‘Journalism’ in its concrete form of expression has grown in its power over a period of time. The fundamental aim of journalism is to serve the people of the nation, with views, news, information and comments. The matters of this news and information must be related to public interest, in a very accurate, fair, decent and unbiased manner and simple language. The mandate of the Press Council of India is to ensure that the standards of media are maintained, by building up a moral code of conduct for it.

Media or the press is considered the ‘Fourth Pillar’ of the society. After the other three pillars: The Legislature, the Executive and the Judiciary, it stands to be entrusted with the task of ensuring legality of all actions and government decisions. If any kind of media or print exceeds its jurisdiction, the Supreme Court has the power to ensure that the violation of Fundamental Rights does not go unchecked [1]. The code and conduct for the media is followed by all the journalists, in every circumstances.  

INTRODUCTION

Despite the growth of technology and in the numbers of newspapers, TV channels, web space; the Freedom of speech and expression remains the most important fundamental right as enshrined in the Article 19 (1)(a) of the Indian Constitution. It includes the right to press as well. The powerful media is the cornerstone of free and democratic country. Such is the power of the Journalists that has the ability to mobilize the minds and thinking process of millions.

The Journalists are the medium to express the views of the public and to bring the injustices of society forth by giving the suggestions for correction, in a country. But, they also are responsible for building opinions and having instrumental views on certain issues of public interests at national, international and regional levels. The media acts as a watchdog of the functionaries of the society and attempts to bring forth the wrongs or infringements in the system.

However, to enjoy all the privileges, the media has to maintain the following of certain mandates and ethics, in the process of collecting and disseminating the information, while ensuring its authenticity and with the acceptable language only. The fairness and objectivity in reporting the information, data or news must be continued throughout. Keeping in mind the need of the society and the effect that the data can make. The sense of professionalism and universally recognised norms, must be maintained by the Journalists.

With the great power and importance in the society, comes the great responsible, of being accountable professionally for the reports and information shared with the public. There are some TV channels that in race of increasing their TRP ratings, resort to sensationalized journalism, in a long way to earn the competitive edge over others. There is a common sighting of reports of sting operations these days, as they are a part of the pace at which media is evolving.  This tool is used by the media, to highlight the enormous need of ‘responsible Journalism’.

RIGHT TO PRIVACY vs. STING OPERATIONS

In the beginning the television channels, promoted the series with investigation, using the hidden cameras and other espionage device tools. Then, the technology advancement gave the birth to special miniaturised audio and video technology tools. They were wireless and with efficient proximity signals and single battery use. The over-commercialization has led to the more inquisitive nature of the media.

If we take the law enforcement into consideration then, the sting operations are the operations designed to catch an offender or a person who has committed a crime by means of deception. Whereas, a typical sting operation requires the presence of a law-enforcement officer or cooperative member of the society, to get proof of the suspect’s actions and evidence for the same. These sting operations may come under the right to free press but, carries an wilful duty to respect the right to privacy of others.

In case of Kharak Singh vs. Uttar Pradesh and Others [2], the Apex Court observed that even though, our Constitution does not expressly declare the right to privacy as a fundamental right but, it comes under the purview of right to personal liberty. This is case in which right to privacy was invoked to challenge the surveillance of an accused individual, by the police. And, later in the case of Gobind vs. State of Madhya Pradesh and Another [3], the right to privacy was fully incorporated under the expansion umbrella of the Article 21 of right to life and personal liberty, enshrined in our constitution. The Supreme Court observed that the police officers were fringing rights unconstitutionally.

CONDUCT FOR THE JOURNALISTS

The Press Council of India is the body of that mandates the mechanism for the regulation and maintenance of the Press. It guarantees that the media will function effectively and by securing the right of freedom of expression, which will be unhindered by all authorities, individuals and organised bodies. The basic concept of self-regulation of the media was articulated by the eminent journalist, Mahatma Gandhi, “The sole aim of journalism should be to serve the people”.

The press has to follow the norms of conduct mandated by the Press Council of India [4]. It has to ensure the accuracy in the publication and avoid all distorted or misleading materials. They are not allowed to set forth any sort of humours or unjustified facts. All of their data and information must be backed by rock evidences and irrefutable facts. They are mandated to stay fair and not emotional while publishing the data. But, a journalist cannot be compelled to perform professional act, without his conscience [5].

There are provisions specially for the defaulters, who indulge in defamatory writings. Newspapers and magazine journalists are advised to pre-verify their works, as there must be some assurance for the true belief of evidences. Even, truth is no exception for defamatory publication or writings. The sole duty of the journalists is to serve the people of the nation and avoiding all types of personal judgements and remarks while, they publish something in public interest.

