T
The press [is] the only tocsin of a nation. [When it] is he press [is] the only tocsin of a nation. [When it] is completely silenccompletely silenced... all means ofed... all means of a general effort [are] taken away
a general effort [are] taken away." --Thomas ." --Thomas JeffersonJefferson Introduction
Introduction
The freedom of speech and expression has been characterised as “the very life of civil The freedom of speech and expression has been characterised as “the very life of civil lib
liberterty” y” in in the the ConConstistituetuent nt AAssssembembly ly DeDebatbateses. . ThThe e frefreedoedom m of of the the prepress ss !hi!hile le notnot reconised as a separate freedom under #undamental $ihts is folded into the freedom of reconised as a separate freedom under #undamental $ihts is folded into the freedom of speech and expression.
speech and expression. The %upreme Court
The %upreme Court has described this freedom as the “ar& of the has described this freedom as the “ar& of the covenant of democracy”.covenant of democracy”. The freedom of the press serves the larer purpose of the riht of
The freedom of the press serves the larer purpose of the riht of the people to be informedthe people to be informed of a broad spectrum of facts vie!s and opinions. 't is the medium throuh !hich people of a broad spectrum of facts vie!s and opinions. 't is the medium throuh !hich people ai
ain n acaccescess s to to ne! ne! infinformormatiation on and and ideideasas an an essessentential ial comcomponponent ent of of a a funfunctictionioninn democracy
democracy. Thus “the survival and flo!erin of 'ndian democracy o!es a reat deal to . Thus “the survival and flo!erin of 'ndian democracy o!es a reat deal to thethe freedom and viour of our press.” The media is vital in the role it plays in uncoverin the freedom and viour of our press.” The media is vital in the role it plays in uncoverin the truth and rousin public opinion especially in the face of !rondoin and corruption. truth and rousin public opinion especially in the face of !rondoin and corruption. (umerous
(umerous examples examples exist exist !here !here the the media media has has played played a a central central role role in in revealin revealin corruptcorrupt practices and sh
practices and shapin the demand for acapin the demand for accountability and ood ovecountability and ood overnance.rnance. The History Of Media
The History Of Media
The history of media in 'ndia dates bac& to
The history of media in 'ndia dates bac& to Kautilya’s ‘Kautilya’s ‘ Arthashastra Arthashastra’.’.The )uslim rulersThe )uslim rulers brouht into effect
brouht into effect a system by appoia system by appointin a *+ntin a *+a,aya (a,aya (avis avis events reporter/ in events reporter/ in everyevery *%uba capital
*%uba capital..#or the common people #or the common people ne!s !as circulated by proclamations and throuhne!s !as circulated by proclamations and throuh !ord of mouth. 't !as in
!ord of mouth. 't !as in the 01th century thatthe 01th century that Christian missionariesChristian missionaries first brouht the first brouht the printin press to 'ndia
printin press to 'ndia. 'ndias . 'ndias first ne!spapfirst ne!spaper and the first priner and the first printed !ee&ly appeareted !ee&ly appeared ond on 23th
23th 4anuary 4anuary 0567 0567 ..
James Augustus Hicky
James Augustus Hicky brouht out the brouht out the first issue of thefirst issue of the Bengal Gazette Bengal Gazette’’ or or
**Calcutta General Advertiser’ Calcutta General Advertiser’ . 't . 't constituted of ten paes only. The paper !as opposed toconstituted of ten paes only. The paper !as opposed to the 8ast 'ndia Company. 't stronly upheld the
the 8ast 'ndia Company. 't stronly upheld the liberty of the press. The second liberty of the press. The second ne!spaperne!spaper of 'ndia !as the
of 'ndia !as the Indian Gazette Indian Gazette established in (ovember 0567. 9radually in established in (ovember 0567. 9radually in #ebruary#ebruary 056: !ere published the
056: !ere published the Calcutta GazetteCalcutta Gazette andand Oriental Advertiser Oriental Advertiser . 'n 056; came the. 'n 056; came the Bengal ournal
Bengal ournal and theand the !riental "agazine!riental "agazine and theand the Calcutta Amusement Calcutta Amusement !hich !as the !hich !as the first monthly publication.2: 'n 0561 came the
first monthly publication.2: 'n 0561 came the Calcutta chronicleCalcutta chronicle in 056; $ichard in 056; $ichard Johnsten started the
Johnsten started the "adras Courier "adras Courier . <oyd came out !ith *. <oyd came out !ith * #irkaru #irkaru’’ in 053=. T!o yearsin 053=. T!o years later
later "adras Gazette "adras Gazette appeared.appeared.
