FREEDOM OF SPEECH & EXPRESSION

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The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech and expression" (Article 19 (1) (a)). However this right is subject to restrictions under sub clause (2), whereby this freedom can be restricted for reasons of “sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt, court, defamation, or incitement to an offense”.


Laws such as the Official Secrets Act and Prevention of Terrorism Act (PoTA) have been used to limit press freedom. Under PoTA, person could be detained for up to six months for being in contact with a terrorist or terrorist group. PoTA was repealed in 2006, but the Official Secrets Act 1923 continues.
For the first half-century of independence, media control by the state was the major constraint on press freedom. Indira Gandhi famously stated in 1975 that All India Radio is “a Government organ, it is going to remain a Government organ...”.


With the liberalization starting in the 1990s, private control of media has burgeoned, leading to increasing independence and greater scrutiny of government. Organizations like Tehelka and NDTV have been particularly influential, e.g. in bringing about the resignation of powerful Haryana minister Venod Sharma. However, this freedom of speech and expression is automatically canceled during emergency. The word “Reasonable” was not present in the original article 19 (1) (a) but was later on added to this article.
 
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