media law and ethics article 19#

8/7/2019 Media Law and Ethics Article 19#

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Media Law and EthicsMedia Law and EthicsPart 1


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Article 19Article 19

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


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Article 19 (2)Article 19 (2)

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:


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Reasonable RestrictionsReasonable Restrictions

1. Sovereignty and Integrity

2. Security of State3. Friendly relations with foreign states

4. Public order

5. Decency or morality

6. Contempt of Court7. Defamation

8. Incitement to an offence


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Freedom of the PressFreedom of the Press

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.


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Freedom to print, public andFreedom to print, public and

In Ramesh Thapar Vs State of Madras (1950) the

Supreme Court ruled that Freedom of Press includes

Freedom of Circulation

And


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Original Article 19 (2)Original Article 19 (2)

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.


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Public order and threat to thePublic order and threat to thestatestate

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)


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BharatiBharati Press CasePress Case

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


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AreluctantAreluctant judgementsjudgements

Justice Sarajoo Prasad J. stated:

I wish that my decision on the point would sooner thanever 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


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BrijiBriji BhushanBhushan Vs State of DelhiVs State of Delhi

Organiser, English Weekly challenges Chief

Commissioner of Delhi, writ of certiorari, writ of

prohibition

Orderunder Section 7(1)(C) of the East Punjab Public

Safety Act

Requires scrutiny of all communal matters aboutPakistan for pre-censorship


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SCSC JudgementJudgement

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..


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Constitutional Amendment ActConstitutional Amendment Act19511951

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.

media law and ethics article 19#

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