Article 42 - Insertion of new Article 361-A - Constitution (44th Amendment) Act, 1978

Insertion of new Article 361-A . 42. After Article 361 of the Constitution, the following article shall be inserted , namely: Protection of publication of proceedings of Parliament and State Legislatures. 361-A. (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. .