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Media,the Fourth Pillar of Democracy: A Critical Analysis

Pratiyush Kumar* & Kuljit Singh**

*BBA LL.B. (Hons.), 5th Year, Law College Dehradun, Uttaranchal University, Dehradun, (U.K.).
**Assitant Professor, Law College Dehradun, Uttaranchal University, Dehradun, (U.K.).

Received: January 31, 2019 Accepted: March 09, 2019

ABSTRACT: In the Indian constitution, the words “Freedom of Press” is not expressly mentioned, but it
isimplicitin Article 19(1) (a), i.e. every citizen’s fundamental right to free speech and expression and media
also exercise the same right. The apex court of India has also stated that though freedom of speech and
expression of Media is not explicitly guaranteed as a fundamental right, it is implied in the Constitution as
freedom of free speech and expression. The freedom of press has always been considered in all democratic and
civilized countries and also Edmund Burke described the freedom of press as the Fourth Estateof Democracy.
But in recent times, the fourth pillar needs an urgent restoration because of its ill-effect. Once the media was
highly regarded as the voice of people, but now it has become the synonyms of lies, hatred, propaganda,
blackmailing etc. it can be perceive through its notion that the standard of media has deteriorated by leaps
and bounds. Hence, new laws, rules, framework or guidelines are the need of the hour to control the ill-effect
of media and to bring back its lost glory and to bring back to the mainstream which seems lost in the
contemporary India.

Key Words: : Freedom of Speech, Media, Democracy, Rights, Restrictions, Regulations, Expressions,
Communications.

Introduction
Media is the plural form of medium, which (broadly speaking) elaborates any channel of
communication. This can embrace anything from printed paper to electronic data and encompasses art,
news, educational content and numerous other forms of information. Digital media, which makes up an
increasingly vast portion of modern communications, is comprised of intricately encoded signals that are
transmitted over various forms of physical and virtual media, such as fiber optic cable and computer
networks1.
According to Edmund Burke media is considered and regarded as the fourth estate of democracy2.
The media has the power to influence the people with ease as compared to any other means, it has a direct
impact and has a wide appeal it can easily change the perception of an individual towards the way they like
too. Media nowadays playing with the emotions of the society in order to take undue advantages and to
make more money. It is the same media which was once the eye, ear, and mouth of society, but now it is
shamming the society with its false and fabricated substance in the form news.
The Constitution of India did not specifically talk about the media in particular but an inference is
drawn from the Article: 19(1)(a). A free and fair media is a key aspect in civil society and any oppression
on media through any means is unjust, unbearable, and a threat to free speech and expression in a civilized
society. Media is the voice of masses. It is the platform where voices are made, spread and heard like a fire in
the jungle as its ambit is that far. It connects one with the other and helpful in many ways.
A media also has another side which is quite unrealistic in context with it and many will never accept the
ugly side of it. Media can be very cruel as well, the race of competition and market control has badly affected
its reputation to a great extent. Media is big billion enterprise and with better connectivity and reach the
ugly and uncanny aspect are in front of the common people that how media tends to create hatred, provide
false information, manipulated facts, secured information of public on public domain are just a few things in
context with the ugly side. The media do play a vital role as well if we talk in context with its positivity but
the cons have risen up so much that the pros of media are being overshadowed. Media is still regarded as
the need of the hour and no one can’t deny the fact that how important media is but the question remains
the same that will be it same media where people use to say that, ‘a pen ismightier than the sword’, or media
is just a puppet of the government in party or those who’re having the money.

