TELECOMMUNICATION, PRESS AND MEDIA LAW.

PROJECT TOPIC:
FREEDOM OF PRESS AND CIRCULATION.

Submitted By
ASHISH KUMAR NISHAD
Roll no. 1311
5th Year, 9th Semester, B.A.,LL.B (Hons.)

Submitted To
Sadaf Fahim
Faculty of Press and Media law

CHANAKYA NATIONAL LAW UNIVERSITY,

PATNA
September, 2019
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 ACKNOWLEDGEMENT

First of all I would like to say thank to almighty God, giving me strength to do this project

work.

Not forgotten my parents for providing me everything, most importantly money in this

context, to buy everything related to this project, such as Internet, Books, Computer and all

that, their advice and support was very much needed for this project.

Then I would like to thank my subject teacher Sadaf Fahim for assigning me this project on

Freedom of Press and Circulation and supporting me in completing this project.

Then I would like to thank to library staff, who cooperated me to find books on this topic

which proved beneficial in completing this project.

-----------Thanking you

Ashish Kumar Nishad,

Roll No-1311

5th year, 9th semester, B.A.,LL.B (Hons.)

Chanakya National Law University, Patna

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 TABLE OF CONTENTS

ACKNOWLEDGEMENT .........................................................................................................ii

CHAPTER I: INTRODUCTION ............................................................................................... 1

CHAPTER II: FREEDOM OF PRESS & ARTICLE 19(1)(a) ................................................. 2

CHAPTER III: STATUS OF FREEDOM OF PRESS IN INDIA ............................................ 4

CHAPTER IV: FREEDOM OF PRESS IN INDIA: CONSTITUTIONAL PERSPECTIVE ... 6

CHAPTER V: FREEDOM OF CIRCULATION ...................................................................... 9

CHAPTER VI CONCLUSION ............................................................................................... 11

BIBLIOGRAPHY .................................................................................................................... 12

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OBJECTIVE
The researcher has done research on the above topic for following issues:

a) To Understand The Concept of Freedom of Press And Circulation

b) To Check Constitutionality of Freedom of Press And Circulation.

HYPOTHESIS

The Researcher has a hypothesis regarding the research topic which is that:

Freedom of press is not specifically mentioned in the Constitution of India and what is
mentioned there is only freedom of speech and expression granted to each and every
citizen.

RESEARCH METHODOLOGY

The researcher has used doctrinal mode of research.

Research which provides a systematic exposition of the rules governing a particular legal
category, analyses the relationship between rules, explains areas of difficulty and predicts
future developments. It is qualitative since it does not involve statistical analysis of the
data.

SOURCES OF DATA

Primary Source: Constitution of India 1950.

Secondary Source: Textbooks and Websites.

MODE OF CITATION:

The researcher has followed ILI rules of footnoting throughout the course of this
Project.

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 CHAPTER I:
INTRODUCTION

Freedom of press is not specifically mentioned in article 19(1) (a)1 of the Constitution and
what is mentioned there is only freedom of speech and expression. In the Constituent
Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee,
that no special mention of the freedom of press was necessary at all as the press and an an
individual or a citizen were the same as far as their right of expression was concerned.

It is an absence of statutory and administrative control on dissemination of information,

ideas, knowledge and thoughts.

Freedom of press under USA constitution:-

The freedom of the press and of expression is guarded by the First Amendment to the US
Constitution which specifically lays down that this freedom be in no way abridge by the laws.
It is not Indian Leaders were not aware of the US First Amendment or of Jefferson’s famous
declaration when he said that

“Were it left me to decide whether we should have a government without newspaper or

newspapers without a government, I should not hesitate a moment to prefer the latter.”
Jawahar Lal Nehru echoed similar views “I would rather have a completely free press, with
all the dangers involved in the wrong use of that freedom, than a suppressed or regulated
press.”

1
Article 19(1)a of constitution of India 1950

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 CHAPTER II:
FREEDOM OF PRESS & ARTICLE 19(1)(a)

To preserve the democratic way of life it is essential that people should have the freedom of
express their feelings and to make their views known to the people at large. The press, a
powerful medium of mass communication, should be free to play its role in building a strong
viable society. Denial of freedom of the press to citizens would necessarily undermine the
power to influence public opinion and be counter to democracy.

