Professional Documents
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MEDIA LAW
Democracy is "the governance of the people, for the people, and by the people," according to
Abraham Lincoln, the 16th President of the United States. The people have complete rights to
take part in the exercise of public sovereignty under this form of governance. The people are
adequately represented by such a government. Democracy upholds political equality and
rejects the idea that any one class should have exclusive political power. Democracy is built
on the rule of law and the will of the majority.
Newspapers and the newspaper industry are referred to as the "press." "Newspaper" refers to
a monthly (frequently produced with some variation) printed magazine that includes news of
public interest and their views. The success of democracy depends on the freedom of the
press. The press is essential to democracy. It is referred to as the fourth democratic pillar. The
Preamble of the Indian Constitution makes reference to freedom of expression. The
Constitution specifically addresses freedom of speech and freedom of expression in Article
19(1). According to how this article has been interpreted, "All citizens have the right to
freedom of speech and expression, the right to peacefully assemble without weapons, the
right to form associations or unions, the right to move freely throughout the Indian
subcontinent, the right to live and settle anywhere on the subcontinent, the right to acquire,
hold, and dispose of property, and the right to engage in any occupation, trade, or business."
The constitution does not specifically mention media freedom, but Article 19(1) applies to all
citizens, including journalists.
In the modern world, the media is seen as the fourth pillar of the state. The other three parts
of a democratic government are the legislative, executive, and judicial branches. The
judiciary, which must verify the legitimacy of all activities and decisions, serves as the third
stepping-stone after the legislature, which draughts laws for society, and the executive, which
implements them. In order to function in the public and national interest, the Fourth Estate, or
the press, must operate within the bounds of the legal system and constitutional provisions. It
has a significant impact on society. Information, education, and pleasure may all be found
there. It is the government's monitor for its operations. Fundamentally, press freedom is the
right of people to express themselves in the press. In a democracy, one's right to freedom of
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The term "press" often refers to mass media, periodicals, magazines, and newspapers, and
journalists are those individuals who are referred to or thought of as working for the press.
Press was established with the goal of providing neutral information on state and public
affairs, including news, views, comments, and perspectives. But since then, the definition of
the word has significantly changed, and now the press offers news, commentary, and
perspectives from all around the globe, whether or not the news is significant. Press outlets
have developed from printing to T.V.s, radios, and podcasts. The press aids in the formation
of opinions and judgments on a variety of topics. The purpose of the press is to disseminate
news, ideas, opinions, and awareness by printing the facts and opinions on numerous matters
so that citizens can form a rational opinion on a particular subject. A rational opinion cannot
be formed without adequate knowledge of the subject, which is where the press comes in. But
if the press is constrained in its ability to provide information, it is impossible to create a
coherent or sane opinion. In democratic nations, the press plays a crucial role in this regard,
since without accurate and clear information, people cannot determine for whom to vote. The
importance of a free press to social and political discourse was recognised by the courts in the
case of Indian Newspapers v. Union of India, in which it was ruled that: The press has now
assumed the role of the public educator, making formal and non-formal education possible on
a large scale, especially in the developing world, where television and other forms of modern
communication are not yet available to all segments of society. The press serves the public
interest by publicising information and views without which a democratic electorate cannot
make responsible decisions. 1 Press is the primary source of information in the contemporary
developing world, and information should be objective and disseminated credibly.
In Hariraj Singh case, the Supreme Court explained the role of the press and journalists by
saying that a free and healthy press is essential for a true democracy to work. In a democratic
system, the people have to be involved in all aspects of their community and the State. They
have to do this in a smart and active way. It is their right to know what is going on in social,
political, economic, and cultural life right now, as well as what the hot topics and important
issues of the day are, so that they can think about them and form a broad opinion about how
the government and its officials are handling, dealing with, and administering them. To reach
this goal, the people need a clear and honest account of what happened so they can form their
own opinion, give their own comments and points of view on these things, and decide what
to do next. So, the main job of the press is to give complete and unbiased information about
all aspects of the political, social, economic, and cultural life of the country. Its job is to teach
and get people moving. It has a big part to play in shaping public opinion and can be a tool
for making changes in society.
