INTRODUCTION
If democracy is the building then freedom of press is the laying foundation. This analogy, though the most rudimentary one, describes the cause and effect relationship between these two variables in the simplest ways. Democracy became the most accepted form of governance all over the globe. But there exists different shades of democracy. Irrespective of this variability, the undisputed concurrence over, media being a strong pillar upon which democracy thrives falls in line with the paradigm of this paper.
The great philosophers and leaders of all times have not only recognized the superiority of freedom of press but also defined it. As Thomas Jefferson said,
“Were it left me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate to choose the latter”.
The same vibes echoed in the ideas of our first Prime Minister Jawaharlal Nehru.
“I would rather have a completely free press, with all the dangers involved in the wrong use of that freedom, than a suppressed or regulated press”.
The true spirit of press and media, be it visual, printed or audio, as is realized today was never the same throughout. Both the concepts of democracy and media had their struggle and finally got intertwined in the 17th century. Specifically talking about the Indian sub-continent the express mention of freedom of press is absent in the Indian Constitution. The debate was won in favor of not explicitly mentioning the same because
“The press is simply another way of describing a citizen or an individual”
So, when an editor writes in a newspaper, she or he is exercising their freedom of speech and expression. Hence, the freedom of press emanates from the freedom of speech and expression under Article 19(1)(a). With such a narrow scope, the ambit of freedom of press in the name of preserving and promoting democracy was widened by the active participation of the judiciary.
The following questions are attempted to be answered-
Conceptualizing the concepts of Democracy and Media
Scrutinizing the role of media in a democratic setup
Why the role of media is so essential for any democratic country like India.
THE HISTORY OF MEDIA AND PRESS
Earlier, the media performed functions under the surveillance of the government. Anything that questioned the authority of the State, as penalised or shut altogether in the worst cases. The overreaching state defeated the whole purpose of the media and press.
The concept of suppressing the press was imbibed in every tyrannical rule that history ever witnessed. Questioning the authority, as was done by ‘The Bengal Gazette’ also known as “Calcutta General Advertiser” was later stopped because handling criticism was out of British league. The timeline goes on with Censorship of Press Act 1799, Licensing Regulation of 1823, Metcalfe Act of 1835, Licensing Act of 1857, Vernacular Press Act 1878, Indian Press Act of 1910, Indian Press (Emergency) Powers Act 1931. All of these legislation though were labelled with different names and issued in different chronological order yet shared one thing in common- regulation of State over Media. Be it bringing the content of the newspaper before publication to government scrutiny or imposing restrictions on newspapers of regional languages only and reserving the right to stop publishing and circulating any news and just to vanquish even the slightest possibility of any rebellion.
Before Independence, there was no constitutional or legislative protection given to either citizens or the whole media corporation. The press might, at most, claim some common law freedom, as the Privy Council noted in Channing Arnold v. King Emperor.
The court observed,
“The journalist's freedom is an ordinary component of the subject's freedom, and to whatever extent the subject in general may go, so may the journalist, but his privilege is no other and no greater than that of the subject. His arguments, criticisms, and opinions cover a wide range of topics, but no more so than any other”.
It might be the realized truth by all overarching governance that the media is powerful. The strength it beholds in itself is capable of denying their regime and overthrowing them. But, the tighter you hold, the faster the sand escapes. Even with such stringent rules and regulation, media finally found its way to liberation which in turn led to the liberation of civilization. The consensus was to incorporate media’s freedom in the governance of various countries like the USA through the First Amendment of the American Constitution and Sweden became the torch bearer for the rest of the world.
This led to the expansive role and responsibility of media and press as mentioned below
To provide fair information to common man without any staining
Vigorously expanding the thoughtfulness of people is of extreme importance especially in a country like India where the majority is meagerly literate.
Introducing proper way against the people who are approached of any anti-social activities, irrespective of any political background
Imbibe harmony and foster faith in democracy.
Each of these aforementioned duties of the media, if adhered to truthfully, would lead to a sense of appreciation among all Indians.
DEEPENED DEMOCRACY THROUGH MEDIA
The most rudimentary definition of democracy is the governance of, for and by the people. This simply means, it is the people who have the ultimate power. But what use would it serve if people cannot speak or express themselves? If just the mere election would serve the purpose of a democratic rule then North Korea would also be considered a democracy.
