Freedom of Press &

Media trial
CONSTITUTIONAL LAW

ZENE QAMAR
BALLB (HONS) SF
SEM IV
ROLL NO 60
 INTRODUCTION

After the Right to life and Right to property, freedom of speech comes as the next
important and significant in the hierarchy of rights. Many a times the pages of human
civilization have been stained with the blood of those, who have sacrificed their lives for
their freedom of thought. One such event was the case of Socrates the great philosopher
who stood firm for his ideas and preferred hemlock to life. Freedom of speech has always
been held very dear to the heart of human being.

The preamble of Indian Constitution, therefore categorically, speaks inter alia to secure to
all its citizens liberty of thought, expression etc. Part III of our Constitution under the
heading of Fundamental Rights has well enumerated six fundamental rights. Freedom of
thought and expression as mentioned in the preamble has its fullest form in the article 19
under the nomenclature of Right to Freedom. The said article has given the total indices
of different categories of freedom.

Freedom of speech and expression as enumerated under sub clause (a) of clause (1) of
article 19 connotes the liberty to express one's views, opinions, beliefs and mode of
expression either through words, writing, printing, features or any other intelligible mode
that can convey the thought, view and opinion.

Indian Constitution though has enumerated under article 19 (a) (1) about the freedom of
speech and expression for its citizens; however, it has nowhere mentioned about the
freedom of press. Since printing media/electronic media are two other important modes
of expression of opinion, views etc. it can essentially be said that freedom of press is
implied in freedom of speech and freedom of expression.

It is settled law that Right to Freedom of speech, expression in article 19(1) (a) includes
the liberty of the press in Sakal Paper Ltd. V. Union of India,1

1
AIR 1962 SC.305
The fundamental right of the freedom of the press implicit in the right to freedom of
speech and expression is essential for political liberty and proper functioning of
democracy. The American Press commission has said, “Freedom of the press is essential
in the political liberty. When men cannot freely convey their thoughts to one another, no
freedom is secured, where freedom of expression exists the beginning of free society and
means for every retention of liberty are already present. Free expression is therefore
unique among liberties.2

Unlike the American Constitution, Article 19(1)(a) of the Indian Constitution does not
expressly mention the liberty of the press but it has been held that liberty of the press is
included in the freedom of speech and expression.

How the public opinion is articulated?

It is largely through the medium of either print or electronic media (Free press) public
opinion is articulated and all of us know how important the role of public opinion in a
democracy is. Because public opinion ultimately brings social change and social
development. Secondly it is one of the chief instruments of information and also works as
a medium for exchange of ideas, view etc. Very often it also carries the views of the
government, opposition and virtually works as a strong medium for imparting education
for the public, be it political social, economic, cultural, science, metaphysics or
philosophy.

Media is thus one of the main instruments of social education and enlightenment. Lord
Mansfield had defined the liberty of press as consisting in printing without previous
license, subject to the consequence of Law. It needs no emphasis that a free press which
is neither controlled by the executive nor subjected to censorship can play its oral role of
social auditing in a free state. In particular, regularly published political press is essential
in a modern democracy. India is a home to heterogeneous culture, language; religion so
also is our political life.

2
Brij Bhusan v. State of Delhi, AIR 1950 SC 129
In a multiparty system like louts, the political affiliation of the people has again been
diversified on the basis of caste, religion, language etc. In such a context, the media
freedom must be exercised with much caution and responsibility. The dimensions of the
media liberty are not only that media ought to be free and at liberty to publish the news
without pre censorship rather it is more than that. The media must at the same time be
sensitive to the impact it brings on the society by disseminating/publishing news on
highly sensitive issues. Basically, it must weigh the pros and cons of the said news on the
society. Right to know or Right to information is now treated as a basic right.

The expression means freedom from interference from authority which would have the
effect of interference with contents and circulation of newspapers. There cannot be any
interference with that freedom in the name of public interest. The purpose of the press is
to advance the public interest by publishing facts and opinions without which a
democratic electorate cannot make a responsible judgment. Freedom of the press is the
heart of social and political interference. It is the primary duty of the courts to uphold the
freedom of press and invalidate all laws of administrative actions which interfere with it
contrary to the constitutional mandate.”

In Bennett Coleman & Co v. UOI3 the Supreme Court felt that the freedom of speech and
expression is not only in the volume of circulation but also in the volume of news and
views. The press has right of free propagation and free circulation.... With the advent of
information technology and consequent revolution the electronic media particularly in the
name of the investigative journalism could have broken out news regarding crimes,
offences, scams, of sensational nature.

