Context: Recently, the Jammu & Kashmir police booked a young photographer in Kashmir under the Unlawful Activities (Prevention) Act for allegedly “anti-national” posts on social media and an FIR has also been registered against a report from Kashmir in The Hindu, alleging that it was “fake news”.

• Both the invoking of a draconian law, under which an individual can be designated a terrorist, for Facebook posts, and the FIR against a newspaper report, send out a chilling message on free speech to journalists across the country.

Historical Background of Indian Press

• In India the first reference of press can be traced to the Muslim era where the Mughal rulers used to select efficient people and hire them for reporting to them the position of their kingdom.
• The Britishers developed the concept of press to a great extent with the establishment of the first printing press in 1674 in Bombay. 
• The first Regulations of censorship were promulgated by Marquess of Wellesley which continued until 1799.
• The Vernacular Press Act, 1878 was the greatest blow to the freedom of the Press in India which is why the Vernacular Press Act has been nick named as the Gagging Act, as it gagged the voice of the free press.

Constitutional Provisions related to Freedom of Press in India

• It guarantees freedom of speech and expression as a fundamental right as specified in Part III. Art.19 (1) (a) relates to freedom of speech and expression, subject to the restrictions which may be imposed by the State.
• The Indian Constitution empowers the State to impose ‘reasonable restrictions’ in the countervailing social interests such as security of the State, public order and the like, which are enumerated in Art.19 (2).
• The objectives of these restrictions are to prevent misuse of the freedom guaranteed and enable the state to impose restrictions in the larger interests of the welfare of people.

Responsibility of Press in Indian Democracy

• The media, which always champions the cause of the underdog and acts as a watchdog, has far greater responsibility because of its opinion-moulding influence on the society as well as on those in power.
• The media, particularly the television medium, should not promote programmes or serials which seek to justify superstitions or promote irrational beliefs.
• There are some specific responsibilities of the media which include strengthening democracy and democratic values; respecting India’s diversity and providing space and encouragement to the country’s diverse cultures; and caring for the under-privileged.
• The media should act as a bridge between the Government and people and should ensure that justice is not denied to the people, particularly the vulnerable and marginalised sections of society.
• It should give equal importance to all regions of the country and all segments of society.

Challenges to Freedom of Press in India

• There are news, breaking news and the so-called “fake news”, apart from the constant flow of information or disinformation, ideas, updates, alerts and other content on the digital media.
• The problem of mob lynching on the basis of false news poses a threat to the press freedom.
• The cardinal principles of journalism, such as truth, objectivity, accuracy, credibility, fairness, impartiality, humanity and accountability, seem to have taken a back seat with news purveyors themselves assuming the role of gate-keepers.
• The viewer or reader, who has been reduced to a passive recipient of one-sided information, will have to read three or four newspapers or watch three or more television news channels to get a fairly proper perspective of an issue or a development.
• The truthful reportage has become a casualty due to the mixing of commercial interests, ideological leanings and insane scramble for breaking stories.
• The dictatorship of TRPs on the content of the electronic media, the scope for trivializing and sensationalizing issues will only increase.
• The prime time debates tend to focus on non-serious issues, which hardly serve to promote the greater good of the society.

Importance of Freedom of Press

• The freedom of press is denoted as the backbone of the democracy because the democracy survives under the freedom of press. Democracy means the government of the people, by the people and for the people and the press makes it possible for the government to know the moods and necessities of the people.
• The press is considered to be the most influential medium of communication because of its very wide dimension and it assists to uncover the truth.
• The press helps in creating, moulding and commuting public opinion and it is also considered as an instrument of imparting education.
• The press plays the role of public vigilance and acts as effective checks on the malpractices and corruption, not only on the government officers but also on the private individuals.
• The language press strengthens the bonds of the community within the state and thus helps in achieving stability and solidarity in the nation.
• Media plays an important role in forming opinions and influencing decision making by the people, comparing present and past experiences, actions, works etc. done by different governing bodies.
• It also helps in giving feedback, exposure and conduit mechanisms by the people to the government, so that the representatives can work according to their needs and requirements.

Judicial Viewpoint on Freedom of Press in India

• The Supreme Court has held that there was no need to mention freedom of the Press separately, because it is already included in the guaranteed of “freedom of expression”.
• In Romesh Thapar v/s State of Madras, the court observed that “Freedom of speech & of the press lay at the foundation of all democratic organization, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible.
• The Supreme Court observed in Union of India v/s Association for Democratic Reforms that one-sided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry which makes democracy a farce.
• In Indian Express Newspapers v/s Union of India, the Supreme Court has been held that the press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom.

Role of Media in Internal Security of India

• Media plays the role of information provider, information disseminator and it can mould the perception of people and the government.
• Through its ground reporting, it can warn off governments about issues which can become security threats in future.
• It can disseminate information regarding various programmes of the government launched for the vulnerable section and thus creating a feeling of belongingness and mass based shield against internal security threats.
• It can act as a moral builder by showcasing the gains country has made in different spheres.
• It also helps in countering propaganda and act as a tool to play information war.
• It has to strike a balance between giving instantaneous news and not acting as a tool in the hands of antithetical elements by telecasting horrifying images.
• It should not act as an intelligence tool for terrorist by live telecasting operation details of security agencies.

Remedial Measures to be adopted

• In the prevailing digital era when millions are using social media platforms, journalists will have to be extra careful in checking the truthfulness or authenticity of information and guard against ‘fake news’ disinformation and misinformation.
• To some extent, all the media houses must imbibe the qualities of public service broadcaster.
• The media must enlighten people on their rights as only an informed citizenry can provide the best checks and balances in a democracy.
• The media should also act as an instrument of reformation in the transformation of India into a leading economic power in the coming decades.
• The media should function as ‘Means of Empowerment for Development through Informed Actions’.

Road Ahead

• A democracy can thrive only when all shades of opinion are allowed to be expressed fully and freely and if there is an attempt to stifle or shut out contrarian viewpoints then it is unhealthy for a democracy and will hamper intellectual development.
• At the same time, the anarchic forces cannot be allowed to create chaos, dissensions and undermine the country’s unity and integrity in the garb of freedom.
• There is far more social responsibility on the shoulders of the media in a country like India where still more than 20 per cent of the population is not literate and below the poverty line.
• The press is regarded as the fourth pillar of democracy, as it is a potent check on the policies of the government, which are formulated with malafied intentions.
• The Press is the voice of the voiceless and should promote the rights of the minority; it is the duty of the press of any country to ensure that the government is functioning properly and no section of the society is left behind or is not treated well.