Freedom of press in India
- ByAdmin --
- 12 Aug 2024 --
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Freedom of press in India
- A free press is a fundamental component of freedom of expression and is necessary for a democratic society.
- Press freedom allows journalists and media organizations to operate without censorship or interference from the government.
- Freedom of the media allows for the free exchange of ideas, information, and differing points of view, which is essential to the smooth operation of democracy
- A free press can inform the public about government agencies and their accomplishments, holding them accountable.
Press freedom laws:
Article 19(1) (a) of the Indian Constitution grants the freedom of the press and media, which in turn relates to the freedom of speech.
Article 19: Fundamental Liberties
1) Freedom of speech and expression is a fundamental right guaranteed to all people;
2) The Constitution makes no specific reference of press freedom. Nonetheless, it has been unquestionably determined in the Brij Bhushan and others vs. The State of Delhi (1950) case to be a crucial component of the freedom of speech and expression and is implied under Article 19(1) (a).
Article 19 (2)
However, Article 19(2) imposes reasonable constraints for certain objectives that must be met in order to use this freedom.
Article 19(2) stipulates that limitations on the right to freedom of speech and expression may be imposed for the following reasons: 1. India's sovereignty and integrity; 2. the State's security; 3. amicable relations with foreign states; 4. public order, decency, or morality; 5. in regards to contempt of court; 6. defamation; and 7. incitement to an offence.
Press rights in India include the following:
• the ability to publish and disseminate information. This part of the press's freedom of speech and expression include the ability to disseminate information and viewpoints.
• Right to dissent: Press freedom includes the freedom to express opinions that are unpopular or unusual as well as the freedom to criticize the government.
• Right to information: The Right to Information Act of 2005 grants Indian individuals, including the media, the ability to request information from public agencies.
• Right to report court proceedings: Journalists are entitled to both the right to see and hear court proceedings, as well as the right to publish an accurate report of such events. In the interest of justice, courts also have the authority to limit the publicizing of proceedings.
Additionally, exercising the freedom of the press entails:
• Article 19( 1) allows for the criticism, commentary, and humor of government policies on social media.
Every person has the freedom to voice their opinions and to criticize in a democratic nation like India. Citizens have a right to voice their opinions and critiques, and government policies and projects are no exception. The Indian constitution's Article 19(1) (a) significantly safeguarded and guaranteed the right to freedom of speech and expression.
• Humour is not sedition
Anyone who attempts, by speech, words, or gestures, to incite hate, contempt, or discontent towards the government is guilty of sedition under section 124 of the Indian Penal Code.
The new Bharatiya Nyaya Sanhita, 2023 will substitute Section 150 for Section 124 A.
The new bill's Section 150 makes "acts endangering sovereignty, unity, and integrity of India" illegal.
Jokes that are contested are usually assessed in front of broad domestic and international free speech laws.
• Criticism does not equate to defamation.
If a criticism defies the Indian Penal Code, 1860, it is punishable under Section 499. Writing, photographs, drawings, caricatures, or effigies that intentionally damage someone's reputation or inspire hatred or disgrace toward them are prohibited.
It won't be considered defamation if the newspaper criticism was offered in good faith or had something to do with a significant issue of public interest.
Defamation is still covered by section 356 of the BNS as per the new Bharatiya Nyaya Sanhita, 2023.
The Delhi High Court said in Mahua Moitra v. ED, 2024 SCC OnLine Del 1264 that publications on prominent figures' private lives cannot be restricted by the government or by court orders unless they constitute harassment or an infringement on their privacy.
The petitioner is a public figure, and the newspaper cuttings about her investigation are not about her personal life; rather, the court stated that they represent reports about the ongoing inquiry against her.
Conclusion:
In order to preserve democracy and promote an open and responsible government, a free press is essential. Nonetheless, governments have never refrained from stifling the media through the application of colonial-era legislation, such as those pertaining to defamation, sedition, and anti-state actions. In order to address the issue of press freedom in India, several parties will need to work together.
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