Freedom of press is essential for political liberty and proper functioning of

democracy
21
ST
APRIL, 2017

Indian Press Commission says, Democracy can thrive not only under the vigilant eye
of its Legislature, but also under the care and guidance of public opinion and the
press is par excellence, the vehicle through which opinion can become articulate.
Idea of freedom of speech and expression is based on First Amendment of the
Constitution of
USA.
But, India
constitution
does not
mention Article
19(1)(a) does not
expressly
mention the
liberty of press
but it has been
held that press is
included in in
the freedom of
speech and
expression.
Dr. Ambedkar, in
speech in
Constituent
Assembly FREEDOM OF PRESS
Debates (Vol. VII
980) says, The
press has no
special rights
which are not to
be given or
which are not to
be exercised by
the citizen in his
individual PRESENTED BY:
capacity. The
editor of a press ROHIT KUMAR
or the manager merely LLB 1st Year IInd Semester
exercising the right of the
expression, and therefore, no ROLL
special mention is necessary NO. 64
of the freedom of speech.
 Rohit Kumar
LLB 1st Year IInd Semester

Press not immune from general law

It has been held in various case laws that media is not immune to general law e.g.
taxation or labor laws.
Case Law Indian Express Newspaper V UOI (1984) (SC)
SC
Petitioner newspaper challenged levy of import duty on newspaper rolls, which was
exceeded to a high percentage value.
Court held, freedom of expression should not be interferred with but same time
media is not immune to general law, also rejected plea that no duty can be levied.
But held it should be up to reasonable limit and is subject to review by courts in
light of provisions of constitution.

Also, in another case Printers (Mysore) Ltd. V Assistant Commercial Tax Officer,
court held no sales tax should imposed on sale of newspaper in country. The reason
being to help sustain newspapers to be priced at price, common people could buy it.
And for this reason, advertisements are also allowed.

Right to press is not absolute

SC had held earlier - the constitutional right to freedom of speech and expression
conferred by article 19(1)(a) of the Constitution, which includes the freedom of
the Press, is not an absolute right, nor indeed does it confer any right on the Press,
to have an unrestricted access to means of information. The Press is entitled to
exercise its freedom of speech and expression by publishing a matter which does not
invade the rights of other citizens and which does not violate the sovereignty and
integrity of India, the security of the State, public order, decency and morality.

SC
Case Law Prabha Dutt V UOI (1981) (SC)
Journalists requested permission to interview of two death sentence prisoners Billa
and Ranga. Court held in favour of peitioners mentioning that, there is no absolute
right to information to press. If any person wants to share details and give
interview, then only it can be done. Although, in this case prisoners wanted this to
happen and law permits so they are allowed.

Issues (ambit) relating to the Freedom of Press

1. Sexually Exploitative or Obscene Material SC court in hearing for case Ajay

Goswami V Union of India mentioned, not everything adult is obscene and just
because discomfort and unpleasantness, it could not be banned. So, courts have
been careful about ensuring Obscene v only adult and releasing orders

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 Rohit Kumar
LLB 1st Year IInd Semester

2. Banning or restricting circulation There have been case where ban of entry of
certain published content in certain areas or ban of broadcasting of electronic
content have been brought. But courts have mentioned that until the contents are
not related to sedition or something done for purpose of crime against people or
society in grave, it cannot be banned.

Case Law Romesh Thappar V The State SC

of Madras (1950) (SC)
Magazine cross roads published from Bombay was stopped to be circulated in
Madras. Petirioner challenged it under Art19(1)(a) and 19(1)(g). SC held that mere
disturbance to public tranquility is not sedition. So, circulation prohibition accounts
for obstruction to freedom of speech and expression and in turn freedom of press.
Circulation to resume.

3. Fixing minimum price & number of pages of newspaper SC court in landmark

judgement opposed of existence of any such law, as against Art19(1)(a)
Landmark case being Sakal Papers Ltd. V UOI

4. Commercial Advertisements SC via various judgements had held earlier

following:
Commercial advertisements come under 19(1)(g) and not 19(1)(a), so
restrictions are possible e.g. Hamdard Dawakhana V UOI
Commercial speech is under 19(1)(a) and annot be baned e.g. Tata Press Ltd. V
Mahanagar Telephone Ltd.
Advertisements have direct connect with circulation and revenue, so cannot
be imposed an unjust ban e.g Hindustan times V State of UP

5. Pre Censorship This kind of imposition is against Art 19(1)(a) and so invalid.
E.g Brij Bhushan V state of Delhi. Only in cases where it is causing breach of
peace or causing communal disturbance it could be considered valid.e.g. Babulal
Parate V State of Maharashtra

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 Rohit Kumar
LLB 1st Year IInd Semester

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