...then asked to be allowed to amend the petition so as to be able to challenge pre-censorship itself as offensive to freedom of speech and expression and alternatively the provisions of the Act and...capital in promoting or producing a film must have clear guidance in advance in the matter of censorship of films even if the law of pre-censorship be not violative of the fundamental right....8. When the matter came up for hearing the petitioner raised four points: (a) that pre-censorship itself cannot be tolerated under the freedom of speech and expression, (b) that even...

...art has greater capabilities of stirring up emotions and making powerful mental impact so much so the treatment of this form of art on a different footing with pre-censorship may well be regarded as a...cinema pictures. So it is that a special legislation viz. the Act of 1952, sets-up a Board of Censors of high calibre and expertise, provides hearings, appeals and ultimate judicial review, pre...-censorship and conditional exhibitions and wealth of other policing strategies. In short, a special machinery and processual justice and a host of wholesome restrictions to protect State and society are woven...

...Constitution Bench of this Court considered important questions relating to pre-censorship of cinematograph films in relation to the fundamental right of freedom of speech and expression. K.A Abbas, a noted...at the earliest possible date. The two issues which survived thereupon were: (a) that pre-censorship itself cannot be tolerated under this freedom of speech and expression; (b) that even if it were a...of communication. It cannot be allowed to function in a free marketplace just as does the newspapers or magazines. Censorship by prior restraint is, therefore, not only desirable but also necessary...

...pre-censorship like the one we have here, does impede the right to freedom of expression. The Supreme Court has laid down in the above two decisions that so long as the security of the State was not...and ‘ultra vires’ on that ground. In the material provision relating to pre-censorship, viz., S. 6A, the words ‘Security of State’ are not mentioned. It might have been the intention to add the words...amended S. 6A with the result that the two decisions of the Supreme Court would apply, as there is no question of the Security of the State being affected if the pre-censorship order were not made...

...clause to which reference has been made.9. There can be no doubt that to impose pre-censorship on a journal, such as has been ordered by the Chief Commissioner in this case...discussion is essential for the proper functioning of a democratic Government, and the tendency of modern jurists is to deprecate censorship though they all agree that “liberty of the press” is not to be...

...exercise of power of suspension of the screening of the film amounts to exercising the power of pre-censorship which is being exercised by the Government, although no such power vested in it. According...power of pre-censorship, which power is not available either to any high-level expert committee of the State or to the State Government. It appears that the State Government through the High-Level...to him, the said power of censorship is vested in the Central Board of Film Certification (hereinafter referred to as “the Board”) and in the Central Government as provided for in the provisions made...

...Balasubrahmanyan, J:1. This group of writ petitions challenges the validity of certain orders of pre-censorship passed by the censoring authorities on three newspapers. W.P...388, 663, 846, 992 and 1909 have been filed in regard to pre-censorship orders directed against a Tamil daily by name “Murasoli”. In W.P 1909 of 1976 the prayer, as amended, is for quashing (i) a...validity of the orders or pre-censorship issued by Censoring Authorities from time to time. Their validity was canvassed by the learned counsel appearing for the three newspapers on several grounds...

...considering the question of validity of pre-censorship essentially apart from the question of obscenity as well as vagueness as a ground to declare the provision invalid. The medium, in this case, was...-censorship which ensures right of viewers not to receive any information which is dangerous to or not in conformity with the social interest. While in the case of internet, no such pre-censorship is possible...calls for a good philosophical compass and strict logical methods.41. With this preliminary discussion we say that censorship in India (and pre-censorship is not...

...saving provision contained in Article 19(2). The Court further unanimously held that the imposition of pre-censorship of a journal was a restriction on the liberty of the press which was an essential...powers of pre-censorship under the Cinematograph Act and Rules. The only limitation on the said right is, therefore, the limitation of resources and the need to use them for the benefit of all. When...like the Press Council of India which is empowered to enforce, however imperfectly, the right to reply. The print media further enjoys as in our country, freedom from pre-censorship unlike the...

...for pre-censorship of programmes telecast by private TV channels. However, all the Private TV Channels are required to adhere to the Programme and Advertising Code prescribed under the Cable...

...there is no pre-censorship of the content telecast on private satellite channels. This would also imply that expertise of psephologists, sample size and methodology used for election survey by...

...Corporation v. SEBI, (2012) 10 SCC 603, he submits that even prior restraint through pre-censorship in this regard is permissible. He also...respondent no. 1 and therefore, would include pre-censorship or prior restraint on the telecast of a programme. 7. I have considered the submissions made by the learned... 8 At this stage, we have desisted from imposing a pre-broadcast interlocutory injunction on the basis of an unverified transcript of a forty nine second clip. The...

...be enacted which would have the effect of imposing a pre - censorship, curtailing the circulation or restricting the choice of employment or unemployment in the editorial force and such a measure would...

...-censorship concept, Rule 9 is post-censorship. The freedom of speech relates both to pre-and post-censorship.22. The right claimed is a preferred right. While balancing...by Article 19(1)(a) as it covers both antecedent steps and actual display. The content is not limited to words, colour, picture but also extent, form, size and placement. While Rule 3(b)(ii) is a pre...

...Court held that s. 7 (1) (a) of the East Punjab Public Safety Act which authorised the imposition of pre-censorship on a journal was void as unconstitutional. The ratio...decidendi of that decision was that the imposition of pre-censorship on a journal was a restriction on the liberty of the press which is an essential part of the right of freedom of speech and expression...

...the treatment of this form of art on a different footing with pre-censorship may well be regarded as a valid classification, as was held in...Censors of high calibre and expertise, provides hearings, appeals and ultimate judicial review, pre-censorship and conditional exhibitions and wealth of other policing strategies. In short, a special...

...impose pre-censorship. Sub-section (2) of s. 2 enables the State Government or the authority issuing the order in the event of any disobedience of an order made under s. 2 to order the seizure of all...

...newspapers or by pre-censorship of news, the Government should, for the same object, be entitled to place a person under preventive detention which is “even greater restriction on personal liberty than any..., of a ban on the circulation of a newspaper and, in the other, of pre-censorship on the publication of a journal. No question arose of depriving any person of his personal liberty by detaining him in...

...you have a specific complaint, the Council will take it up, however, your suggestion to create a pre-censorship body to ascertain the content of TV Channels is outside the...Rules framed thereunder. It is stated that according to the Act of 1995, there is no pre-censorship of a programme telecast on private TV channels other than the films, film song or film promo or film.... The Act does not contain any pre-censorship of programmes telecast on private TV channels. 6. Section 5 of the Act of 1995 prohibits a person from transmitting or re...

...to the print media which is not subject to pre-censorship.”(emphasis supplied)The Court also observed: [ para 201(3)(b)] “A...