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IN-DEPTH EXAMINATION OF PRESS FREEDOM IN INDIA

Publications, Research paper

ABSTRACT

The research paper talks about the whole press freedom situation in India which is quite complex and has many different aspects to it. This paper aims to examine the press freedom in India while discussing its past, present and legal background in this country. It explores the history of press freedom while focusing on colonial historical models and era when press freedom laws were adopted and the judiciary’s role in its evaluation. It analyses an extent of how these and many more state and non-state actors have shaped the media independence and investigates how policy-making, corporate influence, and regulation of social media have affected journalism. It is important to take a look at how political influence, economic fronts, and socio-cultural factors influence the journalistic practice. Also, it examines the importance of social media and the growing cases of repression and self-regulation of speech among journalists. The recommendations to strengthen the freedom of press in India include legal changes, increased independence of journalists and encouragement of freedom of media. The paper is written in an attempt to contribute to the following fundamental questions regarding media freedom and democratic governance in India.

KEYWORDS

Press, Freedom, Challenges, Restrictions, Journalists

INTRODUCTION 

The media has been playing an important role in maintaining democracy as it focuses on extending freedoms to the people within the state. This research paper focuses on issues of press freedom in India further dissecting the area of study under examination in this paper as In-Depth Examination of Press Freedom in India. The dynamic state of press freedom in India is even more distinguishing due to the size of the population and the diversity of the society and political structure. In the context of India, press freedom involves the freedom of media houses and all companies within the country to report news and provide opinions without limitations that may be imposed either by the government or any power source. This freedom is an essential aspect in a democratic system of governance since every citizen must be empowered with information concerning the various leaders. To set the stage for the theme of the paper on Historical Perspective of Press Freedom in India, the paper starts by delineating the historical background of India’s press freedom starting from the colonial period to the post-independent India. This looks at specific pieces of legislation that have influenced media operations throughout India as well as certain acts such as The Indian Constitution under Article 19(1)(a) which provides for freedom of speech and expression and other acts like Press Council Act, 1978 for setting high ethical standards to practicing media. The main focus of the paper implicates nearly one-fourth of the paper works toward understanding and explaining the existing threats to the freedom of press in India today. such as political influence, censorship, threats and physical atrocities against media personnel, and economic volatilities which affect media houses. It also challenges the societal transformation through the emergence of digital media alongside the enhanced regulation since social media has provided people with the voice to share their opinions; on the same note, it has provided the source for fake news to circulate. Hence, this paper seeks to draw attention to the importance of free press in Indian democracy, the challenges media-democracy face in the present-day context and the effects of enhanced restrictions on press freedom on the society and the democratic culture. Thus, the aim of presenting these issues is to, at least, propel the research in an effort to address the concerns regarding the state of press freedom in India and other parts of the world.

The focus of the current work explores modern issues fundamental to media in India. Such programs are as follows; government censorship, the new media and, threats to journalists, and corporate ownership of the media. Moreover, the study also looks into real-life examples of the extent to which press freedom is threatened or preserved featuring crucial instances including but not limited to, political embezzlement, movements/struggles, and community tensions. These examples help outline the patterns of media censorship and their defeat in the subject of the paper. Subsequently, the Indian press has made an important contribution to the fight for Indian independence and the development of the structural framework for the democracy following independence. In addition, it explores the societal actors involved in press freedom fight, non-governmental organizations, and international organizations in India.

RESEARCH METHODOLOGY

The research paper focuses on the press freedom in India and the researcher has relied upon the doctrinal method and the information used is from the secondary source of data for the in-depth examination of press freedom in India. Secondary source of data includes books, articles and the journals, reports and websites of different governmental and non- governmental agencies and organizations.

REVIEW OF LITERATURE

The paper presents complex factors that influence the state of press freedom in India having historical, legal as well as sociological contexts. The Indian Constitution edicts the freedom of the press as a requisite for the democracy to prevail. However, the country ranking in terms of the World Press Freedom Index has been deteriorating, and there are threats of the authorities making a clampdown on journalists most especially amidst the COVID-19 pandemic. The colonial conditional relations between the East India Company and the press established Indians early format of the press relation importance in the future Indian states . Additionally, there is an aspect of the hierarchical relations and structures of the Hindi journalism community that play out in the form of casteism, patriarchy and self-censorship to hinder press freedom in India. Therefore, looking at different aspects of freedom of press in India, old and new both wisdom, history, law, and society to counter the existing and prospective threats to the freedom of the press in the largest democracy of the world.

CONSTITUTIONAL PROVISIONS RELATED TO PRESS FREEDOM

The Indian Constitution doesn’t mention press freedom. It’s just one of the rights given in Article 19(1)(a) in India. This freedom backs up independent journalism and lets people share their thoughts on what the government does. According to Article 19 of the Universal Declaration of Human Rights, everyone the right to speak their mind and get out without limits through any media. But, Article 19(2) has rules in place to keep the nation safe. The Supreme Court always stresses how vital press freedom is in a democratic society through different cases. Article 19(1)(a) only applies to citizens, so a non-citizen running a newspaper can’t use this protection from the constitution.

