Need For Laws Protecting Rights Of Media
ABSTRACT
Media is that medium due to which we can be acquainted with what is going on in the entire earth. It is the instrument of storing or communicating information . Addressed as the ‘Fourth Estate’ , media is the watchdog of the public affairs , informing the society? and vice versa , acts as the forum to advocate the views of the society at large , which are at the top of the public issues . There are many laws that regulate the performance of media in India . Laws related to the mass media have been there since very beginning . In the time of British Raj , many laws related to the Press were portrayed. In the post – Independence time , the various government have executed many more media related laws . Media being a very powerful influence on the society is regulated and controlled by various legislations enacted from time to time . Yet there is a worrying global trend of government unjustifiably limiting freedom of speech , targeting journalists , protesters and other persons considered to be dissenting from government views and leads to the reason for the birth of some questions : Are the rights of the media reserved ? Is there a need for the legislation to protect the rights of media ? There is often confusion regarding the classification of the news media. Is it a ‘business thunder’ under Article 19(1)(g) of the Constitution of India , or an activity deserving protection under Article 19(1)(a) as a right to freedom of speech and expression ?
Authority of Indian Press and Media
Freedom of press is the freedom of communication and expression through vehicles including various electronic media and published materials. While such freedom mostly implies the absence of interference from an overreacting state , its preservation may be sought through Constitution or other protection .
Freedom of media is indeed an integral part of the freedom of expression and essential requisite of a democratic setup . The Indian Constitution has granted this freedom by way of minimum standards and do not intend to detract from higher standards of protection to the freedom of expression .
‘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.B.R 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’.
To preserve the democratic way of life it is essential that people should have the freedom to express their feelings and to make their views known to the people at large.?
The press , a powerful medium of mass communication , should be free to play its role in building a strong viable society. Denial of freedom of the press to citizens would necessarily undermine the power to influence public opinion and be counter to democracy.?
Constitutional provision:
The Indian Constitution does not provide freedom for media separately. But there is an indirect provision for media freedom. It gets derived from Article 19(1)(a). This Article guarantees ‘Freedom of Speech and Expression’. The freedom of mass media is derived indirectly from this Article. Article 19 of our Constitution deals with the right to freedom and it enumerates certain rights regarding individual freedom of speech and expression etc. These provisions are important and vital, which lie at the very root of liberty.
Unlike , the U.S. Constitution , the Indian Constitution does not expressly provide freedom of press.
The freedom of press means freedom from interference from authority which would have the effect of interference with the content and circulation of newspaper. The Article 19 (1)(a) of the Constitution is subject to certain restrictions laid down in Article 19 (2) of the Constitution.?
The right to express opinion freely is critical in democracy . Intellectuals have long championed it as a gateway to other liberties , positing that curtailment of free expression inevitably leads to restrictions on other rights such as right to be informed. This right , however is confused and equated with the necessity to overlook the media as a? business (falling under Article 19 (1)(g)) , which is fundamentally flawed. The rights of a citizen and the rights of a business owner fall under different baskets and contours , and cannot be considered the same .?
However , the Indian news press enjoys two – fold protection , namely the freedom of speech and expression guaranteed under Article 19 (1)(a) and the freedom to engage in any profession , occupation , trade , industry or business , guaranteed under Article 19 (1)(g) . Problems arises when Article 19 (1)(a) and (g) are read to be one and the same and even the oversight and restrictions in the interest of the ‘general public’ contemplated under Article 19 (6) are ignored because if this confusion .
Significance of Media?
The media is the “Fourth Limb” of a democratic system , the legislature , executive and judiciary being the other three . While legislature prepares the law for the society and the executive takes steps for implementing them , the third stepping stone is the judiciary , press has to operate within the framework of these statues and constitutional provision to act in public and national interest . This is indicative of the fact that nobody is above the law .
Media has played a significant role in establishing democracy throughout the world. Since the 18th century , the media has been instrumental in reaching the masses and equipping them with knowledge , especially during the ‘American Independence Movement’ and ‘French Revolution’ .
