supremo amicus volume 17 issn 2456-9704 judicial ...infamous radia tapes controversy, live coverage...

SUPREMO AMICUS

VOLUME 17 ISSN 2456-9704

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www.supremoamicus.org

JUDICIAL INTERPRETATION OF

THE FOURTH ESTATE

By D R Shashank

From Symbiosis Law School, Pune

ABSTRACT

The Press which is actually regarded as the

fourth estate is no longer relegated to a fourth

position, its pervasiveness enables it to

command power and influence which, in

many ways, surpasses that of the other three

states. The citizen no longer depends upon

the opposition as the watchdog of authority.

In its true sense the fourth estate should

safeguard democracy and defend public

interest, to expose corruption and check the

abuse of authority. Modern technology has

strengthened the fourth estate to an extent

where it can permeate all walks of life –

political, social and economic. It is

omnipresent, a big brother, watching

everything, everywhere. When other estate

fail, the citizen, the media, through its

sustained campaigns, evokes public

indignation, and spurs the State into speedy

redress. Indeed, no other estate wields the

kind of power and influence on public

opinion that the media does. Freedom of the

press does not occupy a preferred position in

the Indian constitution which does not

recognize a hierarchy of rights. There are

however dicta of the Supreme court

describing freedom of the press “the Ark of

the Covenant of Democracy”, “the most

precious of all the freedoms guaranteed.

Freedom of expression and the freedom of

the press, however precious, like other

fundamental rights is not absolute.it may be

restricted by a law, not by departmental

1 Factors affecting Freedom of the

Press. Nature 138, 795 (1936).

circulates or administrative instructions, and

that too only on the grounds specified in

Article 19 (2) of the Constitution,

furthermore the restriction must be

reasonable the validity of restriction must be

justiciable.

STATEMENT OF PROBLEM

Press and media is a medium of social, public

and political intercourse. It is a platform for

expression of opinion, a means of

communication of facts and circumstances of

public affairs. As the fourth pillar of State, it

is an educator of the people. There are

numerous occurrences when the opportunity

of press and media has been stifled by various

factors such as government intervention,

legal factors, the pressure of public or semi-

public bodies may be exerted in various ways

which make it more and more difficult to

voice emphatically the grievance of an

individual or group against authority and

monopoly but absolute freedom of the press

is neither possible nor desirable. There are

strong arguments for keeping restrictions and

external pressure of every kind to a

minimum1. This research paper aims to

identify the rights guaranteed to the press and

media and the reasonable restrictions

imposed for the safeguard of public policy

and how judiciary interpret different facets of

violation of rights. In the era where the fate

of the press is bound up with the fate of

democracy, and in any type of State the press

will have to fight harder to justify its

existence against competition and

encroachments of many kinds its high time

that a balanced should be maintained

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between violation and protection of rights of

the press and media.

LITERATURE REVIEW

1. 21ST CENTURY JOURNALISM IN

INDIA: SAGE: BY NALINI RAJAN

21st Century Journalism in India is a way

breaking book that takes a gander at the

practices and hypotheses of news coverage in

the 21st century. This assortment of

compositions by rehearsing columnists is

maybe one of a kind in that they have turned

the focus on their own calling. The book

covers an in-depth analysis of the practices

and theories of journalism in this century.

This collection of writings by practising

journalists is perhaps unique in that they have

turned the spotlight on their own profession.

2. SORABJEE (2018) ON ‘INDIAN

EXPRESS’

He writes that the law of sedition is being

misused in recent times. Under the Indian

constitution, Article 19 (1) (a) guarantees the

right to speech and expression to the citizen

of India, but this right is not absolute as it

comes with reasonable restriction. It can be

restricted under Article 19 (2) if it possesses

a threat to the public order or security of the

Nation. While adopting Indian constitution,

the insertion of sedition as a ground to

restriction of speech under Article 19 (2) of

the constitution was questioned while making

the draft, as it was used as a weapon by

colonials to suppress Indian nationalists

during the struggle for independence.

Though, sedition is a criminal offense under

IPC Section-124A which authorizes life

imprisonment and fine, if found convicted.

