Case 30 of 30 in Law Easy's Media Law series. Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal, Supreme Court of India, decided 1995.
FACTS
The Cricket Association of Bengal wanted to arrange television coverage of cricket matches, including the Hero Cup. A dispute arose about who could produce and send the television signal and whether Doordarshan could insist on controlling the broadcast.
WHAT THE COURT HELD
In 1995 the Supreme Court held that airwaves, the radio frequencies used for broadcasting, are public property and their use must serve the public interest. A state monopoly is not an automatic answer to every broadcasting request. The Court called for an independent public authority to regulate airwaves and recognised that Article 19(1)(a) protects both giving and receiving information.
EXAM POINT
Broadcasting differs from printing because signals use limited technical resources, which justifies regulation but not treating airwaves as the personal voice of the party in government.
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