The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 (g), cannot be extended to the right of sports associations. The basic premise underlying the recognition of the rights of the press under Article 19 [1] (a) is that the economic strength is vitally necessary to ensure independence of the press, and thus even the 'business' elements of a newspaper have 'to some extent a 'free speech' protection. In other words the commercial element of the press exists to subserve the basic object of the press, namely, free dissemination of news and views which enjoys the protection of free speech. However, free speech element in telecast of sports is incidental. According to the MIB, the primary object of the telecast by the CAB is to raise funds and hence the ac- tivities are essentially of trade. The fact that the profits are deployed for promotion of sports is immaterial for the purpose. 58. It is further urged that a broadcaster does not have a right as such to access to the airwaves without a license either for the purposes of telecast or for the purposes of uplinking. Secondly, there is no general right to a license to use airwaves which being a scarce resource, have to be used in a manner that the interests of the largest number are best served. The paramount interest is that of the viewers. The grant of a license does not confer any special right inasmuch as the refusal of a license does not result in the denial of a right to free speech. Lastly, the nature of the electronic media is such that it necessarily involves the marshaling of the resources for the largest public good. The state monopoly created as a device, to use the resource is not per se violative of the right of free speech as long as the paramount interests of the viewers are subserved and access to the media is governed by the fairness doctrine. According to the MIB, the width of the rights under Article 19 [1] (a) has never been considered to be wider than that conferred by the First Amendment to the U.S. Constitution. It is also urged that the licensing of frequencies and consequent regulation of telecast/broadcast would not be a matter covered by Article 19 [2]. The-right to telecast/broadcast has certain inherent limitations imposed by nature, whereas Article 19(2) applies to restrictions imposed by the State. The object of licensing is not to cast restrictions on the expression of ideas, but to regulate and Marshall scarce resources to ensure their optimum enjoyment by all including those who are not affluent enough to dominate the media. 59.It is next urged that the rights of an organiser to use airwaves as a medium to telecast and thereby propagate his views, are distinct from his right to commercially exploit the event. Although it is conceded that an organiser cannot be denied access on impermissible grounds, it is urged that he cannot further claim a right to use an agency of his choice as a part of his right of free speech. In any event no person can claim to exercise his right under Article 19 [1] (a) in a manner which makes it a device for a non- citizen to assert rights which are denied by the Constitution. According to MIB, it is the case of the BCCI that to promote its commercial interest, it is entitled to demand that the Government grants all the necessary licenses and permissions to any foreign agency of its choice and a refusal to do so would violate Article 19 [1] (a). According to MIB, this is an indirect method to seek protection of Article 19 [1] (a) to the non-citizens. 60. It is then contended that a free speech right of a viewer has been recognised as that having a paramount im- portance by the US Supreme Court and this view is all the more significant in a country like ours. While accepting that the electronic media is undoubtedly the most powerful media of communication both from the perspective of its reach as well as its impact, transcending all barriers in- cluding that of illiteracy, it is contended that it is very cost-intensive. Unless, Indian Kanoon - http://indiankanoon.org/doc/539407/ 31