INDIA'S MEDIA FREEDOM: A LEGAL PERSPECTIVE

Authors

  • Reecha LLB, Department of Law Maharishi Dayanand University, Rohtak

Keywords:

Indian Constitution, Courts, Judgements, Speech and Expression, Journalism

Abstract

One of the fundamental tenets of a democracy is journalism. Often called the "Fourth Estate," journalism educates the public about its societal and democratic responsibilities. Journalists serve as society's watchdogs. The media is not, however, totally free to act in any way that they see fit. The media is governed by the same laws that govern the behavior of the State, its institutions, and its citizens. The legal system binds journalists just like it does any other profession. The Indian Constitution serves as the foundation for all national media regulations. The freedom of speech and expression is one of the most significant rights that citizens, including the media, are given by the Constitution. The goal of this research was to identify journalists' freedom of speech and expression and to comprehend how the law has addressed this freedom in various instances and rulings. The document examines the Indian constitution's provision of freedom of speech and expression and how Indian courts have interpreted it for the media through various rulings and case laws. It is predicated on an examination and evaluation of eleven court cases that the Indian courts have rendered.

References

Alexander, S.L. (2003). Covering the courts: A handbook for journalists. Second Edition. Maryland: Rowman & Littlefield Publishers.

Baskhi, P.M., (1985) Press Law: An Introduction, BTRFI Publications.

Basu, D.D., Law of the Press, Wadhwa Publishers (2002)

Burns, Y. (1990). Media Law. Cape Town: Butterworths Publishers.

Freedom of Media in India – A Legal Perspective 201

Divan, Madhavi Goradia. (2006) Facets of Media Law. Eastern Book Company Publishing Pvt. Ltd., Lucknow

Gies, L (2007) Law and The Media: The Future of An Uneasy Relationship (London: Routledge-Cavendish).

Gupta, B.R. (Editor). (2006) JK Laws (Volume 11, 14, 16, 18, 20, 22 ) published by Jay Kay Law Reporter (P) Limited, J&K

Kundra, S. (2005). Media Laws and Indian Constitution. Anmol Publications Pvt. Ltd; New Delhi.

Mudgal, Rahul (2009). Journalism and Law. Sarup Book Publishers Pvt. Ltd., New Delhi

Neelamalar, M. (2010). Media Law and Ethics. PHI learning Pvt. Ltd-New Delhi.

Pandy, K.S. Battle for freedom of Press in India. Academic Foundation, Delhi (1991).

Shipra, Kumari. (2008). Indian Law and Press. Omega Publishers

Bennett Coleman & Co. v. Union of India (AIR 1973 SC 106)

Brij Bhushan v State of Delhi (AIR 1950 SC 129)

Express Newspapers (P) v. Union of India (AIR 1958 SC 578)

Indian Express Newspapers v Union of India ((1985) 1 SCC 641)

M.S.M. Sharma v. Krishna Sinha [AIR 1959 SC 395]

Maneka Gandhi v. Union Of India (AIR 1978 SC 597)

Ministry of Information and Broadcasting v Cricket Association of India (1995 2 SCC 161)

Prabhu Dutt v. Union Of India (AIR 1982 SC 6)

Printers (Mysore) Ltd, v Asstt. Commercial tax officer (1994) 93 Sales Tax Cases 95: (1994) 2 SCC 434)

Sakal Papers Pvt. Ltd. v Union of India (AIR 1962 SC 305)

Tata Press Ltd. v Mahanagar Telephone Nigam Ltd ((1995) 5 SCC 139)

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Published

31-03-2019

How to Cite

Reecha. (2019). INDIA’S MEDIA FREEDOM: A LEGAL PERSPECTIVE. International Journal for Research Publication and Seminar, 10(1), 69–78. Retrieved from https://jrps.shodhsagar.com/index.php/j/article/view/1244

Issue

Section

Original Research Article