Right to Circulate

Media freedom includes both the right to publish and the right to circulate information and opinion. In several cases, courts have upheld the freedom of circulation as a crucial aspect of the freedom of expression.

In 1950, the Supreme Court ruled on a challenge to an order of the State of Madras banning the entry and circulation of an English Journal called “Cross Roads”, on grounds of public safety and public order. This journal was printed and published in Bombay. The journal was banned under the Madras Maintenance of Public Order Act 1949. The court quashed the concerned provision of the Act and the associated government order, as they restricted free speech and expression.¹

Another case challenged the Central government’s Newsprint Policy of 1972-73 which compelled newspapers to compromise between circulation and content by creating price brackets for a higher number of pages. Here, the Supreme Court held that “The right to determine the number of pages has been held to be an aspect of the freedom of expression as it has a direct impact on the quantity and quality of content being published.”² Though such restriction was imposed for economic reasons, it negatively impacted the freedom of the press, as they had to limit their coverage to obey the policy, which violated the right to circulation.

1. Romesh Thappar v. State of Madras, AIR 1950 SC 124 [↩]
2. [1973] 2 S.C.R. 757 [↩]