Freedom of speech and

media

By :-Shivam Jindal
12115894
 "Pen is mightier than a sword."

Freedom of Speech and expression means the right to express one’s own opinions
freely through speech, writing, printing, pictures or any other mode. In India, under
Article 19(1), the Constitution of India guarantees to all its citizens the right to
freedom of speech and expression

What do you mean by freedom of the press?

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).
It encourages independent journalism and promotes democracy by letting the people voice their opinions for or against
the government’s actions.
Article 19 was brought to light after the Romesh Thappar vs State of Madras case highlighted the importance of media
being the fundamental basis of all democratic organizations. However, it recognised the ‘public safety and public order’
under Article 9 (1-A) and dismissed the case.

Case Summary and Outcome

The Supreme Court of India agreed with a petition asserting that powers granted under the Madras Maintenance
of Public Order Act, 1949 enabled the State to unconstitutionally restrict free expression. Romesh Thappar filed a
petition challenging a decision by the State of Madras banning the entry and circulation of his leftist journal,
Cross Roads, arguing that the State’s justification for the ban on the basis of “public safety” was too broad. The
Court noted that such expansive restrictions were unconstitutional and that only narrow restrictions on freedom
of expression were permitted.
What are the rights of the media?
Freedom of the Press is nowhere mentioned in the Constitution. It is believed to be
covered under Freedom of Speech and Expression. Hence, the rights of a common citizen
are the same as the rights of a media or press house.
The media has certain rights to challenge the government and showcase the issues
gaining rapid attention by the people through various media sources and houses. Some
rights are:

•Defamation and free press

•Freedom of speech and expression
•Right to publish and circulate
•Right to receive information
•Right to conduct interviews
•Right to report court proceedings
•Right to advertise
What is Article 19?
•Article 19 of the Constitution of India guarantees the right to freedom of
speech and expression, and is typically invoked against the state.
• Article 19(1) in The Constitution Of India 1949, 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; and
• (f) omitted
• (g) to practise any profession, or to carry on any occupation, trade or
business.
Safeguards outlined under Article 19 (2): Article 19(2) allows the state to make laws that restrict freedom
of speech so long as they impose reasonable restrictions in the:
1.Interests of the sovereignty and integrity of India: This was as a reaction of the tense situation
prevailing in different parts of the country. Its objective is giving appropriate powers to impose restrictions
against those individuals or organisations who want to make secession from India or disintegration of India as
political purposes for fighting elections.

2.The security of the state: The term security of state refers only to serious and aggravated forms of public
order e.g. rebellion, waging war against the State, insurrection and not ordinary breaches of public order and
public safety. Thus speeches or expression on the part of an individual, which incite to or encourage the
commission of violent crimes, such as, murder are matters, which would undermine the security of State.

3.Friendly relations with foreign states: The object behind the provision is to prohibit unrestrained
malicious propaganda against a foreign friendly state, which may jeopardize the maintenance of good relations
between India, and that state.
4.Decency or morality: . These sections prohibit the sale or distribution or exhibition of obscene words, etc. in
public places. The standard of morality varies from time to time and from place to place.

5.Contempt of court: Restriction on the freedom of speech and expression can be imposed if it exceeds the
reasonable and fair limit and amounts to contempt of court. According to the Section 2 of Contempt of court it may
be either civil contempt or criminal contempt.

6.Defamation or incitement to an offence: A statement, which injures a man’s reputation, amounts to

defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt. The civil law in relating to
defamation is still uncodified in India and subject to certain exceptions.
Significance of Article 19 (1)(a), COI

•Societal good: Liberty to express opinions and ideas without hindrance, and especially without fear of punishment
plays a significant role in the development of a particular society.

•Self-development: Free speech is an integral aspect of each individual’s right to self-development and fulfilment.
Restrictions inhibit our personality and its growth.

•Democratic value: Freedom of speech is the bulwark of democratic Government. This freedom is essential for the
proper functioning of the democratic process as it allows people to criticize the government in a democracy, freedom of
speech and expression open up channels of free discussion of issues.

•Ensure pluralism: Freedom of Speech reflects and reinforces pluralism, ensuring that diversity is validated and
promotes the self-esteem of those who follow a particular lifestyle.
Why is freedom of the press important in India?
•Free exchange of ideas: The press inspires people to think beyond the social norms and gives a platform to exchange
ideas and thoughts that deserve to be heard by people all around the nation.

•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.

•Voice of the people: The press acts as a channel which writes and 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.

•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.
What is the current state of the press?
Although there has been some progress from the time when ‘freedom of the media’ can be estimated, the situation today
is not very good. There have been lots of cases of hate crimes, false accusations, trials due to wrongful portrayal, fake
news, etc., in the recent years.
Let’s take a look at the following:
•Fake News: We have all fallen victim to fake news which is so widely circulated that we believe it to be the truth.
•Paid News: Due to journalism and news-reporting being a low-paying job, some professionals often publish false news
in exchange of a payment.
•Biased Media: High-paying criminals and politicians often pay media companies to cover ‘good’ and charitable
moments of themselves. This leaves the audience biased, especially when it comes to elections.
•Crimes against journalists
As of 2021, 6 journalists have been killed because of their work. India is among the top 4 countries with the most
number of deaths on record. Whether it is on job or off the job, they have been targeted and attacked due to their work.
Over the course of the last five years (2017-2021), 138 cases of assault and attacks against journalists were recorded. In
Uttar Pradesh alone, 12 were killed, 48 were attacked and 66 were booked under various charges and cases.
Several cases of crimes have surfaced over the years. Some of the most prominent cases have been listed here.
Subhash Kumar Mahto
On May 20, 2022, Subhash Kumar Mahto was returning from a family dinner in a small Bihar district when he was shot in the head by four men who
fled the scene.

Journalist Subhash Kumar Mahato

Saurabh Kumar, a stringer at a national channel and general secretary of Begusarai District Journalists Association, told The Wire, “In the election of
a ward member, Mahto had supported a candidate and that candidate won. Apart from this, he was continuously reporting against the liquor mafia as
well as the sand mafias. These can be the reasons behind his murder.”
 Gauri Lankesh

On September 5, 2017, journalist and activist Gauri Lankesh, the editor of a weekly Kannada tabloid Gauri Lankesh Patrike, was shot dead in front of her residence in south Bengaluru. The then
Congress government in Karnataka had constituted a Special Investigation Team (SIT) to investigate the

Journalist Gauri Lankesh

The SIT has stated in the court proceeding that Gauri Lankesh was targeted for vehemently opposing Hindutva in her writings and speeches. SIT in the charge sheet submitted by them had named 18
people as accused in the murder. Yet, the case has not yet come to a conclusion.
Journalism is a hard job and those who make it are constantly in fear of losing their lives or getting harmed. We don’t make it any easier for them with the lack of laws protecting journalists
especially. The Government and other bodies are trying to curb hate crimes and protect the lives of journalists by making stricter laws and executing a penalty as and when necessary. Moreover, they
are trying to reduce the spread of fake news and misinformation.
We can only hope that in times to come, necessary steps will be taken as we await a world where freedom of the press has lesser curbs and that rules for better protection of journalists are readily
introduced in the country.