Scribd
Upload
143 views6 pages

Media Ethics and Law Lecture 1 Freedom of Speech and Expression

The document discusses freedom of the press and expression in India. It defines freedom of the press as minimal interference from the state in print, audio, video and digital media. Free press is important for democracy as it allows citizens to make informed decisions. The constitution protects freedom of speech under Article 19, but also lists reasonable restrictions. Important Supreme Court cases have upheld this freedom while striking down overreaching laws. A free press acts as a watchdog on government and spreads awareness of social issues, but growing threats include intimidation of journalists and corporate influence over media.

Uploaded by

Jitesh Pandey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
143 views6 pages

Media Ethics and Law Lecture 1 Freedom of Speech and Expression

The document discusses freedom of the press and expression in India. It defines freedom of the press as minimal interference from the state in print, audio, video and digital media. Free press is important for democracy as it allows citizens to make informed decisions. The constitution protects freedom of speech under Article 19, but also lists reasonable restrictions. Important Supreme Court cases have upheld this freedom while striking down overreaching laws. A free press acts as a watchdog on government and spreads awareness of social issues, but growing threats include intimidation of journalists and corporate influence over media.

Uploaded by

Jitesh Pandey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 6

Freedom of Speech and Expression

In the world’s largest democracy, the freedom of speech and expression is the
most crucial fundamental right availed to the citizens by the constitution. The
media is considered as the fourth pillar of democracy and it plays a vital role in
a country’s social, political, economical and international affairs. Thus, it goes
without saying that free press is a sine qua non for a democracy to survive and
thrive and preserve the ethos of good and transparent governance.

What is Freedom of Press?

Freedom of the press refers to the minimal interference of the state in the
operation of press on any form of communication including, print (newspapers,
magazines, journals, reports); audio (radios, podcasts); video (news channels,
OTT platforms like YouTube) and over other electronic mediums like news
apps, social media feeds, etc. 

The liberty of the press in the words of Lord Mansfield is, “consists of printing
without any license subject to the consequences of law”. Therefore, we can
conclude that freedom of the press refers to having the freedom to express what
one pleases without any prior permission from law.

Why Freedom of the Press?

As per Indian Newspapers v Union of India, the objective of the press is to


supplement the public interest by printing the facts and opinions without which
the citizens of the country cannot make well informed rational judgments.
Freedom of the press is in the crux of social and political inter-course. It is the
paramount duty of the judiciary to prop the freedom of the press and refute all
laws and executive actions that interfere with it as opposed to the constitutional
provisions.

Press is a medium of availing knowledge and spreading the vital information of


events, developments, incidents of national interest to the whole nation and thus
free and fair operation of the press makes the backbone of civil society which is
capable of critical and independent thinking and forms its opinion about the
country and the government after scrutinizing the facts of the situation wisely.

Article 19 and Freedom of Press

Article 19 (1) of the Indian Constitution says that All citizens shall have the
right a) to freedom of speech and expression; b) to assemble peaceably and
without arms; c) to form associations or unions; d) to move freely throughout
the territory of India; e) to reside and settle in any part of the territory of India;
f) to practice any profession, or to carry on any occupation, trade or business.

The Right of freedom of Speech and Expression implies that every citizen has
the rights to express his views, opinions, belief, and convictions freely by
mouth, writing, printing or through any other methods.

The exercise of this right is, however, subject to reasonable restrictions for
certain purposes being imposed under Article 19(2) of the Constitution of India.

The Grounds on Which This Freedom Could Be Restricted Clause (2) of Article
19 of the Indian constitution imposes certain restrictions on free speech under
following heads: 1. security of the State, 2. friendly relations with foreign States
3. public order, 4. decency and morality, 5. contempt of court, 6. defamation, 7.
incitement to an offence, and 8. sovereignty and integrity of India.

Landmark Judgements of the Supreme Court of India.

