MEDIA & LAW

CLASS 9

Module 2

CONSTITUTIONAL STATUS OF MEDIA IN INDIA

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Freedom of the press: First Amendment-
U.S.Constitution

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 Role of Media
• The existence of a free, independent and powerful media is the
cornerstone of a democracy
• Freedom of speech and expression which includes the freedom of
press.
• The press is regarded as the fourth pillar of democracy.
• The constitution of India incorporates the freedom of press in two
aspects.
(i) Preamble

(ii) Article 19(1)(a)- Right to freedom of speech and expression

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 Preamble

• The citizen is guaranteed the liberty of expression by way of Preamble of

the Indian Constitution.
• It states that the citizen has the liberty of thought, expression, belief, faith
and worship.
• The liberty of thought and expression includes the right of free press.
• The right to free press is impliedly included in the ambit of liberty of
thought and expression.
• The aspect of human liberty is regarded as the cardinal principle of human
life, hence liberty occupies a special place in the Indian Constitution.

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Preamble: Indian Constitution

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 Article 19(1) (a)
Chairman of the Drafting committee Dr. Babasaheb Ambedkar
“The press is merely another way of stating an individual or a
citizen. The press has no special rights which are not to be given
or which are not to be given or which are not to be exercised by
the citizen in his individual capacity. The editors of press or the
manager are all citizens and therefore when they choose to write in
news paper they are merely exercising their right of freedom of
speech and expression and in my judgment therefore no special
mention is necessary of the freedom of press at all.”

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• Freedom of press is impliedly included in the freedom of
speech and expression under Article 19(1)(a) of the Indian
Constitution.
• Some legal experts have opined that there is a hairline
difference between the four notions of, right to speech, right to
expression, right to freedom of press, and right to information.

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 Contents of the concept ‘Free Press’

 Freedom of speech
 Right to expression.

 Freedom of press
 Right to information

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 Romesh Thappar case

In the Romesh Thappar case the court laid down an important

principle:- So long as the possibility of the law being applied for
purposes not sanctioned by the Constitution cannot be ruled out, it
must be held to be wholly unconstitutional and void.
In other words, Clause 2 of Art 19 having allowed the imposition
of restrictions on the freedom of speech and expression only in
cases where danger to public security is involved, an

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 Freedom of Press is Not Absolute
The current scenario is that freedom of press is not absolute. It can be restricted
provided three distinct and independent prerequisites are satisfied.

1. The current scenario is that freedom of press is not absolute. It can be

restricted provided three distinct and independent prerequisites are satisfied.
2. The law must fall squarely within one or more heads of restrictions specified
in Art 19(2). Restrictions on freedom of speech and expression cannot be
imposed on such omnibus grounds as ‘in the interest of the general public’14

3. The restrictions must be reasonable and must not be excessive. The validity
of restrictions imposed is justifiable and open for Judicial review by the
Indian courts

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Restrictions on the Freedom of Speech and Expression

Clause (2) of Art 19 contains the grounds on which restrictions on the

freedom of speech and expression can be imposed. Some of them as
discussed hereunder.
a. Sovereignty and integrity of the State

b. Security of the State

c. Friendly relations with foreign countries
d. Public order

e. Decency and morality

f. Contempt of court
g. Defamation
h. Incitement to an offence

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 Important Case Laws
 Prabhu Dutt v Union of India, AIR 1982 SC 6

 Sakal Papers(P) Ltd v Union of India AIR 1962 SC 305

 Bennett Coleman & Co. v Union of India, AIR 1972 SC 106

 Tata Press Ltd v Mahanagar Telephone Nigam Ltd, (1995) 5 SCC 139 at 154.

 Shreya Singhal v. U.O.I, 2015

 Arnab Goswami Case (2020), The Supreme Court on May 19 said there can be no
existence of free citizens if the news media cannot speak, and therefore journalistic
freedom lies at the core of freedom of expression, but it is not absolute.
 The observations were made by a bench comprising Justices DY Chandrachud and
M R Shah while asking Republic TV Editor-in-Chief Arnab Goswami to move the
competent court to quash an FIR for a news show on Palghar mob-lynching.

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