1
Available at:https://www.techopedia.com/definition/1098/media. (last visited on March10, 2019).
2Available at: https://www.thoughtco.com/what-is-the-fourth-estate-3368058. (last visited on March 10,
2019).
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Emergence of Media in India: Brief History
Indian Media consists of several different types of communications: television, radio, cinema, newspapers,
magazines, and Internet-based Web sites/portals. Indian media was active since the late 18th century with
print media started in 1780, radio broadcasting initiated in 1927, and the screening of Auguste and Louis
Lumière moving pictures in Bombay initiated during the July of 1895. It is among the oldest and largest
media in the world. Media in India has been free and independent throughout most of its history, even
before the establishment of the Indian empire by Ashoka the Great on the foundation of righteousness,
openness, morality, and spirituality. The period of emergency (1975–1977), declared by Prime Minister
IndiraGandhi, was the brief period when India's media was faced with potential government retribution 3.
Laws Governing Media in Pre and Post Independent India
Pre- Independence Legislations-
 The Censorship of Press Act, 1799
Lord Wellesley enacted the regulation anticipating the French invasion of India. It had almost
imposed wartime press restrictions including pre-censorship. These restrictions were relaxed
under Lord Hastings, who had progressive views, and in 1818, pre-censorship was dispensed4.
 The Licensing Regulations, 1823
The then acting Governor-General John Adams, who had reactionary views (to what?), enacted the
regulation. According to these regulations, starting or using a press without a license was a penal
offense. These restrictions were directed chiefly against Indian language newspapers or those
edited by Indians. Rammohan Roy’s Mirat-ul-Akbar had to stop its publication with the emergence
of this act5.
 The Press Act of 1835 or Metcalfe Act
Metcalfe Governor-General (1835-36) repealed the obnoxious 1823 ordinance and earned the
epithet, “liberator of the Indian press”. The new Press Act (1835) required a printer/publisher to
give a precise account of premises of a publication and cease functioning if required by a similar
declaration. The result of a liberal press policy was the rapid growth of newspapers6.
 The Licensing Act, 1857
Due to the emergency caused by the 1857 revolt, this Act imposed licensing restrictions in any
addition to the already existing registration procedure laid down by Metcalfe Act and the
government reserved the right to stop publication and circulation of any book, newspaper or
printed matter as it deemed fit7.
This act replaced Metcalfe’s Act of 1835 and was of a regulatory, not restrictive, nature. As per the
Act, (i) every book/newspaper was required to print the name of the printer and the publisher and the place
of the publication; and (ii) a copy was to be submitted to the local government within one month of the
publication of a book.
 The Vernacular Press Act, 1878
A bitter legacy of the 1857 revolt was the racial bitterness between the ruler and the ruled. After
1858, the European press always rallied behind the Government in political controversies while the
vernacular press was critical of the Government. There was strong public opinion against the
imperialistic policies of Lytton, compounded by terrible famine (1876-77), on the one hand, and
lavish expenditure on the imperial Delhi Durbar, on the other. The Vernacular Press Act (VPA) was
designed to ‘better control’ the vernacular press and effectively punish and repress seditious
writing8.

3Availableat:https://www.thehansindia.com/posts/index/Hans/2015-03-13/Pre-independence-regulation-

of-Indian-newspapers/137007(last visited on March 10, 2019).

4Ibid.
5Ibid.
6Ibid.
7Supra note 1 at p. 3
8Ibid.

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 The Newspaper (Incitement to Offences) Act, 1908
Aimed against the extremist nationalist activity, the act empowered the magistrates to confiscate
press property which published objectionable material likely to cause incitement to murder/ acts of
violence9.
 The Indian Press Act, 1910
This Act revived the worst features of the VPA—the local government was empowered to demand
security at registration from the printer/publisher and forfeit/deregister if it was an offending
newspaper, and the printer of a newspaper was required to submit two copies of each issue to the
local government free of charge10.
 The Indian Press (Emergency Powers) Act, 1931
This Act gave sweeping powers to provincial governments to suppress propaganda for the Civil
Disobedience Movement. It was further amplified in 1932 to include all activities calculated to
undermine government authority11.

Post-Independence Legislations-
 The Press Enquiry Committee, 1947
The Committee was set up to examine press laws in the light of fundamental rights formulated by
the Constituent Assembly. It recommended repeal of Indian Emergency Powers Act, 1931,
amendments in the Press and Registration of Books Act, modifications in Sections 124-A and 156-A
of IPC, among others12.
 The Press (Objectionable Matters) Act, 1951
The Act was passed along with the amendment to Article 19 (2) of the Constitution. The Act
empowered the government to demand and forfeit security for publication of “objectionable
matter”. Aggrieved owners and printers were given the right to demand a trial by jury. It remained
in force till 195613.
 The Press Commission under Justice Rajadhyaksha in 1954
The commission recommended in 1954 the establishing of All India Press Council, fixing the press-
page schedule system for newspapers, banning crossword puzzle competitions, evolving a strict
code of advertisements by newspapers, and the desirability of preventing concentration in the
ownership of Indian newspapers14.

