Tag: freedom of press

Does Freedom of Press Need Regulation?

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INTRODUCTION

‘Freedom of Press’ finds its origin in Article 19 of the Indian Constitution. It is derived from the freedom of speech and expression mentioned in the same article. ‘Freedom of Press’ is literally for the people who are responsible for providing information around the globe to citizens without any discrepancy. All institutions that are responsible for gathering and transferring news to the general public comes under the definition of the press. A free press plays a vital role in a democratic country like India and helps in sharing ideas, opinions, and comments, about the issues that involve the interest of the general public.

HISTORY

The invention of new technology of printing media enhanced the opportunities for people to know the happenings around them and in Raja Ram Mohan Roy’s words “looking for truth through the light of discussion”. In India the first newspaper was founded in 1780, Hickey’s Bengal Gazette, thereafter in 1822 India’s first Persian newspaper was published—Mirat-Ul-Akbar. The newspaper was written in Persian as it was known in courts of law and can reach the policymakers of the country.

In India, at the time of British rule, censorship of the newspaper was introduced.

Licensing Regulation, 1823 requires a license for the press. 

Licensing Act, 1857 imposed many restrictions on the publication of any printed material.

Vernacular Press Act 1878 was enacted to prevent press freedom so that policies framed by Britishers do not face public criticism.

Indian Press Act, of 1910 was framed to censor all kinds of print media.

FREEDOM OF PRESS

There is no separate article that provides for freedom to press separately. It is covered under Article 19 of the Indian constitution stating the right to speech and expression. Under this article, people are free to express their opinions, suggestions, and ideas regarding the issues of general importance obviously subjected to certain restrictions.

It was believed that freedom of the press is a mere exercise of freedom of speech and expression by the editor of a newspaper or magazine therefore, no special mention of freedom of the press is required.

Indian Express Newspaper  v. Union of India [1]  it was held that the mention of the term ‘freedom’ in the article means free from the interference of any government authority in the circulation of the newspaper. The purpose of the press is to provide information to the general public based on facts and create opinions in minds of the general public so that they can take part in decision-making.

In Ajai Goswami v. Union of India [2], a petition was made before the court to Request the issue of guidelines by the government regarding the publishing of sexually exploiting material in newspapers whether obscene or not. The court rejected the petition on the ground that the content published must be based on the nature of an ordinary man, not on a hypersensitive or ordinary person for that matter. Ban can’t be done solely based on the sensitivity of someone.

The imposition of censorship prior to its publication can’t be done as held in Brij Bhushan v. State of Delhi [3]. Prohibition on the publication of views and opinions in newspapers violates the right to speech and expression.

The government of Madras exercising its power under Section 9 1-A of the Maintenance of Public Order, 1949 issued an order prohibiting the circulation of journals in that state. The state’s action was challenged in Romesh Thapper v. State of Madras [4] court held that freedom of speech and expression comes with the freedom to propagate ideas and banning a circulation is necessary to ensure the liberty of sharing ideas.

In 1962 government passed a Newsprint Control Order that fixed the maximum number of pages that could be published was challenged in Bennet Coleman and Co. V. Union of India [5] claimed that it violated Article 14 and Article 19 of the Indian constitution. Court held that freedom of the press is both qualitative circulation and quantitative- content. Increasing the circulation by reducing the content is not justified.

The press has the right to criticize government actions but cannot persuade the general public against the government which could lead to riots. In the case of Sahara India Real Estate Corporation LTD v. SEBI [6]  was held that it was the right of the media to report the proceedings of the case and must submit faithful reports. Article 361 of the Indian constitution provides for the publishing of reports of parliamentary proceedings.

Indian Press ranked 150th out of 180 member countries of the World Freedom Press Index in the year 2022. The data is taken for ensuring the level of freedom the press enjoys. The violence that happens against the press should be the main concern of the Indian government. It was also claimed that the media is dominated by powerful leaders around the country. All these claims got justified as last year’s rank of 142 falls to 150.