In state of Maharastra v. R.J.Gandhi4 the Supreme Court held that, a trial by press/
electronic media is very antithesis to rule of law. It can well lead to miscarriage of the
justice. A Judge has to guard himself against such pressure and he has to be guided
strictly be Rule of law. Another damaging effect of media trial is that sometime the
interviews either with the accused or with victim or his/her family, panel discussions,
debates etc either published in print media or aired through electronic media reveal some

3
AIR 2010 SC 2356
4
AIR 1997 SC 398
narrations, factual enumerations, data etc which might have material value from the point
of trial of case by the judiciary and definitely would have a tendency of interfering with
administration of justice.

In Sidharth Vashist v. State NCT of Delhi5 it was held that trial by media should be
avoided particularly at a stage when suspect is entitled to constitutional protection,
otherwise there is danger of serious risk and prejudice. At the same time there is no
denying the fact that media in a country like India has been playing its role more or less
successfully. It is due to the media involvement many cases have seen justice.

In Indian Express Newspapers v. Union of India6

Court observed that “the freedom of the press” has not been used in Article 19 but it is
comprehended within Article 19(1)(a). The expression means freedom from interference
from authority which would have the effect of interference with the content and
circulation of newspapers.

In Sales Tax on Newspapers:

In Printers (Mysore) Ltd. v. Asstt. Commercial Tax Officer,7

The court held in this case that no sales tax can be imposed on sale of newspapers in the
country. However this does not mean that press is immune either from taxation or from
general law relating to industrial relations or from the State regulation of condition of
service of its employees.

In Ajai Goswami v. Union of India8

The court in this case held that “The test for judging a work should be that an ordinary
man of common sense and prudence and not an out of the ordinary hypersensitive man.
The blanket ban on publication of obscene materials and article in order to shield juvenile
innocence cannot be imposed. No items should be viewed in isolation.

5
AIR 2010 SC 2356
6
(1985) 1 SCC 641
7
(1994) 2 SCC 434
8
AIR 2007 SC 497
In Romesh Thapper v. State of Madras9

A law banning entry and circulation of journal in a State was held to be invalid. The
government of Madras, in exercise of their power under Section 9(1-A) of the
Maintenance of Public Order Act, 1949 issued an order prohibiting the entry into or the
circulation of the journal in the State.

The court held that there can be no doubt that freedom of speech and expression includes
freedom of propagation of ideas.

New dimension to freedom of speech- Government has no monopoly on electronic

media.

In Secretary, Ministry of I & B v. Cricket Association of Bengal (CAB)10

The Supreme Court of India held that Government has no monopoly on electronic media
and a citizen has, under Art. 19(1)(a), a right to telecast and broadcast to the
views/listeners through electronic media Television and Radio any important event.

The Government can impose restrictions on such a right only on grounds specified in
Clause (2) of Art. 19. The court directed the Government to set up an independent
autonomous broadcasting authority which will free Doordarshan and Akashvani from the
shackles of Government control and ensure conditions in which the freedom of speech
and expression can be meaningful and effectively enjoyed by one and all.

CONCLUSION

The media plays an important role in the society and media sector is given immense
importance and protection in a democratic country like ours. It is treated as fourth pillar
of democracy.

9
AIR 1950 SC 124
10
(1995) 2 SCC 161
Media, as referred to by many as the “eyes and ears of the general public”. It forms the
backbone of our society. And a responsible media is expected to take into consideration
the reliance entrusted on it by the general public and confidence and faith entrusted
whereby common man/public blindly accepts the truth of the news published by media.
This actually calls for the existence of a responsible media. While acting as a responsible
media, it should follow certain norms in reporting of a crime or any news related to the
same:

 Accuracy of the case shall be maintained and verified before the same is
reported/published and read of all.
 Every caution shall be undertaken to avoid any writing that is opinion based i.e.
either favoring or defaming any person/party.
 Right to privacy shall not be interfered with.
 Accuracy is of utmost importance while reporting court proceedings.
 Reports based on mere suspicion or personal opinion shall not be published.
 Appreciation of an act of violence shall be avoided always.
 The heading shall not be purposely made sensational or provocative; it must be
apt for the matter printed under it.
 Rectification shall be published without any delay in cases of error.

It is not possible or desirable to invoke contempt jurisdiction in every case of media

excess, in the interest of the system. Whether it is legislation or contempt of court
proceedings, there should be a curb on this dangerous trend of media trial. It is high time
those interested in free trial stand up and fight this grave injustice.