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Freedom of Press

Freedom of the press is implicitly guaranteed under Article 19(1)(a) of the Indian Constitution, which ensures freedom of speech and expression. It plays a crucial role in democracy by promoting transparency and accountability, though it is subject to reasonable restrictions for national security and public order. Landmark cases have established the importance of press freedom, while modern challenges include digital media issues and misinformation.

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32 views2 pages

Freedom of Press

Freedom of the press is implicitly guaranteed under Article 19(1)(a) of the Indian Constitution, which ensures freedom of speech and expression. It plays a crucial role in democracy by promoting transparency and accountability, though it is subject to reasonable restrictions for national security and public order. Landmark cases have established the importance of press freedom, while modern challenges include digital media issues and misinformation.

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venu vardhan
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FREEDOM OF PRESS – STUDY NOTES

1. Constitutional Provision
 Article 19(1)(a) of the Indian Constitution guarantees Freedom of Speech and
Expression.
 Though Freedom of the Press is not explicitly mentioned, it is implicitly included
under this Article.
2. Importance of Freedom of Press
 Acts as a watchdog in a democracy.
 Ensures transparency, accountability, and informed citizenry.
 A free press is essential for the functioning of a democratic society.
3. Reasonable Restrictions – Article 19(2)
Freedom of the press is not absolute. It is subject to reasonable restrictions in the interest
of:
 Sovereignty and integrity of India
 Security of the State
 Public order
 Decency or morality
 Contempt of court
 Defamation
 Incitement to an offence
4. Landmark Case Laws
a. Romesh Thappar v. State of Madras (1950)
 Facts: Ban on journal “Cross Roads” in Madras.
 Held: Freedom of speech and press is at the foundation of democratic society.
 Significance: First case recognizing freedom of press as part of Article 19(1)(a).
b. Brij Bhushan v. State of Delhi (1950)
 Facts: Pre-censorship imposed on a newspaper “Organiser”.
 Held: Pre-censorship violates Article 19(1)(a).
 Significance: Censorship before publication is unconstitutional.
c. Bennett Coleman & Co. v. Union of India (1973)
 Facts: Challenge to newsprint policy restricting newspaper size.
 Held: Government cannot restrict freedom of press under the guise of regulating
newsprint.
 Significance: Freedom of press includes right to circulation and choice of content.
d. Indian Express Newspapers v. Union of India (1985)
 Held: Freedom of press includes freedom from excessive taxation.
 Significance: Economic policies that curtail press freedom violate Article 19(1)(a).
e. Express Newspapers (P) Ltd. v. Union of India (1958)
 Held: Government action must not be used to stifle freedom of the press.
 Significance: Eviction orders or policies should not indirectly suppress press freedom.
f. Prabha Dutt v. Union of India (1982)
 Held: Journalists have the right to interview prisoners, subject to reasonable
restrictions.
 Significance: Press has the right to information, balanced with state interests.
g. R. Rajagopal v. State of Tamil Nadu (1994)
 Facts: Publication of autobiography of a convict.
 Held: Right to publish life story without prior consent, if based on public records.
 Significance: Recognized right to privacy vs freedom of press.
5. Modern Context
 Digital media and social media platforms are also covered under freedom of
expression.
 Issues of fake news, misinformation, surveillance, and content regulation are
debated.
6. Conclusion
 Freedom of press is a cornerstone of democracy.
 It must be preserved while balancing with public interest and national security.

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