IMPORTANCE

The press helps in the exchange of ideas around the world. It helps in enlightening people about the events which happen but are just ignored as a minimal thing. It creates awareness among people and allows the general public to voice their opinions and suggestions. It’s like a pillar of democracy that works alongside the organs of the government. If anyone or any public body violates the right of the general public by being in an upper position, the press can help by acting as a medium that protects poor people from the hands of corrupt officials.

As per the data, India is one of the largest markets for newspapers over 240 million copies are produced each day. It gives a gist of citizens about political, social, and economic development in the country and the outside world.  

Indian media was criticized for its control by popular and powerful people. In 2015, when Nepal face nature’s wrath INS the form of an earthquake that decimated parts of the country, a slogan was raised ‘Go Home Indian Media’ despite the Indian government’s help to victims of the earthquake. Delhi CM Arvind Kejriwal advised having a public trial for Indian media. Arun Jaitley, the late cabinet member stated that despite there being thousands of channels, there was still an inadequacy of facts.

NEED FOR EXTERNAL REGULATIONS

At present date, Freedom of Press is governed by the Press Council Act,1978. This act provides for the creation of a body that consists of 28 members that have the power to censure the content written by journalists, ensure their independence, fostering a sense of responsibility among citizens. However, the Press Council of India seems to lack the authority to penalize the violators, it is just like while writing news one should keep a check pf these guidelines but if not followed you can’t take any action against them.

The press has surely gained popularity with the advancement of technology. But still, the press often overlooks the thin line of difference between authenticity and inaccuracy of facts. This only results in the downfall of the media. Freedom without restriction leads to inaccuracy, credibility, of situation. Restrictions such as

To reduce the problem of inaccuracy— there is felt a need for external regulations.

  1. The acts passed regarding press laws must keep a check for powers of the press must not be misused.
  2. The press must not take advantage of influencing people.
  3. In the corporate world authenticity of news cannot be trusted.
  4. Review the material before publication.
  5. Paid news has resulted in no or less independence among the press.
  6. The hunger for Television Rating Points (TRPs) results in only covering more of less important topics.

MEDIA TRIAL

Media trial is facts of the case designed by the press and presented to the general public to seek their opinions on the said matter. It is not prohibited in India, it influences the views of people on the case. In Jessica Lal’s murder case a female bartender refused to serve liquor as the bar was closed but she was shot dead in New Delhi. Many people have suspected this case went through a media trial.

The recent case of the death of famous actor Sushant Singh Rajput in his apartment was tried by the media whereas the High Court of Bombay held that a trial by media influences the media leads to delay in justice.

This may lead to criminal contempt of court by any resource that may reduce the power of courts over the matter and may interfere in proceedings.

CONCLUSION

Though Freedom of Press is not literally mentioned in the Indian Constitution its traces can be found. We are free to share our ideas, opinions, and suggestions, with each other. But every right comes with responsibility, protecting sovereignty and integrity of the state, must not say, write anything that may trigger violence in society, must not act indecently, or do something that may harm the relationship between India and foreign countries. Anything without restriction could cause chaos in society. Freedom to Press must be given but the government must keep a check on the freedom given so that press may not oversteps its boundary.

CITATION:

  1. 1986 AIR 515
  2. AIR 2007 SC 493
  3. AIR 1950 SC 129
  4. AIR 1950 SC 124
  5. AIR 1973 SC 106
  6. (2013) 1 SCC 1

This article is written by Simran Gulia a BA LLB student from Maharaja Agrasen Institute of Management Studies.

The Journey of Freedom of Press in India over the Years

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This article is written by Ishika Gupta pursuing BBA L.LB from Gitarattan International Business School. This article aims to highlight the fate of freedom of Press in India and the restrictions imposed on it.

“Our liberty depends on the freedom of the Press, and that cannot be limited without being lost.” ~ Thomas Jefferson

Freedom of Press or media means the right to express and communicate thoughts through the means of various media including electronic and print media. This right excludes the interference from any overreaching state.  