Sedition is defined as an act that has the

2 Book preface: Facets of the media law by Madhavi

Goradia Divan

potential to incite hatred or violence upon the

state. It should be noted that fair criticism of

government or administration does not comes

under sedition but incitement to violence or

threat is. The author acknowledges that

sedition has been misused in recent times but

also says that solely erasing of the law won't

remove the dilemma as there have been many

laws that are abused. The honour of the

Indian state can only be protected if the

provision is rightly understood.

3. FACETS OF MEDIA LAW: BY

MADHAVI GORADIA DIVAN

The title of the book facets of media law is a

misnomer and is attributable to the modesty

of the author. In reality the book is a mini

encyclopaedia of the multiple dimensions of

media law of which freedom of expression

and freedom of the press are essential

components. The book illustrates various

aspects of the dimensions of the extent to

which rights and restrictions of press and

media are in loop. Issues such as the

infamous Radia tapes controversy, live

coverage of the 26/11 terrorist attacks in

Mumbai, the arab spring and the role that the

media and the modern communications

technology played in those momentous

events, and on the ongoing debate on media

self-regulation are addressed with insight and

clarity in media writing. In the time when the

judiciary is time and again accused of

encroaching on the executive and legislate

domains and, on the other hand, the fourth

estate is criticized for usurping the functions

of the judiciary, the relevance and importance

of this work to law practitioners, students and

the general public cannot be underestimated.2


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RESEARCH OBJECTIVE

The job and significance of media in a

majority rules system are very much

perceived. Article 19(1) (a) of the

Constitution of India, which gives the right to

speak freely of discourse and articulation

incorporates inside its ambit, opportunity of

the press. The presence of a free, autonomous

and ground-breaking media is the foundation

of a majority rules system, particularly of an

exceptionally blended society like India.

Media isn't just a medium to communicate

one's perspectives, yet it is additionally liable

for building popular assessment on different

subjects of territorial, national and universal

plan. The expanded job of the media in the

present globalized and technically

knowledgeable world was suitably placed in

the expressions of Justice Hand of the United

States Supreme Court when he stated, "The

hand that rules the press, the radio, the screen,

and the far-spread magazine, governs the

nation". In any case, as Indian culture today

has gotten to some degree flimsy on its 3

legs-the official, the lawmaking body and the

legal executive, the assurance of Article 19

(1)(a) has offered ascend to a fourth column

for example media. With this expanded job of

the media, the requirement for its

responsibility and polished skill in reportage

can't be underscored enough. The

opportunity of the media must be practiced

inside sensible limits. With incredible force

comes extraordinary duty. So also, the

opportunity under Article 19(1) (a) is

correlative with the obligation not to damage

any law. This paper is an endeavor to

perceive the job the press and media is

playing in our nation and to feature the

3 Ramlila Maidan Incident, re

territories of their capacities where there is a

necessity of lawful guidelines.

RESEARCH METHODOLOGY

This is a purely exploratory and interpretative

research. The analysis is done on the basis of

secondary data accessible on the internet,

websites, research papers, newspapers, books

etc. In the dictum of qualitative and

quantitative research it is primarily

qualitative.

CONSTITUTIONAL PROVISIONS ON

THE FREEDOM OF SPEECH AND

EXPRESSION

“Were it left to me to decide whether we

should have a government without

newspapers, or newspapers without a

government, I should not hesitate a moment

to prefer the latter”

The freedom of speech and expression has

been described as the mother of all liberties.

The freedom of speech and expression is

regarded as the first condition of liberty. With

the development of law in India the right to

freedom of speech and expression has taken

within its ambit the right to receive

information as well as the right of press3.

[1.1] CONSTITUTIONAL STATUS

The press and media derive its rights from

Article 19(1) of the Indian Constitution.

Therefore, the rights enjoyed by press and

media is no less than the rights enjoyed by the

citizens of the country. the freedom of the

journalist is and ordinary part of the freedom

of the subject and to whatever lengths the

subject in general may go, so also may the

journalist, apart from the statute law, his

privilege is no other and no higher.4

4 Channing Arnold v. King Emperor, AIR 1914 PC

116


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Therefore, the press and media have to work

in accordance to the law as with the rights

guaranteed, there are also reasonable

restrictions imposed.

