Media and Telecommunications law as a separate area of practice is an outcome of a rapid increase in digitization, from big corporations to individual lives are affected by the issues faced in this era. Post Covid-19, the government has been making constant efforts toward the revival of the telecommunication industry and broadening its FDI policy to welcome more investment. One of the majorly affected industries in recent years by TMT laws is the E-commerce industry which factors in over a Trillion worth of transactions by billions of users as it comes under the purview of the IT Act. Similarly, the digital media industry with the new ethics code has been taken under the regulatory purview.
As a leading Media Law Firm in India KSK's expert team consults clients and assists them with cases in the following areas under TMT law:
The wide ambit of media law goes beyond the internet as a medium of communication, it encompasses every aspect of communication, including the modes and mediums of communication. The purpose of these laws is to regulate the telecommunication sector and protect the users and safeguard the rights of creators.
The Telecommunications and regulatory authority (TRAI) is the principal governing body of the telecommunication sector in India, since 1997. Similarly, the central board of film certification (CBFC) regulates the film industry.
One of the objectives of the present-day TMT laws is the protection of privacy since the Right to Privacy is a fundamental right. In congruence with IT Laws, the government has created an ecosystem of reasonable practices which refrain the external parties from extracting sensitive information from the users, if these laws are breached and right is abrogated, there are several available legal remedies, which the KSK team would be happy to help analyze.
The Cinematographic Act, 1952 provides power to CBFC, the body which provides a relevant certificate to the film industry and governs censorship of the content. Censorship of content on Televisions is regulated by the Cable television laws, the Cable regulation act of 1994. Censorship of OTT platforms is yet to be regulated by a central act.
Article 19 of the Indian Constitution provides freedom of speech and expression which is inclusive of media laws through judicial pronouncements since the right of mass media is not an explicit right.