PARAMETERS FOR JUSTICE

The government, local authorities and other governmental institutions are not allowed to bring charge of defamation against the reports that are critical of their functioning or conduct of discharging their duties. The local bodies and the Centre are not entitled to bring any civil or criminal action, in regarding to the defamation by any article or report that questions their acts unless the official establishes that the said publication was made with intention of disregard or reckless truth,

However, the Judiciary is protected by the power to punish for the contempt of court. Moreover, the Parliament and the Legislature are protected under the statutory provisions mentioned under Article 105 and 194 of the Indian Constitution, represents as an exception to this rule. the set of investigation journalists are always recommended to not display or leak their sources of information beforehand but, they are said to be responsible for the accuracy of it.

The enactments and provisions such as The Official Secrets Act, 1923 have the force by the law, to bind the media or press though, there is no present law to prohibit or impose prior restraint upon the media, by the public officials or the state. The Act mandates the media to not invade the privacy of any individual or intrude their personal life, unless they are outweighed by the principles to override this because of the public interest. Furthermore, the anonymity of individuals reporting the crimes like rape, murder or kidnapping must be maintained in order to, protect the personal character of the victim from being published into the public.

The Press Council Act, 1978 is an Act that establishes a Press Council, for the sole purpose of protecting and preserving the freedom of press or the media. It also maintains the standards of newspaper and other media reporting tools and improves them, for better and efficient reporting in India. The significance of all the publications by the journalists are at hand for the right of citizens, to be informed and alerted about the trending issues dealt by the government.

CONCLUSION

The Right to Information activists have reported many attacks on them and kills in the past few years. This indicates the danger that the Journalists face, to write and report the information and data of public interest. thus, the need to protect journalists and their sources is of prime importance for the government and the statute. The privacy is important to protect and preserve the unwanted intrusion and create suitable boundaries for one’s personal space.

The main responsibility of a journalist is to report the information, news or views, in a truthful, unbiased and accurate manner. The importance of work is correlated to the standards of codes set for moral offset. The only thing to be taken into consideration is the perspective of the audience and the accurate consideration of their publication. Media plays an important role in the society as it is the source of voice for the entire public. The journalists work in public domain and thus, have to follow some stringent code of conduct towards society.

The need for updating the code and conduct for the journalists cannot be undermined anymore. There must be a complete understanding of the responsibilities and the accountability of the journalists while, they perform their moral and social duty. However, the standards for publishing any sort of information are sufficient and they cover all the necessary possibilities of future extent as well. The confidence and the skills ability of the media must not be deterred completely but, should be promoted with reasonability, ensuring some restrictions and not absolutely free.

REFERENCES

 ·          BIBLIOGRAPHY  http://www.legalserviceindia.com/articles/fre_pre_v.htm

·         Gobind vs State Of Madhya Pradesh And Anr. (Supreme Court of India 1975).

·         Kaul, S.  Rights of Journalists and Press Freedom. Research Journal Social Sciences.

·         Kharak Singh vs The State Of U. P., 1295 (Supreme Court of India 1963).

·         Legal Defense of Journalists by Human Rights Law Network. : https://hrln.org/litigation/legal-defense-of-journalists

·         Norms of Journalistic Conduct.: http://presscouncil.nic.in/OldWebsite/NORMS-2010.pdf

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In this rapidly changing socio-economic conditions of the country like India, the role of press/media has gained its prominent place, in the society. The symbol of a free society is reflected in its provision of Free Speech. It is an inherent and inviolable right of the citizens and a viable symbol of a democratic country. It is a basic right available for all the citizens, regardless of their religious, ethnic, cultural, political and social backgrounds. Thus, freedom of speech is integral and alienable at all levels of the society.

Other aspect comes into reality, in cases when the freedom of speech is imposed with certain restrictions, unfair criticisms, rumours or comments, that are circulated in the entire society. But, media is considered as one of the important justice pillars of the society. It stands with all the other pillars like the Legislature, Executive and the Judiciary being the other ones. These pillars of society are entrusted to ensure legality of all actions and decisions. Media is often referred as ‘The Fourth Estate’[1] and it has to operate within the statutory provisions and constitutional statutes, in order to safeguard public and national interest.

INTRODUCTION

The Constitution of India guarantees the freedom of expression and speech to its citizens. It ensures that the freedom is not absolute and any word or expression or speech must not violate the statutory provisions enacted by the Legislature and are executed by the executive. If any kind of media or print exceeds its jurisdiction, the Court has the power to ensure that the violation of Fundamental Rights does not go unchecked. This is the indicator that nobody is above the law and the law is supreme.

Alexander Solzhenitsyn, a Russian novelist, philosopher and historian  rightly said that “Justice is conscience, not a personal conscience but the conscience of the whole of the Humanity” [2]. According to the criminal procedure jurisprudence, the accused or the suspect is also entitled to an unbiased and fair trial. The notion that the accused is presumed innocent, until proven guilty. However, the media today takes the interviews of the witnesses and publish and broadcast it. This has the tendency to prejudice the mind of the people in the society and somewhat the minds of the law protectors as well.

