Tag: Media

INTRODUCTION

Behind today’s Democratic Secular Republic Socialist Sovereign India lies a ton of tumultuous happenings which includes the unification of around 565 princely states and the war between two neighboring countries. The credit for the present date India goes to the nation’s freedom fighters like Sardar Vallabhbhai Patel, Jawaharlal Nehru, and Mahatma Gandhi among many others. A committee headed by B.R Ambedkar drafted the constitution and adopted the same on 26^th November 1949 establishing democracy in India. Indian democracy is a government that is elected by the public of the country to regulate law and order in society and the government is answerable to the general public regarding its action. The Indian government is based on a parliamentary system i.e., the House of Representatives (Rajya Sabha) and House of People (Lok Sabha).

The democracy of India rests on four pillars— Legislature; Executive; Judiciary; and Media. In a democracy, citizens enjoy certain freedoms like professing any religion, practicing any profession, residing throughout any territory of India, forming associations, speech and expression, to assemble in any part of India subject to reasonable restriction. Similarly, internet freedom comes into play to protect one’s digital rights, right to access to information, and freedom from censorship on the internet. Indian government must uphold the rights and freedoms provided to citizens with changing times to ensure democracy in Indian society. Nowadays, Internet Democracy or Digital Democracy (E-Democracy) is used for governance which assures effective participation, equality of decision, clarity of issue, and cyber security issues. As youth believes, the internet is a primary source for any event and its easy accessibility and authenticity make it gain influence over the traditional resources. The minimal issues can be reduced by collective decision and problem-solving, resultantly helping the democracy to work efficiently and smoothly.

FREEDOM OF INTERNET

United Nations of Human Rights Council declared Freedom of the Internet as a human right in the year 2012. Especially an addition was made by the UN in the Universal Declaration of Human Rights Article 19 that everyone has a right to express his/her views on any issue going around via any social media platform disregarding any borderline among nations. Section 32 states the protection and promotion of human rights on the internet. The freedom that one enjoys offline must also be able to enjoy the same freedom online.

In the case of Faheema Shirin v. the State of Kerala,¹ high court concluded that the right to the internet is a part of a fundamental right. It is covered under Article 19 as well as 21 as it constitutes an essential part of one’s life with changing times. It was argued that if one was given the fundamental right to enjoy something, one must also have enough means to fulfill its purpose too. Bansashree Gogoi v. Union of India² reveals how an infinite number of petitions were filed in Guwahati High Court against the internet shutdown in Assam. The court opined the order to be lifted due to inconveniences faced by people in their day-to-day life.

The most recent incident of internet shutdown and mobile connectivity in Jammu and Kashmir in order to ensure security in the state also attracted a dispute. The action of the Home Department of Jammu and Kashmir was challenged by Anuradha Bhasin³ on grounds that no reasons were given while passing orders as required. Further, the order passed was based on agitation that the law and order situation would be damaged. The court believed that the state government has no right to pass any order based on its agitation regarding the maintenance of law and order. The government has pledged to be transparent and answerable to the public, therefore, making it an individual’s right to know. While concluding the case Hon’ble Supreme Court quoted that “Prohibition to the internet is a fundamental right but subjected to certain restrictions.”

The government had shut down internet services in the union territory and when resumed, only 2G services were supplied that led to a lot of hassle as most of the work was being done online due to COVID-19. The court took notice of it and asked the government to form a committee to cater to the situation that would also make regulations keeping in mind the needs of petitioners⁴.

Freedom House was established in the year 1941 and stationed in New York. It’s a governmental organization that aims the promotion of democracy throughout countries of the world. It issues an index showing the freedom of the internet among countries of the world. Iceland (96) topped the list whereas China (10) was at last. Speaking of India, it got a score of 49 out of 100 keeping in mind three indicators i.e., obstacles to accessing the internet, limits provided for content, and violations of user’s rights. India’s rank has been falling for the last two years and yet it has shown no improvement at all.

SOCIAL MEDIA

Social Media is a platform used by people to share their ideas, opinions, suggestions, and information about anything ensuring active participation in decision-making and other issues revolving around the interest of the general public. Social Media was formed to connect people from one person to another in two different corners of the world but with the advancement of technology, the business industry started using it as a medium to reach out to their customers.

In the present-day context, there are over 5.8 billion people around the world using internet facilities. With the existence of COVID-19, the number of users is only going to increase due to the maximum work being done online. Social media gives easy access to information, holding the reasons and answerability of leaders in check regarding issues arising in society. However, everything has its drawbacks; non-regulation of the system leads to the spread of bogus news, targeting minor castes or religions, and resultantly dampens democratic principles.  

Traditional Media and Social Media are two different sources that provide us with information about events that took place around the world. Traditional Media is about the news read in a newspaper or shown on T.V or listened to on the radio with the approval of an editor. On Social Media, the content is shared by any user of apps like YouTube, Twitter, or Facebook which he/she deems fit. Traditional Media offers one-way communication and no interaction among its users whereas new media is a two-way communication that allows the interaction between publisher and user. The internet and social media provide people with social networking and a range of opportunities that help in developing the social skills of youngsters.

SOCIAL MEDIA AND THE INTERNET ENSURE DEMOCRACY

With access to usage of the internet and platform to share ideas, opinions, and suggestions one can use his/her fundamental rights effectively and efficiently. Indian Constitution giving citizens the Right to the Internet under two different fundamental rights itself says a lot about the importance of the internet in the modern world. Article 19 provides Freedom of Speech and Expression to ensure there’s no hindrance to this right, therefore, the government must ensure the means to express the views, suggestions, and ideas must be given by the presence of social media and access to the internet as social media is an internet-based platform. Article 21 provides for the Right to Life and Personal Liberty ensuring the usage of the internet is important for one’s day-to-day life, the internet services, and their speed must meet the level so that no issues arise.

The presence of social media and the internet has two aspects related to the democracy of India— It provides assurance to the general public that their voice is being heard and government can also provide clarity of policy and reasons behind their actions. Discussion among people can easily help with problem-solving, the flow of information about elections, and assets and liabilities of candidates. It allows people to share their opinions but conflicting opinions can lead to hate comments or massive trolling. During elections, candidates may give speeches related to ethnic origin or caste, or religion for vote bank from that particular minority. To limit the spread of bogus information, social media platforms must be held liable for the contents posted on their sites and the government should also form new laws keeping in mind the problems that arise with the usage of the internet and social media.

CONCLUSION

Social media and usage of the internet are important to one’s life but excess of anything is harmful. Therefore, the freedom given must be with reasonable restrictions. Censorship is one of the main solutions to the problem of the spread of bogus news, anything that violates principles mentioned in the preamble, and many other issues. Yet, people are still divided on the issue of censorship. Some people support censorship as it restricts unlawful behavior, censoring influential content can help in the prevention of publicizing content that may be offensive. Whereas censoring content may also violate privacy, it may restrict the content that other people may not deem offensive or the uncensored content may be inappropriate. It may lead to a loss of originality in one’s content.

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CITATIONS

¹ WP (C) No. 19716 of 2019 (L).

²  2019 SCC OnLine Gau 5584.

³ Anuradha Bhasin v Union of India, AIR 2020 SC 1308.

⁴ Foundation for Media Professionals v. Union territory of Jammu and Kashmir (2020) SCC online SC 453.

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

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 150^th 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.