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.
Citizens of India are guaranteed the right of freedom of speech and expression. Every Indian, including press reporters, can express ideas and views freely through press and public platform.
Freedom of expression enables one to express one's own voices as well as those of others. But freedom of the press must be subject to those restrictions which apply to the freedom of speech and expression. The restrictions mentioned in Article 19 are defamation, contempt of court, decency or morality, security of the state, friendly relations with other states, incitement to an offence, public order and maintenance of the sovereignty and integrity of India.
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 circulation 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.
In 1976, during the emergency, the Parliament enacted the Prevention of Publication of Objectionable Matter Act. The Janata Government in 1978 repealed the Act. However, the 44th amendment adopted in 1978 has given the Parliament substantial powers to regulate press freedom. A new article, Article 361A has been added to the constitution with this object in view.
The censorship of the Press is a very crucial and sensitive issue in every democracy. In general press censorship is regarded as very unhealthy check on the freedom of free expression of views. In India, the constitution does not specifically forbid press censorship. Hence only check on the state in resorting to censorship is that it should be reasonable. Even this check on the government was not there before the 1st amendment of the constitution in 1951. But in two cases, Brij Bhusan vs. the State of Delhi and Ramesh Thapar vs. State of Madras, the Supreme Court held that censorship imposes obvious restrictions on freedom of speech and expression. After the last amendment, censorship is permitted if it is reasonable and if it is called for in the interest of public order.
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 Article 352 censorship is valid when Article 19 itself stands suspended under Article 358 of the constitution.
Freedom of Press Defined
It is an absence of statutory and administrative control on dissemination of information, ideas, knowledge and thoughts. The freedom of the press and of expression is guarded by the First Amendment to the US Constitution which specifically lays down that this freedom be in no way abridge by the laws. It is not Indian Leaders were not aware of the US First Amendment or of Jefferson’s famous declaration when he said that “Were it left me to decide whether we should have a government without newspaper or newspapers without a government, I should not hesitate a moment to prefer the latter.” Jawahar Lal Nehru echoed similar views “I would rather have a completely free press, with all the dangers involved in the wrong use of that freedom, than a suppressed or regulated press.” Voltair once said, “I do not agree with a word you say but I defend to death your right to say it.”
Mrs. Gandhi has never had much faith in the press. Her misgivings about the press wee first expressed in her address to the International Press Institute Assembly in New Delhi on November 15, 1966, when she blamed the press for for giving wide publicity to student unrest in the country. She said, “How much liberty should the press have in country like India which is engaged in fighting a war against poverty, backwardness, superstition and ignorance.” Mrs. Gandhi would not suggest restrictions that might be imposed on the press but said that it was for the leading editions, and journalists of the country to decide. Nine years later when Mrs. Gandhi declared emergency action was taken against the press immediately and complete censorship was imposed.
Kuldip Nayar, a veteran journalist wrote to Mrs. Gandhi soon after she imposed the emergency, “if newspaper have criticized the government, it is largely because of its sluggish administration, slow progress in the economy field and the gap between promise and performance. My concept of a free press is to ferret out the truth and let the public know.”
To preserve the democratic way of life, it is essential that people should have the freedom to express their feelings to make their views known to the people at large. The press, a powerful media of mass communication should be free to play its role in building a strong viable society. Denial of the freedom of press to citizens would necessarily undermine the power to influence public opinion.
Besides the restrictions imposed on the press by the Constitution, there exists various other laws which further curtail press freedom and the right of the citizen to information as well as the right to freedom of speech and expression. They are all in force in the interest of public order of the sovereignity and security of the state.
Conclusion
At last it can be concluded that, 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.
Freedom of expression enables one to express one’s own voices as well as those of others. But freedom of the press must be subject to those restrictions which apply to the freedom of speech and expression. The restrictions mentioned in Art. 19 are defamation, contempt of court, decency or morality, security of the state, friendly relations with other states, incitement to an offence, public order and maintenance of the sovereignty and integrity of India.
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.