FREEDOM OF PRESS AND PRINT NEWS

Submitted by-

Reda Tayyaba

Roll no- 45

BAL.L.B(HONS)

17-22 self-finance

Faculty of Law

Jamia Millia Islamia

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 INTRODUCTION

In this paper we will be discussing about the Freedom of Press and Print News and its role and
evolution and different aspects regarding the same. For the peaceful democratic functioning of a
society, freedom of expression has always been emphasized as an essential and fundamental base
of the society. Freedom of speech and expression which includes the freedom of press is
considered as the backbone of the democratic society. The Press plays an important role because
it provides with all the comprehensive and objective information of all aspects of the country’s
Economic, Political, Social, and Cultural aspects.

In a democratic set up the press can act as a bridge between the government and the people. That
is why this right is very important at the stage of the formation of the government. Democracy
cannot survive without this right. Press is the fourth pillar of democracy, which exercises this
right of freedom of speech and expression.

The rights originate from the US constitution. The role of media is important as a feedback,
exposure, and channel mechanism in all countries. Most citizens receive their information about
what is going on in the government, and how it affects them, through the filter of the print and
press media.

The print media include all newspapers, newsletters, booklets, pamphlets, magazines, and other
printed publications, especially those that sell advertising space as a means of increasing
revenue. The print media in India is a long way from being dead if the official report on the state
of the print publications is anything to go by.

Article 19(1) (a) of the Indian Constitution, which gives freedom of speech and expression
includes within its ambit, freedom of press. The existence of a free, independent and powerful
media is the essential part of a democracy, especially of a highly mixed society like India. Media
is not only a medium to express once feelings, opinions and views, but it is also responsible and
instrumental for building opinions and views on various topics of regional, national and
international agenda.

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Historical Background

The Indian Press has a long history right from the times of British rule in the country. The British
Government enacted a number of legislations to control the press, like the Indian Press Act,
1910, then in 1931-32 the Indian Press (Emergency) Act etc. During the framing of the
Constitution, the founding fathers bestowed enormous significance to Freedom of the Press. B.
N. Rao, the Constitutional Advisor to the Constituent Assembly assured that freedom of the press
was included in the guarantee of freedom of speech and expression and it was hardly necessary
to provide for it specifically.

The press is a right of expression. The Constitution of India in Article 19(1) (a) lays down that
“All citizens shall have the right, to freedom of speech & expression and it includes the right to
press also.”

This concept has been warranted by the Supreme Court of India. In numerous judgments the
Supreme Court has ruled that Freedom of the Press is contained in the guarantee of freedom of
speech and expression in Article 19(1) (a) of the Constitution. The freedom of press means
freedom from interference from authority which would have the effect of interference with the
content & circulation of newspapers.1

Next is the introduction of the compulsory licensing for owning and running the printing presses
which is typically empowered by the government. This action simply means to prohibit the
publication or circulation of any newspaper, book, or other printed material. The banning of the
publication or dissemination created a commotion against the government that effectively
weakened the power of authority.

This process continued and through the years brought a relevant change and created a
fundamental right in the constitution. The entire developed article in the institution of the country
speaks about the freedom to express and expression and the birth of the Press Council in India.

1
Sakal Papers Ltd. V. UOI AIR 1962 SC 305

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In India, freedom of the press has been treated as part of the freedom of speech and expression
guaranteed by Article 19(1) (a) of the Constitution, concerning the famous case of Brij Bhushan
and Another vs. State of Delhi2, and Sakal Papers (P) Ltd vs. Union of India3, among others.
However, as mentioned in Article 19(2), reasonable restrictions can be placed on this right, in the
interest of the sovereignty and integrity of India, the security of the state, public order, decency
or morality, or in relation to contempt of court, or defamation. Hence, freedom of the media is
not absolute freedom in very meaning.

Overview of the Constitutional Provision

Article 19(1) (a) of the Indian Constitution states simply that ‘all citizens shall have the right to
freedom of speech and expression’. The associate Article, Article 19(2) qualifies this right by
providing that the State can impose reasonable restrictions on its exercise:

1. In the interests of the sovereignty and integrity of India

2. The security of the State

3. Friendly relations with foreign States

4. Public order

5. Decency or morality or in relation to contempt of Court

6. Defamation or incitement to an offense

The Indian Constitution, while not mentioning the word “press”, provides for “the right to
freedom of speech and expression” (Article 19(1) (a)). Article 19(1)(a) does not refer specifically
to the freedom of the press as says, the corresponding provision in the American Constitution,
but judicial decisions have repeatedly affirmed that the Article is sufficiently wide to include the
freedom of the press and, by extension, the freedom of other mass media also.

