Freedom of Press in India

Are journalists in India safe? Is India good for journalism? In 2022, India was listed under countries considered 'bad' for journalism making it the most dangerous places in the world for journalists. This can be seen by the consistently declining performance of India in the World Press Index. Therefore, it is important to ensure freedom of press in India but with reasonable restrictions. How to ensure this? What are the cases in which the press violated its freedom? Read the article to know this and many more. Let’s get started.

Freedom of Press under Indian Constitution

Freedom of the press is a fundamental right elucidated in the Indian Constitution that guarantees all citizens the freedom of speech and expression under Article 19. India’s press has a long history of being a pillar of democracy, perhaps the fourth pillar. Its freedom is crucial to the functioning of a democratic society. But, the freedom of the press in India is not without its challenges and limitations.

It’s obvious that press in India enjoys a significant degree of freedom under Article 19(1) of the Indian Constitution, but nothing can be absolute so, in order to prevent any misuse of power, several restrictions has been imposed by the government. One such important limitation to the right to freedom of expression and speech, is that it must be:

1. In the interests of the sovereignty and integrity of India

2. Security of the State

3. Friendly relations with foreign States, public order, decency or morality

4. In relation to contempt of court, defamation, or incitement to an offense. 

So, the Constitution guarantees the freedom of the press in India but with reasonable restrictions. Some of the reasonable restrictions on the freedom of the press in India include: 

1. Defamation: The press cannot publish any material which defames or harms the reputation of any individual or organization.

2. National Security: The press cannot publish any material that poses a threat to national security or sovereignty, or that could cause public disorder or incite violence. 

3. Public Order: The press cannot publish any material that could lead to a breach of public order or disturb public tranquility. 

4. Morality: The press cannot publish obscene, vulgar, or offensive material to public decency and morality. 

5. Contempt of Court: The press cannot publish any material that is contemptuous of any court or judge. 

Importance of freedom of press in India

India has various laws intact to regulate the press, such as the Indian Penal Code, the Contempt of Courts Act, the Press and Registration of Books Act, and the Cable Television Networks Regulation Act. These laws are intended to ensure that the press does not engage in activities that are against to the interests of the state, society, or individuals. 

Media ownership is another problem with the freedom of press. Most of the media outlets in our country are owned by large corporations that can influence the content and editorial policy of the media, thus leading to biased flow of information. There have also been many cases of government censorship of the press in India. 

Here are few of incidents in which media had either been criticized or appreciated.

1. Sanjay Dutt Case- After the Supreme Court sentenced Sanjay Dutt to 5 years imprisonment because of his involvement in the 1993 Mumbai Serial Blast. As he was a renowned actor, his case was highlighted by the media to an extent where his image was protrayed as a terrorist, which the Court later held that he was not accused of those charges. 

2. Sheena Bohra Murder Case- In 2012 Indrani Mukerjea was arrested for the murder of Sheena Bora, her daughter, not the sister as claimed by Indrani Mukerjea. The media highlighted the case very nicely but Indrani never accepted that she had two children and was stuck to her statement claiming her as a sister even after her arrest. 

3. Jessica Lal Murder- In 1999, Jessica Lal, a model who turned barmaid working in a restaurant was shot dead by Manu Sharma, son of Congress former Union Minister, Venod Sharma after Jessica refused to serve liquor. Media took to action and gave full coverage to this case. Though Manu was acquitted initially in 2006, the Delhi High Court sentenced him to life imprisonment.

4. The Tikku, Kakkar double murder case- A very sensational case where two Delhi residents were murdered by a money-crazy criminal and his female associate. In 2012, this double murder case got highlighted on TV and newspaper headlines as one of the most chilling murder mysteries showing a serial killer in recent times in India. The killer was arrested for the murders of Tikku and Kakkar & finally given life sentence.

5. The Delhi rape case- The brutal gang rape on the night of December 2012 by the driver & six men on the bus was one of the most gruesome incidents that anyone could have imagined. Since the laws in India do not permit the press to reveal the name of the victim, the victim gained popularity by the name Nirbhaya via media, meaning “fearless”. This incident inflamed extensive national and international coverage with multiple protests being held & resulting in the amendment of criminal laws in India, 2013 criminal law amendment.

What affects the freedom of press?

• The Emergency period of 1975-77 is mostly remembered for the suppression of the press and the imposition of strict censorship laws. Similarly, even these days there have been instances where the government has blocked websites etc. in the name of national security or public order. 

• Secondly, the factor that has affected the freedom of the press in India is violence against journalists. India has been ranked poorly in the World Press Freedom Index, with many cases of journalists being targeted or harassed for their reporting. Examples: murders of Gauri Lankesh, Shujaat Bukhari, and other journalists have highlighted the risks faced by journalists. 

Despite so many challenges, media has also demonstrated its commitment to the free speech and expression. Media has played a significant role in exposing corruption, malpractice, and other forms of wrongdoing by individuals in power. 

Whether there has been instance of violation by press? 

Yes, there have been many instances where the press has violated their freedom. For instance, there have been cases where media houses have published news stories that were inaccurate plus they were also accused of bias and of serving the interests of their owners or political affiliations. Fake news and information going viral through social media platforms is another growing concern. 

The only way such things can be tackled is if the journalists and media houses uphold the highest standards of journalistic ethics and professionalism to ensure credibility and integrity of the press. 

Landmark Cases on Freedom of Press

There have been several landmark cases in India that have upheld the freedom of the press & are now important precedents for the safeguard of this fundamental right. These are:

1. Romesh Thapar vs. State of Madras (1950): This was the first case to test the limits of freedom of the press in India wherein SC held that the state government's ban on the publication of a magazine called Cross Roads infringed the right to freedom of speech and expression under Article 19(1)(a) of the Constitution. 

2. Brij Bhushan vs. State of Delhi (1950): In this case, the Supreme Court held that the press has the right to criticize and comment on the government actions and public officials, as long as it does not amount to defamation or incitement to violence. 

3. Bennett Coleman & Co. vs. Union of India (1972): The principle was established in which the government cannot impose prior restraints on the press unless it is necessary to prevent a clear and present threat to national security or public order.

4. Indian Express Newspapers vs. Union of India (1985): The Supreme Court in this case held that the freedom of the press includes the right to withhold information that may be harmful to national security or public interest, as far as there is a reasonable basis for such withholding.

5. Sahara India Real Estate Corporation Ltd. vs. SEBI (2012): In this case, the Supreme Court held that the press has the right to report on matters of public interest, even if it may harm individuals or corporations reputation. 

These are the prime cases over others which have played a crucial role in upholding the freedom of the press in India and establishing important precedents for the protection of this fundamental right.