Press Freedom in India: Challenges and Startegies

Article written by- Mr. Soumya Aryan, first year law student pursuing B.A. L.L.B (HONS.) at Jindal Global Law School.

India remains the world's most populous democracy. It relies heavily on the press, which has often been described as the fourth pillar of democracy and can be historically and universally both described as a powerful medium propelling social change and the people's discourse. Freedom of the press is one of the most essential pillars of any democratic setup; it ensures absolute transparency in every sphere and provides accountable, free-flowing information. If a country is to prosper, it must have complete freedom of the press because it is a mass communication tool.

The Indian press has very significant and long stories of activism and resilience. Newspapers and journals provided a platform for rousing public opinion against the colonizers during British colonial rule. After independence, the press carried the torch for democracy and provided the necessary exposure for corruption governmental wrongdoings, etc. The functioning of the media and the state always shared a love-hate relationship. They have constantly shifted between periods of freedom for the media and long spells of control and censorship. A classic example is the Emergency period (1975-1977), when the government clamped heavily on the media. Also recently, the Indian government introduced new IT rules in 2021, which have been criticized for increasing state control over digital news platforms and social media, potentially leading to greater censorship. This press has thus developed and evolved under the sheer commitment to democratic values.

The Indian Press in a democratic country like India serves as an echo of the voice of the masses and brings to public view different aspects of the government. It acts as a critical watchdog concerning the functioning of the government, pointing out any perceived partiality and deficiencies in governmental actions. But the just-released World Press Freedom Index carries a very worrying picture of India. Indeed, the 159th position in the latest World Press Freedom Index is very worrisome for India, a country that is the largest democracy in the world. The slight improvement in rank is not because of progress in India but because of deteriorations in press freedom in other countries. The article examines some of the impediments to a free press in India and ways to protect and empower it.

Legal Framework

Unfettered and unlimited media is very much required within a democratic setup for creating civic awareness. Freedom of the press is the most essential doctrine in any democratic society, like India, which will strengthen democratic principles and further engage citizens with the three pillars of democracy. In the landmark case of Romesh Thapar v. State of Madras (1950)[1], the Hon'ble Supreme Court of India upheld the fundamental right to freedom of speech and expression, including freedom of the press. The Court noted that freedom of the media is a fundamental right from all democratic setups.

The Indian Constitution provides legal protections for press freedom, and Indian laws generally uphold moral ideals, national sovereignty, and national integrity. These three forms of protection are responsible for the growth of independent journalism in India. Although the freedom of the press is not explicitly mentioned in the Constitution, it is considered an integral part of the freedom of speech and expression guaranteed under Article 19(1)(a). The article allows all citizens to have the right to freedom of speech and expression. On the other hand, Article 19(2) of the constitution applies some restrictions to that freedom to protect the country and its integrity, hence giving it vital restraint to safeguard law and order, state security, sovereignty morality, and decency.

Barriers to Freedom

That there are risks in journalism is evidenced by the commonness of threats of murder, trolling, doxing, rape, and legal actions, such as libel and privacy lawsuits, among many journalists. These include threats to their sources, draining the resources of the media organization, and even the obstruction of their work by influential individuals who can harm them. Such threats of removal of licenses, public denunciation of the media, harassment, or arresting the journalist are all ways of misusing power and killing public trust in the journalists. Reporting of sensitive issues, like corruption or communal tensions, exposes journalists to physical risks and violence, with some paying the ultimate price through attacks or losing their lives while on professional duties. Journalist Gauri Lankesh, an outspoken critic of right-wing Hindutva, was shot dead outside her home in west Bengaluru on the night of September 5, 2017, by two motorcycle-borne assassins. In 2024, the murder case saw new developments with the conviction of several individuals linked to extremist groups by Sessions court in Pune and Karnataka High court. This case continues to highlight the extreme risks faced by journalists in India.

Arguably, one of the biggest challenges before the Indian press is that it shares a bond with political parties and has been fighting to act independently. The allegation that some of the biggest media houses in India are owned or controlled by people holding interests in the political system has led to concern. Major corporate and political entities exert immense influence on media houses. Both the center and state governments tend to influence media houses through revenue from advertisements. Consequently, there are news items supported by the state that appear in some print and visual media, which try to distort information to manage the perception of the public. Economic pressure from big corporate companies also results in self-censorship because media houses have second thoughts on running stories that would be detrimental to their financial gains. This is a symbiotic relationship between politics and media at the expense of editorial independence.

During the 2019 Lok Sabha Elections, several political parties and candidates were charged of buying favourable press in print and electronic media. There were several claims of slanted reporting and the promotion of particular political storylines. Due to which questions about the fairness and objectivity of media coverage were raised by claims of bought news during a crucial election. It also increased worries that media outlets would put profit before journalistic ethics during elections.

The low-paying nature of news reporting contributes to the problem because it makes reporters share fake material in exchange for money, otherwise known as "paid news". This gravely leads to the proliferated spread of fake news. It should have no fear and be seen as not biased in favor of any single political party for fear of monetary value while exposing the wrongdoings of political parties.

