Freedom Of Press In India

The institution of Ombudsman can ensure accountability of media without unduly strangulating their voice.

- Dr P.K. Agrawal

Freedom of speech and expression is the bulwark of a democratic form of government. It includes the ‘freedom of press’ as contained in the American Constitution. Press in India includes print media, electronic media and even social media. In India freedom of press is not absolute. The various restrictions within which the press has to function can be categorised under two distinct heads.

First, there are legal limitations which include constitutional law, that is, Article 19(2), Municipal Acts and judicial pronouncements. Secondly, there are practical restrictions such as monopoly with regard to management and ownership, public opinion, communication facility and journalistic acumen etc.

The constitutional restrictions have been imposed in the interest of ‘sovereignty and integrity’ of India, security of the state, friendly relations with foreign states, public order, decency and morality, contempt of court, defamation, incitement to an offense or violence. Within these limitations, the Indian Press can criticise and condemn the government and its policies as much as it desires.

After the Constitution came into force, so many public Acts have been made so as to restrict the publications and circulations of newspapers. Out of those, certain provisions of Newspaper (Price & Page) Act, 1956 were challenged in the Supreme Court in 1962.

Examining the ambit of these provisions the court held in the case of Sakal Papers Ltd. Vs. Union of India that restraint on the extent to publish any number of pages or to circulate it to any number of persons, was a direct infringement of the right to freedom of speech and expression.

‘Without liberty of circulation, the publication would be of no value.’ The Court further laid down that the court must be ever vigilant in guarding perhaps the most precious of all the freedoms guaranteed by our Constitution.