Tuesday, July 6, 2021 6:53PM
Importance of Press Issues in India
Voice of commons Restrictions through lot of laws
Fourth pillar of democracy Lack of ethies in media
‘Attacks on journalists
Lack of codification of parliamentary privilages
Media i.e chamber of elite classes
Commercialization of Media
Grounds
Sedition
Defamation
Recent Preventive detention
Decline in rank of freedom of press index Contempt of court
Contempt of parliament
Pandit Nehru
1 will prefer free press with no government rather than government without free press.
Newspaper Freedom
Bennett Coleman Vs UOI 1973 [Indian Express Vs UOL
Govt can’t restrict no of pages and limit of circulation _| Govt can impose reasonable taxes
Sakal Paper Case Art 361.4
Govt can't put restrictions in the name of regulation
Defamation Justification
Right to reputation
History Poverty
Colonial legacy Criminal laws
Aim Art 19@)
To protect elites and lords from criticism Reasonable restriction
Laws
See 499 of IPC
See 500 of IPC
Subramaniam Swami Case 2016
Right to reputation ie part of life under Art 21
Criminal offence
Anylysis
Broke harmonious construction between Art 19 and 21
Against fundamental principles of criminal laws
Issues in India
Givil as well as Criminal offence
Givil law ‘Criminal law
Dispute between two private persons State involvement
Contempt of Court Justification
To maintain faith in Judicary
[To protect dignity of court
History
Contempt of Court Act 1971 Tssues
Defination of civil and criminal contempt | To protect erring judges
| Misuse
Givil contempt To avoid fair erticism
Willful disobedience of court orders
“Note
Criminal contempt |Iustice cannot be a cloistered virtue
Any work or action lowers prestige of court _ | Caesar’s wife should be above suspicion
Obstruction in administartion of justice
‘Mulgaokar Case Guidelines 1978
Art 192) Harmonious use with Art 19
Reasonable restriction Judges need not be hypersensitive
Totality of the case is to be seen
Art 129 Fair criticism
2006 Law
Substantive interference in judical affairs
Truth is valid defense