Other Acts passed include Delivering of Books and Newspapers (Public Libraries) Act, 1954; The Working
Journalists (The Conditions of Services) and Miscellaneous Provisions Act, 1955; The Newspaper (Price and
Page) Act, 1956; and The Parliamentary Proceedings (Protection of Publications) Act, 196015.

Various Dimensions of Media

 Media as a Player
From time immemorial legal history and beyond legal memory, man has expressed his ideas
through various channels like symbols, signals, speech, script, print and now computer language as well.
Since ideas and information are so important for the growthand survival of a free and democratic society,
such a goal cannot be achieved unless every citizen has a fundamental right to give expression to his ideas
and opinions. This came to be known as the right to free speech and expression. The Preamble to the
Constitution of India resolves to secure for the citizens of India, liberty of thought, expression and belief.
Focusing on the core objective of the Indian Constitution, the Preamble assures every citizen ofIndia the
freedom of speech and expression, religious independence and choice of going by one's own belief. The part
III of the Indian Constitution deals with Fundamental Rights. The Constitution contains the right to freedom,
given in Articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered
vital by the Framers of theConstitution. The right to freedom in Article: 19 guarantees the Freedom of
Speech and Expression, as foremost of the six freedoms.

9Ibid.
10Ibid.
11Supra note 2 at p. 4.
12Ibid.
13Ibid.
14Ibid.
15Ibid.

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All Indian citizens enjoy a constitutional right to give free expression to their views, opinions, and
convictions. They have, for this purpose, the right to seek, receive and impart information and ideas. As th e
exercise for freedom of expression requires a medium through which information and ideas may be
communicated, it naturally follows that the medium shall also be free. Our Constitution does not specially
mention the freedom of the media as in the US Constitution, it is implicit in Article 19 (1) (a) of Constitution
of India 16. However, the Supreme Court has, following very explicitly ruled that freedom of the press is
included in the guarantee of the freedom of expression, which also includes the liberty to publish and
circulate. The Apex Court has held that there was, therefore, no need to make a separate provision for the
freedom of the press17.
 The Freedom of Media
Freedom of speech and expression is a vital cog to democracy. It is being assured by the C onstitution of
India as well as by the virtue of Universal Declaration of Human Rights, and through other international
charters and treaties as well which are adopted to ensure the protection of human and fundamental rights.
It flows from these guarantees that the people are entitled to receive news and views, without interference
and to disseminate it regardless of the frontiers, and that is an integral part of the democratic process. In
practice, it is the media which daily exercises this right.
Thus, two key fundamental rights are involved in the right to free speech and expression, namely
The right to receive news and views,
And the right to communicate news, information, and views.
These rights largely depend on the freedom of all those indulge in the media to exercise their role as
collectors and communicators of news and views, without interference.
 Right to freedom of speech and expression not confined to national boundaries
The question of whether an Indian citizen’s right to freedom of speech and expression extends beyond the
geographical limits of India was considered by the Supreme Court in the case of Maneka Gandhi v. Union of
India18.
In this landmark judgment, the Supreme Court held that the freedom of speech and expression has no
geographical limitation and it carries with it the right of a citizen to gather information and to exchange
thoughts with others not only in India but abroad also.
The court observed:-
Freedom of speech and expression carries with it the right to gather information as also to speak and express
oneself at home and abroad and to exchange thoughts and ideas with others not only in India but also outside.
The Court observed that the authors of the Constitution had deliberately chosen not to use words confining
the right by refraining from the use of words ‘in the territory of India’ at the end of Article 19(1) (a).
 Press as the Mother of all Other Liberties
One of the most exhaustive and illuminating exposition of the importance of the press and its being
regarded as “The mother of all other liberties” in a democratic society is contained in the judgment of
Venkataramiah , J. in Indian Express Newspaper v. Union of India19. This case raised important questions
about the freedom of the press vis-à-vis the State’s power of taxation. Several writ petitions were filed in the
Supreme Court by newspaper owning companies in which the validity of imposition of duty on newsprint
under the Customs Act, 1962 was challenged.
It was contended on behalf of the petitioners who consumed large quantity of newsprint in the publication
of the newspapers, periodicals, magazines, etc. that the imposition of duty had the “direct effect of crippling
the freedom of speech and expression as guaranteed by the Constitution as it led to the increase in the price
of newspapers and the inevitable reduction of their circulation”. In this case, Venkataramiah J. considered
that press plays a very significant role in the democratic machinery and pointed out the importance of
freedom of speech and expression in the following words –
“Freedom of expression has four broad social purposes to serve: (i) it helps an individual to attain self-
fulfillment, (ii) it assists in the discovery of truth, (iii) it strengthens the capacity of an individual in

