Freedom of Press

IN NEWS:

• Recently, CJI DY Chandrachud said that the press must remain free if a country is to remain a democracy.
• He said that a functional and healthy democracy must encourage the development of journalism as an institution that can ask difficult questions to the establishment, or, as it is commonly known, "speak truth to power".

INDIAN PRESS:

History:

• The first newspaper in India is credited to James Augustus Hickey, who launched The Bengal Gazette, also the Calcutta General Advertiser, in 1780.
• Several other newspapers followed such as The Bengal Journal, Calcutta Chronicle, Madras Courier, and Bombay Herald. However, many of them were curtailed by censorship measures imposed by the British East India Company.
• The most stringent regulations on the freedom of the press in India was the Vernacular Press Act of 1878, introduced by then Viceroy, Lord Lytton. It was an attempt to prevent the vernacular press from criticising British policies.
• Right from the early days itself, freedom of the press had been high on nationalist agenda. As early as 1824, Raja Rammohan Roy had protested against a resolution restricting the freedom of the press.
• After Independence, the Press Enquiry Committee was set up in 1947 with the aim of examining press laws in the light of fundamental rights formulated by the Constituent Assembly.

Present system:

• Freedom of press is implied from the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India.
• However, the freedom of the press is not absolute.
• Article 19(1)(2) lays down reasonable limitations to the freedom of expression in matters affecting Sovereignty and integrity of the State, friendly relations with foreign countries, public order, decency and morality, Contempt of court etc.
• There are as many as 52 laws that relate to media in the country. But there is no formal body that exclusively deals with the freedom of Press.
• The Press Council of India was constituted in 1966 as an autonomous, statutory, quasi-judicial body, with the objective of preserving the freedom of the press and of maintaining and improving the standards of Press in India.
• Other self-regulatory organisations such as News Broadcasters Association (NBA) and Broadcast Editors Association (BEA) were established that self regulates the news content aired on television.
• The electronic media complies with the guidelines of Central News Media Accreditation Guidelines, 1999, which falls under the Central Press Accreditation Committee that grants accreditation to the representatives of media organisations.
• In addition to the media specific legislation, Section 69A of the Information Technology Act empowers the governments to direct any agency of the government or intermediary to block any information in digital media.

WHY IS FREEDOM OF THE PRESS IMPORTANT IN A DEMOCRACY?

• Media sparks debates and discussions:
  • The media sparks debates and discussions, which are crucial because democracy means dialogue, debate, and discussion.
  • For instance, in India, the media’s coverage of the rape of Nirbhaya in Delhi resulted in widespread protests and later in reforms to criminal law.
  • Even on a day-to-day basis, some news stories prompt questions and discussion in Parliament and in the legislative assemblies of states.
• Informs voters and strengthens democracy:
  • Informed voting is an important reason why freedom of the press is so important, as democracies only thrive when voters are as informed as possible.
  • Being informed ensures people understand the issues at hand and what policies and politicians best represent them.
  • The press is the body that informs by analysing information, encouraging discussion, and fact-checking. The freer the press, the better informed voters can be. 
• Free press uncovers the truth:
  • Freedom of the press matters because a free press uncovers the truth. Without newspapers, radio shows, blogs, etc., the average person would have little to no knowledge of what’s going on around them.
  • Most people lack the time and resources to investigate issues and stories that affect them and their communities. The best journalists know what questions to ask, what leads to pursue, and how to fact-check.
  • Fact-checking is a vital element of a free press. If the press is not able to fact-check safely and effectively, the truth remains buried.
• Ensure transparency and accountability:
  • Independent and free media have a crucial role to play in the good governance of democratic societies by ensuring transparency and accountability and promoting participation and the rule of law.
  • Free press serves as a watchdog on power. For instance, in the case of corruption and human rights violations, etc., a free press is essential to exposing abuses of power.