Freedom of press is not specifically mentioned in article 19(1) (a) of the Constitution2 and
what is mentioned there is only freedom of speech and expression. In the Constituent
Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee,
that no special mention of the freedom of press was necessary at all as the press and an an
individual or a citizen were the same as far as their right of expression was concerned.

The framers of the Indian constitution considered freedom of the press as an essential part of
the freedom of speech and expression as guaranteed in Article 19 (1) (a) of the Constitution.

In Romesh Thaper vs State of Madras3 and Brij Bhushan vs State of Delhi4, the Supreme
Court took it for granted the fact that the freedom of the press was an essential part of the
right to freedom of speech and expression. It was observed by Patanjali Sastri J. in Romesh
Thaper that freedom of speech and expression included propagation of ideas, and that
freedom was ensured by the freedom of circulation.

It is clear that the right to freedom of speech and expression carries with it the right to publish
and circulate one’s ideast, opinions and other views with complete freedom and by resorting
to all available means of publication. The right to freedom of the press includes the right to
propagate ideas and views and to publish and circulate them. However, the freedom of the
press is not absolute, just as the freedom of expression is not. Public Interest has to be

2
Article 19(1) (a) of the Constitution
3
A.I.R. 1950 SC 124
4
A.I.R. 1950 SC 129; 1950 SCR 605

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safeguard by article 19(1)(2) 5 which lays down reasonable limitations to the freedom of
expression in matters affecting:

 Sovereignty and integrity of the State

 Security of the State
 Friendly relations with foreign countries
 Public order
 Decency and morality
 Contempt of court
 Defamation
 Incitement to an offence

5
Article 19 (1)(2) of constitution of India 1950

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 CHAPTER III:
STATUS OF FREEDOM OF PRESS IN INDIA

In Romesh Thapar v/s State of Madras, 6 Patanjali Shastri,CJ, observed that “Freedom of
speech & of the press lay at the foundation of all democratic organization, for without free
political discussion no public education, so essential for the proper functioning of the process
of popular government, is possible.” In this case, entry and circulation of the English journal
“Cross Road”, printed and published in Bombay, was banned by the Government of Madras.
The same was held to be violative of the freedom of speech and expression, as “without
liberty of circulation, publication would be of little value”.7

The Hon’ble Supreme Court observed in Union of India v/s Association for Democratic
Reforms8, “One-sided information, disinformation, misinformation and non information, all
equally create an uninformed citizenry which makes democracy a farce. Freedom of speech
and expression includes right to impart and receive information which includes freedom to
hold opinions”. In Indian Express Newspapers v/s Union of India,9 it has been held that the
press plays a very significant role in the democratic machinery. The courts have duty to
uphold the freedom of press and invalidate all laws and administrative actions that abridge
that freedom. Freedom of press has three essential elements. They are:

1. Freedom of access to all sources of information,

2. Freedom of publication, and

3. Freedom of circulation.

There are many instances when the freedom of press has been suppressed by the legislature.
In Sakal Papers v/s Union of India,10 the Daily Newspapers (Price and Page) Order, 1960,
which fixed the number of pages and size which a newspaper could publish at a price was

6
A.I.R. 1950 SC 124
7
Ibid
8
Union of India v/s Association for Democratic Reforms (2002) 5 SCR 294
9
Indian Express Newspaper vs Union of India(1985)1SCC 641
10
Sakal Papers vs Union of India, A.I.R. 1962 SC 305

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held to be violative of freedom of press and not a reasonable restriction under the Article
19(2). Similarly, in Bennett Coleman and Co. v/s Union of India, 11 the validity of the
Newsprint Control Order, which fixed the maximum number of pages, was struck down by
the Court holding it to be violative of provision of Article 19(1)(a) and not to be reasonable
restriction under Article 19(2). The Court also rejected the plea of the Government that it
would help small newspapers to grow.12

