I&B Ministry said that the Article 105(1) of the Constitution states that there shall be freedom of speech in Parliament, subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament.
Also, the ministry pointed out that the Supreme Court in Pandit M.S.M. Sharma Vs. Shri Sri Krishna Sinha and Ors. AIR 1959 SC 395 held that: “The effect in law of the order of the Speaker to expunge a portion of the speech of a member may be as if that portion had not been spoken. A report of the whole speech in such circumstances though factually correct, may, in law, be regarded as perverted and unfaithful report of a speech, i.e., including the expunged portion in derogation to the orders of the Speaker passed in the House may, prima facie, be regarded as constituting a breach of the privilege of the House arising out of the publication of the offending news-item.”
The advisory added: “Accordingly, all TV channels are hereby advised to be cautious with regard to the telecasting and reporting the proceedings of the Parliament and to desist from re-telecast of expunged portions of the proceedings.”