Free fall

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Free fall

News:

  1. The recent Puthiya Thalaimurai Case in Tamil Nadu  is considered as a direct attack on press freedom.

Important facts:

2. Certain remarks were made by the invited guests on the TV channel of Tamil Nadu.

3. They were booked for making such remarks which is directly considered as restriction on expressing views.

4. The Tamil Nadu government came under criticism for slapping a case against TV channel under Section 153A of the Indian Penal Code(pertaining to promoting enmity between groups), and other sections of the law.

5. There have been apprehensions that the State government is using its dominance of the distribution space to bring news coverage by TV channel in line.

Related concepts :

Freedom of press:

  • The fundamental rights of the freedom of press implicit in the right the freedom of speech and expression is essential for the political liberty and proper functioning of democracy.
  • Unlike the American Constitution, Art. 19(1)(a) of the Indian Constitution does not expressly mention the liberty of the press but it has been held that liberty of the press is included in the freedom of speech and expression.

What is Freedom of Speech and Expression?

  •  Freedom of speech and expression is broadly understood as the notion that every person has the natural right to freely express themselves through any media and without outside interference, such as censorship, and without fear of reprisal, such as threats and persecutions.
  •   Freedom of expression is a complex right as freedom of expression is not absolute.
  •   It carries with it special duties and responsibilities therefore it may be subject to certain restrictions provided by law.

Freedom of Speech and Expression as per the Indian Constitution:

  • Article 19(1) (a) of the Constitution of India guarantees to all its citizens the right to freedom of speech and expression.
  •  The law states that, “all citizens shall have the right to freedom of speech and expression”.
  • Under Article 19(2) of the Constitution of India imposes restrictions on the right to freedom of speech and expression.
  •  The law states that, “reasonable restrictions can be imposed on the exercise of this right for certain purposes. Any limitation on the exercise of the right under Article 19(1) (a) not falling within the four corners of Article 19(2) cannot be valid.”
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