Freedom of speech and expression is the blood of democracy, palpitation of democracy,

control of the government and creates awareness among the people. Blood removes the
dead cell in the same manner freedom of speech and expression removes the arbitrary
government and place a democratic government. This paper evaluates the contribution and
necessity of freedom of press in a democracy.

The liberty of the press is the palladium of all the civil, political, and religious rights.[i] In a
democratic set up the press can act as a bridge between the government and the people. This
right is very important at the stage of the formation of the government. Democracy can not
survive without this right. Press is the fourth pillar of the democracy, which exercise this
right of freedom of speech and expression. The rights originate from the US constitution. The
role of media is important as a feedback, exposure, and conduit mechanism in all countries.
Most citizens receive their information about what is going on in the government, and how it
affects them, through the filter of the media. The media have also played a traditional
watchdog and gadfly role, in investigating misbehaviour by politicians and officials and
private business, a role traditionally summarized as “comforting the afflicted and afflicting
the comfortable.” The media is thus a crucial instrument of accountability, in addition to
being an instrument of communication. A free press and free media rank along with an
independent judiciary as one of the two institutions that can serve as powerful counter forces
to corruption in public and private life.

The Freedom of the press is regarded as a “species of which freedom of expression is a

genus.” Freedom of the press is the freedom of communication and expression through
[ii]

vehicles including various electronic media and published materials. While such freedom
mostly implies the absence of interference from an overreaching state, its preservation may
be sought through constitutional or other legal protections.

The Universal Declaration of Human Rights states:[iii]

“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference, and impart information and ideas through any media
regardless of frontiers”.

In general, we can say that Freedom of the press is the freedom of communication &
expression through vehicles including various electronic media & published materials. While
such freedom mostly implies the absence of interference from an overreaching state, its
preservation may be sought through constitutional or other protection.

The fundamental right of the freedom of the press implicit in the freedom of speech and
expression is essential for political liberty and proper functioning of democracy. Freedom of
Press has perpetually been a cherished right in all democracies. “Growth and development of
representative democracy is so much intertwined with growth of press that the press has come
to be recognized as an institutional limb of modern democracy”. In India before
Independence, there was no constitutional or statutory guarantee of freedom of an individual
or media/press. At most, some common law freedom could be claimed by the press, as
observed by the Privy Council in Channing Arnold v. King Emperor [iv]: “The freedom of the
journalist is an ordinary part of the freedom of the subject and to whatever length, the subject
in general may go, so also may the journalist, but apart from statute law his privilege is no
other and no higher. The range of his assertions, his criticisms or his comments is as wide as,
and no wider than that of any other subject.”
 The press freedom is about the power being centred in the specific issue that is supported
by different technological aspect in bringing the information and communication. The
freedom of expression is an evolving issue around the world and different countries are
attempting to provide such law in which people can fully embrace their right.

HISTORICAL BACKGROUND

The Indian Press has a long history right from the times of British rule in the country. The
British Government enacted a number of legislations to control the press, like the Indian
Press Act, 1910, then in 1931-32 the Indian Press (Emergency) Act etc. During the framing
of the Constitution the founding fathers bestowed enormous significance to Freedom of the
Press. B. N. Rao, the Constitutional Advisor to the Constituent Assembly assured that
freedom of the press was included in the guarantee of freedom of speech and expression and
it was hardly necessary to provide for it specifically.

Dr. Ambedkar said that we don’t want to give absolute rights to the press because it has
two aspects. The right could be given to the first aspect of the press and not to the second
aspect. The press is a right of expression. The Constitution of India in Article 19(1) (a) lays
down that “All citizens shall have the right, to freedom of speech & expression and it include
the right to press also.” This concept has been warranted by the Supreme Court of India. In
numerous judgements the Supreme Court has ruled that Freedom of the Press is contained in
the guarantee of freedom of speech and expression in Article 19(1) (a) of the Constitution.
The freedom of press means freedom from interference from authority which would have the
effect of interference with the content & circulation of newspapers. [v]

In the view of democracy, it only means that people or the citizens can enjoy full freedom
of speech and expression and can be only restricted within the reasonable subject. During the
era when the press council in India felt anxiety, the birth of the Media Law is implemented
and followed by the Press Regulations that significantly had an impact on the publishing
industry. Next is the introduction of the compulsory licensing for owning and running the
printing presses which is typically empowered by the government. This action simply means
to prohibit the publication or circulation of any newspaper, book, or other printed material.
The banning of the publication or dissemination created a commotion against the government
that effectively weakened the power of authority. This process continued and through the
years brought a significant change and created a fundamental right in the constitution. The
entire developed article in the institution of the country speaks about the freedom to express
and expression and the birth of the Press Council in India.