SCOPE OF PRESS FREEDOM IN INDIA

  • Press freedom is crucial part of article 19 (1)(a) of Indian Constitution. Freedom of speech is super crucial for a democratic society to work well. Basically, it explained that criticizing the government is okay i.e. sedition as long as it doesn’t lead to violence or chaos.
  • Article 19(1)(a) lets the press to publish any number of pages they want and share with as many as they want. Anything that limits upon these freedoms would hinder the essence of freedom under article 19(1)(a). Newspapers that set the limits on their size and page count restrict the press freedom. 
  • In a case, the court noted that the state can group the newspapers based on their size to charge taxes, those taxes shouldn’t hinder the free speech under Article 19(1)(a) of the Indian Constitution, with some limits. Taxation shouldn’t encroach on the press freedom. The court also brought up another type of tax- custom duty on newsprint. This tax burden individuals just because they can read.
  • The Supreme Court upheld the use of Art. 19(1)(a) to censor motion pictures. It’s because, in contrast to other creative forms, movies have a special effect. A film has the power to emotionally impact viewers in a manner that other artistic mediums cannot. For this reason, movies may be restricted for the purposes specified in Art. 19(2). Additionally, the Court stated that it is acceptable to showcase movies ahead of time since they have a broad audience and the potential to stir things up, for better or ill. Thus, films are subject to different regulations than newspapers or periodicals.
  • Since commercial advertisements deal with contain trade and commerce, they are not shielded under article 19(1)(a). The Supreme Court ruled that while article 19(1)(a) permits the expression of thoughts and opinions through ads, it will not offer protection against the commercials that promote illegal drugs which are detrimental for the human health. Even if the businesspeople issue the commercial speech, it is nervertheless protected by article 19.

EVOLUTION OF PRESS FREEDOM IN INDIA

Press freedom in India has a really interesting history influenced by colonial rule, independence, and ongoing political dynamics.

  1. When Press Started (18th-19th Century): The very first newspaper in India, “Hicky’s Bengal Gazette,” hit the newsstands in 1780. Under British colonial rule, quite a few laws put limits on press freedom. The Press Act of 1835 (Metcalfe Act) eased up some restrictions but then came stricter rules like the Vernacular Press Act of 1878, which aimed at Indian-language publications criticizing British policies.

     b) After Independence: After becoming independent in 1947, India got itself a constitution in 1950 that said everyone can speak their mind freely under Article 19(1)(a). But there are some restrictions for things like national security, public order, and morality.

 c)  The Time of Emergency (1975-1977)

The Censorship : When Prime Minister Indira Gandhi declared Emergency, press freedom took a real hit. Newspapers had to get the green light before publishing anything, and loads of journalists ended up behind bars.

d) After Emergency

Press Growth and Problems: Once the Emergency was over, the press got back its freedom and became a key player in democracy. But hey, problems didn’t just vanish – there were still political pressures, defamation laws to watch out for, and sadly even violence against journalists.

CURRENT POSITION OF PRESS IN INDIA

The Press Freedom Index says that India’s ranking has slipped in recent years. An annual report by Reporters Without Borders (RSF), ranking countries based on how much freedom journalists get. They look at things like how free journalists, news outlets, and regular folks are to express themselves in each country, as well as how much authorities respect that freedom. It is used by the media and journalists to highlight the state of press in the world. In the 2024 World Press Freedom Index, India was 159th out of 180 countries. This was reported by the organization Reporters Without Borders. It not great news and highlights the increasing challenges faced by journalists.  Another issue is the involvement the government and censorship concerns. There have been reports of the government pressuring media outlets and journalists. At times, licenses are revoked or economic pressure is applied through advertising. Legal problems also plague journalists in India. They grapple with defamation lawsuits, charges of sedition, and arrests under laws such as U and the Information Technology Act. These legal hurdles can hinder journalists from working freely. Regarding media ownership, it’s quite centralized in India. A small number of major corporations own a majority of TV channels, newspapers, and digital platforms. This centralized ownership can constrain varied viewpoints from being expressed. Digital media and social media play a significant role in Indian media nowadays. They bring fresh viewpoints, but they also bring along challenges like misinformation and regulation issues. Journalists are in a tough spot because they encounter threats, violence, and harassment while carrying out their responsibilities. It’s hard for reporters out there on the field.

The index looks at a following thing like:

  • Pluralism-This means how many different opinions get represented in the media.
  •  Media independence -It’s about how freely the media can do its thing without political or other influences. 
  • Environment and self-censorship-This is all about the conditions journalists work under, including safety and self-censorship levels.
  •  Legislate framework-How good the laws are supporting the media and if they’re actually followed. 
  •  Transparency-How clear things are with institutions affecting news production.