It became a source of information for the citizens of colonial India, as they became aware of the arbitrariness of the British colonial rule. Thus , gave a newfound force to ‘India’s Independence Movement’, as millions of Indians joined the leaders in their fight against the British imperialism.
Status of Liberty of Press and Media in India
Liberty of press and media in India remains a risky pursuit. The status of freedom of press is the same as that of an ordinary citizen . The press cannot claim any immunity from taxation , is subject to the same laws regulating industrial relations , and press employees are subject to the same laws regulating industrial employment.?
In? Ramesh Thapar v/s State of Madras, Patanjali Shashtri , CJ, observed that “Freedom of speech and of the press lay at the foundation of all democratic organization, for without free political discussion no public education , so essential for the proper functioning of the process of popular government is possible”. In this case , entry and circulation of the English journal “Cross Road” , printed and published in Bombay , was banned by the government of Madras . The same was held to be violated of the freedom of speech and expression , as ‘without liberty of circulation , publication would be of little value’.
The Hon’ble Supreme Court observed in Union of India v/s Association for Democratic Reforms , “One – sided information , disinformation , misinformation and non information , all equally create a uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinion”.?
In Indian Express Newspaper v/s Union of India , it has been held that the press plays a very significant role in the democratic machinery . The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom. Freedom of press has three essential elements . They are :
There are many instances when the freedom of press has been suppressed by the legislature. In Sakal Papers v/s Union of India , the Daily Newspapers (Price & Page) Order , 1960, which fixed the number of pages and size which a newspaper could publish at a price was held to be violated of freedom of press and not a reasonable restriction under Article 19 (2).?
Similarly, in Bennett coleman and Co. v/s Union Of India, the validity of Newsprint Control Order , which fixed the maximum number of pages, was struck down by the Court holding it to be violative of provision of Article 19(1)(a) and not to be reasonable restriction under Article 19(2). The Court also rejected the plea of the government that it would help small newspapers to grow.
India ranks 13th among countries where journalists are murdered and their killers go free, according to the ‘Committee to Protect Journalists’ 2019 Global Impunity Index . It has been on the index for the last 12 years .?
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“The freedom of journalist is an ordinary part of the freedom of subject and to whatever length , the subject in general may go , so also may the journalist, but apart from statute law his privilege is no other and no higher. The range of his assertions , his criticisms or his comments is as wide as , and no wider than that of any other subject”.
International Scenario of Media and Press
Article 19(1)(a) draws inspiration from the First Amendment to the United States Constitution . A key difference is that in the US Constitution freedom of the press is explicitly safeguarded. In the US , free speech can be restricted through defamation laws or because of national security concerns , but the courts have allowed the press much leeway when discussing and criticizing issues pertaining to public life .
Famously , in New York Times Co. v Sullivan , the Supreme Court of the United States said that ‘discussing the stewardship of public officials’ was fundamental to their form of government. A strong line was taken against behavior that threatened free speech for the sake of offended politicians. Censorship of the press was antithetical to the American way of life envisioned by the founding fathers of that nation , who believed that ‘the censorial power is in the people over the government , and not in the government over the people’.
UDHR:
The United Nations,1948, Universal Declaration of Human Rights (UDHR) states that : “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference , and to seek , receive , and impart information and ideas through any media regardless of frontiers”.
Restrictions on Media
The law known as ‘The SCMR Law’, creates a media regulatory restriction plan that allows the government authorities to be able to block the content and those who want to be able to product content , or be able to publish a website , have to obtain a license.
Although virtually every state has a law protecting reporters from having to disclose to law enforcement sensitive information about their reporting , including the identity of confidential sources , some federal courts have refused to recognize such a privilege . As a result reporters have been subpoenaed by prosecutors to disclose confidential sources , and they face jail time if they refuse.