16 Dr. B.RAmbedkar in Constituent Assembly Debate.

17Availableat:
http://www.academia.edu/6609357/FREEDOM_OF_MEDIA_IN_INDIA_A_LEGAL_PERSPECTIVE_(last visited
on March10, 2019).
18AIR 1978 SC 597.
19(1985) 1 SCC 641.

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participating in decision making, and (iv) it provides a mechanism by which it would be possible to establish a
reasonable balance between stability and social change. All members of society should be able to form their
own beliefs and communicate them freely to others. In sum, the fundamental principle is the people's right to
know. Freedom of speech and expression should, therefore, receive a generous support from all those who
believe in the participation of people in the administration.”
While recognizing the importance of the right to freedom of the press, the Court held that there could not be
any immunity from taxation since the framers of the Constitution had chosen not to provide for
constitutional immunity against such taxation. At the same time, they had been careful to protect the press
against local pressures by choosing to confer the power to levy taxes on newspapers on Parliament alone
and not the State Legislatures.
 Tax liability of Media
Newspaper industry enjoys two of the fundamental rights, viz, the freedom of speech and expression
guaranteed under Article 19 (1) (a) and the freedom to engage in any profession, occupation, trade, industry
or business guaranteed under Article 19 (1) (g). While there can be no tax on the right toexercise freedom of
expression, tax is leviable on profession, occupation, trade, business and industry.
Hence tax is leviable on newspaper industry. But when such tax transgresses into the field of freedom of
expression and stifles that freedom, it becomes unconstitutional. As long as it is within reasonable limits and
does not impede freedom of expression it will not be contravening the limitations of Article 19 (2) 20.In the
case of Indian Express Newspaper v.Union of India, Court said that any tax to be levied on press should be
“subject to review by the courts in the light of the provisions of the Constitution21”.

Constitutional Perspective of Media

Freedom of speech and expression is an essential aspect of liberty as stated in Maneka Gandhi v.Union of
India22. In Tata Press v.Mahanagar Telephone Nigam Ltd23. It was held here that the commercial speech is
also a part of freedom of speech and expression.Chapter on Fundamental rights, Part III in the Indian
Constitution, was not incorporated as a popular concession to international sentiment and thinking on
human rights in vogue after the conclusion of the II World War. The demand for constitutional guarantees of
human rights for Indians was made as far as way back as in 1895 in the Constitution of India Bill, popularly
called the Swaraj Bill, which was inspired by LokmanyaTilak, a lawyer and a great freedom fighter. This bill
envisaged for India a Constitution guaranteeing to every citizen, among other freedoms, the freedom of
press.
One can say that the debut of press in India was made with commercial interests in mind. It was the
contribution of the first British MNC -The East India Company. It was one of those instruments of the British,
which was later manipulated by the Indians to serve their interests; as the role of the press underwent a
major change and it soon turned out to be one of the most effective weapons Indians had at their disposal
during their struggle for freedom from the British. The press was always under the control of the company,
but after its press role reversal the necessity to clamp harsh curbs became imminent. Repressive laws were
passed and judgments were given curbing press freedom. The ‘Founding Fathers and Mothers’ of the Indian
Constitution attached great importance to freedom of speech and expression and the freedom of the press.
They believed that freedom of expression and the freedom of press are indispensable to the operation of a
democratic system. They believed that central to the concept of free press is freedom of political opinion and
at the core of that freedom lies the right to criticize the Government. They endorsed the thinking of Jawahar
Lal Nehru who said, “I would rather have a completely free press with all the dangers involved in the
wrong use of that freedom than a suppressed and regulated press24.”
The Indian Constitution provides for this freedom in Article: 19(1)(a) which guarantees right to freedom of
speech and expression. It has been held that this right to freedom also includes press freedom. It is an
implied or deduced right. The economic and business aspects of the press are regulated under Article:
19(1)(g) which provides for freedom of profession, occupation, trade or business which is restricted by

