Introduction
“One of the purposes of a newspaper is to comprehend popular sentiment and express it, another is to arouse desirable sentiments among the people, and the third is to expose popular flaws without fear.”
Mahatma Gandhi
Communication refers to the process of exchanging information via various methods, while media refers to the medium or instrument used to store or transmit data. The term ‘Media,’ also known as ‘Press,’ refers to print and electronic information carriers such as newspapers and magazines, radio, and television, as well as the Internet as a new medium. The media, dubbed the “Fourth Estate,” is the watchdog of public affairs, informing the public and vice versa, and serving as a forum to advocate for the public’s views to those in charge of public affairs. The word medium is derived from the Latin word medius, which means “middle” (middle). The Latin root communicate is the source of the word communication. Media law encompasses all forms of media (television, film, music, publishing, advertising, the internet, and new media, among others) and spans a number of legal areas, including but not limited to corporate, finance, intellectual property, publicity, and privacy.
“Freedom of expression, particularly freedom of the press, ensures public participation in government decisions and actions, which is the essence of our democracy”.
Corazon Aquino
The right to freedom of expression is the most widely recognized human right.[1]In a democratic society, press freedom is regarded as the most important right that must be safeguarded. This liberty can only exist in a society that recognizes the right to free speech and expression. Similarly, information freedom can only be enjoyed if there are sources from which information can be obtained. These resources would be available in any country where people have the right to free speech and expression. The freedom to receive and impart information is a corollary of the freedom to express oneself. In fact, the freedom of expression and the freedom to receive or impart information are intertwined. The freedom to share information can be viewed as an expression of the informant’s or a third party’s opinion.
On the other hand, information seeking precedes the formation of an opinion and, as a result, its expression by the person seeking the information. However, when it comes to the press, freedom of expression and information are inextricably linked. While the press may be the vehicle for expression, the information may be held by someone else. Both of these freedoms would be useless unless and until they were exercised together. In the case of information, the only party with the right to freely distribute that information is the author, originator, or other intellectual owner of the information in question. However, in the case of the press, the press can also express the opinions of others, as long as they are held in good faith and believed to be true. It is the responsibility of the press, both in print and in audio-visual media, to disseminate information and ideas that the public has a right to receive. The press would not be able to fulfill its role as a public watchdog if this were not the case. The right to freedom of the press is guaranteed by Article 19 (1). (a). In the newly evolved scenario, this constitutional provision is becoming obsolete, and it needs to be revised. As a result, in order to exercise freedom of expression, one must also have freedom of information. In this regard, the Indian Parliament’s approval of the Freedom of Information Bill, 2000 (Information Bill) would be a positive step.
Development Stages of Media Laws in India
In India, the laws governing the media have changed dramatically over time. After the Battle of Plassey in 1757, the British East India Company began ruling a portion of India, and the press regulation was established. Only Europeans published newspapers in India at the time, and expulsion of the editor (printer) was the best punishment[2]. In 1766, William Bolts, an ex-employee of the British East India Company, attempted to start a newspaper in India but was deported. Later, in 1773, J. Almon, London published “Considerations on Indian Affairs” in two volumes with maps and survey reports, which included a number of papers on the affairs of India, “especially” in respect to the state of Bengal and its dependencies. In this publication, he is identified as a former Judge of the Calcutta Mayor’s Court. The Bengal Gazette or Calcutta General Advertiser, the first newspaper in India, was founded in 1780 by James Augustus Hickey. It was confiscated in 1872 for openly criticising the government. Licensing, like censorship, was a European institution that was introduced in Bengal in 1823 through Adam’s regulations to control the press. The East India Company had ordered that no employee of the company be associated with a newspaper.[3]
In 1835, the East India Company’s licencing regulations were replaced by the Metcalfe Act, which applied to the entire East India Company’s territory. It also stated that every newspaper’s printer and publisher must declare the location of the publication’s premises. However, Lord Canning reintroduced licencing in 1857, which applied to all types of publications. The Indian Penal Code, which was introduced in 1860, established offences that any writer, editor, or publisher must avoid: defamation and obscenity. The Press and Registration of Books Act (25 of 1867) was the next major development in India’s media laws at the time . This Act is still in effect, and it is amended from time to time. The purpose of this Act was to establish regulations for printing presses and news periodicals, as well as for the preservation of duplicate books and book registration. The government’s opposition peaked with the Swadeshi Movement and the partition of Bengal, both in the press and among the general public. The government passed the Newspaper (Incitement to Offenses) Act in June 1908, giving local governments the power to sue any newspaper editor who publishes articles intended to incite rebellion. As a result of the Act, nine lawsuits were filed, and seven presses were seized. Then came the Press Act of 1910, which gave the government the authority to demand security from any newspaper, similar to the Vernacular Press Act. In 1911, the British Parliament passed the Copyright Act. The Indian Copyright Act of 1914 (3 of 1914) brought similar provisions to India . It was only in 1957 that the new Copyright Act (14 of 1957)replaced it with comprehensive legislation . The Cinematograph Act (2 of 1918) was passed by the government in 1918, and it was replaced by the Cinematograph Act of 1952 in 1952 (37 of 1952).[4]
The Interim Government appointed the Press Laws Enquiry Committee in March 1947 to examine the press laws prior to independence. After India’s independence and partition, the Committee issued its report on May 22, 1948. The Act of 1931 was repealed after the committee’s report was submitted, and the Press (Objectionable Matter) Act 1951 was enacted. However, the public sentiment was so strong in favour of press freedom that it was allowed to lapse in February 1956 before being repealed in 1957. The very citizen in India has a fundamental right to freedom of speech and expression, which the courts have interpreted to include freedom of the press (Article 19(1)(a)). When the Emergency was declared in June 1975 and censorship was implemented, it was a major setback for India’s press freedom. However, after the defeat of the then-ruling party in the 1977 General Elections, no one has been able to follow in their footsteps. Even in troubled areas like Jammu and Kashmir, the Press Council advised the government not to restrict press freedom. This policy appeared to be preferable to the government’s restrictions on the press.