AN OVERVIEW OF THE CONSTITUTIONAL PROVISIONS

Article 19(1) (a) of the Indian Constitution states simply that ‘all citizens shall have the right
to freedom of speech and expression’. The companion Article, Article 19(2) qualifies this
right by providing that the State can impose reasonable restriction on its exercise

In the interests of the sovereignty and integrity of India

The security of the State

Friendly relations with foreign States

Public order

Decency or morality or in relation to contempt of Court

Defamation or incitement to an offence

The Indian Constitution, while not mentioning the word “press”, provides for “the right to
freedom of speech and expression” (Article 19(1)(a). However this right is subject to
restrictions under sub clause (2), whereby this freedom can be restricted for reasons of
“sovereignty and integrity of India, the security of the State, friendly relations with foreign
States, public order, preserving decency, preserving morality, in relation to contempt, court,
defamation, or incitement to an offense”. Laws such as the Official Secrets Act and
Prevention of Terrorist Activities Act (POTA) have been used to limit press freedom.
[vi] [vii]

Article 19(1)(a) does not refer specifically to the freedom of the press as does, say, the
corresponding provision in the American Constitution, but judicial decisions have repeatedly
affirmed that the Article is sufficiently wide to include the freedom of the press and, by
extension, the freedom of other mass media. In Romesh Thapar’s Case , and in several
[viii]

subsequent cases strict and narrow limits have been placed on the Legislative powers to
abridge the right conferred by Article 19(1) (a). Any restriction on Article 19(1) (a) can only
is valid if three conditions are met – It is supported by the authority of law, The law in
question is related to one or more of the permitted heads of restrictions laid down under
Article 19(2); and

The restriction is reasonable. It is also necessary that the procedure and the manner in which
the restriction is imposed be just, fair and reasonable.
[ix]

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, vide Brij Bhushan and Another
vs. The State of Delhi,[x]and Sakal Papers (P) Ltd vs. Union of India,[xi] among others.
However, as mentioned in Article 19(2), 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. Hence, freedom of the media is not an absolute freedom.

MEDIA: FOURTH PILLAR OF DEMOCRACY

Freedom of press has always been a cherished right in all democracies. “Growth and
development of representative democracy is so much intertwined with growth of press that
the press has come to be recognized as an institutional limb of modern
democracy.” Speaking of democracy, political scientists and experts always say there are
[xii]

four pillars of democracy, namely the judiciary, executive, legislative, and media. More
[xiii]

functioning judiciary as an institution of the judiciary, the executive is more to the

government, while the legislature as an institution that makes the laws and overseeing
government performance.

Media is an important and inseparable part of a democratic society. It is in fact called the
fourth pillar of democracy. Before the advent of electronic media, print media played an
important role in disseminating information to people. Over the years, a wide variety of
media like the press, performing arts, television, radio and films have been used for
communication. Furthermore, the fourth pillar which is also very important is the media.
Why the media can be regarded as the fourth pillar of democracy? Because often times
people assume that the media is more neutral and free from elements of state power, in
contrast with the previous three pillars which are all oriented to power. The media not only as
a source of news, but it is also the voice of the people carrier and fittings. The media also
often become a tool for suppressing the three pillars of democracy before.
There are a minimal number of pillars needed to support the infrastructure of democracy. If
you wish to build a bridge, there are principles of engineering that must be followed.
Similarly, there are seven main pillars of the architecture of democracy:

Elections,

Political tolerance,

The rule of law,

Freedom of expression (it includes the press)

Accountability and transparency,

Decentralization, and

Civil society.

