To preserve the democratic way of life it is essential that people should have the freedom of express their feelings and to make their views known to the people at large. The press, a powerful medium of mass communication, should be free to play its role in building a strong viable society. Denial of freedom of the press to citizens would necessarily undermine the power to influence public opinion and be counter to democracy.
Freedom of press is not specifically mentioned in article 19(1) (a) of the Constitution and what is mentioned there is only freedom of speech and expression. In the Constituent Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee, that no special mention of the freedom of press was necessary at all as the press and an an individual or a citizen were the same as far as their right of expression was concerned.
The framers of the Indian constitution considered freedom of the press as an essential part of the freedom of speech and expression as guaranteed in Article 19 (1) (a) of theConstitution.
In Romesh Thaper vs State of Madras and Brij Bhushan vs State of Delhi, the Supreme Court took it for granted the fact that the freedom of the press was an essential part of the right to freedom of speech and expression. It was observed by Patanjali Sastri J. in Romesh Thaper that freedom of speech and expression included propagation of ideas, and that freedom was ensured by the freedom of circulation.
It is clear that the right to freedom of speech and expression carries with it the right to publish and circulate one’s ideast, opinions and other views with complete freedom and by resorting to all available means of publication. The right to freedom of the press includes the right to propagate ideas and views and to publish and circulate them. However, the freedom of the press is not absolute, just as the freedom of expression is not. Public Interest has to be safeguard by article 19(1)(2) which lays down reasonable limitations to the freedom of expression in matters affecting:
a. Sovereignty and integrity of the State
b. Security of the State
c. Friendly relations with foreign countries
d. Public order
e. Decency and morality
f. Contempt of court
g. Defamation
h. Incitement to an offence
Freedom of press is not specifically mentioned in article 19(1) (a) of the Constitution and what is mentioned there is only freedom of speech and expression. In the Constituent Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee, that no special mention of the freedom of press was necessary at all as the press and an an individual or a citizen were the same as far as their right of expression was concerned.
The framers of the Indian constitution considered freedom of the press as an essential part of the freedom of speech and expression as guaranteed in Article 19 (1) (a) of theConstitution.
In Romesh Thaper vs State of Madras and Brij Bhushan vs State of Delhi, the Supreme Court took it for granted the fact that the freedom of the press was an essential part of the right to freedom of speech and expression. It was observed by Patanjali Sastri J. in Romesh Thaper that freedom of speech and expression included propagation of ideas, and that freedom was ensured by the freedom of circulation.
It is clear that the right to freedom of speech and expression carries with it the right to publish and circulate one’s ideast, opinions and other views with complete freedom and by resorting to all available means of publication. The right to freedom of the press includes the right to propagate ideas and views and to publish and circulate them. However, the freedom of the press is not absolute, just as the freedom of expression is not. Public Interest has to be safeguard by article 19(1)(2) which lays down reasonable limitations to the freedom of expression in matters affecting:
a. Sovereignty and integrity of the State
b. Security of the State
c. Friendly relations with foreign countries
d. Public order
e. Decency and morality
f. Contempt of court
g. Defamation
h. Incitement to an offence
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.
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.
EmoticonEmoticon