01 Nov

Freedom of Press

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Content

• Constitutional Status of Freedom of Press
• Significance of Free Press
• Why freedom of press has been affected?
• Second Press Commission

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Introduction

• Freedom of Press is considered the backbone of a democratic society. The freedom enjoyed by the press in a country is a measure the freedom enjoyed by the citizens there.

Constitutional Status of Freedom of Press

• Though Freedom of Press is not directly mentioned in the Indian Constitution, it is incorporated under Article 19(1)(a) which provides for Freedom of Speech and
  Expression. Similarly, the liberty of thought and expression mentioned in the preamble of the Constitution includes in its ambit the freedom of press.
• Constituent Assembly Debate
• In the Indian Express vs Union of India, 1985, Supreme Court upheld the view that Freedom of Press is constituted under Article 19(1)(a) of the Indian constitution.

Significance of Free Press

• 4th Pillar of Democracy
  • Press is regarded as the fourth pillar of democracy as it acts as an important check on the policies of government which may have been formulated with malafide intention.
  • By providing correct information to people, it makes them more aware and thus act as a means for keeping elected officials responsible to the people who are supposed to serve.
  • Investigative Journalism have played a very important role in uncovering truth which have otherwise remained hidden. It thus acts as a vital agency to curb corruption and injustices in society.
  • Further, it helps government to know the moods and needs of people. Thus free press is described as the oxygen to democracy and without it a democratic society can’t survive.
• Press is considered an important medium of communication, because of its wide horizon.
• Education and Awareness Generation:
  • Press today is considered an important mechanism to spread education and awareness regarding many social, economic and political issues.
  • For e.g., Media plays an important role in promoting equality of women, ending caste discrimination etc. At the same time various newspapers, news channels etc. educate citizens regarding insurance cover, equity investment etc.
• Press contributes to formulating public opinion which helps on one hand imparting the knowledge to the society and one the other hand restraining the tyrannical actions of the government.
  • Press may also serve a role in achieving stability and solidarity in the nation.
• Source of Information: The role of press is crucial as it provides comprehensive and
  objective information of all aspects of country’s economic, political, social and cultural
  aspects.
• Entertainment: By covering topics like movies, sports etc. the press also acts as a source of entertainment for many people.
• It has also served as an important medium of advertisement and publication.
• And finally, it serves as a link between different regions of the entire nation as the freedom of speech and expression knows no boundary.

Regulation of Press/Media in India

• Mostly self-regulated
• A lot of private channels have themselves set up a News Broadcasting Standards Authority (NBSA) of India which issues various guidelines.
  • NBSA is empowered to warn, admonish, censure, express disapproval and fine the broadcasters a sum of Rs. 1 Lakh for violation of code.
• Press Council of India
  • It is a statutory body to regulate newspapers, journals, magazines, and other forms of print Media but it cannot penalize them for violation of guidelines.
• CBFC
  • Content of Movie and Tv shows.

Why freedom of press has been affected? / What hinders freedom of press in India?

• Corporate Ownership and Commercialization of new channels and papers -> Profit centric approach -> lobbying rent seeking behavior (as highlighted in telecom and coal allocation scams)
• Concentration of control among few houses
  • A study by Reporters without Borders says that the Indian media market is huge, but is owned and controlled by few, thus establishing a pattern of monopoly. This concentration is a result of considerable gap in the regulatory framework to safeguard media pluralism and prevent media concentration.
• In the era of Crony Capitalism, Paid news has emerged as an important factor affecting press freedom.
• Newspapers partially owned by politicians or aligned to a particular political ideology.
  (Lapdog media, Godi Media)
  • In the scenario of post-truth Politics – the lapdog media also tend to propagate those new ideas which appeals to the emotion and are disconnected to the policy. By repeated assertion of talking points, the factual rebuttals are ignored.
• Government advertisements have emerged as an important source of income for press. This sometimes is used by government to arm twist press to work according to its will.
• Other statutory provisions which hinder freedom of speech includes the Official Secrets Act, 1923, both Civil and Criminal Defamation provisions, non-codified parliamentary privileges etc.
• No-Protection is available to whistle blowers who contribute to a large extent to freedom of press and bringing transparency to public domain.
• Violence Against Journalists due to poor law and order situation.
  • India is considered one of the most dangerous countries to work as Journalist.
• Misuse of state machinery to harass critical newspapers and channels.
  • For e.g., Republic TV chief was arrested in an old abetment to suicide case.
• Reasons given by Press Freedom Index for India’s deteriorating performance.
  • Pressure from Government: According to the index, the media in India, among nations reputed to be more democratic, faces pressure from “increasingly
    authoritarian and/or nationalist government”.
  • Policy issues – Defamation, Sedition, Contempt of Court, Parliamentary Privileges etc.
  • India’s is world’s most dangerous country for journalists – they are exposed to all kinds of violence including police violence, ambushes by political activists, and deadly reprisals by criminal groups.
  • Acquisition of media outlets by oligarchs.

• Second Press Commission chaired by Justice Mathew gave following suggestions in 1982 to promote freedom of press:
  i. Codification of Parliamentary Privileges to prevent its misuse to prevent genuine criticism of a member of parliament or legislative assembly.
  ii. Publication of corruption and improper judicial conduct shouldn’t be punishable.
  iii. The present defamation laws should be amended to bring it in line with the British defamation law of 1952.
  iv. Establishment of the Newspaper Development Commission. The commission will aid and assist the small newspaper agencies. It should also distribute fairly and equitably the government advertisements.
  v. Most of these recommendations are yet to be implemented.
• Telecom Regulatory Authority of India (TRAI) also suggested following measures to promote Freedom of Press in 2014
  i. Bar Political Parties and government departments
  ii. Independent regulator
  iii. Formula to calculate media dominance.
  • It also suggested a formula for calculating media dominance that will likely affect at least some media companies in some markets

iv. Paid news: Both media and payer should be held liable

v. In case of “advertorials”, a clear disclaimer should be mandated, to be printed in bold letters, stating that succeeding content has been paid for.

vi. Long term steps: TRAI said implementing its recommendations would address the immediate purpose of curbing unhealthy media practices, but there is a need for a comprehensive evaluation of the legislative and legal framework in order to establish a robust institutional mechanism for the long term. The authority, therefore recommended that a commission, perhaps headed by retired Supreme Court Judge, be set up to comprehensively examine the various issues relating to the media.

Conclusion1:

Freedom of press is the heart and soul of a democratic society. Therefore, it is high time that government should take steps to release media/press from the shackles which hold it back and hinders its role as the fourth pillar of democracy.

Conclusion2:

Freedom of Expression and Freedom of Information are crucial pre-requisites for democracy. The award of Nobel Peace Prize to Maria Ressa and Dmitry Muratov has underscored the importance of protecting and defending these fundamental rights.