1. Sakal Vs. Union of India.


The constitutional validity of the Newspaper Act, 1956 and Newspaper
order 1960 were challenged.
Govt. were regulating Prices of Newspaper allocation of space for
advertisements.
The court held that the right to freedom of speech cannot be taken away
from a company Newspaper Order were said to be unconstitutional by the
Supreme Court of India.
2. Hamdard Dawakhana Vs. Union of India
The validity of the Drug and Magic Remedies (Objectionable
Advertisement) Act, was challenged on
The Supreme Court held that an advertisement is no doubt a form of
speech but every advertisement was held to be dealing with commerce or
trade and not for propagating ideas
Advertisement of prohibited drugs would, therefore, not fall within the
scope of Article 19(1) (a).
3. Indian Express Vs. Union of India .
The petitioners challenged the import duty on newsprint under the
Customs Tariff Act 1975 and the auxiliary duty under the Finance Act
1981, as modified by a notification under the Customs Act 1962 with
effect from March 1, 1981.
The Supreme Court of India in this case held that Article 19 of the Indian
Constitution does not use the phrase “freedom of press” in its language,
but it is contained within Article 19(1) (a).
4. A ABBAS Vs. Union of India
The issue of censorship of films under Article 19(2) was mentioned in
this case in front of the Supreme Court of India.
It was held by the court that “it had been almost universally recognized
that motion pictures must be treated differently from other forms of art
and expression
Hence the court upheld the censorship on the film and the case was
dismissed.
5. Emmanuel vs State of Kerala
In Kerala,  3 children were expelled from the school for refusing to sing
the national anthem, although they stood respectfully when the same was
being sung.
Kerala High Court which upheld the expulsion as valid and on the ground
that it was their fundamental duty to sing the national anthem.
The Supreme Court later held that the expulsion of school children
merely for not singing the national anthem was a direct violation of their
right to freedom of expression.
Article 19(1) (a), also includes the freedom of silence as fundamental
right.

Significance of freedom of press for any country:

1. Strengthening a nation: Free media works towards strengthening the


sovereignty and integrity of a nation.
2. Fundamental to a democratic society:The freedom of press is
fundamental to a democratic society like India for it is helpful in
strengthening democracy.
3. Check on Government and Administrators: An independent press and
news-media press acts as an important check on Government and
Administrators.
4. Voice against any social ill or wrong: It is also responsible to raise
voice against any social ill or wrong.
5. Acts for the public: At national, regional and local level, it is the
public’s voice, activist and guardian as well as educator, entertainer and
contemporary chronicler.
6. Source of information: An unbiased information is important for a
democracy and its growth. Media help in providing critical information to
citizens. E.g data on economy, health, education etc. must be correct and
accurate without any bias toward government.
7. Educate: Media is important to educate people on issues that are of
utmost important for the society. E.g Increasing number of rape cases are
threat to society. It is important to report exact number of cases and help
in sensitising the society.
8. Awareness: Media make society aware of their democratic rights and
fight the three institutions of democracy.
9. Watchdog: Media reporting on public affairs and investigations into
wrongdoing in the administration of public affairs is must for a healthy
democracy. This includes exposing frauds or corruption cases that
personally benefit politicians. This help citizens to vote the best
government defeating corrupt and dishonest government.
10.Good Governance: Media plays an important role in audit of the
government policies and spending. An unbiased media is important for
transparent reporting.
Growing threat to freedom of press in India:
1. India slipped two points on the World Press Freedom Index ranking and
India’s ranking reflects growing bitterness towards journalists.
2. The antagonism towards the media which is openly encouraged by
political leaders poses a great threat to democracy.
3. Government’s pressure in the name of Regulation, bombardment of fake
news and over influence of Social media is dangerous for the occupation.
Security of journalists is the biggest issue. Killings and Assaults on the
Journalists covering sensitive issues are very common.
4. Section 124a of IPC under which sedition is punishable by life
imprisonment also endanger freedom of journalists.
5. Hate speech targeting journalists shared and amplified on social networks
are targeted against journalists using social media.
6. Corruption-paid news, advertorials and fake news are threat to free and
unbiased media.
7. Corporate and political power has overwhelmed large sections of the
media, both print and visual, which lead to vested interests and destroy
freedom.

You might also like