Privileges of the Press
Parliament, the Government and the people communicate with each other through the print, electronic and online media. It is of paramount importance that the proceedings of Parliament are communicated to the people who are interested in knowing as to what transpires in the Chambers of Parliament. Freedom of the Press has not been expressly provided for in the Constitution, but is implicit in the Fundamental Right pertaining to the Freedom of Speech and Expression guaranteed to the citizens under article 19(1) (a) of the Constitution of India. The term "Freedom of Speech and Expression", includes the liberty to propagate not only one's views but also the right to print matters which have been borrowed from someone else or are printed under the direction of that person and also includes the liberty of publication and circulation.
In its relations with Parliament, the Press enjoys some privileges. Our Constitution confers absolute immunity from proceedings in any court of law on all persons connected with the publication of the proceedings of either House of Parliament, if such a publication is made by or under the authority of the House. The statutory protection given in this regard applies to the publication in newspapers or broadcasts by wireless telegraphy of substantially true reports of any proceedings of either House of Parliament, provided such reports are for the public good and are not actuated by malice. This protection has been given within the overall limitation that Parliament has the power to control and, if necessary, to prohibit the publication of its debates or proceedings and to punish for the violation of its order. Generally, there are no restrictions imposed on reporting of the proceedings of the Houses. But, if the proceedings of the Houses or for that matter, of its Committees are reported mala fide or if there is any gross misrepresentation or suppression of the speeches of particular members, it is certainly a breach of privilege and contempt of the House warranting punishment. Similarly, the Press cannot publish the proceedings or evidence given before or any document presented to a Parliamentary Committee before these have been laid on the Table of the House. The Press is not expected to disclose the proceedings or decisions of a secret sitting of the House till the ban or secrecy has been lifted. It has also to ensure that portions of debates expunged from the proceedings of the House by the Presiding Officer are not published. In other words, there can be no freedom of the Press at the cost of privileges of Parliament.