[1.2] FACETS OF SPEECH AND

EXPRESSION UNDER ARTCILE

19(1)(a)

The freedom of speech and expression is a

dynamic concept that has evolved with time

and advances in technology. Briefly, Article

19 (1)(a) covers the right to opinions by way

of writing, printing, picture, word of mouth

or in any other manner. It includes the right

to propagate and the freedom of

communication. The communication of ideas

may be through any medium, newspaper,

magazine or movie, including the electronic

and audio-visual media.5

[1.2.1] RIGHT TO CIRCULATE

The right to free speech and expression

brings along the right not only to publish but

also to circulate information and opinion.

Without the right to circulate, the right to free

speech and expression would have little

meaning. The freedom of circulation has

been held as essential as the freedom of

publication.6 In Sakal Papers (P) Ltd. v.

Union of India7 the Supreme Court held that

the State could not make laws which directly

affect the circulation of a newspaper for that

would amount to a violation of the freedom

of speech. The newspapers should be left free

to determine their pages and their

circulation.8 Any restriction leading to a loss

5 S. Rangrajan v. P. Jagjivan Ram, (1989) 2 SCC 574 6 Romesh Thappar v. State of Madras, AIR 1950 SC

124 7 AIR 1962 SC 305 8 Bennett Coleman & Co. v, Union of India (1972) 2

SCC 788

of advertising revenue would affect

circulation and thereby, impinge on the

freedom of speech.9 In Indian Express

Newspapers (Bombay) (P) Ltd. v. Union of

India, the Supreme Court held that the

expression “freedom of the press”, though

not expressly used in Article 19, was

comprehended within Article 19 (1)(a) and

meant freedom from interference from

authority which would have the effect

interference with the content and the

circulation of newspapers.10the court held

that any attempt to deny the right to

circulation and propagation of ideas must be

frowned upon, unless it falls within the

mischief of article 19 (2). 11

[1.2.2] RIGHT TO DISSENT

Freedom of speech and expression covers the

right to criticize the government, which is the

pre requisite of a healthy democracy. The

draft constitution proposed that laws

penalizing sedition would be an exception to

free speech. there is no room under our

constitution for a more restrictive view for

the alternative would lead to standardization

of ideas either by legislatures, quotes or

dominant political or community groups.12 In

Directorate General of Doordarshan V Anand

Patwardhan, the supreme court held that the

state cannot prevent open discussion, no

matter how hateful to its policies.13 A society

wedded to the rule of law, cannot trample

upon the rights of those who assert views

which may be regarded as unpopular or

contrary to the views shared by the

9 Ibid, (SCC)813, para. 43 10 Indian Express Newspapers (Bombay)(P) Ltd. v.

UOI, Ibid, (SCC) 693, para. 84 11 LIC V Manubhai D. Shah. , (1992) 3 SCC 637 12 Terminiello V Chicago, 93 L Ed 1131. 13 (2006) 8 SCC 433


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majority.14the right of a playwright, of the

artist, writer, and the poet will be reduced to

husk if the freedom to portray a message –

whether it be in canvas, prose or verse – is to

depend upon the popular perception of the

acceptability of that message.15

[1.2.3[ RIGHT TO RECEIVE

INFORMATION

The freedom of speech and expression

comprises the right to express, publish and

propagate information through circulation

and also to receive information. This was

held by the supreme court in a series of

judgement which have discussed the right to

information in varied contexts – from

advertisements enabling the citizens to get

vital information about life saving drugs,16to

the right of voters to antecedents of electoral

candidates.17

[1.2.4] REPORTING LEGISLATIVE

PROCEEDINGS

The right to report legislative proceedings

has often been curtailed in the name of

legislative privilege available to both

parliament and the state assemblies.