The first 8nlish ne!spaper in <ombay !as
The first 8nlish ne!spaper in <ombay !as thethe Bom$ay #erald Bom$ay #erald !hich appeared in !hich appeared in 0563. 'n
0563. 'n 0537 >u&i Ashburner bean the0537 >u&i Ashburner bean the om!ay Courierom!ay Courier and in 0530 and in 0530 appeared theappeared the Bom$ay Gazette
Bom$ay Gazette.. After 0537 there erupted lot of ne!s papers and 053: sa! the After 0537 there erupted lot of ne!s papers and 053: sa! the ** Asiatic Asiatic Mirro
Mirror’ r’ the the ‘Indian World’ ‘Indian World’ * *The Calcutta Courier’The Calcutta Courier’ and the *and the * Bengal Harkaru’ Bengal Harkaru’ in 053; andin 053; and the *
the *TelegraphTelegraph and the * and the *Oriental tar’Oriental tar’ in 0536. 'n 0563 9overnor 9eneral +ellesleyin 0536. 'n 0563 9overnor 9eneral +ellesley came to 'ndia and !as anry by
came to 'ndia and !as anry by an article in the *an article in the * Asiatic "irror% Asiatic "irror% .. Therefore he issued Therefore he issued notorious reulations in 0537 for the control of
't contained several elements such
as?-0/ 8very printer of a (e!spaper to print his name at the bottom of the paper.
2/ 8very editor and proprietor of a ne!s paper to deliver his name and place of abode to the %ecretary to the overnment.
=/ (o paper to be published on %unday.
:/ (o paper to be published at all until it shall have been previously inspected by the secretary to the overnment.
The Bengal Gazette of "#"$ !as a landmar& as for the first time a paper !as brouht out by an 'ndian. The 'ndian !as 9anadhar <hattachar4ee a votary of $a4a $am
)ohan $oys liberal ideas. Durin the period of >ord +arren @astins in 0606 the
Department of Censor of (e!spapers !as abolished by him. @e instead laid do!n certain restrictions on editors such as ne!spapers !ere not allo!ed to publish matters relatin to?-0/ 9overnment of 'ndia or offensive remar&s leveled aainst the public conduct of the members of the council of Judes of the %upreme Court or the >ord <ishop of Calcutta. 2/ @avin tendency of any intended interference !ith the reliious opinions.
=/ rivate scandals and personal attac&s on individuals tendin to excite discussion in society.
>ater $a4a $am )ohan $oy started the first 'ndian lanuae ne!spaper in <enali and ersian. 'n 0327 he used the 8nlish <rahaminical aaBine in Calcutta to spread his reformative ideas. >ord +illiam Charles )etcalfe alon !ith )acaulay played an
important role in the freedom of the press. >ater he introduced the Act > of 06=; !hich repealed many earlier Acts imposin restrictions. >ord Cannins Act of 06;5 reintroduced licensin !hich applied to all &inds of publications. This ave the overnment
discretionary po!er to rant and revo&e licenses. This !as rihtly called the *9ain Act.
