Name: Alaparthi Ashritha
Academic status: BBA LLB (First Year)-
KL (Deemed to be) University, Guntur
Abstract:
The soul of a democratic setup is its people and their inherent right to freely express their views and ideologies. Hence, India being the world’s largest democracy has enshrined in the preamble of the constitution the fundamental right of freedom of speech and expression.[1] This right encompasses the rights of the press or freedom of the press. The press is regarded as the fourth pillar of democracy, as it is a potential check on the policies of the government, which are formulated with malafide intentions. The press also acts as a means for keeping the elected officials responsible to the people who are supposed to serve. The press not only brings to the notice of society, the crimes, which otherwise would have gone unnoticed; but also plays a crucial role in initiating legal proceedings in such crimes, thereby ensuring justice. Here freedom of the press means the right or the liberty to print, publish, or paint free from the authoritative and unwanted interference from the state or any other public authority. As it is said eternal vigilance is the price of liberty and well-established principles of Jurisprudence, no right or freedom or liberty can exist absolutely without restrictions; hence freedom of the press is subject to a number of restrictions. So here freedom of the press means the liberty to print, publish, or paint within the ambit of rational and reasonable restrictions.[2] Presently this freedom is misused by huge media houses and even its enforcement has come into question by the recent steps taken in Kashmir.[3]
Introduction:
In dispensing justice, says Manu, one should
pay attention to the truth. A witness who deposes truthfully in a proceeding
attains the highest worlds, but he who deposes falsely in the assembly of
honorable men incurs great sin. Upon his death, he falls headlong into hell.
“By truthfulness, a witness is purified, through truthfulness his merit grows,
truth must, therefore, be spoken by all witnesses.”
There are three simple ways to define truth, given from a philosophical perspective.
1.
Truth is that which corresponds to reality.
2.
Truth is that which matches its object.
3.
Truth is simply telling it as it is.
The Greek word for “truth” is aletheia, which literally means to “ un-hide” or “hide nothing”. It conveys that truth is
always available and accessible for all to see without hiding.
The earliest
civilizations only had oral communication to interact with others as and when
needed. As civilization is advancing development in science and technology
has led to the invention of various media of communication making transmission of
information from person to person, place to place unmanageably.
Role of Media in bringing truth
The daily press is
the most important organ of a democratic setup. It offers us a lot of news
about the day-to-day happenings of the world. Thus, it keeps us always alive
to goings on of the globe. It serves as a means of reflecting public opinion
and molding public opinion. It is a vehicle of expression, education, and
enlightenment. It is a source of entertainment. It also serves as a medium of
advertising and publication.
Democracy needs
media. Democracy means people’s rule. The political system of government is
part of Society. The impact of media is there more in elections. Media can make
and unmake the government in a democratic System. Media is a great influencer.
We are afraid that
truth is suppressed. Today, the media is exhaustive. Whether positive or
negative. When the facts are more and more added or exhausted the people are
also missing. The political monopoly of media means Political authorities into
legitimate. authority of media. People do not get about the real picture of what
is going on, therefore people are misled by the colored picture, and as a result, the truth is suppressed in ignorant.
The constitutional guarantee of media:
Preamble- liberty of belief, faith, liberty of
thought, expression, and worship. Guarantees fundamental Right under Article
19(1)(a)- Freedom of expression to all citizens in India but not foreigners and simultaneously, it includes freedom of the press.
Freedom of the press means freedom from interference from an authority that would have the effect of interference with the content and
circulation of newspapers. It is, therefore, the primary duty of all the
national courts to uphold the said freedom and invalidate all laws or
administrative actions which interfere with it contrary to the constitutional
mandate.[4]
An essential pre-requisite of a democratic form of Government—Is part of freedom of speech and
expression—But it is not absolutely unlimited and unfettered—Certain restrictions
are essential.[5]
“Freedom of the press” is
not specifically mentioned in article 19 (1) (a) of the constitution and it is
only mentioned that “Freedom of speech and expression”.
Freedom of
expression has four broad social purposes to serve (1) it helps an individual to
attain self-fulfilment; (ii) it assists in the discovery of truth; (iii) it
strengthens the capacity of an individual in participating in decision-making; and
(iv) it provides a mechanism by which il would be possible to establish a
reasonable balance between stability and social
change.[6] Liberty to speech and expression
guaranteed by Article 19(1)(a) brings within its ambit the corresponding duty
and responsibility and puts limitations on the exercise of that liberty.[7]
Freedoms granted by Article 19(1) are not absolute. It can best be described as
'qualified fundamental rights'.[8]
Freedom of
speech and expression forms the foundational basis of all other fundamental
rights.[9]
“Freedom of the press”
means the absence of interference by the state except insofar as it is authorized
by the constitution and by law. “Freedom
of the press” is freedom of the media is a legal and social principle linked to
the fundamental human right to a free opinion. (That is freedom of expression.) In India, freedom of the press is treated as part
of the freedom of speech and expression guaranteed by article 19 (1) (a) of the
constitution. The Indian constitution guarantees the “freedom of speech and
expression” as a fundamental right of every citizen of India.
