Case 26 of 30 in Law Easy's Media Law series. Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd., Supreme Court of India, decided 1995.
FACTS
Tata Press published Tata Press Yellow Pages, a buyer's guide made up of advertisements. Mahanagar Telephone Nigam, the public telephone company, sued to stop it, arguing that under the Indian Telegraph Act only it could publish a telephone directory.
WHAT THE COURT HELD
In 1995, in a judgment by Justice Kuldip Singh, the Supreme Court held that commercial speech is part of freedom of speech and expression under Article 19(1)(a), because the public has a right to receive information about goods and services. Commercial speech that is deceptive, unfair, misleading or untruthful can be regulated or prohibited. The Yellow Pages was a buyer's guide, not a telephone directory, so it could be published.
EXAM POINT
Compare with Hamdard Dawakhana (1959), which the Court said had been stated too broadly and concerned prohibited drugs.
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