Legislative to special rights conferred by the

constitution on parliament and the state

legislature to ensure freedom of speech for

the legislators, to enable them to discuss and

debate matters of importance without the fear

of inviting liability of any sort.18

It is the essence of parliamentary system of

government that people’s representatives

should be free to express themselves without

14 Anand Chintamani Dighe V State of Maharashtra,

(2002) 2 Mah Lj 14 15 Anand Chintamani Dighe V State of Maharashtra,

(2002) 2 Mah Lj 14 16 Tata Press ltd V MTNL, (1995) 5 SCC 139. 17 Union of India V Assn For Democratic Reforms,

(2002) 5 SCC 294

fear of legal consequences. What they say is

only subject to the discipline of the rule of

parliament, the good sense of the members

and the control of proceedings by the

speaker. The court have no say in the matter

and should really have none.19

[1.2.5] REPORTING COURT

PROCEEDING

The press has privilege’s on account of the

citizen’s right to be informed on matters of

public importance. lord Donaldson in

Attorney GENERAL v. GUARDIAN

newspapers ltd. observed “press and media

are the eyes and ears of the general public.

They act on behalf of the general public.

Their right to know and their right to publish

is neither more nor less than that of the

general public. Indeed, it is that of the general

public for whom they are trustees.20

[1.2.6] REPORTING LEGISLATIVE

PROCEEDINGS

Legislative privilege refers to special rights

conferred by the constitution on the

parliament and the state legislators to ensure

freedom of speech for the legislators, to

enable them to discuss and debate matters of

importance without the fear of inviting

liability of any sort.21In an age of information

and accountability, where the live telecast of

the legislative proceeding has become

mandatory,22The whole concept of legislative

privilege and contempt is anachronistic. In

the Searchlight case23 a notice for breach of

privilege was issued against the editor of

18 Constitution of india Arts.105,194. 19 Tej Kiran Jain V. N. Sanjiva Reddy, (1970) 2 SCC

272 20 (1990) 1 AC 109 21 Constitution of India, article 105,194. 22 Gazette notification number 16 (1) 23 AIR 1959 SC 395.


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search right, a well-known English daily for

publishing an expunged portion of the

proceedings of the Bihar state assembly the

editors petition in the supreme court,

complaining that his right to freedom of

speech had been violated, was dismissed. The

Supreme Court held that the report of an

expunged portion of a member’s speech

would, prima facie, amount to a breach of

privilege.

VIOLATION OF RIGHTS BY PRESS AND

MEDIA

[2.1] INFRIENGEMENT OF

RIGHT TO PRIVACY

The Supreme Court of India first recognized

in Kharak Singh v. State of U.P. and Others

1964 24that there is a right to privacy implicit

in the constitution under Article 21of the

Constitution which states that, “No person

shall be deprived of his life and liberty except

according to procedure established by law.”

There is also a right to privacy guaranteed by

Indian laws.25 PUCL v. UOI26, the courts

observed that the right to privacy is an

essential ingredient of the right to life.

Unlawful attacks on the honour and

reputation of a person can invite an action in

tort and / or criminal law/Right to privacy,

once incorporated as a fundamental right, is

wide enough to encroach into any sphere of

activity. The conferment of such a right has

become extremely difficult with the

advancement of technology and the social

networking sites. But the other side of the

picture is that right to privacy of a person

includes the right to seclude personal

24 AIR1964 SCR (1) 332 25 Justice K.S.Puttaswamy(Retd) vs Union Of

India (2017) 10 SCC 1 26 AIR 1997 SC 568.

information. The extent to which the realm of

privacy of each person should remain is

subjective, which might differ from person to

person. State of Uttar Pradesh v Raj Narain, 27the Supreme Court of India held that Article

19(1) (a), in addition, to guaranteeing

freedom of speech and expression,

guarantees the right to receive information on

matters concerning public interest. However,

more recently concerns over balancing the

right to information with the right to privacy

have been raised, especially, by controversies

like the Radia-tapes28. The question, where

there is a conflict, which should prevail over

the other, is well explained by bringing in the

concept of ‘public interest’ and ‘public

morality’. The publication of personal

information of an individual without his

consent or approval is justified if such

information forms part of public records

including Court records.

