Newspaper Or Agency Engaged In Disseminating News Cannot Be Viewed As Performing Public Function: Delhi High Court

The Delhi High Court has observed that a newspaper or an agency engaged in the dissemination of news cannot be viewed as performing a public function.

Justice Yashwant Varma dismissed a writ petition filed by one Prakash Singh laying allegations of racial discrimination and harassment against Agence France-Presse, a French private international news agency, against him. The Court dismissed the plea as not being maintainable.

Advocate Raghav Awasthi appearing for the petitioner drew the attention of the Court to the fact that Agence France-Presse was constituted by an Act of Parliament of France.

It was argued that its essential functions would indicate that it was an autonomous civil entity which had been constituted for the purpose to seek out, in France as well as abroad, the elements of a complete and objective information service and also to place that information at the disposal of users in exchange for payment.

He also apprised the Court about the Charter of the said agency which states that the activities of Agence France-Presse must comply with some fundamental obligations.

The said obligations include that the agency may under no circumstances take account of influences or considerations liable to compromise the exactitude or the objectivity of the information it provides and that it may under no circumstances fall under the control, either de facto or de jure, of any ideological, political or economic grouping.

It was thus submitted that the respondent press agency clearly performed a public function and since allegations of racial discrimination had been levelled, the writ petition would clearly lie.

Expressing disagreement with the said submission, the Court observed thus:

"While it may be true that the second respondent had been constituted by an Act by the Parliament of France, it becomes relevant to note that the newspaper or an agency engaged in the dissemination of news cannot be viewed as performing a public function."

"Regard must be had to the fact that the expression "public function" and "public duty" have been understood to be those which are akin to functions performed by the State in its sovereign capacity. The Court further notes that the contract of service between the petitioner and the second respondent is not imbued with any statutory flavour."

With the said observations, the Court dismissed the plea.

Case Title: PRAKASH SINGH v. UNION OF INDIA & ANR.

Citation: 2022 LiveLaw (Del) 555

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