FREEDOM OF PRESS AND LEGAL PROVISIONS

INTRODUCTION

The press’s position and significance in a democracy is well understood. Under its ambits, Article 19(1) of the constitution grants freedom of speech and expression, as well as freedom of the press. The presence of a free, independent, and influential media is essential to democracy, especially in a society as diverse as India. The media is not only a tool for expressing one’s opinions, but it also bears responsibility for the purpose of influencing public opinion on a variety of regional, national, and international issues. The constitution of the people is democracy. A structure of three solid pillars, namely the executive, legislature, and judiciary, the assurance of article 19(1) has given rise to a fourth pillar, the media. The need for interdisciplinary collaboration has grown as the media’s position has grown. It is impossible to overstate the importance of the transparency and professionalism in reporting. The media’s right must be exercised under acceptable limits. This paper is an attempt to consider the role that the press and media play in our society, as well as to demonstrate the areas of their duties where legal regulations are needed.

The primary goal of the free press pledge is to create a fourth agency outside of government to serve as a check on the three official branches of government: executive, legislative, and judicial. The press’s primary role is to provide comprehensive and unbiased reports on all facets of the country’s social, economic, and political existence. The press is a strong antidote to government leaders abusing their authority, as well as a way of holding elected officials accountable to the voters they were elected to represent.
Information is known as democracy’s lifeblood. It energises the area where it settles. People cannot participate meaningfully in the affairs of government if they are unaware of what is going on in their society and the activities of those in power. A democratic government’s ability to survive depends on freedom of speech, the dissemination of knowledge, and access to information.
The freedom of any person to access records kept by or under the jurisdiction of public bodies, known as the “Right to Information,” may therefore be an important mechanism for promoting good governance. Participation, rule of law, openness, responsiveness, justice, and inclusiveness, effectiveness, performance, responsibility, strategic strategy, and consensus are all important aspects of good governance.
Transparency ensures that decisions are made freely and that laws and legislation are followed. It necessitates that knowledge be made freely and directly available to those who will be impacted by such decisions and their implementation. It also implies that sufficient detail is given to all stakeholders in clearly accessible formats and media in order for them to participate meaningfully in the decision-making process. Accountability refers to the responsibility of democratic agencies and functionaries to the public and their administrative partners. In general, 3those that would be impacted by an organization’s or institution’s decisions or activities should be held accountable. Without a transparent regime, accountability cannot be imposed.
The right to information, responsible citizens, and good government both have a direct relationship. The Right to Information allows people to learn what the government does about them, why it does it, and how it does it. Good governance creates a framework for elected officials to work professionally, effectively, and transparently while being responsible to the public. The fundamental principles of good governance, such as public interest in government, reverence for the rule of law, freedom of speech and association, openness and accountability, government credibility, and the like, will only be realised if the right to know is applied in the right spirit. Good government is defined by the right to know.

LEGAL PROVISIONS

1. Article 19(1), 19(2)
Freedom of the press has been included as part of freedom of speech and expression, which is a widely accepted right ratified by the United Nations Organization’s General Assembly on December 10, 1948, in order to achieve the key objectives. Article 19 contains the heart of the declaration, which reads as follows:
“Everyone has the right to freedom of speech and thought, which requires the freedom to hold views without intervention and the freedom to search, obtain, and transmit knowledge and ideas across every medium and through all borders.”
The Supreme Court, in Union of India v. Assn. for Democratic Reforms, took the same position on the right to express one’s own views without intervention, as follows:
One-sided information, deception, propaganda, and lack of information all contribute to an under-informed citizenry, making democracy a farce. The right to impart and obtain information, as well as the freedom to hold views, are all part of freedom of speech and expression.”
In India, freedom of the press is implied by Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression. Both people have the right to freedom of speech and expression, according to Article 19(1)(a). However, under Article 19(2), fair limitations on the expression of this right for specific purposes are applied.

2. Restrictions on Indian Media
The right to freedom of the press is included in the right to freedom of speech and expression. In a democracy, press freedom is critical because it (the press) serves as a watchdog for the three organs of government: the legislative, the executive, and the judiciary. However, press freedom 11does not exist in its purest form. It is subject to such limitations set out in Article 19(2) of the Constitution. It establishes the following grounds for restriction:
1) India’s Sovereignty and Integrity
2) Protection of the state
3) Good relations with foreign countries
4) Maintaining Public Order
5) Morality or decency
6) Contempt of court


Source: Politics Democracy available at :http://politicsdemocracy.blogspot.com/2014/01/social-media-as-fifth-pillars-of.html

Effects of media available at : http://lifestyle.iloveindia.com/lounge/what-are-the-effects-of-media-in-our-822.html (Visited at : 21-02-21)

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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