11
Bennett Coleman & Co. vs Union of India, A.I.R. 1973 SC 106; (1972) 2 SCC 788
12
Ibid

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 CHAPTER IV:
FREEDOM OF PRESS IN INDIA: CONSTITUTIONAL PERSPECTIVE

In India before Independence, there was no constitutional or statutory guarantee of freedom

of an individual or media/press. At most, some common law freedom could be claimed by the
press, as observed by the Privy Council in Channing Arnold v. King Emperor.13

“The freedom of the journalist is an ordinary part of the freedom of the subject and to
whatever length, the subject in general may go, so also may the journalist, but apart from
statute law his privilege is no other and no higher. The range of his assertions, his criticisms
or his comments is as wide as, and no wider than that of any other subject.”14

With object and views, the Preamble of the Indian Constitution ensures to all citizens inter
alia, liberty of thought, expression, belief, faith and worship. The constitutional significance
of the freedom of speech consists in the Preamble of Constitution and is transformed as
fundamental and human right in Article 19(1)(a) as “freedom of speech and expression.

For achieving the main objects, freedom of the press has been included as part of freedom of
speech and expression which is a universally recognized right adopted by the General
Assembly of the United Nations Organization on 10th December, 1948. The heart of the
declaration contained in Article 19 says as follows:

“Everyone has the right to freedom of opinion and expression, this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.” 15

The same view of freedom of holding opinions without interference has been taken by the
Supreme Court in Union of India v. Assn. for Democratic Reforms16 in which the Court has
observed as follows:

13
Arnold v King Emperor, AIR 1914 PC 116, 117.
14
Ibid
15
Article 19(1)a of constitution of India.
16
Union of Inda v. Assn. for Democratic Reforms, (2002) 5 SCC 294.

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“One-sided information, disinformation, misinformation and non information, all equally
create an uninformed citizenry which makes democracy a farce. … Freedom of speech and
expression includes right to impart and receive information which includes freedom to hold
opinions.”

In India, freedom of press is implied from the freedom of speech and expression guaranteed
under Article 19(1)(a) of the Constitution of India. Article 19(1)(a) says that all citizens shall
have the right to freedom of speech and expression. But this right is subject to reasonable
restrictions imposed on the expression of this right for certain purposes under Article 19(2).

Keeping this view in mind Venkataramiah, J. of the Supreme Court of India in Indian
Express Newspapers (Bombay) (P) Ltd. v. Union of India17 has stated:

“In today’s free world freedom of press is the heart of social and political intercourse. The
press has now assumed the role of the public educator making formal and non-formal
education possible in a large scale particularly in the developing world, where television and
other kinds of modern communication are not still available for all sections of society. The
purpose of the press is to advance the public interest by publishing facts and opinions without
which a democratic electorate [Government] cannot make responsible judgments.
Newspapers being purveyors of news and views having a bearing on public administration
very often carry material which would not be palatable to Governments and other
authorities.” 18

The above statement of the Supreme Court illustrates that the freedom of press is essential for
the proper functioning of the democratic process. Democracy means Government of the
people, by the people and for the people; it is obvious that every citizen must be entitled to
participate in the democratic process and in order to enable him to intelligently exercise his
right of making a choice, free and general discussion of public matters is absolutely essential.
This explains the constitutional viewpoint of the freedom of press in India.

The fundamental principle which was involved in freedom of press is the “people’s right to
know”. It therefore received a generous support from all those who believe in the free flow of

17
Express Newspapers (Bom.) P. Ltd v.. Union of India, (1985) 1 SCC 641
18
Ibid

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the information and participation of the people in the administration; it is the primary duty of
all national courts to uphold this freedom and invalidate all laws or administrative actions
which interfere with this freedom, are contrary to the constitutional mandate.

Therefore, in view of the observations made by the Hon’ble Supreme Court in various
judgments and the views expressed by various jurists, it is crystal clear that the freedom of
the press flows from the freedom of expression which is guaranteed to “all citizens” by
Article 19(1)(a). Press stands on no higher footing than any other citizen and cannot claim
any privilege (unless conferred specifically by law), as such, as distinct from those of any
other citizen. The press cannot be subjected to any special restrictions which could not be
imposed on any citizen of the country. 19

19
Article 19(1)a of constitution of India.

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 CHAPTER V:
FREEDOM OF CIRCULATION

Freedom of press consists of a number of rights and one such right is freedom of publication.
Publication means dissemination and circulation. Liberty of circulation is as essential to that
freedom as the liberty of publication. Indeed without circulation the publication would be of
little value." The newspapers should have the freedom to publish any number of pages or to
circulate it to any number of persons." Attempts were made to regulate the dissemination and
circulation of newspapers by the government through legislative or executive measures.
Ramesh Thappar, 20 Sakai Papers,21Bennett Coleman22 and Indian Express" all cases bear
testimony to these attempts.

