Freedom of PRESS

 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."(6)

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. They are supposed to guard public interests by bringing to fore the misdeeds, failings and lapses of the government and other bodies exercising governing power. The press has therefore been rightly described as the Fourth Estate.

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." (7)

The Indian Constitution provides for this freedom in Article 19(1)(a) which guarantees right to freedom of speech and expression. It has been held that this right to freedom also includes press freedom. It is an implied or deduced right.[The economic and business aspects of the press are regulated under Article 19(1)(g) which provides for freedom of profession , occupation, trade or business which is restricted by Article 19(6) which includes provisions for public interest, professional and technical qualifications and state nationalization- total or partial.]

Freedom granted under Article 19(1)(a) is restricted by the limitations which are mentioned in Article 19(2) which provides that the guarantee of the above right would not affect the operation of any existing law in so far as it is related to , or prevent the state from making any law relating to libel, slander, defamation, contempt of court or any matter which offended against decency or morality or which undermined the security of or which tended to overthrow the state.



Article 19(2) has been amended twice since the commencement of the Constitution. The first Amendment was in 1951 and it was followed by a second one in 1963.

Article 19(2)was first amended by the Constitution (First Amendment) Act ,1951. This Amendment enlarged the scope of the restrictive clause by addition of three new grounds viz. Friendly relations with foreign states , public order and incitement to an offence.

The term 'defamation' being a generic one and 'libel' and 'slander' being its species ; that term and the words 'tends to overthrow the state' was dropped by the Amendment. The expression 'security of the state' was meant to cover the ground 'to over throw the state' also. Another feature of the first Amendment was inclusion of the word "reasonable" before the word "restrictions". 

As a result of the cries and agitation for secession from India by the regional groups Article 19(2) was further amended . It was amended by the Constitution [Sixteenth Amendment] Act 1963 which included one more ground in the clause, viz. "sovereignty and integrity of India."

The clause, Article 19(2) now runs as follows :

"Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the state from making any law , in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interest of the sovereignty and integrity if 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."



Although Article 19 (1)(a) is limited by the above clause the courts have adopted a liberal view while deciding questions pertaining to press freedom of constitutional validity of an impugned statute. The superior courts discharged the role of sentinel on the 'qui vive'.

The Supreme Court has emphasized the great value of the freedom of press in democratic society. Thus from the start the judiciary has vindicated the stand taken in the Constituent Assembly . 

In Romesh Thappar v State of Madras (8) the Supreme Court struck down as violative of Article 19(1) (a) , the Madras Maintenance of Public Order Act 1949, whose section 9[1A] sought to impose restrictions on the freedom of press not against undermining the security of the state or its overthrow but for the wider purpose of securing public safety or maintenance of public order ;as in the opinion of the Court the law fell outside the scope of Article 19(2).

The Court laid down the following rule that so long as the possibility of a law being applied for purposes not sanctioned by the Constitution cannot be ruled out , it must be held to be wholly unconstitutional and void since it is not severable.



The Court also struck down in Brij Bhushan v State of Delhi (9) which was essentially on the same lines , the East Punjab Public Safety Act1949 which, through its section 7 (1) (o) , provided for special measures to ensure public safety and the maintenance of public order.

In re the Bharati Press the validity of section 4 (1) (a) of the Press [Emergency Powers] Act 1931 was in question. The section which dealt with incitement to an offence was held to be worded in general terms and was declared ultra vires by the Patna High Court as it could have been applied to both 'aggravated forms of offences like political assassination and as also to ordinary murders or cognizable offence involving violence .'

Hence Constitution [First Amendment]Act ,1951 was passed to include the grounds of public order and incitement to an offence to meet the situation which arose from Supreme Court's decision in Romesh Thappar's case. (10)



Brij Bhushan v State of Delhi (11) also dealt with the question of validity of censorship . It was held that such censorship on a journal previous to its publication would amount to infringement of Article 19(1)(a).

The Supreme Court held in the Auto Shanker case that the government has no authority in law to impose a prior restraint upon publication of defamatory material against its officials. (12) The Court also observed that to propagate ones ideas every citizen has a right to publish, disseminate and circulate them to reach any class and any number of readers subject of course to the limitations permissible under a law competent under 

Article 19(2).(13)

Freedom of press is also both qualitative and quantitative . (14)The view of the Courts regarding press freedom can be summed up as follows:

"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 responsible judgments. Freedom of press is a heart of social and political intercourse, It is the primary duty of Courts to uphold the freedom of press and invalidate all laws or administrative actions which interfere with it contrary to the constitutional mandate." (15)



The 44th Amendment[1978] of the Constitution also provides for constitutional protection for journalists from 'breach of parliamentary privilege' as they are allowed to publish proceedings of the Parliament and state legislatures . Article 361-A was incorporated into the Constitution by this amendment and it provides that 

No person shall be liable to any proceedings, civil or criminal , in any Court in respect of the publication in newspaper of a substantially true report of any proceedings of either house of Parliament or the Legislative Assembly or as the case may be either house of legislature of a state; unless publication is proved to have been made with malice. But this immunity does not apply to the publication of a report of a secret sitting of a house.

Prior to the amendment this protection was given only by a parliamentary law-Parliamentary Proceedings (Protection of a Publication) Act ,1956.

But the legal implications arising out of the concept of 'press freedom' are many and hence they are not confined to the constitutional provisions alone. The different aspects of it infringe inter alia  on criminal law , law of contempt, Copyright Act , Official Secrets Act, Freedom of Information Act, Law of torts, Prevention of Insults to National Honour Act etc , to name a few .

These laws deal with different issues like those of decency or morality, the issue of privacy Vs right to information, defamation etc. Issues arising due to investigative reporting are also dealt with by these laws. There are also exclusive press laws like Working Journalists Act, Press Councils Acts, Newspapers Act, Press and Registration of Books Act etc. The Press Councils Act created the quasi judicial body- Press Council of India.



Article 19 of Universal Declaration of Human Rights is also recognized and followed in India, which states that: 



"Every one 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 frontiers."