Rights of the media

Pre-censorship law in India has important ramifications, argue Jasleen Oberoi, Surbhi Mehta and Deepro Guha

Freedom of the press emanates from article 19(1)(a) of the Constitution of India, which guarantees freedom of speech and expression to all citizens. This is unlike the American constitution, which by way of the first amendment expressly provides for freedom of the press.

The rights of the press are not absolute but are subject to certain reasonable restrictions as set out in article 19(2) such as public order, defamation, decency, morality, security of state, etc. Pre-censorship, i.e. the act of censoring a publication or film before its release to the public, often entails the balancing of rights provided under article 19(1)(a) with the restrictions set out in article 19(2).

The courts have evolved varying standards to determine the validity of pre-censorship of different forms of media such as the print media and films. The subject matter is relevant inasmuch as an article on the private life of a public figure may be treated differently than one on an important social issue.

Jasleen Oberoi is a partner at Shardul Amarchand Mangaldas & Co in Delhi, where Surbhi Mehta and Deepro Guha are associates.