circulation of information or its greater impact
cannot restrict the content of the right nor can it
justify its denial. The virtues of the electronic media
cannot become its enemies. It may warrant a
greater regulation over licensing and control and
vigilance on the content of the programme telecast.
However, this control can only be exercised within
the framework of Article 19(2) and the dictates of
public interests. To plead for other grounds is to
plead for unconstitutional measures. It is further
difficult to appreciate such contention on the part of
the Government in this country when they have a
complete control over the frequencies and the
content of the programme to be telecast. They
control the sole agency of telecasting. They are also
armed with the provisions of Article 19(2) and the
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,
however, there are surplus or unlimited resources
and the public interests so demand or in any case
do not prevent telecasting, the validity of the
argument based on limitation of resources
disappears. It is true that to own a frequency for the
purposes of broadcasting is a costly affair and even
when there are surplus or unlimited frequencies,
only the affluent few will own them and will be in a
position to use it to subserve their own interest by
manipulating news and views. That also poses a
danger to the freedom of speech and expression of
the have-nots by denying them the truthful
information on all sides of an issue which is so
necessary to form a sound view on any subject.
That is why the doctrine of fairness has been
evolved in the US in the context of the private
broadcasters licensed to share the limited
frequencies with the central agency like the FCC to
regulate the programming. But this phenomenon
occurs even in the case of the print media of all the
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