Press is the fourth pillar of democracy….

—Contributed by Deepak Miglani Legal Buddy

Article 19(1) (a) says that all citizens shall have the right to freedom of speech and expression but the state can put reasonable restrictions on this right on the following grounds:-security of the State, friendly relations with foreign states, public order, decency and morality , contempt of court, demotion, incitement to offence and integrity and sovereignty of India.

The expression "Freedom of press" has not been used in Article 19 but it is comprehended with in 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. There can not 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 responsible judgements. Freedom of press is the heart of social and political intercourse. It is the primary duty of the courts to uphold the freedom of press and invalidate all laws or administrative actions which interfere with it contrary to the constitutional mandate.

Freedom of press has always been a cherished right in all democratic countries. The newspaper not only surveys news but also ideas, opinion and ideologies.  It is regarded as the fourth pillar of democracy and is made for  the welfare of the country and its people. But this pillar has been infected by the virus of corruption. Fake Sting operation on Uma Khurana by a Prakash Singh, reporter of Live India channel is the latest example.  Now press is invading the privacy of people in the name of sting operation.  Carrying out the sting operation is right in some cases but there should be a code of conduct of doing such activities.  It is the duty of each and every person related to journalism that how they understand and fulfil their responsibilities and keep themselves away from controversies. Time has come to save this fourth pillar of democracy.

For any query:- legalbuddy@milagrow.in


Reference : Indian Express Newspapers vs Union of India (1985) 1 SCC 641

 

This entry was posted on Wednesday, February 13th, 2008 at 1:53 pm and is filed under Milagrow Legal Planet. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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