Abstract
A free and independent press and media are vital to sustaining and strengthening democracy in India. This article aims to explore the freedom of press and media as enshrined under Article 19(1)(a) of the Indian Constitution, while also examining the reasonable restrictions imposed by Article 19(2) to safeguard national interests, public order and morality. It delves into significant judicial decisions, such as Sakal Papers v, Union of India, Bennett Coleman & Co. v. Union of India, etc., that have shaped the landscape of press and media freedom. Through the analysis of the cases, the article highlights the judiciary’s role in balancing the right to free expression with societal interest, ensuring that the democratic values are preserved and upheld.
Keywords: Freedom of press and media, reasonable restrictions, democracy, national interests, public order, morality, , societal interest, democratic values.
Introduction
A free and independent press and media are backbone to a thriving democracy. Shri Naidu, in his address, remarked that four pillars of democracy – the Legislature, Executive, Judiciary, and Media – must each act within its domain but not lose sight of the larger picture. The strength of a democracy depends upon the strength of each pillar and the way pillars complement each other. Any shaky pillar weakens the democratic structure.[1]
In a democratic set-up like India’s, the freedom of press and media are the lifeblood of governance. They act as crucial channels of communication between the government and the people, ensuring transparency, accountability and safeguarding democracy. Both press and media have consistently acted as watchdogs, and voices for the marginalised in India. From covering exposing high profile cases like Bofors scandal, the 2G spectrum scam, and the Nirbhaya case, to covering social movements like the farmer’s protest, their role in shaping public opinion and ensuring accountability is undeniable. This list however, is far from exhaustive.
The freedom of press and freedom of media find their foundation in Article 19(1)(a) of the Indian constitution which guarantees freedom of speech and expression. However, this freedom is not absolute, as it is subject to the reasonable restrictions outlined in Article 19(2) of the constitution.
The Judiciary plays a pivotal role in safeguarding these freedoms. Over the decades, the judiciary has ensured that the rights of the press and media are not mere formalities but are given substantive meaning through progressive interpretation of the law. The Judiciary has carefully balanced the need for freedom with the necessity of imposing restriction, ensuring that these freedoms are exercised responsibly and without excess, thus maintaining the integrity of both the press and media in India.
[1]Press Information Bureau, https://pib.gov.in/newsite/PrintRelease.aspx?relid=195595#:~:text=Mentioning%20the%20four%20pillars%20of,way%20pillars%20complement%20each%20other (last visited Dec. 30, 2024)