FREEDOM OF SPEECH AND ITS IMPACT ON MEDIA LAW (By- Sneha Kumari)
FREEDOM OF SPEECH AND ITS IMPACT ON
MEDIA LAW
Authord By- Sneha Kumari,
LLM Candidate At Chanakya National
Law University
Introduction
Expression is a matter of liberty and
right. The liberty of thought and right to know are the sources of expression.
Free Speech is live wire of the democracy. Freedom of expression is integral to
the expansion and fulfilment of individual personality. Freedom of expression
is more essential in a democratic setup of State where people are the Sovereign
rulers. Iver Jennings said, “Without freedom of speech, the appeal to reason
which is the basis of democracy cannot be made.”[1]
Milton in his Aeropagitica says that without this freedom there can be
no health in the moral and intellectual life of either the individual or the
nation.[2]
Exercise of freedom of expression is
essential to communicate the thoughts, views, ideas, philosophy and activities.
The communication keeps society together and cohabitate. For a healthy growth
of civilized world, the free flow of information and ideas is essential. Every
individual is a medium of expression. An individual interacts through the media
to reach other individuals and institutions. The right to freedom of speech
though belongs to every individual, institution and organisation it becomes
imperatively necessary in the media world.[3]
Media world serves as the best communicator of information and the best
instrument of expression. Exercise of right of freedom of expression is the
professional duty and character work of media, whether it is print or
electronic media.[4] The
media gets as a mass communicator. It has to enjoy this freedom for promoting
public good and for informing the people in general as to the state of affairs
in every sphere of life and activity. Every democratic set up in the present
day social texture should have been implicated with
a special inseparable part i.e. which
now expanded to include electronic media also.
Constitutional Aspects Of Freedom
Of Speech
The freedom of speech is regarded as
the first condition of liberty. This freedom benefits more the hearer than the
speaker and it is also essential for the pursuit of truth.[5]
The freedom of speech and expression is very important fundamental right. It is
indispensable for the development of one’s own individuality and for the
success of parliament democracy.[6] It
is said that in a democracy the right to freedom of speech and expression is
not only a right of an individual but rather a right of the community to hear
and be informed. The Constitution of India guarantees various fundamental
rights to its citizens. One such fundamental right is right to freedom under
Article 19.[7] This
right is available only to the citizens of India and does not include foreign
nationals. The freedom guaranteed under Art. 19(1) is not absolute and is
subject to reasonable restrictions.[8] The
freedoms enumerated in Article 19 (1) are those great and basic rights which
are recognized as natural rights inherent in the status of a citizen. But none
of these freedoms is absolute or uncontrolled.[9]
The relevant portion of
Article 19 reads, “All citizens shall have the right to: (a) Freedom of speech
and expression.[10] The
freedom of speech and expression means “the
right to express one’s conviction and opinion freely by the word of mouth,
writing, printing pictures, electronic media or any other mode addressed to the
eye or ear.”[11]
Freedom of speech is the bulwark of a democratic Government and it
attaches great importance to this freedom, because without the freedom of
speech appeal to reason, which is the basis of democracy, cannot be made.
Freedom of speech opens up channel for free discussions of issues and plays a
crucial role in public opinion on social, political and economic matters.[12]
Freedom of speech and expression should, therefore, receive generous
support from all those who believe in the participation of people in the
administration. The freedom of speech and expression
includes freedom of circulation and propagation of ideas[13]
and, therefore, the right extends to the citizen to use the media to answer the
criticism levelled against the views propagated by him. The Constitution of
India does not provide for media separately but there is indirect provision for
media freedom. It is derived from art. 19(1)(a). It was held in a case that “it
is not a correct view that the right which is not specifically mentioned by
name can never be a fundamental right within the meaning of Art 19(1) (a). The
test is whether the right claimed is an integral part of a named fundamental
right or partakes of the same basic nature and character as the named fundamental
right so that the exercise of such right is in reality and substance nothing
but an instance of the exercise of the named fundamental right.”[14]
While discussing the scope of freedom of speech and expression the
Supreme Court at many times has said that the words freedom of speech and
expression must be broadly constructed to include the freedom to circulate
one’s views by words of mouth or in writing or through audio-visual
instrumentalities. It therefore, includes the right to propagate one’s views
through the print media or through any other communication channel e.g. the
radio and the television.[15]
The Court held that these rights are great and basic rights which are
recognised and guaranteed as the natural rights and inherent in the status of a
citizen in a free country.[16]
Media As An Instrument Of Speech & Expression
Exercise of freedom of
speech & expression is essential to communicate the thoughts, views, ideas,
philosophy and activities. Every individual is a medium of speech and
expression. An individual interacts through the media to reach other
individuals and institutions. In India, before independence there was no
constitutional guarantee of individual or media freedom. The leaders of the
independence movement attached great significance to this freedom of speech and
expression for both the individual and media.[17]
The right to freedom of speech though belongs to every individual, institution
and organisation it becomes imperatively necessary in the media world. Media
world serves as the best communicator of information and the best instrument of
expression.[18]
Media freedom is fundamental to the life of an individual in a democratic
polity. The media is one of the vital pillars of a free society and is an
instrument of social and political change. The term “media” comes from
“masses.” It is plural form of medium by which “something is delivered.”