The concept of Human Rights is known in the societies since the early human civilizations. It can be traced to the age of Renaissance and the period later, to the age of enlightment of which humanity and conscience were considered the heart and soul. The entire history of the mankind is surrounded by the samples and marked by the efforts to ensure respect and dignity fir human beings. The struggle against the socio-economic, political injustices and the recognition of Human Rights have been a fundamental part of the Human societies.

Human Rights are referred to as the basic rights that every human being is subtitled to and must enjoy and have them protected at any cost. it is defined as the right relating to life, equality, liberty and most importantly, dignity of each and every individual, as guaranteed by our constitution. These rights are a birth right and are not only of national importance but, have been recognised internationally as well. The rights that are the agreed values, morals, principles, belief that regulate the conduct of a state and all its citizen and non-citizen.

The Media is the greatest spokesperson of Freedom of Speech and Expression and the Freedom of Information. However, at times media is regarded as the worst violator of the privacy rights as well, through the investigation journalism. The media must be prevented from doing further violation of the human rights and must be guided by compulsion of self-restraint, to protect the further loss of life.

ROLE OF MEDIA[3]

The simple understanding of the right to freedom of speech is the concept of being able to express views or speak freely, without any restrictions. Every individual has the right to freedom of speech and expression, this right must include the freedom to receive, seek or impart any information and all kinds of ideas, regardless of the mode of getting it [4]. The violation of these rights or abuse of human rights has been regarded as one of the causes of the armed conflicts in the contemporary world. Whereas, it has made the protection and security of the human rights as one of the major issues of concerns in elements of peace-keeping.

It is only in the late 20^th century and the period of early 21^st century, that the Media Trial became popular among the societies. It was to describe the impact of audio, writing, prints and visual coverage on another person’s reputation, by creating a widespread perception of remorse regardless of the judgement by the court of law. As the number of the Media Trials increase, it increases the risks of higher criminal cases and a danger to the fair, free Judicial process that abides by the Constitution of India. The heart of our free and unbiased judicial system is the Right to a fair trial.

The prime purpose of the guarantee of free media is to create it as the institution, that is outside the government and keeps additional check on the three organs of the government. It keeps a check on the activities of the organs and ensure that any default is not being made. Since, the contemporary media has undergone many tremendous changes whether be in terms of its style, font or approach, has now widened its base by including of many technological sources like television broadcasting etc. These days, the sensitization of the media and the news is of prime importance, to ensure the measure of success in the field of journalism.

STATUTORY PROVISIONS[5]

Freedom of Press is not specifically mentioned under Part III of the Indian Constitution. Though, the provisions of the Constitution under the Article 19 includes, the freedom of speech and expression. It states that it includes the right to freedom of press/media, including the e-Media as well. The term ‘Media’ includes print media, internet, audio visual media, mobile, blogs, publishing and mass media [6]. However, the Article 19(2) of the Constitution does not refer to ‘administration of the justice’ but, interference of administration of justice amounts to criminal contempt. Article 14 to 17 deals with the protection of Right to life, Right to protection from the arbitrary arrest and detention and protection from inhumane treatment.

The Right to life, liberty and security of a person is enshrined in Article 21 of the Indian Constitution but, the privacy is not included in this very section. In one of the most early cases of press freedom namely, Romesh Thapper vs. State of Madras [7], Justice Patanjali Shastri underlined the special and integral role of the media in a democratic organisation in a society. In this case, the Supreme Court held that the ‘Freedom’ includes the freedom of Media and their publishing as well. In the other case of LIC vs. Manubhai Shah [8], the Apex Court restated that Article 19 (1)(a) that includes freedom of speech and expression, must be broadly incorporate the freedom to circulate one’s thoughts or views, by the way of mouth or in writing or through any sort of media.

The Article 8 of the Vienna Declaration and the Programme of Action mandates that the international organisations and communities should support the promotion and strengthening of democracy, respect and the overall development of the Human Rights and also, the fundamental rights, in the entire world. Thus, the universalization of the importance of Human Rights is now a social and political fact. The United Nations Charter, 1945 initiated a programme recognising the notion of Human Rights universally. The United Nations confers on the security Council the primary responsibility for the maintenance of international security and maintain peace, under the Article 24 of the Charter.

CONFLICT BETWEEN THE MEDIA AND THE RIGHTS

Media basically act as medium of communicator between the people and the news. It has the duty to inform the issues of the decisions that they take on different news, without spreading any sort of misinformation, to all the individuals in the society. As it has a large viewership, it has the capacity to educate, affect, persuade, entertain or motivate the people of the country. The entire value must be put on the importance of reason and not emotions or personal statements. With the widening of the boundaries of the societies, the media has embraced its position in all corners of the world. The problem that is faced by the society is the multiplied complexities because of the assumptions.

