Part XIX: Miscellaneous

Article 361A: Protection of Publication of Proceedings

Original Article:

Clause (1): No person shall face legal proceedings for publishing true reports of legislative proceedings unless proven malicious.

Clause (2): The protection extends to broadcasted reports of legislative content, equating them with printed reports.

Explanations:

Article 361A safeguards the press and broadcasters from legal action when publishing accurate reports on legislative proceedings, ensuring transparency and informed citizenry.

Clause-by-Clause Explanation:

Clause (1): Immunity for Accurate Reporting

Media is protected from legal consequences for publishing substantially true legislative reports unless malice is established.

Clause (2): Broadcast Media Inclusion

The immunity granted to newspapers is extended to broadcasting services, acknowledging modern communication channels.

Historical Context:

Article 361A, introduced by the Forty-fourth Amendment Act, 1978, aimed to reinforce press freedom and prevent frivolous lawsuits, particularly after the Emergency period.

Real-Life Examples:

• Coverage of parliamentary debates by media outlets without legal repercussions for accuracy.
• Broadcast of legislative proceedings enabling public awareness without fear of lawsuits.

References and Related Provisions:

Article 361A aligns with democratic principles by ensuring that citizens have access to legislative deliberations through various media channels.