Q: The expression" Freedom of Press has not been used in Article 19 but it is comprehended within Article 19(1)(a). Comment and discuss as to what do you understand by " Freedom of Press" and how it is safeguarded by the courts ?

Ans: In India, freedom of the press is implied from the freedom of speech and expression guaranteed by Art. 19(1) (a). There is no specific provision ensuring freedom of the press as such.

Freedom of press or media refers to the rights given by the Constitution of India under the freedom and expression of speech in Article 19(1)(a).

Freedom of press and media is widely recognised in India. It does have reasonable restrictions under Article 19(2) to protect the safety of the people of the nation.

The restrictions can be imposed in case of threats against:

Sovereignty and integrity of India

Security of the State

Friendly relations with foreign states

Public order, decency or morality

Contempt of court

Defamation

Incitement to an offence

World Press Freedom Day was celebrated on May 3rd which acts as a reminder for all governments to respect the rights of media and press institutions around the world. It also substitutes as a day for all media bodies to reflect on the restrictions imposed and on the progress of accepting media freedom among different platforms.

Freedom of Press is important in media due to following reasons:

1. Free exchange of ideas: The press inspires people to think beyond the social norms and renders a platform to exchange ideas and thoughts that deserve to be heard by people all around the nation.

2. Holding the person or body accountable for their actions: Often, people try to cover up their actions and settle a case without bringing the media into it. The press brings to light such situations and makes sure that justice is served correctly with the backing of the common people.

3. Voice of the people: The press acts as a channel which writes as well as speaks the thoughts of the majority of people. It focuses on the issues that are suppressed and brings forward the ones that should be talked about.

4. Fourth pillar of democracy: Since the media is an independent body that challenges the Government, it can be referred to as the fourth pillar of democracy alongside the judiciary, legislative and executive bodies of the Government.

Venkataramiah J. of the Supreme Court of India in Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India has stated: “In today’s free world, freedom of the press is the heart of social and political intercourse. The press has now assumed the role of the public educator making formal and non-formal education possible on a large scale, particularly in the developing world, where television and other kinds of modern communication are not still available for all sections of society. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate (Government) cannot make responsible judgments. Newspapers being purveyors of news and views having a bearing on public administration very often carry material which would not be palatable to Governments and other authorities.”