THREATS TO PRESS FREEDOM IN INDIA:

• Attacks against journalists:
  • Incidents of violence against journalists have been on the rise. Many were physically harmed and four journalists had been murdered in India for their work in 2021.
• Intimidation:
  • In recent times, extremely violent social media campaigns have openly called for condemnation of journalists who are critical of the government and have been labelling them as “anti-national” or “anti-state”.
  • India had the third highest cases of intimidation against female reporters.
• Indiscriminate use of laws:
  • Criminal cases and arrests are increasingly used against journalists rejecting the official narrative. Journalists are arrested and imprisoned on sedition charges, or detained under the preventive detention laws like NSA or UAPA.
  • Eg: Telugu news channels TV5 and ABN Andhra Jyothi were charged with sedition for allegedly broadcasting speeches made by an MP criticizing the government on its handling of COVID crisis.
• Unethical media practices:
  • Paid news, advertorials, fake news and unethical business practices in media are threats to free and unbiased media in India.
  • Eg: The alleged TRP manipulation scam of 2020, involved the alleged inflation by some television channels of their viewership ratings.
• Corporatization of media:
  • Today, many of India’s leading media houses are owned by large corporates. This restricts the autonomy of journalists and they are forced to align with the interests of corporate.
  • There have been several allegations that journalists critical of the ruling party were sacked, retrenched or asked for voluntary resignations by media owners due to pressure from political parties.
• Weak regulatory powers:
  • There is no single legislation covering the entire news media in India.
  • Also, the Press council has limited powers to regulate media. Its directions are advisory in nature and not enforceable. It also has limited control over digital media.
• Rise of digital news aggregators:
  • With the rise of internet and social media, content aggregation sites like DailyHunt and Inshorts have become a major source of news. However, many of these aggregators rarely pay for the original source of news.
• Lack of financial security:
  • The coronavirus has sent the economies hurtling downwards, resulting in massive layoffs and record unemployment. The same is reflected in the job security of journalists, despite media being considered ‘essential service’ status during the pandemic.

WAY FORWARD:

In response to the dismal rank in the press freedom index, the Union government had set up a committee called the ‘Index Monitoring Cell’ (IMC).  The committee concluded that the media is doing well and that India’s poor score is not in line with the ground situation, but is the product of “western bias”. However, the committee has made several key recommendations for improving India’s performance. They include:

• Establishment of Media Council of India:
  • The Press Council of India be recast as the ‘Media Council of India’ to cover the entire gamut of media, i.e., newspapers, periodicals, e-newspapers, news portals, social media and any other news platform.
• Security for Journalists:
  • Legal and Administrative:
    • Review the various archaic and colonial laws impacting press freedom in India
    • Consent of the Press Council of India may be made mandatory for filing an FIR against a media.
    • Time-bound investigation and filing of charge sheet by authorities may be made mandatory in matters related to journalistic expression.
  • Financial Security of Journalists:
    • Create a ‘Journalists Welfare Fund’, as proposed by the Press Council of India in 2015.
    • Enact a single legislation/scheme for the welfare of journalists.
    • Implement the recommendations of Majithia Wage Board.
  • Physical safety of Journalists:
    • Insurance schemes for media persons working in life-threatening circumstances.
    • Access to welfare measures and schemes announced by Union and State Governments.
    • Provision of bullet-proof identifiable jackets, helmets, etc. wherever required.
• Re-skilling and upskilling of journalists:
  • Online capacity building courses, frequent workshops and other short-duration programmes may be offered for journalists to aid in capacity building of the industry.
• Coordination within Ministries/Departments:
  • Information & Broadcasting ministry may coordinate with law ministry on legal amendments, with Home Ministry regarding sensitisation of police and with Ministry of Labour on implementation of Majithia Wage Board recommendations across the country.
• Widen the ambit of accreditation:
  • Compile a list of working journalists in the field throughout the country. This can help extend social security benefits to the journalists.

PRACTICE QUESTION:

Q. “Press must remain free if a country is to remain a democracy”. Discuss why freedom of the press is important in a democracy.