Media is the only institution that is strongly independent enough, to furnish all the true information and the plans of the future by the government to all citizens of the country. In Printers (Mysore) Ltd. vs. CTO[9], the Supreme Court held that though, the freedom of press is not expressly mentioned and guaranteed as the fundamental right. But, it is to implicit in the fold of the freedom of speech and expression under the Article 19 of the Indian Constitution.

The trial by the media often creates huge problems as it involves a tug of war between the free press and free trial, that are two very conflicting principles [10]. The entire foundation of the free media is based on the rights of the individuals, in a democracy. The ‘Right to Free Trial’ is a trial that ensures that it is uninfluenced from all kinds of pressures and therefore, it was considered as the basic doctrine of the principles of justice in India. The Articles 129 and 215 of the Indian Constitution guarantees this right for all individuals in the country.

The Media increases its rights by publishing the prejudicial information like the publication of confessions, which are the direct tools or the keys that reflect upon the merits of the case. Thus, the most suitable way to regulate the media, will be to exercise the jurisdiction of the court in order to, punish the ones who violate the basic code of conduct of law in the society. It is regarded that without free speech, no justice is possible. Hence, it is a necessity at it will help in fighting injustice and oppression as a matter of fact.

Moreover, the freedom of speech is important at all levels of the society and government as well. As, the government will get the opportunity, to redress the grievances of all the citizens in the country. Due to the rapid developments in the information technology, the government is now more accessible to all the electronic media, far more than the early communication channels. Though, the right to freedom of speech and expression is a globally accepted phenomena but, it must not be confused with the right to instigate violence or hatred.

CONCLUSION

The freedom of Press/Media carries different ideas for different individuals. However, there must be some sort of restrictions or boundaries to its freedom, as the rights are not completely absolute. The realistic discussion comes with the concerns, where these boundaries must be set, at what level they must be restricted. Media act as a catalyst that help to make the public participation meaningful for the democracy of the country. Thus, media plays a vital role in moulding the minds and the opinions of the society.

Further, the media plays an indispensable role in a democratic country like India. All the pillars of the government must function independently, in order to avoid the intrusion of the functions of others. The legislation must perform its great responsibility of making laws on fair trial but, without curtailing the freedom of the media. As, the media trials do abate the purpose of justice sometimes and it is not necessary to shut them completely out of the light. The confrontation between the free media and free trial has clearly generated a lot of intensive scrutiny and accelerating tensions. The Constitution of India has laid down many restrictions and certain freedom provisions but, out of all the most relevant is the Right to freedom of speech and expression, for all individuals in the country.

To conclude, no matter what country we come from, we all are human beings basically, the same beings that have similar needs and concerns. Thus, the term ‘Human Rights’ is significant to all of us, living in a democratic country. The cultural and the socio-economic rights are indispensable factors, for the sustainable expansion of development and rights thus, not possible without the Human Rights.

REFERENCES

·          BIBLIOGRAPHY https://legaldesire.com/role-of-media-in-democracy/

·         https://www.lawctopus.com/academike/media-trials-india/

·         Brij Bhushan v. State of Delhi (Supreme Court of India 1950).

·         Jha, N. ; Constitutionality of Media Trials in India.

·         Nashter, G. ; (2018) Media and democracy – legal prospective. International Journal of Law, 15-19.

·         Sinha, A. ;  Media Trial from the Lens of Indian Constitution and Judiciary.

The post Human Rights and Media Trial appeared first on Legal Desire Media and Insights.

With the growth of technology and e-commerce, new aspects of disputes with diverse nature, have surfaced the virtual world. These cultural, political, social and commercial disputes or conflicts, often involve parties or individuals that belong to different jurisdictions or territories. The disputes could arise between individuals of different State as well. In such a scenario, the Courts of another jurisdiction are way off the reach, for the individual of another territory.

The Online Dispute resolution (ODR) neutralises the situation for both the parties, by making a software or the application of it, as the third component and to conduct this online, seems to be a practical and viable solution in such a case. It is essentially a dispute resolution process, which utilises network based, Information Communication technology (ICT) to resolve disputes. It is the substitute for the traditional method of face to face dispute resolution, like processes such as arbitration, negotiation or mediation.

INTRODUCTION 

At the beginning, the Online Dispute Resolution process only aimed at focussing towards providing us, the online dispute resolution platform but where, the actual mediators were humans that solve the disputes and conflicts. Though, the idea of ODR was a new one but, the concept and application of it, was very similar to the traditional approaches of dispute resolution.

However, the concept of Online Dispute Resolution outgrew its initial model and was transformed to a system, which solves all kinds of disputes arising in the community, through the mode of technology or the online applications. The function of the ODR modified to such system, that combined the dispute resolution with the scope of prevention of disputes later as well.

