Media Law and Ethics

Part 1
19(1) All citizens shall have the right
(a) To freedom of speech and expression
(b) To assemble peacefully and without arms
(c) To form associations or unions
(d) To move freely throughout the territory of India
(e) To practice any profession, to carry on any occupation,
trade or business

Article 19
19 (2)Nothing in the sub-clause (a) of clause (1) shall affect
the operation of any existing law, or prevent the state
from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right
conferred by the said sub-clause in the interests of the:

Article 19 (2)
1. Sovereignty and Integrity
2. Security of State
3. Friendly relations with foreign states
4. Public order
5. Decency or morality
6. Contempt of Court
7. Defamation
8. Incitement to an offence

Reasonable Restrictions
Freedom of the Press is an un-enumerated freedom and
it includes:

‘’The right to print and publish without any interference

from the State or any public authority except insofar as
it is authorized by the Constitution and by the laws.’’

Freedom of the Press

In Ramesh Thapar Vs State of Madras (1950) the
Supreme Court ruled that Freedom of Press includes
Freedom of Circulation…

And…

Freedom to print, public and…

Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law in so far as it relates to,
or prevent the State from making any law relating to,
libel, slander, defamation, contempt of court or any
matter which offends against decency, morality or
which undermines the security of, or tends to
overthrow the state.

Original Article 19 (2)

‘’unless a law restricting freedom of speech and
expression is directed solely to undermining of the
security of the state or its overthrow, such law cannot
fall within the reservation under 19(2), although the
restrictions which it seeks to impose may have been
conceived generally in the interest of public order’’…
(Ramesh Thapar Vs State of Madras)

Public order and threat to the

state
‘’If a person were to go on inciting to murder or other
cognizable offences either through the press or by
word of mouth, he would be free to do so with
impunity and that such utterances would not fall
within restrictions authorised by Article 19(2)…’’
Patna High Court

Bharati Press Case

Justice Sarajoo Prasad J. stated:
‘’I wish that my decision on the point would sooner than
ever come to be tested by the Supreme Court itself
and the position re-examined in the light of the
anomalous situation pointed out above.’’
The Supreme Court reversed the decision…

A reluctant judgements
Organiser, English Weekly challenges Chief
Commissioner of Delhi, writ of certiorari, writ of
prohibition…
Order under Section 7(1)(C) of the East Punjab Public
Safety Act
Requires scrutiny of all communal matters about
Pakistan for pre-censorship

Briji Bhushan Vs State of Delhi

Relying on Ramesh Thapar Case, the Supreme Court
squashes the order, upholds the petition on the
ground that:

‘’the liberty of the press consists in laying no previous

restraint upon publications…..’’

SC Judgement
Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law in so far as it relates to,
or prevent the State from making any law…..in the
interests of the security of the state, friendly relations
with foreign states, public order, decency or morality,
or in relation to contempt of court, defamation or
incitement to an offence.

Constitutional Amendment Act

1951