The right to freedom of
speech and expression extends to communication media other than the press i.e.
cinema and theatre. Exercise of right of freedom of expression is the
professional duty and character work of media, whether it is print or
electronic media. The media gets as a mass communicator. It has to enjoy this
freedom for promoting public good and for informing the people in general as to
the state of affairs in every sphere of life and activity.[19]
Therefore media is important pillar to lend its valuable support to the system
and hence is regarded as “Fourth Estate”. The “Fourth Estate” performs its
multi-Pronged functions in linking the three main systems and correlating them
with the social needs to bridge the gulf between the governors and the
governed.[20]
The press performs some socially purposeful role. It is
inherent in human nature to have desire to communicate, to exchange ideas, to
learn about changes in the environment and finally to seek the truth without
such mutual interaction society cannot function in order. The press enlightens
the public by reporting and interpreting what is happening in the world around
them since the newspaper is an eye for a citizen in the democracy.[21]
Impact Of Freedom Of Speech On Media Law
After
the independence of India when the constitution was being drafted, the question
aroused before the constitutional makers of India that whether or not to have a
separate provision for press like in Constitution of America, or to include the
freedom of press in right to speech and expression
as
in constitution of England.[22]
In this context, Dr. B.R. Ambedkar the Chairman of Drafting committee
powerfully argued that, “The press is
simply another way of describing a citizen or an individual. The media has no
superior privileges which are not to be given or which are not to be exercised
by the voter in his separate capacity. The executive of press or the editor are
all citizens and therefore when they select to write in a newspaper they are
just exercising their right of freedom of speech and expression and in my
decision then no special mention is necessary of the freedom of press at all.”[23] Hence in Indian constitution the right to
press was inserted in freedom of speech and expression i.e., Article 19(1)(a).
Free press is the need of democracy and is more important for the huge
democratic country like India. In India in the absence of any exact article in
the constitution for free press, it was the judiciary who promoted and safeguarded
the independence of press.
In
India the judiciary protected the rights of press as well as constrained it in
the interest of justice. The court in Bihar
v. Shailabala Devi[24]
case said that, speech and expression on the part of an individual which inflame
or boost to of ferocious crimes such as murder, etc. will undermine the
security of the state. The court in the case of Dr. D.C. Saxena v. Chief Justice of India[25]
alleged if preservation of democracy is the foundation for free speech, society
equally is authorized to regulate freedom of speech or expression through
democratic action. The cause is
evident, e.g., that society accepts free speech and expression and also puts
restrictions on the right of the majority.[26]
Media is considered the backbone of democracy, it
playing very significant role in Indian democracy which is as following[27]:
1.
The media works as a watchdog
of the government and carry every report of the action of administration
thereby keeping the people informed about the day to day happenings taking
place around them.
2.
The media is considered as
fourth pillar of democracy. It makes us aware of various activities like
politics, sports, economic social and cultural activities etc. It is also like
a mirror which shows the bare truth and sometimes it may be harsh.
3.
The media also exposes
loopholes in the democratic society, which ultimately helps government in
filling the vacuums of loopholes and making a system more accountable,
responsive and democratic friendly. Thus the democracy without media is like a
vehicle without wheels.
4.
Media acts as a bridge between
the people and the government and also a very powerful tool with the ability to
make and break the opinion of the people. It has the capacity to swing
perceptions or evoke emotions. This is why it has gained faith of the public.
Media, through its various means of newspapers, television and cinema is what
rules the heart and mind of people.
5.
The media has helped to shape
the democratic society by giving emphasis to issues that are at one point in
time, would have been considered strictly private such as child birth, child
care, domestic violence, and sexual harassment.
6.
Media in exercise of freedom of
expression is essential to communicate the thoughts, views, ideas, philosophy,
ideals and activities. Communication keeps society together and cohabitate. For
healthy growth of civilization world, the free flow of information and ideas is
essential.
7.
