Freedom of Press

- Malvisha Jadeja
BA.LLB
91921040001
Introduction
• Article 19(1)(a)
• Press is not only a medium to express one's feelings, opinions and views,
but it is also responsible and instrumental for building opinions and views
on various topics of regional, national and international agenda.
• If the press or media exceeds its jurisdiction, the courts come forward to
ensure that violation of the fundamental rights by the media does not go
unchecked.
• : "Freedom of Press is an Article of Faith with us, sanctified by our
Constitution, validated by four decades of freedom and indispensable to
our future as a Nation." – Rajiv Gandhi
Historical Background
• Press was introduced into India by British to serve their colonial
interests, but was later used by Indians to foster and profess the
Independence struggle.
• The press was always under the control of the company, but after it
was ferociously being used by revolutionaries as a medium to express
their dissent against the Company's rule, repressive laws were passed
and judgments were given curbing press freedom.
FREEDOM OF PRESS AND ITS
SIGNIFICANCE IN INDIA
• Press generally refers to the newspaper industry. But in the modern era,
besides newspapers, there are various forms of news media that includes
television, radio broadcasting and online news websites.
• Freedom of expression has four broad purposes to serve:
1. It helps an individual to attain self-fulfilment.
2. It assists in the discovery of truth.
3. It strengthens the capacity of an individual in participating in decision
making.
4. It provides a mechanism by which it would be possible to establish a
reasonable balance between stability and social change.
Aspects of freedom of press
• The main purpose of the free press is to create a fourth institution
outside the government to serve as an additional check on the three
organs of government namely executive, legislative and judiciary.
• Right To Interview Prisoners.
• Publication of evidence.
• Fact Finding Committee.
• Publication of Government Advertisement.
• Publishing the Conduct of Public Officials.
Reasonable restrictions
• Public Order and Security of State.
• Defamation.
• Contempt of Court.
• Incitement to an offence.
• Friendly relations with foreign states.
• Decency and morality.
• Sovereignty and integrity of India.