulatory Authority of India (Annual Report and Returns) Rules, 1999
58. The Telecom Regulatory Authority of India (Form of Annual Statement of Accounts and Records) Rules, 1999
59. The Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2004
60. The Telecom Regulatory Authority of India (Access to Information) Regulations, 2005

61. The Common Charter of Telecom Services, 2005
62. The Regulation on Quality of Service of Basic and Cellular Mobile Telephone Services, 2005
63. Quality of Service (Code of Practice for Metering and Billing Accuracy) Regulation, 2006
64. The Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television – CAS Areas) Regulation, 2006
65. The Quality of Service of Broadband Service Regulations, 2006
66. The Telecom Consumers Protection and Redressal of Grievances Regulations, 2007
67. The Telecom Unsolicited Commercial Communications Regulations, 2007
68. The International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations, 2007
69. The Telecommunication Consumers Education and Protection Fund Regulations, 2007
70. The Direct to Home Broadcasting Services (Standards of Quality of Service and Redressal of Grievances) Regulations, 2007
71. Domestic Leased Circuits Regulations, 2007
72. The Register of Interconnect Agreements Regulations, 1999
73. The Indian Post Office Act, 1898 (Relevant Provisions)
74. The Information Technology Act, 2000 (Relevant Provisions)
75. The Information Technology (Certifying Authorities) Rules, 2000

5. LAWS APPLICABLE FOR INFORMATION
The list of legislation applicable for Information –
i. Press & Registration of Books Act 1867
ii. Delivery of Books ‘and Newspapers’ (Public Libraries) Act, 1954
iii. Delivery of Books (Public Libraries) Rules, 1955
iv. Registration of Newspapers (Central) Rules 1956
v. The Newspaper (Prices and Pages) Act, 1956
vi. The Young Persons (Harmful Publications) Act, 1956
vii. The Press and Registration Appellate Board (Practice and Procedure) Order, 1961
viii. The Parliamentary Proceedings (Protection of Publication) Act, 1977
ix. Press Council Act, 1978
x. The Press Council (Procedure for Nomination of Members) Rules, 1978
xi. The Press Council Rules, 1979
xii. The Press Council (Procedure for Conduct of Meetings and Business) Regulations, 1979
xiii. The Press Council of India (Grant of Certified Copies) Regulations, 1999
xiv. Press Council (Procedure for Inquiry) (Amendment) Regulations, 2006
The following guidelines and policies are applicable for Information –
1) Central Newsmedia Acredition Guidelines, 1999
2) Guidelines for publication of Indian editions of foreign magazines dealing with news and current affairs

3) Guidelines for syndication arrangements by newspapers
4) Advertisement Policy
5) Electronic Media Advertisement Policy
6) Guidelines for Empanelment of Audio-Video Producers with DAVP
7) Policy guidelines for empanelment of private C&S TV Channels for government advertisements by DAVP and Other duly authorized agencies of the ministry of I&B
8) Citizens Charter of Registrar of Newspapers for India
9) Guidelines for foreign investment in Indian entities publishing Scientific /Technical /Specialty Magazines/Journals/Periodicals
10) Guidelines for foreign investment in print media news sector/facsimile editions.

11) The Press Council of India’s Norms of Journalistic Conduct
Press & Registration of Books Act, 1867 & The Registration of Newspapers (Central) Rules 1956
The earliest surviving enactment specifically directed towards the press was passed in 1867, the Press and Registration of Books Act (PRB Act) (XXV of 1867). The objective was however not to establish governmental control over the freedom of the Press. It was a regulatory law which enabled Government to regulate printing presses and newspapers by a system of registration and to preserve copies of books and other matter printed in India. A number of minor amendments were made in the Act from time to time to make the Sections/Clauses compatible with the changing situation, more particularly after Independence. But major amendments were carried out in

1955 following the recommendations of the First Press Commission in 1953, consequent upon which the Office of the Registrar of Newspapers of India (RBI) was created and started functioning in 1956.

Printing and publishing of newspapers and periodicals within India are governed by the Press and Registration of Books Act, 1867 and the Registration of Newspapers (Central) Rules, 1956.

Section 3 of the Act requires every book or paper printed within India to have the name of the printer and the place of printing, the name of the publisher and the place of publishing printed legibly on it.

Section 4 of the Act stipulates that the keeper of the printing press (someone who possesses a press that prints newspapers/books) has to make and subscribe a declaration before the District, Presidency or sub-divisional Magistrate within whose local jurisdiction the press is situated. A new declaration is to be made when the place where a press is kept is changed. The Declaration is to be made in Form I as given in the Schedule to the Registration of Newspapers (Central) Rules, 1956.

Before making the declaration, Title Verification Letter should be obtained from the Press Registrar.

No new declaration is necessary when:-
1) The change is for a period not exceeding 60 days
2) The place where the press is kept after the change is within the local jurisdiction of the Magistrate.

Section 5 lays down the following rules for newspapers published in India:-
1) Every copy must have the names of the publisher and the editor along with the date of publication printed clearly on it.

2) The printer and the publisher of the newspaper must appear in person or by an authorized agent before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction the newspaper is published to make a declaration.

3) The declaration must specify the title, the language and the periodicity of the newspaper.

4) If the printer or the publisher is not the owner of the publication then the declaration must specify the name of the owner and an authority in writing from the owner authorizing the printer/publisher to make the declaration.

5) A new declaration must be made if the title, periodicity or language of the newspaper changes.

6) A new declaration is also to be made when the owner of the newspaper or the place of printing/publishing is changed.

7) When a printer/publisher concerned with the declaration leaves India or is incapable of rendering his/her duties for more than 90 days, a new declaration is to be made.

8) A declaration is considered void when the newspaper does not commence publication –
a. Within 6 weeks of the authentication of the declaration for a weekly (or more often published newspaper)
b. Within 3 months of authentication for any other newspaper
9) A declaration ceases to have effect when a daily, tri-weekly, bi-weekly weekly or fortnightly publishes half the number of issues it is supposed to in a period of 3 months; the same happens for any other newspaper if it has ceased publication for more than 12 months

Section 6 of the Act requires two originals of the declaration to be authenticated by the Magistrate. Any person who wishes to see the declaration can do so by obtaining a copy of the declaration (attested by the Seal of Court) from the officer-in-charge. One of the said originals should be deposited among the records of the office of the Magistrate, and the other deposited among the records of the High Court of Judicature or other principal Civil Court of original jurisdiction for the place where the said declaration should have been made.

According to Section 7, in any legal proceeding, civil or criminal, the copy of the above-mentioned declaration can be held as sufficient evidence against the person whose name is subscribed to it.

Section 8 requires a new declaration by persons who have previously signed a declaration and have ceased to printers or publishers. It is also to be authenticated by a magistrate. The latter declaration will be held as evidence (as in Section 7) over a former declaration in legal proceedings.

Under Section 8A of the Act, if a person’s name is published incorrectly as the editor he may make a declaration that says so within two weeks of him/her realizing that his/her name is published. The person must appear before the District, Presidency or Sub-divisional Magistrate, and if the magistrate is satisfied that the declaration is true on making an inquiry he/she shall certify accordingly.

Section 8B provides for the cancellation of the declaration if the Magistrate is of the opinion that any declaration made in respect of a newspaper should be canceled; an opportunity must be given to the concerned person to show cause against the action taken.

A cancellation is ordered under the following circumstances:
1) The newspaper is published in contravention of the Act.

2) The newspaper has the same/ similar title to another newspaper of the same language or in the same state.

3) The printer or publisher has ceased to be so.

4) The declaration was made on false representation or on the concealment of any material.

It is possible to appeal against the order of the Magistrate. The aggrieved person must appeal to the Press and Registration Appellate Board within sixty days of the cancellation of the declaration.

Section 9 of the Act is about the delivery of books. Printed copies of the whole book along with the maps, prints and other engravings belonging to the book must be delivered by the printer for free of expense to the Government.

a) Every book must be delivered to the State Government within one calendar month after the book is delivered out of the press.

b) The State Government can require from the printer, not more than two copies one calendar year.

Under Section 11, the State Government should transmit the copy of the book mentioned in Section 9 Clause (b) to the Central Government. Section 11A requires the publisher of every newspaper in India to deliver one copy of every issue to the Press Registrar as soon as it published.

Section 18 of the Act requires the maintenance of a catalog of all books delivered to the Government called the Memoranda of Books. It is to be maintained by an officer the State Government appoints. The memoranda should contain the following particulars:-
1) The title of the book, the contents of the title page (with the translation of the title and contents in English if it is any other language).

2) The language in which it is written.

3) Name of the author, translator, and editor.

4) The subject.

5) Place of printing and place of publishing.

6) Name of the firm of the printer and publisher.

7) Date of the issue from the press.

8) The number of sheets/leaves/pages.

9) The size.

10) The edition.

11) The Price.

12) The number of copies of an edition.

13) Whether printed/cyclostyled or lithographed.

14) The name and residence of the proprietor of the copyright or of any portion of such copyright.

Section 19A provides for the appointment of the Registrar of Newspapers i.e. the Press Registrar and other officers by the Central Government.

The Press Registrar should maintain a register of newspapers that will contain the following particulars of all newspapers:-
1) The title
2) The language
3) The periodicity of publication
4) Names of the editors, publisher, and printer
5) Average number of pages per week
6) Number of days of publication in a year

7) Retail selling price per copy
8) Average number of copies printed, sold to the public and distributed for free
9) Name and address of the owner
Section 19D prescribes the duty of the publisher of every newspaper to furnish to the Press Registrar, an annual statement in Form II containing the above-mentioned particulars in respect of the newspaper. The penalty for failure to furnish annual statement is fine up to five hundred rupees. Section 14 of the Act also provides that any publisher making a false statement on conviction before a Magistrate may be punished by fine up to Rs. 2000/- and imprisonment for a term, which may extend to six months.

The Press Registrar should prepare an Annual Report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and give an account of the working of such newspapers and a copy of the report should be forwarded to the Central Government.

Procedure for registration of the newspaper
After publication of the first issue of the newspaper as provided under Section 5(5) of the Press and Registration of Books Act, the Registrar of Newspapers (RNI) must be requested to issue a certificate of registration to the newspaper. The checklist/guidelines for registration of newspapers/periodicals are as under:-
1. Documents required:
a. Photocopy of title verification letter issued by RNI.

b. Attested copy of Declaration authenticated by the DM/ADM/DCP /CMM/SDM as prescribed in form-I.

c. First issue indicating Volume – I and Issue-I.

d. An affidavit from the publisher for “No Foreign Tie-up” in the prescribed form
2. A separate declaration should be filed in case the printer and publisher are different or the place of publication and place of printing come under the jurisdiction of two different magistrates.

3. The first issue should indicate Volume-I and Issue-I, dateline, page number and the title in full prominently on the cover.

4. The publication should be brought out within six weeks (in case of daily/weekly) and three months (in case of another periodicity) from the date of authentication of Declaration.

5. The imprint line should contain the name of the Publisher, Printer, Owner, Printing press with complete address, Place of publication with complete address and the name of the editor.

If the documents are found to be complete in all respects and the publication is in order, the Press Registrar will enter the particulars of the newspaper in the register maintained by him and issue a Certificate of Registration to the publisher.

RNI does not accept incomplete applications for registration or issuing of the revised registration certificate. All pending applications for registration or revised registration will be processed only when all the complete and correct documents are submitted.

Check List of the required documents:-
For the Certificate of Registration:
a) Copy of title verification letter

b) Attested copy of the declaration duly filled in and authenticated by the District Magistrate /Addl. District Magistrate etc.

c) Affidavit for ‘No foreign tie up’ duly filled in and notarized.

d) The first Issue of publication brought out within 42 days in case of dailies and weeklies and 90 days for fortnightly and above.

e) Copy of the latest issue of the publication.

For a Revised certificate of registration:
Following documents are required on the basis of which Revised Registration Certificate is issued:
a) Original Certificate of Registration issued by the O/o Registrar of Newspapers for India and in case it is lost, he/she is required to submit the affidavit for loss of certificate duly filled in and notarized along with the IPO of Rs.5/-.

b) Attested copy of the latest declaration, duly filled in and authenticated by DM/ADM concerned.

c) Affidavit for No foreign tie-up, duly filled in and notarized.

d) The latest issue of the publication.

Fresh/Revised Certificates –
A fresh declaration is to be made in the case of any change in (a) title (b) language
(c) Periodicity (d) ownership (e) place of publication (f) place of printing (g) publisher and (h) printer. It will be necessary to apply to the Press Registrar for a revised certificate of registration. A revised certificate will not be necessary if the fresh declaration has been made under other circumstances.

The documents required are given below:
(a) An attested photocopy of the fresh declaration duly authenticated by the magistrate concerned etc. indicating the change(s).

(b) A copy of the latest issue of the publication with correct imprint line, title, and date line printed on each page of the publication.

(c) Original Certificate of registration issued by the office of RNI.

(d) If Original Certificate of Registration is lost, damaged, stolen etc., an affidavit duly signed by a magistrate, with a five rupee Indian Postal Order in favor of RNI has to be furnished.

(e) In case of change of ownership, attested photocopy of the transfer deed in respect of ownership, duly authenticated by the magistrate concerned, is also to be submitted.

(f) In case of change of title/language, a copy of the title verification letter is to be submitted.

(g) An affidavit for no foreign tie-up.

Duplicate Certificates
When the original certificate of registration is lost, damaged, or stolen, and if none of the circumstances requiring a fresh declaration as noted above exist, an application may be submitted to the Press Registrar for the issue of a duplicate certificate of registration with full details given on a separate sheet of paper. Please note that if the certificate has been lost or stolen, adequate documentary proof of having reported the matter to the concerned police authorities, such as a copy of the FIR or a copy of the complaint bearing their stamp/seal, would be necessary. The documents required are as follows:

(a) An affidavit to this effect duly authenticated by Notary or the Magistrate concerned under his signature and office seal.

(b) Attested photocopy of the latest declaration authenticated by the magistrate concerned.

(c) A copy of the latest issue of the publication with correct imprint line.

(d) An Indian Postal Order of Rs.5/- in favor of RNI.

(e) An affidavit for “No Foreign Tie Up”
Duties of a Publisher:
a) According to the Registration of Newspaper (central) Rules, 1956, within 48 hours of the publication of a newspaper, one copy of the issue is to be sent to the Press Registrar, either by post or by a messenger. In the case of multi-edition newspapers published under the same declaration, one copy of each edition is required to be sent if the retail selling price or the number of pages in an edition is different from another edition.

b) Every publisher should furnish to the Press Registrar an annual statement regarding the newspaper. The statement is to be in the format given as in Form II in the Schedule to the Registration of Newspapers (Central) Rules, 1956. The statement will be on financial year basis, and it should reach the Press Registrar on or before the last day of May of the following year. Where the circulation of newspaper exceeds 2000 copies per publishing day, a certificate from a chartered accountant or a qualified auditor as given below Part B of the prescribed format is to be furnished along with the annual statement.

c) Every year, in the first issue after the last day of February, a statement regarding the ownership and other details of the newspaper should be published, in the format given as Form IV in the Schedule to the Registration of Newspapers (Central) Rules, 1956.

d) In the event a person ceases to be the printer or a publisher of the newspaper, he/she should appear before any Magistrate (District, Presidency, or Sub-Divisional) and make a declaration. The Magistrate will authenticate the declaration and an attested copy of the same is to be forwarded to Press Registrar by the printer/publisher.

e) The publisher/owner of a newspaper should submit half-yearly returns for the period ending 30th September by 31st October of the same year and annual returns for the period ending 31st March by 30th April, indicating the quantity of imported newsprint purchased and consumed during the relevant periods. The half-yearly return is to be certified by the publisher/owner and the annual return is to be certified by a Chartered Accountant. Failure to submit the returns in time or submission of false information will disqualify the newspaper for authentication of Certificate of Registration for import of newsprint.

The Newspaper (Price and Page) Act, 1956-
The Newspaper (Prices and Pages) Act, 1956 has been enacted to provide for the regulation of the prices charged for newspapers in relation to their pages and of matters connected therewith for the purpose of preventing unfair competition among newspapers so that newspapers can have fuller opportunities of freedom of expression. The Act empowers the central government to make orders providing for the regulation of the prices charged for newspapers in relation to their maximum or minimum number of pages, sizes or areas and for the space to be allotted for advertising and other related matters for the purpose of preventing unfair competition among newspapers so that newspapers generally and in particular, newspapers with smaller resources and those published in Indian languages can have fuller opportunities for freedom of expression. The Act also provides that the Central Government should before making any order, consult associations of publishers and such publishers likely to be affected by the order. The Act prohibits publication and sale of newspapers in contravention of any order made under the provisions of this Act.

The Press Council Act, 1978-
The Press Council Act, 1978 was enacted to establish a Press council for the purpose of preserving the freedom of the Press and for maintaining the standards of newspaper and news agencies in India. The Act established the Press Council of India which is a body corporate having perpetual succession, with effect from 1st March 1979. The Press Council of India is empowered to make observations in respect of the conduct of any authority including Government if considered necessary for the performance of its functions under the Act. The Council can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has not complied with the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct.

Complaints against the Press:
It is open to any person to lodge a complaint with the Press Council against a newspaper for a breach of the recognized ethical canons of journalistic propriety and taste. The complainant need not necessarily be the person aggrieved or directly involved. The alleged breach may be in the publication or non-publication of a news-item or statement, or other material, like cartoons, pictures, photographs, strips or advertisement which are published in a newspaper. Cases can also be initiated by any member of the public against any professional misconduct by an editor, working journalist, staff of a newspaper or engaged in freelance work. There can also be a complaint against any matter transmitted by a news agency by any means whatsoever. By virtue of the Press Council (Procedure for Inquiry) Regulations, 1979, a complaint shall be lodged with the Council within the following periods:
(i) Dailies, News agencies, and Weeklies – within 2 months
(ii) In all other cases – within 4 months. Provided that a relevant publication of an earlier date may be referred to in the complaint.

Write to the editor first-
It is a requirement of the Inquiry Regulations that the complainant should initially write to the editor of the newspaper drawing his attention to what the complainant considers being a breach of journalistic ethics or an offense against public taste. Such prior reference to the editor affords him an opportunity to deal with the matter in the first instance and thus allows the respondent to take such remedial action as he might consider appropriate before the complaint is lodged with the Council. This rule is necessary because it acquaints the editor with the identity of his accuser and the details of the complaint. It is conceivable that in some instance the complainant has been wrongly informed or has misinterpreted the facts. In others, it may be a case of an inadvertent error which the editor is only too ready to admit and correct. If the would-be-complainant is satisfied, that would be the end of the matter.

Where, after referencing to the newspaper, the person desires to proceed with the complaint, he should enclose with his complaint copies of correspondence with the editor, if no reply has been received from the editor, the fact should be mentioned in the complaint.

The complainant has, in his complaint, to give the name and address of the newspaper, editor or journalist against whom the complaint is directed. A clipping of the matter or news-items complained of, in original or self-attested copy (English translation, if the news item(s) is in vernacular) should accompany the complaint. The complainant has to state in what manner the passage or news-items or the material complained of is objectionable. He should also supply other relevant particulars if any.

In case of a complaint against non-publication of material, the complainant will, of course, say how that constitutes a breach of journalistic ethics.

The Council cannot deal with any matter which is sub-judice in the court of law. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that ” he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law” is also necessary.

Complaints regarding oppression to Press freedom-
A newspaper, a journalist or any institution or individual can complain against Central or State Government or any organization or person for interference with the free functioning of the press or encroachment on the freedom of the press. Such complaints should contain full particulars of the alleged infringement whereupon the Council shall follow the procedure of inquiry set out hereinabove so far as may be.

The opinion expressed by the Council serves two useful purposes, namely (i) that any abuse of press freedom does not pass without anybody noticing it or raising a finger of protest, and (ii) that the press should not in its own interest indulge in scurrilous or other objectionable writings-writings such as have been considered below the level of recognized standards of journalistic ethics by a fair-minded jury like the Council constituted of the press itself, for it would lead to the very loss of the much-prized freedom of the press.

Address of the respondent-
It is a requirement of the Inquiry Regulations that the complainant should draw the attention of the respondent(s)/authorities towards the grievances, state how the action/inaction of the respondent authorities amounts to curtailment of the freedom of the press, mention the possible reason for the action/inaction of the respondent(s)/authorities duly supported by documentary evidence and furnish a copy of the letter written to the respondent(s)/authorities.

In case the action of the respondent(s)/authorities is a reprisal measure for writings in the newspaper, critical of the respondent(s), the cuttings of such reports be furnished in original or as self-attested copies (English translation if the news item(s) is in vernacular.

Furnish a copy of the reply, if any received from the respondent(s)/authorities, provided that the Chairman may waive this requirement in his discretion.

By virtue of the Press Council(Procedure for Inquiry) Regulations, 1979, limitation of time is four months from the date of cause of action, provided that the Chairman may condone the delay if he is satisfied that there exist sufficient reasons for such condonation.

The Council cannot deal with any matter which is sub-judice in the court of law. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that ” he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law” is also necessary.

Delivery of Books ‘and Newspapers’ (Public Libraries) Act, 1954
The Delivery of Books ‘and Newspapers’ (Public Libraries) Act, 1954 has been enacted to regulate delivery of Books to the National Library, Calcutta, and other public libraries. The Act provides that subject to any rules that may be made under the Act, but without prejudice to the provisions contained in Section 9 of the Press and Registration of Books Act, 1867, the publisher of every book published in the territories to which this Act extends after the commencement of this Act should, despite any agreement to the contrary, deliver at his own expense a copy of the book to the National Library at Calcutta and one such copy to each of the other three public libraries within thirty days from the date of its publication. Regarding the delivery of newspapers to public libraries, the Act provides that subject to any rules that may be made under this Act, but without prejudice to the provisions contained in the Press and Registration of Books Act,1867, the publisher of every newspaper, published in the territories to which this Act extends, should deliver at his own expense one copy of each issue of such newspaper as soon as it is published, to each such public library as may be notified in this behalf by the Central Government in the Official Gazette.

Guidelines for publication of Indian editions of foreign magazines dealing with news and current affairs dated 4.12.2008-
Publication of Indian editions of foreign magazines, publishing news and comments on public news i.e. periodicals falling in the news and current affairs category, by Indian entities, with or without foreign investment is allowed. Entities/publishers of such editions would be eligible for attracting 26% foreign investment. The ceiling of total Foreign Direct Investment {which includes foreign direct investments by Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs) and portfolio investments by recognized Foreign Institutional Investors (FIIs), together} is up to 26%, as per the consolidated FDI policy.

‘Magazine’ has been defined as ‘a periodical publication brought out on a non-daily basis containing public news or comments on the public news’.

Eligibility
Any Indian entity, with or without foreign investment, will be permitted to publish an Indian edition of a foreign magazine falling in the news and current affairs sector. Entities/Publishers of such editions would be eligible for attracting 26% foreign investment as per FDI Guidelines issued by this Ministry from time to time.

Verification of Title of the Publication and its Registration
The title of the magazine should be got verified and subsequently registered by the Indian entities/publishers from the Registrar of Newspapers for India (RNI) under the Press and Registration of Books Act, 1867 and as per the prescribed procedure.

Conditions
• The publisher/owner of the foreign magazine of which Indian edition is proposed to be published should have sound credentials.

• Permission to publish such editions would be granted only to those entities/publishers which are registered as an Indian company with the Registrar of Companies under the provisions of the Indian Companies Act, 1956.

• The Indian companies would be allowed to enter into financial arrangements (such as royalty payment arrangements, etc.) with the owners of the foreign magazines subject to the rules and regulations of the Government of India issued on the matter from time to time.

• At least 3/4th of the Directors on the Board of Directors of the Applicant Indian Company and all key executives and editorial staff should be resident Indians.

• The applicant Indian company should frame its Articles/Memorandum of Association to ensure compliance with the prescribed eligibility criteria.

• 100% identical content of the foreign magazine concerned would be allowed and the Indian publisher would be free to add local content and advertisements.

• That permission may be granted for publication of only such magazines which are being published in the country of their origin with the approval of the regulatory authority of the respective Governments of those countries in cases where such approvals are granted by the Governments.