A general word used to describe how public institutions manage resources and conduct public
affairs is "good governance." The processes of decision-making and decision-implementation
(or non-implementation) are referred to as governance. [8] The decision-making and
implementation procedures are what constitute good governance. Making the optimal
decision-making process is more important than making the "right" choice. The idea of "good
governance" is centred on the duty of governments and governing bodies to serve the
interests of the general population rather than those of a few elite social classes. Media often
refers to mass media, which is any kind of communication that widely disseminates
information to the public about all current events in any given region. It is the objective
reporting of information through print, radio, television, or the internet. Conventionally and
legally, the media plays no specific role in governing. It lacks the authority to overturn any
judgments rendered by the legislative, executive, or judicial branches of a state. However,
one of the most significant roles in every society's operation is played by the media. It raises
public awareness of their concerns and conveys them to politicians. In order for people to
behave responsibly and informed rather than acting on the basis of ignorance or
disinformation, access to information is crucial for a democratic society. Information also
performs a checking role. The overlap between the media and other democratic and
governmental functioning domains is widely acknowledged. Supporting the media, for
instance, might have a positive impact on governance initiatives, especially those involving
decentralisation, corruption prevention, and public engagement in the formulation of policy.
Supporting an independent media that monitors the judiciary, reports on the courts, and
encourages a legal climate favourable to press freedom may help to further institutionalise the
rule of law. A media sector that provides equal access to candidates and reports on the
pertinent topics promptly and objectively is necessary for free and fair elections that are
conducted via transparent procedures.
We will examine the function of the press in a democracy via a theoretical and utilitarian lens
in this section of our research paper. This Benthamite viewpoint would help us to determine
what the ideal function of the press should be in a democracy, which would then give us the
necessary objectivity to analyse the actual role performed by the media using these objective
conclusions as the yardstick.
In order to create a mass media system that informs and empowers all members of society
and upholds democratic values, media democracy is a democratic approach to media studies
that advocates for the reform of mass media to strengthen public service broadcasting and
develop participation in alternative media and citizen journalism.
1. Monitory Role - This function of the press and media include systematic scanning of the
people, situations, and events as well as potentially pertinent information sources.
Verification and evaluation of the data collected. The media has to be vigilant and limit total
political power. In this position, it gives people knowledge they may use to make their own
judgments.
2. Facilitative Role - Using journalism to advance democratic ideals and enhance the
standard of public life. It holds the community together like glue. Additionally, it strengthens
one's capacity and willingness to listen to others.
3. Radical Role - Investigating the "root" of power dynamics and inequality in society and
outlining the detrimental effects they have on the standard of living and the viability of
democracy. opposition to commercial/mainstream media, which often serves to safeguard the
interests of the wealthy and fails to provide knowledge that might empower the
underprivileged. Political social democracy is motivated by developing political advocacy.
4. Collaborative Role - Media and government collaboration should always be honest and
open.
Media is considered as a backbone of any democracy. The following role are played by
the media in Indian democracy –
1. The media serves as a watchdog for the government and reports on every administrative
activity, keeping the public informed about what is occurring in their community on a daily
basis.
2. The fourth pillar of democracy is regarded as the media. It increases our awareness of a
wide range of activities, including politics, sports, and economic, social, and cultural ones.
Similar to a mirror, it reflects the unvarnished reality, which may at times be unpleasant.
3. The media also highlights flaws in democratic society, which eventually aids the
government in closing the gaps left by the flaws and improving the system's responsiveness,
accountability, and democratic friendliness. Therefore, a democracy without the media is like
to a car without wheels.
4. The media serves as a conduit between the public and the government. It is also a highly
potent weapon that has the capacity to shape or sway public opinion. It has the power to alter
perceptions or arouse feelings. It has acquired the public's trust because of this. The media, in
its many forms, including newspapers, television, and movies, controls how people feel and
think.
5. The media may operate as a catalyst for social change and education. The media has
contributed to the development of the democratic society by drawing attention to topics that
were formerly seen as absolutely private, such as childbirth, child care, domestic abuse, and
sexual harassment.
