ARTICLE 19(1)(a) – FREEDOM OF SPEECH AND EXPRESSION

1. Constitutional Provision: Article 19(1)(a) – What It Says

Article 19(1)(a) of the Constitution of India guarantees to all citizens:
“Freedom of speech and expression.”
This is a fundamental right under Part III of the Constitution and is essential for
a democratic polity.

2. Scope and Meaning

Freedom of speech and expression means the right to express one’s opinions
freely by words of mouth, writing, printing, pictures, or any other mode.
It includes:
• Freedom of press and media
• Right to propagate one’s views
• Right to remain silent (Bijoe Emmanuel case)
• Freedom of commercial speech (Tata Press v. MTNL)
• Freedom to criticize the government
• Artistic expression, films, street plays, protests

3. Characteristics of Freedom of Speech & Expression

Feature Description
Fundamental Right Guaranteed under Article 19(1)(a)
Only for Citizens Not available to corporations or foreigners
Not Absolute Subject to reasonable restrictions under Article 19(2)
Expands with
Includes internet usage (Faheema Shirin case, 2019)
Technology
Includes Right to Know Citizens have a right to information (S.P. Gupta v. UOI)
Though not expressly mentioned, upheld by courts as
Freedom of Press
implicit
4. Reasonable Restrictions – Article 19(2)
Freedom is not absolute. Article 19(2) permits the state to impose reasonable
restrictions in the interests of:
1. Sovereignty and integrity of India
2. Security of the 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

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Restriction must be "reasonable" – can be challenged if arbitrary or excessive.
5. Landmark Case Laws
Case Name Citation Principle Laid Down
Romesh Thappar v. State of AIR 1950 SC First case to assert freedom of
Madras 124 press under 19(1)(a).
AIR 1950 SC Pre-censorship of newspapers
Brij Bhushan v. State of Delhi
129 violates free speech.
Bennett Coleman v. Union of AIR 1973 SC Newsprint policy restricting paper
India 106 usage = violation.
Shreya Singhal v. Union of AIR 2015 SC Struck down Section 66A of IT Act;
India 1523 upholds online speech.
AIR 1962 SC Government cannot impose
Sakal Papers v. Union of India
305 price/page restrictions.
Express Newspapers v. Union AIR 1958 SC Press freedom includes freedom
of India 578 from arbitrary controls.
Bijoe Emmanuel v. State of AIR 1986 SC Right to remain silent (during
Kerala 1037 national anthem) upheld.
AIR 1971 SC Films are covered under 19(1)(a)
K.A. Abbas v. Union of India
481 but subject to censorship.
Subramanian Swamy v. AIR 2016 SC Criminal defamation is a
Union of India 2728 reasonable restriction.
Indian Express v. Union of AIR 1986 SC Freedom of press is vital for
India 515 democracy.
Ministry of I&B v. Cricket AIR 1995 SC Airwaves are public property; right
Association of Bengal 1236 to broadcast recognized.

6. Important Dimensions Recognized by Courts

Dimension Cases/Comments
Right to know State of UP v. Raj Narain, S.P. Gupta v. UOI
Right to remain silent Bijoe Emmanuel case
Commercial speech Tata Press Ltd. v. MTNL (1995)
Freedom of internet Faheema Shirin v. State of Kerala (2019)
Academic freedom Modern Dental College v. State of MP (2016)
Right to artistic
Bobby Art International v. Om Pal Singh (1996)
speech

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Dimension Cases/Comments
Odyssey Communications v. Lokvidyan Sanghatana
Freedom of broadcast
(1988)

7. Criticism and Challenges

• Hate speech and fake news
• Use of sedition laws (IPC Section 124A)
• Censorship in films and OTT platforms
• Internet shutdowns (e.g., Jammu & Kashmir, 2019)
• Criminal defamation laws
• Social media regulation (IT Rules, 2021)

8. Conclusion
Freedom of speech and expression under Article 19(1)(a) is the cornerstone of
democracy, allowing individuals to participate freely in public discourse. While
restrictions under Article 19(2) are necessary, they must not be misused to curb
dissent or critical opinions.

LAWS OF DEFAMATION IN INDIA

Defamation – Meaning and Legal Framework

Definition
Defamation refers to injuring the reputation of a person by a false statement
made without lawful justification.
A defamatory statement lowers the person in the estimation of others or causes
hatred, ridicule, or contempt.

Legal Provisions
Legal Source Applicable Law
Criminal Defamation Sections 499 & 500 of the Indian Penal Code, 1860
Civil Defamation Based on Law of Torts – no specific statute
Constitutional Validity Article 19(2) permits restrictions for defamation

Types of Defamation
Type Description
Libel Written, printed, or visual form (e.g., newspaper, cartoon)
Slander Spoken or transient form (e.g., speech, gestures)
Note: In India, no distinction is made between libel and slander in criminal law.

