Freedom of the Press in India: Concept and Laws

This article on ‘Freedom of the Press in India: Concept and Laws’ was written by Mohammed Zaid Alam, an intern at Legal Upanishad.

Introduction

Freedom of the press in India is a constitutionally guaranteed right that allows journalists and media organizations to express their views, report news, and disseminate information without censorship or government interference. This freedom plays a vital role in a democratic society by serving as a watchdog and holding those in power accountable.

The Press Council of India, established under the Press Council Act, ensures journalistic standards and ethics. While there are laws in place to regulate the media, such as the Indian Penal Code, challenges to press freedom persist. Journalists often face threats, violence, and intimidation. Media ownership concentration is another concern that affects diversity and independence in the press.

This article will provide a concise overview of the constitutional protection of freedom of the press in India, the laws that regulate the media including the Indian Penal Code (IPC), and specific legislation such as the Cable Television Networks (Regulation) Act and Information Technology Act. It will also touch upon the challenges faced by press freedom, including threats, intimidation, and violence against journalists. Additionally, important case laws related to press freedom will be discussed.

Constitutional Protection: Article 19(1)(a) of the Indian Constitution

Article 19(1)(a) of the Indian Constitution guarantees Indian citizens the fundamental right to freedom of speech and expression. This provision enables individuals to freely express their thoughts, opinions, beliefs, and ideas through various means, including speech, writing, printing, publishing, and communication. However, it is important to note that this right is not absolute.

The government can impose reasonable restrictions, as outlined in Article 19(2), in the interest of preserving the sovereignty and integrity of India, national security, friendly foreign relations, public order, decency, morality, and contempt of court. The Indian judiciary has played a significant role in interpreting the scope and limitations of this right through landmark judgments, aiming to strike a balance between individual freedoms and the state’s legitimate concerns.

Laws Regulating the Media: Indian Penal Code (IPC)

The Indian Penal Code (IPC) is a comprehensive criminal code in India that defines and punishes various offenses. While it does not specifically regulate the media as a whole, certain provisions within the IPC have implications for media activities. Here are a few relevant sections:

1. Section 499: Defamation – This section deals with the offense of defamation, which includes both slander (spoken defamatory statements) and libel (written or published defamatory statements). It imposes criminal liability for making false and defamatory statements about a person that harms their reputation.
2. Section 500: Punishment for Defamation – This section prescribes the punishment for the offense of defamation. Defamation is a non-cognizable offense, meaning a complaint must be filed by the affected person for initiating legal proceedings.
3. Section 505: Statements conducing to public mischief – This section addresses the offense of making statements or rumours with the intent to incite or create public unrest, enmity, or disharmony. It is often invoked in cases involving hate speech or spreading false information.
4. Section 292: Sale, etc., of obscene books, etc. – This section prohibits the sale, distribution, or public exhibition of obscene materials, including books, films, and other media. It aims to protect public morality and decency.
5. Section 293: Sale, etc., of obscene objects to young persons – This section specifically prohibits the sale, distribution, or public exhibition of obscene materials to individuals who are under the age of 20. It is intended to protect children and young persons from exposure to explicit or harmful content.

Specific Legislation Impacting the Media: Cable Television Networks (Regulation) Act, Information Technology Act

Cable Television Networks (Regulation) Act and the Information Technology Act, both of which have specific provisions that impact the media in India:

Cable Television Networks (Regulation) Act (CTN Act):

The CTN Act regulates the operation and content of cable television networks in India. Some key provisions include:

1. Program and Advertising Codes: The Act lays down guidelines for content aired on cable TV, including restrictions on the transmission of certain types of content that may be offensive, harmful to public morality, or against national interest. It also sets standards for advertising content.
2. Licensing and Registration: The Act requires cable TV operators to obtain licenses from the appropriate authority and comply with the registration process.
3. Cable Television Network Rules: The Act empowers the central government to make rules for the regulation of cable TV networks. These rules cover aspects like transmission standards, registration fees, technical requirements, and more.