20 Ibid.
21AIR1985 1 SCC 641.
22AIR 1978 SC 597.
23 AIR 1995 SC 2438.
24Availableat:https://www.academia.edu/34368018/Freedom_of_Press_in_India__Constitutionality_and_Scient

ific_Development. (last visited on March 10, 2019).

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Article: 19(6) which includes provisions for public interest, professional and technical qualifications and
state nationalization- total or partial.
Reasonable Restriction by Constitution of India on Media.
The right to freedom of speech and expression is limited by the restrictions imposed by that right, and the
restriction imposed by the state is also curtailed by the factor of reasonability. So even if the state is
empowered to restrain the freedom, this restraintment is not absolute and is subject to the limitation of
reasonability. So every restriction has to be reasonable restriction to be valid under the constitution. The
Supreme Court in PapnasamLabour Union v. Maduracoats Ltd25 has laid down the reasonability of the
restrictions under Articles: 19(2) to 19(6).
i. The restriction in order to be reasonable must not be excessive that is, it should not go beyond the
need to avoid the mischief or injustice. It should not be arbitrary.
ii. The restriction should have a direct or proximate or reasonable connection or link between itself
and the object sought to be achieved.
iii. The restriction to be reasonable should not be abstract. But no fixed principles can be laid down
and the standards of reasonability would vary from case to case and time to time.
iv. While interpreting the term reasonable, the court should keep in mind the complex issues of the
society and the intention of the legislature of the statute in question.
v. The term reasonable is of dynamic nature and hence the judiciary should keep an elastic and
practical approach while interpreting the term.
vi. It is imperative for the court to analyze the social control before any restrictions can be imposed on
the fundamental rights.
vii. For the interpretation of term reasonable, it is necessary for the court to examine the social welfare
and the need of prevailing social norms and values.
viii. The word reasonable has to satisfy the test of procedural reasonability as well as substantive
reasonability.
ix. For a restriction to be reasonable must be in conformity with the test of Article 14 of the
Constitution. It means the restrictions should not be excessive or discriminatory.
x. While interpreting the term reasonability the courts have to keep in mind the Directive principles
of the state policy.
Following are the reasonable restrictions provided by the Constitution of India under Article: 19(2) related
to freedom of speech and expression:
 Sovereignty and integrity of the state
This ground was inserted by an amendment to curb the tense reaction of the people, who were
demanding separate entity of the different regions of India.
 Security of the state
The freedom of expression cannot be exercised in such a manner so as to endanger the security of
the state in any way.In State of Bihar v.Shailabala Devi26, The Supreme Court held that the speeches
made by individuals which encouraged and incited the people to commit crimes like murder,
dacoity, robbery etc. would definitely endanger the integrity of the state.
 Public Order
The word public order was inserted by Constitutional (First Amendment) Act 1951. This clause was
inserted to reduce the effect of RomeshThappar v. State of Madras27, where the court had held that
the right to circulation is a part of Right to freedom of Speech and expression.
 Decency or morality
The elaboration of this ground is reflected in Sections 292 to 294 of the Indian Penal Code. In
RanjitUdeshi v. State of Maharashtra28, the Supreme Court stated that the section 292 of Indian
Penal Code is constitutionally valid as it prohibits obscenity and promotes public decency and
morality.