The 'ndian enal Code came in 0617. 't laid do!n offenses li&e obscenity and defamation !hich the !riters and editors are liable to commit. >ater throuh amendments other
offences !ere also added.After 06;5 some of the !ell &no!n 8nlish periodicals !ere 9.A. (atesans * Indian !evie"’# %achidanand %inhas * Hindustan !evie"’ $amanand Chatter4ees * Moder !evie"’ and Te4 <ahadur %aprus *T"entieth Centur$’ . The politically oriented maaBines of the preindependence era !ere <al 9anadhar Tila&s * %esari’ and * Mahratta Annie <esants *Co&&on"eal’# Abul alam ABads ‘Al'Hilal’ )ahatma 9andhis *(oung India’ and ‘Hari)an’ >ala >a4pat $ais * *eople’# (atra4ans ‘Indian ocial !e+or&er’ and <al rishnan <hats ‘Hindu *radeep’.There !ere many other important 4ournals in the vernacular lanuaes and some of them !ere * ,igdarshan’and ‘Gn$anprakash’ in marathi * Anandniketan’ and * %alhi in Tamil * Bis"in adi’ and
*ha&a’ in Erdu * Asha and *a&a)’ in Friya * %rishapatrika’ * Andhra *ra-ha’ Andhra *atrika and * Andhra $oti’in Teleu.
$euters sent a representative to 'ndia in 0611 to cover business developments in 'ndia. .C. $oy an 'ndian Journalist in the first decade of the 27th century decided to
establish an 'ndia ne!s aency. @e alon !ith t!o other <ritish 4ournalists founded the Associated *ress o+ India A'/. %oon $oy bro&e a!ay and formed the *ress /e"s Bureau
0ree *ress o+ India #'/ in the 03=7s !hich later ot shut do!n and from it emered the 1nited *ress o+ India E'/ in 03==. $euters introduced tele-printer in 03=5 !hich brouht do!n the subscription rates and made ne!s available to small ne!spapers also.
After independence the 'ndian interest of $euters !as bouht over by the 'ndian G 8astern (e!spaper society. This formed the *ress Trust o+ India T'/. T' entered into an areement in 03:3 for purchase of $euters ne!s and sale of 'ndian ne!s to the <ritish Aency. >ater in 03;3 it made arranements !ith Aence #rance resse A#/ and the Enited ress 'nternational E'/. >ater E' !as shut do!n in 03;6 and T' !as the only bi ne!s aency in 'ndia.=2 The press suffered a lot under the 9ain Act. The act
provided?-0/ The &eepers of printin presses shall ma&e a declaration before a maistrate.
2/ The printer and the publisher shall ma&e a declaration !ith a precise description of the premises !here the printin of the publication is conducted.
=/ The printer shall deliver free of expense to the overnment t!o copies of each issue of the ne!spaper. The press and reistration of the <oo&s Act !as passed in0615 !hich !as to reulate printin presses and ne!spapers.
+ith independence the Constitution of 'ndia under Article 030/a/ ave the fundamental riht of freedom of speech and expression thus reconiBin the importance of media in a democratic overnment. The Apex court has been in the forefront to protect this riht as Can be seen throuh their decisions. 'n )arch 03;7 the Chief Commissioner of Delhi issued an order under section 50/ c/ of the 8ast un4ab ublic %afety Act 03:3 to the *Organi2er =:. 't !as stated that this 8nlish !ee&ly of Delhi has been publishin hihly ob4ectionable matters constitutin a threat to public la!. Therefore the press authorities !ere re,uired to submit for scrutiny all communal matters and ne!s and vie!s about a&istan to the above authority. The Court held that the imposition of pre-censorship on a 4ournal by the overnment is a restriction on the freedom of press and struc& the order
do!n. %imilarly the need to have a free press !as emphasiBed by Justice atan4ali %astri !ho observed?“#reedom of speech and expression of the press lay at the foundation of all democratic oraniBations for !ithout free political discussions no public education so essential for the proper functionin of the process of popular overnment is possible. A freedom of such amplitude miht involve ris&s of abuse. <ut the framers of the
Constitution may !ell have reflected !ith )adison !ho !as the leadin spirit in the preparation of the #irst Amendment of the #ederal Constitution that it is better to leave a
fe! of its noxious branches to their luxuriant ro!th than by prunin them a!ay to in4ure the viour of those yieldin the proper fruits .” The Court stated this and struc& do!n the notification !hich banned the entry into or circulation sale or distribution in Chennai of the ne!spaper “Crossroads”.The extent of this freedom of press !as further broadened and the Apex Court extended it beyond the eoraphical boundaries in Maneka Gandhi v.