The virtual world of Cyberspace is well acknowledged by everyone and the internet is the best preferred means, for interaction globally[1]. In such a world, contrary to the conventional methods of litigation, the ODR is the best option that provides a practicable solution. The parties or individuals involved in this ODR process, have to submit the required or estimated amount online, which is promised to be kept confidential.

The independent regulations and rules of the ODR service provider may be changed or applied to the request of an independent judge’s panel, by the parties for settling their disputes. Also, there is no permanent system or prescribed method yet, for reporting the number of individuals that are currently using the ODR. Similarly, there is no record or lists of the system, that offer the online method for reporting disputes.

PROCEDURE OF THE ODR

The procedure of ODR entails the e-documents, where parties may use encryption, electric signatures, to ensure security and safeguard integrity of all the documents and payment transactions details. Generally, the individuals or parties of the case, prefer a structured and clear process, of dispute resolution. This process is definite and simple as well, institutions like WIPO, ICC and many others have established provisions of online dispute resolution through mediation and other methods.

If the respondent consents to take the part in the process, he has to submit a detailed set of his replies. Whereas, the complainant, who files the complaint seek the remedies, to get compensation. The dispute resolution process, may or may not include oral hearing via video conferencing or telephonic conversation. There may be a possibility, where automated software resolves the dispute and there is no need of appointing a third party.

The most important components required for application of the ODR are existence of advanced technology, user friendly interface, trained professionals and above all, the maintenance of privacy and security of information of the disputants. With the principles of infrastructure, affordability, accessibility, expertise, trust and convenience, it tries to attract more users and services over time. Unlike the other ADR processes, ODR sought to present, as a tool to ‘real world setting’ with more efficiency.

SUPPORT FROM INDIAN LEGAL SYSTEM

The Indian legal framework has its support to the ODR process, from Section 89 of the Code of Civil Procedure, 1908, that promotes the dispute resolution between parties and alternative ways for it. Whereas, the Section 5 of the Information Technology Act, 2000 permits legal recognition of the use of electronic signatures and e-records.

Rules 1A to 1C of Order10, were inserted that made the Courts settle with one or other Alternative Dispute Resolution (ADR) methods, for settlements, when called upon for resolution by the parties[2]. The Section 7(3) of the Arbitration Act provides that agreement must be in writing but, if both parties agree to the arbitration dispute resolution by ODR service provider, it will be considered valid, in the court of law.

In the case of State of Maharashtra vs. Dr. Praful B. Desai [3], the Supreme Court held that the Video Conferencing will be an acceptable method and source of recording evidence, for the testimony of the witness. The Supreme Court in the case, Grid Corporation of Orissa Ltd. vs. AES Corporation [4], held that if an successful and effective consultation can be achieved through the electronic resources and modes like video conferencing etc. then, both the parties may not be required to sit together, at the same place, unless it’s a case where this may be the requirement of the law or such ruling contract, as between the parties.

So, both the legal framework and the precedents laid by the Supreme Court of India, are in support of the use of online community, that is the technology for the resolution of disputes. As a matter of fact, they encourage the use of Online Dispute Resolution (ODR) processes for such cases. Thus, this is a more approachable and time efficient source, when compared to the traditional methods of litigation.

CHALLENGES IN IMPLEMENTATION OF ODR

The paramount concerns of the parties for confidentiality and securing data protection, continues to grow. And, not all the individuals are technologically equipped, this may result as a big hindrance for the growth of the ODR processes. Critics may hold these points, against the aspect of ODR. Also, the challenge is the usage of language, in the ODR platforms. Currently, most ODR service platforms use English but, for the non-speakers, it can be difficult to express the accurate information and avoiding miscommunication.

Another barrier could be the bridge of communication between the parties and the mediator. The ODR with text based mediation and arbitration, may make it easy for the mediators but takes a lot time for accessing. Another question of concern, for the ODR is the enforceability of these online arbitration processes and their outcomes. The jurisdiction of these ODR providers are not fixed and hence, people question the safety and security of their information, which is entrusted to them. 

Even the most well operated and highly designed ODR system, cannot eliminate the digital divide between the different sections of people in society. Though, the ODR platforms provide us with many opportunities, that try to increase the access rate of justice. But, there will always be the high needs of the justice users, with limited capacity of interaction, no matter which form of justice they opt for.

SCOPE OF ODR [5]

India has restricted its support to the ODR process in a limited way. When it comes to the disputes related to e-commerce, online transactions and online shopping, India is moving gradually in accepting the possibility of the ODR as the method of resolution. Since the beginning of the 21^st century, the applicability and dimension of internet has grown, at a high rate with results of rapid evolution. ODR has a long lasting impact, when it comes to fast and effective manner, to the disposal of dispute cases.

 Various new subject areas such as labour law, telecommunication law are being added to the ODR process, to increase its scope of applicability. The ODR process promises to enable ADR, to become more fast, efficient and less cost effecting. It is mandatory to refer to the regulations, regarding the alternative methods of dispute resolution, to completely analyse the legal grounds in the cases. However, if any non-binding ODR is successful then, it leads to a successful binding of a contract of settlement, between the parties that will be enforceable in the court of law.