Freedom of the press maintains virtual ideas and ethical codes. It expresses the right to expression, the Preamble, liberty of faith,
worship, and speech. The constitution basically recognized the freedom of speech.
Democracysustainsonly freedom of speech and expression. Article 19(1)(a) of the
Indian
Ø
Case Law:-
1.
Maneka Gandhi Vs Union of India (AIR 1978 SC 597): Freedom of speech and
expression has no geographical limitation and it carries with it, the right of
a citizen to gather information and to exchange thought with others not only in
India but abroad also.
2.
Romesh Thaper Vs State of Madras (AIR 1950 SC 124)
3.
Life Insurance Corporation of India Vs Manubhai D. Shah [(1992) 3SCC
637]
4.
Odyssey communication limited Vs LokvidayanSanghatan (AIR 1988 SC 1642)
5.
Sakal Papers (P) Ltd Vs Union of
India (AIR 1962 SC 305)
6.
Bennett Coleman and Company Vs Union of
India [1973 AIR106 1973 SCR (2) 7571972 SCC (2)788]
7.
Hamdard DawaKuan (WAKF) lalKuan Vs Union of India[SCR 1960(2) 671]
8.
TATA Press Ltd Vs Mahanagar Telephone Nigam Ltd.[1995 AIR 2438 1995
SCC(5) 139 JT 1995(5)647 1995 SCALE (4) 595]
9.
Union of India Vs Association for democratic reforms(2002AIR 2112)
10. Ministry information and broadcasting Vs
Cricket Association of Bengal.[1995 AIR 1236,1995 SCC(2) 161]
11. K.A.Abbas Vs Union of India[1971 AIR 481 1971
SCR (2) 446 1970 SCC(2) 780]
12. Bijoe Emmanuel Vs State of Kerala [1987 AIR
748 1986 SCR(3) 518 1986 SCC(3) 615 JT 1986 SCALE(2) 217]
13. Chintaman Rao Vs State of M.P (1951SC118)
14. Sushila Saw Mill Vs State of Orissa [1995 AIR
2484 1995SCC (5) 615 1995 SCALE(4) 776]
Role of the Press in Democracy
Freedom of the press states that expression and
communication through published media like print and video is our right. A
government should not interfere with this freedom or sensor media that’s
critical of State power. Freedom of the press is an essential part of democracy
for years. Freedom of the press is needed for democracy because it is one of its
pillars. Without this, the citizens will
not get information about the actual happenings and events, whether good or
bad in society. So, Freedom for the
press is required as it places a key role in democracy and in defending the freedom
of expression.
·
A free press fights for the truth, freedom of the press is necessary because a
free press uncovers the truth.
·
A free press holds power accountable.
·
A free press conveys to us about legal threats, government harassment, and
physical violence.
·
A free press informs voters and strengthens democracy.
Generally, individuals
cannot get sufficient information on their own to make informed decisions on
public matters, so they rely on the media to provide information.
[1]Article 19 (1) (a) of the Constitution of India, 1950.
[2]Article 19 (2) of the Constitution of
India, 1950.
[3]During and aftermath of the abrogation of Article 370 (Special Status to
Jammu and Kashmir) of the Constitution of India, 1950.
[4]Indian Express Newspapers (J30mbay)
Private Ltd. v. Union of India, (1985) 1 SCC 614: AIR 1986 SC 515.
[5]In re, Flarijai Singh and another, AIR 1997 SC 73.
[6]Indian
Express Newspapers (Bombay) Private Ltd. v. Union Of India' (1985) 1 SCC 614: AIR 1986 SC 515.
[7]In re v. Dr. Saxena, AIR 1996 SC
2481.
[8]Indian Hotel and Restaurant
Association (A.H.A.R.) v. State of Maharashtra, AIR 2006 (NOC) 901 (Born) : AIR
2006 (3) Born R 7541.
[9]Indian Hotel and Restaurant
Association (A.II.A.R.) v. State of Maharashtra, AIR 2006 (NOC) 901 (Born) :
AIR 2006 (3) Born R 7541.
Good work 👍
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