1nion o+ India. The Court propounded that preventin anyone from oin abroad to
communicate his ideas or thouhts !ould be direct interference !ith the freedom of speech and expression.>ater the Apex Court considered this fundamental riht of freedom of press as part of the basic structure of the Constitution. Thouh this freedom forms part of the basic structure it is not absolute in its nature. As observed in !o&esh Thapper this freedom
of speech and press does not confer an absolute riht to spea& or publish !ithout
responsibility !hatever one may choose or an unrestricted or unbridled licence that ives immunity for every possible use of lanuae and prevents punishments for those !ho abuse this freedom. 'n 03;7 the Constitution !as amended by the #irst amendment and Article 032/ !as inserted to ive po!er to the overnment to put reasonable restrictions on the freedom of press on the lines of security of 'ndia friendly relations !ith forein states public order decency or morality contempt of court defamation incitement to an offence and sovereinty and interity of 'ndia. As the press freedom re! the ress
Council of 'ndia !as established in 031; to reulate the press. <ut on June 21 035; internal emerency !as declared and the operation of Article 03 !as suspended and medias freedom restricted. := The cabinet also approved a proposal to impose a
precensorship to further restrain the press in 035;.:: The movie * All the *resident‘s Men’ !hich depicted the +aterate scandal !as banned in 'ndia.‘ Aandhi a @indi movie believed to be the life story of the then rime )inister 'ndira 9andhi !hich !as cleared in
January 035; by the <oard of #ilm Censors !ent throuh difficult times durin the
emerency period. 'n July 035; the exhibition of the film !as suspended for t!o months and finally a revised version of the film !as cleared on )arch 2: 0351. +ith the
$esination of 'ndira 9andhi as rime )inister of 'ndia after the spell of emerency media came out stronly and in a more po!erful manner. The ress Council Act !as subse,uently enacted in 0356.
@istory Ff ress
The 'ndian ress has a lon history riht from the times of <ritish rule in the country. The <ritish 9overnment enacted a number of leislations to control the press li&e the 'ndian ress Act 0307 then in 03=0-=2 the 'ndian ress 8merency/ Act etc. Durin the %econd +orld +ar 03=3-:;/ the executive exercised exhaustive po!ers under the Defence of 'ndia Act G enforced censorship on press. At the same time the publication of all ne!s relatin to the Conress activities declared illeal.
'n the ost-Constitutional 8ra there is a chane in the outloo&. The Constitution of 'ndia in Article 030/ a/ lays do!n that “All citiBens shall have the riht to freedom of speech G expression.” Enli&e the E.%. Constitution the 'ndian Constitution does not expressly provide freedom of press. @o!ever it is no! !ell settled that the !ords “speech G
expression” in Article 030/ a/ includes freedom of press also.2 The freedom of press means freedom from interference from authority !hich !ould have the effect of
interference !ith the content G circulation of ne!spapers.= The Article 030/ a/ of the Constitution is sub4ect to certain restrictions laid do!n in Article 032/ of the Constitution. %tatus of &reedom of 'ress in India
'n (omesh Tha)ar *+s %tate of Madras: atan4ali %hastriCJ observed that “#reedom of speech G of the press lay at the foundation of all democratic oraniBation for !ithout free political discussion no public education so essential for the proper functionin of the process of popular overnment is possible.” 'n this case; entry and circulation of the
8nlish 4ournal “Cross $oad” printed and published in <ombay !as banned by the 9overnment of )adras. The same !as held to be violative of the freedom of speech and expression as “!ithout liberty of circulation publication !ould be of little value”.
The @onble %upreme Court observed in Enion of 'ndia vHs Association for Democratic $eforms1 “Fne-sided information disinformation misinformation and non information all e,ually create an uninformed citiBenry !hich ma&es democracy a farce. #reedom of speech and expression includes riht to impart and receive information !hich includes freedom to hold opinions”. 'n Indian ,-)ress e/s)a)ers *+s 0nion of India it has been held that the press plays a very sinificant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all la!s and administrative actions that abride that freedom. #reedom of press has three essential elements. They are?
0. freedom of access to all sources of information 2. #reedom of publication and
=. #reedom of circulation.