In case of the ODR mechanisms, the technology plays a vital role, in establishing its effectiveness. Each ODR may use a different system of technology, to analyse the individualizing and giving course for the dispute. Thus, ODR is also recognised by the International organisations as well. The European Union (EU) focusses on the methods of alternative dispute resolution. The European Commission regulated its own ODR platform, which has been in operation since 2016 [6].

This new methods of alternative dispute resolution by the way of internet has gained popularity, in the countries like U.S.A, Europe and international guidelines support for the future ODR is remarkably exceptional. Thus, ODR will soon, become the way of arbitration for the entire world and the necessity for every disputant. With respect to India, the growth of technology and the trends of arbitration, have rapidly grown since the past few years.

CONCLUSION

In order to make the ODR process more appealing for the general people, the need is to first establish a connection with the people through the online community. By making them aware of the advantages and applications of the ODR process, it changes the regular way of dispute resolution for them. By including information communication technology, the online community will help the ODR, to change its way and overcome its shortcomings. It can be used in cases, where there is a default or damages in the payment method, in the dispute.

All the benefits of ODR must be communicated to the general public. Overall, the ODR is capable to resolve the real disputes, in a cost effective manner. It saves more time than the traditional dispute redressal method, which is now equipped with online technology, for a better resolution method. Through ODR, the tools for identifying options and the interests, now work in a faster and convenient manner. This process is not restricted to online disputes only, it supports the mediators and arbitrators as well, by providing them with an automated program.

The legal maxim ‘Justice delayed is justice denied’ means that if the justice is administered in more time then, it is equivalent to justice not served at all. The delay in the procedure of justice, has high costs of pitfalls. It results in the loss of faith and believe, of the people in the administration of Justice by the Indian judicial system. Thus, these alternative dispute resolution methods are fast and far better, than the traditional rigid methods, in solving disputes effectively.

REFERENCES

·          BIBLIOGRAPHY Bar and Bench: https://www.barandbench.com/columns/is-online-dispute-resolution-the-need-of-the-hour

·         M.S. Abdel Wahab, E. K. ; Online dispute resolution: Theory and practice. Eleven International Publishing, Hague (2012).

·         Mania, K. ; Online dispute resolution: The future of justice.

·         Mehta, S. ;  Is Online Dispute Resolution the need of the hour?

·         Rastogi, A. ; Online Dispute Resolution. LawTimesJournal.

·         Seth, K. ;  Online Dispute Resolution. 16.

•  http://www.legalserviceindia.com/legal/article-839-online-dispute-resolution-mechanism-prospects-and-challenges-in-india.html

•      https://www.scl.org/articles/3197-addressing-new-challenges-to-odr-implementation#:~:text=Issues%20around%20identity%2C%20confidentiality%2C%20privacy,to%20embrace%20the%20online%20world.

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The Intellectual Property (IP) is a term referred to work or inventions that are a result of some individual’s original creativity. It basically, means the legal rights arising out of an intellectual activity in any field like literary, industrial and artistic or industrial etc. It includes the results that are the creations of one’s creative mind. Prior to the General Agreement on Tariffs and Trade (GATT), the Intellectual Property and its related rights were not a subject, to any international trade negotiations. There’s a long history of the Intellectual Property, which is way complex but, also fascinating. It is traced all the way to 500 BCE, when Sybaris, a Greek State made it possible for the citizens of their state, to obtain a patent for one year, for “any new refinement in luxury”. Since, then we can conclude that Patent, Copyright and Trademark laws have become more complicated over the centuries but, the intent remains the same.

The laws and legislation procedures relating to the IPR have their roots in Europe. The trend of Patents started in the 14^th Century, they were technologically less advanced than England. However, the first ever known Copyrights appeared to be in Italy where, Venice was considered the cradle of Intellectual Property systems. While, the Patents are about 150 years old concept, as first introduction was based on, the British Patent System. To foster creativity and to ensure the possibility for the inventor to make benefits of their creativity.

Introduction to IPR

The Intellectual Property Rights (IPR) are the legal rights that are conferred as an exclusive right, to the creator or the inventor in order to, protect his invention or creation for a period of time. Originally, only patent, copyrights and trademarks of industrial design were protected under the IPR but, now it has a much wider meaning. IPR enhances technological advancement as it’s a mechanism of handling piracy, unauthorized use and infringement [1].

It gives protection to the trade secrets and undisclosed information which, are important factors in the industries and the R & D institutions. The Drugs and Pharmaceuticals are the match that requires to have a strong IP system as inventing new drugs comes with all associated risks at the developmental stage. Here, competition is driven by the scientific knowledge concepts rather than manufacturing know-how.  