But democracy, unlike bridge building, isn’t just science; it is also the art of the possible.
The fourth pillar sustaining democracy is freedom of expression. What people in civil society
are allowed to say, print, distribute, and discuss is indicative of the democratic nature of a
political system. A free press is one measure of freedom of expression in a society.

The newspaper not only presents facts but also gives interpretation of facts and statements
of opinions through its editorials and also propagates ideas and ideologies. The press has
therefore been rightly described as the Fourth Estate.

Although no democracy has absolute freedom of speech, unless citizens have the right to
express themselves in the political process, no government can be made accountable for its
actions. Each country places its own limitations on freedom of expression. What matters is
that those limitations are not misused by political forces to limit public scrutiny of policies
and actions that have an impact on the integrity of governance. For example, if criminal libel
laws effectively thwart whistle blowing on irregularities or corruption, democracy is
diminished. And hence it is also very necessary to limit this influential institution’s powers.

“Freedom of Press is not absolute, unlimited and unfettered at all times and in all
circumstances as it would lead to disorder and anarchy.” We are the part of the democratic
[xiv]

country and where the citizen is all in all and there must be check and balances on the
government and the media plays that role regarding the check and balances on the
government. Abraham Lincon gave the definition of democracy in the words, “Democracy is
the people, for the people and by the people.”

Media is regarded as one of the pillars of democracy. Media has wide roles in the society.
Media plays a vital role in moulding the opinion of the society and it is capable of changing
the whole viewpoint through which people perceive various events. The media can be
commended for starting a trend where the media plays an active role in bringing the accused
to hook.

WHETHER FREEDOM PROVIDED TO THE MEDIA IS GENUINE OR NOT?

The prime purpose of the free press guarantee is regarded as creating a fourth institution
outside the government as an additional check on the three official branches- executive,
legislative and the judiciary. It is primary function of the press to provide comprehensive
[xv]

and objective information on all aspects of the country’s social, economic and political life.
The press serves as a powerful antidote to any abuse of power by government officials and as
a means for keeping the elected officials responsible to the people whom they were elected to
serve.

The Supreme Court has laid emphasis in several cases on the importance of maintaining
freedom of press in a democratic society. The press seeks to advance public interest by
publishing facts and opinions without which a democratic electorate cannot make responsible
Judgments. Articles and news are published in the press from time to time to expose the
weakness of the government. The primary duty of the courts to uphold the said freedom and
invalidate all laws or administrative action which interferes with the freedom of the press
contrary to the constitutional mandate. Article 19 (1) (a) applies to citizens only and so a
[xvii]

non-citizens running a newspaper cannot seek the guarantee of this constitutional provision.

Press in India and the reaction of Supreme Court

The press or media acts as a watchdog of democracy. In fact, post-independence, the India
press has played a vital role in restraining corruption and injustice in the nation. The press is
also instrumental in arousing the general public’s interest in the government and its
operations. However, like everything else, there is a flipside to this as well. Over the last few
years, yellow journalism has been rampant in Indian press, which has lead to widespread
misconducts in the nation.

In Indian Express Newspapers v. Union of India , the Supreme Court emphasized the
[xix]

importance of freedom of press in these words:

…..The expression freedom of press has not been used in Article 19 but it is comprehended
within Article 19(1)(a). The expression means freedom from interference from authority,
which would have the effect of interference with the content and circulation of newspapers.
There cannot be any interference with that freedom in the name of public interest. The
purpose of the press is to advance the public interest by publishing facts and opinions without
which a democratic electorate cannot make a responsible judgement. Freedom of the press is
the heart of social and political intercourse. It is the primary duty of the courts to uphold the
freedom of the press and invalidate all laws or administrative actions, which interfere with it
contrary to the constitutional mandate.

In Sakal Papers(Private) Limited v. Union , Supreme Court had observed that the right to
[xx]

freedom of speech and expression carries with it the right to publish and circulate one’s ideas,
opinions, and views with complete freedom and by resorting to any available means of
publication, subject to the restrictions imposed under Art. 19(2). The Indian Constitution does
not expressly provide for the freedom of the press but this freedom is included in “Freedom
of speech and expression” guaranteed by Article 19(1)(a).

