Freedom of Press

Freedom of the press is a precious privilege that no country can forgo. Mahatma Gandhi.

Freedom of press is like the freedom of communication and expression on wheels which can be done through electronic media and publications. While, the press should be free from all the laws and regulations which can infringe there power to interact and communicate information, they should also be protected through some constitutional provisions.

The Indian Press encompasses a long history right from the days of British rule the country. Britisher’s Government enacted variety of legislations to manage the press, just like the Indian Press Act, 1910, then in 1931-32 the Indian Press (Emergency) Act etc. Throughout the Second Warfare (1939-45), the chief exercised complete powers underneath the Defence of India Act & implemented censorship on press. On the other hand, the publication of all news with reference to the Congress activities declared felonious.[1]

If we will take a look from 1947 onwards i.e., Post-Constitution era, there are lot of implementations that took place for freedom of press in our country. Article 19(1)(a) lays down, “All citizens shall have the right to freedom of speech & expression.”[2] Unlike, United States Constitution, Indian Constitution does not expressly has the term of free speech and expression of media, but, know it is quoted by the Hon’ble Supreme Court of India that the phrase “speech and expression” under Article 19(1)(a) also includes freedom of press.[3] This interference means that no authority can have there interference on the content provided via newspapers and other means of source.

Freedom of Press in United States

The public’s right to understand is one amongst the central principles of American society. The framers of the Constitution of the U.S. resented the strict management that the American colonies’ British rulers had put over concepts and data they didn’t like. They determined that the ability of data ought to be placed within the hands of the folks. To insure a healthy and earthy flow of data, they enclosed freedom of the press among the essential human rights protected within the new nation’s Bill of Rights. These initial Amendments to the Constitution of the U.S. became law in 1791. The First change says, in part, that “Congress shall create no law… abridging the freedom of speech, or of the press…” That protection from biasedness by the federal government meant that anyone — wealthy or poor, and no matter of political or spiritual beliefs — may publish anything he or she wants to.[4]

Freedom of Press in United Kingdom

Parliament of UK is sovereign in nature. Contrast to India, America and other states UK does not have a guaranteed rights. The freedom of speech & expression is well recognized in UK. Citizens of the country enjoy right of liberty to do any act to that extent which does not violates the Common Law.

Current Situation of Press in India

A lot many cases came up to the courts in the past and are still coming related to freedom and working of press. In Romesh Thapar v. State of Madras[5], Chief Justice, Patanjali Shastri, observed that “Freedom of press lays down the foundation of a democratic organisation. Providing to the people free political discussion on any public education, is not possible if provision of it is not present for freedom of media.”[6]

In Indian Express Newspaper v. Union of India[7], it was held by the hon’ble court that press plays a vital role in democratic machinery. The right of speech & expression strengthens the power of media to communicate information relating to any act within the territory or in international states. It is the duty of courts to invalidate all the laws which infringe this freedom. Freedom of press has three important elements:

1. Access to all the information,
2. Right to publish the information, and
3. Right to circulate the information.

In spite of these judgements, many a time it has happened that legislature has surpassed these freedoms and rights. In Sakal Papers v. Union of India[8], the Court said that the Newspaper Act & Order both were unconstitutional. While providing this relief, the Court did not looked upon the injustice that the readers face for their right under Article 19(1)(a) was also contravened.[9]

Restriction in India

As, the freedom of press lacks express statement in the constitution, likewise, the restriction also lack direct statement. They are under Article 19(2)[10] which are:

1. Security of the state,
2. Relations with Foreign States,
3. Public order,
4. Decency or morality, or
5. Contempt of court,
6. Defamation or incitement to an offence.

The constitution has some restrictions as discussed above. The Constitution (Sixteenth Amendment) Act, 1963, sec 2(a) added “The sovereignty and integrity of India” as a restriction as seen equally important to protect the sovereign status of the country from hampering.

Sedition

Section 124A of IPC, 1860 define sedition as: “Whosoever tries or attempt to bring the feeling of hatred, defamation or disaffection towards the Government of India shall be punished with imprisonment for three years, which may extends to life or with fine or both.” But Explanation 3 states, “Comments expressing disapproval of the executive or other action of the govt. which not excite or try’s to excite hate, contempt or disaffection, is not said to be an offence beneath this section”. In Devi Saran v. State[11], the hon’ble court held that Section 124A imposes restriction on public order and in public interest, therefore, it was protected under Article 19(2) of the Constitution.

Reporters Without Borders(RSF) Index 2020

World Press Freedom Index 2020, compiled by Reporters Without Borders(RSF), states that the  future of journalism will be decided in the next ten years. It takes into account the current Covid-19 pandemic; and says that the right to freely report and give relevant and reliable information may be in a threat; due to excessive powers incurred by the authorities in power.

They stated that there is a direct relation between media with the current corona pandemic and the ranking of country’s in Index. Both China and Iran restricted country’s media to show the intensity of major coronavirus outbreaks. In Iraq (162^nd rank), the authorities stripped media licence for three months after they have put forward the question of current coronavirus outbreak figures. In Europe, Prime Minister Viktor Orbán of Hungary (89^th rank), passes a “Coronavirus Law” which imposes a penalty of being in prison upto five years on providing false information; an inappropriate decision which officials took.

