Abstract

This paper focuses on analyzing the nature of state-imposed restrictions on the freedom of the press in India. The author has understood and demarcated the nature of restrictions imposed on the said freedom in three categories, namely the censorship approach, the forced-price hike approach, and the legislative approach. The paper also delves into the nature of judicial decisions whenever the liberties of media are curtailed by the state by employing the above-stated approaches. Judiciary has come to the aid of media in several cases where censorship, imposition of taxes, and duties on newspapers or statutes limiting the freedom of the press have been held as unconstitutional. The author has finally classified the approach taken to curtail media in two categories, namely overt and covert categories. The overt approach encompasses methods to directly and ostensibly regulate the freedom of the press, for instance, through censorship method and the covert approach encompasses the methods to indirectly and discreetly permit the state to regulate the press, such as the law relating to defamation that can be used to impose fetters on the media. The piece concludes with certain suggestions to strengthen the institution of media in India.

Keywords