Freedom of The Press in India

The Freedom of the Press is nowhere mentioned in the Indian constitution. The Right to Freedom of Speech and Expression is provided in Article 19 of the Indian Constitution. It is believed that Freedom of Speech and Expression in Article 19 of the Indian constitution include freedom of the press.

The status of freedom of the press is the same as that of an ordinary citizen. The press cannot claim any immunity from taxation, is subject to the same laws regulating industrial relations, and press employees are subject to the same laws regulating industrial employment.

Again, the press enjoys normal freedom of expression guaranteed by Article 19 of Indian Constitution. Hence no law can be passed to abridge its freedom of expression, cannot be subjected to excessive or prohibitive burdens to curtail its circulation and cannot be subjected to specific tax deliberately imposed to limit circulate*on of information. In gist, the constitution does not grant any power to the government to impose arbitrary restrictions on the press. Politicians in power often feel very tempted to pass laws restricting press freedom, to withhold information likely to generate unfavorable reactions among the people.

Thus the present position is censorship is valid in times of emergency if it is reasonable and if in the interest of public order. In times of emergency under Art 352 censorship is valid when Art 19 itself stands suspended under Art 358 of the constitution

In the case of Union of India v. Motion Picture Associatio, frenedom of speech was advocated profoundly. The said judgment upheld free speech as a foundation of democratic society. It is the only kind of freedom, which makes it possible for the people to formulate their own opinion on a proper basis in order to exercise their social, economic and political rights in their free society in an informed manner. Freedom of speech and expression also means freedom to propagate ideas by way of circulation of press. Liberty of circulation is as important as publication by the print media or press. Without circulation, the publication would be worthless.

Nothing in this world is absolute; hence freedom of speech and expression is also subjected to certain restrictions. No person has the right to speak or express any views towards any person or organization if it is not true. This would lead to defamation, which is punishable under both Indian Penal Code, 1860 as well as the law of torts. But in case where a person in good faith believes that certain facts are true about another person or organization then it would not be considered as an offence. Sometimes, when the press meddles in certain court proceedings which hamper the fair process of trial and delivering of justice then the press can also be charged for contempt of court under Contempt of Court Act, 1971. The press should not try to create an opinion among the people as well as the judges towards a certain case, where the outcome may be prejudicial to the interest of the accused. It can be seen that pre-trial publications have not been given importance in the existing laws dealing with contempt.

In the case A.K Gopalan v. Noordeen , the Supreme Court held that a publication made after “arrest” of a person could be considered as contempt if it was prejudicial to the suspect or accused.