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• The Indian Constitution, while not mentioning the word "press", provides
for "the right to freedom of speech and expression" (Article 19(1) a).
• However this right is subject to restrictions under sub clause (2), whereby
this freedom can be restricted for reasons of "sovereignty and integrity
of India, the security of the State, friendly relations with foreign States,
public order, preserving decency, preserving morality, in relation to
contempt of court.
• To the extent that the media is independent of government it can also have the capacity
to act as a powerful critic of government.
• Media has been increasingly challenged as an institution that frequently abuses its
power, invading people’s privacy and undermining personal freedom.
• Differences in the understanding of media freedom exist, even among the West
European democracies or between Western Europe and the United States.
• On the one hand, various social, political, and economic forces may serve to
make the press freer, in fact, than it is in law.
• Conversely, those same forces may substantially curtail the exercise of a legal
freedom. It could be seen that the government control on the media freedom is
always subject to political, legal, or constitutional constraints.
History of Media Freedom
• Media Freedom, which has been limited not only by governments but at times
by churches, It is absolute in no country.
• From the earliest times, in the West, persecution for the expression of opinion
even in matters relating to science or philosophy was resorted to by both the
Church and the State, to suppress alleged heresy, corruption of the youth or
sedition.
• In the late 15th century, after the invention of printing press, licensing and
censorship rules came as restraints.
• Severe restrictions on the press continued, however, in the form of seditious, libel laws
under which the government was able to arrest and punish any printer who published
material in any way critical of the government.
• Since the 18th century the press in Britain has been relatively free from state interference.
• During that time the printing of parliamentary debates had to be disguised as debates
between classical figures. At this time, both true and false criticism of the government
was considered a libel. In fact, the legal doctrine proclaimed that “the greater the truth
the greater the libel.” Only in the mid-19th century truth was admissible as a defence in
English libel cases.
History of Media Freedom
• The struggle for freedom of the Press had its greatest triumph when it came to be guaranteed
by a written Constitution, as a fundamental right. Countries with written constitutions
frequently contain special protection for press freedom.
• In the United States the First Amendment gives constitutional status to press freedom.
• This means that writers, journalists, and publishers can criticize government and are
free from censorship.
• Before that the 1776 Virginia Bill of Rights stated, “Freedom of the press is one of the great
bulwarks of liberty, and can never be restrained by despotic (authoritarian) governments.”
• The Canadian Charter of Rights and Freedoms also gives constitutional protection to the press.
• The United States, Canada, Australia, and New Zealand also have specific legislation that protects
freedom of information to ensure openness and facilitate press coverage of important issues and events.
• The European Convention on Human Rights, under Article 10, protects the freedom to receive and
impart information and ideas without interference by public authority.
• As a signatory to this treaty, most of the countries are likely to become increasingly
influenced by constitutional protections for freedom of the press.
In India-Concept of Freedom of Press
• In India, prior to independence, there were no fundamental
rights and therefore there was no guarantee of the freedom of
expression or of the Press.
• Laws such as the Official Secrets Act and Prevention of Terrorism Act (POTA) have
also been used to limit press freedom.
• Under POTA, a person could be detained for up to six months for being in contact
with a terrorist or terrorist group. POTA was repealed in 2006, but the Official
Secrets Act, 1923 continues.
PRESS FREEDOM INDEX
• The country with the “Highest degree” of press freedom was
• Finland
• Iceland
• Netherlands
• Norway
• Sweden
PRESS FREEDOM INDEX
• The country with the “Lowest degree” of press freedom was
• Eritrea
• North Korea
• Turkmenistan
• Iran
• Myanmar (Burma)
– this right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and regardless of
frontiers.”
The core claim is that, in the first stage,
• Many more …
The roles of the news media as
• watch-dog,
• civic forum,
• and agenda-setter
Lerner, Lipset, Pye, Cutright and others, suggested the
diffusion of mass communications -
• In the late 1950s and early 1960s, early modernization theories assumed a
fairly simple and unproblematic relationship between the spread of access
to modern forms of mass communications, economic development, and the
process of democratization.
equips them to
This, in turn, perform the
accelerates the varied tasks
spread of required in the
literacy. modernizing
society
• while journalists in many parts of the world face the daily threat of
personal danger from wars or imprisonment by the security
services.
The role of the news media as civic forum
• Equally vital, in their civic forum role, the free press can strengthen the public
sphere, by mediating between citizens and the state, facilitating debate about
the major issues of the day, and informing the public about party leadership,
political issues, and government actions.
• for example in nations such as Russia, Brazil and Peru which have failed to create fully-independent
and pluralistic media systems. Broadcasting cartels, coupled with the failure of regulatory reform,
legal policies which restrict critical reporting, and uneven journalistic standards, can all limit the
role of the media in its civic forum or watch-dog roles.
the news media also functions as an agenda-setter
• providing information about urgent social problems and thereby channeling
citizens’ concerns to decision-makers in government. Particularly in cases of
natural disaster, public officials often suffer from a breakdown in the usual
channels of communication.