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Essential Ingredients (Section 499 IPC)
To constitute defamation, the following must be proven:
1. Imputation made (words, signs, or visible representations)
2. About a person or group
3. Published or communicated to a third party
4. With intent to harm reputation or with knowledge it would do so

Characteristics of Defamation
Characteristic Description
Not absolute Subject to reasonable restrictions under Article 19(2)
Statement must reach someone other than the
Requires publication
defamed person
Even true statements may be punishable unless made
Truth ≠ Defence (always)
for public good
Both civil & criminal
Victim may seek damages or file a criminal complaint
remedy
Group defamation
If a specific group (e.g., community) is targeted clearly
possible

Defences in Defamation (Under IPC Section 499 - Exceptions)

Defence Description
Truth alone is not enough; it must serve public
Truth for public good
interest
Fair criticism Of public servants, public conduct of public men
Judicial proceedings Reports made in good faith of court proceedings
Opinions on public
e.g., reviewing books, movies, or art
performance
Caution in good faith Warning given to someone with good intent

Punishment for Criminal Defamation – Section 500 IPC

Whoever defames another shall be punished with:
• Simple imprisonment up to 2 years, or
• Fine, or
• Both

Landmark Case Laws on Defamation in India

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Case Name Citation Principle Laid Down
Upheld the constitutional validity of
Subramanian Swamy v. (2016) 7
criminal defamation; Reasonable
Union of India SCC 221
restriction under Art. 19(2)
R. Rajagopal v. State of (1994) 6 Media can publish true facts about public
Tamil Nadu SCC 632 officials unless it invades privacy
T.V. Ramasubba Iyer v. AIR 1970 Fair and bona fide criticism is not
A.M.A. Mohindeen SC 1367 defamation
S. Khushboo v. AIR 2010 Personal opinion on morality ≠ defamation
Kanniammal SC 3196 unless intent to harm shown
Chintaman Rao v. State AIR 1951 Early test of reasonable restrictions under
of M.P. SC 118 Article 19(2)
A defamatory letter written in Urdu, not
Mahendra Ram v. AIR 1958
understood by the plaintiff, was not
Harnandan Prasad Pat 445
defamation

Constitutional Aspect
Article Relevance
Article 19(1)(a) Guarantees freedom of speech and expression
Article 19(2) Allows reasonable restrictions for defamation

Criminal defamation is a reasonable restriction as per Subramanian Swamy

case.
Civil Defamation (Tort Law)
• A person may file a civil suit for damages (compensation).
• Burden of proof is lower than in criminal law.
• Intent is not required to be proven; publication and harm are sufficient.

Differences – Civil vs Criminal Defamation

Basis Civil Defamation Criminal Defamation
Nature Private wrong (Tort) Public wrong (Criminal offence)
Relief Compensation Punishment (jail/fine)
Intention Not essential Essential
Forum Civil Court Magistrate’s Court
Burden of Proof Balance of probabilities Beyond reasonable doubt

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Recent Developments
• Social media and digital platforms have increased the complexity of
defamation law.
• Debate on decriminalizing defamation continues among legal scholars
and activists.
• Information Technology Rules, 2021 – Impose liability on intermediaries
for defamatory content.

Conclusion
Defamation laws in India aim to balance individual reputation with freedom of
speech. While truth and fair comment are protected, the law penalizes reckless
or malicious statements. Courts have consistently upheld that freedom of
expression is not absolute and must not harm the dignity or reputation of
others.

Here’s a detailed and exam-oriented explanation of Obscenity Laws in India –

including definitions, characteristics, tests, constitutional aspects, and landmark
case laws, suitable for law students and professionals:

OBSCENITY – MEANING & LEGAL FRAMEWORK

Definition:
"Obscenity" refers to any material that offends prevalent standards of decency
and morality and has the tendency to deprave and corrupt the minds exposed
to it.
There is no universal statutory definition, but Indian courts have defined
obscenity through judgments.

Legal Provisions in India

Law Provision
Indian Penal Code (IPC) Section 292 to 294
Information Technology Act, 2000 Section 67, 67A, 67B
Indecent Representation of Prohibits indecent depictions in ads,
Women (Prohibition) Act, 1986 publications, etc.
Cinematograph Act, 1952 Censorship of films with obscene content
Permits restrictions on freedom of speech
Article 19(2) of Constitution
in the interest of decency and morality

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Key IPC Sections Related to Obscenity
Section Description
Section 292 Sale, distribution, public exhibition of obscene books, paintings,
IPC etc.
Section 293 Sale of obscene material to persons under 20 years of age –
IPC stricter punishment
Section 294
Obscene acts/songs in public places
IPC
Punishment: Up to 2-5 years imprisonment and fine.

