Introduction
"The freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments." – George Mason
India is known as the largest democracy in the world yet it struggles with press freedom. India ranked 159 out of 180 countries in the World Press Freedom Index, 2024 which is published by Reporters Without Borders. The concerning fact is that India ranked 129 in 2003. This decline raises significant concerns about the state of press freedom in a country that prides itself on democratic ideals. The more disconcerting is India's position behind nations like Sri Lanka (150) and Pakistan (152). The press or media is the fourth pillar of the democracy and its freedom is necessary to maintain the spirit of democracy in the country.
In India, Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression which include freedom of press as held in the Romesh Thappar v. State of Madras. However, the freedom is not absolute as article 19(2) impose reasonable restrictions on freedom of speech and expression, which are often misused to suppress dissent and uncomfortable truths. The uncensored media is necessary for the proper check and balance of power in the country. The truth needs to be uncovered otherwise there will be abuse of power.
This blog explores the historical evolution of press freedom, the numerous challenges it faces in the present day, and proposes solutions to ensure that the press in India fulfils its role as the fourth pillar of democracy.
Evolution of Press Freedom in India
The struggle for press freedom in India is not a new concept but has deep roots in the colonial era. During this period, the press faced severe restrictions which were made to suppress dissent and maintain British control. The Licensing Act of 1857 is one example, which gave the British government power to regulate the publication and circulation of printed material. This act was seen as a tool to curb flow of uncensored information. Moreover, the Vernacular Press Act, 1878 was implemented to silent dissent and control growing nationalism during that time. Despite these harsh measures, the press remained a powerful tool in India's independence movement. It served as a platform to expose the injustices of colonial rule, foster unity among diverse communities, and inspire collective action.
The Constitution of India does not explicit recognise the freedom of press unlike the U.S. Constitution under article 19(1)(a). However, the Supreme Court in the landmark judgment of Romesh Thapar v. State of Madras, upheld the freedom of press and emphasized the importance of free speech as the foundation of a democratic society. Therefore, the court struck down the Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 for the violation of art. 19(1)(a) of the Constitution. Furthermore, the pre-censorship was also held to be restraint on press freedom in year 1973 in the case of Brij Bhushan v. State of Delhi.
The Press Council Act, 1978 established the Press Council of India (PCI), a statutory body which protects the freedom of press and maintain quality journalism in the country. However, it faces many limitations such as its jurisdiction is limited to print media, leaving electronic and digital platforms unregulated under this framework.
The judiciary has shown judicial activism in protecting the press freedom in the country through delivering various judgments. In case of Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India, the Supreme Court held that there cannot be any interference with the freedom of press in the name of public interest. The court emphasised that freedom of press is the heart of social and political intercourse.
Moreover, in the case of Manohar Lal Sharma v. Union of India, the Supreme Court pointed that there is intrinsic connection between right to privacy and freedom of speech. The violation of privacy results into self-censorship. The court further highlighted that the threat of surveillance is a major factor which undermines the press which is a fourth pillar of democracy. Thus, journalists require an environment free from illegal surveillance to report the news without any fear or undue interference.
Challenges to Freedom of Press in Contemporary India
- Censorship and Government Interference: In India, censorship is the primary reason which leads towards curtailment of truth and transparency. Moreover, the situation is exacerbated with the undue government interference through different laws. Therefore, many media persons have faced the charges on sedition and UAPA (Unlawful Activities (Prevention) Act for reporting the controversial news. For example, Siddique Kappan, a journalist was arrested on his way to report the Hathras gang rape case under the Unlawful Activities Prevention Act (UAPA) and Prevention of Money Laundering Act, 2002 (PMLA). Moreover, acts such as the Official Secrets Act restrict the journalism in the country. Therefore, the narrative is polarized in nation either it is pro-government or anti-government.
- Corporate Control and Political Influence: The Corporate houses exercise significant control over the media houses as the Adani Enterprises has the 64.71% holdings of the NDTV. A 2019 report showed that Reliance has controlled 72 television channels across India. This led to concentration of press in the country. Moreover, there are no rules and regulations in India governing such cross-holdings. The Political parties often purchase and influence narratives in the country such as Godi Media. Thus, all of this undermines a journalist's independence over reporting.
- Threat to life of Journalists: In India, journalists often face violence in the form of kidnapping, murder, and harassment. According to the data released by the Committee to Protect Journalist (CPJ), 31 journalists were killed in India. For instance, the grave violences faced by journalists was highlighted due to brutal murder of Gauri Lankesh in 2017, which shocked the nation and several criticism was faced by political figures. The situation is growing worse as recently a young independent journalist Mukesh Chandrakar was brutally murdered in Bastar, Chattisgarh for exposing the corruption involved in the road construction. These incidents lead to self-censorship among journalists in the fear for their lives. Thus, leads towards damaging the freedom of the press and the ability of the media to function as an independent check on power.
Conclusion and Suggestions
The freedom of press is a fundamental right under the article 19(1)(a) which allows media persons to report the uncensored news and criticise the government. However, journalist and media persons face several challenges and threats while exercising their profession. Therefore, to improve the situation of press freedom, certain measures are to be adopted. First the implementation of the recommendation of the Justice J.S. Verma Committee (2012), the Press Council of India, and the National Human Rights Commission that the journalist must have training in legal and ethics to maintain transparency and accountability. Second, stricter laws and regulations should be enacted to protect journalists from harassment, and intimidation. These measures will promote fearless and independent journalism. Thus, the independent press rebuilds public trust and uphold the integrity of the nation.
References:
- https://www.thehindu.com/data/india-press-freedom-has-rapidly-declined-in-recent-years-data/article68160411.ece
- https://www.thehindu.com/opinion/op-ed/the-perilous-life-of-the-district-journalist-in-india/article69073108.ece
- https://timesofindia.indiatimes.com/blogs/blackslate-corner/part-ii-the-evolution-of-the-indian-press-a-pillar-of-resistance-in-colonial-and-nationalist-struggles/
- https://www.thehindu.com/news/national/andhra-pradesh/my-life-continues-to-be-an-open-jail-kerala-journalist-siddique-kappan/article67786225.ece
- https://www.downtoearth.org.in/governance/the-corporate-takeover-of-india-s-media-95981
- https://www.drishtiias.com/daily-updates/daily-news-editorials/press-freedom-in-india-challenges-and-strategies
- Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC 641
- Brij Bhushan v. State of Delhi, 1950 SCC 449
- Manohar Lal Sharma (Pegasus Spyware) v. Union of India, (2023) 11 SCC 401
- Romesh Thappar v. State of Madras, 1950 SCC 436
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
