Bengaluru: The News Minute, a digital news platform based in Bengaluru, has approached the Supreme Court seeking permission to intervene in a case concerning the scope of legislative privileges under Article 194(3) of the Constitution and their interplay with fundamental right to freedom of speech and expression under Article 19(1)(a), Live Law reported.
A seven-judge Constitution bench will hear the matter from October 6 to 15.
The petitioners have contended that allowing legislative bodies to invoke breach of privilege proceedings to curtail journalistic reportage and commentary would have a chilling effect on press freedom and the public’s right to information, and will adversely affect the Indian democracy.
The applicants claimed that they are directly and substantially affected by the constitutional questions involved in the case as their news outlet reports on the conduct of legislators inside and outside legislative proceedings, and has faced gag orders in cases filed by elected representatives.
They cited references from a 2003 incident when the Tamil Nadu legislative assembly sentenced five journalists and the publisher of The Hindu to 15 days’ imprisonment over articles that were critical of the state government of that time.
The petition argues that allowing legislative privileges to restrict reporting on legislators will expose journalists to adverse penal consequences, including imprisonment for discharging their professional duties.
Restriction on journalistic reporting through legislative privileges will not only affect freedom of speech and expression of te press under Article 19(1)(a), but also the people’s right to information as the same has been recognised by the Supreme Court as an integral component of the fundamental right to freedom of speech and expression, the petitioners said.