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4 Mohd Ayub Mir, The Role of Media in Indian Democracy (2019) 6 IJRAR, 584.
The Bofors scandal that broke in 1987 marked a watershed for India — it was the first time
corruption became an intensely public and political issue. The scandal was uncovered mostly
The Hindu and reported by Chitra Subramaniam-Duella and N. Ram. Almost 200 documents
relating to Bofors were secretly sourced, verified and translated from the Swedish language
before being published along with interviews and analytical pieces. Such was the public fury
stoked by this investigation that the government in power eventually ending up on the losing
side in the 1989 general election. Interestingly, the Bofors expose was also featured as one of
the 50 great stories produced by Columbia Journalism School alumni N. Ram is one himself
in the past 100 years.
Recent Instances when the Indian Media justified its low World Press Freedom Index Rank
In the weeks after the horrific terrorist assault in Pulwama, Jammu and Kashmir last
month, the Indian news media's long-simmering crisis of trust reached a boiling point.
Even basic journalistic rules were disregarded by India's television stations, as seasoned
reporters declared unambiguous allegiances and seasoned editors repeated exaggerated
claims.
Theatrics abounded, with toy-gun-wielding warrior anchors in army fatigues inciting a
climate of hatred and aggressive patriotism. The Indian media has self-assigned the
position of propagandist for the government, which brought two nuclear powers to the
brink of war. Many television newsrooms became parodies of military command centres,
with anchors evaluating military equipment and tactics (sometimes incorrectly). Some even
wore battle gear for the event. Speculation and supposition were repeated endlessly, and a
number of journalists resorted to social media to urge the military. While the media
continued to push official perspectives on the crisis, public attention shifted away from
other crucial political problems. The controversy surrounding the Rafale deal and
allegations of corruption against the government, as well as the order for the eviction of
more than a million forest dwellers (which was later stayed) and a hearing on the repeal of
Article 370 before the apex court, were suddenly pushed to the sidelines.
Democracy is defined as "a form of governance in which every citizen of a nation has the
right to vote for their representatives." With the creation of a newspaper called The Bengal
Gazette in 1780, media came into existence, and since then it has advanced greatly. It has
been a crucial factor in forming people's ideas.
A strong democracy is shaped in large part by the media. It serves as a democracy's
skeleton. We are made aware of a variety of social, political, and economic events taking
place throughout the globe thanks to the media. It is comparable to a mirror in that it tries
to reflect to us the harsh facts of life and the unvarnished truth. The media has surely
changed and intensified its activity throughout time. Politicians are only reminded of their
broken pledges by the media during election seasons. The extensive election coverage on
television news channels assists voters, particularly illiterates, in choosing the best
candidate for office. Politicians are reminded that keeping their pledges is essential to
retaining their positions of authority.
The influence of the media is quite notable. Occasionally, community uprisings have
resulted from too enthusiastic publication of sensitive news. Provocations are more likely
to affect illiterates than literates. Apathy and insensitivity are fostered by the constant
repeating of the news, particularly spectacular news. For instance, in the Dhananjoy
Chatterjee case, the excessive publicity resulted in several children's deaths who replicated
the hanging operation, which was regularly displayed on various TV news networks. Such
detrimental effects are many. When broadcasting or publishing such explosive news, the
media should use the greatest caution.
This article discusses the relationship between Indian legislative provisions and press
freedom.
As a writer, it is my duty to fight censorship, whatever its form and whatever power it is
based on, as well as to advocate for press freedom. I am a staunch supporter of that
freedom, and I believe that if any writer believes he can demonstrate that he does not
require it, he is akin to a fish declaring in public that it does not require water. Journalism is
regarded as the fourth pillar of democracy, alongside the legislature, executive, and
judiciary. Press freedom is regarded as the bedrock of democratic society. A free exchange
of ideas, free exchange of information and knowledge, debating and expressing different
points of view are all necessary for democracy to function properly. People will be able to
make more informed decisions as a result of this. People will be able to exercise their rights
to question government decisions only when there is a churning of different thoughts and
information. Only when press freedom is achieved can such an environment be created.
