Editorial

Source - The Hindu

Introduction

India ranks 161 out of 180 countries in the World Press Freedom Index, 2023 which takes into account legal interference in journalism, censorship, media independence, and the safety of journalists.

• The World Press Freedom Index, 2023 is published every year by Reporters Without Borders and analyse 180 countries based on their level of press freedom.

What is Freedom of Media?

• Freedom of Media imparts the basic principle that communication and expression through various media such as printed media, electronic media and published materials, should be exercised freely.
• Freedom of press is not expressly covered under any legal system, but it is impliedly protected under Article 19(1) (a) of the Constitution of India, 1950 (COI).

Why is Freedom of Media Important in India?

• Freedom of Media enables free exchange of ideas, information and different viewpoints which plays a vital role in the smooth functioning of democracy.
• A free press can inform the citizens of the government bodies and the work that they have done. This makes the government accountable.
• It conveys the needs and desires of the people to government bodies, which in turn helps them in making informed decisions.
• It promotes open discussion of ideas that allows individuals to fully participate in political life.
• It empowers the masses with the right of freedom and expression.
• It simplifies the complex information for the consumption of the public.
• It is considered as a fourth pillar of democracy, the other three being legislature, executive and judiciary.

What are the Rights of Media in India?

• The following rights can be exercised by the Media in India:
  • Right to free speech and expression
  • Right to receive and publish information
  • Right to circulate and broadcast
  • Right to conduct interviews
  • Right to criticize
  • Right to report court proceedings
  • Right to advertisements

What are the threats to Freedom of Media?

• The influence of social media and continuous attack of fake news acts as hinderance in the freedom of media.
• The killings and assaults on journals have become very common and raise several security questions.
• Hate speech shared and amplified on social networks are targeted against journalists using social media.
• Corporate and political power has overwhelmed large sections of the media, both print and visual, which lead to vested interests and destroy freedom.
• Misinformation and paid news can misguide millions of people at once, and this will be in direct contradiction with the fundamentals of democracy which form the bedrock of our existence.

What are the Legal Provisions in Relation to Freedom of Media?

• Article 19(1)(a), COI:
  • Freedom of Media has not been expressly mentioned in the COI, but it is considered as an integral part of the freedom of speech and expression which is contained in Article 19(1)(a).
  • This article states that all citizens shall have the right to freedom of speech and expression.
  • This right is available only to a citizen of India and not to foreign nationals.
  • The freedom of speech under Article 19(1) (a) includes the right to express one’s views and opinions on any issue through any medium that is by words of mouth, writing, printing, picture, film, movie etc.
• Article 19(2), COI:
  • The exercise of this right is, however, subject to reasonable restrictions for certain purposes imposed under Article 19(2).
  • The Article 19 (2) states that nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

What are the Landmark Judgements in Relation to Freedom of Media?

• In Romesh Thappar v. State of Madras (1950): The Supreme Court (SC) observed that freedom of the press lays at the foundation of all democratic organizations.
• In Indian Express v. Union of India (1985): The SC held that the Press plays a very significant role in the democratic machinery. The courts have a duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom.
• In Maneka Gandhi vs Union of India (1978): The SC held that the freedom of speech and expression is not confined to National boundaries.
• In Bijoe Emmanuel v. State of Kerala (1986): The SC held that the right to speak includes the right to be silent or to utter no words.

Conclusion

The Government and other bodies are trying to curb hate crimes and protect the lives of journalists by making stricter laws and executing a penalty as and when necessary.

Responsible journalism acts as the engine which drives democracy towards a better future and newspapers have historically acted as catalysts for social and political change so the press must remain free if a country is to remain a democracy.