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8/7/2019 Media Law and Ethics Article 19#
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Media Law and EthicsMedia Law and EthicsPart 1
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Article 19Article 19
19(1) All citizens shall have the right
(a) To freedom of speech and expression(b) To assemble peacefully and without arms
(c) To form associations or unions
(d) To move freely throughout the territory of India
(e) To practice any profession, to carry on any occupation,trade or business
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Article 19 (2)Article 19 (2)
19 (2)Nothing in the sub-clause (a) of clause (1) shall affect
the operation of any existing law, or prevent the state
from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right
conferred by the said sub-clause in the interests of the:
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Reasonable RestrictionsReasonable Restrictions
1. Sovereignty and Integrity
2. Security of State3. Friendly relations with foreign states
4. Public order
5. Decency or morality
6. Contempt of Court7. Defamation
8. Incitement to an offence
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Freedom of the PressFreedom of the Press
Freedom of the Press is an un-enumerated freedom and
it includes:
The right to print and publish without any interference
from the State or any public authority except insofar as
it is authorized by the Constitution and by the laws.
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Freedom to print, public andFreedom to print, public and
In Ramesh Thapar Vs State of Madras (1950) the
Supreme Court ruled that Freedom of Press includes
Freedom of Circulation
And
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Original Article 19 (2)Original Article 19 (2)
Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law in so far as it relates to,
or prevent the State from making any law relating to,
libel, slander, defamation, contempt of court or any
matter which offends against decency, morality or
which undermines the security of, or tends to
overthrow the state.
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Public order and threat to thePublic order and threat to thestatestate
unless a law restricting freedom of speech and
expression is directed solely to undermining of the
security of the state or its overthrow, such law cannot
fall within the reservation under 19(2), although the
restrictions which it seeks to impose may have been
conceived generally in the interest of public order
(Ramesh Thapar Vs State of Madras)
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BharatiBharati Press CasePress Case
If a person were to go on inciting to murder or other
cognizable offences either through the press or by
word of mouth, he would be free to do so with
impunity and that such utterances would not fall
within restrictions authorised by Article 19(2)
Patna High Court
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AreluctantAreluctant judgementsjudgements
Justice Sarajoo Prasad J. stated:
I wish that my decision on the point would sooner thanever come to be tested by the Supreme Court itself
and the position re-examined in the light of the
anomalous situation pointed out above.
The Supreme Court reversed the decision
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BrijiBriji BhushanBhushan Vs State of DelhiVs State of Delhi
Organiser, English Weekly challenges Chief
Commissioner of Delhi, writ of certiorari, writ of
prohibition
Orderunder Section 7(1)(C) of the East Punjab Public
Safety Act
Requires scrutiny of all communal matters aboutPakistan for pre-censorship
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SCSC JudgementJudgement
Relying on Ramesh Thapar Case, the Supreme Court
squashes the order, upholds the petition on the
ground that:
the liberty of the press consists in laying no previous
restraint upon publications..
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Constitutional Amendment ActConstitutional Amendment Act19511951
Nothing in sub-clause (a) of clause (1) shall affect the
operation of any existing law in so far as it relates to,
or prevent the State from making any law..in the
interests of the security of the state, friendly relations
with foreign states, public order, decency or morality,
or in relation to contempt of court, defamation or
incitement to an offence.