6.8.9. Issues related to Rights under Article 19

6.8.9.1 Status of Freedom of Press

Unlike several countries such as USA, there is no separate provision guaranteeing the freedom of press, but the Supreme Court in Sakaal paper v/s Union of India case, has held that the freedom of press is included in the “freedom of expression” under Article 19(1) (a). In Brij Bhushan case, SC clarified that there is no prior censorship on the media, i.e., no prior permission is needed.

44th amendment, 1976 introduced Article 361A that provides protection to a person publishing proceedings of the Parliament and State Legislatures.

In Indian Express case, it was clarified that the Freedom of Press includes:

♤ Right to Information

♤ Right to Publish

♤ Right to Circulate

In 1997, the Prasar Bharti Act granted autonomy to Doordarshan and All India Radio (which means it can criticize the state policies and actions).

In 1966, Press Council of India was created to regulate the print media. PCI has a retired SC judge as its chairperson (by convention) and 28 other members.

♤ 20 members are the representatives from the media

♤ 5 members are nominated by Parliament

♤ 3 members – one each come from UGC, Sahitya Kala Academy and Bar Council of India

The National Commission to Review the Working of Constitution (NCRWC) recommended that Freedom of Press be explicitly granted and not be left implied in the Freedom of Speech.