FREEDOM OF PRESS AND THE LAW

FREEDOM OF PRESS AND THE LAW
Freedom of Press is the freedom of communication and expression through various electronic medias and published materials. Mostly freedom of press implies the absences of the interference from an over-reaching state. In Indian Express v/s Union of India Hon’ble Supreme of India held that “the press plays a very significant role in democratic machinery.”
Basically, when we speak about the Freedom of Speech with regards to the PRESS, it has 3 main following ingredients –
1) FREEDOM TO ACCESS ALL SOURCES OF INFORMATION.
2) FREEDOM OF PUBLICATION.
3) FREEDOM OF CIRCULATION.
Freedom of press comes with the certain responsibilities unlike any other freedom. Freedom and responsibilities are the two sides of same coin, which needs to be kept in mind while dealing with the Freedom of Press.
FREEDOM OF PRESS COMES DOWN WITH FOLLOWING RESPONSIBILITIES
• Freedom of speech shall not affect the Sovereignty & Integrity of India.
• Freedom of speech shall not dilute the Security of the State.
• Freedom of speech shall not tarnish the friendly relations with Foreign States.
• Freedom of speech shall be in accordance Public Orders.
• Freedom of speech shall maintain decency and/or Morality.
• Freedom of speech shall not cause contempt of court.
Under the article 19 (1)(a) of Constitution of India the FREEDOM OF PRESS is the implied in nature. Freedom of Press not as explicitly mentioned in Constitution of India unlike mentioned in the Constitution of United States of America.
As rightly worded by Mahatma Gandhi “the role of journalism should be service.” No doubt the press has the great power, but uncontrolled power vitiates everything. PRESS needs to work with Indian Judiciary, together, is the need of an hour.

Tushar Kale
Advocate, Bombay High Court
For TusharCons Legal

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