Information Technology Act (IT Act):

The IT Act deals with various aspects of electronic communication, including provisions relevant to the media. Key provisions include:

1. Cyber Defamation: The IT Act includes provisions that make defamation in the electronic form an offense punishable with imprisonment and/or fine. It covers defamatory statements made online or through any electronic means.
2. Intermediary Liability: The IT Act establishes a framework for the liability of intermediaries, such as social media platforms, for content shared or hosted on their platforms. It mandates intermediaries to comply with certain due diligence requirements and provides a mechanism for the removal or blocking of unlawful content.
3. Offensive Content: The Act contains provisions that address the transmission or publication of offensive or harmful content, including obscene material, child pornography, and content that is grossly harmful, hateful, or harassing.
4. Digital Signature: The IT Act recognizes and regulates the use of digital signatures, which have legal validity for authenticating electronic records and facilitating secure online transactions.

Challenges to Press Freedom: Threats, Intimidation, and Violence against Journalists

Press freedom is crucial for a functioning democracy, as it allows journalists to investigate, report, and express their opinions freely. However, journalists around the world, including in India, face various challenges that threaten their safety and ability to perform their work effectively. Some of these challenges include threats, intimidation, and violence.

1. Threats: Journalists often receive threats, both online and offline, for their reporting. These threats can come from various sources, including government officials, political groups, organized crime, or individuals with vested interests. Threats can range from verbal warnings to serious threats of physical harm, which can instil fear and hinder journalists from pursuing sensitive stories.
2. Violence: Journalists are sometimes subjected to physical violence, including assault, abduction, or even murder, as a result of their work. This violence can be a direct response to specific investigations or reports that expose wrongdoing or corruption. Such attacks not only harm individual journalists but also create a climate of fear that has a chilling effect on the entire media community.
3. Impunity: One of the major challenges in addressing threats and violence against journalists is the prevailing culture of impunity. In many cases, perpetrators of crimes against journalists are not held accountable, creating a sense of vulnerability and fostering a climate of impunity.

Important Case Laws

Freedom of the press is a vital component of democracy, enabling journalists and media organizations to operate independently and hold those in power accountable. Several significant case laws have influenced the freedom of the press in India. Please note that the information provided here is based on the knowledge available up until September 2021, and subsequent developments may have occurred.

1. Romesh Thappar v. State of Madras (1950): In this landmark judgment, the Supreme Court held that freedom of speech and expression, including the freedom of the press, is an essential aspect of a democratic society. It established the principle that restrictions on this freedom must be reasonable and serve the public interest.
2. Bennett Coleman & Co. v. Union of India (1973): This case emphasized the crucial role of the press in a democracy, recognizing its capacity to inform the public and act as a watchdog. The court affirmed the press’s right to criticize, investigate, and challenge those in power.
3. Indian Express Newspapers v. Union of India (1985): The Supreme Court reiterated the importance of freedom of the press, stating that it has the right to publish information in the public interest. The court emphasized that restrictions on the press must be narrowly drawn, and the government should not misuse its power to suppress dissenting voices.
4. Sahara India Real Estate Corporation v. SEBI (2012): This case recognized the right of journalists to protect their sources of information. The Supreme Court emphasized that compelling journalists to disclose their sources without a compelling reason would have a chilling effect on press freedom.
5. Shreya Singhal v. Union of India (2015): In this landmark judgment, the Supreme Court struck down Section 66A of the Information Technology Act, which criminalized online posting of offensive or harmful content. The court ruled that this provision was vague, overbroad, and violated the right to freedom of speech and expression, including the freedom of the press.

Conclusion

In conclusion, freedom of the press is a fundamental pillar of democracy, enabling journalists to report and express their opinions freely. However, journalists in India face challenges such as threats, intimidation, and violence that hinder their ability to work without fear. To protect and promote press freedom, the Indian government should prioritize the safety of journalists, strengthen legal frameworks, combat impunity, promote media literacy, and foster international cooperation. These measures are essential to uphold a vibrant and independent media sector, crucial for a healthy democracy.

References

• Saumya Krishnakumar, Freedom of the Press, 4(2) Freedom of Press (2021)
• Freedom of Press in India, Drishti IAS, 11 June 2022, available at: https://www.drishtiias.com/blog/freedom-of-press-in-india
• Anubhav Garg, The fourth pillar of Indian Democracy: Freedom of the Press, iPleaders Blog, 5 June 2020, available at: https://blog.ipleaders.in/the-fourth-pillar-of-indian-democracy-freedom-of-the-press/