Prohibition on Circulation

In Ramesh Thappar the question was the scope of the freedom of circulation under Article 19
(1) (a) of the Constitution. The government of Madras banned the entry and circulation of an
english weekly, 'Cross roads', published from Bombay into the city of Madras. The Madras
Maintenance of Public Order Act, 1949, permitted the State to prohibit the entry into or
circulation of any document or classes of document within the state or any part of it.23 The
petitioner contended that this provision contravened Article 19 (1) (a) of the Constitution and
was hence void. The state argued that the expression 'public safety' in Section 9 (1-A) relates
to law and order which in turn has a relation to "security of province". In other words, it
amounted to imposition of reasonable restriction in the interest of security of state under
Article 19 (2). However, Section 9 (1-A) specifically refers to `public safety' and the
'maintenance of public order' as the purpose for which any action may be taken. The question
before the Court, was whether to read public order as a wider concept inclusive of public
safety or treat it as distinct and exclusive. If public safety and public order were treated as
distinct grounds then the Madras legislature was incompetent to legislate a law in the interest

20
Ramesh Thappar v. State of Madras, A.I.R. 1950 S.C. 124.
21
Sakai Papers (P) Ltd. v. Union of India, A.I.R. 1962 S.C. 305.
22
Bennett Coleman & Co. Ltd. v. Union of India, A.I.R. 1973 S.C. 106.
23
The Madras Maintenance of Public Order Act 1949, Section 9 (1-A).

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of public safety The Supreme Court held that the expression "public safety" ordinarily means
security of the public or freedom from danger

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 CHAPTER VI
CONCLUSION

At last it can be concluded that, The Freedom of the Press is nowhere mentioned in the Indian
constitution. The Right to Freedom of Speech and Expression is provided in Article 19(1)(a)
of the Indian Constitution. It is believed that Freedom of Speech and Expression in Article
19(1)(a) of the Indian constitution include freedom of the press. Freedom of expression
enables one to express one’s own voices as well as those of others. But freedom of the press
must be subject to those restrictions which apply to the freedom of speech and expression.
The restrictions mentioned in Art. 19 are defamation, contempt of court, decency or morality,
security of the state, friendly relations with other states, incitement to an offence, public order
and maintenance of the sovereignty and integrity of India. The status of freedom of the press
is the same as that of an ordinary citizen. The press cannot claim any immunity from taxation,
is subject to the same laws regulating industrial relations, and press employees are subject to
the same laws regulating industrial employment.

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 BIBLIOGRAPHY

PRIMARY SOURCES

 Constitution of India,1950

SECONDARY SOURCES

Books Referred

 Basu Durga Das, Press & Media Law, 9th Edition 2014, Lexis Nexis, 659-660.
 Dr. S.R. Myneni, Media Law, 2017, Asia Law House, Hyderbad, 110.
 Dr. Sanjana Rajput, Freedom of Press, 231,(M. Hidayatullah ed., 1986).
 P. Subhash Aiyar, The Law Lexicon (Justice Y.V. Chandrachud Et Al. Eds., 2002)
 M.P. Jain, Indian Constitutional Law 7th Edition 2014, Lexis Nexis.
 V.N. Shukla’s The Constitution Of India (M.P. Singh Ed., 2001).
 P. Ramanatah Aiyar’s The Law Lexicon (Justice Y.V. Chandrachud Et Al. Eds.,
2002).
 Venkataraman, The Status Of An Unconstitutional Statute, J. Ind. L. Inst.401 (1960).
 Pal Samaraditya, India’s Constitution Origins and Evolution, Volume 1, 2014, Lexis
Nexis.

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