Frame guidelines for issuing advertisements to newspapers in 3 months, state told

Justice M Duraiswamy while allowing writ petitions moved by a couple of Tamil dailies seeking a direction to continue giving them advertisements and re-fix the rates of advertisements based on the Audit Bureau of Circulation Certificate, said, “The discriminatory allotment of government advertisements to different newspapers of the same category by the state will impair the freedom of press. If the authorities and the government are true to their avowed policy of equal distribution of advertisements, it should see that the policy is translated into action in letter and spirit.” 

On pointing that there is no discrimination in the policy itself but there is discrimination in its implementation, he said, “From the available materials it is clear that the Tamil dailies did not get even a single advertisement after 2011. When the government released advertisements to the said newspapers up to 2011, the reason for not releasing advertisements to the said newspapers should have been explained by the authorities and the state government in an acceptable manner.” 

The judge also held, “When the authorities or the state government were not in a position to explain the reasons for not releasing any advertisement to the two Tamil dailies, it clearly amounts to discrimination. Freedom of press and healthy democracy require that divergent views are expressed through the newspapers and people reading the newspapers form their opinion on the basis of such divergent views.” 

“The purpose of the press is to advance a public interest by publishing facts and opinions, without which, a democratic electorate cannot make responsible judgments. Though article 19 (1)(a) does not mention freedom of press, it is settled law that freedom of speech and expression includes freedom of press and circulation,” Justice Duraiswamy said.