• That the proposed publication should have been published continuously for a period of at least 5 years, and the publication must have had a circulation of at least 10,000 paid copies in the last financial year in the country of its origin. The period of continuous publication and circulation must be certified by the respective Governmental authority of the country, and if there is no such Governmental authority regulating such matters, the certificate should be from respected and recognized agencies engaged in the business of certification.

• Any Indian company publishing Indian edition of foreign magazines in India will be subject to all the relevant laws and guidelines applicable to Indian news magazines and their publishers.

The applicant entity should make full disclosure, at the time of application, of the Licence Agreement/ Financial Arrangement with the foreign entity for publishing such Indian editions. Any subsequent change should be disclosed to the Ministry of Information & Broadcasting within fifteen days of such a change.

• The applicant company should inform the Ministry of Information & Broadcasting within 15 days of effecting any changes in the composition of resident Indian Directors or key executives and editorial staff. Such a change would be subject to post facto approval of the Ministry of Information & Broadcasting.

• The applicant company will be liable to intimate the names and details of any foreigners/NRIs/PIOs proposed to be employed/engaged in the Entity for more than 60 days in a year, either as Consultant or as regular employees or in any other capacity. The Entity will be liable to dispense with the services of such persons if subsequently not found security cleared.

• The applicant company should obtain prior clearance from the Ministry of Information & Broadcasting of all persons not being resident Indians who are proposed to be inducted in the Board of Directors/Key Executives/Editorial Staff of the company.

• The applicant company should permit the Government agencies to inspect the facilities required for publishing Indian edition of a foreign magazine, as and when required.

• The Government of India, Ministry of Information & Broadcasting will have the right to suspend/ withdraw/ cancel the permission of the company for a specified period or for the whole time if the conditions specified in the grant of permission is violated or in public interest or in the interest of national security. The company should immediately comply with the directives issued in this regard.

• The company should stop publication of the Indian edition of the magazine whenever approval for such publication is suspended/ withdrawn/ canceled by the Ministry of Information & Broadcasting.

Procedure for application
• Eleven copies of the prescribed application form, duly filled in, along with the requisite documents should be submitted to the Ministry of Information & Broadcasting.

• Application fee of Rs.20,000/- (Rupees Twenty thousand only) will have to be deposited through demand draft made in favor of Pay & Accounts Officer, Ministry of Information and Broadcasting, payable at New Delhi.

• In case the original foreign magazine is in a language other than English/Hindi, the certified/ authenticated English transcripts of the magazine, one issue each for the last five years along with the original copy may be provided with the application.

• Certification/ authentication should be done by the publisher of the original foreign magazine.

All new applications for publication of Indian editions of foreign magazines dealing in news and current affairs sector, will be processed and decided in the Ministry of Information & Broadcasting on the basis of inter-ministerial consultation with the Ministry of Home Affairs, Ministry of External Affairs, Department of Industrial Policy and Promotion, Ministry of Corporate Affairs and other Ministries/Departments, as may be required.

6. LAWS APPLICABLE FOR BROADCASTING
The list of legislation applicable to Cable Network –
i. Cable Television Networks Regulation Act, 1995
ii. Cable Television Networks Rules, 1994
The list of legislation related to Prasar Bharati –
I. Prasar Bharati (Broadcasting Corporation of India) Act, 1990
II. Prasar Bharati Investment of Money Rules, 2007
The list of legislation related to Sports Broadcasting –
I. Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 II. Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Rules, 2007
The following guidelines and policies are applicable for Broadcasting –
i. Internet Protocol Television (IPTV) Guidelines
ii. Direct to Home (DTH) Service Guidelines
iii. CRS (Community Radio Stations) Guidelines
iv. Uplinking guidelines
v. Policy guidelines for Downlinking of TV Channels
vi. FM Radio Phase-II
vii. Conditional Access System (CAS)
viii. Content Regulation on Private TV Channels
ix. Guidelines for providing Headend-in-the-Sky (HITS) broadcasting service in India

x. Advertisement of Political Nature on Radio
xi. Policy guidelines for Internet Protocol Television (IPTV) service in India
xii. Certification of film songs, film promos etc. for cable service
xiii. TRAI’s DTH Regulation
xiv. The Code of Advertising Practice of the Advertising Standards Council of India
xv. FM phase II Policy
xvi. Policy Guidelines for expansion of FM Radio broadcasting services through Private Agencies (Phase-III)
xvii. Policy Guidelines for setting up Community Radio Stations in India
xviii. Guidelines to regulate child participation in TV serials, reality shows, and advertisements
xix. Protection of identity of Children in Need of Care and Protection and juveniles in conflict with Law
The Cable Television Networks Regulation Act, 1995-
The principal purpose of the Act was to introduce regulatory certainty to the cable market that had emerged in the early 1990s. The statement of objects and reasons declared that cable TV constituted a ‘cultural invasion’ as cable programs were predominantly western and alien to Indian culture and way of life. It declared that the lack of regulation had resulted in undesirable programs and advertisements being shown to Indian viewers without any censorship.

The Cable Television Networks (Regulation) Act, 1995 was enacted for the purpose of regulating the operations of cable television networks in the country so as to bring uniformity in their operations, avoid undesirable programs from being made available to the viewers as well as to enable the optimal exploitation of the technology which had the potential of making available to the subscribers a vast pool of information and entertainment.

Section 3 of the Act makes it mandatory that, a cable television network can be operated only by a registered cable operator. In order to register, an entity could be-
– an Indian citizen
– an association of individuals whose members are Indian citizens
– a company in which not less than 51 percent of paid-up equity share capital is
held by Indian citizens
The Cable Networks Act empowers and authorizes a government officer to seize a cable operator’s equipment if the officer has reason to believe that the cable operator is functioning without proper registration.

The Cable Television Networks Rules, 1994 were enacted under the Cable Television Networks (Regulation) Ordinance, 1994. The programming code under Rule 6 lays down restrictions on the content of both programmes and advertisements that can be shown on cable TV. No programme can be shown that:
? Offends against good taste or decency
? Contains criticism of friendly countries
? Contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes
? Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half-truths
? Is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote-anti-national attitudes
? Contains anything amounting to contempt of court
? Contains aspersions against the integrity of the President and Judiciary
? Contains anything affecting the integrity of the Nation
? Criticizes, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country

? Encourages superstition or blind belief
? Denigrates women through the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals
? Denigrates children
? Contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups
? Is not suitable for unrestricted public exhibition
Rule 7 deals with restrictions on advertisements. The Advertising Code in the Cable Network Rules says that all advertising carried in the cable service have to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers. The code says that no advertisement shall be permitted which:
• Derides any race, caste, color, creed, and nationality
• Is against any provision of the Constitution of India
• Tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way
• Presents criminality as desirable
• Exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary
• In its depiction of women violates the constitutional guarantees to all citizens.

• Projects a derogatory image of women. The Rules say that women should not be portrayed in a manner that emphasizes passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator is supposed to ensure that the portrayal of the female form, in the programs carried in his cable service, is “tasteful and aesthetic, and is within the well-established norms of good taste and decency”.

• Exploits social evils like dowry, child marriage.

• Promotes directly or indirectly production, sale or consumption of cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants, infant milk substitutes, feeding bottle or infant food.

The Rules prohibit advertisements that-
• Are wholly or mainly of a religious or political nature or directed towards any religious or political end.

• Contain references that hurt religious sentiments.

• Contain references that are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.

• Contain pictures and audible matter of the advertisement that is excessively loud
• Endanger the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner
• Contain indecent, vulgar, suggestive, repulsive or offensive themes or treatment
• Contain advertisements that violate the standards of practice for advertising agencies as approved by the Advertising Agencies Association of India, Bombay, from time to time.

The Cable Television Networks (Regulation) Amendment Act, 2011-
The Telecom Regulatory Authority of India (TRAI), in its recommendations dated the 5th August, 2010 on “Implementation of Digital Addressable Cable Systems in India” had, inter alia, recommended that “digitalization with addressability be implemented on priority in cable TV services in Non-CAS areas” and, accordingly, recommended a time-frame comprising four phases for switch over from analog system to the digital addressable system (DAS) in the cable TV sector. In view of the above-mentioned recommendations of the TRAI, the Central Government decided to introduce digitalization with addressability in the cable TV services in a phased time-bound manner on a pan India basis, leading to complete switch off of analog TV services by the 31st December 2014.

For the implementation of DAS, certain amendments were required to be made in the aforesaid Act mandating all cable operators to provide programmes of all channels, including free-to-air (FTA) channels, in an encrypted form through DAS in a phased manner at specified areas from specified dates to be notified by the Central Government. It is also mandatory that any such notification should give at least six months time to the cable operators for being able to install the necessary digital equipment for migration and educate the subscribers in this area. In order to protect the interest of consumers, it has been proposed to empower TRAI to specify a package of free-to-air channels, called basic service tier, which shall be offered by every cable operator to the consumers. It is also necessary that every cable operator should offer channels in the basic service tier on a la carte (individual) basis to consumers at a tariff fixed by TRAI.

It has also been considered necessary to carry out certain amendments in the Act for rectifying certain deficiencies noticed during the operation of the Act for the last fifteen years. These, inter alia, include systemization of registration of cable operators, providing the right of way to cable operators and permission by public authorities, compulsory transmission of certain channels, inspection of cable network services, prescription of interference standards by the Central Government and empowering the TRAI to specify basic service tier and its tariff.

The Act has come into force from the 25th day of December 2011.

Prasar Bharati (Broadcasting Corporation of India) Act, 1990-
The introduction of the Prasar Bharati Bill in Parliament in May 1979 was the direct result of the recommendations of the B. G. Verghese Committee set up in 1977 after the Internal Emergency declared by the then Prime Minister Indira Gandhi (1975-77). The Bill was allowed to lapse after the Janata party government elected to form the government after the Emergency collapsed and the Congress party returned to power.

The victory of the National Front government in 1989 saw the revival of the Prasar Bharati Bill in a somewhat modified form; the Bill was passed by Parliament and received presidential assent on September 12, 1990. The Act provided for the formation of an autonomous Broadcasting Corporation that would manage Doordarshan and AIR, discharging all powers previously held by the Information and Broadcasting Ministry. The corporation would inherit the capital assets of Doordarshan and AIR and would be managed by a 15-member Prasar Bharati Board, including the Directors-General of the two organizations and two representatives from amongst the employees. The Chair and other members of the Board would be appointed on the recommendations of the selection committee headed by the Vice President. A fifteen-member Broadcasting Council would address public complaints.

The primary duty of the Broadcasting Corporation was to ‘organize and conduct public broadcasting services to inform, educate, and entertain the public’ and to ensure ‘a balanced development’ of broadcasting of radio and television. The Corporation was to be guided by a set of objectives while discharging its functions. These include:
• Upholding the unity and integrity of the country and the values enshrined in the Constitution
• Safeguarding the citizen’s right to be informed freely, truthfully and objectively on all matters of public interest, national or international, and presenting a fair and balanced flow of information including contrasting views without advocating any opinion or ideology of its own
• Paying special attention to the fields of education and spread of literacy, agriculture, rural development, environment, health and family welfare and science and technology.

• Providing adequate coverage to the diverse cultures and languages of the various regions of the country by broadcasting appropriate programmes.

• Providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship.

• Providing appropriate programmes keeping in view the special needs of the youth.

• Informing and stimulating the national consciousness in regard to the status and problems of women and paying special attention to the upliftment of women.

• Promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing the welfare of the weaker sections of the society.

• Safeguarding the rights of the working classes and advancing their welfare
• Serving the rural and weaker sections of the people and those residing in border regions, backward or remote areas.

• Providing suitable programmes keeping in view the special needs of the minorities and tribal communities.

• Taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable sections of the people.

• Promoting national integration by broadcasting in a manner that facilitates communication in the languages in India, and facilitating the distribution of regional broadcasting services in every State in the languages of that State.

• Providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilization of the broadcast frequencies available and ensuring high-quality reception.

• Promoting research and development activities in order to ensure that radio and television broadcast technology is constantly updated.

• Expanding broadcasting facilities by establishing additional channels of transmission at various levels.

• Ensuring that broadcasting is conducted as a public service to provide and produce programmes.

• Establishing a system for the gathering of news for radio and television;

• Negotiating for the purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports and other events, films, serials, occasions, meetings, functions or incidents of public interest, for broadcasting and to establish procedures for the allocation of such programmes, rights or privileges to the services.

• Establishing and maintain a library or libraries of radio, television and other materials. Conducting or commissioning, from time to time, programmes, audience research, market or technical service, which may be released to such persons and in such manner and subject to such terms and conditions as the Corporation may think fit.

7. LAWS APPLICABLE FOR FILMS
The list of legislation applicable for films –
I. The Cinematograph Act, 1952
II. The Cinematograph (Certification) Rules, 1983
The following guidelines and policies are applicable for Films –
1. Guidelines for import of films
2. Policy for import of Cinematograph films and other films.

3. Revised guidelines for shooting feature films in India by foreign nationals/co-productions.

4. Guidelines to certify Films (CBFC)
5. Policy for certification of films for Film festivals
Cinematograph Act, 1952
The Cinematograph Act of 1952 has been passed to make provisions for certification of cinematographed films for exhibition by means of Cinematograph. Under this Act, the Board of Film Censor (i.e. Central Board of Film Certification) with advisory panels at regional centers is empowered to examine every film and sanction it whether for unrestricted exhibition or for exhibition restricted to adults. The Board is also empowered to refuse to sanction a film for public exhibition.

The Certification process is in accordance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government u/s 5 (B). At present films are certified under 4 categories –

• U – Unrestricted Public Exhibition
• UA – Unrestricted Public Exhibition – but with a word of caution that Parental discretion required for children below 12 years
• A – Restricted to adults
• S – Restricted to any special class of persons
The Cinematograph Act lays down that a film should not be certified if any part of it is against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or involves defamation or contempt of court or is likely to incite commission of any offence. Under section 5B(2) the Central Government has issued the following guidelines.

A film is judged in its entirety from the point of view of its overall impact and is examined in the light of the period depicted in the film and the contemporary standards of the country and the people to whom the film relates provided that the film does not deprive the morality of the audience. Guidelines are applied to the titles of the films also.

1. Objectives of Film Certification
i) the medium of the film remains responsible and sensitive to the values and standards of society;
ii) artistic expression and creative freedom are not unduly curbed;
iii) certification is responsible for social changes;
iv) the medium of film provides clean and healthy entertainment; and
v) as far as possible, the film is of aesthetic value and cinematically of a good standard.

2. In pursuance of the above objectives, the CBFC shall ensure that
i) anti-social activities such as violence are not glorified or justified

ii) the modus operandi of criminals, other visuals or words likely to incite the commission of any offense are not depicted;
iii) scenes –
a. showing the involvement of children in violence as victims or perpetrators or as forced witnesses to violence, or showing children as being subjected to any form of child abuse.

b. showing abuse or ridicule of physically and mentally handicapped persons; and
c. showing cruelty to, or abuse of animals, are not presented needlessly
iv) pointless or avoidable scenes of violence, cruelty, and horror, scenes of violence primarily intended to provide entertainment and such scenes as may have the effect of de-sensitizing or de-humanizing people are not shown;
v) scenes which have the effect of justifying or glorifying drinking are not shown;
vi) scenes tending to encourage, justify or glamorize drug addiction are not shown;
a. scenes tending to encourage, justify or glamorize consumption of tobacco or smoking are not shown;
vii) human sensibilities are not offended by vulgarity, obscenity or depravity;
viii) such dual meaning words as obviously cater to baser instincts are not allowed;
ix) scenes degrading or denigrating women in any manner are not presented;
x) scenes involving sexual violence against women like an attempt to rape, rape or any form of molestation or scenes of a similar nature are avoided, and if any such incidence is germane to the theme, they shall be reduced to the minimum and no details are shown
xi) scenes showing sexual perversions shall be avoided and if such matters are germane to the theme they shall be reduced to the minimum and no details are shown.

xii) visuals or words contemptuous of racial, religious or other groups are not presented
xiii) visuals or words which promote communal, obscurantist, anti-scientific and anti-national attitude are not presented
xiv) the sovereignty and integrity of India is not called in question;
xv) the security of the State is not jeopardized or endangered
xvi) friendly relations with foreign States are not strained;
xvii) public order is not endangered
xviii) visuals or words involving defamation of an individual or a body of individuals, or contempt of court are not presented
EXPLANATION: Scenes that tend to create scorn, disgrace or disregard of rules or undermine the dignity of the court will come under the term ”Contempt of Court”: and
xix) national symbols and emblems are not shown except in accordance with the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950)
3. The Board of Film Certification shall also ensure that the film
i) Is judged in its entirety from the point of view of its overall impact; and
ii) Is examined in the light of the period depicted in the films and the contemporary standards of the country and the people to which the film relates provided that the film does not deprive the morality of the audience.

4. Films that meet the above – mentioned criteria but are considered unsuitable for exhibition to non-adults shall be certified for exhibition to adult audiences only.

5.

i) While certifying films for unrestricted public exhibition, the Board shall ensure that the film is suitable for family viewing, that is to say, the film shall be such that all the members of the family including children can view it together.

ii) If the Board, having regard to the nature, content, and theme of the film is of the opinion that it is necessary to caution the parents/guardian to consider as to whether any child below the age of twelve years may be allowed to see such a film, the film shall be certified for unrestricted public exhibition with an endorsement to that effect.

iii) If the Board having regard to the nature, content, and theme of the film, is of the opinion that the exhibition of the film should be restricted to members of any profession or any class of persons, the film shall be certified for public exhibition restricted to the specialized audiences to be specified by the Board in this behalf.

6. The Board shall scrutinize the titles of the films carefully and ensure that they are not provocative, vulgar, offensive or violative of any of the above-mentioned guidelines.

The Central Board of Film Certification is responsible for certifying films. The enforcement of compliance with the provisions of the Cinematograph Act, 1952 is entrusted to the State Governments /Union Territory Administrations, since exhibition of films is a State subject.

The following are the major violations that agitate the minds of the public:
• exhibition of an ””A”” certified film to a non-adult;
• exhibition of a””S”” certified film to persons other than those for whom it is meant;
• exhibition of a film in a form other than the one in which it was certified. Such violations are known as interpolations. Interpolations can be described as follows –
O re-insertion in the prints of a film, those portions which were deleted by the Board while certifying the film
O insertion in prints of a film, portions of which were never shown to the Board for certification
O exhibition of ””bits”” unconnected with the certified film

• exhibition of a film which was refused a certificate (or ””banned”” in common parlance)
• exhibition of uncertified films with forged certificates of other films
• exhibition of films without CBFC certificate
Violations of Cinematograph act and penalties –
Section 7 of the Cinematograph Act provides penalties for violation of censorship provisions. A penalty can also be imposed for failure to comply with section 6A which requires that any person delivering a film to an exhibitor or a distributor will also give to him details of all cuts, certification, title, length, and conditions of certification.

A person guilty of violation while exhibiting celluloid films is punishable with imprisonment for a term which may extend to Three years, or with fine which may extend to Rs.1/-lakh, or with both, and with a further fine up to Rs.20,000 for each day for a continuing offense. Similarly, Showing of video films which violate the rules in the manner prescribed in this section will attract imprisonment of not less than three months but which may extend to three years and a fine of not less than Rs.20,000 but which may extend to Rs.1/-lakh and a further fine up to Rs.20,000 for each day for a continuing offence.

Furthermore, the trial court can direct that the offending film is forfeited to the Government. Under Section 7A, any police officer can enter a hall where an offending film is being screened, search the premises and seize the print. Films can also be seized when they are likely to be exhibited in violation of Cinematograph Act.

8. OTHER LAWS APPLICABLE TO MEDIA 8.1. FDI in the media sector
Foreign direct investment (FDI) is that investment, which is made to serve the business interests of the investor in a company, which is in a different nation distinct from the investor’s country of origin.

FDI in India is governed by the Consolidated FDI Policy issued by the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India.

Print Media
S.No. Activity % of FDI cap/equity Entry route

1 Publishing of Newspaper and 26% (FDI and Government
periodicals dealing with news and investment by
current affairs NRIs/PIOs/FII)

2 Publication of Indian editions of 26% (FDI and Government
Foreign Magazines dealing with investment by the news and current affairs NRIs/PIOs/FII)

3 Publishing/printing of Scientific 100% Government
and Technical Magazines/
specialty journals/ periodicals,
subject to compliance with the
legal framework as applicable
and guidelines issued in this
regard from time to time by
Ministry of Information and
Broadcasting.

4 Publication of facsimile edition 100% Government
of foreign newspapers

FDI should be made by the owner of the original foreign newspapers whose facsimile edition is proposed to be brought out in India. Publication of facsimile edition of foreign newspapers can be undertaken only by an entity incorporated or registered in India under the provisions of the Companies Act, 1956. Foreign investment would also be subject to the Guidelines for Publication of Indian editions of foreign magazines dealing with news and current affairs issued by the Ministry of Information & Broadcasting on 4.12.2008. Publication of facsimile edition of a foreign newspaper would also be subject to the Guidelines for publication of newspapers and periodicals dealing with news and current affairs and publication of facsimile edition of foreign newspapers issued by Ministry of Information & Broadcasting on 31.3.2006, as amended from time to time.

Broadcasting
Headend-In-The-Sky (HITS) Broadcasting Service refers to the multichannel downlinking and distribution of television programme in C-Band or Ku Band wherein all the pay channels are downlinked at a central facility (Hub/teleport) and again uplinked to a satellite after encryption of channel. At the cable headend, these encrypted pay channels are downlinked using a single satellite antenna, transmodulated and sent to the subscribers by using a land-based transmission system comprising of the infrastructure of cable/optical fibers network.

All the activities related to uplinking will be further subject to the condition that the Company permitted to uplink the channel should certify the continued compliance of this requirement through the Company Secretary at the end of each financial year.

FDI for Up-linking TV Channels will be subject to compliance with the Up-linking Policy notified by the Ministry of Information & Broadcasting.

8.2. Labor-related legislation
Generally, all labor-related legislation are applicable for people working in the media sector. But there is certain specific labor legislation that regulates the conditions of employment in this sector. A few of them have been discussed hereunder –
The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, and, The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957
The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 provides for regulation of certain conditions of service of working journalists and other persons employed in newspaper establishments. The Act provides that for the purpose of fixing or revising rates of wages in respect of working journalists, the Central Government shall constitute Wage Board as and when necessary. The Central Government has set up a central-level monitoring committee in the Ministry of Labour to oversee the implementation of wage board’s recommendations. After receipt of the recommendations of the Board, the Central Government is required to make an order in terms of recommendations and this order becomes applicable on the class of newspaper establishments for which the Board has recommended.

All the Assistant Labour Commissioners of the Labour Department have been appointed Inspectors for carrying out the enforcement work under the Act for their respective districts. Deputy Labour Commissioners have been authorized for the recovery of the amount due to the newspaper employees under the provisions of the Act. The amount can be recovered by the issue of a certificate for the amount to the Collector, for recovery of the amount as arrears of land revenue. The penalty provided for violation of any of the provisions of the Act or any rule made thereunder is punishment with a fine which may extend to Rs. 200/- and Rs. 500/- for a subsequent violation.

Working Journalist is a person whose principal avocation is that of a journalist and who is employed either whole time in one or more newspaper establishments and includes an editor, a leader-writer, news editor, sub-editor, feature writer, copy tester, reporter, correspondent, cartoonist, news photographer, and proof reader, but does not include any such person who — (i) is employed mainly in a managerial or administrative capacity; or (ii) being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, function mainly of a managerial nature. (Section 2 (f))
Newspaper means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. (Section 2(b))
Newspaper establishment means an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspaper or for conducting any news agency or syndicate; and includes newspaper establishments specified as one establishment under the Schedule. Explanation: – For the purposes of this clause-
(a) different departments, branches, and centers of newspaper establishments shall be treated as parts thereof,
(b) a printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper. (Section 2(d)
Important provisions of the Act-
The provisions of the Industrial Disputes Act will apply to the working journalist with some modifications. The period of notice referred in the ID Act in relation to the retrenchment has been enhanced to six months in the case of the editor and three months in the case of other working journalists. (Section 3)
The Industrial Employment (Standing Orders) Act, 1946 is made applicable to every newspaper establishment wherein twenty or more newspaper employees are employed. (Section 14)
Gratuity is payable to working journalists who have put in a minimum service of three years. (Section 5)

The Employees’ Provident Fund Act 1952 is applicable to every newspaper establishment in which twenty or more persons are employed on any day. (Section 15)
No working journalist will be required or allowed to work more than 144 hours in four consecutive weeks. The total working hours in a day should not exceed six hours and in the case of night shift shall be 5½ hours only. They shall be given one day off in a week. These provisions will not be applicable to editors, or to correspondents, reporters or news photographers. (Section 6 & Rule 7)
A working journalist is entitled to 10 holidays in a year and is also entitled to for a compensatory holiday within a period of 30 days in lieu of attending on a holiday.