Tests of Obscenity (Developed by Courts)

1. Hicklin Test (R. v. Hicklin, UK)
• Originated in 1868.
• Whether the material tends to "deprave and corrupt" those likely to read
it.
2. Community Standards Test (Indian Courts)
• Evolved in India post Aveek Sarkar case (2014).
• Obscenity judged by contemporary community standards, not outdated
morals.

Landmark Case Laws on Obscenity in India

Case Citation Key Takeaway
Upheld conviction for selling D.H.
Ranjit D. Udeshi v. State AIR 1965
Lawrence’s Lady Chatterley’s Lover;
of Maharashtra SC 881
applied Hicklin test.
Shifted to contemporary community
Aveek Sarkar v. State of (2014) 4
standards test; held nudity ≠ obscenity
West Bengal SCC 257
per se.
Bobby Art International (1996) 4 Movie Bandit Queen not obscene;
v. Om Pal Singh Hoon SCC 1 realistic portrayal of social evils.
Samaresh Bose v. Amal AIR 1986 Literary value and intent matter – a book
Mitra SC 967 cannot be judged by isolated passages.
Censorship is valid but must be
K.A. Abbas v. Union of AIR 1971
reasonable and not suppress artistic
India SC 481
freedom.
Ajay Goswami v. Union AIR 2007 Balance between media freedom and
of India SC 493 protecting minors from obscene content.

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Characteristics of Obscenity
Feature Explanation
Varies based on time, place, and social
Subjective concept
standards
Includes visual & textual
Films, books, advertisements, internet material
content
Must have tendency to arouse lust or corrupt
Not just nudity
minds
Art and expression must pass the "public good"
Not protected if obscene
test
Sexual expression ≠ Unless it crosses boundaries of decency and
Obscenity morality

Obscenity in the Digital Age

Under the IT Act, 2000:
Section Provision
Section 67 Publishing/transmitting obscene material in electronic form
Section
Sexually explicit acts in electronic form
67A
Section Depiction of children in sexual acts (child pornography) – stricter
67B penalties
Punishment under Sec. 67A: Up to 5 years + fine (Rs. 10 lakhs)

Obscenity vs. Freedom of Expression

Article Provision
Article
Guarantees freedom of speech and expression
19(1)(a)
Allows restriction for decency and morality (includes obscenity
Article 19(2)
laws)

The courts have tried to balance artistic freedom with the public interest in
maintaining decency.

Recent Concerns and Developments

• OTT platforms and digital streaming (debates on censorship)
• Online pornography and child exploitation

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 • Misuse of obscenity laws to suppress dissent/artistic expression
• Gendered application of laws (e.g., focus on women’s representation)

Conclusion
Obscenity laws in India seek to preserve public morality while also respecting
artistic and literary freedom. The judiciary has moved from a rigid application
of the Hicklin test to a balanced, contextual approach based on contemporary
Indian standards. The key challenge lies in preventing misuse of these laws while
ensuring they protect vulnerable audiences and uphold dignity.

BLASPHEMY AND SEDITION

1. BLASPHEMY IN INDIA
Definition:
Blasphemy refers to showing disrespect or contempt for religious beliefs, deities,
or sacred texts.
India does not have a separate law titled “Blasphemy”, but such acts are
regulated under certain Indian Penal Code (IPC) provisions to maintain religious
harmony.

Relevant IPC Provisions:

Section Description
Section 295 Injuring or defiling a place of worship with intent to insult
IPC religion
Section 295A Deliberate and malicious acts intended to outrage religious
IPC feelings of any class
Section 296
Disturbing religious assembly
IPC
Section 297
Trespassing on burial places
IPC
Section 298 Uttering words with deliberate intent to wound religious
IPC feelings
Section 295A is the most widely used provision against blasphemy.

Section 295A IPC – Key Elements:

• The act must be deliberate and malicious
• It must aim to outrage religious feelings
• Mere criticism or academic discussion is not punishable

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Landmark Case Laws:
Case Citation Principle
Upheld constitutionality of
Ramji Lal Modi v. State of UP AIR 1957 SC 620 295A; valid restriction under
Art. 19(2)
Cricketer shown as
Mahendra Singh Dhoni case Lord Vishnu –
complaint quashed
M. Muthuraman v. State
Film temporarily banned;
(Kamal Haasan 2013
later allowed after edits
"Vishwaroopam" case)

Blasphemy vs Free Speech (Art. 19(1)(a))

Article Provision
19(1)(a) Guarantees freedom of speech
19(2) Allows restriction in the interests of public order, decency, or morality
Courts have repeatedly upheld that 295A must not be misused to suppress
valid criticism or artistic expression.

