Press Freedom in India

Press, the fourth pillar of democracy:

1. India’s rank at the World Press Freedom index (published by Reporters Without Borders) has been continually declining which now stands at 161 out of 180 (In 2014, it was at 140; in 2022, it was at 150).
2. freedom of the press is considered a part of the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution.
3. However, freedom of the media is not an absolute freedom as it is subject to reasonable restrictions as mentioned in Article 19(2) of the constitution.
   1. Such reasonable restrictions include, interest of the sovereignty and integrity of India, the security of the state, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. 
4. freedom of the press is essential to rationality and intelligent self-governance, that is, democracy as people can receive free flow of information and ideas.
5. Media has a great responsibility to fight backward ideas such as casteism and communalism, and help people in their struggle against poverty and other social evils. 

Problems faced by the Indian media companies:

1. Declining interest in news
2. Lower trust
3. Falling revenues
4. Journalists’ security
5. Undue political influence.
6. Provisions such as IT rules allows centre to set up a fact-check unit under it, to identify ‘fake, false, or misleading’ information concerning the government and remove it. It has been criticised for overreach and endangering freedom of speech.

Why media needs regulation?

1. Concerns of propaganda fake news, further increased with the rise of artificial intelligence technology.
2. Media moving towards sensationalism and yellow journalism (publishing sensational news to attract readers and increase circulation).
3. Issue of paid news (someone paying a newspaper and getting something favourable to him published)

Regulation of media in India:

1. Press Council of India (PCI) established under the PCI Act of 1978, acts for preserving the freedom of the press and of maintaining and improving the standards of newspapers and news agencies in India.
2. A Code of Ethics for self-regulation of news channels has been devised by the News Broadcasters Association.

• The News Broadcasting Standards Authority (NBSA), of the NBA, is empowered to warn, admonish, censure, express disapproval and fine the broadcaster a sum up to Rs. 1 lakh for violation of the Code.  

3. The IT act and IT rules regulates digital media such as online news publications, online curated content publishers including OTTs and social media platforms

Observations by the Judiciary:

1. Being critical of the government cannot be considered ‘anti-establishment’ and refusing security clearance to operate will create a ‘chilling effect’ on press freedom.
2.  Anuradha Bhasin v. Union of India case (2020)
   1. The case dealt with suspension of mobile phone networks, internet services, and landline connectivity in the valley by the govt in J&K.
   2. The court held that freedom of speech and expression includes the right to disseminate information. 
   3. The wider range of circulation of information or its greater impact cannot restrict the content of the right, nor can it justify its denial.
   4. Right to carry on any trade or business under 19(1)(g), using the medium of internet, is constitutionally protected.