TATA
PARA
ARTICLE 19(1)(A )-
1. All citizens have the right
2. To freedom of speech and Expression.
ARTICLE 19(2)-
The security of the state, friendly relations with neighbour foreign countries, public order ,decency
and morality in relationship to form the contempt of court, defamation and incitement of an
offence.
FACTS OF THE CASE
➢ New Bombay and Thane. MTNL used to publish and distribute the telephone
directory consisting of white pages .It did the task itself till the year 1987.
➢ From the year 1987 it hired contractors to publish the directory. It allowed the
contractors to earn revenue for themselves by the way of advertisements and
publish the advertisements as “yellow pages” .
➢ Thus, the telephone directory published by MTNL contained “white pages” which
had the list of telephone subscribers and “yellow pages” which had
advertisements obtained by the contractors to meet the expenditures and to earn
revenue.
➢ “Tata Press Yellow Pages” were published and distributed by Tata Press Ltd
which contained paid advertisements procured from businessmen,
professionals and traders.
JUDGEMENT
❖ The Hon’ble Supreme Court held that advertisement which comes under
commercial speech forms a part of the freedom of speech and expression
which is given under Article 19(1)(a) of the Constitution of India and it is subject
to the reasonable restrictions mentioned in clause (2) of Article 19.
❖ Article 19(2) mentions that in the interest of sovereignty and integrity of the
nation, its security, its friendly relations with other states, for maintaining public
order, decency, morality, defamation, incitement of offence Article 19 of the
citizens can be restrained.
❖ The Apex Court held that the Government of India and Mahanagar
Telephone Nigam Limited does not have the right to constrain the Tata
Press Limited from publishing and distributing “Yellow Pages”. It held that
through the advertisements and with that the information contained in it
the public is getting benefitted.
❖ The Court also held that through Article 19(1)(a) the Indian Constitution
does not only guarantees its citizens the freedom of speech and
expression but also gives them the right to listen, read and receive the said
speech.