CHALLENGES OF PRESS FREEDOM IN INDIA

Situation of press freedom in India is not favorable because there are many challenges that come from different background namely political, economical and social. Following are the challenges:

  • Bureaucratic control is one of the methods used where government agencies use directives and advice to press on the media to cover specific stories or refrain from reporting on others.
  • Having matched the countries on the basis of populations similar to India’s and comparing the numbers of internet shutdowns, it is concluded that India leads globally, the restrictions of which hinder the journalistic activities and the provision of information to the citizens. 
  • One can also fear defamation charges which could be either a criminal or civil case meant to silence the journalists. Strategic Lawsuits Against Public Participation (SLAPP) lawsuits are intended to threaten, deter and chill Critical Speakers by imposing on them legal costs until they desist. Media ownership has created a tendency where a large number of large corporation’s own media houses and this may lead to the unemployment of many objectivity views. 
  • Journalists, particularly those who cover insecure areas like the anti-corruption, criminal, and political spheres, receive threats, harassments, and even assaults.
  • Female journalists are at the receiving end they suffer worse treatment in the form of threats of violence, doxing among other forms or cyberbullying. There have also been cases of state espionage and uses of spyware to track the movement of the journalists and this has raised concern in the aspect of privacy and freedom of the press. 
  • With more people using internet there are concerns about the censorship in growing platform like internet and social media websites in India. Some areas of this country have been restricted in their use of the internet on the basis of social order. 
  • The economic threats and challenges exert pressure on the media industry in India, due to the unavailability of adequate advertise in the global market and competition from the newer media like digital technologies. This can impact the autonomy and credibility of journalism since media houses may focus on revenues than the reports of their journalists.

WAYS TO ENSURE INDEPENDENT AND UNBIASED PRESS IN INDIA

  • Strengthening the provision of Article 19(1)(a) of the Constitution of India which guarantees freedom of speech and expression especially for journalist and the media personnel. The Press Council of India (PCI) plays a significant role in upholding the press freedom. It needs more autonomy and the power to take action against any violations. 
  • The laws that are used in the process of regulating and shutting down the content the restores the rational and fair restrictions on freedom of the speech shall be changed and revised. 
  • Many legislators want that media owners should be required to fully disclose their identities and ownership stakes as it will minimize the risk of bias and improve the accuracy of journalism and news reporting. 
  • Achieving compliance with the measures that have been established to ensure that there is no monopoly within the media industry as well as encouraging more people to engage in the business.
  • Dedication in achieving diverse workforce in the newsroom so as to increase the sampling of talents with different. Improving the funding of regional and local media organizations so that unique regional topics and languages can also be addressed. 
  • To disrupt the flow of fake news, social media cracks down on fake news sites while increasing funding for and support of independent fact-checking organizations. 
  • Revision of the laws to complete the decriminalization process of defamation or slander and turning it into a civil matter so as to avoid the abuse of these laws with the intention of intimidating journalists.

SUGGESTIONS

Financial independence is key for media outlets. Media should find various revenue sources beyond advertising like subscriptions, crowdfunding, and grants. This will reduce reliance on corporate and government advertisements. However, it is equally imperative that the process be done positively such that the possibilities are made achievable. One thing that should never be lost sight of when considering the press in the Indian context is that it is only a free press which can assist in nurturing a community with enlightened people with deserved and well informed both concerning the present day political happenings and also the challenges that a country has to endure, and the options available tackling them. It is only such a press that can enable a young democracy like India to undertake the structural and functional transformation to test the efficacy of democracy as a viable form of governance persist and also facilitate in its advancement to a point that Congolese citizens will enjoy social justice and other basic human rights as enshrined in the constitution of the country. Common good of a society to be protected and the people’s interest to be met. Three of the critical areas that independent papers need to survive and grow are discussed below. They should be given aid through general institutions, the purpose of which is to contribute to the development of independent business initiatives. The state shall ensure that employees receive periodical and random training and continuing education to better serve the needs of the public and practice ethical journalism. 

CONCLUSION

Press freedom in India in a very complicated state and rather a problematic state. there are various factors that compromises the media freedoms in India even though the country is the largest democratic nation, and media is very dominant and diverse. This means journalists can work freely but are threatened, harassment, and in some cases qualified to work violently. Legal repression such defamation suits and use of sedition laws is often used to mute critics. However, there is a conflict of interest in the flow of news to an extent that government and corporate pressures may reign in some sections of the press and promote wrong journalism.

The emergence of digital technology to disseminate information has also worsened the situation with journalists receiving threats through electronic media, negative reporting by the targeted individuals, and fake news campaigns. Despite this Indian Constitution provides sound protection for freedoms of press however, the actual protection offered by these freedoms lags far behind. NGOs and other organizations have pressed on for more safety and democratic changes to support the media personnel.

There is remarkable diversification and active changes in media industry in India however interference, threats, pressures continue to plague journalists burning the need to protect press freedom. It is crucial to emphasise the needs to guarantee complete freedom and independence of press in India as well as to promote the interest of countries democracy and the enhancement of the informed approach of citizen.

HIMANI

DEPARTMENT OF LAWS

PANJAB UNIVERSITY, CHANDIGARH