Telecommunication State Laws - Right to Telecast

Did you know that telecommunication state laws include the right to telecast? Busy as our lives maybe, we come back to our homes and spend considerable time watching TV to relax and not miss our favorite programs. Did you know that Indian telecommunication laws give you the right to watch and entertain and educate yourself from these programs? In this discussion, let’s also talk about broadcasting services.

Telecommunication State Laws: What are the Fundamental Rights to Telecast?

The rights to telecast are mentioned in Article 19(1) (0) of the Indian Constitution, which includes the right to freedom of speech and expression. The reason behind this is that broadcasting services convey expressive visual content.

The issue regarding rights to telecast emerged in the case, Secretary, Ministry of Information and Broadcasting v Cricket Association of Bengal AIR 1995 SC 1236, (1995) 2 SCC 161, popularly recalled as the Cricket Association case.

The fundamental rights to broadcast include:

• The right to free speech which further comprises the right to educate, entertain and inform.
• The right to free speech includes the right to get educated, entertained and informed. The verdict held that although the government may employ some restrictions to this right, it must as well justify those restrictions.
• The freedom of disseminating information and views in India and abroad. This meant that Indian artists and performers have the right to convey their views through productions, dance, dramas and songs.
• Satirists and comedians have the right to parody contemporary events and public figures.

Further, the freedom of speech of investigative journalists working for television and the Internet is protected under Article 19(1) (0) of the Indian Constitution.

Telecommunication State Laws: Right to Establish Broadcasting Station

The question of law about to the right of establishing a broadcasting station has been raised twice in the court, under the following two famous cases:

• AK Gopalan v State of Madras AIR 1950 SC, [1950] 1 SCR 88
• PL Lakhanpal v Union of India AIR 1982 Del 167

In the second case, the verdict of the Delhi High Court was that freedom of speech provides the right to broadcast. However, it did not provide the right to establish a broadcasting station. The judges in the case had contrasting verdicts on the issue but they stated that the Parliament could create a law allowing private broadcasting.