The Indian media violates privacy in day-to-

day reporting, like overlooking the issue of

privacy to satisfy morbid curiosity. In the

landmark judge’s asset case, CPIO, Supreme

Court of India vs Subhash Chandra

Agarwal,29 the court recognised the tension

between the right to information and the right

to privacy, especially, with respect to public

persons. The court commented: “A private

citizen's privacy right is undoubtedly of the

same nature and character as that of a public

servant. Therefore, it would be wrong to

assume that the substantive rights of the two

differ.”

[2.2] DISRUPTION OF PUBLIC

ORDER

27 1975 AIR 865, 1975 SCR (3) 333. 28 Ratan N Tata v. Union of India and ors. 29 W.P. (C) 288/2009


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‘Public order’ is an expression of wide

connotation and signifies “that state of

tranquility which prevails among the

members of political society as a result of

internal regulations enforced by the

Government which they have established.”

Public order is not mere maintenance of law

and order in the society, public order literally

means public peace, safety and tranquility.

Anything that disturbs the regular public

tranquility and create unrest among people is

against public order.

The insertion of “public order” as a ground

under Article 19(2) by the constitution 1st

amendment act , 1951 was an attempt to get

over the effect of the decision of the supreme

court in Romesh Thapar 30and Brij Bhushan 31 case , the government of madras had issued

an order imposing a ban on the entry and the

circulation of the journal Cross Roads in the

state which involve disturbances of public

tranquility and are in theory offences against

public order. The court in the Brij Bhushan

case explicitly held that unless a law

restricting freedom of speech and expression

is directed solely against the undermining of

the security of the state or its overthrow , such

law cannot fall within the restrictions under

clause (2) of Article 19 , although the

restrictions which it seek to impose may have

been conceived generally in the interests of

public order.

In a country like India, where public opinion

is majorly shaped by media, it becomes

necessary that the information provided

should come with necessary filters so as to

prevent public unrest. Nowadays it is a trend

among the news channels, newspaper

publishers to hype the news unnecessarily

just for the sake of viewership has resulted in

30 AIR 1950 SC 124 : 1950 SCR 594.

the tarnishing of an individual or

community's image for which they tend to

manipulate the facts. Therefore, by

“necessary filters” it is meant that

manipulation of facts shouldn’t be done.

In the insurgency hit Kashmir valley, spread

of social media and cell phones has created

the phenomenon of ‘flash crowds’ at the site

of encounters. In addition, media like face

book and you tube are being used to great

advantage to carry out propaganda. As in the

most recent case of the introduction of CAA

and NRC, the news channels failed to provide

adequate information with regards to the

bills. If we talk about the illiterate population

of the country who can’t read the entire bill

will fail to understand the basic essence of the

act and have a biased opinion about it. It was

noticed during the protests against NRC and

CAA, many of them did not even have

complete knowledge about the bill. Hence, it

is the responsibility of the fourth estate to

curb the activities which disrupt public order

by providing complete and authentic

information without putting its own personal

opinion into it.

[2.3] DISCLOSING IDENTITY

OF RAPE VICTIMS.

“No person can print or publish in print,

electronic, social media, etc. the name of the

victim or even in a remote manner disclose

any facts which can lead to the victim being

identified and which should make her

identity known to the public at large. The bar

extends to anything which can even remotely

be used to identify the victim,” a Bench of

Justices Madan B. Lokur and Deepak Gupta

laid down the rule in their judgment.

31 AIR 1950 SC 129: 1950 51 CrI LJ 1525.


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In the ‘Nirbhaya’s’ rape case, the court held

that the bar on disclosure under Section

228A(2) of the Indian Penal Code, 1860 was

not confined to just the name of the victim but

actually meant that the “identity of the victim

should not be discernible from any matter

published in the media”.

In a country like India, the harsh reality is

when a woman is victimized of cases of

sexual nature the families are not even ready

to accept her. The so-called honor of the

family is a priority even before the life of the

daughter, many rape cases, sexual

harassment cases, molestation cases and

other cases of such nature does not even get

reported so as to protect the honor of the

family. In such a circumstance mental

harassment caused by her family further

deteriorate the psychological well-being. The

victim time and again gets humiliated when

she has to be presented in front of the court

and disclose all the minute details. Even then,

media publicizes such cases and cause them

all the more humiliation. Asifa rape case, the

rape of a 6-year-old girl in Kathua, Nirbhaya

rape case in Delhi, Priyanka Reddy’s rape

case in Hyderabad are few instances where as

per the law these names should have been

confidential and is a blatant violation of

Section 228 (A).