Criticism of 295A:
• Vague and subjective
• Often misused to suppress dissent
• Used to target artists, writers, and filmmakers

2. SEDITION – SECTION 124A IPC

Definition:
Sedition refers to any act or speech that incites hatred or disaffection towards
the government established by law.
Introduced in 1870 by the British to curb nationalist movements.

Section 124A IPC – Text:

“Whoever, by words, spoken or written, or by signs, or visible representation,
brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards the Government established by law in India, shall be
punished…”

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Punishment:
• Life imprisonment with fine, or
• 3 years imprisonment, or
• Fine, or both

Key Elements of Sedition:

1. Speech/writing/signs/visuals
2. Brings hatred or contempt
3. Towards lawful Government
4. Incites violence or public disorder (as per judicial interpretation)

Landmark Case Laws:

Case Citation Principle
Kedar Nath Singh v. AIR 1962 SC Upheld validity of Section 124A, but limited it
State of Bihar 955 to incitement to violence or public disorder
Balwant Singh v. (1995) 3 Mere slogan shouting ("Khalistan Zindabad")
State of Punjab SCC 214 not sedition – no incitement to violence
Shreya Singhal v. AIR 2015 SC
Clarified that mere advocacy ≠ incitement
UOI 1523
Vinod Dua v. Union Criticism of govt policies ≠ sedition unless it
2021 SC
of India incites violence

Sedition vs Freedom of Speech (Art. 19(1)(a))

Article Relevance
19(1)(a) Guarantees free speech
19(2) Restriction allowed for sovereignty, integrity, public order
Courts have held that legitimate criticism, dissent, or protests are not sedition
unless they lead to violence or disorder.

Recent Developments:
• Sedition law under re-examination: Supreme Court (2022) directed a
pause on sedition trials and urged Centre to reconsider its colonial usage.
• Law Commission (2023) recommended retaining sedition with safeguards.

Comparison: Blasphemy vs Sedition

Aspect Blasphemy Sedition
Related to Religion & religious sentiments Government & political authority

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Aspect Blasphemy Sedition
Key
295A IPC 124A IPC
Section
Focus Protects religious harmony Protects state authority
Often used against Often used against
Misuse
artists/writers activists/dissenters

Conclusion
Both blasphemy (295A) and sedition (124A) laws aim to preserve public order,
but they are increasingly criticized for chilling free speech. Indian courts have
tried to balance constitutional rights with societal harmony, but calls for reform,
clarity, and safeguards continue to grow in modern democratic discourse.

MASS MEDIA – LAW RELATING TO EMPLOYEES IN INDIA

Introduction
The mass media industry includes:
• Print media (newspapers, magazines)
• Broadcasting (TV, radio)
• Digital/Online platforms
• Advertising and film industry
Employees in this sector face unique challenges, such as:
• Irregular hours
• Contractual employment
• Lack of job security
• Exposure to risk (e.g., war journalism)
Hence, specific labour laws and regulatory frameworks have evolved to protect
the rights of media employees.

1. Key Legislations Applicable to Media Employees

Law Relevance
Working Journalists and Other Newspaper
Special legislation for
Employees (Conditions of Service) and
journalists and press workers
Miscellaneous Provisions Act, 1955
Regulates film workers’
Cinematograph Act, 1952
conditions
Journalists and artists can
Trade Unions Act, 1926
form unions

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Law Relevance
Contract Labour (Regulation & Abolition) Act, Governs temporary and
1970 freelance workers
Will standardize wage,
Labour Codes (Pending Implementation) security, and safety provisions
across industries
Factories Act / Shops & Establishments Acts Regulate working conditions
(State-wise) in studios and newsrooms
Regulates cyber workplace
IT Act, 2000 (for Digital Media) conduct and protection
against online abuse

2. Working Journalists Act, 1955 – Key Features

Objective:
To regulate conditions of service (e.g., wages, working hours, leave, termination)
of working journalists and newspaper employees.
Salient Features:
• Defines “working journalist”: includes editors, reporters, sub-editors,
news photographers, etc.
• Wage Boards (e.g., Majithia Wage Board) recommend salary structure.
• Fixes Working Hours: Not more than 144 hours in 4 weeks.
• Leaves:
o Earned leave: 1 day for every 11 days of work
o Casual leave: 15 days per year
• Termination: Requires notice and compensation
• Grievance Redressal Mechanism
• Applies to both permanent and part-time employees

