In Defence of Journalists

Freedom of speech, and in particular, the freedom of the press, is, as Chief Justice BP Sinha stated in Kedar Nath Singh v. the State of Bihar [1962] AIR 955, “the sine qua non of a democratic form of government that our Constitution has established.” It is with this “journalists’ dilemma” in mind that this casebook has been conceived and written. Though any journalist who faces the charges discussed in this book faces an uphill battle, it is hoped that the chapters included here will inform them of the general parameters set by precedent and statute, and therefore what burdens they will have to prove and where they might make novel arguments.