The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995
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 limitations 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 which is evolved in the U.S. 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 countries.
Hence the body like the Press Council of India which is empowered to enforce, however imperfectly,
the right to reply. The print media further enjoys as in our country, freedom from pre-censorship
unlike the electronic media.
82.As -stated earlier, we are not concerned in the present case with the right of the private
broadcasters, but only with the limited right for telecasting particular cricket matches for particular
hours of the day and for a particular period. It is not suggested that the said right is objectionable on
any of the grounds mentioned in Article 19 [2] or is against the proper use of the public resources.
The only objection taken against the refusal to grant the said right is that of the limited resources.
That objection is completely misplaced in the present case since the claim is not made on any of the
frequencies owned, controlled and utilised by the D.D. The right claimed is for uplinking the signal
generated by the BCCI/CAB to a satellite owned by another agency. The objection, therefore, is
devoid of any merit and untenable in law. It also displays a deliberate obdurate approach.
83.The third contention advanced on behalf of the MIB is only an extended aspect of the fist
contention. It is based on the same distorted interpretation of the right claimed. It proceeds on the
footing that the BCCI/CAB is claiming a commercial right to exploit the sporting event when they
assert that they have a right to telecast the event through an agency of their choice. It is even
contended on behalf of the MIB that this amounts to a device for a non-citizen to assert rights under
Article 19 [1] .(a) which are not available to him.
84.It is unnecessary to repeat what we have stated while dealing with the first contention earlier,
with regard to the character of BCCI/CAB, the nature of and the purpose for which the right to
access to telecast is claimed by them. As pointed out, it is not possible to hold that what the
BCCI/CAB are in the present cast claiming is a commercial right to exploit the event unless one
takes a perverse view of the matter. The extent of perversity is apparent from the contention raised
by them that to engage a foreign agency for the purpose is to make it a device for a noncitizen to
assert his rights under Article 19 [1] (a). It cannot be denied that the right to freedom of speech and
expression under Article 19 [1] (a) includes the right to disseminate information by the best possible
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