Introduction to law and press law

Introduction to law and press law

• Suman Acharya

Law is social obligation, norms, values and ethics accepted by society and legalize it by government of any nation. So various nation have various law and regulation. Likewise law and regulation composed for media sector to make it as controlling mechanism is consisted within the framework of press law.  Although it has already proved that tyrannical and autocrat government can't help to thrive the media sector and always want to use media as a mouthpiece and medium of propaganda but democratic government helps to flourish and endorse the media sector to pave the way for better future of nation and to avoid all kinds of evil thing of society. However various legal expert and school of thought have given the definition of law in various ways. For example: -

i.                    Positive school of thought;

          According to this School of thought," Law is the command of sovereignty." To be law, legislator has to ratify it to legalize any provision. Nor it can't be any legal provision.

ii.                  Historical school of thought;

            According to this thought," law isn't made but found." Man doesn't create Law but man codifies an issue existent in given society historically to monitor society including establishment of peace, order and justice in society.

iii. Sociological thought;

            According to this thought, "law is the social engineering". Law is completely social value, norms, order, and ritual, which are evolved for social monitoring purpose.

Iv.      Socialist concept;

            According to this concept, "law is the instrument of exploitation". Here, bourgeois people are used to make law only for the exploitation of Proletarian people. This concept is evolved on the basis of Marxism.

v.                   Naturalist concept;

            According to this concept, "law is the dictate of reason". Law is the command of nature or god or this concept is based on religious perspective. Nature determines what to do and what not to do itself.

vi.                 Realist school;

            According to this concept, "law is the practice of court". It accepts the role of all body of democratic society like executive, legislative and judiciary body equally. It follows the judiciary autonomous and rule of law. No other body can disturb court in its own decision on the basis of existent law.

So press law is the branch of law to regulate and govern the press. That includes all constitution, act, regulation, bill, ordinance, order etc. that are made to restrict the press like other branches of law. So press law is the standard of measurement of basic human right