Freedom of Press has no separate place in our Constitutional system. It is akin to and as good as ‘freedom of speech and expression’ of any citizen as a guaranteed right under Article 19 of the Constitution. The architects of the Constitution have not given any separate place or status to the Press in the Fundamental Rights Chapter. However, like other three organs of the state in our democratic system of governance based on role of law like legislature, executive and judiciary, Press is treated as the fourth estate; and therefore, freedom of Press is absolutely necessary for successful working of democracy. Freedom of Press and legal defence for media is essential so that both print and electronic mediapersons can discharge their function in an atmosphere of fearlessness and without any pressure from any quarters.
It is worth mentioning that the role of media in a welfare state cannot be overemphasised as they have also a definite function in the process of nation building and to carry forward different welfare measures of the state meant for the vast masses of the country. Besides, in a fast-emerging society with multifaceted dimensions in the sphere of state activities, press and media also take pro-active part in the governance of the country by bringing correct news and policies and programms of the govt. before the people at large. Therefore in the process of giving news in a fast changing world, media should be impartial and independent and they should be given opportunity to disseminate news without favor and fear either from the govt., or the political party in power or any vested interest or pressure groups. To place news correctly without exaggeration, embroidery or embellishment is the virtue of the press or media person. For giving news, media should have regard for truth and in the process they should not lean to any side. Paid news has to be avoided at any cost. Another aspect that needs to be highlighted is that of late, in the electronic media while highlighting any issue regarding corruption or criminal charge against any person or organisation, there seems to be regular trial in this media. This is against ethics of ‘investigative journalism’. On the other hand, such type of practice in the media can be held to be part of ‘yellow journalism’ which should be avoided as this may affect regular trial in court of law of the concerned person or organisation. Media trial is opposed to rule of law; and law of the land has not given any such power to media and they should be alive to this position while doing their work.
lastly, it is seen that mediapersons on many occasions are being manhandled and assaulted while doing their job in public. Therefore, mediapersons have to be protected and must be given security cover. However, the unfortunate part is that in India to give security, protection and legal defence to the media, so far no law has been made. So, there is an urgent necessity of enacting a strong and comprehensive legislation for the protection and security of the media. There are many instances where mediapersons have been brutally assaulted and there has also been loss of life at the time of collection of news and investigating into the truth of an episode. In India, no legal defence has been provided to mediapersons unlike in the UK, the USA and many other foreign countries. Therefore for the security of the Press they should be provided with legal aid at the cost of the state so that they can defend themselves in the litigations and court cases which are brought forward against them while doing their job. Such cases are like civil and criminal defamation, contempt of court proceeding and breach of legislative privileges and criminal cases and writ petitions before the Supreme Court and High Courts.
However, the Press should follow the guidelines framed by the Press Council of India and should not overstep their limitations. In other words, mediapersons should not cross the ‘laxman Rekha’ as pointed out by the Press Council, the Supreme Court and High Courts while dealing with role and function of media in their judgments.
(The writer is a former Special Judge, CBI, Bhubaneswar; Mob: 9437022723)