Blackstone said that the essence of freedom of expression is that every person should be
able to lay his sentiment before the public without previous restraint, that to forbid this, is to
destroy the freedom of the press; but if publishes what is improper, mischievous, or illegal, he
must take the consequence of his own temerity.[xxi]

In Bennet Coleman Company v. UOI , the Court held that Freedom of press is both
[xxii]

quantitative and qualitative. Freedom lies both in circulation and in content. The fixation of
page limit will not only deprive the petitioners of their economic viability but also restrict the
freedom of expression by compulsive reduction of page level entailing reduction of
circulation and the area of coverage for news and views.

RIGHT TO INFORMATION AND THE ROLE OF MEDIA

Article 19 of the Universal Declaration of Human Rights adopted by the United Nations
states:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.”

Information is regarded as the oxygen of democracy. It invigorates where it percolates. If

people do not know what is happening in their society, if the actions of those who rule them
are hidden, then they cannot take a meaningful part in the affairs of the society. Freedom of
expression, free dissemination of ideas and access to information are vital to the functioning
of a democratic government. Information is crucial for a vibrant democracy and good
governance as it reflects and captures Government activities and processes. Access to
information not only facilitates active participation of the people in the democratic
governance process, but also promotes openness, transparency and accountability in
administration.

‘Right to Information’ (RTI), the right of every citizen to access information held by or
under the control of public authorities, can thus be an effective tool for ushering in good
governance. The major characteristics of good governance are participation, rule of law,
transparency, responsiveness, equity and inclusiveness, effectiveness, efficiency,
accountability, strategic vision and consensus-orientation. Transparency means that decisions
are taken openly and enforced as per rules and regulations. It requires that information is
freely available and directly accessible to those who will be affected by such decisions and
their enforcement. It also means that enough information is provided to all the stakeholders in
easily understandable forms and media to enable their meaningful participation in decision
making processes. Accountability means that public institutions and functionaries are
answerable to the people and to their institutional stakeholders. In general, an organization or
an institution should be accountable to those who will be affected by its decisions or actions.
Accountability cannot be enforced without a regime of transparency.
 A direct relationship exists between right to Information, informed citizenry and good
governance. The Right to Information provides citizens the opportunity of being informed of

what the Government does for them, why and how it does it. Good governance provides a
platform that enables government functionaries to operate efficiently, effectively and
transparently and be accountable to the public for their actions. It aims to put an end to
inconsistent government practices and helps in establishing a responsive State. Public
participation in Government, respect for the rule of law, freedom of expression and
association, transparency and accountability, legitimacy of Government, and the like, which
are the core values of good governance, can be realised only if the right to information is
implemented in the right spirit. Right to information is the hallmark of good governance.

MEDIA AND DEVELOPMENT

The media can make a real difference to the lives of poor and disadvantaged people by:

 making people more aware of their rights and entitlements;

 enabling people to have access to government programmes, schemes and
benefits;
 making people more aware of political issues and options and helping to
stimulate debate;
 educating the public on social, economic and environmental issues;
 drawing attention to institutional failings – corruption, fraud, waste,
inefficiency, cronyism, nepotism, abuse of power and the like;
 fostering exchange of best practices, knowledge resources, access to better
technology, and to better choices;
 creating pressure for improved government performance, accountability and
quality, for example in service delivery; and
 providing a discursive space for citizens to dialogue with other actors in the
governance process.

The three main areas through which the media can make a significant impact on development
and poverty reduction are:

1) Empowerment

Media has a definite role to play in the empowerment of citizens. It gives voice to the needs
and aspirations of the people and provides them access to relevant information. When people
lack a voice in the public arena, or access to information on issues that affect their lives, and
if their concerns are not reasonably reflected in the public domain, their capacity to
participate in democratic processes is undermined. Media, in all its varied forms, has opened
up the potential for new forms of participation.Thus, the vulnerable and marginalized sections
of the society such as the poor, women, weaker sections and socially disadvantaged are also
using the media to make their voices heard.

2) Social Awareness & Action

The potential of mass media to be effectively employed to enhance social awareness is

unquestionable.The news media plays a decisive role in establishing a discursive space for
public deliberations over social issues. Giving a voice to the poor also entails giving the poor
people adequate opportunities to take initiatives for overcoming their problems. The media,
through its role in shaping public awareness and action, can be a critical factor in facilitating
sustainable development and poverty reduction.

