Landmark Legal Cases on Press Freedom

Jan 24, 2025

Landmark Cases on Freedom of Press

Introduction

  • Discusses landmark cases in freedom of press.
  • Focus on trailblazing cases such as Benetton & Coleman vs. Union of India, Indian Express vs. Union of India, Ministry of Information and Broadcasting vs. Cricket Association of Bengal, and Shreya Singhal vs. Union of India.
  • Importance of understanding the backdrop and judgment of each case.

Benetton & Coleman vs. Union of India

  • Background: Largest media conglomerate in India.
  • Conflict over Newsprint Control Order of 1962 under Essential Commodities Act.
    • Aimed to reduce imports and promote domestic production.
    • Imposed quantitative controls like page limits.
  • Judgment: Supreme Court declared these restrictions unconstitutional as they curtailed freedom of speech (Article 19.1).
  • Impact: Reinforced freedom of press under Article 19.1a.

Indian Express vs. Union of India (1985)

  • Background: Government imposed import duties on newsprint.
  • Conflict: Increased newsprint prices affecting circulation and reach.
  • Petition argued it violated freedom of speech.
  • Government's Argument: Taxation was an economic policy, not a direct restriction on press freedom.
  • Judgment: Taxes allowed but within reasonable limits to ensure press freedom.
  • Impact: Highlighted the sensitivity of newspaper industry to economic policies.

Ministry of Information and Broadcasting vs. Cricket Association of Bengal

  • Background: Cricket Association of Bengal wanted private broadcast rights.
    • Resistance from Doordarshan's monopoly.
  • Supreme Court's Judgment: Declared airwaves as public property.
  • Impact: Led to expansion of private channels; reduced government monopoly.

Shreya Singhal vs. Union of India (2015)

  • Background: Section 66A of IT Act punished "offensive" information on internet.
    • Arrests for social media posts highlighted ambiguity.
  • Conflict: Section's vagueness led to arbitrary enforcement, chilling free speech.
  • Judgment: Supreme Court struck down Section 66A.
    • Declared it unconstitutional.
  • Impact: Set precedent for internet freedom and clarified limits of restriction.

Key Takeaways

  • Freedom of press is intertwined with freedom of speech (Article 19.1a).
  • Legal precedents established clarity on government limitations.
  • Importance of understanding how economic and technological changes impact press freedom.

Conclusion

  • Stay informed with reliable sources on current legal developments.
  • Focus remains on understanding nuances of landmark judgments for exams like UGC NET.

Study Tips

  • Continuously review landmark cases and their impacts.
  • Utilize available free resources and maintain preparation momentum.
  • Stay updated with credible information and avoid speculation.