A working journalist is entitled to 15 days casual leave and one month earned leave. The earned leave can be accumulated up to 90 days in every year. A female working journalist is entitled to three months maternity leave on full wages on the production of medical certificate. The leave and other service conditions in respect of non-journalists are regulated as per the provisions of the Factories Act, 1948.

The following registers and records are liable to maintain by the employer in respect of the working journalists –
• Register of employees in Form-D
• Service register of all working journalists, in Form-E
• Leave register of the working journalist in Form-F
• Muster roll in form-G

The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 & the Cine-workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 provides for the regulation of the conditions of employment of certain cine-workers and cinema theatre workers and related matters thereto.

‘Cinema theatre’ means a place which is licensed under Part III of the Cinematograph Act, 1952, or under any other law for the time being in force in a State for the exhibition of a cinematograph film.

A cine-worker is an individual who is employed, directly or through any contractor or another person, in or in connection with the production of a feature film to work as an artist
(including actor, musician or dancer) or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise and whose remuneration with respect to such
employment in or in connection with the production of such feature film does not exceed, where such remuneration is by way of monthly wages, a sum of one thousand six hundred rupees per month, and where such remuneration is by way of a lump sum, a sum of fifteen thousand rupees.

Producer, in relation to a feature film, means the person by whom the arrangements necessary for the making of such film (including the raising of finances and engaging cine-workers for the making of such film) are undertaken.

The Act prohibits the employment of any cine-worker without an agreement in writing with the producer of the film or where any cine-worker is employed through a contractor or other person, with the producer of such film and such contractor or another person. Such agreement should be registered with the competent authority notified under the law by the producer of the film. The Agreement should be in Form A as given under the Rules. Whoever contravenes this provision will be punishable with fine, not less than Rs.10,000 but which may extend to Rs.50,000.

The Act provides safeguards to low paid artists and technicians engaged in the production of feature films with regard to their terms and conditions of employment, payment of wages and provision of other amenities.

The provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 will apply to every cinema theatre in which five or more workers are employed on any day.

The provisions of the Payment of Gratuity Act, 1972 will apply to every worker employed in a cinema theatre in which five or more workers are employed or were employed on any day of the preceding twelve months.

In case of any dispute regarding breach of the terms and conditions of the agreement, a cine-worker may approach the Conciliation Officer for mediation. The Conciliation Officer will investigate the dispute and all matters affecting the merits and the right settlement and induce the parties to come to a fair and amicable settlement.

8.3. IPR
The IPR issues relating to content for all media segments are very vast and cover a wide range from the rights of content creators to the issue of the difficulty of licensing of content.

The main Intellectual Property Rights legislation related to media sector is the Copyright Act of 1957 and Copyright Rules, 1958 and the International Copyright Order, 1999.

Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.

What is Copyright?
According to Section 14 of the Act, “copyright” means “the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-
(a) in the case of a literary, dramatic or musical work, not being a computer programme, –
(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make an adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme:-
(i) to do any of the acts specified in clause (a);
(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:
Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.

(c) in the case of an artistic work,-
(i) to reproduce the work in any material form including depiction in three dimensions of a two-dimensional work or in two dimensions of a three-dimensional work;
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make an adaptation of the work;
(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) In the case of cinematograph film –
(i) to make a copy of the film, including a photograph of an image forming a part thereof;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the film to the public;
(e) In the case of sound recording, –
(i) to make any other sound recording embodying it;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the sound recording to the public.

Explanation: For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

Classes of works for which copyright protection is available:
Indian Copyright Act affords separate and exclusive copyright protection to the following 7 clauses of work:
1. Original Literary Work
2. Original Dramatic Work
3. Original Musical Work
4. Original Artistic Work
5. Cinematograph Films
6. Sound recording
7. Computer ProgrammeCopyright will not subsist in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work or in any sound recording made in respect of a literary, dramatic or musical work if in making the sound recording, copyright in such work has been infringed.

Ownership of Copyright-
The author of the work will be the first owner of the copyright in the following instances:
i. In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor will, in the absence of any agreement to the contrary, be the first

owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author will be the first owner of the copyright in the work.

ii. In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person will, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

iii. In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer will, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

iv. In the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person will be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered.

v. In the case of a government work, the government in the absence of any agreement to the contrary will be the first owner of the copyright therein.

vi. In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking in the absence of any agreement to the contrary will be the first owner of the copyright therein.

vii. In case of any work which is made or first published by or under the directions or control of an international organization, such international organization will be the first owner of the copyright therein.

The term of copyright-
Copyright generally lasts for a period of sixty years.

In the case of literary, dramatic, musical or artistic works, the sixty year period is counted from the year following the death of the author.

In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and public undertakings and works of international organizations, the 60-year period is counted from the date of publication.

In case of the Broadcast reproduction right – 25 years from the beginning of the calendar year next following the year in which the broadcast is made.

In case of Performers right – 25 years from the beginning of the calendar year next following the year in which the performance is made.

Rights of Broadcasting Organization and of Performers:
Every broadcasting organization will have a special right to be known as ‘broadcast reproduction right’ in respect of its broadcasts. The broadcast reproduction right will subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made. This would prevent any person other than the broadcasting organization from:
i) Re-broadcasting what has already been broadcasted
ii) Causing the broadcast to be seen or heard by the public on payment of charges
iii) Making any sound/visual recording of the broadcast
iv) Making any reproduction of such sound recording or visual recording where such initial recording was done without a license or, where it was licensed, for any purpose not envisaged by such license
v) Selling or hiring or offering to sell or hire sound/visual recordings.

Where any performer appears or engages in any performance, he will have a special right known as the ‘performer’s right’ in relation to such performance. The performer’s right will subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made. These rights are:
i) No person may make a sound/visual recording of the performer’s performances
ii) Reproduce a sound/visual recording
iii) Broadcast the performance
iv) Communicate to the public otherwise than by broadcast
No broadcast reproduction right or performer’s right will be deemed to be infringed by:-
• The making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or
• The use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or
• Such other acts, with any necessary adaptations and modifications, which do not constitute the infringement of copyright under the Act.

Copyright Societies
Collective administration of copyright by societies is a concept where management and protection of copyright in works are undertaken by a society of owners of such works. Obviously, no owner of a copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organizational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works.

Because of the country’s membership in international conventions, the copyright societies are able to have reciprocal agreements with similar societies in other countries for collecting royalties for the uses of Indian works in those countries. From this, it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organization to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licenses for legal exploitation of the works in question, though the collective administrative society.

A copyright society is a registered collective administration society under Section 33 of the Copyright Act, 1957. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licenses in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act. The following are the registered copyright societies in India:
i. For cinematography and television films: Society for Copyright Regulation of Indian Producers for Film and Television (SCRIPT) 135 Continental Building, Dr. A.B. Road, Worli, Mumbai 400 018;
ii. For musical works: The Indian Performing Right Society Limited (IPRS), 208, Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri (W), Mumbai- 400 058 (Website: http://www.iprs.org/);
iii. For sound recording: Phonographic Performance Limited (PPL) Flame Proof Equipment Building, B.39, Off New Link Road, Andheri (West), Mumbai 400 053 (Website: http://www.pplindia.org/);
iv. For reprographic (photocopying) works: Indian Reprographic Rights Organization (IRRO), 18/1-C, Institutional Area, Near JNU Campus, New Delhi – 110067, (Website: http://www.irro.in/)

8.4. Telegraph Act ; Wireless Telegraphy Act
Broadcasting in India is governed by the Indian Telegraph Act, 1885 and by the Indian Wireless Telegraphy Act, 1933.

The Indian Telegraph Act, 1885 gives the Government of India (GOI) exclusive rights for the establishment and working of telegraphy using electromagnetic waves. Governance of broadcasting has its basis in the powers bestowed on the GOI by this Act.

According to the Act, “telegraph” means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electromagnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means. “Radio waves” or “Hertzian waves” means electromagnetic waves of frequencies lower than 3,000 giga-cycles per second propagated in space without artificial guide. Judicial decisions have also held that the term ‘telegraph’ includes the term telephone, television, radio, wireless, mobile and video equipment.

Section 4(1) of the Telegraph Act states that the Central Government has the exclusive privilege of establishing, maintaining, and working telegraphs within India. Section 5(1) of the Telegraph Act authorizes the Central Government to take temporary possession of a telegraph in cases involving public emergencies or public safety. Section 5 (2) enables the government to lawfully intercept telegraph messages on certain grounds. These include India’s sovereignty and integrity, state security, friendly relations with foreign states, public order, and preventing the commission of an offense. Section 8 of the Telegraph Act empowers the government to revoke a telegraph license for breach of any terms and conditions or for a default in making license-fee payments.

Broadcasting means “the dissemination of any form of communication like signs, signals, writing, pictures, images, and sounds of all kinds, by transmission of electromagnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly.

To offer most forms of broadcasting, a broadcaster must have two licenses: 1) a general license from the MIB to offer telegraph services (under the Telegraph Act), and 2) a wireless operating license from the Wireless Planning and Communication (WPC) Wing of the Department of Telecom, (under the Wireless Telegraphy Act).

Most radio and television services are also regulated by the Indian Wireless Telegraphy Act (No 17 of 1933), as they constitute ‘wireless communications’. Section 2(2) and Section 3 regulate wireless communication by requiring users of various types of wireless equipment to obtain wireless licenses for possessing and using the equipment. These licenses are granted by the WPC (Wireless Planning & Coordination Authority) Wing of the Department of Telecommunications (DoT).

Therefore, to offer most kinds of broadcasting services, a broadcasting company must obtain two types of licenses:
• A Grant of Permission (GOPA) to offer broadcast services issued by the Ministry of Information and Broadcasting under the Telegraph Act, 1885.

• A wireless operating license from the WPC (Wireless Planning & Coordination Authority) Wing of the Ministry of Communication and Information Technology under the Wireless Telegraphy Act, 1933.

9. AUTHORITIES REGULATING THE MEDIA INDUSTRY
i) Ministry of Information and Broadcasting – Government Of India http://www.mib.nic.in/default.aspx
The Ministry of Information & Broadcasting, through the mass communication media consisting of radio, television, films, the press, publications, advertising and traditional mode of dance and drama plays a significant part in helping the people to have access to free flow of information. It also caters to the dissemination of knowledge and entertainment to all sections of society, striking a careful balance between public interest and commercial needs, in its delivery of services. Ministry of Information & Broadcasting is the apex body for formulation and administration of the rules and regulations and laws relating to information, broadcasting, the press and films. This Ministry is responsible for international co-operation in the field of mass media, films and broadcasting and interacts with its foreign counterparts on behalf of Government of India. The mandate of the Ministry of Information & Broadcasting is:
• News Services through All India Radio (AIR) and Doordarshan (DD) for the people
• Development of broadcasting and television.

• Import and export of films.

• Development and promotion of film industry.

• The organization of film festivals and cultural exchanges for the purpose.

• Advertisement and visual publicity on behalf of the Government of India.

• Handling of press relations to present the policies of Government of India and to get feedback on the Govt. policies.

• Administration of the Press and Registration of Books Act, 1867 in respect of newspapers.

• Dissemination of information about India within and outside the country through publications on matters of national importance.

• Research, Reference, and Training to assist the media units of the Ministry to meet their responsibilities.

• Use of interpersonal communication and traditional folk art forms for information/ publicity campaigns on public interest issues.

• International co-operation in the field of information & mass media.

The following comes under the purview of the Ministry of Information and Broadcasting –
1) Broadcasting policy and administration
2) Cable television policy
3) Radio
4) Doordarshan5) Films
6) Advertising and visual publicity
7) Press
8) Publications
9) Research and reference
10) Various subordinate, autonomous organisations, public sector undertakings
ii) Press Information Bureau:
The Press Information Bureau (PIB) is the nodal agency of the Government to disseminate information to the print and electronic media on government policies, programmes, initiatives, and achievements. It functions as an interface between the Government and the media and also provides feedback to the Government on people’s reaction as reflected in the media.

PIB has its Headquarters in New Delhi. It is headed by the Principal Director General (Media ; Communication) who is assisted by a Director General and eight Additional Director Generals. Besides, the Bureau has Officers in the ranks of Director, Joint Director, Dy. Director, Assistant Director and Media ; Communication Officer who are attached with different Ministries in order of their rank and Ministry’s size, importance and sensitivity.

PIB has a dedicated unit for the publicity and media support to the Prime Minister’s Office (PMO). The unit functions on a 24X7 basis and compiles media reports on all days including holidays for PMO and Cabinet Secretariat.

iii) Directorate of Advertising ; Visual Publicity:
The Directorate of Advertising and Visual Publicity (DAVP), established in 1955, is the nodal multi-media advertising agency of the Government of India. Over the past 56 years, it has been catering to the communication needs of almost all central Ministries/Departments, autonomous bodies and PSUs by providing them single-window cost-effective service. It informs and educates the people, both rural and urban, about the government’s policies and programmes and motivates them to participate in developmental activities, through its various vehicles of communication, viz, Print media advertising, Audio Visual advertising, printed publicity, exhibitions, outdoor publicity and mass mailing.

The DAVP is headed by Director General who is assisted by 2 Additional Director Generals and other officials. At it’s headquartered it consists of a Campaign Wing. Advertising Wing, Printed Publicity Wing, Exhibition Wing, Electronic Data Processing Center, Mass Mailing Unit, Audio-Visual Cell, a Design Studio and Administration and Accounts Wings.

iv) Registrar of Newspapers for India:
The Office of the Registrar of Newspapers for India, more popularly known as RNI came into being on 1st July 1956, on the recommendation of the First Press Commission in 1953 and by amending the Press and Registration of Books Act 1867. The Press and Registration of Books Act contain the duties and functions of the RBI. On account of some more responsibilities entrusted upon RNI during all these years, the office is performing both statutory as well as some non-statutory functions. Some of the functions are –
• Compilation and maintenance of a Register of Newspapers containing particulars about all the newspapers published.

• The issue of Certificate of Registration to the newspapers published under valid declaration;
• Scrutiny and analysis of annual statements sent by the publishers of newspapers every year under Section 19-D of the Press and Registration of Books Act containing information on circulation, ownership etc;
• Informing the District Magistrates about the availability of titles, to intending publishers for filing declaration;
• Ensuring that newspapers are published in accordance with the provisions of the Press and Registration of Books Act 1867 and the Rules made thereunder.

• Verification under Section 19-F of the PRB Act, of circulation claims furnished by the publishers in their Annual Statements; and
• Preparation and submission to the Government on or before 31st December each year, a report containing all available information and statistics about the press in India with particular reference to the emerging trends in circulation and in the direction of common ownership units etc.

• Formulation of Newsprint Allocation Policy – Guidelines and issue of Eligibility Certificate to the newspapers to enable them to import newsprint and to procure indigenous newsprint.

• Assessing and certifying the essential need and requirement of newspaper establishments to import printing and composing machinery and allied materials.

v) Directorate of Field Publicity:
Directorate of Field Publicity with its headquarters in New Delhi is the largest rural oriented interpersonal communication medium in the country. It operates as a two-way channel for dissemination of information among masses and gathering feedback for the Government. It acts as a bridge between the people and the Government. Established in 1953 as ‘Five Year Plan Publicity Organization’ with the sole objective of publicity of Five Year Plans, the Directorate assumed its present format and role in 1959 with its publicity scope widened and made all inclusive. Over the years, its areas of operation as also its aims and objectives have been diversified. Briefly, they are:- (a) to inform, educate, motivate and involve the people, especially at the grass root level, in the process of development so that the vision of the framers of the Constitution as outlined in its preamble is realized. (b) to generate public opinion for the implementation of developmental programmes and mobilize popular participation in the process of nation-building. (c) to keep the public, especially the weaker, the marginalized and the remotely placed people informed about the policies and the programme of the Government and generate awareness on several national and social issues of relevance. (d) to keep the Government informed of the people’s reactions to its programmes and policies and their implementation at the field level thereby facilitating corrective measures as and when required.

vi) Press Council of India:
Press Council is a statutory quasi-judicial authority mandated by the Parliament to preserve the freedom of the press and maintain and improve the standards of newspapers and the news agencies in India. It is an autonomous body with equal quasi-judicial authority over the authorities and the presspersons.

The Council discharges its functions primarily through adjudications on complaint cases received by it, either against the Press for violation of journalistic ethics or by the Press for interference with its freedom. Where the Council is satisfied, after inquiry, that a newspaper or a news agency has offended against the standards of journalistic ethics or public taste or that an editor or working journalist has committed any professional misconduct, the Council may warn, admonish or censure them or disapprove of their conduct. The Council is also empowered to make such observations as it may think in respect of the conduct of any authority, including Government, for interfering with the freedom of the press. The decisions of the Council are final and cannot be questioned in any court of law.

The Press Council of India has been entrusted by the Parliament with the additional responsibility of functioning as an Appellate Authority under Section 8 (c) under the PRB Act 1867 and the Appellate Board comprising of the Chairman of the Council and another member meet regularly to hear the Appeals before it.

vii) Film Certification Appellate Tribunal
The Film Certification Appellate Tribunal (FCAT) is a statutory body, constituted vide Section 5D of the Cinematograph Act, 1952 under the Ministry of Information and Broadcasting, Government of India. The Tribunal hears the appeals filed under Section 5C of the Act under which any applicant for a Certificate in respect of a film who is aggrieved by an order of the Central Board of Film Certification (CBFC), can file an Appeal before the Tribunal. The Tribunal has its headquarters in New Delhi. The Tribunal has a Secretary to look after its day to day affairs.

viii) Central Board of Film certification:
Central Board of Film Certification (CBFC) with its headquarters at Mumbai is responsible for certifying the films produced in India as well as outside the country suitable for public exhibition. The Board gives four categories of certificates “U” for an unrestricted public exhibition, “A” for public exhibition restricted to adults only, “UA” for unrestricted public exhibition with parental guidance for children below the age of 12 and “S” for exhibition to a restricted audience such as doctors etc. These certificates are issued through the Regional Offices of the Board located at Bangalore, Calcutta, Chennai, Cuttack, Guwahati, Hyderabad, Mumbai, New Delhi and Thiruvananthapuram. Appeal against the decision of the Board lies with the Film Certification Appellate Tribunal. The enforcement of the penal provisions of the Cinematograph Act, 1952 is with the State Governments/Union Territory Administrations, since exhibition of films is a State subject.

ix) The Advertising Standards Council of India:
The Advertising Standards Council of India (ASCI) is a self-regulatory voluntary organization of the advertising industry. It was set up in October 1985. The ASCI and its Consumer Complaints Council deal with complaints received from consumers and industry, against Ads which are considered as False, Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and consequently in contravention of the ASCI Code for Self-Regulation in Advertising. The representatives of Indian Society of Advertisers, the Advertising Agencies Association of India and the Indian Newspapers Society have set up the Council to self-regulate the content of advertisements. The Code of the Council for Self-Regulation in Advertising specifies that all advertising should be truthful, honest, decent, legal and safe for consumers particularly minors, and fair to the competition.

x) Copyright Board:
The Copyright Board, a quasi-judicial body, was constituted in September 1958. The jurisdiction of the Copyright Board extends to the whole of India. The Board is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of Licenses in respect of works withheld from the public, unpublished Indian works, production, and publication of translations and works for certain specified purposes. It also hears cases in other miscellaneous matters instituted before it under the Copyright Act, 1957. The meetings of the Board are held in five different zones of the country. This facilitates administration of justice to authors, creators and owners of intellectual property including IP attorney are near their place of location or occupation.

xi) Telecom Regulatory Authority of India:
The entry of private service providers brought with it the inevitable need for independent regulation. The Telecom Regulatory Authority of India (TRAI) was, thus, established with effect from 20th February 1997 by an Act of Parliament, called the Telecom Regulatory Authority of India Act, 1997, to regulate telecom services, including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government. TRAI’s mission is to create and nurture conditions for growth of telecommunications in the country in a manner and at a pace which will enable India to play a leading role in emerging global information society.

One of the main objectives of TRAI is to provide a fair and transparent policy environment which promotes a level playing field and facilitates fair competition.

CENSORSHIP IN INDIA: A CRITICAL ANALYSIS
Internet censorship in India is on the rise-
India is becoming increasingly trigger-happy when it comes to preventing people accessing the internet.

The nation has shut down the internet in various regions 20 times in the first five months of this year, according to a report from Human Rights Watch. Four of those blackouts have taken place this month, all in states where violent protests took place.

That represents a dramatic uptick from last year, when 31 shutdowns were recorded in total, and an even greater increase since 2012 — which saw only three shutdowns.

The Indian government did not respond to a request for comment on the report, but has argued in the past that restricting access is sometimes necessary to prevent social media rumors from fueling violence.

The disputed and conflict-ridden region of Kashmir, for example, has seen 33 shutdowns in five years.

“The lack of transparency and failure to explain these shutdowns only furthers the perception that they are meant to suppress nonviolent reporting and criticism of the government,” said Meenakshi Ganguly, South Asia director for Human Rights Watch.

While the Indian government doesn’t have its own internet-blocking apparatus like China’s “Great Firewall,” it can order service providers to go offline. That power stems from a law written in 1973, which allows the government to impose various restrictions on the public to prevent everything from riots to “obstruction, annoyance or injury.”
India, which is often referred to as the world’s largest democracy, has been called out for online censorship before.

A 2016 survey of internet freedom in 65 countries by U.S.-based think tank Freedom House gave India a score of 41. China, with a score of 88, came last. Estonia performed best with a score of 6.

In another report by the Brookings Institution last year, India tied for first place with Iraq for the highest number of internet shutdowns among 19 countries (including Saudi Arabia, Pakistan, Syria and North Korea).

Facebook also ranks the Indian government among the top countries asking it to censor content. The social media giant said in its latest Government Requests Report that India ordered 719 pieces of content to be restricted, lower only than Brazil, Turkey and Germany.

India topped Facebook’s list for two straight years up to June 2015.

India’s 65-year battle against film censorship: What needs to happen for it to end-
While the replacement of the country’s film certification board chairman is a step in the right direction, there’s still work to be done.

Movies lovers in India and advocates of artistic freedom everywhere breathed a sigh of relief on August 18, when filmmaker Pahlaj Nihalani — the censorious chairman of the country’s film certification body — was fired from his post. He was quickly replaced by screenwriter and advertising icon Prasoon Joshi. Nihalani’s firing signals a positive direction for the country’s relationship to censorship — but the chain of events has opened up several thorny questions.

India is the world’s most prolific filmmaking country, but movie news coming out of the subcontinent is often fraught with tales of censorship, bans and the public outrage as a result. According to the Indian Constitution, no film is eligible for public distribution or screening unless certified by the Central Board of Film Certification (CBFC). To complicate matters further, the relevant Act in the Constitution (which hails from 1952) allows the CBFC to prohibit films that threaten the sovereignty of the Indian nation, its national interest, decency or morality. Over the years, members of the board have utilized the vague language in the Constitution’s text to get scissor-happy with countless films.

For example, India employs the controversial practice of adding on-screen disclaimers to any smoking scene that are intrusive at best, overwhelming at worst. This found no favor with Woody Allen, who back in 2013 decided not to release “Blue Jasmine” in India rather than cave in to such demands. This trend only worsened when Nihalani was appointed to the chairperson’s post in 2015.

Within a month of joining the body, Nihalani sent his colleagues a list of “objectionable” words that were to be censored in any film submitted for approval. The list included words such as “masturbating” and Bombay, the colonial name for Mumbai. It was a lost cause: Filmmakers across the country and some members of the CBFC itself lodged vehement protests that blocked Nihalani’s efforts. However, ad hoc decisions were still made with various films; the word “lesbian” was muted in a romantic comedy and the duration of the kisses in the Bond film “Spectre” was ordered to be cut down by exactly 50%.