The liberal ethos that was reinforced after 1977 has had an impact on broadcasting as well. While the demand for a self-governing corporation to control All India Radio and Doordarshan was accepted, Prasar Bharti, an autonomous corporation, was established on September 15, 1997, after the Prasar Bharti Act was enacted. Despite several bills being introduced in Parliament over the years, no regulator has been able to control broadcasting content, and private satellite and cable channels have more freedom than in any other part of the world. Though the government has not yet allowed news to be broadcast on private radio stations, India’s freedom of print and television channels distinguishes it as one of the most liberal countries in the world when it comes to media freedom. The Right to Information Act of 2005 was passed, extending media freedom in India even further. However, many committees have argued in recent years about the need for restrictions on private satellite and cable channels. Recent events in the news media, such as the proliferation and subsequent regulation of social media, the paid news phenomenon, fake sting operations, media trials, privacy breaches, and so on, have created a slew of concerns.[5]
Print Media
“The continuation of a free press, which is the strongest guarantee of a free society, is critical to our freedom.”[6]
Richard M. Schmidt
The right to freedom of the press and expression can be considered the bedrock of a democratic government. Every business is bound by the laws of the country, the state, and the neighborhood in which it operates. Despite the fact that the freedom of the press is protected by the Indian constitution, newspaper publishers are more encumbered by legal restrictions than many other businesses. The following are the various Acts that must be considered when dealing with the regulations imposed on the Print Media:
- The Press and Registration of Books Act, 1867 – This Act regulates printing presses and newspapers, and requires all printing presses to register with a designated authority.
- The Press (Objectionable Matters) Act, 1951 prohibits incitement to crime and other objectionable matters from being printed or published. The Newspaper (Prices and Pages) Act of 1956 was enacted to regulate the prices and pages of newspapers. This statute gives the government the authority to set the price of newspapers based on the number of pages and size of the paper, as well as the amount of space that can be used for advertising.
When discussing this statute, it is important to remember the case of Sakal Papers v. Union of India,[7] The Daily Newspapers (Price and Control) Order, 1960, was challenged as unconstitutional because it set a minimum price and number of pages that a newspaper could publish. The law was justified by the state as a reasonable restriction on a citizen’s business activity. The Order rejecting the State’s argument was overturned by the Supreme Court. The right to freedom of speech and expression could not be taken away with the goal of restricting citizens’ business activities, according to the Court. Only the grounds listed in clause (2) of Article 19 can limit freedom of speech.
Defense of India Act 1962– During the Emergency of 1962, this Act went into effect. This Act aimed to curtail the freedom of the press to a large extent, in light of the unrest in India as a result of the war with China. The Act gave the Central Government the authority to make rules prohibiting the publication or communication of information that would jeopardise civil defense/military operations, as well as the prevention of prejudicial reports and the printing or publication of any matter in any newspaper.
Delivery of Books and Newspapers (Pulic Libraries) Act of 1954 – Under this Act, book and newspaper publishers are required to provide a free copy of every published book to the National Library in Calcutta, as well as one copy to each of three other public libraries designated by the Central Government.
Working Journalists and Other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act of 1955 – This act establishes minimum service standards for newspaper employees and journalists.
Civil Defense Act of 1968 allows the government to establish rules prohibiting the printing and publication of any book, newspaper, or other document that is detrimental to the Civil Defense.
The Press Council Act, 1978 reconstituted the Press Council (after 1976) to maintain and improve the standards of Indian newspapers and news agencies. Despite the fact that the Constitution grants the fundamental right to freedom of the press, Article 105 (2) places restrictions on the publication of Parliamentary proceedings. The Supreme Court held in the well-known Searchlight Case[8] that the publication by a newspaper of certain parts of House member’s speeches that were ordered to be expunged by the Speaker constituted a breach of privilege.
