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Media in Constitutional Framework: Significance of Freedom of Speech in Democracy: The People of
Media in Constitutional Framework: Significance of Freedom of Speech in Democracy: The People of
3. MEDIA IN CONSTITUTIONAL
FRAMEWORK
3.1. Freedom of Speech and Expression in Indian Constitution:
(2) Nothing in subclause (a) of clause (1) shall effect the operation
of any existing law, or prevent the State from making any law, in so
far as such law imposed reasonable restrictions on the exercise of
the right conferred by the said sub-clause in the interests of
sovereignty and integrity of India, the security of state, friendly
relations with foreign States, public order, decency or morality, or
in relation to contempt of court, defamation or incitement to an
offence.
14
Speiser v. Randall 357 U.S. 513
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(1) Everyone has the right to freedom of expression. This right shall
include freedom to hold opinion and to receive and impart
information and ideas without interference by the public authority
and regardless of the frontiers. This Article shall not prevent States
from requiring the licensing of broadcasting, television or cinema
enterprise.
(2) The exercise of these freedom, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by the law and are
necessary in a democratic society, in the interest of national security,
territorial integrity or public safety, for the prevention of the disorder
or crime, for the protection of health and morals, for the protection
of reputation or rights of the others, for preventing the disclosure of
information received in confidence, or for maintaining the authority
and impartiality of the judiciary.
15
Ram Singh v. State of Delhi AIR 1951 SC 270
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Article 19 (1) provides that all citizens shall have the right to
freedom of speech and expression, to assemble peaceably and
without arms, to form associations or unions, to move freely
throughout the territory of India, to reside and settle in any part of
the territory of India and to practice any profession or to carry on
any occupation, trade or business. The rights mentioned in Article
19(1) are not exhaustive of all rights of a free man. Some of the
rights falling outside Article 19 are freedom to move, right of
citizenship, the right to vote or contest election, the contractual
right against the Government, right of government servants to
continue in employment and the right to strike.
3.6. Scheme
16
Gopalan v State of Madras AIR 1950 SC 27 para 225
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to another. This means the State cannot make a law, which directly
restricts one freedom even for securing the better enjoyment of
another freedom. Thus the State cannot directly restrict one
freedom by placing on otherwise permissible restriction on
another freedom.17
17
Sakal (P) Ltd v Union of India AIR 1962 SC 305 para 37
18
Virendra v State of Punjab AIR 1957 SC 896 Para 8
19
Deity Laininkhthow Pureiromboi of Iamlai v. Chief Commissioner of Manipur, AIR
1951 Mani 20
20
Reserve Bank of India v Palai Central Bank Ltd, AIR 1961 Ker 268
21
Whitney v California, 247 US 214 Classical Statement of Louis Brandeis J.,
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3.8. Purpose:
22
Fourth Ed. Vol 8 p 834
23
AIR 1984 Cal 268
24
Indian Express Newspapers v. Union of India, (1985) 1 SCC 642
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25
(1973) 1 SCC 227
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26
AIR 1998 Supreme Court 184
27
AIR 1997 Ker 291
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28
AIR 1986 SC 872
29
AIR 1986 SC 515, 1985(1) SCC 641
30
(1992) 3 SCC 637
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33
Express Newspapers v. Union of India, 1959, SCR 12
34
1950 SCR 594
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This case and the Cross-Roads case were disposed off by the
common judgment. In this case the East Punjab Safety Act 1940
authorized the Government to take action necessary for the
purpose of preventing any activities prejudicial to the public safety
or the maintenance of public order. This was challenged as
unconstitutional. Supreme Court agreed with the contention and
held that the relevant provisions of 1940 Act as unconstitutional
because the grounds of public safety and maintenance of public
order were not available under Article 19(2).
35
AIR 1950 SC 129
36
AIR 1952 SC 329
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upon a strong word here and there and an endeavour should be made
to gather the general effect which the whole composition would have on
the minds of the people.
37
AIR 1962 SC 305
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The Court also held that the newsprint policy violates Article 14
because it treats newspapers, which are not equal as equals in
assessing the needs and requirements of newsprint.
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38
AIR 1973 SC 106
39
(1985) 1 SCC 641
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40
Blackstone, Commentaries on the laws of England (1765; 4th Ed. 1770 in 4 volumes)
Book 4 Chap II 151-152.
41
Pattern v. Colarado, 305 US 454, 462
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Article 19(1): All citizens shall have the right (a) to freedom of
speech and expression which shall include the freedom of the
press and other media, the freedom to hold opinion and to
43
Dean Sivasubramanians Review of Doubglas We the Judges 23, University of
Chicago L. R. 563,565.
44
S.P. Gupta & others v President of India & others AIR 1982 SC 149
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The press has the right to free propagation and free circulation
without any previous restraint. If a law were to single out the press
for laying down prohibitive burdens on it that would restrict the
circulation, penalise its freedom of choice as to personnel, prevent
newspapers from being started and compel the press to seek
Government aid, there would be a violation of the right conferred
by Article 19 (1)(a).
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45
AIR 1982 J & K 26
46
Dainik Sambad v State of Tripura, AIR 1989 Gau 30
47
Ushodaya Publication v. State of A.P. AIR 1981 AP 109
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51
AIR 1960 Supreme Court 554
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held in the Tata Press case that the people have right to listen and
receive the commercial speech.
52
AIR 1993 SC 173
53
Odyssey Communication Pvt. Ltd. Lokvidayan Sanghatan AIR 1988 SC 1642
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54
AIR 1988 SC 775
55
(1995) 2 SCC 161
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airways must be used for the public good because they were the
property of the members of general public. Justice B.P. Jeevan
Reddy suggested relevant amendments to a century old Indian
Telegraph Act as there was tremendous change due to scientific
and technological advancement in the field of communication.
56
AIR 1971 SC 481
57
AIR 1971 Supreme Court 481 and LIC v. Manubhai D.Shah, (1992) 3 SCC 637
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58
(1996) 4 SCC 1
59
Supra note 10 (1995) 2 SCC 161
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