The International Forum for Responsible Media Blog

Category: India (Page 1 of 2)

Case Law, India: Puttaswamy v Union of India, Supreme Court recognises a constitutional right to privacy in a landmark judgment – Hugh Tomlinson QC

On 24 August 2017, a nine judge bench of the Supreme Court of India handed down its decision in the important constititutional case of Puttaswamy v Union of India [pdf].  In a remarkable and wide ranging 547 page judgment the Court ruled unanimously that privacy is a constitutionally protected right in India. This is landmark case which is likely to lead to constitutional challenges to a wide range of Indian legislation. Continue reading

India: Intermediary liability regime, a historic opportunity missed by the Supreme Court – J Sai Deepak

India Supreme-Court1Ever since the pronouncement of the judgment by the Supreme Court [pdf] on March 24, 2015 in what I prefer to call the “IT Writ Petitions” (since they went beyond Section 66A of the Information Technology Act, 2000), a lot has been written on mainstream and alternative forums on the striking down of Section 66A (see this Inforrm post). Continue reading

Case Law, India: Shreya Singhal v Union of India: Law on offensive communications ruled unconstitutional – Jonathan McCully

SupremeCourtIndia1On 24 March 2015, the Supreme Court of India ruled on the constitutionality of various provisions in India’s Information Technology Act 2000 in Shreya Singhal v Union of India W.P. (Crim.) No 167 of 2012. Most notably, the Supreme Court held that India’s law on offensive communications was unconstitutional as it was liable to be used in a way that would unnecessarily curb freedom of speech and expression. Continue reading

Does India need its Leveson? – Arghya Sengupta

RTR20GEN-620x438India has its own fierce debate about media regulation. Arghya Sengupta discusses how the shadow of the 1970s “Emergency” hangs over proposed steps from failed self-regulation to statutory regulation.

Lord Justice Leveson’s widely anticipated report on the British press is of considerable interest in India, where a feisty discussion on regulating an increasingly powerful print and broadcasting media has been brewing for the past year. The outspoken Chairman of the Press Council of India Markandey Katju has declared the futility of self-regulation with the words, ‘self-regulation is no regulation at all’. Continue reading

News from India: Allegations of Bribery, Libel, the Army and the Constitution

A remarkable defamation case has been before the courts in India over the past few months.  Criminal and constitutional proceedings have been brought by  retired Lt Gen. Tejinder Singh (pictured) a former director general of Defence Intelligence Agency against the Army Chief of Staff, General V K Singh and four others over a press release making an allegations of bribery against him.  The criminal proceedings are continuing but the constitutional proceedings were not successful. Continue reading

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