Modern Methods of interpersonal
Media communication include seminars dramas, public meeting and workshops etc.
these are effective media methods to address small and medium gatherings, which
can be used as grounds for advocating the Human Rights and building public
opinion.[28]
Judicial Pronouncements
The
preamble to the Constitution of Indian resolves to secure for the citizens of
India, liberty of thought, expression and belief. Article 19(1)(a) of the
constitution is also applicable to media along with citizens. The media derives
the rights from the right to freedom of speech and expression available to the
citizens. Thus, the media have the same right no more and no less than any
individual to write, publish, circulate or broadcast. In a case that arose in
Pre-Independent India, the Privy council held that “the freedom of the Journalist is an ordinary part of the freedom of
the subject and to whatever length the subject in general may go, so also may
the journalist, apart from the statute law, his privilege is no other and no
higher… No privilege attaches to his position.”[29]
The framework for analysing media rights remains much the
same in Post-Independence India. In M.S.M.
Sharma v. Krishna Sinha[30]
the Supreme Court observed:
“A non-citizen running a
newspaper is not entitled to the fundamental right to freedom of speech and
expression, and therefore cannot claim, as his fundamental right, the benefit
of the liberty of the press. Further being only a right flowing from the
freedom of speech and expression, the liberty of the press in India stands on
no higher footing than the freedom of speech and expression of the citizen and
that no privilege attaches to the press as such, that is to say, as distinct
from the freedom of the citizen.”
In
other words, the media enjoy no special immunity or elevated status compared to
the citizens and are subject to the general laws of the land. Although no
special provision was made to safeguard the rights of the press, courts have
time and again confirmed that the rights of the press are implicit in the
guarantee of freedom of speech and expression under Article 19(1)(a) of the
constitution.[31]
Based on various judicial decisions and precedent from
American and English Constitutional interpretations, the following contents of
the freedom of the Press have emerged:
(a)
Right to print
and publish news i.e. actual facts of contemporary history and views.[32]
(b)
Such views or
opinions may be those of the editor or author but also those other people
printed under his direction.[33]
(c)
To distribute or
circulate such printed matter to any other party.[34]
(d)
The freedom
extends to the discussion and publication of views relating to all issues about
which information is needed to enable the members of society to cope with the
exigencies of the period and is not necessarily confined to political or public
affairs.[35]
(e)
A corresponding
right to collect the information relating to public affairs or the right of
access to the sources of such information.[36] This does not mean,
however, that the press has a constitutional right of special access to
information which is not available to the public generally, not has the Government
any affirmative duty to make available to journalists sources of information
not
available to the public generally.[37] A corollary of the right
to publish must be the right to gather news. News must not be unnecessarily cut
off at its source, for without freedom to acquire information the right to
publish would be impermissibly compromised.
(f)
The right of the
press to collect information from diverse and antagonistic sources, on a
competitive basis, free from any monopolistic control from the Government.
Conclusion
After an elaborate study
of the research project entitled, a critical study on “Freedom of Speech and
its Impact on Media Law”, to the light of various judicial pronouncements and
enactments at national and international level, various suggestions are proposed
in this concluding chapter. The present study is not merely an overview of
democratic system, freedom of speech and expression, and media; rather it has
covered a spectrum of subjects ranging from the Constitutional mandate of
freedom of speech and expression and freedom of press.
Due
to role of media, involvement of people increasing day by day in making of
public policy which is ultimately resulting for the establishment of a real and
workable democracy in India. Indian democracy is now a day more matured because
of the role of media being played in the present scenario. Therefore cumulative
conclusion is media playing a very important role in democratic system like
India by giving information to its citizens. Due to such information through
media, citizen control the State activities and involvement of people in making
public policies, which resulted in establishment of real and workable democracy
in India. Impact of all these things, today Indian democracy became more
matured as compare to the earlier times.
Media
today touches almost every aspect of our public life. Media plays a very
important and crucial role in enlisting and educating the people. The media can
aid public involvement through advocating issues and transferring knowledge,
skill and technologies to the people. Awareness about various rural development
programs, propagation of family planning could be spread by using the media. It
made farmers aware of the new and improvement methods of agriculture and
protection of the crops. Media plays very emphatic role in awakening people
against many evils prevailed in the society like child marriage, killing of
female unborn child, the evil practice of child labour etc. though educational
programs, it can cover many student in a single platform. The university Grant
Commission telecast educational programs for the benefit of the school and
college
students all over India. Media can ignite scientific temper among the students
for development of science. The government can use the media more effectively
to make it an instrument of social change. Media has exposed a number of
corrupt practices, hidden deals, thus putting a check on the cancer in the form
of corruption in the society.