3. Film and TV Workers – Employment Laws

Provision Application
Certification and welfare, especially for child
Cinematograph Act, 1952
actors
Trade Unionism in Film E.g., FWICE (Federation of Western India Cine
Industry Employees) ensures fair pay
Welfare Funds For small technicians and background artists
Sexual Harassment at
Protection for actresses, anchors, and crew
Workplace Act, 2013

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4. Constitutional Protections
Article Relevance
Article 19(1)(g) Right to practice any profession – includes journalism
Article 21 Right to livelihood and dignity at workplace
Article 14 & 16 Equal opportunity, no arbitrary dismissal
Article 19(1)(c) Right to form trade unions

5. Important Case Laws

Case Citation Principle
Express Newspapers Ltd. v. AIR 1958 Upheld constitutionality of Working
Union of India SC 578 Journalists Act
Sakal Papers Ltd. v. Union of AIR 1962 State cannot fix number of
India SC 305 pages/prices – affects press freedom
Indian Express v. Union of AIR 1986 Reasonable wage structures are not a
India SC 515 curb on press freedom
Wage fixation under Working
Bennett Coleman & Co. v. AIR 1973
Journalists Act valid; doesn't infringe
Union of India SC 106
Art. 19(1)(a)
Odyssey Communications v. Right to broadcast includes
(1988)
Lokvidyan Sanghatana employment rights of creatives

6. Challenges Faced by Media Employees

• Unregulated contracts for freelancers, anchors, digital writers
• No fixed tenure or job security
• Political interference and threats
• Unpaid internships or delayed salaries
• Gender-based discrimination and harassment
• Stress and mental health issues

7. Role of Wage Boards

• Majithia Wage Board (2007): Recommended revised pay scales and
service conditions for newspaper employees
• Implementation by State Governments is often delayed

8. Role of Labour Codes (Yet to be Implemented Fully)

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Code Relevance
Will replace Minimum Wages,
Code on Wages, 2019
Payment of Wages, Bonus Act
Protects rights to unionize and dispute
Industrial Relations Code, 2020
resolution
Provides PF, ESI, maternity, and gig
Social Security Code, 2020
worker welfare
Occupational Safety, Health & Working Safety in film sets, studios, outdoor
Conditions Code, 2020 shoots

Conclusion
Employees in the media sector are protected by a blend of general labour laws
and industry-specific legislation like the Working Journalists Act. However, with
the rise of digital platforms, gig journalism, and contract work, there is a pressing
need to modernize employment laws for this dynamic and sensitive industry.

WAGES AND SERVICE CONDITIONS – LEGAL FRAMEWORK IN INDIA

1. Meaning of Wages
Wages refer to all remuneration (monetary or otherwise) paid to a person for
their employment, including basic pay, dearness allowance, and retaining
allowance.
Statutory Definition:
Under Code on Wages, 2019 (Section 2(y)):
“Wages” includes basic pay + dearness allowance + retaining allowance but
excludes:
• Bonus not part of contract
• House rent allowance
• Overtime
• Gratuity
• Commission

2. Key Legislations Governing Wages and Service Conditions

Law Purpose
Minimum Wages Act, 1948 (merged Fixes minimum wages for workers in
into Code on Wages) scheduled employment
Payment of Wages Act, 1936 Ensures timely and full payment of wages
Payment of Bonus Act, 1965 Mandates bonus for eligible employees

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Law Purpose
Equal Remuneration Act, 1976 Prohibits gender discrimination in pay
Consolidates wage-related laws; applies
Code on Wages, 2019
to all employees
Regulates working hours, leave, and
Factories Act, 1948
working conditions
Industrial Employment (Standing Regulates service conditions of workmen
Orders) Act, 1946 in industrial establishments

3. Types of Wages
Type Meaning
Minimum Wages Statutory lowest wage for survival and sustenance
Fair Wages Above minimum; sufficient for decent living
Living Wages Ideal wage ensuring comfort and cultural needs
Contractual Wages As per terms agreed in contract or appointment letter
Time Rate Wages Based on hours/days worked
Piece Rate Wages Based on units of output

4. Components of Wages
• Basic Pay
• Dearness Allowance (DA)
• House Rent Allowance (HRA)
• Incentives/Commissions
• Gratuity (after 5 years of service)
• Bonus (if eligible)
• Overtime Pay
• Provident Fund Contributions (employer share)

5. Working Conditions and Service Terms

Covered under:
• Shops & Establishments Acts (State-wise)
• Factories Act, 1948
• Occupational Safety, Health and Working Conditions Code, 2020 (notified
but pending full implementation)
Service Conditions Include:
Aspect Description
Working Hours Max 48 hours/week; 8–9 hours/day (Factories Act)