25AIR 1995 SC 2200.

26AIR 1952 SC 329.
271950 AIR 124, 1950 SCR 594.
28AIR 1965 SC881.

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 Contempt of Court
In C.K. Daphtary v. O.P. Gupta29, it was held that the Section: 228 of the Indian Penal Code and
Article: 129 of the constitution are valid and fall under the ambit of reasonable restrictions
mentioned in Article: 19(2) of the Constitution. So the freedom of speech and expression are subject
to Articles: 19(2), 129, and 215 of the Indian Constitution.
 Defamation:
The right to freedom of speech and expression does not include in any way to cause harm to the
reputation to a person. Causing harm to a person’s reputation is called as defamation and is a severe
limitation on the right of freedom of speech and expression.
 Incitement to an offence:
In State of Bihar v.Shailabala Devi30 it was decided that any speech which amounts to incitement of
any offence could be banned and the order of ban would fall within the reasonable restrictions
mentioned in Article 19(2) of Indian Constitution.

 The Other Restrictions on Media in India:

There are various legislations in India governing the media and having a check over it functioning and
working style be it the print or electronic media. The Hon’ble Supreme Court of India, pronounced a
judgment recently on 11th September, 2012 in the case of Sahara India Real Estate Corp. Ltd. &Ors. v.
Securities & Exchange Board of India &Anr. Centered on finding an acceptable constitutional balance
between free press and administration of justice. It sparked off a debate on whether the concept of prior
restraint on media reporting of judicial proceedings is valid under the constitutional tenets. The most
pertinent aspect of the judgment relates to the doctrine of postponement whereby the concerned High
Court or the Supreme Court can direct that the publication of judicial proceedings be delayed for a certain
period of time. The 56-page long judgment, penned by the Chief Justice of India, is built on the presumption
that under the Indian Constitution, probably, no values are absolute and that it also follows that in
appropriate case one right [say freedom of expression] may have to yield to the other right like the right to a
fair trial. Drawing from the above statement, the Court went on to add that even the concept of ‘open justice’
is notabsolute and hence Courts may place arestriction on the same in the interest of administration of
justice31. This also includes the Press Council of India Act, 1978, the Prasar Bharti Act, 1990.
Media as a Problem
We have a rich tradition of fiercely independent journalism. In fact, most of the big scams were busted by
the press. The law enforcers merely followed them up. The poorly paid journalist must be credited for
extracting those information which looked inaccessible for the top vigilance teams of the country 32. Media is
playing a pivotal role in society and one can hardly deny this statement but it is also correct that there is
problem within its own fraternity at the same time. Because media sometimes showcases inaccurate news,
views, and reports just to garner TRP for their own channels. Majority of public reports having had a prior
knowledge of news even though they were not the part of that story. Sometimes lack of proper editing also
led to the downfall and gives a bad name to the media. The media houses are not centric towards the major
issues and rather they are emphasizing a lot more on entertainment issues to get hold of the market share.
Some of the biggest fallacy in context with media comprises of defamation, contempt of court, and media
trails which actually hampers the credibility of media to a great extent.
 Defamation: The demeaning aspect of Media
In India, Defamation can be viewed as a civil offense as well as criminal offense and may be defined
as the writing, publication, and speaking of a false statement which causes injury to reputation and good
name for private interest. The remedy for civil defamation is covered under Law of Torts. In civil
defamation, a victim can move high court or subordinate courts for seeking damages in the form of
monetary compensation from the accused. Section: 499 and 500 of The Indian Penal Code, 1860 provides an
opportunity for the victim to file a criminal case for defamation against the accused. Punishment for the

29AIR 1971 SC 1132.

30AIR 1952 SC 329.
31Available at:https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2799913 (last visited on March, 10

2019).
32Available at: https://www.lawctopus.com/academike/media-trials-india/ (last visited on March 10,

2019).
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guilty person for criminal defamation is simple imprisonment which may extend to two years or fine or
both. Under the criminal law, it is bailable, non-cognizable and compoundable offense.
The Constitutional validity of Defamation has been explained by The Supreme Court in
Subramanian Swamy v. Union of India33 in which it was held the constitutional validity of defamation laws
and rules that they are not in conflict with the right of speech. Apex court also said that one is bound to
tolerate criticism, dissent, and discordance but not expected to tolerate defamatory attack.