The Intellectual Property Rights are the non-fundamental Human Rights which, are open to state interference to fulfil the obligations of the Human Rights. The evolution of the IPR consists of all statutorily recognised rights. The globalization of the Intellectual Property Rights has triggered the debate on the evaluation of the relationship between them and the Human Rights.

According to the IPR, the traditional knowledge is considered to be a huge part of the public regime/domain since, they don’t meet the criteria for the protection and security or the private ownership. The holders or owners/creators of the IPR have the ensured monopoly, on the usage of their item, property or research, for a specified particular amount of time.

The Intellectual property rights are important to promote and stimulate research and development. This is to ensure the rights of the individuals and organisations, the protection of their innovative ideas and research and so, they can reap the benefits of their hard work as it is extremely important, for the growth and development of humanity by, efforts of individuals.

The IP empowers enterprises, individuals or other institutes, to exclude others from having the right or using their name without the permission, with their creations/innovations. Thus, it gives the investors, a reasonable reason to return their investment, in the field of research and development. It encourages the disclosure, publication and distribution of the innovative creators, to open their discovery or creation to the public rather, then keeping it as a secret.

Types of Intellectual Property[2]

1.      Patents – A Patent is a document issued by the government office, on application request, normally to protect the rights of the new inventions, ideas or scientific processes. The Patent holders are required to pay, periodic renewal fees to the government. Therefore, the approved Patent is for a limited period of time only.

2.      Copyright – It covers all the literary and artistic works including novels, plays and poems, films, music, architectural designs or photographs etc. It deals with the rights of the intellectual creators and also, include the rights of the creator/inventor and those of performers, producers and the broadcasters as well.   

3.      Trademarks – They specifically protect the colours, sounds, designs, phrases or symbols of individual’s creative creation. It indicates trade origin and the source of the trademark owner. It gives the licensor, the ability to control the permission, marketing, financial arrangements and the quality of his products. They may be granted separately from the Patent and know-how licenses.

4.      Trade Secrets – The systems, processes, formulas, strategies or any other form of confidential information of any organisation is covered under this. This is majorly to provide these organisations, with competitive advantage in the market as they are vital in the growth of the company.

Statutory Provisions and Legislations[3]

The Rights to Intellectual property is inserted in the United Nations Declaration for the Right of Indigenous People (UNDRIP). Particularly, the Article 27 of the UNDHR states that everyone has the right to protect the material and moral interests, that are the results of any scientific, artistic or literary production of an author. The Convention Establishing the World Intellectual Property Organization (WIPO Convention) (1967), concluded in Stockholm provides, under its Article 2 (viii) that the IP shall include rights relating to fields like scientific discoveries, industrial designs, literary and artistic works etc.

There are a few international platforms and forums that work for protection and promotion of the Intellectual Property Rights, such as the World Trade Organisation and World Intellectual Property Organisation (WIPO). Furthermore, they do make new laws on IPR and analyse the ways of how these laws can guarantee the protection within the ambit of Human Rights. The Article 2 of WIPO states that IP should include the rights related to the commercial names, literary and artistic works, trademarks and designs against the unfair competition. The importance of the Intellectual Property was first recognised by the Paris Convention for the Protection of Intellectual property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both these treaties were originally administered by WIPO.

In India, other laws protecting and promoting Intellectual Property Rights are recognised under the legislative statute, such as: –

·         The Geographical Indications of Goods (Registration & Protection) Act, 1999

·         The Patents Act (1970)

·         The Trade and Merchandise Marks Act, 1958.

·         The Designs Act, 2000

·         The Copyright Act, 1957

World Intellectual Property Organisation (WIPO)[4]

The World Intellectual Property Organisation or WIPO is a specialized agency of the United Nations (UN) that was created in 1967 and is headquartered in Geneva, Switzerland. It was created to encourage the intellectual property (IP) protection and to promote the creative activities, all over the world. In simple basis, it is a global organization body that provides global forum for IP services, policies, cooperation and information. There is a strength of 192 members and the motto of the organisation is to promote creative activities and protect intellectual property, all across the world. As far as our country is concerned, India is a signatory member of the WIPO organisation.

WIPO is a self-sufficient and self-funded agency of the United Nations (UN). The organisations dedicated in working out the balance and developing the accessibility of the IP system then, also reward for creativity and innovation. Hence, safeguarding the economic development while protecting the public interests. The signature feature of the organisation is that it implements administrative functions as discussed in the Berne and Paris Unions. It assists the development of the campaigns, to improve IP protection in the world. Further, it also conducts research and publishes the results of the IP development in the various countries.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1995 is an international agreement, among the member countries of the World Trade Organisation (WTO). It is related to the aspects of Intellectual Property Rights and sought to standardise the rules and regulations and laws related to the Intellectual property laws. It provides a uniform degree of preservation and protection of the Intellectual property of the citizens of all the member countries and the general public. It mandates that there must not be any discrimination between the intellectual properties created by any citizen of the member countries, to the TRIP’s. this provides a minimum standard of protection for the IP hence, the domestic laws of a country can provide a higher degree of protection, on their own.

