The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 49. In this country, unlike in the United States and some European countries, there has been a monopoly of broadcasting/telecasting in the Government. The Indian Telegraph Act, 1885 [hereinafter referred to as the "Telegraph Act"] creates this monopoly and vests the power of regulating and licensing broadcasting in the Government. Further, the Cinematograph Act, 1952 and the Rules made thereunder empower the Government to pre-censor films. However, the power given to the Government to license and to pre-censor under the respective legislations has to be read in the context of Article 19 [2] of the Constitution which sets the parameters of reasonable restrictions which can be placed on the right to freedom of speech and expression. Needless to emphasise that the power to pre-censor films and to grant licences for access to telecasting, has to be exercised in conformity with the provisions of Article 19 [2]. It is in this context that we have to examine the provisions of Section 4 [1] of the Telegraph Act and the action of the MIB/DD in refusing access to telecast the cricket matches in the present case. 50. The relevant Section 4 of the Telegraph Act reads as follows: "4.(1) Within India the Central Government shall have the exclusive privilege of establishing, maintaining and working tele- graphs: Provided that the Central Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of India Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working (a) of wireless telegraphs on ships within India territorial waters and on aircraft within or above India or Indian territorial waters and (b) of telegraphs other than wireless telegraph within any part of India. (2) The Central Government may, by no- tification in the Official Gazette, delegate to the telegraph authority all or any of its powers wider the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions the Central Government may, by the notification, think fit to impose." 51. Section 3 (1) of the Act defines 'telegraph' as under: "3. (1) "telegraph" means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electromagnetic emissions, Radio waves Hertzian waves, galvanic, electric or magnetic means. Indian Kanoon - http://indiankanoon.org/doc/539407/ 28