During his term, Nihalani never shied away from the limelight and often spoke at length about the rationale of his decisions. The colorful nature of his statements only added to his infamy. When asked in an interview why the kisses in “Spectre” were a problem at their intended length, he responded, “This means you want to do sex in your house with your door open. And show to people the way you are doing sex.”
Perhaps the most well-known decision of Nihalani’s term as CBFC chairperson was the body’s refusal to grant approval to feminist sex comedy “Lipstick Under My Burkha.” In their letter to the film’s producer, they claimed that “the story is lady-oriented, their fantasy above life” and that “there are contanious sic sexual scenes.” (Whether they meant “continuous” or “contagious” has never been addressed.) The letter and CBFC’s antics attracted worldwide attention, the criticism of artists and film festivals; in a beautiful example of the Streisand Effect, not only did “Lipstick Under My Burkha” eventually win certification but also punched above its weight at the box-office.

Joshi, the new chairperson, seems far more progressive and less trigger-happy in his public statements. As a lyricist, he has twice won the National Film Award, the highest such honor in India. In 2003, a campaign he orchestrated for Coca-Cola India won the Golden Lion at the Cannes International Advertising Festival. In past interviews, he has expressed a refreshing open-mindedness. (One example: “I believe that ideally we should have a society where no censorship is required.”) He is also generally admired in India’s film industry, where professionals respect his talent and experience.

However, Joshi’s proximity to the Bharatiya Janata Party (BJP) — the biggest part of India’s ruling coalition — ought to raise a few eyebrows. He has frequently worked on their political campaigns. For the BJP’s campaign for the 2014 general elections, Joshi helped with the iconic “Acche Din” (Good times!) catchphrase, a message as integral to the BJP’s positioning as “Make America Great Again” was to Donald Trump’s Presidential campaign. Coincidentally, once the BJP formed the government at the center, Joshi was awarded the Padma Shri, India’s fourth-highest civilian honor, for his “contributions in the field of arts, literature, and advertising.”
Speaking with reporters in Mumbai after his appointment was made public, Joshi revealed that he did not “know how the CBFC functions” and that it takes time to understand the “whole process.” The credentials required to head a certification body are not amenable to bullet points, but Joshi’s statements make one wonder on what basis the government considers someone worthy of being appointed to the powerful post overlooking the distribution of every single film in the country. Among Joshi’s colleagues in the Board are several individuals with links to the BJP, some of whom have made inflammatory and partisan statements in the past.

In an ideal world, the CBFC would stick to its original mandate: certifying films in order to help them reach their audiences. There would be no need for filmmakers to fear cuts to their labor of love or for producers to be anxious about their release dates. Removing Nihalani is a step in the right direction, but a lot more remains to be done.

Why Press Freedom Is On The Decline In India-
The current state of media regulation has a lot to do with it.

The Indian media is often criticized for its deteriorating reporting standards, jaundiced coverage of politics and regurgitation of online trends as prime time news. The 2017 World Press Freedom Index by Reporters Without Borders ranks India at 136 out of 180 countries. A rank as dismal as 136, can only be a blot on the largest democracy in the world. One wishes that the government showed as much sincerity in improving India’s ranking on the Press Freedom Index as they do towards the World Bank’s Doing Business Rankings.

Even as there is no outright censorship or governmental interference with press freedom, self-censorship imposes a legitimate threat to the plurality of views in the national discourse. Laws should exist not only to protect the space for the media to act independently but also to guard against the co-option of the media by the executive.

‘In large part the threat to the Indian media’s ability to preserve the plurality of views is due to a flawed regulatory architecture that does little to protect press freedom…’
The Press Council of India’s report on “Safety of Journalists” states that 80 journalists have been killed in India since 1990, with conviction in only one case so far. This only shows that indifference towards press freedom runs across the political spectrum.

In large part, the threat to the Indian media’s ability to preserve the plurality of views is due to a flawed regulatory architecture that does little to protect press freedom and more to silence it. In what follows we look at the regulation and laws that govern the Indian media and what needs to change in order to strengthen press freedom.

Criminal defamation:
Criminal defamation, as defined under Section 499 of the Indian Penal Code, permits any person who has suffered damage in reputation on an action of others to sue for defamation. The Essar Group, a multi-business conglomerate filed a defamation suit for ?250 crores against Caravan, a magazine known for its investigative journalism, when it published a 14,000-word article that made a number of allegations of corrupt practices by the company. While Caravan has decided to contest the case in courts, such threats may discourage other media organizations to investigate stories around wrongdoing by big companies or individuals. Politicians are not far behind; former Tamil Nadu Chief Minister J Jayalalithaa filed 213 defamation cases against her opponents and media outlets for making “derogatory” remarks about her.

The law was enacted in 1860 and has witnessed few changes since. Tathagata Satpathy, a Member of Parliament is leading a campaign to make the defamation laws more progressive. According to him it is “a lack of clarity that often leads to misuse of defamation laws by using them as a harassment tool. The ultimate result is that this restricts speech.”
Media regulators without power-
The Press Council of India was established in 1966 as a statutory body with quasi-judicial powers to act as a watchdog for the print media. Media regulation in India hinges around the idea of self-regulation. However, the rapid growth in the number of media organizations in print, online and television sectors, along with increasing commercial pressures have meant that objectivity in reporting has suffered significantly. The lack of punitive power means that the Press Council “cannot levy fines or order the withdrawal of advertisements by government agencies, leave alone place errant journalists behind bars.” Hence PCI is rendered ineffective in placing any cost on those violating journalistic ethics.

‘The two self-regulating media bodies are at best, toothless tigers.’
In the case of television news, the News Broadcasting Standards Authority (NBSA) looks into violation of the code of ethics laid out by the News Broadcasters Association (NBA). However, the problem with this self-regulatory body is that its membership is voluntary and “out of 135 news channels in the country, only 28 news broadcasters owning 57 news channels are members of the NBA.” A large number of television news channels continue to be beyond the ambit of any regulation by virtue of not being part of NBA.

In such a scenario, the two self-regulating media bodies are at best, toothless tigers.

No law for the protection of sources-
The protection of the identity of sources used by the journalists is an important element in how they unearth the truth. However, in India, there are no statutory rights accorded to journalists to protect their sources. In fact, in a court of law, a journalist may be held in contempt of court for not disclosing her sources. This makes uncovering the truth tenuous. The law makes speaking the truth a risky choice between future harassment by those being exposed and putting up with injustice and wrongdoing in society.

Should there be limits on media ownership?
News media ownership needs to be examined from the angle of press plurality. At present there are no regulations that impose limits oni) cross-media ownership,
ii) investment in news media by non-media organizations or
iii) news media organizations diversifying into non-media businesses. In fact, the Competition Commission of India that regulates markets to ensure that they remain competitive is blind to need for “plurality of views” in the media when it ratifies mergers. It is argued “that the media cannot, and should not, be bracketed with general commodities and services. The market for ideas is very different from that for, say, shoes or biscuits.”
In the interest of democracy it is essential that the exchange of ideas take place in an uninhibited manner where all citizens can access information free of bias and prejudice.

Proponents of free markets continue to argue that the government should not interfere in the market and let the media self-regulate. This principle engenders from Justice Holmes J.’s dissent in Abrams v. the United States in 1919, which laid the foundation of a marketplace of ideas theory. In his dissent note, he upheld that “the best test of truth is the power of the thought to get itself accepted in the competition of the market”. However, the marketplace of ideas can also suffer from market failure as it has in the case of the media by its failure to provide unbiased news. In the interest of democracy, it is essential that the exchange of ideas take place in an uninhibited manner where all citizens can access information free of bias and prejudice.

The Telecom Regulatory Authority of India (TRAI) has made significant recommendations with regard to media ownership, determination of market share and market power of media organisations with the idea of preserving the plurality of views. In the case of cross media ownership, TRAI recommends that relevant markets should be defined as per the language which is spoken by the majority of the people in the state. For instance, in West Bengal where Bengali is the main language, the same entity should not be allowed to enter both print and television in the interest of the plurality of views. However, a Bengali newspaper owner could be allowed to operate an Oriya TV channel in the state of Odisha. Recommendations by TRAI, however, need to be updated to incorporate online news consumption along with the traditional print and television media.

These measures along with ownership and investment structure disclosure norms that go beyond what is stipulated by the Companies Act would help in meeting the higher transparency standards required for the news media sector.

The debate around the media needs to seriously look at various facets of regulation that hinder its freedom. As a public good, the news media has an important role in our democracy. We must not let poor regulation fail it.

Censorship in India, the truth-
“Censorship is when a work of art expressing an idea which does not fall under the current convention is seized, cut up, withdrawn, impounded, ignored, maligned, or otherwise made inaccessible to its audience.”
— Ritu Menon, for Women’s World Organisation for Rights,
Literature, and Development
The suppression or control of ideas, public communication, and information circulated within a society is termed as censorship. The freedom of speech guaranteed by the Constitution of India can be suppressed if it is considered objectionable, harmful, or necessary to maintain communal harmony. Governments across the globe have used religious arguments as well as other powerful techniques and arguments to support their censorship efforts. Offensive communication in the eyes of the government varies from country to country, religion to religion, even sect to sect. Many governments provide for certain limited protection against censorship. It is always necessary to balance conflicting rights in order to determine what can and cannot be censored.

A classic example of censorship in India is the Central Board of Film Certification or Censor Board, which comes under the purview of Ministry of Information and Broadcasting. The Board regularly orders, directors to remove anything it deems offensive or subjects considered to be politically subversive. The censorship of films is governed by the Cinematograph Act, 1952. It assigns certification as Universal, Adults, and Parental Guidance to films in India before a public exhibition.

Around the world, the utmost concern of sensors is the depiction of violence and sex. The censor board’s job is to control the “corruption of the mind’ and to stop pornographic films. But on the other hand, it is ironical that anyone with internet access can see endless amounts of pornography. Today a child with access to the internet can see all kinds of pornography by typing three letters “sex”, while the censor board has long discussions on the permissible duration of a kissing scene in a movie. I am not saying that we should legalize pornography, but in today’s age, the censor board has to understand that this generation exercises their right to freedom of speech and expression.

There was a huge controversy with regards to the kissing scene in Dhoom 2 which ended in people burning its movie posters and obstructing people from entering the cinema halls to watch the film. Vishwaroopam, a Tamil film was blocked by the Tamil Nadu government after a protest from the Muslim Community. The director was forced to delete some important scenes from the movie before releasing the same. The Vishwa Hindu Parishad protested against the women modeling dresses bearing images of Hindu Gods, a Fatwa was brought against all girls rock band saying it was Un-Islamic. Therefore, on observing the above incidents it seems that it’s not actually the government censoring but rather the self-employed moral police doing the job.

Aseem Trivedi, Indian political cartoonist, and activist had been sent to jail on the grounds of sedition for publishing a series of cartoons highlighting corruption in India. He was later freed under a wave of protest.

The Constitution of India guarantees freedom of speech and expression with certain restrictions such as that of morality, decency, public order etc. Further, the Indian Penal Code allows cramping free speech on grounds of outraging religious feelings, making statements creating or promoting enmity, hatred or ill-will between classes on grounds of religion, caste, language or race. The Information Act, 2000 aims to punish people who send offensive messages online but is often used to target dissident and even posts on social media.

These laws are so broadly classified that cases can be impossible to quash, because it is difficult for a judge to take the view that some of the speech does not promote hatred between groups. There is no chance that these laws can be struck of the legislations. Politically, nobody will do it, because we have such a huge vacuum of leadership that nobody has the guts to step up and suggest such changes.
In conclusion, it can be said that, if the government has certified that a particular movie is for adults only, even then the scenes are deleted. This happens especially so in foreign movies which are released in India. The word “fuck”, which may have varied meaning, is effectively scrubbed out of a film and its subtitles. Newspapers carry revealing pictures of actresses and print adult jokes which can be read by children pretty easily. Ironically the Board makes sure that the kissing scene is deleted from a particular movie. How could it be constitutional to prevent the free broadcast of news over the radio, for instance, or to prohibit speech online that causes ‘annoyance’? Not only speech restricting laws not being struck off, but more such laws are being added to the statutes all the time.

Then on reflection what is the difference between India and China. China being a Communist country, there are really strict laws for public speaking and speeches and it is impossible to speak anything against the government. The same thing is happening in India. Article 19(1)(a) should be struck off because there is no freedom of speech and expression left in our country. Democracy is going to dogs. People cannot speak out their minds. There are communalism and dictatorship. But cases like Akbaruddin Owaisi’s hate speech against the Hindu sect harmed the religious sentiments of many. This is one example of misuse of this freedom of speech and expression under the Indian Constitution.

It seems that censorship can be a weapon in the hands of the State to make people agree with its ideology. Often the Censor Board functions to impose the State’s notion of Indianness and nationhood. The reach and power of films in India are massive. If a director wants to show the reality, he has to put it in a movie and then what happens, the censor board removes it. The Dirty Picture and other ‘A’ films, according to the Broadcasting Content Complaints Council (BCCC), can be screened on television without cuts after 11 pm. The BCCC suggested some sort of a coordination mechanism between the Central Board of Film Certification and the TV regulatory body for the certification of films for TV viewing. By this does it mean that the T.V is meant for children and not adults? Now is the time to look into the role that can be played by healthy criticism, analysis, and cinema literacy, rather than relying on a Censor Board that acts as a moral police, stopping the dissent.
CASE LAWS
i) Sakal Papers Ltd. v. Union of India
In this case, the Daily Newspapers (Price and Control) Order, 1960, which fixed a minimum price and number of pages, which a newspaper is entitled to publish, was challenged as unconstitutional. The State justified the law as a reasonable restriction on a business activity of a citizen. The Supreme Court struck down the Order rejecting the State’s argument. The Court opined that the right of freedom of speech and expression couldn’t be taken away with the object of placing restrictions on the business activity of the citizens. Freedom of speech can be restricted only on the grounds mentioned in clause (2) of Article 19.

ii) Bennet Coleman and Co. v. Union of India21
In this case, the validity of the Newsprint Control Order was challenged. The Order fixed the maximum number of pages which a newspaper could publish, and this was said to be violative of Article 19(1) (a) of the Indian Constitution. The government raised the contention that fixing the newsprint would help in the growth of small newspapers as well as prevent monopoly in the trade. It also justified its order of reduction of page level on the ground that big dailies devote a very high percentage of space to advertisements, and therefore, the cut in pages will not affect them. The Court held the newsprint policy to be an unreasonable restriction and observed that the policy abridged the petitioner’s right of freedom of speech and expression. The Court also held that the fixation of page limit will have a twofold effect- first, it will deprive the petitioners of their economic viability, and second, it will restrict the freedom of expression as compulsorily reducing the page limit will lead to a reduction of circulation and area of coverage for news and views.

iii) K. A. Abbas v. Union of India
The petitioner for the first time challenged the validity of censorship as violative of his fundamental right of speech and expression. The Supreme Court however observed that, pre-censorship of films under the Cinematograph Act was justified under Article 19(2) on the ground that films have to be treated separately from other forms of art and expression because a motion picture was able to stir up emotions more deeply and thus, classification of films between two categories ‘A’ (for adults only) and ‘U’ (for all) was brought about.

iv) Bobby Art International v. Om Pal Singh HoonThe Supreme Court re-affirmed the afore-mentioned view and upheld the order of the Appellate Tribunal (under the Cinematograph Act) which had followed the Guidelines under the Cinematograph Act and granted an ‘A’ certificate to a film.

iv) Hamdard Dawakhana v. Union of India
The Supreme Court was faced with the question as to whether the Drug and Magic Remedies Act, which put restrictions on the advertisements of drugs in certain cases and prohibited advertisements of drugs having magic qualities for curing diseases, was valid as it curbed the freedom of speech and expression of a person by imposing restrictions on advertisements. The Supreme Court held that an advertisement is no doubt a form of speech and expression but every advertisement is not a matter dealing with the expression of ideas and hence advertisement of a commercial nature cannot fall within the concept of Article 19(1)(a).

iv) Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd.

A three judge bench of the Supreme Court differed from the view expressed in the Dawakhana case and held that ‘commercial advertisement’ was definitely a part of Article 19(1)(a) as it aimed at the dissemination of information regarding the product. The Court, however, made it clear that the government could regulate commercial advertisements, which are deceptive, unfair, misleading and untruthful.

v) Udta Punjab case (8)
Written and directed by Abhishek Chaubey, Udta Punjab is a Hindi feature film co-produced by Anurag Kashyap’s Phantom Films and Ekta Kapoor’s Balaji Motion Pictures. The film is based on the theme of drug addiction and related menace in the State of Punjab. The film hit the headlines and was center of controversy after the CBFC asked for numerous cuts, which led to an ugly war of words between the producers and the chairperson of CBFC.

The producers of Udta Punjab, Petitioners in the case, applied to CBFC for film certification on 10th May 2016 asking for “A” Certificate along with a notification that the film is scheduled to release on 17th June 2016. CBFC reviewed the film and informed the producers on 24th May 2016 that it was referred to the revising committee. The revising committee of CBFC reviewed the film on 3rd June 2016 and sent a letter to the Petitioners on 8th June 2016. In its communication, CBFC asked the Petitioners to make thirteen excisions in order to certify the film for public exhibition.

CUTS ADVISED BY CBFC:
1. Delete sign Board of Punjab in the beginning;
2. Delete Punjab, Jalandhar, Chandigarh, Amritsar, Tarantaran, Jashanpura, Ambesaw, Ludhiana and Moga from background and dialogue wherever it occurs.;
3. From song number 1 delete the word ‘Chittave’ and ‘Harami’ everywhere;
4. From song number 2 delete ‘Tom di cock jevhe chitti chitti cock’ and ‘coke cock’ in the entire song;
5. Delete Behenchod, Behenchodo, Bund, Tatte, Gandia, Gandu, Lauda, Haramzadi, matherchod, chusa hua aam, kulti, maiyove, kudi chode, lulli, gashti from everywhere including background wherever it occurs; Reg.

6. Delete the word ‘Election’, ‘MP’, ‘Party’ from party worker, MLA, Punjab, Parliament;
7. From the song no. 3, delete the visuals of scratching/itching side portion by Sardar;
8. Delete the close-up shots of injecting drugs wherever it appears;
9. Delete the shot of urinating by Tommy in front of the crowd;
10. Delete the line ‘jamin Banzar te Aulad Kanjar’;
11. Delete the name of the dog as ‘Jacky Chain’;
12. The first disclaimer should be audio/video and to be changed as –’The film focuses on the rising menace of drugs and the war against drugs and is an attempt to show the ill-effects of drugs on today’s youth and the social fabric. We acknowledge the battle against drugs being fought by the Government and police. But this battle cannot be won unless the people of India unite against the menace.’; and
13. Increase the second disclaimer of fiction according to audio/video.

The producers challenged the CBFC’s decision by filing a writ petition before the Bombay High Court, which in part alleged that the decision of CBFC violates the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Bombay High Court reviewed the script of the film minutely but did not watch the film to arrive at its conclusion. The Court deemed watching the film unnecessary in the context of the cuts proposed by CBFC.

After a comprehensive review and analysis of each cut required by CBFC, the Court approved only excision 9, which shows the protagonist urinating in public. On request of the parties, the Court reviewed the disclaimer and asked for the removal of reference to India in it. The Court disagreed with the CBFC on all cuts except one. It stated that the excisions proposed by the CBFC were not required in the light of the context and theme of the film and that CBFC’s conclusion with respect to the detriment to decency, sovereignty, integrity, and morality were misplaced. Contrary to CBFC’s opinion, the Court did not feel the need to cut out cuss and abusive words, slang, scenes showing drug use, use of place and state names, references to election and politicians, and other scenes.

vi) Had Anhad case (9)
This case relates to four documentary films conceived by Shabnam Virmani, a popular documentary film maker in India. The films were produced by the petitioner, Srishti School of Art, Design & Technology, and are based on the legacy and teachings of the great poet and philosopher, Kabir, who lived in the 15th Century. The documentary films put together the journeys and experiences in search of Kabir in the contemporary.

Out of the four films produced, the CBFC approved three of them without any excisions, but mandated cuts with respect to the fourth film. The producer appealed to the Film Certification Appellate Tribunal, which upheld three of the four excisions mandated by CBFC. Aggrieved, the producer approached the Delhi High Court through a writ petition and challenged the validity of the cuts.

Cuts mandated by the Board and confirmed by the Appellate Tribunal:
1. Use of the phrase “Militant Ram.” For example, “Maybe turning to Kabir was a turning away from Ram…that militant Ram used to stoke Hindu- Muslim hatred in India today.”;
2. Discussion about the Babri masjid demolition by showing video compact discs of such demolition; and
3. Words contemptuous of the muslim community, expressed by people in conversation in a bus while returning from Wagah border.

After watching the documentary film, the Delhi High Court rejected all three cuts and asked the CBFC to issue a “U” certificate for universal viewing. Dealing with each cut independently, the Court pointed out that the film, when seen as a whole, does not warrant any cut as excising the film would violate the petitioner’s right to freedom of speech and expression. The film is based on the theme of the life of the great poet Kabir, who defied religious differences and wrote poems about his ‘Ram,’ who was beyond any religion. The film tries to raise questions about Kabir’s Ram and provokes thought about social, religious and communal issues. When seen in the context of the theme, the Court pointed out that excising the film would curb expression unreasonably. The Court disagreed with the CBFC ‘s opinion and held that any cut to the film would dilute and violate freedom of speech and expression.

vii) Lipstick Under My Burkha case (10)
This case has already sparked off a debate about the role of CBFC, and will in all probability land up in the Court in due course. Several newspapers reported on 23rd February 2016 that CBFC refused to issue a certificate for public exhibition of the film Lipstick under my Burkah. The film chronicles secret lives of four women, who try to explore freedom from different perspectives. The film won the OXFAM best film on gender equality at the Mumbai Film Festival and also won the Spirit of Asia award at the Tokyo International Film Festival. CBFC issued the notice of refusal on 25th February 2017.

REASONS FOR REFUSAL-
In the words of the Board, the film was refused certification for the following reasons:
“The story is lady oriented their fantasy above life. There are continuous sexual scenes, abusive words, audio pornography and a bit sensitive touch about one particular section of society. Hence film refused under guidelines 1(a), 2(vii), 2(ix), 2(x), 2(xii) and 3(i). ”
The one paragraph rejection to certify the entire film by the CBFC is conclusive and devoid of any reasoning about how and why it arrived at the said conclusion. The least a producer deserves when a decision to deprive an important right such as free speech and expression is a justification and explanation of why and how the CBFC arrived at the conclusion, and how it fits into the permissible restrictions. The notice of the CBFC confirms the subjective use of discretion and illustrates the inadequacies in the current system under the Cinematograph Act.

The CBFC certifies numerous films, and most of them pass through without much trouble, and only a few of its decisions are disputed. In a system based on not so clear principles, which are subject to differences in opinion, one or two errors are bound to occur. But, the question is not about perfecting the system, but whether a subjective mechanism driven by individualistic opinions and machinations can be allowed to abrogate an important fundamental right? Two committees have been constituted by the Central Government during the last five years to address this question among others and make appropriate recommendations.

8Phantom Films Pvt. Ltd. and Ors. vs. The Central Board of Film Certification and Ors., Writ Petition (L) No. 1529, 2016 (HC of Bombay).

