Freedom of Press

UNESCO On Freedom of Press

• UNESCO has always been in favour to “promote the free flow of ideas by word and image”. Even
the Organization’s Member States from time to time have confirmed this mandate as an when
required and it has been adopted by the General Conference; which is a highest authority of UN
agency. Hence, UNESCO promotes freedom of expression and freedom of the press as a basic
human right.

• Even in 1993 the United Nations General Assembly proclaimed that May 3 is “World Press
Freedom Day”.

Indian Constitution

• Indian constitution accorded pride of place to the freedom of speech and expression while
drafting the Constitution of India. “Freedom of speech and expression” has been declared a
fundamental right under Article 19(1)(a), subject only to the reasonable restrictions that may be
imposed by the state under clause (2) of that Article

• The freedom of press is not absolute just as freedom of speech is not . The public interest is
safeguarded by article 19 (1) (2)with the reasonable restrictions to the freedom of expressions
on the following grounds:

Reasonable Restrictions

1. Integrity of India,

2. Security of the State,

3. Friendly Relations with neighboring Countries,

4. Public order,

5. Decency or morality,

6. Contempt of Court and Contempt of Legislature,

7. Defamation, and

8. Incitement to an offence

Press Freedom Index

• The Index ranks 180 countries and regions according to the level of freedom available to
journalists.
 • It is a snapshot of the media freedom situation based on an evaluation of pluralism,
independence of the media, quality of legislative framework and safety of journalists in each
country and region.

• It does not rank public policies even if governments obviously have.

• Published every year since 2002 by Reporters without Borders (RSF), the World Press Freedom
Index is an important advocacy tool based on the principle of emulation between states.

• The 2021 World Press Freedom Index Report of the RSF retains the abysmal 142 rank it gave to
India in the previous year.

• Press Freedom in India in 2021 declined..The Indian rank was press freedom index has dropped
to 142nd in 2020 from 136th in 2015. India falls behind most of its neighbors, including
Myanmar (139), Afghanistan (122), Bhutan (67), Nepal (112), and Sri Lanka (127) (Kamdar,
2020).

Land Mark Case: Indian Express v. Union of India

• Need of Freedom of Press.. Referring to Print media case

1. Printed matter records idea in permanent form, which speech can not

2. However, the larger the audience for a speech may be, a newspaper, or book has larger
circulation than spoken words. Even though in modern times a newspaper has other rivals in
realm of media expression such as radio and television, the morning daily still has the widest
demand in the world and is the most potent medium of mass communication

3. Freedom of Press as an extension of Freedom of speech and expression

4. Democracy can endure and thrive not only under the vigilant eye of its legislature but also under
the care and guidance of Public opinion, and the press is, the vehicle through which public
opinion becomes articulate

7. A democratic government can rest only on free debate, and free exchange of ideas amongst
the people. Truth can emerge only through the unhampered interplay of competing ideas. Press
plays vital role in this case as there cannot be collective decision without mature deliberation
upon any issue. On one hand the widest dissemination of information from diverse source is
necessary for public education , which is the foundation of democracy, on the other hand, by
the means of free discussion and criticism that the government remain responsive towards the
will of the people.

8. Furthermore it is the function press is to expose the abuses of power by corruption and public
officials and in keeping them responsible to the people whom they are protected to serve.
 9. Representative democracy like India cannot function in society when there is no freedom of
speech. Mere freedom of election is not enough if there is no freedom of press to criticize the
programme and the action of the party in power and if the parties in opposition are not allowed
to present their alternative programmes before the people.

The freedom of Press have essential elements

• Freedom to access all source of information

• Freedom of Publication

• Freedom of Circulation

Need of Restriction

• No freedom can be unrestrained. The freedom of press postulates that the press have the right
to print anything which it thinks fit for publication…Kedar Gosh in his Fundamental Fraud of the
press…”As freedom of press is always in danger, so it is always dangerous “

• In right society, the right of the press should be harmonized with its duties and responsibilities
towards society. For such harmonization certain restraints or regulations are necessary. What is
objectionable is not restriction or regulation as such but the imposition of arbitrary and
excessive restriction which would make freedom mockery.

• There are some statutory limitations or curbs placed on the freedom of press under official
secrets Act, Contempt of court Act, Privileges of Parliamentary, Copy right ACT, Law of
Defamation etc.

 
Cases where freedom of press was restored

Freedom of Press was not restored-Cases

• Sahib Singh Mehra vs State Of Uttar Pradesh on 22 January, 1965

• Prabha Dutt vs Union Of India & Ors on 7 November, 1981

Government attitude on freedom of Press

1. In post Independent India the Congress Party ruled India for majority of the time. During
congress regime there has been several issues when the press freedom was curtailed. The
biggest day in the History was during the emergency Period . Indira Gandhi government
suppressed the press. The editorial pages were banned

2. From 1980 struggle between the press and the government worsened. In different states it had
the same repercussions. In Karnataka major daily offices were blocked so as to prevent their
publication on one day and the police practically pleaded helplessness to do anything about the
matter
 3. During Manmohan government hardly any press conference. The media professional were
rarely given opportunity to ask the question or interview the Prime Minister.

During Anna Hazare movement the Kapil Sibal imposed censorship on several social media sites in order
to limit the influence of the movement

Press Council of India -Threat to FP

• Attacking media offices, media personnel, blocking the activities

• Refusing access to information

• Fabricating cases against media professionals

• Harassing and victimizing journalists

• Seizing camera and destroying film by police from a Press Photographer

• Disaccrediting and withdrawing of housing facilities from media professionals

• Favors to media professionals.

• Control over issue of newsprint,

• Control over Electricity supply