Bhatnagar reads the paragraph on "Chilling Effect And Overbreadth" in the Shreya Singhal Judgment.
"66A of the IT Act reads:
Punishment for sending offensive messages through communication service, etc."
Bhatnagar now taking the bench through the landmark case of "Shreya Singhal V. UOI" 'This was a Challenge to section 66A of the IT Act," he says.
[Link of judgment for perusal: https://indiankanoon.org/doc/110813550/]
If any kind of regulator comes in at behest of the Government, it could result in putting a sledgehammer to Article 19(1) of the Constitution, Bhatnagar tells
"......The authors of the articles which are published in newspapers have to be critical of the action of government in order to expose its weaknesses. Such articles tend to become an irritant or even a threat to power."
- Indian Express Newspapers V. UOI
Bhatnagar to Court
"Newspaper being surveyors of news and views having a bearing on public administration very often carry material which would not be palatable to governments and other authorities....."
- Indian Express Newspapers V. UOI
Bhatnagar is now taking the bench through judgments to substantiate the dangers of Government control over the press. To do this, he is currently reading Indian Express Newspapers Vs. Union of India, which is a 1985 judgment of the Supreme Court.
Government can any way act as it has acted. It has acted with certain circumspection and that it because the Media is very wary of Government's intervention, otherwise Government can intervene as and when required, says Bhatnagar.
Lack of government control on Press - better than excessive government control, Bhatnagar tells the Bombay High Court