The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 therefore, the rights of the viewers are given primacy, it will in practice result in the affluent having the sole right to air their views completely eroding the right of the viewers. The right of viewer can only be safeguarded by the regulatory agency by controlling the frequencies of broadcast as it is otherwise impossible for viewers to exercise their right to free speech qua the electronic media in any meaningful way. 61.Lastly, dealing with the contention raised on behalf of the CAB and BCCI that the monopoly conferred upon DD is violative of Article 19 [1] (a), while objecting to the contention on the ground that the issue does not arise in the present proceedings and is not raised in the pleadings, it is submitted on behalf of NM that the principal contentions of the CAB/BCCI are that they are entitled to market their right to telecast event at the highest possible value it may command and if the DD is unwilling to pay as much as the highest bidder, the CAB/BCCI has the right not only to market the event but to demand as of right, all the necessary licences and permissions for the agency including foreign agency which has purchased its rights. According to MIB these contentions do not raise any free-speech issues, but impinge purely on the right to trade. As far as Article 19 [1] (g) is concerned, the validity of the monopoly in favour of the Government is beyond question. Secondly, in the present case, the DD did not refuse to telecast the event per se. It is then submitted that the CAB/BCCI are not telecasters. They arc only organisers of the events sought to be telecast and when the agency like DD which has access to the largest number of viewers agrees to telecast the events, their right as well as the viewers' right under Article 19 [1] (a) is satisfied. No organiser, it is contended, can insist that his event be telecast on terms dictated by him and refusal to agree to his term constitutes, breach of his right under Article 19 [1] (a). If it is accepted that the Government has not only the, right but the duty to regulate the distribution of frequencies, then the only way it can be done is by creating a monopoly. A mere creation of the monopoly-agency to tele- cast does not per se violate Article 19 [1] (a) as long as the access is not denied to the media either absolutely or by imposition of terms which are unreasonable. Article 19 [1] (a) proscribes monopoly in ideas and as long as this is not done, the mere -fact that the access to the media is through the Government-controlled agency, is not per se violative of Article 19 [1] (a). It is further urged that no material has been placed before the Court to show that the functioning of the DD is such as to deny generally, an access to the media and the control exercised by the Government is in substance over the content on the grounds other than those specified in Article 19 [2] or a general permission to all who seek frequencies to telecast, would better subserve the principle underlying Article 19 [1] (a) in the socioeconomic scenario of this country and will not result in passing the control of the media from the Government to private agencies affluent enough to buy access. 62. As against these contentions of the MIB, it is urged on behalf of CAB and BCCI as follows: The right to organise a sports event inheres in the entity to which the right belongs and that entity in this case is the BCCI and its members which include the CAB. The right to produce event includes the right to deal with such event in all manner and mode which the entity chooses. This includes the right to telecast or not to telecast the event, and by or through whom, and on what terms and conditions. No other entity, not even a department of the Government can coerce or influence this Indian Kanoon - http://indiankanoon.org/doc/539407/ 32