• Poor internal communications among official agencies can hinder the delivery
of effective emergency relief, so that timely and accurate information about
the scope and nature of any disaster is vital as the first step in any effective
official response.
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Classroom Activity
• What you like to produce from Media.
• How media is seen, controlled and dealt with, will be outlined in the following
paragraphs through
Introduction
• Western theories of the mass media were first propounded by
Fred Siebert, Theodare Peterson and Wilber Schramm in their
book Four theories of Press.
• Authoritarian Theory
• Libertarian Theory
• Soviet Theory
• Social Responsibility Theory
Authoritarian Theory
The government may punish anyone who questions the state's ideology.
Media professionals are not allowed to have any independence within the media
organization.
• Attacks on the government's policies are accepted and even encouraged: the media as a
watchdog
• Journalists and media professionals ought to have full autonomy within the media
organization.
• It is accountable to the law for any consequences of its activities that infringe other
individuals’ rights or the legitimate claims of the society.
The media was tied to overall communist ideas and defined in a very different way.
• The media is collective agitator, propagandist and educator in the building of communism.
The soviet theory does not favor free expression, but proposes a positive role for the
media, the society and the world.
Social Responsibility Theory
This theory keeps certain areas free for the Press but at the same time puts lot of
responsibility on media.
As discussed in the beginning that the media is not just seen as an enterprise like others
in the business sector of any society, but due to its unique nature, society expects a
particular role which media must play in getting rid of social evils, educating people,
criticizing government policies and exposing other wrong doings in a society.
The sense of responsibility has been emphasized more in this theory as compared to
any other.
• Media has certain obligations to society:
• It must show truth, accuracy, objectivity, and balance
• The media should be free but self-regulated (codes of conduct, and ethics)
• The media is pluralistic: diversity of society, various points of view, forum for ideas
• The media ownership is a public trust. The journalist is accountable to his audience /
readers.
Theories and open debate on media
• Not confined to the extent of theories, the media always faces (and is open
to) criticism and social scientists always keep this debate open as how best
media could be used to improve functioning of civil society and promotion
of democratic sense and practices.
• A basic question is: Who gave media the right to do the things they
do? Like to investigate wrong doings by public officials, to delve into
the private lives of public figures and to report on the shortcomings
of government and institutions are all forms of the criticism media
face all over the world.
(v) Freedom to reside and settle in any part of the territory of India
which is also subject to reasonable restrictions by the State in the
interest of the general public or for the protection of the schedule
tribes because certain safeguards as are envisaged here seem to be
justified to protect indigenous and tribal peoples from exploitation and
coercion.
Right to freedom
(vi) Freedom to practice any profession or to carry on any
occupation, trade or business on which the State may impose
reasonable restrictions in the interest of the general public. Thus,
there is no right to carry on a business which is dangerous or
immoral.
Right against exploitation
Right against exploitation
The abolition of trafficking in human beings and Beggar (forced
labour)
Besides the Supreme Court, the High Courts also have been given a
role in the protection of fundamental rights. Under Art. 226 of the
constitution, High Courts also can issue writs for the enforcement of
fundamental rights.
The High Courts on the other can issue writs against infringement of
fundamental rights, as well as against contravention of ordinary law
of redress grievances arising therefrom.
In case of transgression of fundamental rights the Supreme
Court or the High Courts may issue five kinds of writs.
• Habeas Corpus—Habeas Corpus literally means—that human person is sacred. Hence no man may
be detained illegally. Whenever a man is detained, he must be produced before a court. This writ is
a powerful safeguard against arbitrary (Illegal)arrest and detention.
• Mandamus—meaning ‘command’, mandamus calls upon public servants to perform some duties.
Thus mandamus is issued against dereliction (Neglect)of duty.
• Prohibition—as the very term prohibition —suggests, this writ is issued by the Supreme Court or the
High Courts, to prohibit inferior courts under them to overstep their jurisdiction.
• Criterion—it enables a superior court of compels inferior courts to submit records of proceedings
to the higher court.
• Quo warranto—literally means by what right. This writ is issued to determine the legality of a
person’s claim to public office. The purpose of this writ is to prevent usurpation (taking someone's
power or property by force) of a public office by an undesirable or, unqualified person.
Limitations
• Firstly, Article 33 empower the Parliament to modify application of
fundamental rights to armed forces and the Police to ensure proper
discharge of their duties.
• Secondly, under Article 34, during the operation of Martial law in any area,
the Parliament may indemnify any person in the service of the central or a
state government for acts for the maintenance or restoration of law and
order.
• Thirdly, during emergency proclaimed under Art 352 of the constitution, the
fundamental rights guaranteed to the citizens, will remain suspended. Article
358 authorize the Parliament to restrict fundamental rights guaranteed by
Art 19 during the pendency of an emergency under Article 352.
Summary