On December 11, 2018, the bench in the

Nirbhaya’s rape case held that “No person

can print or publish in print, electronic, social

media, etc. The name of the victim or even in

a remote manner disclose any facts which can

lead to the victim being identified and which

should make her identity known to the public

at large.”

And no sooner could it have happened when

rape case in Hyderabad happened and the

pictures of the victim were published all over

the media. All the details about the victim

was in the limelight. The media could take

the defense that the pictures were taken

before the women was identified, but what

about the fact that even after she was

identified, all the news channels displayed all

her pictures before and after the rape,

revealed her age, her profession and every

detail of hers. Disclosure of such personal

details not only hampers the mental peace of

the family but also gives chance to the so-

called moral police of the society to make

comments and moreover people tend to

assassinate the character of the victim itself.

[2.4] NATIONAL SECURITY

It is in the enlightened self-interest of media

practitioners to contribute, as well as protect

National Security. Although as members of

the 4th estate of the realm, the press has a

greater responsibility, therefore the press

must be faithful to its code of ethics. Truthful

and honest reporting must be the order of the

day. Press partisanship must be avoided at all

costs. There should be no display of

primordial tribal and ethnic considerations,

religious fanaticism and corruption via the

demand and acceptance of the so-called

brown envelopes. Fake news and hate

speeches should be ‘no go areas’ for any

responsible media practitioner.

National Security in the true sense is of

utmost importance and editors must carefully

scrutinize what they put out in their

newspapers and / or newscasts, as the case

may be, in order not to jeopardize the peace

and tranquillity of the nation. Indian media in

relation to coverage, discussion and analysis

of India’s national security matters has

displayed a deplorable insensitivity to both

national interests and national security

interests. In this respect the electronic media

is more to blame with their attempts to


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encapsulate complex national security issues

into thirty second sound "bites".

[1.1.2] Instances where national

security was put on stake by media.

1. The IC-814 hijacking to Kandahar case

where the entire electronic and print media

had gone berserk highlighting the heightened

passion of the relatives of the passengers

without keeping the wider perspective in

mind which pushed the government to take a

decision which was not in the national

interest.

2. Pakistani Proxy War in J&K: The media has

been absolutely reckless. India's vital

sensitivities are continually disregarded and

there is a challenge to embrace outrageous

progressive perspectives. One subject

regularly focused on is of Kashmiri

estrangement. Had that been thus, Pakistan at

this point would have dispensed a

Bangladesh on India.

3. India's Military Mobilization December

2001: Pakistan didn't need to utilize ISI to

keep an eye on India's activation endeavors

and moves of its key arrangements. The

Indian media was doing that job.

4. The Rafale deal: in the matter of procurement

of 36 jets from France has been a hots for

various controversies related to the cost of the

plane , the media further added to the chaos

and tried to defame government and ask them

to provide detail even when as per ‘Article-

10’ of the Inter-Governmental Agreement

(IGA) between Government of India and

Government of France on the purchase of

Rafael aircraft, the protection of the classified

information and material exchanged under

IGA is governed by the provisions of the

Security Agreement signed between the two

nations signed in 2008.”most of the

confidential detail related to the arms and

ammunition were revealed by the media

Indian media needs to be reined in on national

security issues does not have a wider

perspective of India’s national security

issues, National security of India is

paramount and the Indian media under the

guise of ‘press freedom’ cannot claim

unfettered sway and freedom for non-

objective means. India’s survival as a nation-

state is at stake due to both external and

internal threats. The armed forces, the para-

military forces, and the police are staking and

losing their lives to defend the country

against such threats. Hence Indian

governments of any political hue should not

permit trivializing or jeopardizing India’s

national security issues by the media.