INTRODUCTION

Lord Mansfield described liberty of Press as the liberty to print and publish whatever one wants to and there is no requirement of prior permission.  Not only newspapers and periodicals but also pamphlets, circulars and every sort of publication which involves information and opinion are included in freedom of Press as said in “Sakal Papers Ltd. vs. Union of India”.

It is the duty of the government to distinguish between materials whether it is to be publicised or protected from disclosure to the public.  The materials which are to be protected may be sensitive, classified or secret or may be of national importance or the same should not be made public due to national security reasons.  

As per Universal Declaration of Human Rights, 1948, Freedom of opinion and expression is a fundamental right given to everybody and it also includes freedom to hold opinion without any interference and to receive and deliver information and opinions through any form of media. Equal treatment is given to spoken and published expression as the freedom of speech is often covered under the same laws as the freedom of Press.  Sweden was the first country to introduce Freedom of Press Act, 1766 and adopted freedom of Press under its constitution.  

However, in India, the Fundamental right of freedom of Press is implicit in the right of freedom of speech and expression under Article 19 (1)(A) of the Constitution and it is necessary for political liberty and proper functioning of democracy.  

When men cannot freely convey their thoughts to one another, no freedom is secured, where freedom of expression exists the beginning of a free society and means for every retention of liberty are already present.  As Dr. Ambedkar in his speech said that the Press has no special rights which are not to be given or which are not to be exercised by the citizen in his individual capacity.  The Editor of a Press or Manager is merely exercising the right of expression and therefore no special mention is necessary of the freedom of the Press.  

HISTORY

Indian Press has a long history right from the time of British rule in the country.  The British Government enacted a number of legislations like the Indian Press Act, 1910, Indian Press Emergency Act in 1931-32 to control the Press.  However, after the enactment of the Constitution of India, there was a change in the situation.  The Preamble of the Indian Constitution guaranteed the freedom of expression to all its citizen and the freedom of Press has been included as a part of freedom of speech and expression under Article 19.  

In Indian Express Newspaper vs. Union of India, the Court observed that the expression “freedom of Press” has impliedly covered under Article 19(1)(A) of the Constitution of India.  It means freedom from the interference of any authority which would have an effect upon content and circulation of the newspaper.  Nobody could intervene in the freedom of Press in the name of public interest. 

In “Romesh Thapar vs. State of Madras”, a law banning entry and circulation of the journal in a State was held to be invalid.  The Court held that there can be no doubt that freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by circulation.  Freedom of circulation is as essential as freedom of publication.  

Freedom of Press has three essential elements namely:

a)  Freedom of access to all sources of information.

b)  Freedom of publication and 

c)  Freedom of circulation.  

In “Prabha Dutt vs. Union of India”, the Supreme Court allowed the representatives of a few newspapers to interview Billa and Ranga, the death sentence convicts, as they wanted to be interviewed. 

However, in India, Press has not been able to practice its freedom to express the view completely as there are various instances when the freedom of Press has been suppressed by the legislature.  In case of “Brij Bhushan vs. State of Delhi” and “Virender vs. State of Punjab” prohibition of newspapers from publishing its own views or view of correspondents about a topic has been held to be a serious encroachment on the freedom of speech and expression.  

In “Sakal Papers Ltd. vs. Union of India”, the Daily Newspapers Order, 1960, which fixed the number of pages and size of newspapers was held to be violative of freedom of Press and not a reasonable restriction under Article 19(2).  

RESTRICTIONS

The Indian Constitution does not mention the word “Press” expressly under the right to freedom of speech and expression.  Hence, it is included under general fundamental rights given under Article 19 and therefore, is subject to restrictions under Article 19(2).  

Clause (2) of Article 19 of Indian Constitution, enables the legislature to impose certain restrictions on free speech under following heads:

1)  Sovereignty and integrity of India: This ground was added to Clause (2) of Article 19 by the 16th Amendment.  Under this Clause freedom of speech and expression can be restricted so as not to permit to anyone to challenge the integrity and sovereignty of India or to preach cession of any part of India from the Union.  