3) Good Governance

Good governance is recognized as central to poverty eradication, and a free media is a

necessary condition for good governance. As an information conduit between corporations,
government, and the populace, the media acts as a watchdog against government
malfeasance, while at the same time fostering greater transparency and accountability. The
media monitors public service delivery and reports on key issues to the public at large, and in
this process exerts pressure on public service providers. By highlighting institutional failings
to guard against and institutional successes for replication, the media creates the right
framework of incentives for good governance. A free press is integral to good governance. It
lets people voice diverse opinions on governance and reform, expose corruption and
malpractices and help build public consensus to bring about change. It monitors basic public
service delivery and promotes human development.

EFFECTS OF MEDIA IN OUR SOCIETY

Every coin has two sides. There are both positives and negatives of one single given notion.
The media, known as the fourth pillar of democracy, has a huge impact on the society. The
effects are of course, positive as well as negative. It is upto the people to decide which effect
they want to bask in. Media is such a powerful tool that it literally governs the direction of
our society today. It is the propeller as well as the direction provider of the society. Opinions
can change overnight and celebrities can become infamous with just one wave by the
media.[xxvi]

The Bright Side

Information on the latest happenings reaches people in just a matter of minutes. The vision of
media reaches even the remotest corners of the country and makes sure that everyone is
aware of what is going on in the country. The easy and swift availability of any given
information makes media one of the most reliable sources for forming public opinion. It
bridges the gap between the leaders and the masses by becoming their channel of
communication.

It brings into open the innumerable achievements that are going on in the country. Media
gives ordinary people the power to reach out to the society as a whole. It can make heroes out
of ordinary men. The media acts as a deterrent on corrupt practices and keeps a check on the
working of the government. Media has significantly promoted social causes like literacy,
health management, anti-dowry practices, discouraging female feticide, AIDS awareness, etc.

On the Contrary…

“The media’s the most powerful entity on earth. They have the power to make the innocent
guilty and to make the guilty innocent, and that’s power. Because they control the minds of
the masses” – Malcolm X
 Media can adversely affect the thinking capability of individuals and instill negative or
destructive thinking patterns in the society as a whole. As already said before, media has the
power to form and alter opinions. This means media can portray an ordinary thing so
negatively that it may force people to think or act in quite the opposite way. Media glorifies
violence and contains graphic descriptions or images. When viewed by the vulnerable portion
of the society, i.e., the children, it can have grave effects on their upcoming and thinking
patterns.[xxvii]

The media can sometimes go out of the way in advertising or glorifying certain issues.
Usually, a bad or detrimental message is packaged in a glorious way and is made accessible
to the public. Movies that depict filthy rich thieves who don’t bat an eyelid before killing
someone or extorting someone and the getting away with it, sure give entertainment to
people. At the same time, it encourages them to act in a way that promises adventure and
thrill in life. This way, media glorifies the bad aspects of people and encourages them to act
in forbidden ways.

CONCLUSION

In Democracy, the Government cannot function unless the people are well informed and free
to participate in public issues by having the widest choice of alternative solutions of the
problems that arise. Articles and news are published in the press from time to time to expose
the weaknesses of the governments. The daily newspaper and the daily news on electronic
media are practically the only material which most people read and watch. The people can,
therefore, be given the full scope for thought and discussion on public matter, if only the
newspapers and electronic media are freely allowed to represent different points of views,
including those of the opposition, without any control from the Government. The following
suggestions are offered in this connection: Freedom of press may be inserted as a specific
fundamental right under Article 19 of the Constitution of India. Parameters of freedom of
press should be clearly earmarked. Information must be available at an affordable cost within
specified, definite and reasonable time-limits. Free press should not violate right to privacy of
an individual. Free press must be law enforcing and preventive of crime. Rule of law must be
followed by the free press. Influence through free press upon the judiciary should not be
exercised. Press is the watchdog to see that every trial is conducted fairly, openly and above
board, but the watchdog may sometimes break loose and has to be punished for
misbehaviour. It shows that there are certain restrictions on the freedom of press.