Constitution Section 361A — Protection of publication of proceedings of Parliament and State Legislatures

Part XIX — MISCELLANEOUS

Constitutional

Summary

No person can be sued or face criminal charges in court for publishing a substantially true report of proceedings in Parliament or a State Legislature in a newspaper, unless the publication was made with malice. This protection does not apply to reports of secret sittings of those bodies. The same protection applies to reports or matters broadcast by wireless telegraphy as part of a programme or service from a broadcasting station. For this purpose, “newspaper” also includes a news agency report containing material meant for publication in a newspaper.

Official Text

(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.

(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper.Explanation.—In this article, “newspaper” includes a news agency report containing material for publication in a newspaper.