 Sedition: Sedition embraces all those practices whether by word, or writing which is calculated to disturb the tranquillity of the state and lead ignorant persons to subvert the Govt. Sedition is not mentioned anywhere under Article 19 (2) as a ground of restriction on freedom of speech and expression.  But it has been held in “Devi Saren vs. State” that sections 124A and 153A of Indian Penal Code impose reasonable restrictions in the interest of public order and is saved by Article 19 (2).

2)  Security of the State: In the interest of security of the State, reasonable restrictions can be imposed on freedom of speech and expression. In “Romesh Thapar vs. State of Madras”, the Supreme Court said that there are different types of offences against public order but not every public disorder amounts to a threat to the security of the state.  The term security of the State applies only to higher grades of public disorder like rebellion, waging war etc.

3) Friendly relations with Foreign States:  By the first amendment, this provision was added with the objective to prohibit unrestrained malicious propaganda against a foreign-friendly State which may jeopardise the maintenance of good relations between India and that State.

4) Public Order:  The Supreme Court said that public order denotes that state of tranquillity which prevails among the members of political society as a result of internal regulations enforced by the government.  The public order also includes public safety and public safety means the safety of the community from external and internal dangers.  In “Central Prison vs. Ram Manohar Lohia”, the Court rejected the arguments that the instigation of a single individual not to pay tax would itself destroy public order.   

5)  Decency or morality: A publication is indecent or immoral, if it tends to produce negative thoughts and corrupt minds of those who are opened to such immoral influences and into whose hands, a publication of this sort is likely to fall.  Section 292 to 294 of the Indian Penal Code provide instances of restrictions on the freedom of speech and expression on the ground of decency or morality.  

6)  Contempt of Court:  If the freedom exceeds the reasonable and fair limit and amounts to contempt of Court, the restrictions can be imposed.  The contempt of Court can be either of two types, civil contempt and criminal contempt.

7) Defamation:  A statement which injures a person’s reputation amounts to defamation.  Section 499 of Indian Penal Code lays down the punishment related to defamation.  In Auto Shankar Case i.e. “R. Rajagopal vs. State of Tamil Nadu”, the Supreme Court held that no authority can impose a prior restriction upon the publication of defamatory material against its officials.

8) Incitement to an offence:  This ground was added by the first amendment.  Offence shall mean any act or omission made punishable by law and freedom of speech and expression cannot confer a licence to incite people to commit offence.  

Despite all this suppression, difficulties, restrictions the press has managed to achieve a lot of success and fame. It has been a long journey but the press has proved itself useful every time.

As in the case of Jessica Lal i.e. “Manu Sharma v State of Delhi”, Jessica was killed by Manu Sharma the son of Haryana minister Venod Sharma as she refused to serve him liquor in the restaurant. The case could not get success at that time due to lack of evidence but it got reopened due to media and public outcry. Organisations like Tehlka and NDTV have been particularly influential and made Venod Sharma resign.

Similarly, in Priyadarshini Mattoo’s Case, the victim was a law student and got raped and murdered by Santosh Kumar her colleague as she refused his proposal. Santosh Kumar was the son of an IPS officer and the case finally got judgement after a long trial due to the significant role played by the media.

CONCLUSION

Freedom of press is essential for the proper functioning of the democratic process. Democracy means Government of the people, by the people and for the people; it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his right of making a choice, free and general discussion of public matters is absolutely essential. This explains the constitutional viewpoint of the freedom of press in India. It has been sixty years since India became Republic & commencement of the Constitution there is been a lot of ups & downs in our democracy & the press also has come across age.

Thus, we can conclude that the time has come for the press of the largest democracy of the world to work with hand-in-hand with the judiciary for the welfare of its subjects. The day is not far away when there will be no eclipse of injustice & the sun of justice will shine brightly forever.

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