9Srishti School of Art, Design ; Technology v. The Chairperson, Central Board of Film Certification ; Anr., March 9, 2011. (HC of New Delhi), available at https://indiankanoon.org/doc/171639/
10 Refusal Letter by CBFC can be accessed at https://www.thequint.com/bollywood/2017/02/23/cbfc-wont-certify-the-film-lipstick-under-my-burkha-director-alankrita-shrivastava-reacts, last visited on 20.03.2017;

1. Using material handling systems industries can

1. Introduction

Material Handling is the movement and control of materials throughout a process within a manufacture, distribution or consumption. Using material handling systems industries can have extraordinary effects on the cost, space and time utilization and that what makes it special. In this paper, an attempt to show how crucial this technology is when it comes to the iron and steel industry. Since the iron and steel industry carries enormous weight all the time, it requires a high diversity of material-handling equipment. Raw materials and finished products are constantly being moved by a heavy conveying machinery of all descriptions. The material handling is one important point in this industry because the process of moving and stocking material could have a really high cost.
Basically, steel is a metal made from iron and carbon. Iron is found throughout the earth, associated with oxygen and silica. Carbon is also richly found in nature and can be found in various forms.The steelmaking process starts processing of iron ore,which is iron oxide, sanded with fine sand. The iron ore is extracted directly from the ground using magnetic rollers and then they are grained and prepared properly to be used in the blast furnace. The next step is to clean coal impurities in a coke furnace. Once they are cleaned, the coal is in an almost pure form of carbon . The process of removing the oxygen from the iron is called direct reduced iron(DRI) and happened in a blast furnace. In the reduction process, the iron turns liquid and the pig iron is produced. From iron impurities slag is also produced. The next step in the process is refining. The pig iron goes to the steelworks, in a liquid state, to be transformed into steel by burning impurities and additions. The steel passes through continuous rollers and it is transformed into billets, blooms and slabs Finally, the steelmaking process of lamination. In this process, the steel is mechanically deformed and transformed into steel products processed by the processing industry. After the deformation, billets are transformed into rods and bars, blooms into beams and other structural shapes and slabs into flat products.
The process of the iron and steel industry (see Figure 1) is described and can be understood from the begging to the end detailed 1.

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Figure 1: Detailed processes in the Iron and Steel industry
The raw material of a steelworks is the initial stage of a production cycle, whose final product is the steel. Considering this fact, it is always necessary to guarantee these raw materials has high quality and operability and a reasonable cost. The reason that has to be taken into account is because the quality and cost of the final product, in principle, are compromised in this initial stage of the steel process. If you have a lower grade raw material in the beginning of you process that will affect your final product quality as well. Another disadvantage is that the use of lower grade iron ore in the blast furnace process requires additional energy and coal. It also produces more slag and their emissions have proportionately higher rate than with quality materials, and reduces productivity 2. A major technical study called ‘Raw Materials Improvement in the Steel Industry’ has recently been completed by The World Steel Association 2. The project deals with the issues when lower grade raw materials are used. Raw materials improvement has been done upgrading existing raw materials handling and iron-making processes 2.
The objective of this paper is mainly to show how the raw material of the iron and steel industry is moved through the material handling system and how important this system is. In addition, the beginning of the manufacturing process comes from the raw material is in all industries but most people do not know the importance of them to successfully complete a process.

2. Background

• Overhead traveling cranes are found in almost all areas of steelworks. This kind of equipment works moving from one direction to another, always in parallel runaways with a traveling bridge spanning the gap. Fixed-rail equipment and large industrial tractors are also using for transportation within this kind of industry 3.
• Steel production involves mainly, raw material, energy supply, and investment capital, consequently, the costs of those areas should be closely controlled 4.

• A small detail can affect the efficiency and safety of a plant that is the reason the design of custom material handling products is so important 5. Each industry has different needs due to different processes and plant type. Thinking about that, the design of a material handling equipment specifically for an industry comes to be necessary. In our current industrial scenario, the fabrication of a specific machine is becoming every day easier since companies are specializing in the design of a material handling equipment that suits perfectly a determined industry.

• The production of high-quality sinter is crucial to guarantee consistent, stable furnace productivity with a low consumption of reductants 6. Since the sinter is the primary material for making iron, it requires quality from making the proper selection to mixing it. If raw materials are poorly mixed it can affect permeability and also increase fuel consumption.

• The most popular construction material because of its unique combination of durability, workability, and cost. Stainless steel round bars are popular across a range of industries because of their wide implicational value in different sectors 7.

• The supply chain inventory management is a very critical and challenging task for an integrated iron and Steel plant. The most feasible area that can offer opportunities for reduction of production cost and improvements is the raw material inventory management consequently is an area that should be completely explored 8.
3. Methodology
The iron and steel industry is a complex industry since it’s material handling is complex. Alternative material handling systems/technologies and equipment in this industry will be shared seeking process improvement. The information will be shared using the case study methodology.
A basic description of all raw materials processes in the system is made based on the following steps:
• The external raw material is received through a wagon dumper, a road-railway hopper, and a conveyor belt;
• Materials received are stored in yards and divided into raw material only, and blended material (a mix of other materials);
• Raw materials go through processors, which consume certain materials transforming them into another one to be used in another part of the system (Sinter and Blending Yards).
• Raw materials are consumed, Blast Furnaces and Calcination Plant just consume raw materials.
A complex system composed of conveyor belts transport the materials from their point of origin to their destination, either for storage or consumption. The system of a conveyor belt acts as a unit that transports the materials, creating routes of transportation. It has single routes and compound routes that serves the raw material handlings needs. The processing elements of the system are (i) the blending – the mixture of several materials of distinct characteristics and (ii) the sintering – a hot agglomeration process of iron ore fines, coke, fluxing and additions mixture of defined chemical dosages and compositions 9. The resulting product is called the sinter and it presents chemical, physical, and metallurgical characteristics compatible with blast furnaces requests. The raw material consuming elements are the blast furnaces, which produce pig iron. They have supply priority as lack of materials in their silos usually means production loss. Besides the blast furnaces, there is the Calcination Plant which consumes three different kinds of limestone 9.
The Flow of Raw Materials

Raw materials contribute to the major cost of production in today’s scenario. Consequently, any waste of raw materials and deterioration during storage should be totally avoided. In addition, the quality of raw material is crucial when controlling the cost within an industry. Lower quality raw materials have cheaper cost per ton, however, they have higher consumption of fuel and energy. Hence there is a big effect on the cost final product. Considering the importance raw materials have in the iron and steel industry we should assume that the material handling of those materials has to be done with high efficiency and avoiding any kind of waste and additional cost. The raw material is important in all kinds of industries because marks the beginning of the process, in this case, the ironmaking process.
The steel production demands raw materials such as coal, coke, iron ore, mill scale, sinter. During the process, they go through unloading, stacking, reclaiming, blending, crushing, grinding and screening and are finally conveyed to the sinter plant, coke oven battery, and blast furnace. Bhushan Steel Ltd. (BSL) is a globally renowned company and one of the prominent players in the steel Industry. It is one of India’s largest manufacturers of auto-grade steel and has transformed itself as the third largest producer of cold rolled steel in the country. The company recently extended their plant and they created the material handling flowchart shown below to illustrate it (Figure 2).

Figure 2: Material handling flowchart
The raw material handling system in a steel plant is designed to cater to these materials and is critical to achieving the desired production capacity. The course of the material in the system Bhushan Steel created is shown in Figure 2 and the procedure it follows is described below step by step 10.

• Coal, limestone, dolomite and iron ore are unloaded by wagon tipplers, track hoppers and truck unloading systems and stacked in the stockyard by yard machines and reclaimed.
• Coking coal is fed to the coke oven battery after blending, crushing and mixing. The quenched coke after segregation as per separation size is fed to blast furnace stock house or base blending system.
• Iron ore fines, limestone, dolomite from the stockyard, mill scale from trucks, nut coke/coke fines from coke oven, sinter fines from the stock house are fed to base blending system for production of base mix. The sinter produced from a base mix is fed to the blast furnace and emergency storage is available to ensure continuous feed to blast furnace.
• Iron ore fines from blast furnace stock house are fed to a stockyard and then it goes to the direct reduced iron(DRI) plant.
• Nut coke from blast furnace stock house is fed into base blending system.
• Non-coking coal is fed to coal washery and the washed coal is sent to the direct reduced iron plant for further processing. Iron ore lump from stockyard through Raw Material Processing Plant and dolomite from trucks/ground hoppers is also fed to the direct reduced iron plant for processing. The output DRI is then fed to the steel melting shop.
• Blast furnace once ignited need to operate continuously, hence to ensure continuous feed of material, all the raw materials such as blast furnace coke, sinter, iron ore, additives, pellets are stored in the stock house and proportionately fed to the blast furnace via charging conveyors.
• The slag generated from the blast furnace is conveyed to the wagon loading area for transportation outside the plant.
• Non-coking coal from the stockyard through coal crushing and screening system is fed to a captive power plant

1. Management for Solvency Purposes’. In addition to

1. Introduction

1.1 Background of the Study
Risk is inherent in every business, but organizations that embed the right risk management strategies into business planning and performance management are more likely to achieve their strategic and operational objectives. The insurance sector is not excluded from this phase. Whether in Mauritius or international platform, insurance companies are immersed in a permanent updating cycle, which requires constant strategic changes to adapt to the unstable economic environment to the growing level of safety and transparency which are required by financial markets and potential clients.
In Mauritius, we have the Financial Services Commission (FSC) which act like a regulatory body and monitors the financial activities of insurance companies. The FSC is a state created agency to keep track on these institutions and to make sure they are all operating which the appropriate licenses and that we are not moving towards a ‘Ponzi Scheme’. Each year, the FSC publishes a communiqué to enhance the observance of the International Association of Insurance Supervisors, an extract of the most recent communiqué is found below:
The Rules aim to enhance the observance of the International Association of Insurance Supervisors’ (‘IAIS’) core principle 16 (‘ICP 16’): ‘Enterprise Risk Management for Solvency Purposes’. In addition to observing compliance with ICP 16, the objectives of the Rules are to: (a) deliver a better managed insurance sector with a focus on risk by encouraging sounder risk management and risk assessment in the insurance sector. As a consequence, insurers would be able to seek more economically aligned strategies and pricing on both their liability and asset sides of their balance sheets, making the insurance sector more efficient, and at the same time, more viable and financially sound; (b) empower the FSC to be better placed to oversee the risk assessment and supervision of the sector and have improved scope for intervention in a measured and credible way; (c) enhance the reputation and potential for Mauritius to develop its financial services sector in line with the Commission’s vision and the government’s objectives. Insurers are required to have in place a Risk Management Function (‘RMF’), pursuant to Rule 12 of the Rules, as from 01 January 2017. The RMF includes the appointment of a risk officer who shall be a person of sufficiently senior status, suitably qualified and experienced.
During the past years we have witness a lot of insurance companies closing down, with some having their license cancelled due to ‘Ponzi-like Schemes’. The most common example is the British American Insurance group crash; which left thousand of policy holders in uncertainties about their investments. It is essential to prevent future case like these as they have a significant impact on the economic stability of the country, not only for the policy holders but also the people employed there. The insurance companies’ ability to continue to cover risk in the economy hinges on their capacity to create profit or value for their shareholders. A well-developed and evolved insurance industry is a boon for economic development as it provides long- term funds for infrastructure development of every economy (Charumathi, 2012).
There are numerous techniques to manage financial risks of insurance companies and in this paper we will have a look at some major ones.

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1.1.1 Relationship between Financial Risk Management and Financial Performance

The management of insurance companies should take sound risk management techniques when planning for the future so as not to deplete the assets of the company (Gold, 1999). He further argued that insurance companies could not survive with increased loss and expense ratios. Preventing losses by taking precautionary measures is a key driver of profitability and a key element in reducing risks (Jolly, 1997). He further stated that insurance companies have a direct financial interest in reducing losses though preventing accidents and ensuring that if one occurs, its effects on human life and environment are minimized. Johnson (2001) asserts that when insurance companies accept a large risk that 7 would financially affect them, they also insure against a possibility of such large losses so as to spread the risk of loss and improve on their financial status.
1.1.2 Research Problem

After the recent 2007/2009 financial crisis, risk management has gained an important role for almost every financial institution. Risk management is one of the most important practices to be used especially in insurance companies in order to get higher returns, (Gabriel, 2008). In today’s ever-changing financial environment, every single decision taken has its share of risk being involved. Managing financial risk involves setting appropriate risk environment, identifying and measuring the insurances risk exposure, mitigating risk exposure, monitoring risk and constructing controls for protecting the insurance companies from financial risk (Tcankova, 2002).

During the past ten years, the local insurance industry has been hit with a number of crisis and ponzi schemes which made investors reluctant. The technological revolution resulted in changes in the operation of markets, increased access to information, changes in the types of services available to investors, and major changes in the production and distribution of financial services (Crouhy et al., 2001). Therefore financial regulators play an important role to maintain the image of the insurance industries and it is also believed that insurance industry act as a mirror for the financial stability of a country.

Nowadays, people holds more than one type of policy and the annual revenues of insurance companies are large and also difficult to get the exact numbers from them. They are very reluctant to provide the final data which made the study a bit complex and only figures and facts available to the public were used for this study.

1.1.3 Problem Statement

This topic was chosen in order to investigate about the current financial health of our insurance companies and also to verify how much they take risk management into consideration. It is believed that the majority of insurance companies concentrate more on profitability and lesser on risk management. However, the government must make sure that the insurance companies are operating within the required norm. The question now rises whether regulations concerning risk management are enough to prevent problems from occurring as we saw in the last crisis.

1.1.4 Objective of the Study:

• What is risk?
• How can risk be managed?
• The benefits of an adequate risk management.
• What is financial performance?
• How risk management can improve financial performance.

Chapter two
Literature Review
2.1 Introduction
This chapter reviews the literature of the relationship between financial risk management and financial performance of insurance companies in Mauritius. The literature review has been divided into two parts; first one gives focus on the theoretical framework of financial risk management and the determinants of financial performance of insurance companies. The second part, stress on empirical studies on the relationship between financial risk management and financial performance of insurance companies in Mauritius. Finally, the summary of the whole chapter.

What is Financial Risk Management?
Financial risk management is the quality control of finance. It is a broad term used for different senses for different businesses or things but basically it involves identification, analyzing, and taking measures to reduce or eliminate the exposures to loss by an organization or individual. Various authors including Stulz (1984), Smith et al (1990) and Froot et al (1993) have offered reasons why managers should concern themselves with the active management of risks in their organizations. To put the financial risk in simpler terms, it can be defined as an umbrella term for multiple categories of risk associated with financial transactions. It can further be explained as the possibility where the investors lose money if they are investing in the company whose cash flows are inadequate to meet the matured obligations. The aim of financial risk management in insurance companies is to maximize expected profits by taking into account their available resources. Besides the 2007/2009 financial crisis, insurance companies have to take into account the growing number of competitors in the local market. Along with that, a study concluded that potential clients are now reluctant to invest after the BAI episode. So now managers must also seek to provide a clean image of the company.
However, besides Financial Risk, we have different types of risk in the insurance sector; they are Operational risk and Business Risk. Operational risk summarizes the risks a company undertakes when it attempts to operate within a given field or industry. Operational risk is the risk not inherent in financial, systematic or market-wide risk. It is the risk remaining after determining financing and systematic risk, and includes risks resulting from breakdowns in internal procedures, people and systems. Then Business Risk impairs a company’s ability to provide its investors and stakeholders with adequate returns. The company is also exposed to financial risk, liquidity risk, systematic risk, exchange-rate risk and country-specific risk. This makes it increasingly important to minimize business risk. To calculate the risk, analysts use four simple ratios: contribution margin, operation leverage effect, financial leverage effect and total leverage effect.

What is Financial Performance?
Measuring the performance of insurance companies has gained the momentum from the last couple of years, because insurance sector is not only an avenue for money saving, but also serves as a vehicle to channel funds in an appropriate way from surplus economic sectors to deficit sectors so as to support the investment activities in the economy. Technically, financial performance is defined as a subjective measure which determines how well the organizations use their available resources to generate more revenues. The financial performance measures the financial stability of the organization in monetary terms and thus, can be used to compare the performance of different corporations within any particular industry or between the industries. It is of great importance to note that no single measure of financial performance should be considered on its own. Rather, a thorough evaluation of a company’s performance should be taken into account many different measures of its performance. Companies must evaluate and monitor their profitability levels periodically so as to measure their financial performance through use of the profitability measures computed from the measures explained above. The two most popular measures of profitability are Returns on Equity and Returns on Assets. ROE measures accounting earnings for a period per dollar of shareholders’ equity while ROA measures return of each dollar invested in assets.

2.2 Theoretical review
The theoretical review is guided by the following theories; Stakeholders Theory, Contingency Theory, and Institutional Theory. These theories will help to elaborate on the relationship between financial risk management and financial performance on insurance companies in Mauritius.

2.2.1 Stakeholder Theory
In this study, the concept of stakeholder theory has been acknowledged after the publishing of the book titled ‘Strategic Management: A Stakeholder Approach’ by Freeman (1984) although the first emergence of the term dates back to a study conducted by Stanford Research Institutes in 1963. Edward Freeman is considered to be the founder of the stakeholder theory and he describes the term stakeholder as any group or individual who can affect or is affected by the achievements of the organization’s objectives.
Stakeholder theory highlights the necessity to serve all the stakeholders regardless of the amount of their legal interests in an organization and deals with the relationships with the stakeholders both in terms of the process and the outcome (Gilbert and Rasche, 2008). This theory also suggests that the relationships with stakeholders can be managed effectively and claims that successful business management is based on the relationships and collaboration practices with stakeholders (Sarikaya, 2009).

Stakeholder theory aims at increasing the efficiency of organizations by bringing new definitions to organizational responsibilities. In this respect, the theory suggests that the needs of shareholders cannot be met before the needs of stakeholders are met. Similarly, it claims that developing strategies by considering a broader stakeholder network and interaction will produce more successful results than focusing merely on direct profit maximization attempts (Jamali, 2008). Carroll and Buchholtz (2000) point out that the concept stakeholder has a basic role in understanding enterprise-society relationship. Moreover, this theory involves certain elements such as interests, demands and rights by giving a new dimension to the share concept. Stakeholders might have legal rights on the enterprise as well as the rights in terms of ethic (Carroll and Buchholtz, 2000). To deal with the concept of sharing in such a wide perspective enables enterprises to understand the expectations of society and to meet these expectations more effectively

Stakeholder theory is an organizational management and ethic theory, which highlights values and morality as the basic characteristics of organizational management (Phillips et al., 2003). In other words, it is possible to consider stakeholders theory as a strategic management method based on ethical principles. The attempts made by enterprises to meet the demands of their stakeholders are not only to avoid the possible pressures from the stakeholders but also to create a better society. The fact that enterprise-stakeholder relationships as well the relationships among stakeholders are getting more and more complex leads to the acknowledgement of stakeholder theory as a management model to a great extent (Russo and Perini, 2010).

2.2.2 Contingency Theory
A contingency theory is an organizational theory that claims that there is no best way to organize a corporation, to lead a company, or to make decisions. Instead, the optimal course of action is contingent (dependent) upon the internal and external situation.
Contingency theory has sought to formulate extensive generalizations about the formal structures that are typically associated with or best fit the use of different technologies. The perception originated with the work of Joan Woodward (1958), who argued that technologies directly determine differences in such organizational attributes as span of control, centralization of authority, and the formalization of rules and procedures.
It is fair to say that every big organization is equipped with the latest technologies, whether manufacturing or non-manufacturing. How best to organize the IT function is a long-standing question for researchers and practitioners alike (von Simson, 1990). For ERM projects, and for post-implementation support, this issue is critically important, especially with regard to the use of subject matter experts (Worrell et al., 2006). However, until recently (Zhu et al., 2010), research has primarily focused on implementation efforts rather than post-implementation.
Subject matter experts are invaluable contributors to the success of ERM installations, whose knowledge of business practices and system processes are critical to configuring enterprise systems (Volkoff et al., 2004). As a result, project managers often plan carefully and petition strongly to secure the best and the brightest employees from each of the functional business units that will be impacted by an implementation project (Gallagher and Gallagher, 2006).

2.2.3 Institutional Theory

Institutional theory is a theory on the deeper and more flexible aspects of social structure. It considers the processes by which structures, including schemes; rules, norms, and routines, become conventional as authoritative strategy for social behavior.

Burns and Scapens (2000) have observed that the social sciences have taken an escalating interest in institutional theory, and that the accounting literature reflects this interest in at least two ways: new institutional sociology; and old institutional economics. According to Burns (2000), analytical studies of changes in management-accounting routines are founded on Old Institutional Economics – which is a heterogeneous body of theory.

Fonseca and Machado da Silva (2002) have observed that, according to the institutional approach, individual behavior is modeled by principles that are originally created and shared in interactions, but which later become incorporated in the form of objective standards and rules about the most efficient way of functioning. From the perspective of Old Institutional Economics, the institution becomes the main object of analysis. According to this view, coherent and optimizing behavior no longer proceeds from individual decision-makers (as posited by neoclassical theory). Scapens (1994) emphasized the institutional approach and rejected the postulates of neoclassical theory as being appropriate to perceptive management-accounting practices.
It is therefore important to conceptualize the institution; however, no simple and widely accepted definition of an “institution” exists. Burns and Scapens (2000, p. 8) defined an institution on the basis of Barley and Tolbert’s (1997) work “presuppositions that are shared and taken for granted, which identify categories of individual agents and their appropriate activities and relations”. Scapens (1994) noted that, in the context of the Old Institutional Economics, the first definition of institution was established by Veblen in 1919 “a habit of thought common to the generality of men”. According to Burns (2000), the idea of an institution that has been most frequently applied in Old Institutional Economic was derived from Hamilton (1932), who considered an institution to be a way of thinking or acting by something that prevails and continues, which is inserted into the habits of a group or the customs of a people. This definition emphasizes the social and cultural character of an institution, and the importance of habitual behavior. Rowsell and Berry (1993) utilized certain concepts of Selznick (1957), who defined an institution as a natural product of social needs and pressures. The institution is a social structure that gives significance to the integrated aspirations of a group of people. Selznick (1957) contrasted an institution with an administrative organization – describing the latter as a coherent instrument defined to carry out a task.
The concept of “habits” and “institutions” are connected through the notion of “routine”. A “habit” is a predisposition or tendency to become implicated in previously adopted or acquired forms of action. However, the existence of habits does not exclude the possibility of intentional individual behavior; indeed, habits can be customized. In contrast to such habits, which are located in the personal sphere, “routines” involve a group of people (Oliver, 1997). Routines are formalized and institutionalized behaviors that are guided by rules. Such routines are reinforced by the process of repeating actions to comply with rules. Routines correspond to forms of thinking and acting that a group of individuals takes for granted.
Rules and routines provide an “organizational memory” and constitute the basis for the evolution of organizational behavior. According to Scapens (1994), they are the organizational equivalents of genes in the biological process and, in this sense; evolution is not the creation of optimal behavior, but simply the reproduction and potential adaptation of behaviors over time. Oliver (1997) has emphasized that, from the institutional perspective, companies administer within a social structure of standards, philosophy, and presuppositions about appropriate or adequate behavior. The institutional perspective thus suggests that motives for human behavior go further than economic optimization to involve justification and social obligation.
In the present study, the concept of institutionalization is clearly important. Oliver (1997) has noted that institutional activities tend to be long-lasting, socially acknowledged, resistant to change, and not directly reliant on rewards or monitoring of their permanence. In the framework of management accounting, Scapens (1994) has observed that, over time, management accounting can constitute a structure that reflects a particular organization’s way of thinking and acting – which is taken for established and detached from its specific historical circumstances. It consequently becomes an unquestioned approach of doing things.