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Aspect Description
Weekly Off At least 1 day (usually Sunday)
Overtime Double wages if working beyond prescribed limits
Leave Casual, sick, earned/privilege leave
Holidays National holidays and festival holidays as per law
Termination Rules Notice, retrenchment compensation as per law
Grievance Redressal Right to approach labour courts or conciliation officers
Maternity Leave 26 weeks under Maternity Benefit Act
Provident Fund & ESI Mandatory under EPF & ESI Acts for eligible workers

6. Rights of Employees Regarding Wages

Right Provision
Right to Minimum Wages Code on Wages, 2019
Right to Equal Pay Article 39(d) + Equal Remuneration Act
Right to Timely Payment Within 7–10 days under Payment of Wages Act
Right to Bonus If drawing salary < ₹21,000 and worked ≥30 days
Right against Unlawful Only allowed as per law (e.g., for absence, fines,
Deductions recovery)

7. Key Case Laws

Case Citation Principle
Mackinnon Mackenzie v. AIR 1987 SC Equal pay for equal work for male and
Audrey D’Costa 1281 female stenographers
Express Newspapers Ltd. AIR 1958 SC Working journalists entitled to fair
v. Union of India 578 wages under Working Journalists Act
Bijay Cotton Mills v. State AIR 1955 SC
Validated minimum wage fixation
of Ajmer 33
Chandra Bhavan Boarding AIR 1970 SC Right to minimum wage is essential for
v. State of Mysore 2042 life under Article 21

8. Code on Wages, 2019 – Key Highlights

• Applies to all employees, in organized and unorganized sectors
• Introduces floor wage at national level
• Prohibits gender-based wage discrimination
• Mandates payment of wages within 7 days of wage period

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 • Employers must maintain wage registers
➢ Replaces 4 Acts:
Minimum Wages Act
Payment of Wages Act
Payment of Bonus Act
Equal Remuneration Act
Status: Passed by Parliament; implementation pending full notification.

Conclusion
Wages and service conditions form the foundation of employment rights in
India. The legal framework, now moving towards consolidation and
simplification under the Labour Codes, aims to provide fair compensation,
decent working conditions, and dignity at work. Awareness and enforcement
are crucial to ensure these rights are actually delivered to all workers, especially
in unorganized sectors.

PRICE AND PAGE SCHEDULE REGULATION

1. Meaning
Price and Page Schedule Regulation refers to the regulation of the selling price
of newspapers in relation to their number of pages, primarily aimed at
protecting small and medium newspapers from unfair competition by large
media houses.

2. Legal Background
The concept originated under the Newspaper (Price and Page) Act, 1956, a
legislation enacted to:
• Regulate the relationship between the price charged by newspapers and
the number of pages they publish.
• Prevent predatory pricing by large newspapers which could threaten the
survival of smaller publications.

3. Newspaper (Price and Page) Act, 1956

Objective:
To curb monopolistic practices in the newspaper industry and ensure fair
competition.
Key Provisions:
• The Central Government is empowered to fix the number of pages based
on the retail price of a newspaper.

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 • This prevents large newspapers from undercutting prices to drive smaller
ones out of business.
• It sought to regulate pricing in proportion to content/pages to avoid
dumping of newsprint.

4. Constitutional Challenge:
The Act was challenged as violating the freedom of the press guaranteed under
Article 19(1)(a) of the Indian Constitution.

5. Landmark Case:
Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106
Facts:
• Bennett Coleman (publisher of The Times of India) challenged the
Newsprint Control Order and Price-Page Schedule regulation, arguing
that it restricted the number of pages based on price, and curtailed
editorial freedom.
Judgment:
• The Supreme Court struck down the restriction as unconstitutional.
• Held that the freedom of the press is part of Article 19(1)(a).
• Any attempt to regulate the size (pages) of a newspaper or to control its
pricing mechanism indirectly violates press freedom.
• The regulation would reduce content, which is core to freedom of
expression.
Conclusion: Price and Page Schedule regulation was declared unconstitutional
because it violated freedom of speech and expression.

6. Important Principles Laid Down

Principle Explanation
Article 19(1)(a) protects the right to publish
Freedom of Press =
without government control over size, price, or
Freedom of Expression
content
Indirect restriction = Direct Even if the law regulates price/page, it still affects
violation editorial content and is unconstitutional
Newsprint control affects Limiting newsprint availability or page limits
dissemination of news hampers public access to information

7. Implications of the Judgment

• Ensured editorial autonomy.

