It is submitted that besides being an instrument for the realization of the rights to free speech and expression, the

media has a dual aspect: primarily, it is a medium of expression and communication of information and ideas; it is also an industrial and business establishment where printing and publication is carried out for profit.1 It is the expansion of this commercial aspect which has given rise to problems like sensationalism which are devices for suppressing or mutilating the truth, with a view to bringing in more customers. A similar result has been achieved by Grayboom Today- by achieving the highest TRP ratings for the month during which the particular episode framing Mr. Fincox was aired.2 It must be acknowledged that a business is not immune from regulation because it is an agency of the press. The publisher of a newspaper has no special...privilege to invade the rights and liberties of others.3 The State has, necessarily, to step in, if any section of the Press forgets its basic function of supplying correct news on matters of public interest and takes up the business of catering to bad taste.4 In this regard the Constitution of India creates a novel differentia between the expressive functions fulfilled by the media and the profit-oriented strategies undertaken by it. In India the power of the State to impose restrictions on a business is to be found from Art. 19(3) of the Constitution of India, which authorizes the state to impose in the interest of general public, reasonable restrictions on the right to carry on ...trade or business guaranteed by Cl. 1(g) of the same Article.

1 2

DD Basu, Law of the Press, 5 th Ed. 2010, p. 152. Compromis, Para. 11 3 Associated Press v. U.S., (1945) 326 US 1 (20); Mills v. Alabama, (1966) 384 US 214. 4 Supra note 1, p. 153.