2.3 Determinant of Financial Performance
The financial performance f insurance companies may be determined by various factors. These factors, as explained above could be further classified as internal, industry, and macroeconomic factors. However, as will be discussed in the coming consecutive sections of the review, in most literatures, profitability with regard to insurance companies usually expressed in as a function of internal determinants, (Hifza, 2011). Wright (1992) conducted their study on determinants of life and health insurance companies. Hence, most of the researchers focused on internal factors affecting profitability and most of the factors considered are going to look at the firm age and corporate reputation, firm size, government policies, capital, liquidity, tangibility of assets and political stability.
2.31 Firm Age and Market Reputation
It is logical that newly opened insurance companies are not going to have instant success. Nowadays, people are more and more conscious while investing in insurance companies and the majority of them are most likely to invest their capital in established firms. Newly established insurance companies are not particularly profitable in their first years of operation, as they place greater emphasis on increasing their market share, rather than on improving profitability Athanasoglou et al., (2005). Similarly, Yuqi (2007) indicate that older banks expected to be more profitable due to their longer tradition and the fact that they could build up a good reputation.
The corporate reputation also plays a fundamental role in the turnover of insurance companies. Corporate reputation can be viewed as a critical intangible resource, important to a firm’s performance and therefore long-term survival. Given the intuitively appealing proposition that a good or superior corporate reputation has a positive influence on a firm’s financial performance, there has been much interest from researchers.
During the data collection, we found that there is significantly positive association between age and corporate reputation of the company and profitability. The older the firm the more may be the profitability of the firm. This could be justified as experience and efficiency in the operation process may decrease cost of production and even that age is the strongest determinant of profitability.
2.3.2 Firm Size
Numerous studies have been conducted to study the effect of size on firm profitability. However, the empirical evidences of the linkage between profitability and firm size are somewhat inconsistent. For example, evidence collected by Philip Hardwick and Mike Adams (1999) from UK companies suggests that there is an inverse relation between profitability and firm size. Jay (2007) found that there is a positive and significant relationship between the age of a company and its profitability as measured by Return on Assets. Similarly, the research conducted on the relationship among firm characteristics including size, age, location, business group, profitability and growth by Swiss Re (2008) indicated that larger firms are found to grow faster than smaller and younger firms found to grow faster than older firms.
2.3.3 Government Policies
We have various government policies that affects which affects the financial performance of Insurance companies directly or indirectly. But let’s focus on the major policies that impact the financial performance. Among the various government policies, the ones which affect the financial performance of insurance companies are the Taxation Policy and legislations to regulate their activities.
Taxation policy can affect businesses. High tax rate would discourage investors to invest more and to expand their trade. For example, a rise in corporation tax (on business profits) will definitely affect the net profit of the organization. Life insurance which has been favored by generous tax incentives and has also benefitted from the growth of pension business and housing finance represents around 61 percent of total premiums. The rest is non life insurance which includes industrial and commercial risk being insured and motor insurance. They have all benefitted from the taxation policies and the constant expansion of insurance industries reflects this statement.
On the other hand, the insurance sector is highly concentrated, with the three largest groups having 76 percent of total assets. Despite the high level of concentration, the insurance sector appears to be competitive, operating with high efficiency and reasonable profits. But the issue arises with state created insurance companies which usually takes form of public corporation. In Mauritius we have the State Insurance Company of Mauritius (SICOM) and National Insurance Company (NIC); the latter was incorporated after the ‘crash’ of British American Insurance (BAI) so as to save the clients and also employment of the people. The best will be privatization in which industries are sold off to private shareholders to create a more competitive business environment.
In order to make the insurance sector robust, we have the Financial Services Commission (FSC), which is responsible to regulate and supervise their activities. This was a must after recent saga of White Dot and Bramer Bank/BAI. The current framework has many strong elements, including reliance on solvency monitoring, prudent asset diversification, international accounting standards, and actuarial methods. But there are some important gaps in corporate governance, internal controls and risk management. The state has tried to close these gaps by introducing the Insurance Act 2005 and amending it in 2015 by giving the government to hire a special administrator to investigate and regulate fishy activities.
Section 110A. reflects on the Appointment of special administrator; subsection 1 is as follows; Notwithstanding section 48 of the Financial Services Act, where the Minister is satisfied, on the basis of a report submitted by the Commission, that the liabilities of an insurer and any of its related companies exceed its assets by at least one billion rupees and that such excess is likely to be a threat to the stability and soundness of the financial system of Mauritius, he may request the Commission to appoint a special administrator to the whole or part of the business activities of the insurer and any of its related companies. Moving towards subsection (2), on receipt of a request under subsection (1), the Commission shall appoint a person who possesses the qualifications of an Insolvency Practitioner under the Insolvency Act as a special administrator in relation to the whole or part of the business activities of the insurer and any of its related companies. Subsection (3) stresses that the appointment of any – (a) administrator, other than by Court, under section 215 of the Insolvency Act; (b) administrator under section 48 of the Financial Services Act; or (c) conservator under section 106, to the insurer and any of its related companies shall end on the appointment of a special administrator under subsection (2) to that insurer and any of its related companies. Then as per subsection (4), in the discharge of his functions under this Act, a special administrator appointed under subsection (2) shall have all the powers, duties and functions of an administrator under the Financial Services Act and Insolvency Act and of a conservator under this Act. Finally subsection (5) talks on the appointment of a special administrator under subsection (2), any person whose appointment has ended under subsection (3) shall, not later than 3 days from the appointment of the special administrator, transfer to him all property, books, records, documents and effects of the insurer and any of its related companies. The subsection (6) makes sure that the person who contravenes subsection (5) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months. With all these regulators, it is sure that our insurance sector is moving towards the right direction, when it comes to risk management to improve financial performance. Despite this, the Act has attracted certain criticism because the Special Administrator is most of the time a political nominee. The main question that people are asking is ‘will the special administrator work with total independence and good faith?’. This is the major area where we need to correct.
2.3.4 Volume of Capital
In most of the studies concerning insurance companies ‘volume of capital measures as the difference between total assets and total liabilities and in some cases it is measured by the ratio of equity capital to total asset’. Insurance companies’ equity capital can be seen in two ways. Narrowly, as stated by Uhomoibhi T. Aburime (2008), it can be seen as the amount contributed by the owners of an insurance (paid-up share capital) that gives them the right to enjoy all the future earnings. More comprehensively, it can be seen as the amount of owners’ funds available to support a business. The later definition includes reserves, and is also termed as total shareholders? funds. No matter the definition adopted, volume of capital is widely used as one of the determinants of insurance companies? profitability since it indicates the financial strength of the firm. As it has been expected positive relationship between profitability and capital has been demonstrated by Athanasoglou et al. (2005).
Evidence found in earlier studies show that insurance companies have suffered in different extends during the recent crisis. Some insurance companies had some setbacks and decreasing capital, while other companies had to be bailed out by the government to prevent default (example: American Insurance Group (Eling & Schmeiser, 2010); Laeven & Perotti, 2010)).
Studies conducted in different countries found that for non-life insurance companies, size of capital is one of the important factors that affect Return on Assets; Malik (2011) examined the relationship between volume capital and return on asset for Pakistan insurance industry and found positive and statistically significant relationship between insurance capital and profitability. Similarly Al-Shami (2008), found in his investigation that there exists a positive and significant relationship between volume of capital and profitability of the UAE insurance companies.
2.3.5 Liquidity
Liquidity from the context of insurance companies is the probability of an insurer to pay liabilities which include operating expenses and payments for losses/benefits under insurance policies, when due then shows us that more current assets are held and idle if the ratio becomes more which could be invested in profitable investments. For an insurer, cash flow (mainly premium and investment income) and liquidation of assets are the main sources of liquidity Renbao and Kie (2004). Several studies also have been conducted to measure the performance of the insurance companies. In contrast, Chen and Wong (2004) examined that, liquidity is the important determinants of financial health of insurance companies with a negative relationship. Similarly, Hakim and Neaime (2005) observed that liquidity, current capital and investment are the important determinants of banks profitability, which also applies to insurance. Flamini, McDonald, and Schumacher (2009) in their investigation regarding Sub-Saharan countries found significant and negative relationship between bank profitability and liquidity.
2.3.6 Tangibility of Assets
Tangibility of assets in insurance companies in most studies is measured by the ratio of fixed assets to total assets. A recent study by Ahmed, (2011) investigates the impact of firm level characteristics on performance of the life insurance sector of Pakistan over the period of seven years. For this purpose, size, profitability, age, risk, growth and tangibility are selected as explanatory variables while Return on Assets is taken as dependent variable. The results of ordinary east squares regression analysis revealed that leverage, size and risk are most important determinant of performance of life insurance sector whereas Return on Assets has statistically more of insignificant relationship with, tangibility of assets. However, Malik (2011) found that there exists a positive and significant relationship between tangibility of assets and profitability of insurance companies and argued that the highest the level of fixed assets formation, the older and larger the insurance company is. In contrast to this, Li (2007) in UK found no significant relationship between tangibility of assets and profitability of insurance companies.
2.3.7 Political Stability
The external environment is dynamic and ever changing. Organizations respond to the external environment and develop strategies that enable them to survive the ever changing environment that they operate in (Beck et al., 2010). One of the environmental factors that most enterprises have to deal with is the political environment. Companies have to respond to the environment strategically in order to be sustainable and avoid losses (Johnson et al., 2008; 2005). There is often a high degree of uncertainty when conducting business in a foreign country, and this risk is often referred to as political risk or sovereign risk. The political processes within a country generate laws and regulatory requirements. Companies doing business within that country must follow the laws and comply with the regulations or face legal penalties. Theoretically, the laws and regulations reflect the social values and governmental objectives of the host country. Unsurprisingly, these will vary widely among countries.
A complex and dynamic modern environment is inevitably difficult to forecast and the inherent uncertainties can make it highly unpredictable and potentially chaotic (Porter, 1980). It is important for organizations to anticipate where the greatest threats and opportunities lie at any time in order to focus their attention and resources and initialize strategies to deal with them. This will help us to prevent another Bramer Bank/BAI episode, these two institutions were operating simultaneously. A lot of things about this issue have been kept secret to the public. The whole population knows that the owner of Bramer Bank/BAI was close with the previous Prime Minister and after the latter’s mandate was over, the new government cancelled his banking license. This created havoc among the population and many questioned the government lack of action to redress the situation. Bramer was still a profitable bank though not very profitable. It has however for some time been facing a liquidity deficit and also had non-performing loan issues. It must be pointed out that a liquidity deficit situation is something quite normal at the level of individual banks and that can happen to any sound bank on any day. The cash deficit bank can then obtain overnight funds from the interbank market or from the central bank as a lender of last resort.
BAI is a more complex case. In so far as the insurance products are concerned, these have existed for quite some time and it is probably true that some agents might have tried to encourage people to rollover at time of maturity. But that does not constitute enough evidence to allow us conclude that there is existence of a Ponzi scheme. However, the possibility is there because sometimes we do have the combination of legitimate financial activities with Ponzi schemes. In such cases, the initiators would invest the money collected from savers and lend these or acquire financial instruments. However, right from inception they know that the return from the “underlying business” in which they are investing the money cannot be high enough to allow them meet their obligations. Is that the case with BAI? Not sure. So far we only know that BAI was operating with “a substantial proportion of its assets invested in its related companies” and that was in contravention with regulations made by FSC about exposure limits of 10% of the assets in any related company. That over exposure with related companies put BAI in a risky posture and the management was just happy with that until being pressed to improve. But to make this issue more controversial, the report of the Commission Enquiry conducted by Singaporean consultants did not mention any Ponzi scheme, but ‘Ponzi like Scheme’. This has raised a lot of questions among the opposition members and also the public. In addition, it has affected our finance sector and made people more reluctant to invest in insurance schemes.
2.4 Empirical Review
The issue of risk and management accounting was also examined in manufacturing and not for profit organizations (Collier and Berry, 2002). They conducted an exploratory case study to understand the relationship between risk and budgeting. The budgeting process is a formal method by which plans are established for future time periods, thereby implying a consideration of risk. However, there was a separation between budgeting and risk management. Despite managerial perceptions of risk, in which each organization faced several type of risk, there was no explicit regard to risk in the budgeting process or the content of the budget document. Budgeting did not appear to be a tool used in managing risk (Collier and Berry, 2002).
Soin (2005) investigated the contribution of management accounting and control information on the practice of risk management in the UK financial services sector. Consistent with Williamson (2004), she argued that management accounting has a potential role in supporting risk management. Soin (2005) examined whether current MASs support the changing patterns of demand for information about risk by corporate stakeholders. However, the study suggested that risk management systems in the financial services sector were not utilizing management accounting techniques and that there was no clear role for management accountants in risk management. The lack of stress on management accounting control systems in the financial services sector was cited as the reason for the findings. There was some emphasis on budgeting, cost control, and performance measurement, but not in relation to risks.
Ali (2006), did a study on credit risk management: a survey of practices. The study sought to investigate the current practices of credit risk management by the largest US-based financial institutions. Owing to the increasing variety in the types of counterparties and the ever-expanding variety in the forms of obligations, credit risk management has jumped to the forefront of risk management activities carried out by firms in the financial services industry. This study is designed to shed light on the current practices of these firms. A short questionnaire, containing seven questions, was mailed to each of the top 100 banking firms headquartered in the USA. It was found that identifying counterparty default risk is the single most-important purpose served by the credit risk models utilized. Close to half of the responding institutions utilize models that are also capable of dealing with counterparty migration risk. Surprisingly, only a minority of insurance companies currently utilize either a proprietary or a vendor-marketed model for the management of their credit risk. Interestingly, those that utilize their own in-house model also utilize a vendor-marketed model. Not surprisingly, such models are more widely used for the management of non-traded credit loan portfolios than they are for the management of traded bonds
Mikes (2006), on the other hand, examined both risk management and management accounting control as multiple control systems in an organization. She conducted a case study to explore the changing context and internal dynamics of a multiple control system acting as the divisional control in a financial services organization. Based on a political and institutional perspective, the study showed how two control systems, namely, firm-wide risk management system and accounting controls, complemented each other (as the contingency theory suggests), as well as competed with each other for relevance and attention from top management. Accounting control has been found to possess institutional appropriateness compared to risk control (ERM) and was extensively used in decision making (Mikes, 2006).
Collier et al. (2007) investigated the roles of management accountants in managing risk. Similar to Williamson (2004) and Soin (2005), they viewed that management accountants – who have skills in analysis of information, systems, performance, and strategic management – should play a significant role in developing and implementing risk management. The survey results show that there was little integration between management accounting and risk management and that the involvement of management accountants in risk management was only marginal. However, results from post-survey interviews indicated that management accountants did actually play an important role in risk management, especially in analyzing the impact of risks to support risk managers. The finance director was identified as having a pivotal role in risk management (Collier et al., 2007), and, in most organizations, management accounting functions are normally under the responsibility of the finance director.
Woods (2009) conducted a case study on the risk management control system in a public sector organization. Contingent variables that affected the risk management system at the operational level were central government policies, information and communication technology, and organizational size. The most important contingent variable was central government policies as many of the strategic objectives were driven by government policy and resources were also determined by the central government (Woods, 2009). This is similar to financial institutions where government regulation drives the risk management system.
2.5 Summary of Literature Review
This chapter has reviewed the existing literature on the relationship between financial risk management and financial performance. In addition, most of the literature review in this study has been conducted in the developed countries; Collier et al. (2004) found that there was very little integration between risk management and management accounting. The study found that the systems and controls that were in place in the UK financial services sector were very closely matched to the requirements set out by the regulator (Soin, 2005). This study sought to bridge the existing research gap between the developed countries and developing countries like Mauritius.

Chapter 3
Insurance sector in Mauritius.
Since gaining our independence back in 1968, our economy has mainly depended on the tourism, textile and agricultural sector. However, due to the increasing number of competitors worldwide, it became more difficult to depend on those three only. Then we had the rise of the insurance sector and more recently the offshore sector.
The GDP of the insurance sector has been on constant rise since 1990 till 2010. The table below shows an extract of the contribution of insurance companies.

Our insurance sector is a direct source of employment for a majority of people and it is imperative that more studies are done so as to improve the financial performance of the insurance sector
Chapter Four
Research Methodology
4.1 Introduction

In this chapter, we shall focus on the collection of data, the research design that was adopted, the study population, the sampling, and the methods of collecting data, the research procedures, and method of analyzing and presenting data.
4.2 Research Design
Burns and Grove (2003) define a research design as a blueprint for conducting a study with maximum control over factors that may interfere with the validity of the findings. Dooley (2007) notes that a research design is the structure of the research, it is the ”glue” that holds all the elements in a research project together. The explanatory research design was employed in this study in order to identify the extent and nature of cause-and-effect relationships. Explanatory research suggests causal linkages between variables by observing existing phenomena and then searching back through available data in order to try to identify plausible causal relationships. This study is concerned with determining the cause and effect relationship and to understand which variable is dependant and which one is independent. Thus after some reflection; this research design was most suitable to explain if two variables are related or if they differ. This was reflected by the use of enough information and data for testing the cause and relationship. The aim of this research was to help in showing the relationship between financial risk management and financial performance of insurance companies in Mauritius.

4.3 Target Population
The target population for this study was top five insurance companies in Mauritius. The companies are as follow: LAMCO, State Insurance Company of Mauritius, Sun Insurance, SWAN Insurance and Mauritius Union. Different levels of the organization were questioned and their views were taken into consideration for the analysis and recommendations.
4.4 Data Collection
Primary data will be collected during this study. Barker (2013) states that primary data is important for all areas of research because it is unvarnished information about the results of an experiment or observation. It is like the eyewitness testimony at a trial. No one has tarnished it or spun it by adding their own opinion or bias so it can form the basis of objective conclusions. Questionnaire is the most evident method of data collection, which is comprised of a set of questions related to the research problem which was on financial performance. This method is very convenient in case the data are to be collected from the diverse population. In this study, one hundred questionnaires were distributed; with 20 at each of the five listed companies above.

4.5 Data Analysis
The collected secondary data was analyzed using Statistical Package for Social Science (SPSS) version 20. A Chi Square Test, regression analysis, correlation analysis and frequencies were used to analyze the data. The findings from the analysis were organized, summarized and presented using tables, and used to answer the study question.

.
Chapter five
Data Analysis, Results and Discussion.
5.1 Introduction
This chapter presents the data obtained from the research in chapter four. These data will be used to show the relationship between financial risk management and financial performance. The chapter is divided into three parts. In the first one we shall look at the descriptive statistical result, the second one was a Chi square test.
5.2 Descriptive Statistical Analysis

Table A. Methods to manage risk.
Frequency Percent Valid Percent Cumulative Percent
Valid A 43 43.0 43.0 43.0

B 20 20.0 20.0 64.0
C 12 12.0 12.0 76.0
D 14 14.0 14.0 90.0
E 10 10.0 10.0 100.0
Total 100 100.0 100.0
Key: A – Avoid, B – Accept, C – Exploit, D – Mitigate, E – Transfer.

Table A, shows the result obtained when asked about which method to prefer while managing risk. The majority of them chose option A which was to avoid the risk. This is a good strategy for when a risk has a potentially large impact on your project. The sales and administrative department were among the majority who chose this option. While questioning them further, they suggested that January is when the company Finance team is busy doing the corporate accounts, putting them all through a training course in January to learn a new process isn’t going to be a great idea. There’s a risk that the accounts wouldn’t get done. It’s more likely, though, that there’s a big risk to their ability to use the new process, since they will all be too busy in January to attend the training or to take it in even if they do go along to the workshops. Instead, it would be better to avoid January for training completely. Change the project plan and schedule the training for February when the bulk of the accounting work is over.
To transfer the risk is not the best strategy and the response reflects this suggestion. Concerning accepting the risk, most of the believed that it can only be considered for small projects where a failure will not have a huge impact on the organization. Then we had to exploit the risk whereby some believed it should be used more often and lastly to mitigate it which means is that you limit the impact of a risk, so that if it does occur, the problem it creates is smaller and easier to fix. People working in the management and risk department said that they would rather go by mitigating the risk.

Table B. Level of risk in the organization.
Frequency Percent Valid Percent Cumulative Percent
LOW 28 28.0 28.0 28.0
HIGH 38 38.0 38.0 66.0
VERY HIGH 34 34.0 34.0 100.0
Total 100 100.0 100.0

Moving forward, the employees were asked to rate to rate the level of risk in their respective organization. The surprising part was that 38% rated it as high and 34% as very high. When asked about this answer they suggested that our current legislation is not enough to prevent r manage risk. Though compared with our off shore sector, the insurance sector seems to be less affected by the legislation. Table C below shows the result.

Table C: Current legislation enough to prevent risk?
Frequency Percent Valid Percent Cumulative Percent
Valid 1 36 36.0 36.0 36.0
2 36 36.0 36.0 72.0
3 19 19.0 19.0 91.0
4 9 9.0 9.0 100.0
Total 100 100.0 100.0

Table D: In accordance to FSC regulations.
Frequency Percent Valid Percent Cumulative Percent
Valid AGREE 24 24.0 24.0 24.0
STRONGLY AGREE 12 12.0 12.0 36.0
NEUTRAL 24 24.0 24.0 60.0
DISAGREE 26 26.0 26.0 86.0
STRONGLY DISAGREE 14 14.0 14.0 100.0
Total 100 100.0 100.0

The employees were also questioned if whether their respective companies are operating in accordance to the FSC regulations. Here the results obtained were quite balanced with 24% agreeing to this and 12% were strongly in favor to a yes. However 24% were neutral in this case and 26% disagreed, with 14 percent strongly against this statement. Table D shows the obtained frequency and percentage.

Table E: Independence To Financial Institutions
Frequency Percent Valid Percent Cumulative Percent
Valid AGREE 16 16.0 16.0 16.0
STRONGLY AGREE 11 11.0 11.0 27.0
NEUTRAL 20 20.0 20.0 47.0
DISAGREE 35 35.0 35.0 82.0
STRONGLY DISAGREE 18 18.0 18.0 100.0
Total 100 100.0 100.0

But then they believed that the government is tampering to much with the job of our financial institutions. 35% disagreed and 18% strongly disagreed that the financial institutions are operating with total independence.
They also expressed their views further about this issue as most of the do not believe that the BAI/Bramer case was a Ponzi scheme. 38% disagree and 19% strongly disagreed that it was a Ponzi scheme. Their opinion was that it was an investigation carried out by ministers rather than our financial institutions. Refer to Table F below to find the detailed result. With this, they suggested that the government is not helping enough to prevent risk by tampering with the task of our financial institutions.

Table F: Do you think BAI/BRAMER case was a PONZI scheme?
Frequency Percent Valid Percent Cumulative Percent
Valid AGREE 14 14.0 14.0 14.0
STRONGLY AGREE 10 10.0 10.0 24.0
NEUTRAL 19 19.0 19.0 43.0
DISAGREE 38 38.0 38.0 81.0
STRONGLY DISAGREE 19 19.0 19.0 100.0
Total 100 100.0 100.0

In the chapter 2, we discussed about the importance of firm age and size. During the research, this part was also investigated and the result obtained reflects the statement. An astonishing of 77% believed that potential clients do take firm age and size into consideration before investing their money. 42 % strongly agreed and 35% agreed to it. The rest of 8% who disagreed and 3% who strongly disagreed, believed that if the organization comes up with a proper business plan, the factor of age and size shall not influence the potential clients. Table G and Figure 5 shows the data obtained.

Table G: Firm age before investing.
Frequency Percent Valid Percent Cumulative Percent
Valid 1.AGREE 35 35.0 35.0 35.0
2.STRONGLY AGREE 42 42.0 42.0 77.0
3.NEUTRAL 12 12.0 12.0 89.0
4.DISAGREE 8 8.0 8.0 97.0
5.STRONGLY DISAGREE 3 3.0 3.0 100.0
Total 100 100.0 100.0

Figure 5.

5.4 Chi Square Test
Case Processing Summary
Cases
Valid Missing Total
N Percent N Percent N Percent
Position * Do you have knowledge of risk management? 100 100.0% 0 0.0% 100 100.0%

Chapter Six

SUMMARY, CONCLUSION AND RECOMMENDATIONS.

