Need For Limitations On Freedom Of Media

 Every institution is liable to be abused, and every liberty, if left unconcealed, has the tendency to become a license which would lead to disorder and mayhem [17]. It has to be remembered that this freedom is not absolute, unlimited or unfettered and in all circumstances, as giving on an unrestricted freedom of the speech and expression, would amount to uncontrolled license. When there is a conflict between the public interest behind a free press and some other competing interests, it is for the Courts to strike the balance between the two interests. In balancing the two competing public interests the Courts’ role is reserved in the Indian Constitution itself, by the expression “reasonable restrictions” in Clauses 2 – 6 of Article 19.

The Courts are in a way, political institutions in view of the interest – balancers. The judicial process although different in form is an indirect act of legislating. Every case presents a conflict of competing social interests among which a choice must be made. …...This process of balancing competing social interests, influenced as it is by the constitutional values, demonstrates the essential similarities between Judges and other political functionaries. In accordance with the fundamental tenets of democracy and the constitutional principles, the Court should strive to satisfy as many of these conflicting claims as is possible since the happiness of many is to be preferred over the satisfaction of the few.