Open Justice and Media Freedom

The Supreme Court of India strikes a blow for open justice and media freedom.

One example is the Supreme Court’s decision to overturn MediaOne’s refusal of broadcasting authorisation.
It safeguards the media against arbitrary action and prohibits using unspecified national security concerns as a pretext for shutting down an outlet.
The Court ruled that the government could not label critical coverage or broadcast critical ideas as “anti-establishment” and commence an action.
“The usage of such terms implies an assumption that the press must assist the establishment,” it stated.

About
- The freedom of the press or media refers to the freedom of expression rights provided by the Indian Constitution in Article 19(1)(a).
- It promotes independent media and democracy by allowing citizens to express their support or disagreement with government operations.
- Article 19 came to light after the Romesh Thappar vs State of Madras case highlighted the importance of media as the foundation of all democratic organisations.
- But, it acknowledged ‘public safety and public order’ under Article 9 (1-A) and dismissed the complaint.
- Press and media freedom is highly valued in India.
- Article 19 (2) imposes reasonable restrictions.
- According to Article 19, “Everyone has the right to free opinion and expression.”
- It involves the freedom to freely express oneself and seek, acquire, and impart information and ideas through any medium without respect for borders.

Free exchange of ideas
- The press encourages people to look beyond social conventions and provides a forum to debate ideas.
- As well as opinions that individuals throughout the country should voice.
Holding the person or body accountable for their actions
- People frequently attempt to conceal their behaviour and resolve a matter without involving the media.
- The press brings such circumstances to light and ensures that justice is served correctly with the general public’s support.
Voice of the people
- The press serves as a conduit via which the bulk of people’s ideas are written and spoken.
- It focuses on silenced issues and brings to light those that should be discussed.
The fourth pillar of democracy
- Because the media is an independent body that questions the government.
- It might be considered the fourth pillar of democracy, alongside the judiciary, legislative, and executive branches.

Article 19(2) imposes some constraints to defend the nation and its integrity.
The restrictions can be imposed in case of threats against;
- Sovereignty and integrity of India
- Security of the State
- Friendly relations with foreign states
- Public order, decency or morality
- Contempt of court
- Defamation
- Incitement to an offence

Intimidation and harassment of journalists
- In India, journalists have faced intimidation, harassment, and physical violence from state and non-state entities.
- This has created a fearful environment, which can lead to self-censorship.
- Six journalists have been killed due to their job as of 2021.
- India is one of the top four countries regarding recorded deaths.
Legal challenges
- Many prosecutions have been filed against journalists and media organisations for slander or sedition.
- It has the potential to chill free expression.
Government control
- In India, the government wields considerable power over the media, owing to its control over broadcast frequencies and advertising revenue.
- This can lead to self-censorship by media groups that rely on government funding or assistance.
Internet shutdowns
- The government is increasingly utilising internet shutdowns to quell dissent and restrict the flow of information.
- This can severely limit journalists’ and media organisations’ ability to report on events and concerns.
Lack of media literacy
- Many people in India, particularly in rural regions, may be unaware of false news and lack the ability to recognise it.
- As a result, they are vulnerable to being deceived by misleading information.

The word “media freedom” is frequently used in conjunction with, or as an alternative to, the terms “free speech” or “free expression.”
Yet, due to the media’s role as a “public watchdog,” media freedom is given special consideration.
In addition to disseminating information and ideas, it ensures the public’s right to access this information.
Expression and media freedom are critical pillars of an open and democratic society.
The freedom to express one’s views and opinions is necessary for democratic political processes to function.
Nationally, freedom of expression is required for successful governance and, as a result, economic and social progress.
Individual freedom of expression is critical to everyone’s development, dignity, and fulfilment.
There can be no democracy or free country without a wide guarantee of the right to free expression, protected by independent courts.

Pic Courtesy: Legal Brackets

Content Source: The Hindu