6.1 Introduction
From the analysis and data collected, the following discussions, conclusion and recommendations were made. The responses were based on the objectives of the study. The main focus was to establish the relationship between financial risk management and financial performance of insurance companies in Mauritius.
6.2 Summary
The objective of the study was to establish the relationship between financial risk management and financial performance of insurance companies in Mauritius. Primary Data was collected from five insurance companies’ descriptive statistical test and Chi square test were carried out. From the findings, it was concluded that firm size and age have a direct impact on the financial performance of insurance companies. 77% of the respondents claimed that most of the clients take firm age and size into consideration before investing.
When asked about their preferred method to manage risk, 43% suggested that avoidance is the best solution. But they also believed that the level of risk in the organization is quite high with 38% rated it as high and 34% as very high. Furthermore they stated that they stated that the current legislation in place is not enough to protect them from risk and also the financial institutions are not operating with total independence. To prove this point, they went to on to suggest that the BAI/Bramer case was not a Ponzi scheme and that the crash of the company was inevitable after the government started to initiate actions in the place of our financial institutions.
From the Chi Square Test, it was found that most of the employees working in administrative, debt collection and sales department did not have the knowledge of financial risk management. This is quite alarming and 51% of the respondents were unaware of the FSC communiqué that is released which talks about insurance companies and risk management.
6.3 Conclusion
The study concludes that firm size and age has a positive influence on the financial performance of insurance companies in Mauritius.
From the finding of the study, we found that only people working in the management and risk department have the knowledge of risk management. Furthermore, the majority of the employees believes that there too much of government interference in the investigation process of our financial investigations and our current legislation is not enough to prevent financial risk.
The study also found that the level of risk in the organizations is quite high, thus concludes that government policies have a direct impact on the financial performance of insurance companies.
6.4 Policy Recommendations
From the finding the study recommends that there is need for insurance companies in Mauritius to manage the financial risk as it was found that financial risk negatively affects their financial performance.
The study also recommends that there is need for insurance companies in Mauritius to increase their size through increase in their assets base as it was found that an increase in size would lead to increase in their financial performance.
There is also the need to have an independent financial institution and amended legislations in order to improve the financial performance of insurance companies. Every insurance company must have a Risk Committee whereby they will investigate the risk level and look for solutions to improve the financial performance. The Risk Committee can be set up by the FSC, where their qualified officers visit the insurance companies and investigate on the level of risk and provide their valuable feedback. But moving forward, the financial institutions need to work independently and to make this possible, it will be better that the FSC reports to the DPP instead of the Minister of Good Governance.
Another recommendation is to provide courses to all level of employees on risk management. The government can provide his help here by organizing events to talk about risk management. Or else the insurance companies can invest further in their employees by providing their most qualified employees scholarship to study risk management. In this way, the employees will be more motivated and consequently the financial performance of the company will improve.
6.5 Limitations of the Study
The study was limited to precision of data as primary data was collected and the majority of the employees did not have the knowledge of risk management. So their views might be biased. The insurance companies were not willing to provide the secondary data which are the company’s financial reports.
The time lapse of the study was for 6 months which is quite limited. A period of five years would have been more appropriate.

6.6 Areas for Further Research
The study sought to establish the relationship between financial risk and financial performance of insurance companies in Mauritius, the study also recommends a further study to be done on the relationship between financial risk management and financial performance of insurance companies in Mauritius. This can be done by the government and by the setting up of a Fact Finding Committee to do further research. The study should be done on the determinants of financial performance of insurance companies in Mauritius.

Table H: Position * Do you have knowledge of risk management? Cross tabulation
Do you have knowledge of risk management? Total
Yes No
Position Management Count 11 0 11
Expected Count 5.4 5.6 11.0
Risk and Audit Count 25 0 25
Expected Count 12.3 12.8 25.0
Administrative Count 8 25 33
Expected Count 16.2 16.8 33.0
Debt collection Count 3 11 14
Expected Count 6.9 7.1 14.0
Sales Count 2 15 17
Expected Count 8.3 8.7 17.0
Total Count 49 51 100
Expected Count 49.0 51.0 100.0

Chi-Square Tests
Value df Asymp. Sig. (2-sided)
Pearson Chi-Square 59.254a 4 .000
Likelihood Ratio 75.171 4 .000
Linear-by-Linear Association 43.015 1 .000
N of Valid Cases 100
a. 0 cells (0.0%) have expected count less than 5. The minimum expected count is 5.39.
A Pearson Chi Square test was carried out to find out the relationship between the position and knowledge of financial risk management. Ultimately it was found that most of the people working in the administrative, debt collection and sales department did not have the knowledge of risk management. The frequencies that do not have knowledge of financial risk management are as follow; in the administrative level it was 75.6%, in debt collection 78.5% and in sales department it was the highest with 88.2%. These three departments did not even come close to the expected count.

Table I: Do you have knowledge of FSC communiqué?
Frequency Percent Valid Percent Cumulative Percent
Valid Yes 49 49.0 49.0 49.0
No 51 51.0 51.0 100.0
Total 100 100.0 100.0

A further study conducted on whether they are aware about the communiqué of FSC on insurance companies; 51% are not aware of this.

Chapter Six

SUMMARY, CONCLUSION AND RECOMMENDATIONS.

6.1 Introduction
From the analysis and data collected, the following discussions, conclusion and recommendations were made. The responses were based on the objectives of the study. The main focus was to establish the relationship between financial risk management and financial performance of insurance companies in Mauritius.
6.2 Summary
The objective of the study was to establish the relationship between financial risk management and financial performance of insurance companies in Mauritius. Primary Data was collected from five insurance companies’ descriptive statistical test and Chi square test were carried out. From the findings, it was concluded that firm size and age have a direct impact on the financial performance of insurance companies. 77% of the respondents claimed that most of the clients take firm age and size into consideration before investing.
When asked about their preferred method to manage risk, 43% suggested that avoidance is the best solution. But they also believed that the level of risk in the organization is quite high with 38% rated it as high and 34% as very high. Furthermore they stated that they stated that the current legislation in place is not enough to protect them from risk and also the financial institutions are not operating with total independence. To prove this point, they went to on to suggest that the BAI/Bramer case was not a Ponzi scheme and that the crash of the company was inevitable after the government started to initiate actions in the place of our financial institutions.
From the Chi Square Test, it was found that most of the employees working in administrative, debt collection and sales department did not have the knowledge of financial risk management. This is quite alarming and 51% of the respondents were unaware of the FSC communiqué that is released which talks about insurance companies and risk management.
6.3 Conclusion
The study concludes that firm size and age has a positive influence on the financial performance of insurance companies in Mauritius.
From the finding of the study, we found that only people working in the management and risk department have the knowledge of risk management. Furthermore, the majority of the employees believes that there too much of government interference in the investigation process of our financial investigations and our current legislation is not enough to prevent financial risk.
The study also found that the level of risk in the organizations is quite high, thus concludes that government policies have a direct impact on the financial performance of insurance companies.
6.4 Policy Recommendations
From the finding the study recommends that there is need for insurance companies in Mauritius to manage the financial risk as it was found that financial risk negatively affects their financial performance.
The study also recommends that there is need for insurance companies in Mauritius to increase their size through increase in their assets base as it was found that an increase in size would lead to increase in their financial performance.
There is also the need to have an independent financial institution and amended legislations in order to improve the financial performance of insurance companies. Every insurance company must have a Risk Committee whereby they will investigate the risk level and look for solutions to improve the financial performance. The Risk Committee can be set up by the FSC, where their qualified officers visit the insurance companies and investigate on the level of risk and provide their valuable feedback. But moving forward, the financial institutions need to work independently and to make this possible, it will be better that the FSC reports to the DPP instead of the Minister of Good Governance.
Another recommendation is to provide courses to all level of employees on risk management. The government can provide his help here by organizing events to talk about risk management. Or else the insurance companies can invest further in their employees by providing their most qualified employees scholarship to study risk management. In this way, the employees will be more motivated and consequently the financial performance of the company will improve.
6.5 Limitations of the Study
The study was limited to precision of data as primary data was collected and the majority of the employees did not have the knowledge of risk management. So their views might be biased. The insurance companies were not willing to provide the secondary data which are the company’s financial reports.
The time lapse of the study was for 6 months which is quite limited. A period of five years would have been more appropriate.

6.6 Areas for Further Research
The study sought to establish the relationship between financial risk and financial performance of insurance companies in Mauritius, the study also recommends a further study to be done on the relationship between financial risk management and financial performance of insurance companies in Mauritius. This can be done by the government and by the setting up of a Fact Finding Committee to do further research. The study should be done on the determinants of financial performance of insurance companies in Mauritius.