Journalism, which was previously limited to print media, now includes electronic media as
well. Press freedom includes the freedom to write, print, draw, photograph, film, film, word
of mouth, and so on. It includes the freedom of expression and communication. This article
addresses all forms of expression.
Several restrictions were imposed on the Indian press during the pre-independence period,
i.e. during the reign of the British. Acts like Indian Press Act, 1910 & Indian Press
(Emergency) Act etc resulted in curtailing the freedom of press. During the second world
war the conditions worsened. After Independence , there were fundamental changes in the
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5. https://www.legalservicesindia.com/law/article/1046/10/Indian-Judiciary-and-Freedom-of-Press
perspective towards freedom of press. Legal provisions and constitution take upon
responsibility to protect freedom of press. In India, freedom of press is not expressly
protected by Indian legal system but it is impliedly protected under article 19(1) (a) of the
constitution, which states - All citizens shall have the right to freedom of speech and
expression. However, since no freedom can be absolute, even right to freedom of press is
also not absolute. Freedom of press is also not absolute. It faces certain restrictions under
article 19(2), which is as follows-
Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or
prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub clause in the interests of
the sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality or in relation to contempt of court,
defamation or incitement to an offence. Whistle Blowers Protection Act, 2011 provides a
mechanism to investigate alleged corruption and misuse of power by public servants. It
aims at protecting anyone who exposes alleged wrongdoing in government bodies, projects
and offices. The wrongdoing includes fraud, corruption or mismanagement. This act
indirectly protects journalists practicing investigative journalism.
That sums up a significant portion of Indian mainstream media. There is no absolute truth,
just a lot of maliciousness, and there is no responsibility other than to support the
dictatorship. With continual produced opinion and no accountability, the media crisis in India
is creating a new chapter in history that urges the abolition of critical journalism. The use of
the media for propaganda is absolutely intrinsic to how it operates, but the transparency with
which it represents the voice of the dictatorship versus the unvarnished truth is undermining
Indian democracy under the guise of press freedom. Now, this situation no longer resembles
an illness. News anchors have transformed into judges and deliver their verdicts without
hesitation or regard for morality. People will become consumers rather than passive citizens
as a result of this creation of new history. India's reputation for democracy is being damaged
by it. In the guise of journalistic freedom, priorities have changed away from serving the
people and toward serving the dictatorship and the powerful commercial organizations that
support it. It can be said without much hesitation that media has recently changed from being
a crucial pillar of democracy to becoming a dishonest, doubtful, and perhaps hazardous
institution for the nation. Caste and racial divides will only become worse. This has
detrimental effects in a multicultural country like India. large-scale disrespect, mistrust,
hostility, division, injury, damage, and fatalities of unarmed individuals. The authors would
want to draw a positive conclusion to this discussion, believing that it is past time for
mainstream media to seriously consider how to market impartial news. If they have a stake in
the development of the nation, that is. Today, negative news is more popular than ever. But
the only people who can entirely turn things around are the journalists and the people who
sponsor these media outlets. Stop reporting inaccurately. Against false news. Make it
unlawful to disparage leaders without justification. People are becoming more ignorant,
alienated, and extremist due to the disinformation. Before long, India's democracy would be
entirely destroyed.
In addition, I would like to recommend a few ideas they are as follows-
1. Passage of legislation protecting journalists the labour union leaders were given some
exemption from malicious criminal prosecution even in colonial India. A journalist's
contribution to the spread of democracy is just as significant as a labour leader's. The need for
specific legal protections against arbitrary prosecution and harassment of journalists who are
often the targets of the state's coercive apparatus, such as the police, arises as a result of the
lack of any unique rights for the press guaranteed by the constitution.
2. Changes to media companies' business models - As has previously been mentioned, several
political and economic dynasties do own a significant amount of stock in the major media
companies. As a consequence, the press acts as a spokesperson for these stakeholders and
only spreads misinformation on their behalf. It follows from logic, not surprise, that such
media outlets cannot loot their own masters. This whole financial paradigm has to be
reevaluated so that the media relies on the general populace, not on some powerful rulers,
who are its readers and who can only exist if they get high-quality information.