CRITICAL ANALYSIS OF EMERGING

TRENDS, MEDIA ETHICS AND

REGULATION

Putting restrictions on the freedom of press is

a sensitive issue. Nonetheless, the concept of

absolute freedom can never prevail as it can

cause conflict of interests and further can

exploit the rights guaranteed. Therefore,

rights always entail obligations to respect

certain boundaries. However, restriction on

the various forms of freedom of expression

including the press is a common phenomenon

in every form of government across the

globe. There are certain general exceptions to

this right and such issues include security of

state, friendly relation with foreign state,

public order, decency and morality, contempt

of court, defamation, incitement to an offence

and sovereignty and integrity of India. USA

being a champion of free press, imposes

certain restrictions under the first amendment

of its constitution. The SC in Saia v. New


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York32 held that the restrictions as imposed

by law should be reasonable and

proportionate not arbitrary.

[3.1] INCREASED TRANSPERANCY

AND ACCOUNTABILITY

Transparency and accountability in public

life were significantly enhanced by the

privatization and growth of the audio-visual

media in the 1990s. in a country where 100%

literacy is still a goal, the impact of tv has

been phenomenal. The audio-visual medium

has the advantage of offering live coverage

that arouses responses and motions in a

manner with which reports in cold print, no

matter how incessive, simply cannot compete

Investigative journalism and sting operation

graphically capture the extent of the rot in

public life. the tehalka stings of 2001, known

as operation west end raised a storm and lead

to the resignation of the then defense, Gourge

Fernandis and the then BJP president

Bangaru Laxman another sting operation

Duryodhana exposed 11 members of

parliament taking cases in return for asking

questions in parliament33, hence were forced

to resign with exemplary promptitude.

[3.2] SENSATIONALISM AND TRIAL

BY MEDIA

There is another side to media revolution that

has not been quiet so commendable. Survival

in this intentionally competitive environment

depends on ratings and frantic mantra of the

times in TRP’s. India has more 24-hr news

network in any other country. The result of

this intense competition is an obsession with

grabbing “eyeballs” and the desperation to

carry “breaking stories” even on issues

unworthy of prominence. this results in

journalistic ethics and proprietary being

32 334 US 558

compromised. a fallout of the obsession for

breaking stories is the propensity to conduct

media trails in pending cases in including

pending criminal cases. The media often

drums up support in favour of or against an

accused. Accused persons and tearful

victim’s families are seen being extensively

interviewed on tv resulting streamline of

people’s opinion due to which it becomes

difficult for a judge to act independently.

[3.3] NEWS AS BUSINESS

Page 3, which started as a colourful break

from the monotony of the regular columns

has become a huge source of revenue of

papers. No longer are the purchases inserts

confined to the certain section of the paper

they have crept into the main section of the

paper and are indistinct able from the news

items. Earlier profit was farthest from the

agenda of these papers and they survived on

financial support from benevolent and

patriotic industry now, news has become a

sellable commodity for the consumer rather

than an instrument of intellectual debate and

social change.

[3.4] PAID NEWS

The practice of paying for editorial content

has cast a cloud on the Indian media for

several years. This practice actively misleads

and misinforms the public. in 2009 the media

in Maharashtra came up with “coverage

packages” which mend a candidate was

required to pay for coverage and if he did not,

he wasn’t covered at all. Simply no pay no

news. Indeed, the power of the politicians has

been overwhelmed by the power of media

Paid news is a threat to the very essence of

democracy this practice not only eliminates

real news but drowns out the election

33 www.Indiatodaygroup.com/itoday/20060102.


http://www.indiatodaygroup.com/itoday/20060102

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prospects of those who cannot compete with

money power.

Simply put forward money power has

become the driving force of the media and

hence the driving force of democracy.

[3.5] THE ATTACK OF 26/11

COVERAGE AND SELF REGULATION

coverage of the Mumbai was an excellent

example of how national interest and security

can be betrayed and human life’s jeopardised

by indiscreet and unfiltered reporting the

chief of naval staff criticised the ,media as “a

disabling effects” a new amendment was

mooted by the ministry of information and

broadcasting to the existing programme court

under the cable television networks rule

1994, to introduce restrictions on live

coverage of war or violent law an order

situations, among other things.

