Article 19

Fundamental Rights in the Constitution of India:

• The Constitution of India guarantees civil liberties through Fundamental Rights, essential for protecting the rights and liberties of the people against government encroachment.

Right to Freedom:

• Personal liberty, encompassing freedom of speech and expression, assembly, association, movement, residence, and profession, forms the backbone of fundamental rights in India.

Restrictions on Fundamental Freedoms:

• The six fundamental freedoms under Article 19(1) are not absolute and are subject to reasonable restrictions for the purpose of security, public order, decency, morality, contempt of court, defamation, and integrity and sovereignty of India.

Freedom of Speech and Expression:

• Article 19(1)(a) secures freedom of speech and expression for every citizen, with reasonable restrictions empowering the state to maintain security, public order, decency, morality, and sovereignty.

Freedom of Press:

• The liberty of the press includes printing and publishing without prior permission, extending to newspapers, periodicals, pamphlets, and every form of publication for dissemination of information and opinion.

Bennett Coleman & Co. v. Union of India:

• The import policy for newsprint was found to be violative of freedom of speech and expression under Article 19(1)(a) and 14 of the constitution, impacting the economic viability and freedom of expression of newspapers.

Romesh Thappar v. State Of Madras:

• The freedom of speech and expression, guaranteed under Article 19(1)(a), ensures the right to express opinions through any communicational medium, essential for the democratic process.

Conclusion:

• The Constitution of India safeguards fundamental rights, including freedom of speech and expression, by imposing reasonable restrictions to balance individual liberties and the interests of the state.

Freedom of Press and Censorship:

• In the case Delhi (AIR 1950 SC 129), pre-censorship of a journal was struck down as it infringed on the freedom of speech and expression.
• The court emphasized that freedom of press cannot be curtailed for regulating the commercial aspects of newspapers.

Freedom of Speech, Expression, and Press Regulations:

• In Sakal Paper v. Union Of India (AIR 1962 SC 305), limitations on newspapers like fixing prices and pages were held unconstitutional.
• The Supreme Court emphasized that restrictions on freedom of speech can only be on the grounds specified in Article 19(2).

Role of Media in Democratic Society:

• Media serves as the fourth estate outside the Government and plays a crucial role in upholding democracy.
• Freedom of the press is essential for imparting information to the public and ensuring transparency in governance.

Freedom of Speech in Electronic Media:

• Commercial speech is protected under Article 19(1)(a), expanding the rights of media agencies like Tata Press.
• The judiciary clarified that regulation of commercial advertisements can be enforced if they are deceptive or misleading.

Rights Within Convicted Individuals:

• Freedom of the press, included within freedom of speech and expression, is essential for journalistic investigations like sting operations.
• While media has the right to disseminate information, it also must balance public interest with ethical considerations.

Legal Interpretations and Press Rights:

• The Constitution of India upholds press freedom as a special right under Article 19(1)(a) with certain restrictions.
• The media's freedom is indicative of a state's democratic character, emphasizing the importance of investigative journalism.

Commercial Speech and Regulations:

• The Supreme Court affirmed that the right to commercial speech is protected under freedom of speech and expression.
• Governmental regulations on advertisements are permissible if they aim to prevent deceptive or unfair practices.

Legal Standpoints on Media Rights:

• State Trading Corporation case established that corporations cannot invoke fundamental rights akin to citizens.
• Judicial opinions varied regarding whether incorporated entities can seek protection for fundamental rights.

Legal rights of journalists to interview prisoners:

• Court rulings have supported the right of journalists to interview condemned prisoners, emphasizing it as a fundamental right to freedom of speech and expression.
• Permission for such interviews is subject to relevant rules/regulations in the jail manual.

Accountability and responsibility of the press:

• The constitutional right to freedom of speech and expression, including that of the press, is not absolute and comes with the duty not to violate any law.
• The press is entitled to freedom of speech and expression as long as it does not invade the rights of others and does not violate essential aspects of public order and decency.

Conditions for conducting sting operations:

• Sting operations can be justified if carried out with proper protocol and codes of conduct.
• Laws governing sting operations need to be strengthened to ensure ethical and lawful practices.

Rights of the press to publish public records:

• The press has the right to publish public records, even without the consent of the individual involved, as long as proper verification of facts is conducted.
• Once a matter becomes public record, the right to privacy no longer subsists and becomes a legitimate subject for press commentary.

Restrictions on prison interviews and tape-recording:

• Interviews with prisoners are subject to reasonable restrictions, and factual information collected should be cross-checked with authorities.
• Tape-recording interviews requires special permission and should respect the willingness of prisoners to be interviewed.

Freedom of speech and expression in relation to films:

• Films are treated separately from other forms of expression, and pre-censorship and classification are justified under Article 19(2) due to their potential to deeply stir emotions.
• The scope and extent of freedom of speech and expression were examined in specific cases, highlighting the need for classification and regulation of films.

Freedom of speech and expression in relation to privacy:

• The right to privacy is not specifically identified under the Constitution, and its infringement depends on the facts of the case.
• The press must obtain the willingness of the person to be interviewed, and no court can pass any order if the person expresses unwillingness.

Validity of restrictions on interviews and exhibition of films:

• The freedom of speech and expression, including that of the press, is not absolute and is subject to reasonable restrictions in the interest of the public.
• Classifications and restrictions on films have been held to be valid due to their potential to evoke strong emotions and the need for regulation.

LIC Discriminatory Practices Case:

• LIC's discriminatory practices adversely affected policy holders
• Supreme Court ruled LIC must act in the community's best interest

Bhopal Gas Disaster Documentary:

• Court upheld respondent's right to convey views on the gas disaster
• Community had a right to know about the gas leak and its consequences

HONI-ANHONI Telecast Controversy:

• Social organization's plea to restrain telecast of serial was denied
• Citizens' right to exhibit films is guaranteed under Article 19(1)(a)

Bandit Queen Case:

• Court upheld validity of film 'Bandit Queen' certificate
• Film was meant to depict a serious social issue

Right to Information Act 2005:

• Right to information is part of freedom of speech and expression
• Act empowers citizens to seek information on governance matters

Electronic Media Rights:

• Supreme Court allowed private broadcasters right to airwaves
• Freedom of speech and expression extends to electronic media

SC Judgement on Telecasting Sporting Events:

• Citizens have right to telecast important events through electronic media
• Government can impose restrictions only as per Article 19(2)

Print Media Privilege Case:

• Legal proceedings against newspaper editor for publishing expunged speech parts
• Editor's plea under Article 32 regarding Bihar Legislative Assembly

Supreme Court's Decision on Publication Prohibition:

• The Supreme Court rejected the contention that the House of Commons had the power to prohibit the publication of debates or proceedings, even if accurate or faithful.
• Article 361-A inserted by the 44th Amendment provides protection from civil or criminal proceedings for reporting proceedings of Parliament or a State Legislature, except for secret sittings.

Freedom of Speech and Expression Regarding the National Flag:

• The Supreme Court affirmed that flying the national flag is a fundamental right, subject to reasonable restrictions under Article 19(2).
• The Flag Code, while not a law, is to be followed for preserving respect and dignity of the national flag.