Freedom of Press & Media in India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Free and independent media is a cornerstone of democracy, as enshrined in the Indian Constitution under Article 19(1)(A).
• The media is often referred to as the fourth pillar of democracy, akin to nourishing milk for a nation.
• Democracy thrives on the active participation of its citizens, and the media plays a pivotal role in facilitating this engagement.
• The professionalism, accountability, and responsibility of the media are essential for the effective functioning of a democratic society.
• The media significantly contributes to shaping public opinion on various national and international issues.
• However, the freedom of the press, like any other right, is not absolute and is subject to certain restrictions outlined in Article 19(2).

Role of Press & Media in a Democratic Country

• Press freedom is essential in a democratic country to ensure people are well-informed about social, economic, and political affairs.
• Freedom of speech and press are fundamental in democratic societies as they facilitate political discussions and public education.
• The Constitution of India guarantees the right to freedom of expression, including the freedom to seek, receive, and impart information through any media.
• The right to press includes the ability to comment on public affairs, criticize public figures, and government policies.
• Media plays a crucial role as a watchdog, bringing to light issues like government corruption, scams, and inefficiencies.
• Thoughtful criticism by the press and the public is vital for holding government officials accountable in a democratic society.
• The press's ability to gather diverse information independently is crucial for a competitive and free media landscape.

Examples of Press & Media Influence

• During elections, media coverage helps voters make informed decisions by providing information on candidates and their policies.
• Investigative journalism by the press exposes wrongdoing and holds those in power accountable, fostering transparency and accountability.

The Freedom of Press & Media is not Unlimited or Absolute

• During the drafting of the Constitution, the issue arose whether to have a separate provision for press, similar to the American Constitution, or include press freedom within the right to speech and expression, as in the English Constitution.
• Dr. Bhim Rao Ambedkar emphasized that the press is a reflection of an individual's rights and should not hold superior privileges beyond those of an ordinary citizen.
• The Supreme Court highlighted the importance of a free press in political discourse as a public educator but stated that this freedom is not without limits and should not harm an individual's reputation.
• Press freedom is not absolute, as mentioned by Press Council of India Chief Markandey Katju, who stressed that the ultimate right is the enhancement of the quality of life for the masses.
• The Court, in various cases, has underlined that while free speech is crucial for a democratic society, reasonable restrictions can be imposed in the interest of the public good.
• Article 19(1)(a) of the Indian Constitution grants freedom to the press and media but subject to restrictions specified under Article 19(2) to safeguard the sovereignty, integrity, and other essential aspects of the state.
• Regulations and limitations exist to prevent defamation, contempt of court, and incitement to offenses, ensuring a balance between press freedom and societal well-being.

The Role of Press & Media in the Current Context

• The Press and Media have historically played a crucial role, especially during revolutions and independence movements, serving as a vital source of information for the public.
• In the past, the Media prioritized providing factual truth, ground reports, and authentic information, fearlessly critiquing governments and policies.
• Recent incidents, such as the 2019 case in Uttar Pradesh where a journalist was charged for exposing issues in a primary school under the Mid-Day Meal Scheme, highlight attempts to control and influence the media.
• The influence of those in power has significantly impacted the media landscape, making it challenging to criticize or question authority without facing repercussions.
• Media houses, once known for their independence, have increasingly succumbed to pressures, sometimes spreading fake news, promoting hatred, and engaging in biased reporting.
• India's position on the World Press Freedom index has declined, indicating challenges to press freedom, particularly exacerbated by situations like the abrogation of Article 370 and communication blackouts in Kashmir.
• Media trials, once a tool for revealing truth, have now become a problematic practice, interfering with the justice delivery system and raising ethical concerns.
• With power comes responsibility, and it is essential for the Press and Media to uphold ethical standards and act as watchdogs of democracy.

Conclusion

 The media is an essential and influential source of information that plays a significant role in nation-building. Media should serve as a platform accessible to everyone regardless of their financial status or location. In today's world, where humanitarian crises are increasingly common, especially among impoverished populations, the media can play a crucial role in uplifting people from their hardships. The media acts as the voice of the people and can even spark revolutions. According to Venkatramaiah, a judge of the Supreme Court of India, in the case of Indian Express Newspaper (Bombay) v. Union of India, freedom of the press is vital in today's free world as it is at the core of political discourse. The press now plays a crucial role in educating the public, facilitating both formal and informal education on a large scale, particularly in developing countries. Democracy, media, and criticism are closely intertwined, with the press serving as a means of public education. Media should enjoy freedom but must not abuse it by being absurd or infringing on the rights of others, as doing so would disrespect constitutional values. Reporters have a duty to uphold dignity, honor, and the values of ethical journalism.