 Contempt of Court: The crossing limit of Freedom of speech by Media

Media is regarded as one of the four pillars of democracy. Media plays a vital role in molding the
opinion of society and it is capable of changing the whole viewpoint through which people perceive various
events. The media can be commended for starting a trend where the media plays an active role in bringing
the accused to hook. But when encroaches the limit of free speech it amounts to contempt of court and in the
case of in Perspective Publications (P) Ltd34 v. The State of Maharashtra and C.K. Daphtary and others v. O.P.
Gupta and others35. Therefore, apart from the fact that a particular statement is libelous, it can constitute
criminal contempt if the imputation is such that the same is capable of lowering the authority of the Court.
The gravity of the aforesaid statement is that the same would scandalize the court.
Commenting on the pending cases or abuse of party may amount to contempt only when a case is
triable by a judge. No editor has the right to assume the role of an investigator to try to prejudice the court
against any person.
 Media Trial
In recent times there have been numerous instances in which media has conducted the trial of an
accused and has passed the verdict even before the court passes its judgment. Trial by Media it is the impact
of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt
regardless of any verdict in a court of law. This phenomenon is popularly called a media trial.
In State of Maharashtra v. RajendraJawanmal Gandhi36 the Supreme Court observed: “There is a procedure
established by law governing the conduct of the trial of a person accused of an offense. A trial by press,
electronic media or public agitation is very antithesis of rule of law. It can well lead to a miscarriage of
justice.Again it cannot be excluded that the public becoming accustomed to the regular spectacle of pseudo
trials in the news media might, in the long run, have nefarious consequences for the acceptance of the courts as
the proper forum for the settlement of legal disputes.”

Conclusion
The way, Indian media is facing the wrath of the society is undeniable. The media sector was once
considered to be the most important aspect to raise the voice and to be listened too, but with the changing
values and the investment of money in it, is hampering its credibility to great extent. The laws and
regulatory bodies seem a bit flippant in order to curtail the negative aspects of media. The media has the
power to change the perspective of a person about anything, it circulates. It has a great potential to influence
individual thoughts and is capable of changing the entire dynamics through people who perceive various
views from it. The wrong needs to be condemned and the good must be appreciated by the media on the
basis of merit, it should lay more emphasis on a fair reporting in order to reclaim its lost credibility. The
media is a vital cog for the masses and hence, it should give more importance on the core issues of the
society and present the same before the society in a better way which should be more realistic and is free
from all ill-effects that media, nowadays, bear. The media has to realize its fundamental freedom and should
abide by the law, the media shouldn’t usurp the functions of State as well as Judiciary and deviate from its
objective and unbiased reporting. While it also needs to understand that any undesired control on media in a
democracy, will also jeopardize the society at large hence, the law needs to be construed in accordance with
the change of society which assures the people that media is aware about its rights and duties without
infringing any provisions of law of the land in force.

33AIR [W.P. (Crl) 184 o 2014,

341971 AIR 221, 1969 SCR (2) 779.
351971 AIR 1132, 1971 SCR 76.
36Crl.A. No. 838 of 1997 (Arising out of SLP (Crl.) No. 1560 of 1997.

Research Paper IJRAR- International Journal of Research and Analytical Reviews 377𝗑
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Suggestions
From the discussion above mentioned, it is suggested that
 the new and strict rules are needed to be incorporated to curb the ill-effects of media.
 the Regulatory Body should comprise of well-known scholars from the field of law and mass
communications to control the functioning of media.
 the media should be restricted to the extent when there is a threat to National Security.
 the media should lay more emphasis on core issues rather than giving importance to absurd or
illogical issues which has no relevancy with the contemporary issues.
 that it should provide real information and to stay away from all sorts of TRP ratings.

378𝗑 IJRAR- International Journal of Research and Analytical Reviews Research Paper