Upgrad LLM

right to advertisement is part of freedom of speech

Tuesday, 24 July 2012

right to advertisement is part of freedom of speech and expression

The law which lays excessive and prohibitive burden which would restrict the circulation of a newspaper will not be saved by Article 19 (2). If the area of advertisements is restricted, price of paper goes up. If the price goes up circulation will go down. This was held in Sakal Papers case (supra) to be the direct consequence of curtailment of advertisement. The freedom of a newspaper to publish any number of pages or to circulate it to any number of persons has been held by this Court to be an integral part of the freedom of speech and expression. This freedom is violated by placing restraints upon it or by placing restraints upon something which is an essential part of that freedom. A restraint on the number of pages, a restraint on circulation and a restraint on advertisements would affect the fundamental rights under Article 19 (1) (a) on the aspects of propagation, publication and circulation."
Advertising as a "commercial speech" has two facets. Advertising which is no more than a commercial transaction, is nonetheless dissemination of information regarding the product-advertised

But it is an irony that advocates are not allowed to advertise their services to people who need legal help. This is one of the biggest abuse of Article 19(1)(a).

see article on lawyers right to advertise 2009 AIR journal 167

self working

Mr. Prasad Ji can u psot the Case law here i can't found.




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