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 • Protected smaller newspapers through non-coercive measures like
subsidies and newsprint quotas, instead of price controls.
• Affirmed that economic controls which affect freedom of the press are
subject to strict judicial scrutiny.

8. Conclusion
The Price and Page Schedule Regulation was an attempt to control monopolies
in the newspaper industry. However, the Supreme Court clarified in Bennett
Coleman’s case that such regulation cannot come at the cost of press freedom,
which is a fundamental right under Article 19(1)(a).
Any indirect attempt to restrict content, pages, or price in a way that hampers
free dissemination of ideas is unconstitutional.

NEWSPRINT CONTROL ORDER

1. What is Newsprint?
Newsprint is the low-cost paper used for printing newspapers, journals, and
periodicals. It is a critical raw material in the print media industry.

2. What is the Newsprint Control Order?

The Newsprint Control Order was a regulatory order issued by the Government
of India under the Essential Commodities Act, 1955.
Purpose:
To regulate the use, distribution, and consumption of newsprint due to:
• Shortage of raw material
• Need for equitable allocation
• Curbing wasteful use
• Controlling monopolistic practices by big newspapers

3. Salient Features of the Newsprint Control Order

Feature Description
Newspapers were allotted fixed quotas of
Quota Allocation
newsprint
Number of pages to be published was tied to
Restriction on Pages
quota
No newspaper could use newsprint beyond the
Prohibition on Excess Use
approved limit
No Common Ownership for
To prevent monopolies and promote plurality
Multiple Papers

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Feature Description
Government regulated import of newsprint
Control on Imports
and foreign exchange use

4. Constitutional Challenge – Key Case

Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106
Facts:
• Bennett Coleman (publisher of The Times of India) challenged the
Newsprint Control Policy (1972-73) and Newsprint Control Order, which:
o Fixed quotas of newsprint
o Limited page numbers
o Restricted opening of new editions
Supreme Court Observations:
• The order violated Article 19(1)(a) – Freedom of speech and expression
• Limiting newsprint directly affects:
o Freedom to circulate
o Freedom to publish editorial content
• Such regulation was not a reasonable restriction under Article 19(2)
The Court struck down parts of the order as unconstitutional.

5. Constitutional Implications
Article Impact
Protects freedom of press — includes the right to
Article 19(1)(a)
publish freely
Restrictions must be reasonable and in public interest
Article 19(2)
(decency, morality, public order, etc.)
Economic control ≠ Economic policies affecting newsprint that limit
editorial control freedom to express ideas are unconstitutional

6. Key Takeaways from the Bennett Coleman Case

• Freedom of the press is not only about content, but also about means to
publish and circulate
• Any restriction on newsprint = restriction on expression
• Government cannot use economic regulation as a backdoor censorship
tool
• The press needs access to sufficient newsprint to function independently

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7. Importance of the Newsprint Control Order in Media Law
Purpose Problem
Controlled waste and
But limited freedom of expression
monopoly
Ensured fair distribution But affected editorial independence
Became obsolete with liberalisation and paper
Managed shortage era
availability

8. Conclusion
The Newsprint Control Order was a government tool to regulate media
materials during shortages. However, its provisions led to indirect censorship by
limiting how much and what the press could publish.

ADVERTISEMENT - IS IT INCLUDED WITH IN FREEDOM OF SPEECH AND

EXPRESSION?

Yes, advertisement is included within the scope of Freedom of Speech and

Expression under Article 19(1)(a) of the Indian Constitution — but with
reasonable restrictions under Article 19(2).

ADVERTISEMENT AND FREEDOM OF SPEECH & EXPRESSION

1. Constitutional Provision
Article Provision
Article
Guarantees the right to freedom of speech and expression
19(1)(a)
Permits the State to impose reasonable restrictions on this right in
Article the interests of sovereignty, integrity, security of the State, public
19(2) order, decency, morality, contempt of court, defamation, or
incitement to an offence

2. Is Advertisement Protected as Free Speech?

YES, but not all advertisements.
• Commercial advertisements that convey information to the public are
protected.
• However, misleading, obscene, or harmful advertisements can be
regulated or restricted.

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3. Landmark Case:
Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd., AIR 1995 SC 2438
Facts:
• MTNL challenged Tata Press for publishing classified advertisements in
telephone directories.
Supreme Court Held:
• Commercial speech (advertisement) is a part of freedom of speech and
expression under Article 19(1)(a).
• Advertising disseminates information and educates the public, which is
essential in a market economy.
• Advertisement also supports the financial independence of the media.
Conclusion: Advertisement ≠ mere profit-making → it serves public interest by
informing consumers.

