[cr-india] judgment on airwaves - 10th anniversary

[sajan venniyoor]

Today is the 10th Anniversary of the Supreme Court judgment on airwaves.

On 9 Feb 1995, Justice P.B. Sawant and Justice S. Mohan, in a case between the Union of India & Cricket Association of Bengal observed that:

"Airwaves constitute public property and must be utilised for advancing public good. ... It is the duty of the State to see that airwaves are so utilised as to advance the free speech right of the citizens which is served by ensuring plurality and diversity of views, opinions and ideas. This is imperative in every democracy where freedom of speech is assured."

"The Central Government shall take immediate steps to establish an independent autonomous public authority representatives of all sections and interests in the society to control and regulate the use of the airwaves."

"A successful democracy posits an “aware” citizenry. Diversity of opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgement on all issues touching them. This cannot be provided by a medium controlled by a monopoly – whether the monopoly is of the State or any other individual, group or organisation."

"The Indian Telegraph Act, 1885 is totally inadequate to govern an important medium like the radio and television, i.e., broadcasting media. The Act was intended for an altogether different purpose when it was enacted. This is the result of the law in this country not keeping pace with the technological advances in the field of information and communications. While all the leading democratic countries have enacted laws specifically governing the broadcasting media, the law in this country has stood still, rooted in the Telegraph Act of 1885."

Sajan.
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