2
AIR 1950 SC 129
3
AIR 1962 SC 305

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In Romesh Thapar’s4 Case , and in several subsequent cases strict and narrow limits have been
placed on the Legislative powers to abridge the right conferred by Article 19(1) (a). Any
restriction on Article 19(1) (a) can only be valid if three conditions are met – It is supported by
the authority of law, The law in question is related to one or more of the permitted heads of
restrictions laid down under Article 19(2); and the restriction is reasonable. It is also necessary
that the procedure and the manner in which the restriction is imposed be just, fair and reasonable.

Media(press and print): Fourth Pillar of Democracy

Freedom of press has always been a cherished right in all democracies. Growth and development
of representative democracy are so much intertwined with the growth of press that the press has
come to be recognized as an institutional limb of modern democracy.

Speaking of democracy, political scientists and experts always say there are four pillars of
democracy, namely the judiciary, executive, legislative, and namely media. Media is an
important and inseparable part of a democratic society that we live in. It is in fact called the
fourth pillar of democracy. Before the emergence of electronic media, print media played an
important role in distribution of information to people. Over the years, a wide variety of media
like the press, television, radio, and films have been used for communication. The newspaper
not only presents facts but also gives the interpretation of facts and statements of opinions
through its editorials and also propagates ideas and ideologies. The press has therefore been
rightly described as the Fourth Pillar.

In Bennet Colman and Co. v. Union Of India5 the validity of the News print Control Order which
fixed the maximum number of pages ( 10 pages which a newspaper could published was
challenged as a violative of fundamental rights guaranteed under Article 19 (1) (a) and Article 14
of the constitution. The Supreme Court rejected this contention and approved the “effect” test
whether the “effect” of impugned law is to abridge a fundamental right, its object or subject
matter will be irreverent.

4
Romesh Thapar Vs. State of Madras, AIR 1950 SC 124
5
AIR 1973 SC 106

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In Indian Express Newspapers v. Union of India6 speaking about the utility of freedom of press
the court held - “The expression “freedom of the press” has not been issues in article 19 but it is
comprehended within article 19(1) (a). The expression means freedom from interference from
authority which would have the effect of the interference with the circulation of the newspapers
and cannot be any interference with that freedom in the name of public interest”.

In a historic judgment in R .Rajagopal v. State of Tamil Nadu7 the Supreme Court has held that
the government has no authority in law to impose a prior – restrain upon publication of
defamatory material against its officials. Public authorities who apprehend that they or their
colleagues may be defamed could not prevent the press from publications of such material, could
take action for damages after the publications of such material if they prove that the publication
was based on false facts. The court held that no actions could be initiated against the press if the
publications were based on public records including court records.

In Hamdard Dawakhana v. UOI8, the Supreme Court has held that an advertisement is no doubt
a form of speech and expression of ideas. In the present case, the advertisement was held to be
dealing with commerce or trade and not for propagating ideas. Advertisement of prohibited drugs
would thus not fall within the scope of Article 19(1) (a).

The Court made it clear that any publications containing the privacy aspects would become
unobjectionable it is enough for the press to prove that he acted after a reasonable verification of
the facts; it is not necessary for the press to prove that what is published that is true.

But in the interest of decency an exception has to be carried out to this rule, that is, the name of a
female who has victim of sexual assault, kidnapping, abduction, or a like offence should not be
published in the Press. The right of Privacy of public servants, however, stands on different
footing.

6
(1985) 1 SCC 641
7
(1994) 6 SCC 632
8
AIR 1960 SC 554

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Scope of the power of Press

It is true that there is no separate freedom for press in the Indian constitution. But it is not the
case that the press and media do not get any rights. On the contrary, various rights of press are
not only recognized, but also protected. It is the judiciary who protects the rights of the press and
media through its various thoughtful judgments. The judiciary has time and again upheld the
freedom of expression of media from the arbitrary actions of the state who has tried to curtail the
freedom of press taking various defences.

Some of the essential scopes of the print and press media are enumerated below:

1. Power to circulate the information

Effects of Media in our society

Every coin has two sides. There are both positives and negatives of one single given notion. The
media, known as the fourth pillar of democracy, has a huge impact on the society. The effects are
of course, positive as well as negative. It is up to the people to decide which effect they want to
bask in. Media such as print and press is such a powerful tool that it literally governs the
direction of our society today. It is the propeller as well as the direction provider of the society.

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 CONCLUSION

In Democracy, the Government cannot function unless the people are well informed and free to
participate in public issues by having the widest choice of alternative solutions of the problems
that arise. Articles and news are published in the press from time to time to expose the
weaknesses of the governments. The daily newspaper and the daily news on electronic media are
practically the only material which most people read and watch. The people can, therefore, be
given the full scope for thought and discussion on the public matter, if only the newspapers and
electronic media are freely allowed to represent different points of views, including those of the
opposition, without any control from the Government.

The ground realities are that a citizen is largely dependent on the press for the quality,
proportion, and the extent of news. He can seldom obtain for himself the information necessary
for the intelligent exercise of his political duties and responsibilities.

Freedom of press and print media is undoubtedly one of the basic freedoms in a democratic
society based on the Rule of law.