4. Earlier Position – Changed Later

Hamdard Dawakhana v. Union of India, AIR 1960 SC 554
• The Court earlier held that commercial advertising is not protected by
Article 19(1)(a).
• But this view was overruled by later cases like Tata Press.

5. Types of Advertisements and Their Protection

Type of Ad Protected? Remarks
Public interest ads (e.g., govt
Yes Fully protected
schemes, health awareness)
Commercial ads (e.g.,
Yes With reasonable restrictions
products, services)
Must comply with Model Code of
Political ads Yes
Conduct (Election Commission)
Obscene, misleading, or Restricted under Article 19(2) and
No
offensive ads other laws

6. Laws Regulating Advertisements in India

Law Relevance
Prohibits false and misleading
Consumer Protection Act, 2019
advertisements
Drugs and Magic Remedies (Objectionable Bans unscientific or misleading
Advertisements) Act, 1954 drug advertisements

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Law Relevance
Cable Television Networks (Regulation) Act, Regulates TV ads under
1995 Advertisement Code
Regulates film and cinema
Cinematograph Act, 1952
advertisements
ASCI (Advertising Standards Council of A self-regulatory body for ethical
India) advertising standards

7. International View
• In the U.S., commercial speech is protected under the First Amendment,
with limits on deceptive advertising (Central Hudson Test).
• India aligns with a balanced approach, protecting informational and
truthful commercial ads, but restricting harmful or indecent content.

Conclusion
Yes, advertisements are protected under freedom of speech and expression (Art.
19(1)(a)), especially commercial and public-interest advertisements. However,
this freedom is not absolute and can be reasonably restricted under Article 19(2)
for consumer protection, public morality, and public order.

PRESS AND THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969
(MRTP Act)

1. Introduction
The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was
India’s first major attempt to:
• Prevent concentration of economic power
• Regulate monopolistic and unfair trade practices
• Ensure fair competition in trade and industry
Although not aimed specifically at the media, it significantly affected the press,
especially large newspaper groups.

2. Key Objectives of the MRTP Act

Objective Explanation
Avoid concentration of wealth and control in a few
Prevent Monopoly
hands
Restrict Unfair Trade
False advertising, deceptive pricing
Practices

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Objective Explanation
Protect Consumer Interest Ensure availability of goods at fair prices
Encourage Fair Prevent dominant firms from abusing their market
Competition power

3. Applicability to the Press and Media Houses

Why was the press brought under MRTP?
• Some large media houses had dominant market positions
• Concerns over editorial independence, pricing wars, and media
monopolies
• Fears that advertising rates and circulation practices were being
manipulated

4. Key Case:
Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106
Though primarily related to newsprint control, this case also raised issues of
monopoly in the media industry.
Supreme Court observations:
• State cannot use economic controls like newsprint quotas or advertising
restrictions to curb press freedom
• Emphasized that freedom of the press (Art. 19(1)(a)) includes the
freedom to publish, circulate, and manage one's media house
independently

5. Conflict Between MRTP and Press Freedom

MRTP Perspective Press Freedom Perspective
Regulate size and influence of Editorial freedom cannot be curtailed through
big newspapers economic restrictions
Prevent dumping or Price control affects page count, circulation,
undercutting in pricing and content
Control on acquisitions and Business side of media is protected under Art.
mergers 19(1)(g) – trade freedom

6. Criticism of Applying MRTP to Press

• Overreach: Using MRTP to regulate editorial and business freedom of
media houses was seen as government overreach
• Chilling effect: Could force media organizations to compromise editorial
independence

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 • Ambiguity: The Act lacked clear provisions specifically suited to media
plurality or freedom of expression

7. Important Legal Developments

• Press Commission Reports (1st and 2nd): Raised concerns about
concentration of media ownership
• However, the Supreme Court repeatedly protected freedom of the press,
holding that:
o Economic controls (like MRTP) cannot override Article 19(1)(a)
o Any such restrictions must be reasonable under Article 19(2)

8. Repeal and Replacement

Act Status
MRTP Act, 1969 Repealed in 2009
Replaced by Competition Act, 2002 (with effect from 2009)
New Regulator Competition Commission of India (CCI)
The Competition Act, 2002 now governs anti-competitive practices, including
those in the media industry (e.g., cartelization in TV ads, dominance in
newspaper circulation).

9. Conclusion
The MRTP Act was originally intended to curb monopolies in trade and
commerce, but it was extended to the media industry to prevent undue
concentration of media ownership. However, courts carefully balanced this with
freedom of the press under Article 19(1)(a).
Today, while the MRTP Act has been repealed, media monopolies are now
monitored by the Competition Commission of India under the Competition Act,
2002 – with a focus on maintaining media diversity and fair competition without
curbing editorial freedom.

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