1. color strongly micisible in water and

1. Introduction The compounds which are used to color the different products in industry are complex organic dyes. These industries are might be of the textiles, cosmetics, paper, rubber, printing, food, and leather industries. The major cause of water pollution is the dye which containing effluents. There are basically three types of dyes and these are named as anionic dyes, cationic dyes, non-ionic dyes have acidic properties, they are bright in color strongly micisible in water and because of that it is not easy to remove it from water. 10,000 tones dyes used in textile industry every year about 10-25 dyes loose in dyeing processes in all over the world. These effluents can be possible effluent to animal life and marine life. Methods which are being used to remove these effluents from water like physical, chemical, and biological technological methods 1. When it comes to the simplicity of design during the treatment of wastewater adsorption is most convenient method as it is the most efficient physical separation technique because the availability of adsorbent on cheap standards and easy to operate. Since few last decades one method is also gaining attention this is the commercial activated carbon adsorbents and seeks to various cost effective sustainable alternatives. A lot of review articles have been written which are very concerned about the removal of dyes and these articles are much helpful in collecting the date and to compile regarding to the removal of dyes by using different parameters and various adsorbents.The available literature were managed according to the usage of various seperation techniques like biological, chemical, physio chemical. Various physiochemical processes parameters were observed to view the dye adsorption mechanism. Treatment of wastewater observed by the no scientists like Robinson et al, Banet et al, Cooper et al, Pokher viraaghavan, Gupta and Sahas all of these researchers concluded that adsorption is one of the best methods in comparison of all other technique. The exploration of the feasibility of dried banana peel waste as cheap adsorbent. with respect to different parameters such as acid violet dye removal capacity with starting concentration at various doses time and Ph. Banana peel as low cost adsorbent obtained from local fruit stall is main concern now. literature reveals that the banana peel has strong capacity for the removal of dyes from water. A lot of dyes and their break down products may be hazardous for living organism so thats why colour removal of dyes is an important feature of wastewater treatment before its disposal . Acid violet dye Empirical formula C20H16N4Na2O9S2 molecular weight 566.47 Chemical formula of acid violet dye 2.Dyes Dyes are those substance which can impart their specific color to other substances. Good fastness to washing, heat and light dye when applied to a fabric. In 1856 an English chemist Perkin prepare aniline purple, tyrian purple, he observed when it prepare quinine and obtain bluish substance ten synthetic dye manufacturing start. Eighteen year old porcine set successfully production line and this concept spread in no time in market and in result different new dyes were appeared. Water contaminated by high production of the dyes. When applied in aquas solution dyes required a mordant to enhance the fastness on the fiber. Colors are appeared both in case of pigment and dye due to both absorb some part of wavelength or light. Pigment has no affinity for the substrate and generally are imiscible while on the bases of salt used dye get precipitated to Form the pigment like aluminum slake, barium lake and calcium lake pigments. 2.1. Classification of dyes and their sources Dyes are mainly derived from natural sources and no chemical treatment is involve in all 2. Dyes derived from plant sources are and they are indigo and saffron, insects which are basically used are cochineal beetles lac scale insects, animal sources are extracted from some species of mollusks or shellfish, minerals are ferrous sulfate. Dyes are chemicals, and they usually bind with a material who will impart color to them. As dyes have three classes such as ionic, aromatic organic compounds having structures including aryl rings, which have delocalized electron systems. Color of dye is just because of the presence of a chromophore group. A chromophores is a radical configuration containing conjugated double bonds consisting electrons which have delocalization and the chemistry of Chromogen is stated as, aromatic structure usually consisting benzene, naphthalene or anthracene rings, is part of a Chromogen chromophore structure along with an auxochrome. The presence of ionizing groups labeled as auxochromes and it shows its effects in much stronger alteration of the maximum absorption of the compound and provides a bonding affinity. Direct result of the production of the dye arises the colored dyes waste and because of its use in the textile and other industries. 100,000 and more than that dyes are available commercially with over 7 x 10 5 of dyes produced annually worldwide 3-4 Table 1.1 Sources of dye and their uses Group of dyesUses Direct Cellulosic, blends and cotton Vat dyes Cotton, cellulosic and blend Acid dyes Synthetic fiber, leather, wool, silk Azoic Pigments and printing inks Dispersed dyes Synthetic fibers Organic pigments Blended fabrics, paper, cotton, cellulosic Basic Wool, cotton, silk 2.2. Uses and application of acid violet dye Dyes are mostly used inso many industries and they are listed such as textile, rubber, paper, plastic, cosmetic industry etc. Acid dyes are basically used for synthetic fibres, wool, silk. In all of these various industries, textile got first rank in usage of dyes which provide color to fiber. The convectional biological treatment process is observed as less useful in treating a dyes wastewater, due to low biodegradation of dyes. It is mostly treated by physical or it is treated with the chemical processes 5.Acid dyes produced more uniform color because acid dyes containing bright-colored synthetic organic compound. 3. Harmful effects of dyes on living things. 3.1 Effects on human health Acid dyes have usage in textile have severe effects on workers by damaging their health. large amount of water and chemicals observed in usage for wet processing in textile indusrty. The chemical reagents wich are used in textile industry are very diverse in chemical composition like having different composition, ranging from inorganic compounds to polymers and to the organic products5-6. while presence of very least concentrations of dyes in wastewater which containing dyes is highly visible and undesirable 7. The light colored, water soluble reactive and acid dyes are seemed to be problematic, as they can easily pass through conventional treatment systems unaffected while treating 8. Almost 10 of the known 2400 substances are found to textile related declared as the alarming to human health. These textile related substances are all functional chemicals, and they are expected to be present in the final article at relatively high concentrations, and include azo dyes of direct and acid application type and fragrance. There may also be other types of substances that can be of potential risk to living things like auxiliary chemicals and impurities/degradation products. The identified azo dyes of direct application type have properties that are associated with an enhanced risk of cancer and developmental effects, whereas identified azo dyes of acid application type and fragrances also have risk of allergy. The screening study also identified many skin sensitizing substances (skin allergens) and Some substances with sensitizing properties also have harmonized classification, but when it compared with the substances of very high concern they are not as strictly restricted in the current EU legislation. Risk reduction measures for these substances should be taken on serious note, either in the current REACH legislation or new legislation9. 3.3Effects on plants A large number of acid violet dyes have escaped into the environment due to the backwards dye manufacturing dye producing technology. About 384,000 of waste by manufacturing industries generate each year and it lead absorb by the soil. The acid dyes effects the plant growth in so many ways like it can directly interrupt to the photosynthetic rate and decreases its activity. When dye containing water get penetrated by the soil it decreases the soils activity too. 3.4. Effects on aquatic life. Acid dye containing undesired dye colors and toxins to water that have the adverse effects on the microbial life and algal photosynthetic rate by altering the pH and damaging the aquatic life. High concentrations of fabric dyes in water our bodies prevent the reoxygenation potential of the receiving water and cut-off daylight, thereby scary biological activity in aquatic lifestyles and also the photosynthesis procedure of aquatic flowers or algae. The polluting results of dyes against aquatic surroundings can also poisonous effects due to their long time presence in surroundings, accumulation in sediments specially in fishes or different aquatic life paperwork, decomposition of pollution in carcinogenic or mutagenic compounds and also low cardio biodegradability 10. 4. Methods for removal of dye from wastewater. . The synthetic dye elimination become studied in a complete detail with physiochemical strategies including coagulation, ultrafiltration, electrochemical adsorption and picture oxidation. Among all f those physiochemical techniques, adsorption is a widely used for elimination of dyes from wastewater. Activated carbon is considered as the maximum extensively used adsorbent for adsorption because it has a high ability for adsorption of colour however it cannot be used on wide scale because of its high fee 11 when it comes to stipulation of design efficiency of dye separation and total cost each separation method has their own separate limitations . 4.1 Adsorption. In all of the method, for the removal of dyes adsorption is found to be the most effective method and is used mostly in removal methods. In adsorption to produce a thin film over an adsorbents ions molecules and atoms of adsorbate transfer and adhere the surface area of adsorbent in the process of adsorption. physical adsorption is also called physiosorption controlled by physical forces like hydrophobicity, static interaction, dipole interaction, hydrogen bonding, wander wall fprces and polarity12.the intensity of adsorption depends on such as adsorbate molecular structure, polarity, weight, size, concentration. In the adsorption process, surface properties charge, area, particle size also take part. To perform this operation insensitive to toxic substances, design should be simple. Adsorption is the best available methods for the waste water treatment as compared to other methods. In the dyes removal the commercial activated carbon can also be utilized but due to so much it is avoided. Moreover ad.CAC solid waste, Agricultural solid waste based activated carbon and clay agricultural solids are various adsorbents which can be used for dyes removal 13-14.Adsorptionis the process in which that the mass removal of a material (adsorbate) from fluid or gas phase takes place on to the solid boundary (adsorbent) and become adhered by physically or chemically 15. Therefore, nature of adsorption can be physical or chemical and includes both 16. Transfer of electrons is momentary as compared to a chemical bond between the adsorbate and adsorbent. In method the forces of attractions are weak. Adsorption process applications Purifications separations -Removal of organic gases from N2/O2 vent gases – Acetone from vent stream -So2 from vent gases -C2H4 from vent -Ho2 from air, methane, N2, -normal paraffin/iso parrafins -Removal of solvent, odors from air -CO, CO2.CH4,Ar from hydrogen -Nox from N2 -Organic from water solution -normal paraffin from iso parrafins – Water from organic solution -normal paraffin from olefins -Decourization Adsorption methods take place through the following steps (i)Transfer of mass molecules move to the outside of the adsorbent granules of adsorbent. (ii) Particle diffusion molecules moves into the adsorbent pores (iii) Adsorption by physical and chemical method Adsorption ability depends on the properties of both the adsorbent and adsorbate. It also depends upon nature of the adsorbate in liquid solution, and environment like pH of the solution , and time. With respect to its cleanness and high efficiency property adsorption is found as a superior technology. Adsorption processes due to their eligibility are almost used in all industries, and as a result the majority calculated 17. Choice of an adsorbent is the first point in the usage of an adsorption unit. Many other adsorbents will be utilized for the purification of industrial water. Activated carbon is adsorbent and has confirmed to be very effective for the removal of heavy metals. However, the treated carbon for waste water management is not applicable because high price related with the renewal as the losses occured in actual process. McKay and Carvalho used treated carbon to remove impurites from wastewater and other workers reported on the usage of zeolites in wastewater conduct. In addition, the use of different adsorbents such as synthetic polymeric and silica based adsorbents Lam has been reported 18. Methods for the removal of dye from waste water. 4.2 Physical and chemical methods. Physical techniques hooked up on coagulationflocculation of dyes are beneficial for the removal of mainly sulphur and disperse dyes, however they possess very low coagulationflocculation potential for acid, direct, reactive and vat dyes. Along with, the low color amount removal efficiency and large amount of wastes produced limits the implementation of these strategies 20. To make the method more cheap and viable, a few researchers use low cost adsorbent materials like peat, bentonite clay, fly ash, polymeric resins, ion exchangers and many biological materials such as, corn/maize cobs, maize stalks, and wheat straw for the color removal of dye wastewater 21. However, the sensible uses of these adsorbents has been limited with the aid of problems related with their regeneration or disposal, excessive sludge manufacturing, low effectiveness with reference to big variety of dyes and high value 22-23. . 4.3 Filtration methods Methods like ultra-filtration, nano-filtration and reverse osmosis have been applied for water reuse and chemical recovery. In the fabric enterprise, the use of membranes gives powerful opportunities for the separation of hydrolyzed dyestuffs and that at a time lessen the shade, BOD and COD of wastewater, and that they have additionally been set up useful for cleansing it. With this purpose, the choice of the technique and porosity of the clear out based upon the chemical composition of the wastewater and the unique temperature required for the approach 24. 4.4 Chemical oxidation methods. To produce the degradation of dye molecules, special oxidizing agents, including ozone (O3), hydrogen peroxide (H2O2) and permanganate (MnO4) may be used. Adjustment within the chemical composition of a compound or a group of compounds happens within the presence of these oxidizing marketers, and for this reason the dye molecules end up at risk of destruction 25. Another method Ozonation has been executed to be powerful due to its easy and excessive reactivity with many azo dyes, the dearth of alteration of the reaction quantity due to its gaseous country, and desirable coloration elimination efficiencies 26. In superior oxidation procedures (AOP) (photochemical and photograph catalytic), oxidizing sellers like O3 and H2O2 or heterogeneous photo catalysts are utilized with catalysts, along with TiO2, ZnO2, Mn and Fe, in the presence or absence of an irradiation material which produces (OH) radicals for the degradation of hazardous dye pollution 27-28. A brief overview of the various physical/chemical approaches for handling with dye wastewater described above indicates that all of those tactics have a few limitations, which include being economically fallacious, not able to absolutely adsorb the recalcitrant azo dyes and/or their natural metabolites due to the colour fastness, stability and resistance of azo dyes to decomposition 29. producing a huge quantity that may cause other pollution problems increasing the cost of these methods and involving complicated procedures30. 4.5 Biological methods. Bioremediation or the usage of microbial strategies to cope with pollutants is a chief studies portion inside the environmental sciences. In such methods microbes get used to a certain weather themselves to the poisonous wastes and new resistant traces produce obviously, which then exchange various poisonous chemical compounds into less harmful shapes. The process at the back of the biodegradation of those compounds within the microbial unit is hooked up on the overall performance of biotransformation catalysts 31. Many biotechnological methods have advanced interest with relating to handling azo dye pollutants in an powerful way, chiefly with the use of bacteria and often in coupling with physicochemical processes. Azo dyes are sudden in nature and reluctant to biodegradation and using microbial or catalytic remedy approach for the total decolorization and biodegradation of such dyes from fabric effluent. It has the following advantages (1) Eco friendly, (2) Economically feasible (3) Producing less waste, (4) Yielding finished products that are not harmful and (5) Demanding less water usage as compared to physicochemical methods 32-33. 6) can be applies frequently on smaller waste flow. 7) Non reactive dyes and concentrated compounds can be reused. Disadvantages Flux refuse, replacement of modules, regular cleaning, membrane fouling are the disadvantages of this technique34-35. Table. Advantages and disadvantages of absorption process Physical/ chemical methods Disadvantages Advantages Ozonation Half life is short (30min)It is for gaseous stateOxidation Require high energyRapid processPhotochemical High costNo sludge producedElectrochemical High cost electricityNon hazardousIon exchange Used only some dyesNo loss of adsorbentMembrane filtrations Concentrated productUse for all dyesElectro kinetic Very expensiveEconomically feasibleAdsorption Adsorbent requires disposalWide range Why Adsorption Simple Low capital and operating costs Can have good physical properties Adsorbents are easily available Chapter 2 Literature survey Chapter 2 Literature Review. Sivaraj, R et al., (2001) Researched the viability of orange peel in adsorbing Corrosive violet 17 from fluid arrangements and concentrated as a element of disturbance time, adsorbent measurements, starting color fixation and pH. The adsorption takes after each Langmuir and Freundlich. Harmony time stated to be eighty min for 10, 20, 30 and 40 mg/L, shade fixation one after the other. A greatest expulsion of 87 was discovered at pH 2.Zero for an adsorbent measurements of six hundred mg/50 ml of 10 mg/L coloration attention.The adsorption limit Q0 become 19.88 mg/g at beginning pH 6.3. Adsorption increments with increment in pH. Most intense desorption of 60 turned into effectively performed in water medium at pH 10.0 36. Namasivayam, C et al., (2011) It is inspected that waste red mud acquired while the handling of bauxite metal has been occurring and utilized for the adsorption of corrosive violet at various beginning color fixations fomentation time, adsorbent measurements and pH (2-11). Adsorption obeyed Langmuir and Freundlich isotherms. At pH 4.1. was obtaind as quantitative evacuation of color trial thinks about demonstrate that particle trade is principle purpose behind the adsorption 37. Mane, R S et al., (2012) In the paper bio-adsorbents banana and orange peel were utilized for expulsion of shading from squander emanating of material industry. The materials were gotten and treated for the expulsion of shading at various dosages and these materials likewise assessed for the evacuation of shading at various pH and time. The materials are much fit for expelling shading from squander water, their shading expulsion limit with regards to banana peel and orange peel is 87 68 individually at typical pH and temperature conditions. The trial adsorption information obeyed Langmuir and Freundlich 38. Hanafiah, M A et al (2015) The evacuation of Corrosive Violet 7 (AV 7) by adsorption onto chitosan-glutaraldehyde (chitosan-GLA) globules was explored under group adsorption strategy. Primary nearness of working gatherings like presence of amino (- NH2) and hydroxyl (- Goodness) bunches as the dynamic destinations on chitosan-GLA globules was affirmed by Fourier Change Infra-Red (FTIR) spectrometer. Adsorption energy took after the pseudo-second-arrange active model, and the adsorption isotherm think about demonstrated balance information by Langmuir isotherm display 39. Anjaneya, O et al., (2009) Research center examination of the potential utilization of Penicillium sp. as biosorbents for the expulsion of corrosive violet color from watery arrangement was contemplated regarding pH, Temperature, biosorbents, introductory color focuses. Adsorption motor information were tried utilizing pseudo-first-arrange, pseudo-second-arrange and active examinations demonstrated that the biosorption procedure takes after pseudo-first-arrange rate energy with a normal rate steady of 0.312 min_1 Langmuir parameter showed a most extreme adsorption. Limit of 4.32 mg g_1 for corrosive violet and RL estimation of 0.377 40. Gupta, V. K et al.,(2009) Researched the developing interest for productive and minimal effort treatment strategies and the significance of adsorption has offered ascend to ease elective adsorbents (LCAs). This audit features and gives a diagram of these LCAs including regular, mechanical and engineered materials/squanders and their application for colors evacuation. Whats more, different strategies utilized for color expulsion from water and wastewater are likewise gone along in a nutshell. From a far reaching writing survey, it was discovered that some LCAs, notwithstanding having wide accessibility, have quick energy and obvious adsorption limits as well 42 Namasivayam, C et al., (1998) The adsorption of direct red and corrosive splendid blue by squander banana essence was researched by changing the unsettling time, color fixation, adsorbent measurements and pH. The adsorption took after both Langmuir and Freundlich isotherms. The adsorption limit was 592 and 442 mg color for every gram of the adsorbent for coordinate red and corrosive splendid blue, separately. Adsorption of color took after first-arrange energy 42. Amela, K et al., (2012) The biosorbent was artificially altered. To specified practical gatherings keeping in mind the end goal to decide their commitment to the adsorption of colors. Fourier change infrared (FTIR) was explored. Active examination is likewise done to watch the impacts of different process parameters. The most extreme estimation of adsorption capacities with respect to actuated banana peel (ABP) was 19,671 mg/g and 18,647 mg/g for characteristic banana peel (NBP) at pH 4 8, 20C 44. Saratale, R. G et al., (2011) A shape of artificial dyestuffs released thru the textile enterprise pose a risk to environmental safety.Azo dyes account for the general public of all dyestuffs, produced because of the reality they will be notably used inside the textile, paper, food, leather-based, cosmetics and pharmaceutical industries. Existing effluent remedy approaches arent capable of do away with recalcitrant azo dyes without a doubt from effluents because of their color fastness, stability and resistance to degradation. Bacterial decolorization and degradation of azo dyes. The enzymatic mechanisms worried within the bacterial degradation of azo dyes, the identification of metabolites through using numerous analytical strategies, and the character in their toxicity has been investigated 45. Rafatullah, M et al., (2010) In this article, its miles studied that using low-price adsorbents for the removal of methylene blue (MB) from solution . Adsorption techniques are extensively used to remove sure training of pollution from waters, especially the ones which arent with out issues biodegradable. The removal of methylene blue, as a pollutant, from waste waters of fabric, paper, printing and exceptional industries has been addressed with the aid of manner of the researchers. The motive of this assessment article is to prepare the scattered available statistics on numerous additives on a huge variety of doubtlessly low-fee adsorbents for methylene blue removal. These embody agricultural wastes, industrial stable wastes, biomass, clays minerals and zeolites. Agricultural waste substances being quite green, low fee and renewable source of biomass can be exploited for MB remediation. Literature survey of approximately 185 these days published papers that low-price adsorbents have confirmed exceptional elimination capabilities for methylene blue46. Yagub, M. T et al., (2014) In this review article the authors provided up to-date improvement at the application of adsorption inside the removal of dyes from aqueous solution. This evaluation article offers awesome literature data approximately dyes, its elegance and toxicity, diverse treatment methods, and dye adsorption traits by means of diverse adsorbents. One of the dreams of this evaluation article is to prepare the scattered available information on numerous additives on a enormous variety of possibly powerful adsorbents inside the removal of dyes. Dye bearing waste remedy by means of using adsorption using low price opportunity adsorbent is a disturbing vicinity as it has double benefits i.E. Water remedy and waste management. Activated carbon from biomass has the gain of supplying an effected low fee alternative for non-renewable coal primarily based granular activated carbon furnished that they have comparable or higher adsorption on efficiency. The effectiveness of diverse adsorbents beneath different physio-chemical system parameters and their comparative adsorption capability within the direction of dye adsorption has additionally been offered. This review paper additionally consists of the affective adsorption factors of dye along with answer pH, initial dye attention, adsorbent dosage, and temperature 47. Vakili, M. et al., (2014) Chitosan based adsorbents have acquired loads of attention for adsorption of dyes. Various adjustments of this polysaccharide have been investigated to improve the adsorption homes in addition to mechanical and bodily traits of chitosan. This evaluate paper discusses fundamental research subjects associated with chitosan and its derivatives for utility in the elimination of dyes from water. Modification of chitosan modifications the original properties of this fabric in order that it could be more suitable for adsorption of various sorts of dye. Many chitosan derivatives had been acquired through chemical and bodily adjustments of raw chitosan that consist of pass-linking, grafting and impregnation of the chitosan backbone. Better information of these types and their affinity in the direction of specific varieties of dye can assist future studies to be properly orientated to address information gaps in this location.This evaluate affords higher opportunity for researchers to better discover the potential of chitosan-derived adsorbents for removal of a great type of dyes.48. AbduRehman, F.B et al., (2013) Used distinctive approaches to shade the products used in composites knit enterprise. Even at low attention the presence of nowadays are unwanted and visibly as orange peel became used as an adsorbent additionally made it as a general method for waste water remedy in enterprise. Experiment become additionally completed in the laboratory with the c programming language of different doses and after the examines it at specific PH. Results indicates that noteworthy the orange peel capability is low however not lesser then the other to be had adasorbent 49. Hameed, B,H et al., (2008) The capability of coconut bunch waste (CBW), an agricultural waste to be had in big quantity in Malaysia, to dispose of fundamental dye (methylene blue) from aqueous answer by way of using adsorption changed into studied. Batch mode experiments have been carried out at 30 C to look at the results of pH and initial consciousness of methylene blue (MB). Equilibrium adsorption isotherms and kinetics have been investigated. The experimental information have been analyzed by using the use of the Langmuir, Freundlich and adsorption isotherm records were prepared nicely to Langmuir isotherm and the monolayer adsorption functionality became decided to be 70.Ninety two mg/g at 30 C. The kinetic records obtained at great concentrations were analyzed using a pseudo-first-order, pseudo-2nd-order equation and intraparticle diffusion equation. The experimental information geared up very well the pseudo-2nd-order kinetic version 50. Ponnusami , v et al., (2009) The capability of coconut bunch waste (CBW), an agricultural waste to be had in big quantity in Malaysia, to dispose of fundamental dye (methylene blue) from aqueous answer by way of using adsorption changed into studied. Batch mode experiments have been carried out at 30 C to look at the results of pH and initial consciousness of methylene blue (MB). Equilibrium adsorption isotherms and kinetics have been investigated. The experimental information have been analyzed by using the use of the Langmuir, Freundlich and adsorption isotherm records were prepared nicely to Langmuir isotherm and the monolayer adsorption functionality became decided to be 70.Ninety two mg/g at 30 C. The kinetic records obtained at great concentrations were analyzed using a pseudo-first-order, pseudo-2nd-order equation and intraparticle diffusion equation. The experimental information geared up very well the pseudo-2nd-order kinetic version 51. Immich and ulson et al., (2009) Reviewed that the elimination of dyes observed in business effluent has acquired incredible hobby inside the past few years. This is in part due to developing environmental focus and the implementation of ever stricter environmental regulations. However, a few remedies for shade elimination from those effluents do not guarantee the absence of different secondary toxic materials, often originating from the treatment device itself. The aim of this study is to assess the toxicity diploma of the adsorbent Neem, applied in adsorption techniques for color removal, dye answer earlier than and after the adsorption process.. Thus, its miles endorsed that the leaf extract is eliminated previous to effluent treatment, because the results of this study indicate that this will reduce the toxicity of the effluent and additionally enhance the efficiency of the adsorption method 52. Filho Consolin et al., (2007) The adsorption kinetics and equilibrium of methylene blue (MB) onto reticulated formic lignin (RFL) from sugar cane bagasse become studied. The adsorption manner is pH, temperature and ionic power () dependent and obeys the Langmuir model. Conditions for better adsorption fee and capability have been determined. The quicker adsorption (12 hours) and better adsorption functionality (34.20 mg.G-1) have been discovered at pH 5.Eight (acetic acid-sodium acetate aqueous buffer), 50 C and zero.1 ionic electricity. Under temperature (50 C) control and occasional mechanical stirring it took from 1 to 10 days to reach the equilibrium 55. Malik,P.K et al., (2003) Activated carbons, organized from low-fee mahogany sawdust and rice husk have been carried out as the adsorbents for the removal of acid dyes from aqueous solution. An acid dye, Acid Yellow 36 has been used as the adsorbate. Results show that a pH rate of three is favourable for the adsorption of acid dye. The isothermal records can be properly described by means of the Langmuir and Freundlich equations. Kinetic parameters of adsorption collectively with the Langergren pseudo-first-order normal and the intraparticle diffusion fee regular have been determined. For the prevailing adsorption machine, intraparticle diffusion of dye molecule inside the particle has been identified to be charge proscribing. The adsorption capacities of sawdust carbon (SDC) and rice husk carbon (RHC) have been discovered to be 183.8 mg and 86.9 mg in keeping with g of the adsorbent respectively. The consequences imply that SDC and RHC can be hired as low-value alternatives to industrial activated carbon in wastewater remedy for the elimination of acid dyes 56. Gong,R. Ding el al., (2005) Investigated the removal of acidic dye from aqueous solution using low cost biosorbents. Biosorption of the elimination of fundamental dyes have been experimented by means of using organized powder of peanut hull. Optimum experimental condition were decided on experimental values e.G, touch time, particle length, dosage ion power dye concentration and initial Ph. At 2.0 ph the studied dye eliminated successfully. The isotherm records for biosorption cross in the back of Langmuir and frandlich models. It become confirmed that the biosorption manner became pseudo first order charge of kinetics. This observe outcomes indicates that powder peanut hull became an awesome searching applicant for doing away with anionic dye from waste water 58. Shukla, A. et al., (2002) Eliminated contaminants from water the usage of sawdust as an adsorbent material. Organic fabric removes chemical materials, heavy metals, poisonous salts, and dyes very successfully. Articles affords a brief survey of the position of substances in role of sawdust in elimination of waste water contaminants. Adsorption mechanism , favorable conditions, influencing factors , of different pollutants on sawdust changed into also discussed 59. Sharma, P . et al., (2011) reviewed the good adsorption capacity of some treated adsorbents, their adsorption capacities for crystal violet dye, basic red dye, congo red dye, rhodamine B, and methylene blue at high ph dependent conditions. The paper provided the list of easily available, easy to dispose off, safe to handle and low cost adsorbents then on the basis of their availability they are classified into five different classes (1) natural inorganic material (92) plant waste (3) waste material from agricultural waste industry (4) fruit waste and (5) bioadsorbent. Paper also reviewed the adsorbents ecofriendly, applicable easily, naturally available low cost material to remove dyes from waste water by adsorption treatment60. Dulman and Cucu-Manz., (2009) investigated the percentage of color removal of six different dyes named as direct brown, Direct brown 2, Direct green, Reactive red, Basic blue. It was found that by increasing PH the percentage of removal of dye was decreases. Direct brown 2 and direct brown removed maximum at ph 3 but increases ph above 10 decreases the adsorption. Sorption of basic blue was maximum 97 at pH of 4. It was noticed that removal percentage of hydrolyzed dye was high61. Royer, B et al (2009) The Brazilian pine-organic product shell (Araucaria angustifolia) is a nourishment deposit, which was utilized in common and carbonized shapes, as minimal effort adsorbents for the evacuation of methylene blue (MB) from watery arrangements. Compound treatment of Brazilian pine-natural product shell (PW), with sulfuric corrosive created a non-enacted carbonaceous material (C-PW). Both PW and C-PW were tried as ease adsorbents for the expulsion of MB from watery effluents. It was watched that C-PW leaded to a wonderful increment in the particular surface region, normal permeable volume, and normal permeable distance across of the adsorbent when contrasted with PW. The impacts of shaking time, adsorbent measurement and pH on adsorption limit were considered. In fundamental pH district (pH 8.5) the adsorption of MB was positive. The contact time required to acquire the harmony was 6 and 4 h at 25 C, utilizing PW and C-PW as adsorbents, separately. In view of blunder work esteems (Ferror) the dynamic information were better fitted to fractionary-arrange motor model when contrasted with pseudo-first request, pseudo-second request, and chemisorption active models. The harmony information were fitted to Langmuir, Freundlich, Sips and Redlich Peterson isotherm models. For MB color the harmony information were better fitted to the Sips isotherm display utilizing PW and C-PW as adsorbents 63. Kalotra S. et al., (2014) Material ventures expend huge measure of water. It delivers exceptionally shaded wastewater. The nature of water is enormously impacted by the shading. Material wastewater needs appropriate treatment before released into the earth. Material colors are harmful, cancer-causing in nature and this makes a significant issue living creatures. Adsorption think about was led for the evacuation of Reactive Black 5 onto Cloisite 15A. Adsorption of RB5 was very influenced by contact time, pH, adsorbent measurements and starting color focus. The adsorbent measurements think about was reached by taking C0 100 mg/l at characteristic pH and T 303 K. The pH contemplate was done in the underlying pH run (pHi) of 3 to 11 at 303K with ideal adsorbent dose (0.35g/l). HCl or NaOH was utilized to modify the pH of RB5 arrangement. To consider the impact of time the harmony tests were performed at different color fixation (C0 50 to 300 mg/l), mad 0.35 g/l and at ideal pHopts. Pseudo first request and second request demonstrate were utilized to contemplate the motor models. It was discovered that all the test information fitted well in the second request dynamic model. Three balance isotherms were examined Langmuir, Freundlich and Temkin isotherm. The isothermal investigations were performed at various C0 esteems ranges from 50 to 300 mg/L with ideal adsorbent dose and at ideal pH and the outcome demonstrates that the procedure is endothermic in nature 64. pavan F.A et al., 2008. The elimination of colour from aquatic structures because of presence of artificial dyes is particularly important from the environmental perspective due to the truth maximum of these dyes are poisonous, mutagenic and carcinogenic. In this present take a look at, the yellow passion fruit (Passiflora edulis Sims. F. Flavicarpa Degener) peel a powdered strong waste, have become tested as an alternative low-fee adsorbent for the removal of a number one dye, methylene blue (MB), from aqueous solutions. Adsorption of MB onto this natural adsorbent become studied thru batch adsorption isotherms at room temperature. The outcomes of shaking time and pH on adsorption potential were studied. An alkaline pH become favorable for the adsorption of MB. The contact time required to attain the maximum adsorption changed into 56 h at 25 C. Yellow passion fruit peel can be used as an opportunity adsorbent to get rid of MB from aqueous solutions 65. Chapter 3 3. EXPERIMENTAL WORK One of the major pollutants of water is the industrial effluents. Aquatic organism life is affected by many of carcinogenic dyes. Major effluents in the form of azo dyes produced by textile industries are very difficult to remove them. Acid violet dyes are carcinogenic and mutagenic. Reactive dyes are larger in size.The growth rate of acidic dyes are far greater than the conventional dyes throughout the world. They have effectively use for cotton wool, and silk are the class of reactive dyes called vinyl sulfone dyes. But after their trademark name due to which they were introduced they are known as Remazol dyes.The most important factor of Remazol red dyes is that they are not reactive then other dyes and most of the part of same type of dyes are drained with water and remain the part of water. After the dyeing process approximately 30 of dye remains in the dye bath. A lot of pollution in water is created these days by the presence of one of the most effective and cheapest technique is adsorption. Different adsorbents such as orange peel, charcoal, crushed bricks, banana peel and silica are used for the removal of color from water. Banana peel is observed as being most effective natural bioadsorbent for the removal of acid violet dye from contaminated water. 3.1 Material 3.1.1 List of apparatus and instruments used In the experiment glassware (conical flask, pipettes, measuring cylinders, beakers etc.) were used. And all other instruments and apparatus were used are shown below in table 3.1 List of apparatus and instruments used InstrumentsFunction TypeOvenTo dry the sample ShivakiElectronic weight balancETo measure weightSartiousShakerTo shake the samples of dye solutionIncubatorUv/vis spectrophotometerAbsorbance752PH meterTo check pHPicoHot plateAs stand alone applianceStuart 3.1.2 Banana peel as an adsorbent The removal of color from waste water by coagulation, flocculation, photo oxidation , ultra filtration, flocculation, nano filtration, were very expensive. Now a days biological, chemical and physical methods are used to remove textile waste water dyes. But all these methods are not friendly and cost effective. So the adsorption methods were applied from last some years as an alternative technique. It has a number of benefits to other methods while use adsorbent is done according to its availability, its nature, and its environment friendly behavior and cost effectiveness. Low molecular weighted compound, like cellulosic pectin, lignin are present in banana peel. These compounds present in banana peel removes dyes in a very efficient way. Banana peel was used for its non toxicity, its abundance in nature and for its biodegradability. The Banana peel can be used for removal of acid violet dyes from the waste water and increasing use of agro based bioadsorbent can be seen in coming decade for removal of dyes from wastewater. Banana peel have good potential as a low cost adsorbent for improving the effectiveness of waste water treatment. 3.1.3 Activation of banana peel Removal of a acid dye, acid violet dye, from an aqueous solution was studied by biosorption on dried banana peel waste. The biosorbent was chemically modified. To mentioned functional groups in order to determine their contribution to the adsorption of dyes. Fourier transform infrared (FTIR) was investigated. Kinetic study is also carried out to observe the effects of various process parameters. The maximum values of adsorption capacities for activated banana peel (ABP) was 19,671mg/g and 18,647mg/g for natural banana peel (NBP) at pH 4 8, 20C. The results follow kinetic of pseudo second-order rate equation. The suitability of the adsorbent was tested by fitting the adsorption data with four isotherms, namely Freundlich, Langmuir. The characteristic parameters for each isotherm have been determined. The Freundlich equation represented the best fit of experimental data for activated banana peel (ABP) than the other isotherm equations, and Langmuir equation described the adsorption of natural biosorbent (NBP). It was observed that activated banana peel was a suitable adsorbent than other for removal of acid violet dye from aqueous solutions. Chemical nature of banana peel Banana peels are composed of nutritive chemicals, minerals, and nonnutritive chemicals. Banana peels have both highly beneficial and highly dangerous constituents and can be manipulated to serve both as a remedy and a poison. Figure3.2 3.3 Preparation of adsorbent banana peel flow sheet chart diagram 3.4 sample collection From a local fruit stall orange peel were collected and waste water was collected from a knittinf industry which contain acid violet dye and other dyes. 3.5 Methods 3.5.1 Procedure for stock solution Ce final dye concentration W adsorbent amount V volume of solution 3.6.1 Standard solution preparation A very common dye acid violet dye taken accurately in 100 mg quantity and dissolved in 1L distilled water . if more solution is require it will take from mother solution by diluting it with distilled water. Addition of 0.1 M of acetic acid the Ph was adjusted. 3.6.2 Adsorption study Various effects of contact time , ph values, and amount of adsorbent were studied by batch adsorption technique. In the procedure first of all take 25 ml of sample waste water and an amount of adsorbent was added to sample after that this solution was mixed with the help of a magnetic stirrer to obtain adsorption. By using filter paper adsorbent was removed from solution .by the use of uv/vis spectrometer absorbance of the supernatant solution was measured. 4.1 physical properties of banana peel Table 4.1 physical properties of banana peel Characteristics Assessment Size of particles150Surface area 5.7Pores diameter99.9Pore volume0.105Pores area 2.4Density of bulk0.85PZC3.8 4.1.2 Effect of adsorbate By changing the concentration of dye solution the result of adsorption of dye by adsorbent banana peel will be change. The range of initial concentration of dye(10-50mgL). The result is shown fig. EMBED Excel.Chart.8 s Figure 4.1.2 Removal of acid violet dye for different initial conc, when ph is 7 Particle size was 150 micrometer, contact time was 15 minutes Adsorbent dose was 0.1 and temperature was 25c. 4.1.3 Effect of adsorbent amount Different amount of adsorbent (0.1 to 0.5 g) was added in 10 ppm solution acid violet dye aqueous solution and shake it well for 15 minutes. It was noted that by increasing the amount of adsorbent dye adsorption is increased and at the end reached constant value. Figure. 4.1.3 Removal of acid violet dye for different doseof adsorbent, Particle size was 150 micrometer, initial conc was 10ppm Contact time was 15 minutes, and temperature was25O. 4. 1.4 Effect of contact time The efficiency of adsorbent was checked by time taken for separation of dye from water. 0.1 g of adsorbent was added in acid violet dye at 240c each time and it was found that initially color increases and then decreases after passing some time. This result shows that the active site on adsorbent are occupied and adsorption rate was reduced. This contact time was observed from 5 to 25 minutes and shaked constantly. Fig. 4.1.4 Removal of acid violet dye for different contact time, when Ph was 7, Particle size was 150 micro meter, initial conc was 10 ppm Adsorbent dose was 0.1g and temperature was 25oC. 4.1.5 Effect of temperature The age removal of dye by affect of temperature was studied at different temperature ranges its value was 20 0C to 80 0C. Other parameters kept constant like amount of absorbent, pH, time contact, initial concentration of adsorbate. The results shows that the maximum age removal was 99.26 at 80 0C. By increasing temperature age removal increase. Figure 4.1.5 removal of acid violet dye for different temperatures,When ph was 7 , particle size was 150 mirometer, initial concentration of solution was 10ppm and amount of adsorbent kept 0.1g for each. 4.1.6 Effect of PH Figure 4.1.7 removal of acid violet dye for different ph Temperature was kept 25c, initial conc. Was 10ppm Amount of adsorbent was kept 0.1g Adsorption isotherm By the help of adsorption isotherm we conclude the amount of adsorbate which is adsorbed between two phases liquids and solids during the adsorption process. The Langmuir isotherm is a perfect model which is used to show the experimental values of adsorption process. By this process we can examine of different dye concentration. The maximum adsorption was takes place at 0.6gm of adsorbent amount , ph was 7 and time is 120 min. According to Langmuir monolayer adsorption is taking place at homogenous surface. It is represented by the equation. 1/qe 1/b.qmax ce 1/qmax Where ce dye concentration (mgl-1) Qe dye which is absorbed by adsorbent, mgg-1 Qm and Ka are constant of Langmuir their values can be determined by above equation. A graph was plotted between1/qe and 1/Ce. the constant qm and ka can be calculated by linear plot. The slope of following graph is equival to to (1/qm ka) when it intercepts 1/qm. The Langmuir isotherm get a superior fit for the experiment values. By changing the concentration of equilibrium data the amount of adsorbent was applied to Langmuir adsorption isotherm model. EMBED Excel.Chart.8 s Figure 4.1.8 Langmuir isotherm for acid violet dye on banana peel When initial concentration of dye was 10mg/L , ph was 7, and temperature was 25c. Figure 4.1.9 data obtained from Langmuir isotherm for acid violet dye Adsorbent Dye name R2Qm Mg/gKa Mg/LBanana peel Acid violet dye0.911.80.026 References Gomez, V., Larrechi, M. S., Callao, M. P. (2007). 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Removal of methylene blue dye from aqueous solutions by adsorption using yellow passion fruit peel as adsorbent.Bioresource technology,99(8), 3162-3165. 66 Pavan, F. A., Dias, S. L., Lima, E. C., Benvenutti, E. V. (2008). Removal of Congo red from aqueous solution by anilinepropylsilica xerogel.Dyes and Pigments,76(1), 64-69. Grounded peels were saved for further utilization Dried banana peels were grind with blender Dried again in oven at temperature of 70 for approximately 5 hours Pieces were washed with distilled water Dried in sunlight for 3 days and cut in small pieces Took banana peel from local market PAGE MERGEFORMAT 50 j5pfUgVYKf-6Ymdv kkk [email protected] vvv9c B B 7KvyiDtvd5 SSSW_V4ZiYCDNNNNSsuF)RTM7U0Dr TJko91cZlUUMyTTTVtZIt-OuWGGBURkMZ.Y.Y.0
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