Freedom to 4th pillar of democracy-the Press and Media

Sumer Khajuria

“The information as a public good underlines the indisputable importance of verified and reliable information. It calls to essential role of the free and professional journalists in producing and disseminating this information, by tackling misinformation and other harmful content ” is the outspoken version of the Director General of UNESCO, on this auspicious occasion of World Freedom Of Press Day.
World Press Freedom Day has its origin in a UNESCO Conference in Wnchoek in 1991 ended on 3rd May 1991 by adoption of land Windhoek Declaration for the development of the free ,independent, and Pluralistic Press. The Conference is connecting with the regional World Press Freedom Day celebrations hosting six regional forum to focus on the local aspects of the press freedom and explore the current trends and challenges. The forums build upon the historical series of regional seminars triggered by the 1991 seminar in Windhoek, which inspired regional declarations to promote a free, independent and pluralistic press after similar seminars held at Alma- Ata in 1992,Santiago in 1994, Sina’s in1996 and Sofia in 1997.
Historically the origin of the concept of the freedom of press goes back to 15th century in England. From the earliest times in the West, persecution for the expression of the opinion even in the matter relating to the science and technology or philosophy was restrained both by the church and state, to suppress alleged heresy, corruption of the youth or sedition. Such restraints through licensing and censorship came to be accentuated after the printing towards the later part of the 15th century and appearance of news papers in the 17th century, which demonstrated how powerful was the medium of expression.
The Milton in his Areopagitica in addressing to the Long Parliament of England had made protest which had taken up the licensing Act of 1662 which in fact was refused to be reviewed by the House of Commons in 1694 though the reasons were technical. The history of freedom of press in England is thus triumph of the people against the power of the licensor.
Freedom of press in England means the right to print and publish anything which is not prohibited by law or made offence, such as sedition, contempt of court, obscenity, defamation,and blasphemy.
To underline the importance of information within our online media environment, WPFD 2021 will highlight three topics:
* Steps to ensure the economic viability of news media
* Mechanisms for ensuring transparency of internet companies
* Enhanced Media and Information Literacy (MIL) capacities that enable the people to recognize and value, as well as defend and demand journalism as a vital part of information as public good
In India the freedom of press is implied from freedom of speech and expression guaranteed under Article 19(1)(a) laying down that all citizens shall have the right to freedom of speech and expression.
Before independence in India there was no constitutional or statutory guarantee of freedom of an individual or media/press. At the most some common law for freedom could be claimed by the press, as observed by the Privacy Council in Channing Arnold Vs King Emperor;
“The freedom of the journalists is an ordinary part of the freedom of the subject and to whatever length the subject in general may go,so also may the journalists, but apart from statute law his privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as well as, and no wider than that of other subject”
The General Assembly of the United Nations Organization on 10th December 1948 in its Article 19,the heart Declaration has laid down:
“Everyone has the right to freedom of opinion and expression and this right includes freedom to hold opinions without interference and seek, receive and impart information and ideas through any media and regardless of frontiers ”
The Apex Court in UOI Vs Association of Democratic Reforms observed “one sided information, disinformation, non information, all equally create an uniformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions ”
In Indian Expess Newspaper Vs UOI,It has been held that press plays a very significant role in the democratic machinery. The courts have duty to uphold freedom of the press and invalidate laws and administration actions that abridge that freedom. The freedom of press has three elements;
1) Freedom of access to all sources of information
2) Freedom of publication, and
3) Freedom of circulation
In crux the freedom of press being fourth pillar of democracy in our democratic setup in India has to be maintained and upheld at it’s high esteem.
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