Regulation of Media in India
Media in India is mostly self – regulated. The existing bodies for regulation of media such as the Press Council of India which is a statutory body and the News Broadcasting Standards Authority, a self – regulatory organization, issue standards which are more in the nature of guidelines. Recently, the Chairman of the Press Council of India, former justice of the Supreme Court, Mr. M. Katju, has argued that television and radio need to be brought within the scope of the Press Council of India or a similarly regulatory body.?
The Press Council of India (PCI) was established under PCI Act of 1978for the purpose of preserving the freedom of press and of maintaining and improving the standards of newspapers and news agencies in India .
Is the press free to write what it wants ?
The freedom of the press is an important concept in considering the role of media in all aspects of the society. It is a necessary condition for the media to be effective in carrying out their functions. The right to press freedom warrants the media the right to determine the form which their programmes will assume, as well as the appropriate form of reporting (Jacobsen , 2008). Article 19 guarantees press freedom, but , authors such as Becker and Vlad (2009:65) argue that the concept of press freedom is controversial because it is unclear to ascertain the meaning of press freedom in terms of ‘freedom from what and freedom for whom?’
The concept is not explicitly defined (Merrill 2009:10; Fleshman, 2005). For Merrill, going by the First Amendment to the U.S Constitution , which states that ‘(congress) will make no laws to abridge freedom’, no clear instances were given of what constitute the press, or what the press is not. He notes that the ‘American Model’ of press freedom which could be seen as freedom from government interference, has come the dominant model from the globe. Whitten-Wood (2009) gives a comprehensive checklist of what constitutes ‘free media’ which has been subsumed into four major indicators : the legal, political, economic and professional environments. Thus a free press is a necessary condition for the exercise of human rights.?
Is the press free in reality? The press apart from being autonomous and independent of government (in most democratic countries) is often not free from interference by corporate powers , advertisers , civil press groups, publishers and editors, and these are seldom taken into account (Apodaca, 2007:10). For instance, Burton (2005:54) while commenting on the sources of income for media outfits, notes that the BBC could be said to be independent of market forces only in principle, but not in reality because it derives its income from license free paid by television owners.
Urgency for Conservation of Media
As we all know media is an important part of our lives but there are some people whose opinion differs because media tends to bring transparency and sometimes it is not good for people . Freedom of press is a fundamental right that government itself cannot violate but still it is the most violated right.
There have been constant press freedom violation including abuses by political leaders , threats from criminal groups, police violence or threats by corrupt local official. Journalism has become one of the most dangerous profession to practice in India.
There were prominent journalists like Gauri Lankesh, Narendra Dabholkar, M.M Kalburgi and Shujaat Bhukhari who have paid the ultimate price for uncovering the truths. From 2000,more than 64 journalists have killed on duty. Uttar Pradesh holds the distinguished place with the highest number of journalists killed since year 2000.?
Hence , to maintain the uniformity and transparency of Indian Democracy. The government should make effective laws and provision for protection of media.
Maharashtra : The only state with a law for safeguard of media
The Maharashtra is the first state to pass a bill Maharashtra Media Person and Media Institutions. (Prevention of violence and damage or loss to property )Bill,2017,one of the first law in the country which ensures protection for journalists. The Bill was passed by Devendra Fadnavis Government and recommends punishment upto 3 years and fine upto Rs. 50000 or both in case of attack on media persons on duty. Acts of violence against media persons will be treated as cognizable, non-bailable and cases under this law will be investigated by an officer not below the rank of DySP/ACP.
My Perspective
In today’s time , there is an immense urgency of laws to protect the rights of media. The risk factor in the profession of journalism is rapidly increasing. They face violence and intimidation for practicing their fundamental rights. They range of threats they are getting include kidnapping , murder, online harassment ,forced detention and torture. As they are working for the good of society ,hence they must be protected against crimes. One cannot imagine a profound democracy without Media.
Increasingly journalist ,especially women journalists are facing defamation, abuse, cyber bullying , trolling, public shaming and threats . There is a need for effective laws for protection of media and journalists.?
The efforts of Maharashtra Government is appreciated and other states should also take initiative to make such laws which are in interest of journalism.