Why promote and protect Intellectual Property?

There are several reasons for promoting and protecting the intellectual property and its related rights [5].

1.      Progress of humanity and the moral good benefit of them, remains in the ability to create and invent new works in the field of technology and culture.

2.      It encourages distribution, publication, and disclosure of the creation to the public for their benefit, rather than keeping it a secret and a personal establishment.

3.      The promotion and protection of intellectual Property can promote economic development and it may also, generate new jobs and industries. It could improve the quality of life, with the latest new innovations, inventions and creativity.

4.      They increase the market value of the creators or innovator’s business. It generates huge incomes through the licensing, selling or the commercializing of their products. So, improving the stock market and increasing the profits.

5.      The creative and intellectual ideas are converted into profitable assets. The products/services can be commercially successful and may benefit a lot of individuals in the societies, across the globe as it increases the export opportunities for the business.

Evolution and Scope of the IPR

The WIPO Programme in the year 1998-99 budget, were initiated to address the growing concerns related to the Intellectual Property Rights, of the indigenous knowledge holders. The Intellectual Property gave rise to duties, specifically for the owner of the IP that are certain functions to be performed by them, in relation to their work or products. The various laws that come under the ambit of Intellectual property umbrella did not emerge or evolve together and they are as a fact, quite dissimilar in many aspects. Thus, the international treaties and agreements promote the intellectual workers and labours and bring together all the related laws of IP together.

The Intellectual Property Rights are distinguished from other rights because of the nature of intangibility. It ensures the Right to Sue or take any legal action against the person, who gains unauthorised access to his creation or innovation against the property. The scope of the Intellectual Property Rights is a broad one. They help in balancing the nature of innovator’s interest and the benefit of the public by, providing them an environment where, innovation, invention and creativity can flourish to the highest and can benefit all. The Intellectual Property systems have a common form of internal appeal procedure against the violators of IPR.

Apart, from the initiatives of Government for training judicial officers in matters such as IPR matters, the laws are also, updated and amended to provide the efficient speedy trials to the citizens. Like in India, The Cell for IPR Promotion and Management (CIPAM), which is a government body works with WIPO and the National Judicial Academy (NJA), India, for organising training sessions and sensitisation programmes on IPR’s for the High Court and District Court judges. Thus, ensuring that the law system has a greater understanding on matters like IPR and its assertion in the society [6]. The National Intellectual Property Rights (IPR) Policy, 2016 was a vision project of Indian government, to guide the future developments of the Intellectual Property and its Rights in the country. It seemed to place an institutional mechanism for implementation and monitoring of developments in global as well as national IPR’s.

Conclusion

The obvious is that the management of the Intellectual Property and its related rights have a multidimensional aspect. So, they require new strategies and different action plans, to be aligned with the national and international practices and treaties. As, it is not just restricted to the national level but, has moved to be driven by the international organisations as well. These Intellectual Property Rights hold and guarantee the monopoly rights and temporary privileges to their holders. The different forms of Intellectual Property Rights, need the different handling, planning, treatment and strategies of persons involved, with different domain of knowledge among the individuals.

Intellectual Property and its related rights are surely influenced by the market needs and responses, the commercial value of the cost involved, in the transplantation of the IP. Basically, there is a need that every industry must evolve its own IP policies and strategies. Since, the challenges to IPR are unavoidable possibilities as, there must be some invalid IPR, Antitrust laws and hence, the need to ensure that the laws are lawfully asserted and maintained, established within the industries. These laws protect the release of new ideas and aims to guarantee the advancements from the ideas, to their original creators/innovators/inventors. Some progress has been made, over the years in understanding and documenting the interactions of the IPR’s with the policy provisions in the country.

It is evident that the Intellectual property is the solution to the inappropriate claims of property rights, such as the private property conflicts with social restricted benefits of public access. The main objective of the Intellectual Property Rights, is to safeguard the producers and creators of the innovative goods and services by, granting them certain time bound rights to control the use and regulation of their products. The leading rapid technology with the age of globalization has given rise to the fierce competition. Thus, protection and guarantee of the rights against the infringements of the innovations, creations and findings, must be associated with the IPR’s through Patents, Trademarks, Copyrights etc.

References

·          BIBLIOGRAPHY Convention Establishing the World Intellectual Property Organization: https://www.wipo.int/treaties/en/convention/summary_wipo_convention.html

·         London, W. J. (2001). Intellectual property rights in the WTO and developing countries. Kluwer Law International.

·         WIPO Intellectual Property: https://www.wipo.int/edocs/pubdocs/en/intproperty/489/wipo_pub_489.pdf

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