There are many instances !hen the freedom of press has been suppressed by the
leislature. 'n %akal 'a)ers *+s 0nion of Indiathe Daily (e!spapers rice and ae/ Frder 0317 !hich fixed the number of paes and siBe !hich a ne!spaper could publish at a price !as held to be violative of freedom of press and not a reasonable restriction under the Article 032/. %imilarly in <ennett Coleman and Co. vHs Enion of 'ndia07 the validity of the (e!sprint Control Frder !hich fixed the maximum number of paes !as struc& do!n by the Court holdin it to be violative of provision of Article 030/a/ and not to be reasonable restriction under Article 032/. The Court also re4ected the plea of the
9overnment that it !ould help small ne!spapers to ro!. (estrictions on &reedom of 'ress in India
The freedom of press comes !ithin the ambit of freedom of speech G expression. 'n a democracy freedom of press is hihly essential as it the press/ acts as a !atchdo on the three orans of a democracy viB. the leislature the executive G the 4udiciary. <ut the freedom of press is not absolute in nature. 't is sub4ect to certain restrictions !hich are mentioned in Article 032/ of the Constitution. The follo!in are the rounds of
restrictions laid do!n in Article 032/ ?-0/ %overeinty G 'nterity of 'ndia 2/ %ecurity of the %tate
=/ #riendly relations !ith #orein %tates :/ ublic Frder
;/ Decency or )orality 1/ Contempt of Court
The rounds of *ublic Frder G *#riendly relations !ith #orein %tates !as added by the Constitution #irst Amendment/ Act03;0. +hile the round of *%overeinty G 'nterity of 'ndia !as added by the Constitution %ixteenth Amendment/ Act 031=.
%edition
%ection 02:A of the 'ndian enal Code deals !ith the offence of sedition. 't lays do!n that” +hoever by !ords either spo&en or !ritten or by sins or by visible representation or other!ise brins or attempts to brin into hatred or contempt or excites or attempts to excite disaffection to!ards the 9overnment established by la! in 'ndia shall be punished !ith imprisonment for life to !hich fine may be added or !ith imprisonment !hich may extend to three years to !hich fine may be added or !ith fine”. <ut 8xplanation = says “Comments expressin disapprobation of the administrative or other action of the
9overnment !ithout excitin or attemptin to excite hatred contempt or disaffection do not constitute an offence under this section”. 'n Devi %aran vHs %tate A'$ 03;: at 2;: the Court has held that %ection 02:A imposes reasonable restriction on the interest of public order G therefore it is protected under Article 03 2/ of the Constitution.
Current %cenario of 'ress 1 Its Achie*ements
As discussed earlier press is rearded as one of the pillars of a democracy as it acts as a !atchdo of the three orans of democracy. Thouh freedom of speech G expression includin of press/ is en4oyed by the citiBens but there are many instances !here the press has to face difficulties as !ell. 'n the recent past in the Tehel&a Case the portal
Tehel&a.com !as forced to shut do!n completely G its 4ournalists !ere continuously harassed as the 4ournalists exposed the *scam in the defence ministry involvin 8x-Defence ersonnel G Central 9overnment )inisters. There are many instances !here 4ournalists !ere threatened G even assaulted at times.
Despite of these difficulties the press has achieved a lot of success in the recent past. 'n Jessica >als case )anu %harma son of a @aryana minister &illed Jessica on April 23
0333 because she refused to serve him li,uor in the restaurant !here she !as !or&in. The case !as closed and all the accused !ere freed due to lac& of evidences but finally the case !as reopened after media and public outcry !hich led to %harmas conviction. 'n riyadarshini )attoos Case %antosh umar son of an '% officer raped and &illed his colleaue riyadarshini )attoo a la! student in 0331 after she refused his proposal.
