Freedom of the Press Origin and importance. How did begin? When press surfaced on the horizon- very little knowledge of objectives/functions Press developed,

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Freedom of the Press Origin and importance

How did begin? When press surfaced on the horizon- very little knowledge of objectives/functions Press developed, expanded and slowly started taking on several functions Functions of the press- to inform, entertain, watchdog, empower… In order to carry out these functions- needed some rights

Early pioneers Milton spoke about need for freedom of expression- Areopagatica Speech to Parliament against the licensing act Instead of state controlling writing- free marketplace of ideas and self-regulating mechanism Basis for a libertarian press- absolute freedom The British Parliament allowed the licensing act to lapse in 1692

American context Framers of the constitution- keeping the bad experience of the British rule and restrictions on the press Included special rights for the press- 1 st Amendment to the constitution (1791) The Congress shall not make any laws restricting the freedom of the press… Society has safeguarded the right to expression ruthlessly

Indian context Indian Constitution- no special reference to freedom of the press General provision- Art 19(1)(a) guarantees all freedom of speech and expression Various court decisions have added to the special rights of the press The press has the right to : print and publish without any restrictions, both news and views; to criticize; to circulate anywhere in India; to print any number of pages; access public information

Reasonable restrictions Art 19(2)- reasonable restrictions in the interest of society: security and sovereignty, friendly relations, decency and morality, contempt of court… Art 19(6)- business matters to control monopoly and unfair trade restrictions All general laws apply to the press, but there cannot be any special laws against the press

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