Role of Supreme Court
Ramesh Thapar vs. State of Madras[9] Similarly, there have been many differing viewpoints on what constitutes indecent literature or other forms of immorality expressed through media. In Kedarnath vs. State of Bihar[10], the Supreme Court upheld the constitutionality of the law of sedition under section 124A of the IPC. Virender vs. State of Punjab[11]and Sakal Papers vs. Union of India[12]show that there is no separate guarantee of press freedom under the Freedom of Speech and Expression Act, and that it is included in the freedom of expression granted to all citizens. This decision also established that the freedom of the press in the Indian Constitution is not superior to the freedom of ordinary citizens. It is subject to the same restrictions as Article 19. The Court has ruled in the above cases that the press is not immune from paying taxes, following labour laws, regulating employee services, the law of contempt of court, or the law of defamation. In the case of Hamdard Dawakhana vs. Union of India[13], the Supreme Court ruled that the right to free speech and expression includes the right to acquire and import ideas and information about matters of public concern. [LIC vs. Union of India] and to respond to any criticism leveled against one’s views through any media. The right to impart and receive information through telecasting is also included in this freedom Ministry of Information vs. Cricket Association[14]. Tata Press vs. MTNL It also includes the publication of advertisements and commercial speech[15], It also covers the right to have a private telephone conversation PUCL vs. Union of India[16]. As a result, it is clear that the right to obtain and receive information is a fundamental right protected by the Indian Constitution.
In the recent case of Vineet Narain vs. Union of India[17], the Supreme Court held that, given the widespread illiteracy among voters, as well as their overall culture and character, voters must be well informed about candidates running for M.P. or MLA elections so that they can decide independently whether to vote for more efficient candidates. Every country recognises the right to information in a democratic society. The Supreme Court of India considered whether privilege can be claimed by the Government of UP under section 123 of the Evidence Act in respect of Blue Book summoned from the Government of UP and certain documents summoned from SP, Police, Raibareilly, UP in one of its early decisions in the case of State of UP vs. Raj Narain and Others[18]. The court stated, “There can be few secrets in a government of responsibility like ours, where all public agents must be accountable for their actions.” Every public act, everything that is done in a public way by their public functionaries, has a right to be known by the people of this country. They have a right to know the specifics of every public transaction in all of its ramifications.” In a recent case, Dinesh Trivedi, M.P. and Others vs. Union of India and Others[19], the Supreme Court addressed citizens’ rights to information and stated: – In modern constitutional democracies, it is axiomatic that citizens have a right to know about the affairs of the government, which, having been elected by them, seeks to formulate sound policies of governance aimed at, Democracy necessitates openness, which is a prerequisite of a free society, and sunlight is the best disinfectant.”
Conclusion
The Court has clearly shown a preference for press freedom, in keeping with its affirmation that “freedom of expression is one of the essential foundations of a [democratic] society.” Finally, it must be emphasized that press and information freedom are critical to the proper functioning of a democracy and must therefore coexist with freedom of speech and expression. India must rise and join the race for freedom and liberalization at a time when the rest of the world is waking up to the need of the hour. However, because no freedom is absolute, India must impose limits on these liberties and must use contemporary rather than international standards to do so. However, she must remember that such restrictions must not be excessive in comparison to the pressing need. The state must provide opportunities for fair comment, and an environment must be created in which neither the informant nor the information seeker is afraid or timid. Political debates and idea sharing should be encouraged because they contribute to a healthy government and, by extension, a healthy society. In these times of globalization, it is imperative that India re-draft and incorporate provisions in its law to reflect changing needs, such as the need to expand fundamental rights. Because information no longer stops at state borders, a conducive environment for free flow of information and ideas must be created. India should become well-equipped to meet any technological or freedom-related challenge that comes her way.
References:
[1] Janis, M., Kay, R., and Bradley, A. (1995), European Human Rights Law, (Oxford: Clarendon Press) P.157.
[2] Media law in India : An Article by CA Rajkumar S. Adukia
[3] Mass India law and Regulation: Bahri Sons (India Research Press)
[4] Media law in India : An Article by CA Rajkumar S. Adukia
[5] Consultation on Media Law: Law Commission of India http://www.lawcommissionofindia.nic.in/views/Consultation%20paper%20on%20media%20law.doc
[6] Cf. Herbert Lee Williams, Newspaper Organization and Management, 5th Edn., page 347
[7] Sakal Papers v. Union of India AIR 1962 SC 305
[8] Pandit M. S. M. Sharma vs Shri Sri Krishna Sinha And Others AIR 1959 SC 395
[9] Ramesh Thapar vs. State of Madras (1950) S.C.R. 594
[10] Kedarnath vs. State of Bihar A.I.R. 1962, S.C. 955
[11]Virender vs. State of Punjab A.I.R.1958, SC. 986
[12]Sakal Papers vs. Union of India A.I.R 1962 S.C. 305
[13] Hamdard Dawakhana vs. Union of India A.I.R. 1993 S.C.171
[14] Ministry of Information vs. Cricket Association (1995) 2 S.C.C. 161
[15] Tata Press vs. MTNL 1995) 5 S.C.C. 139
[16] PUCL vs. Union of India (1997) 1 S.C.C. 301
[17] Vineet Narain vs. Union of India (1998) 1 ACC 226
[18] State of UP vs. Raj Narain and Others (1975) 4 SCC 428
[19] Dinesh Trivedi, M.P. and Others vs. Union of India and Others (1997) 4 SCC 306
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