“The public health crisis presents authoritarian governments with a possibility to put in force the notorious “shock doctrine” – to take benefit of the reality that politics are on hold, the public is taken aback and protests are out of the question, to be able to impose measures that might be impossible in everyday times,” Deloire added. “For this decisive decade which should not be the end of media, goodhearted people, wherever they are, must campaign for people related to journalism so that they can fulfill their role as society’s trusted third parties.”[12]

Responsibility of Press

No doubt, the press know the responsibilities incurred upon them. They have done a lot for the welfare of the society. But, still sometimes they act in such a manner that most their audience takes offence; and consequently think the news is worthless. In Prof. Sabharwal’s case, ABVP activists killed Prof. Saharwal. A number of journalists were present at the spot and were having the proof related to the case. But, they acted so irresponsibly that the court & the police called it an ‘Open & Shut Case’.[13]

Peter Millett in his blog said, “Mark Twain once said: “stupid people – who constitute the overwhelming majority of this and all other nations – believe and are convinced by what they get out of a newspaper, and there is where the harm lies.” I wouldn’t entirely agree with Mr. Twain. The crucial point is credibility.  For the media to be credible it has to take responsibility for getting its facts right. It means digging deep, going in the field and collecting information from different people for different side of the story. And to analyse the facts thoroughly. Media should not hesitate to go in the roots to expose lies, hypocrisy and corruption; but they should be sure about their facts before doing so.

Stories which have their roots from rumours or sourced from people who just want to grind that person or other institutions; make people to not rely on the news provided or flashed on TV by media channels.

Acting responsible not just meant to tell the truth, but also to follow the law; and to be honest the way a journalist should be while gathering and communicating information. If by any chance press indulges itself in breaking laws, then the readers and viewers starts disconnecting themselves from them.”[14]

Conclusion

Thomas Jefferson once said: “Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” Democracy comprises of four pillars: the legislature, the executive, the judiciary and the press. Rights and freedom given to press is essential for running the democratic country freely and smoothly.

The National Commission to Review the Working of the Constitution (NCRWC) in its final report that was submitted to the Government consists that Article 19(1)(a) deals with “freedom of speech & expression”. It is proposed to expressly constitute freedom of press and other media, to find, receive and construed information and ideas and to have their opinion.[15]

It is time for the press of each and every country to work hand-in-hand with their judiciary for the welfare of the subjects of their states. Now is the time that the press of world’s largest democracy should work in-parallel with the judiciary, executive and legislature for the betterment and upbringing of the country.

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References:

[1]Mayukh Gupta, “This article deals with the constitutional provisions regarding freedom of press & the role played by the media in delivering justice…” available at: http://www.legalservicesindia.com/article/217/Freedom-of-Press-In-India.html (visited on April 23, 2020).

[2]A.R. Khan, The Constitution of India 18 (CL Media (P) Ltd., KH No. 1027, Ramnagar, Salempur, Rajputana, Roorkee (U.K.), 2018).

[3]Indian Express Newspapers v/s Union of India AIR 1986 SC 515.

[4]The Media in the United States > Freedom of the Press, available at: https://usa.usembassy.de/media-freedom.htm (visited on April 23, 2020).

[5]AIR 1950 SC 124.

[6]Mayukh Gupta, “This article deals with the constitutional provisions regarding freedom of press & the role played by the media in delivering justice…” available at: http://www.legalservicesindia.com/article/217/Freedom-of-Press-In-India.html (visited on April 23, 2020).

[7](1985) 1 SCC 641.

[8]AIR 1962 SC 305.

[9]Case Analysis, available at: https://globalfreedomofexpression.columbia.edu/cases/sakal-papers-p-ltd-v-the-union-of-india/ (visited on April 23, 2020).

[10]A.R. Khan, The Constitution of India 18 (CL Media (P) Ltd., KH No. 1027, Ramnagar, Salempur, Rajputana, Roorkee (U.K.), 2018).

[11]AIR 1954 Pat 254.

[12]Reporters Without Borders(RSF), Report: 2020 World Press Freedom Index, available at: https://rsf.org/en/2020-world-press-freedom-index-entering-decisive-decade-journalism-exacerbated-coronavirus (visited on April 24, 2020).

[13]Mayukh Gupta, “This article deals with the constitutional provisions regarding freedom of press & the role played by the media in delivering justice…” available at: http://www.legalservicesindia.com/article/217/Freedom-of-Press-In-India.html (visited on April 24, 2020).

[14]Foreign and Commonwealth Office, available at: https://blogs.fco.gov.uk/petermillett/2012/02/13/the-responsibility-of-the-press/ (visited on 24, 2020).

[15]Mayukh Gupta, “This article deals with the constitutional provisions regarding freedom of press & the role played by the media in delivering justice…” available at: http://www.legalservicesindia.com/article/217/Freedom-of-Press-In-India.html (visited on April 24, 2020).