send mail to support@abhimanu.com mentioning your email id and mobileno registered with us! if details not recieved
Resend Opt after 60 Sec.
By Loging in you agree to Terms of Services and Privacy Policy
Please specify
Please verify your mobile number
Login not allowed, Please logout from existing browser
Please update your name
Subscribe to Notifications
Stay updated with the latest Current affairs and other important updates regarding video Lectures, Test Schedules, live sessions etc..
Your Free user account at abhipedia has been created.
Remember, success is a journey, not a destination. Stay motivated and keep moving forward!
Refer & Earn
Enquire Now
My Abhipedia Earning
Kindly Login to view your earning
Support
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.
In Ramesh Thapar Vs State of Madras, Patanjali Shastri, Chief Justice, Supreme Court of India observed as follows...
“Freedom of speech and of the press lay at the foundation of all democratic organisation, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible. A freedom of such amplitude might involve risks of abuse. But the framers of the Constitution may well have reflected with Madison, who was the leading spirit in the preparation of the First Amendment of the Federal Constitution, that it is better to leave a few of its noxious branches to their luxuriant growth than by pruning them away to injure the vigour of those yielding the proper fruits.” 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. All modern democracies have therefore, given much importance to freedom of press. A free press is the sentinel of democracy. Successful democracy requires deliberation and discussion. Amidst all in a democracy people rule themselves through their popularly elected representatives and public opinion is the sentinel against arbitrariness and authoritarianism of those rulers.
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 is the role of public opinion in a democracy. 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. In a multiparty system like lours, 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 is 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. A free media no doubt plays a pivotal role in brining news/ information.
In Indian Express Newspapers Pvt. Ltd. Vs. U.O.I, the Supreme Court held that “the expression freedom of press has not been used in article 19 but it is comprehended within Act 1(1)(a). 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 propose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate cannot make a responsible judgement. 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. UOI, 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 even before investigating/enforcement agencies are informed about the occurrence. The matter does not stop there. In a bid to increase TRP the media goes on airing the sensational crimes/ offence, scams round the clock under the caption of breaking news. Interviews, sponsored debates and discussion by the panel of experts in the news room of any electronic media is a regular feature as to the reported Crimes, Offence, Scams etc.
Before the matter was fully investigated and adjudicated upon in any court of law, the media hype has already made someone victim and someone as perpetrator of the crimes. Possibly by spreading of news and views about the many presumptions about ...... crimes like the background of the accused, the possible motive behind crimes, offences and the purported display of barbarism, inhumanity, insensitivity to public morality and blatant dishonesty imputed to the accused has some time a negative impact as it would bring an warranted hatred and contempt for an accused even before he is adjudged guilty in the court of law. For example in many matrimonial cases, we come across situations where false cases are being foisted by the daughter in law and due to unnecessary media hype innocent husband, father in law or mother in law are being looked down in the society contemptuously.
It is due to the relentless fight of families of victims along with continued unconditional support of media, many cases could have caught nerves of the people, mention may be made of Jessica lal murder case, Priyadarshini Matto murder and rape case, Sivani Bhatnnager murder case, Sanjeeb Nanda hit and run case, Delhi Nirvaya case, Bombay rape case of a journalist and so many. Recently it is due to constant media coverage the Sheena Bora murder case where the Government removed the Bombay Police Commissioner, Rakesh Maria ultimately handed over the matter for CBI probe.
Thus, media has always been playing a vital role in bringing high profile crimes and scams to the public. Undisputedly the media is the unwritten fourth structures of any nation and happens to be the main articulator of public opinion and as such it stands foremost among all other organs. However, at the same time it must remain socially committed towards the welfare of the people guarding the national interest with an evangelist zeal always treading on the path of truth and morality hearing to the voice of greatest happiness of greatest number of people i.e. public utility and welfare.
By: Abhishek Sharma ProfileResourcesReport error
Access to prime resources