The enabling tool of expression of one's views, questioning the government and also making them accountable are added dimensions of a true democracy. India is not a democracy unless criticized. Criticism forms the backbone of democracy. People would be eligible to criticize the government if they are well informed. That is where the media steps in. Free and thorough reporting, criticism, and discussion all contribute to a greater popular awareness of the rule of law and the whole judicial system. It's like a mirror reflecting the genuine reality, which may be cruel at times. The media reveals flaws in the democratic system, allowing the government to fill up the gaps and make the system more transparent, responsive, and democratically friendly. As a result, democracy without the media is like a car without wheels.
The conduit between media and general public works as a highly strong weapon that has the potential to shape and break public opinion. It has the ability to change people's minds or elicit emotions. This is why the general public trusts it and believes it blindly. People's hearts and minds are ruled by the media, which includes newspapers, television, and film.
EVOLUTION; THROUGH CASE LAWS
Both the judiciary and the media have the same goal in mind: to find the truth, protect democratic ideals, and address social, political, and economic issues. In reality, the media has been dubbed the "handmaiden of justice," "watchdog of society," "justice distributor," and "catalyst for social improvements." As a result, both are necessary for the advancement of civic society. These two cornerstones of democracy, however, may clash.
The harmonious construction is rather seen in the following
"One-sided information, deception, distortion, and non-information, all equally generate an uneducated populace, which renders democracy a farce,"
the Hon'ble Supreme Court stated in Union of India vs Association for Democratic Reforms . The ability to give and receive information, as well as the freedom to have ideas, are all elements of freedom of speech and expression.
The court ruled in Indian Express Newspapers vs Union of India that
The press plays a critical role in the democratic process. The courts have a responsibility to protect journalistic freedom by declaring any legislation and administrative measures that restrict it unconstitutional. There are three components to press freedom. Freedom of access to all sources of knowledge, freedom of publishing, and freedom of circulation are the three.
"Freedom of speech and the press lay at the foundation of all democratic organization,"
"For without free political discussion, no public education, so essential for the proper functioning of the process of popular government, is possible." The Government of Madras prohibited the entrance and dissemination of the English periodical "Cross Road," which was printed and published in Bombay. The same was found to be a violation of freedom of speech and expression since "publication would be of little value without the freedom of circulation."
There have been several occasions where the legislature has stifled journalistic freedom. The Daily Newspapers (Price and Page) Order, 1960, which limited the number of pages and size that a daily might print for a fee, was found to be a violation of press freedom and not a reasonable limitation under Article 19 in Sakal Papers vs Union of India. The constitutionality of the Newsprint Control Order, which set the maximum number of pages, was also ruled down by the Court in Bennett Coleman and Co. v/s Union of India, which found it to be a violation of Article 19(1)(a) and not a reasonable restriction under Article 19(1)(b) (2). The Court also turned down the government's claim that it would cooperate with the investigation.
THE PRESENT DAY
The current media scenario appears to be eerily similar to the one during the 1975-1977 "internal disturbance," when the press's activities were tightly regulated. The media houses were subjected to stringent instructions during the time, which resulted in the loss of press freedom.
As a taint to this pristine model, India's ranking in the Reporters Without Borders press freedom rating has plummeted from 136th in 2015 to 142nd in 2020 during Prime Minister Narendra Modi's government.
-Aaryaman Trivedi, a country's entry-level freelance writer.
Publication houses exist by being in the good graces of elected officials who, as Trivedi puts it, " cannot survive without their own individually manufactured political truths."
CONCLUSION
Through this paper, the discerning opinion formed is that freedom of press is crucial for India, like any other democracy in the world. It has been seventy-seven years since India became a republic and the start of the Constitution, and our democracy has seen many ups and downs, as has the press. As citizens of the world's greatest democracy, we should recall Rajiv Gandhi's words:
"Independence of Press is an Article of Faith with us, hallowed by our Constitution, affirmed by four decades of freedom, and crucial to our destiny as a Nation."
If the media works within the bounds of Article 19(2) then the power bestowed on the media can be fettered. Striking the balance is though difficult yet necessary for good governance. The moment has come for the press of the world's greatest democracy to collaborate with the court for the benefit of its citizens. The day will come when there will be no more eclipses of injustice, and the light of justice will shine brilliantly for all eternity.
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