Ailin and aed father of riyadarshini ot 4udment in Fctober 2771 after a lon run trial. The Delhi @ih Court rebu&ed lo!er courts and authority under investiation for ac,uittal of accused. The media played a sinificant role in this case as !ell.%imilaryin (itish
ataras case the media played an important role. 'n Aarushi Tal!ars murder case media played an important part by hihlihtin the loopholes in the case o!in to !hich the police !as forced to ta&e some action. Aarushis father is the prime suspect in this
case.$ecently in $uchi&as Case $uchi&a 9irhotra a 0:-year-old tennis player !as
molested by then @aryana police '9 %..%. $athore in anch&ula in 0337.Three years later $uchi&a &illed herself !hich her friend and case !itness Aradhana attributes to the
harassment of $uchi&a and her family by those in po!er. (ineteen years later $athore !al&s a!ay !ith six months of riorous imprisonment and a 0777-rupee fine reportedly due to his old ae and the “proloned trial”. This led to public outrae G media played a
sinificant role in it. >ater on the 9overnment of 'ndia as&ed the Central <ureau of
'nvestiation to re-investiate the case G the police medals a!arded to %..%. $athore !as also stripped. A case of Abetment of %uicide under %ection =71 of the 'C !as also filed aainst %..%.$athore.'n 277; ne!s channel Aa4-Ta& carried out Fperation Duryodhana !hich revealed 00 )s of the >o& %a&ha acceptin cash for as&in ,uestion in the >o& %abha. >ater on an 'nvestiation Committee !as set up headed by %enior Conress ) a!an umar <ansal. All the 00 )s !ere found uilty G !ere sac&ed from the >o& %abha.
'ress needs to !e (es)onsi!le
Thouh the press has played sinificant roles for public !elfare but at times it act
irresponsibly. #or instance the electronic media hyped the Abhi-Ash !eddin in such a !ay that other important ne!s !ere nelected. 'n rof. %abhar!als case !hen rof. %abhar!al !as &illed by A<I activists there !ere a number of ne!s channels G ne!spaper
correspondent !ere present G they had evidence of the murder but the media acted
irresponsibly G the police called it an *Fpen G %hut Case. $ecently !hen )umbai !as under terror threat in 21H00 the media acted irresponsibly by telecastin live the lon sisty hour Fperation <lac& Tornedo by the security forces to combat the attac& at The Ta4 )ahal alace @otel G (ariman @ouse. 't included live feed of air droppin (%9 Commandoes on the rooftop of (ariman @ouse. At times ne!s channel covers ne!s such as *<olly!ood 9ossips G *ae = etc !hich has reduced them to a mere *8ntertainment Channel. There are many important issues !hich should be covered by the media but unfortunately it does not. 'n April 2773 Enion @ome )inister .Chidambaram !as addressin the media at a press conference a 4ournalist thre! sho! at the minister on protest of ac,uittal of a
Conress leader accused of leadin Anti-%i&h riots in 036:. The 4ournalist named Jarnal %inh !as a reporter of Daini& Jaran a local ne!spaper. >ater on he apoloiBed to the Enion @ome minister for his act. This !as one of the most condemnable act !hich sho!ed the uly side of the press.
Conclusion
'n !ords of the #ather of the (ation )ahatma 9andhi "The role of 4ournalism should be service. The ress is a reat po!er but 4ust as an unchained torrent of !ater submeres the !hole countryside and devastates crops even so an uncontrolled pen serves but to destroy." There are three pillars of a democracy viB. the leislative the executive G the 4udiciary. The press acts as the fourth pillar of a democracy. The press has played many sinificant roles in deliverin 4ustice public !elfare etc.
The (ational Commission to $evie! the +or&in of the Constitution (C$+C/ has in its final report submitted to the 9overnment recommended that Article 030/a/ !hich deals !ith “freedom of speech G expression” must expressly include the freedom of the press and other media the freedom to hold opinion and to see& receive and impart information and ideas.
't has been sixty years since 'ndia became $epublic G commencement of the Constitution there is been a lot of ups G do!n in our democracy G the press also has come across ae. As bein a sub4ect of the larest democracy of the !orld !e should remember the !ords of our former rime )inister $a4iv 9andhi “#reedom of ress is an Article of #aith !ith us sanctified by our Constitution validated by four decades of freedom and indispensable to our future as a (ation.”
Thus !e can conclude that the time has come for the press of larest democracy of the !orld to !or& !ith hand-in-hand !ith 4udiciary for the !elfare of its sub4ects. The day is not far a!ay !hen there !ill be no eclipse of in4ustice G the sun of 4ustice !ill shine brihtly forever.
