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Freedom Of Press Vis-À-Vis Freedom Of Speech And Expression

– By Apoorva Mishra The strength and importance of media in a democracy is well recognized. Article 19(1)(a) of the Indian Constitution, which gives freedom of speech and expression includes within its ambit also covers freedom of press. The existence of a free, independent and powerful media plays a very important role in the democracy, […]

– By Apoorva Mishra

The strength and importance of media in a democracy is well recognized. Article 19(1)(a) of the Indian Constitution, which gives freedom of speech and expression includes within its ambit also covers freedom of press. The existence of a free, independent and powerful media plays a very important role in the democracy, especially of a highly mixed society like India. Media is not only a medium to express once feelings, opinions and views, but it is also responsible and instrumental for building opinions and views on various topics of regional, national and international agenda. The pivotal role of the media is its ability to mobilize the thinking process of millions.

Freedom of press is not specifically mentioned in article 19(1) (a) of the Constitution and what is mentioned there is only freedom of speech and expression. In the Constituent Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee, that no special mention of the freedom of press was necessary at all as the press and an individual or a citizen were the same as far as their right of expression was concerned.[1]

The framers of the Indian constitution considered freedom of the press as an essential part of the freedom of speech and expression as guaranteed in Article 19 (1) (a) of the Constitution.

Democracy is the rule of the people. A system which has three strong pillars. But as Indian society today has become somewhat unstable on its 3 legs- the executive, the legislature and the judiciary. Therefore, the guarantee of Article 19 (1)(a) has given rise to a fourth pillar- “Media”. It plays the role of a watchdog of the functionaries of society and attempts to attend to the wrongs in our system, by bringing them to the knowledge of all, hoping for correction. It is indisputable that in many dimensions the unprecedented media revolution has resulted in great gains for the general public. Even the judicial wing of the state has benefited from the ethical and fearless journalism and taken suo motu cognizance of the matters in various cases after relying on their reports and news highlighting grave violations of human rights. In such circumstances the media plays a crucial role in not only mobilizing public opinion but bringing to light injustices which most likely would have gone unnoticed otherwise.[2]

However, there are always two sides to a coin. With this increased role and importance attached to the media, the need for its accountability and professionalism in reportage cannot be emphasized enough. In a civil society no right to freedom, howsoever invaluable it might be, can be considered absolute, unlimited, or unqualified in all circumstances. The freedom of the media, like any other freedom recognized under the constitution has to be exercised within reasonable boundaries. With great power comes great responsibility. Similarly, the freedom under Article 19(1) (a) is correlative with the duty not to violate any law.

Every institution is liable to be abused, and every liberty, if left unbridled, has the tendency to become a license which would lead to disorder and anarchy. This is the threshold on which we are standing today. Television channels in a bid to increase their TRP ratings are resorting to sensationalized journalism with a view to earn a competitive edge over the others. Sting operations have now become the order of the day. They are a part of the hectic pace at which the media is evolving, carrying with every sting as much promise as risk. However, technology has its limits. It cannot be denied that it is of practical importance that a precarious balance between the fundamental right to expression and the right to one’s privacy be maintained. The second practice which has become more of a daily occurrence now is that of Media trials. Something which was started to show to the public at large the truth about cases has now become a practice interfering dangerously with the justice delivery system. Both are tools frequented by the media. And both highlight the enormous need of what is called ‘responsible journalism’.[3]

Journalism brings awareness in the society about the democratic and social obligations. Journalists are watchdogs of the society. However, the media is not absolutely free to do whatever seems right to it. Law which regulates the conduct of the State, its institutions and citizens also regulates the media. Like any other profession, journalism is also bound by legal framework. Indian Constitution is the fountain head of laws regulating media in the country

 

[1] Basu, D.D., Law of the Press, Wadhwa Publishers (2002)

[2] Baskhi, P.M., (1985) Press Law: An Introduction, BTRFI Publications

[3]Divan, Madhavi Goradia. (2006) Facets of Media Law. Eastern Book Company Publishing Pvt. Ltd., Lucknow