Supreme Court of India Upholds Press Freedom

Syllabus: GS2/Indian Polity, Fundamental Rights

Context

Recently, the Supreme Court of India ruled that criminal cases cannot be lodged against journalists merely for criticising the government.

It is a cornerstone of democratic societies, enabling the free flow of information and ideas, and holding those in power accountable. It plays a vital role in a democratic society, and serves as an agency of the people to gather news for them.
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.
It has been upheld in various landmark judgments of the Supreme Court of India.

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, defamation or incitement to an offence, as mentioned in Article 19 (2) of Constitution.
- Hence, freedom of the media is not an absolute freedom.
- While the Constitution provides for press freedom, it also mandates that the press must be responsible.

India’s ranking in the World Press Freedom Index, released by Reporters Without Borders (RSF), has seen a significant drop, falling to 161 out of 180 countries in 2023. This decline is part of a broader regional trend, with many countries in the Asia-Pacific region experiencing similar setbacks.
The Reporters Without Borders (RSF) report attributes this decline to several factors, including increased political interference, economic pressures, and threats to journalists’ safety.

Political Pressure: Media outlets often face pressure from political entities, which can lead to biassed reporting and self-censorship.
Economic Constraints: The acquisition of media outlets by business conglomerates with political ties further restricts editorial independence.
Safety Concerns: Threats and attacks on journalists have become alarmingly common, creating a climate of fear and intimidation.
Focus on Non-Issues: There is criticism that the media often diverts attention from critical issues such as poverty, unemployment, and healthcare to less significant topics, thereby not addressing the real concerns of the majority of the population.

Media associations and civil society groups have voiced their concerns over the deteriorating state of press freedom in India. The Indian Women’s Press Corps, the Press Club of India, and the Press Association have all issued statements highlighting the urgent need to address these issues.
They emphasise that insecure working conditions and hostile environments are detrimental to a free press.
Impact on Democracy: The decline in press freedom has serious implications for Indian democracy. A free and independent press is essential for informed citizenry and accountable governance.
- When journalists are unable to report without fear or favour, the very fabric of democracy is at risk.
Digital Media Regulation: The government has proposed measures to regulate digital media, including fact-checking units to monitor social media. While intended to curb fake news, these measures are feared to widen the scope of censorship and control over the media.

As India navigates its path forward, it is crucial to prioritise the protection of press freedom.
Ensuring the safety and independence of journalists is not just about safeguarding a profession; it is about upholding the democratic values that form the bedrock of the nation.
The road ahead may be challenging, but a commitment to press freedom is essential for a vibrant and resilient democracy.

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