Media's Freedom in Democracy
Indira Gandhi stated on the late hours of June 25, 1975, via All India Radio Station: " "The president has declared a state of emergency. There is nothing to be concerned about."
Following that, India experienced the most draconian period since Imperial Rule, with the suspension of constitutional rights, the arrest of opposition leaders, the passage of the 42nd Amendment Act, and the most heinous deed of all, press censorship.
As we all know, November 2, 2022 has been designated as the 'International Day to End Impunity for Crimes Against Journalists.' As journalism is an important element of the media, I, Aakash Singh Sajwan, would like to shed some light on "Media Freedom in Democracy."
As Rudyard Kipling expressly stated- "While Thrones and Powers confess, That king over all the pride's children. Is it the press, the press, the press?"
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The Media's Role
The Fourth Pillar of Democracy, according to Thomas Caryle, is the media.
Democracy derives from the Greek word Demokratia, which meaning "people's rule." Thus, as Aung San Suu Kyi correctly stated, "Democracy is when the people keep a government in check," the job of keeping government in check has been assigned to the media in democracy; the work of holding a mirror up to government and keeping the crusade of transparent democracy alive is the profession ethics and ethos of media.
With the advancement of technology, media has expanded; now, media is not confined to TVs, radios, and newspapers, but also includes social media platforms. The strength of social media platforms was shown during the Arab Spring, and it is being seen again in Iraq by Muqta-Al-Sadr.
Furthermore, during the Covid 19 outbreak, we saw how social media assisted ordinary folks and supplemented the efforts of modern governments in dealing with the situation. Social media is making it simpler for individuals all around the world to have a voice in governance, discuss issues, organize around causes, and hold leaders accountable.
Manipulation of the Media
According to UN Secretary General Antonio Guterres, democracy cannot exist without a free press and freedom of expression. Because, around 100 years ago, fascist Italy under Benito Mussolini, through Popolo d'Italia (The People of Italy), and Nazi Germany under Adolf Hitler, through V lkischer Beobachter (People's Observer), used media for their own profit.
Thus, government manipulation of the media in a country is not new. In today's scenario, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) claimed that in the last five years, 85% of the world's population has seen a reduction in press freedom in their country. Furthermore, according to the UNESCO Observatory of Slain Journalists, over 1200 journalists were killed between 2006 and 2020 for reporting news and presenting information to the public, and in nine out of ten cases, the assassins went unpunished.
According to the Committee to Protect Journalists' 2021 prison census, a record 293 journalists were imprisoned for their profession globally this year. The figure for 2020 was 280. A number of arrests and criminal proceedings have also been filed against journalists and political activists who have criticized government policy.
Arresting journalists for sedition and violating The Unlawful Activities (Prevention) Act (UAPA) has become all too routine in democratic India. Be it the increased arrest of journalists, the kidnapping of Anaas Mullick, a Wion correspondent, in rogue state Afghanistan, or the murders of 455 journalists worldwide between 2016 and 2022. All of this indicates that whenever the media attempts to depict the true picture of the current ruling power, it must face repercussions.
This was also emphasized by the Hon'ble Supreme Court of India in Vinod Dua vs Union Of India on 3 June, 2021 (Writ Petition), where the Court held that "a citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries, so long as he does not incite people to violence against the Government established by law or create public disorder; and that it is only when the words or expressions have pernicious tendency or inten
As a result, it is regarded as a historic decision that has supported the virtues of free speech and expression, as well as comprehending the freedom essential for journalists to execute its responsibility as the fourth pillar of democracy.
Reasonable Restriction of Free Expression for a Healthy Democracy
I believe that press freedom is necessary for a healthy democracy, but there is also a need to limit the disruption caused by media. The verdict was delivered by a bench comprised of Chief Justice B.P. Sinha and Justices A. Sarkar, J.R. Mudholkar, N. Rajagopala Ayyangar, and S.K. Das, as in the case of Kedar Nath v State of Bihar (1962 SC).
The Court's objective was to evaluate whether reasonable constraints were placed under Article 19(2), which states that reasonable restrictions may be imposed on various reasons, including public order. A restriction is constitutionally valid if it is consistent with Article 19(2). The Court concluded that Section 124A should only be applied to utterances that provoke public unrest.
The provision was constitutionally valid when interpreted in this way. For the same reason, the Court found Section 505 to be legally legitimate; it was a reasonable restriction on the right to free expression in the purpose of maintaining public order.
The right to free expression should not be used to undermine society's mental health through fake news. To counteract fake news, India has taken many initiatives, including the establishment of a Fact Check Unit within the Press Information Bureau. The PIB Fact Check Unit's effectiveness was demonstrated by the fact that it answered to 31,174 actionable enquiries and prohibited 56 YouTube-based news stations and their social media accounts from public access in 2021 and 2022 under Section 64A of the Information Technology Act of 2000.
Conclusion There is still a long way to go considering India was placed 150th out of 180 countries in the 2022 edition of the Press Freedom Index.
Because media is considered as an enabler of democracy, there is a need to control media in a way that achieves a balance between freedom of speech and law and order. Having more educated voters would lead to a more legitimate administration.
I recall Advani telling the media after the emergency, "You were just asked to bend, but you crawled." However, today's media cannot afford to bow or crawl, but must work without hesitation while maintaining strong professional standards, because media is the savior of democracy.
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