Freedom of the Press

1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 1

 Freedom means absence of control, interference or restriction. Hence, the expression Freedom of the press means the right to print & publish without any interference from the state or any public authority.

1/12/2010

Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai.

 Freedom of the Press is not separately guaranteed by the constitution. However, [although Article 19 (1) (a) does not mention the freedom of the press], the courts have from the beginning, held that freedom of the speech & expression includes freedom of the press & expression and circulation, and is therefore available to the same extent. (Romesh Thoper Vs. state of Madras, A. I. R. 1950 SC. 214.).
1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 3

 Judgment in Romesh Thoper Vs. state of Madras case : Fundamental right of freedom of speech and expression--Law imposing restrictions for securing public order and maintenance of public safety, Validity, Severability of Act--Madras Maintenance of Public Order Act (XXIII of 1949), s. 9 (1-A)-Validity.
1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 4

Article 19 (1) All citizens shall have the right

(a) To freedom of speech & expression : Under the Constitution of India the state may impose reasonable restrictions on the exercise of the right to freedom of speech & expression in the interest of i. Security of the state ii. Sovereignty and integrity of India iii. Friendly relations with foreign state. iv. Public order
1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 5

Article 19 (1) All citizens shall have the right

v. Decency vi. Morality, or in relation to vii. Contempt of Court viii. Defamation, or ix. Incitement to offence.

1/12/2010

Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai.

 In this connection Indian Press Commission has expressed its views that the Democracy can prosper not only under the vigilant eye of its legislature but also under the care & guidance of the public opinion and the press is the medium through which opinion of the people can be known. In our country the press have no such special right which are not to be given or which are not to be exercised by a citizen in his ordinary individual capacity.
1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 7

 Since the editor or a member of a Press merely exercises his right of expression , no special mention is necessary for the freedom of the press. The freedom of the press consists in printing what one pleads without previous permission. The freedom of the press is not confirmed to newspapers and periodicals but it includes pamphlets, circulars and every sort of publication which afford a vehicle of information and opinion.
1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 8

Pre-censorship invalid :
The imposition of censorship on a journal previous to its publication would amount to an infringement of Article 19 (1), (a). The question of validity of censorship came up for consideration in the case Brij Bhushan Vs. State of Delhi. Judgment : Law imposing pre-censorship on newspapers for securing public safety and preventing public disorder-Validity--Matter disturbing public safety or causing public disorder, whether "undermines the security of, or tends to over* throw, the State"--Scope of Art. 19, cl. (2)--East Punjab Public Safety Act, 1949, sec. 7 (1) (c)--Validity.
1/12/2010 Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai. 9

Pre-censorship invalid :
Similarly, prohibiting Newspaper from publication of its own views or the views of correspondent about the burning topics of the day is a serious encroachment on the valuable rights of freedom of speech & expression.

1/12/2010

Dr. Sunder Rajdeep, Asst. Professor, Dept of Communication & Journalism, University of Mumbai.

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