The word Press in general consensus refers to mass media, publications,
magazines and newspapers and the people who are referred or considered working
for the press are journalists. Press was formed with the objective of providing
unbiased news, opinions, comments and viewpoints on the matter of state and
public affairs.
But since then, the term has relevantly evolved and today the press doesn't just
provide news, opinions, comments and viewpoints on the matters of state, but
from the whole world, whether that news is important or unimportant. The means
of the press has evolved as well, from printing to T.Vs, radios and podcasts,
the press helps people form an opinion and judgement on matters like What's
going on in their society?, whether we should vote this particular individual
for next election or not?, do I have to be on guard about a specific thing? but
are these questions being answered without any mala fide? And are journalist's
permitted to freely write and publish anything without any interference by
authorities?
Why Should There Be A Freedom Of The Press?
The objective of the press is to spread news, ideas, opinions, awareness by
printing the facts and opinions on abundant matters by which citizens can form a
rational judgement on a particular subject and a rational judgement can't be
formed without proper information of the subject and this is where the press
comes into play. But if the press is restricted on the matters of providing
information, a rational or sensible judgement can't be formed.
In democratic countries, the press has a vital role here, as without proper and
lucid information people can't decide for whom they should vote? A free press is
integral to social and political discourse, this was recognised by the courts in
the case of Indian Newspapers v Union of India, where it was held that: The
press has now assumed the role of the public educator making formal and
non-formal education possible in a large scale particularly in the developing
world, where television and other kinds of modern communication are not still
available for all sections of society.
The purpose of the press is to advance the public interest by publishing facts
and opinions without which a democratic electorate cannot make responsible
judgments 1 Concluded that press is the medium of information in the modern
developing world and that information should be unbiased and spread with bon
fide.
Freedom Of Press In India And Article 19:
In India the Freedom of Press is not explicitly stated in the constitution,
it's implicitly stated under Article 19 of the Indian Constitution which states
Freedom of Speech and Expression which is the right to express one's opinion
freely without any fear through oral/written/electronic/broadcasting/press.
During the framing of the constitution, there was a debate in constituent
assembly about this and it was made clear by Dr B.R Ambedkar, Chairman of the
Drafting Committee:
That no special mention of the freedom of the press was necessary at all as the
press and an individual or a citizen were the same as far as their right of
expression was concerned. Considering the case of
Romesh Thaper v/s State of
Madras it was observed by Patanjali Sastri J.: that freedom of speech and
expression included propagation of ideas, and that freedom was ensured by the
freedom of circulation.�2 After this freedom of the press was considered as a
curial part of the freedom of speech and expression as guaranteed in Article
19(1) (a) of the constitution.2
Should The Press Be Given The Right To Free Flow Of Information Without Any Legal Consequences?
The rational answer to this can be that, no doubt there should be freedom of the
press no doubt, the citizen has the right to know about the matter's of state,
public affairs, case proceedings etc, but it can't be taken out of proportion
that certain reasonable limitations are necessary to make sure that this freedom
isn't misused or used with mala fide.
To prevent this, some reasonable limitations have been imposed on freedom of
speech and expression as, freedom of press derives its powers from Article
19(1)(a), it is also subject to the reasonable limitations imposed on Article 19
(1)(a) under Article 19(2).
Following are the situation's in which freedom of speech of expression (that
is the freedom of the press as well can be restricted:
Security Of State:
if the freedom of expression is used in such a way that it promotes
violence, rebels, riots etc it becomes a threat to the security of the
state. Considering the case law of State of Bihar v/s Shailabala Devi,
the apex court held that: Any person citizen or non-citizen makes a speech
which promotes or encourages people to commit offences such as murder,
robbery, riots etc is without a doubt threat to the national security of the
state and order to stop this is covered under Article 19(2). 3
Public Order:
If the freedom of speech and expression is excised in such a manner that it
disturbs the peace and order of the public or society i.e: promotion of
riots, creating havoc etc, can be considered as a violation of such freedom
and for this purpose as well, reasonable limitation's have been imposed to
prevent such violation. The term Public Order can be constructed as
no rebellion's or riots or disturbance of public peace, this was
held by the apex court in the case of Madhu Limaye v/s Sub Divisional
Magistrate Monghyr.4
Contempt Of Court:
A person expressing their view while in the court of law has keep certain
things in check that even though there is a freedom of speech and expression
in the court of law, that freedom is not supposed to used in such a way that
it disrespect's anyone in court (especially judges, lawyers or court
official). While in an ongoing proceeding, if court finds someone speaking
or expressing in such a manner that is disrespectful, court can find that
person in it's contempt.
As made lucid in the Indian Constitution, the Apex
Court under Article 129 and High Court under Article 215 have the authority
to take punitive action for contempt of court. This was further held in C.K
Daphtary VS O.P Gupta5 where it was held that S.228 of I.P.C and A.129 of
the Indian Constitution are reasonably valid and covered within the purview
of reasonable restrictions as mentioned in Article 19(2) of the Indian
Constitution.
Are These Restrictions On Press Necessary And Justifiable?
There is no doubt that press is essential part of a country, especially a
democratic country where the citizen's form opinion and come to conclusion based
on what press presents to them. In the legal perspective, everyone despite any
diversity are viewed in an equal manner and be that it is reasonably considered
that everyone (a person or a thing) has it's pro's and con's, while the pro's
may be beneficial for the society at large, we have be reasonable and be
prepared for the con's or do something to prevent them.
The above mentioned reasonable restriction's are necessary because if complete
freedom is given, it can be misused, here
journalist's ethics6 is
considered that a journalist's should present news and opinions in an unbiased
manner and not personally attack or misrepresent a figure for which he/she may
hold a personal grudge against.
To prevent harm's which may create havoc or chaos among citizen's or force
people to rebel against their own government or start a religious conflict
because of misinformation or biased news which may not even to be true but is
presented in that way to the citizen's. That's why certain limitation's have
been imposed to prevent such things.
Conclusion:
In India, the journalism is considered a dangerous profession as we have
seen journalists getting death threat's or even murdered while exposing a
certain truth7 (Source The Wire In), and India is ranked 140th in Press freedom
according to the World Press Freedom Index By Reporter's without Borders. The
objective of Press is to deliver news and be voice of citizen's in aspects like
welfare, corruption statistic's and interpreting the work of government and not
supposed to disperse irrelevant news.
The Press has to maintain certain ethics and work by the book which is in
accordance with law, but at the same time, statutory authorities have to take
the responsibility that journalist's are not murdered or harmed while doing the
good thing.
To mention in recent times in India the authorities have given reasonable
freedom to press which is in the form of Whistleblower Act, Sedition Act and
amending RTI Act as citizen's have the right to information which is supposed to
be lucid, truthful, lawful and with any mala fide and many of us would are
extremely eager to see the day when Press not just in India but in every part of
world is free to cover news while being safe and present unbiased opinion's
about any significant subject.
The Cadit quaestio here is:
Which source should the citizen's trust after knowing about this particular
reality? If I were to answer this bluntly, I particular find the content,
article's and information precise of these following sources: The Wire In, Wall
Street Journal, BBC World, The Hindu, Pocket and The Quint.
End-Notes:
- Indian Newspaper v/s Union of India
- Romesh Thaper v/s State of Madras
- State of Bihar v/s Shailabala Devi
- Madhu Limaye v/s Sub Divisional Magistrate Monghyr
- C.K Daphtary v/s O.P Gupta
- The Wire In
- The Wire In
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