Freedom of Press: From a Legal Concept to Obligation

Basantakumar Wareppa *

40th foundation day of Manipur Press Club under auspices of All Manipur Working Journalists Union (AMWJU) on 6 Jan 2015 :: Pix - Deepak Oinam

Freedom of expression and democracy is inseparable. The trust and belief in premise should always walk hand in hand. Democracy can only exist in a situation where citizens enjoy freedom of expression. Today, we live in society where the media plays a critical role to uphold democracy. Transparency and accountability on the part of the Government is a must to ensure that media remains the "fourth pillar" of the Constitution.

In the absence of opposition parties in the Manipur Legislative Assembly, media often acts as the prime opposition party. However, ensuring freedom of media has become now become one of the main challenges. This is primarily due to the absence of a scheduled provision in connection with the freedom of the press in the Indian constitution.

Media organizations in Manipur are widely appreciated for their role in timely exposure of government's failure and human rights violations. Because of Manipur media's action, powerful and influential people in the Government including miscreants and criminals always wait for opportunities to silence the media.

As reprisal to the media's proactive role, seven journalists have fallen victim of various intimidating acts executed in the state of Manipur by state and non-state actors since 1993. On a daily basis, media organizations and journalists face threats and intimidation in the State. Appropriate law to deal with such situations has never been applied as the State has failed to acknowledge the actual problems including the prolonged process of militarization.

A free, uncensored and unhindered press or media is essential in any society to ensure freedom of opinion and expression and the enjoyment of human rights enshrined under the International Covenant on Civil and Political Rights (ICCPR), 1966 herein referred as the Covenant. It constitutes one of the cornerstones of a democratic society. The Covenant embraces a right whereby the media may receive information on the basis of which it can carry out its function. The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential.

This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. The public also has a corresponding right to receive media output. Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.

Specific law protects freedom of press in countries like the United States of America and European Union (EU) member States. Freedom of expression is an important condition of any European country's readiness to become part of the European Union. Under the Article 49 of the Lisbon Treaty, ensuring freedom of expression is basic human rights to shows countries commitment to democracy, good governance and political accountability.

Therefore, freedom of speech considered generally as the right of being able to speak freely without any censorship is as a rule guaranteed by the international human rights law. In this spirit, no country can join the EU without guaranteeing freedom of expression as a basic human right. Similarly, Article 1 of the European Charter on Freedom of the Press guarantees Freedom of Press as an essential to a democratic society and therefore ensuring freedom of press is the mandate of all government.

In India, freedom of expression is possessed by the individual citizen. The statute of freedom of press is the same as that of an ordinary citizen under the Article 19 of the Indian Constitution. It is generally believed that Freedom of Speech and Expression in Article 19 of the Indian constitution include freedom of the press.

However the media organisation as a legal entity may be assumed to have enjoyed collective rights. In the media organisation, citizens who possess statutory rights are its member and the Editor is legally liable to protect the rights of reporters, correspondents and co-workers. In this line, the issue of freedom of the press involves the ability of journalists to carry out independent reporting or work without outside pressures.

India is a State party to the Covenant wherein the right to hold opinions without interference is realised. Article 19 (2) of the Covenant guarantees the right to freedom of expression including freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in printing, in the form of art, or through any other media of his choice.

In the absence of parliamentary legislation, the Supreme Court of India interpreted Article 19 in numerous cases couple alongside the provision of the Covenant under the principle of incorporation guarantees journalist in India to enjoy freedom of expression. Therefore, any attempt to curtail this right contravenes both the Covenant and Indian Constitution and hence these provisions do not grant any arbitrary power to the Government or any other force to curtail freedom of press.