The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 74.Merely because an organization may cam profit from an activity whose character is predominantly covered under Article 19 [1] (a), it would not convert the activity into one involving Article 19 [1] (g). The test of predominant character of the activity has to be applied. It has also to be ascertained as to who is the person who is utilizing the activity. If a businessman were to put in an advertisement for simpliciter commercial activity, it may render the activity, the one, covered by Article 19 [1] (g). But even newspapers or a film telecast or sports event telecast will be protected by Article 19 [1] (a) and will not become an activity under Article 19 [1] (g) merely because it earns money from advertisements in the process. Similarly, if the cricket match is telecast and profit is earned by the licensing of telecasting right and receipts from advertisements, it will be an essential element for utilization and fulfillment of its object. The said object cannot be achieved without such revenue. 75.Rebutting the argument that the Organisation of sports is an industry and, therefore, monopoly under Article 19 [6] is permissible, it is pointed out that even if, in matters relating to business and profession, the State can create monopoly under Article 19 [6], it can still not infringe Article 19 [1] (a). While the State may monopolise the textile industry, it cannot prohibit the publication of books and articles on textiles. 76.It is also contended that the exercise of right claimed in the present case is by BCCI/CAB and its office bearers who are citizens of India. Merely because foreign equipment and technical and personnel are used as collaborators to exercise the said right more effectively, it does not dilute the content of Article 19 [1] (a) nor does it become an exercise of right by a non-citizens. In this connection, it is emphasised that the DD is also using Worldtel, a foreign agency. Most of the newspapers in India are printed on machines imported from abroad. A newspaper may also have a foreigner as its manager. However, that does not take away the right of the newspaper under Article 19 [1] (a). They are only instances of technical collaboration. Apart from it, every citizen has a right to information as the same cannot be taken away on grounds urged by the NEB. 77.It will be apparent from the contentions advanced on behalf of MIB that their main thrust is that the right claimed by the BCCI/CAB is not the right of freedom of speech under Article 19 [1] (a), but a commercial right or the right to trade under Article 19 [1] (g). The contention is based mainly on two grounds viz., there is no free speech element in the telecast of sports and secondly, the primary object of the BCCI/CAB in seeking to telecast the cricket matches is not to educate and entertain the viewer but to make money. 78.It can hardly be denied that sport is an expression of self In an athletic Nor individual event, the individual expresses himself through his individual feat. In a team event such as cricket, football, hockey etc., there is both individual and collective expression. It may be true that what is protected by Article 19 [1] (a) is an expression of thought and feeling and not of the physical or intellectual prowess or skill. It is also true that a person desiring to telecast sports events when he is not himself a participant in the game, does not seek to exercise his right of self expression. However, the right to freedom of speech and expression also includes the right to educate, to inform and to entertain and also the right to be educated, informed and entertained. The former is the right of the telecaster and the latter that of the viewers. The right to telecast sporting event will therefore also include the right Indian Kanoon - http://indiankanoon.org/doc/539407/ 36