THE DRAFT REGISTRATION OF PRESS

AND PERIODICALS BILL,2019

Failing on genuine concerns like paid news

which were the subject of prior draft

revisions to the bygone press and registration

of books (PRB) act, 1867, the government is

currently proposing a beefed-up form of the

provincial period law that could bring news

sites under the domain of official regulation

for the first time.

Section 18 of the provisions of the draft

Registration of Press and Periodical (RPP)

Bill, 2019 – released by the Ministry of

Information and Broadcasting on Tuesday –

stipulates:

“The publishers of news on Digital Media

shall register themselves with the Registrar

34 The Economist, March 23,2013, “A rotten deal”

of Newspapers of India in such manner and

giving such particulars as may be

prescribed.”

Until now, no news or current affairs

website in India has to register as there are

tens of thousands of them since even blogs

and social media pages which carry news or

opinion would be considered publishers of

news on digital media now has to “register”

with the government or follow any rules or

regulations other than what are normally

applicable for any form of speech or

expression.

CONCLUSION AND

RECOMMENDATIONS

We believe society gains more from a free

press than it loses from the tabloid’s

occasional abuse of defenceless people…

Fleet street does not have an impeccable

record. It has broken the law and victimized

innocent people. But it also has, time and

again, exposed the lies and incompetence of

politicians.34

The Supreme Court of India has never failed

to interpret Article 19 (1) with a wider

dimension in accordance with reasonable

restrictions as stated in Article 19(2). The

Right to information goes in hand with the

Right of Expression. Meaning, where one has

the right to know should also have the

respective sources to know. Press and media

being the fourth estate in a democracy, acts

as “ears and eyes” of the general public. After

over six decades of the Indian Republic, the

basic foundations of the freedom of the press

are firmly in place. Society has always leaned

in favour of Freedom of Speech and

Expression and therefore, courts must be very


https://mib.gov.in/sites/default/files/Public%20Notice%20%20for%20RPP%20Bill%2C%202019.pdf



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cautious while upholding the reasonable

restrictions. With the technological

development, it has helped every section of

the society and kept all of us updated about

political, social, economic and every other

aspect. However, many a times the fourth

estate has failed to fulfil the obligations by

breaching the provisions of reasonable

restrictions. The increasing competition

among the publishers is diminishing the very

essence of press and media which is to

provide quality information. Creating unrest

to the public order, causing threat to national

security, breaching the right to privacy by

revealing the personal information about the

rape victims are some of the major instances

where the press and media has blatantly

violated the law.

RECOMMENDATIONS:

1. Without forcing brutal limitations, freedom

of speech and expression and opportunity of

the press ought to be ensured and advanced

in equality with mindful, straightforward and

responsible news-casting. All the while,

sensible limitations ought to be kept up and

the writers ought to comply with the code of

conduct, social standards, and qualities in the

spread of news, perspectives, pictures and

audio-visual clips.

2. Press opportunity ought not be utilized to

twist data attacking the expert traits of writers

who are viewed as the heart of a country.

Columnists and freethinkers ought to recall

the maxim “salus populi est suprema lex”

which means welfare of people is the highest

law,

3. Press and media should be more sensitive

while the cases of sexual nature are being

published. The provisions of Section 228 of

the Indian Penal Code, 1860 must be

followed strictly and the right to privacy of

any citizen must not be violated.

4. There is a dire need for:

(i) Principles of responsible broadcasting

(ii) Institutional arrangements of self-regulation

5. The press council of India be given more

teeth beyond the power to merely admonish

or pass strictures against the errant paper by

being conferred with power to impose

penalties against errant individuals and

organizations

6. Journalists be assured about secrecy when

they act as whistleblowers on paid news.

7. During the time of election, the press council

of India and other regulating bodies should

work in collaboration with election

commission of India to eradicate

malpractices like paid news and excessive

advertising of a few, leaving the rest.

*****


supremo amicus volume 17 issn 2456-9704 judicial ...infamous radia tapes controversy, live coverage...

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