The growth in digital media provides opportunities and challenges to press freedom. On one hand, it has democratized the dissemination of information. On the other, it has caused the rise of fake news, with misinformation rising out of all proportions, which further erodes the credibility of media and consequently degrades its ability to report in an unbiased way. Digital media shows threats to national security and sovereignty that are not any different from those falling under Free Speech and Expression as envisaged by Article 19(2). The legitimacy of the press in this medium raises many questions on the majority of news that concerns the commoner, which generally will be sought by ordinary citizens for verification. Hate speech targeting journalists often circulates and is amplified via social media, directly threatening them and increasing their insecurity. Journalists like Rana Ayyub have faced severe online abuse and threats due to her investigative reporting on sensitive issues like corruption and her critical views on Prime Minister Narendra Modi. Her views are that there is no such thing as press freedom in India as “most of the mainstream media is literally repeating the government's lies and the ones who are independent, who are critical, are paying a price." These conditions are worsened by the fact that there are no tight frameworks in the digital media through which harmful content proliferates, hence increasing demands for strict regulations that may end up breaching legitimate journalistic work.

Approaches to Empowering

India is endowed with a vibrant legal framework under Article 19(1)(a) of the Constitution, which provides for freedom of speech and expression. However, these need to be furthered by making the laws and regulations more binding to protect journalists from harassment, intimidation, or violence. In 2017, the Supreme Court reiterated that free speech and the press are the two main pillars of democracy and declared freedom of speech and expression as the "quintessential instrument" for attaining truth. Here, there should also be clear guidelines on how not to abuse the defamation and sedition laws, so the press is free to give opinions on controversial issues without fear of the law.

In a landmark judgment, Vinod Dua v. Union of India & Others (2021)[2], the Supreme Court of India held that criticizing the government and its policies does not amount to sedition. It has reemphasized that the right to free speech and expression also includes the press. Again, in 2023, the principle above was reaffirmed when the Supreme Court referred back to the judgment in Vinod Dua's case while heeding the plea against the ban imposed on the MediaOne Television Channel.[3] It found the press to be independent only because it is essential to an open, pluralistic democratic polity. Criticism of government policy was stated not to be a reasonable restriction under Article 19(2) of the Constitution.

Legal frameworks need to be updated to protect journalists in the digital era. It is a must to address online threats such as cyber harassment, trolling, and misinformation campaigns targeting journalists. This led the News Broadcasters & Digital Association (NBDA) in 2022 to initiate a campaign for regulating online harassment and abuse against lady journalists, other than fabricated news. In 2024, the NBDA introduced new guidelines to combat cyber harassment against journalists, particularly women, providing them with resources and legal support to address these issues effectively. Developing an independent and autonomous body for controlling media operations may, at least in part, guarantee a certain level of neutrality during the reporting process.

Media companies should find alternative sources of revenue to not depend solely on government advertisement, which can save their editorial neutrality. Among these are looking into subscription models, crowdfunding, and creating partnerships with international media organizations. Media houses should also run their business transparently and ethically so that their audiences and financial backers can trust them. To realize these steps, the key among them is to ensure there are transparent appointment processes for the members of regulatory bodies, adequate resources and funding, and that there is public trust in their independent regulation of the media.

There need to be strict guidelines and professional bodies like the Press Council of India or Editors Guild to enforce stringent adherence to these guidelines, and media houses should be held accountable for those who flout them. Training programs on ethical reporting and fact-checking for journalists will increase journalism's quality and the information available. Finally, for the general public, media literacy would undoubtedly be a basis for shielding from misinformation and fake news. In 2024, the Press Council of India launched a nationwide initiative to enhance media literacy among the public, focusing on identifying fake news and understanding journalistic ethics. This initiative includes collaborations with educational institutions to incorporate media literacy into their curricula. This woukd help explaining to students how to analyze news sources and establish what is real and what is a myth. For this to be successful, civil society organizations and media houses can run public awareness campaigns on the same.

Fourth Pillar!

Press freedom in India has to pass through legislative restrictions, political pressure, violence, and digital misinformation. But these are not insurmountable. It should rise and strengthen through multi-pronged strategies of legal and economic diversification, safety measures in media, media literacy, ethical journalism, technological innovation, and so on, in order to maintain the fourth pillar's democratic vitality.

The resilience of the Indian press, coupled with the commitment of journalists and civil society, provides hope for the future. A free and independent press is essential for social, economic, and cultural development, not only in democracy. This brings us to the point that there is a need for all concerned, be it the government, media organizations, or the public, to hold hands in protecting and promoting freedom of the press in India.

References

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“Gauri Lankesh Murder Case: SC Issues Notice to Accused in Karnataka Government’s Plea against His Bail” The Indian Express (March 2, 2024) https://indianexpress.com/article/india/gauri-lankesh-murder-case-sc-issues-notice-to-accused-in-karnataka-governments-plea-against-his-bail-9191830

A JT, “How Probe in 2017 Gauri Lankesh Murder Unlocked Leads in 2013 Killing of Rationalist Narendra Dabholkar” The Indian Express (May 12, 2024) https://indianexpress.com/article/cities/bangalore/gauri-lankesh-murder-rationalist-pune-narendra-dabholkar-9322450/

Tripathi A, “The Impact Of Paid News On Media Credibility In India” (2023) 5 International Journal for Multidisciplinary Research https://doi.org/10.36948/ijfmr.2023.v05i05.7336

Mai HJ, “Rana Ayyub Fights for Press Freedom in India despite Harassment and Death Threats” NPR (January 3, 2023) https://www.npr.org/2023/01/03/1146590204/rana-ayyub-india-online-harassment-threats

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[1] AIR 1950 SC 124

[2] 2021 SCC OnLine SC 414

[3] Madhyamam Broadcasting Ltd. & Anr. v. Union of India & Ors., 2023 LiveLaw (SC) 269