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Advertising & Media Law
The age and pace of Mass Media call for a structured Advertising & Media Law. The steep increase in media platforms invoke issues such as that of Right to privacy, Net Neutrality, Fake Advertisements, Regulatory Standards etc. Earlier, media used to be in control of the government, however, Globalisation brought a change. Today, freedom of speech and expression is being celebrated by the media houses. Advertising & Media has been playing a major role in questioning the social and political arrangements as it acts both as a watch-dog and a whistle-blower. To ensure non-biased and true representation of the facts, media houses themselves require a watch-dog, and, therefore, Advertising & Media Law comes into the picture.
Subjects dealt by our Advertising & Media Lawyers in Dehradun:
1. Censorship of Literary, Music, or, Motion Picture:
India, especially the Bollywood Film Industry, is the largest film producer in the world which releases films in many languages. For the purpose of the Film Industry, there is The Cinematographic Act, 1952 which regulates the process of censorship and certification for films. In K.A. Abbas case, Apex court recognized the need to discuss the constitutional protection of free speech in Media for the first time. The subsequent conclusion was that a professional self-regulatory body was the need of the hour for a valid exercise of power in the interest of public morality and decency.
2. Advertisement Law
An advertisement is a symbiosis of art and facts which needs to be ethical and ought not to mislead the audience. Hence, inspired by advertising Authorities of different countries in the world; India has also formed the Advertising Standards Council of India (ASCI) to protect the customers and audience. To address disputes arising in advertisement and media, individuals and business houses often resort to the advice and support of our well-established and experienced Advertising & Media lawyers.
3. Broadcasting Law
Law on broadcasting is covered within the precincts of varied legislation and is watchful of many factors, prime ones being – maintaining the security, integrity, and, peaceful unity of the nation. Our media lawyers are well-versed in broadcasting laws and protocols and their valuable advice is sought by eminent broadcasting companies in order to keep on the right side of the law and avoid any complications.
4. Intellectual Property & Piracy:
Since piracy is the biggest threat to any artistic work released in the public domain, it becomes a prerogative upon every artist and production house to secure and safeguard their interest in artwork and production created by them. Our expert Intellectual property lawyers in Dehradun help media and advertising businesses to establish and secure their right against intellectual property created by them. Our range of services include:
- IPR registration – Patent, Trademark and Copyright
- IPR Challenge and litigation
- Contracts on IPR sale, license, or, usage
- IPR conflict of interest
- IPR revenue conflicts with agents, organizations etc.
5. Laws guiding the print media such as:
- The Newspaper (Prices and Pages) Act, 1956
- The Defense of India Act, 1962
- Press Council Act, 1978
- Civil Defence Act, 1968, etc.
These laws basically give power to the government to censor the final object that may be prejudicial to defense and civil defense, prescribe changes, regulate media houses, approve size/pages of newspapers. The government, however, sometimes misuse their power in the use of these statutes to seeking political benefits out of it.
The Apex court, in the case of the Secretary, Ministry of I&B v. CAB removed the monopoly of the government from broadcast media. The Broadcasting Code, adopted by the Fourth Asian Broadcasting Conference in 1962 listed certain principles that need to be followed by Electronic Media which is very important to the broadcasting laws.
EXPERTISE IN ADVERTISING & MEDIA LAW MATTERS:
We have a rich and varied experience in the field of Media and Advertising. The senior counsels of the law firm maintain a deep knowledge of laws related to the field and guide research and drafting teams accordingly. We believe in tailoring solutions which cover unique aspects of clients’ concerns. Our Advertising & Media lawyers remain dedicated to find distinct solutions and work on every case in a meticulous and passionate manner.
Golden Rules
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit.
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The Secretary, Ministry of Information & Broadcasting Vs Cricket Association of Bengal & Anr.
Supreme Court of India Year : 1995
ARNESH KUMAR VS STATE OF BIHAR & ANOTHER
Supreme Court of India Year : 2014
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