Reflections on free speech and broadcasting in India
December 2005, Vikram Raghavan, Community Radio-India
This essay examines the legal and regulatory challenges faced by broadcasting in India as it grows in its multiple uses and enormous influence. It focuses on the tension between the Indian Constitution's guarantee of free speech and discusses whether the government can restrict broadcasting services more so than other forms of expression, such as newspapers or public speeches. The essay gives the background on the evolution of free speech as a fundamental right from Article 19 of the Indian Constitution and on its relationship to early broadcasting. Detailed case studies highlight how broadcasting in India was initially under state control but courts have upheld citizens' rights to receive and transmit information.