ABSTRACT
In this rapidly changing socio-economic conditions of the country like India, the role of press/media has gained its prominent place, in the society. The symbol of a free society is reflected in its provision of Free Speech. It is an inherent and inviolable right of the citizens and a viable symbol of a democratic country. It is a basic right available for all the citizens, regardless of their religious, ethnic, cultural, political and social backgrounds. Thus, freedom of speech is integral and alienable at all levels of the society.
Other aspect comes into reality, in cases when the freedom of speech is imposed with certain restrictions, unfair criticisms, rumours or comments, that are circulated in the entire society. But, media is considered as one of the important justice pillars of the society. It stands with all the other pillars like the Legislature, Executive and the Judiciary being the other ones. These pillars of society are entrusted to ensure legality of all actions and decisions. Media is often referred as ‘The Fourth Estate’[1] and it has to operate within the statutory provisions and constitutional statutes, in order to safeguard public and national interest.
INTRODUCTION
The Constitution of India guarantees the freedom of expression and speech to its citizens. It ensures that the freedom is not absolute and any word or expression or speech must not violate the statutory provisions enacted by the Legislature and are executed by the executive. If any kind of media or print exceeds its jurisdiction, the Court has the power to ensure that the violation of Fundamental Rights does not go unchecked. This is the indicator that nobody is above the law and the law is supreme.
Alexander Solzhenitsyn, a Russian novelist, philosopher and historian rightly said that “Justice is conscience, not a personal conscience but the conscience of the whole of the Humanity” [2]. According to the criminal procedure jurisprudence, the accused or the suspect is also entitled to an unbiased and fair trial. The notion that the accused is presumed innocent, until proven guilty. However, the media today takes the interviews of the witnesses and publish and broadcast it. This has the tendency to prejudice the mind of the people in the society and somewhat the minds of the law protectors as well.
The concept of Human Rights is known in the societies since the early human civilizations. It can be traced to the age of Renaissance and the period later, to the age of enlightment of which humanity and conscience were considered the heart and soul. The entire history of the mankind is surrounded by the samples and marked by the efforts to ensure respect and dignity fir human beings. The struggle against the socio-economic, political injustices and the recognition of Human Rights have been a fundamental part of the Human societies.
Human Rights are referred to as the basic rights that every human being is subtitled to and must enjoy and have them protected at any cost. it is defined as the right relating to life, equality, liberty and most importantly, dignity of each and every individual, as guaranteed by our constitution. These rights are a birth right and are not only of national importance but, have been recognised internationally as well. The rights that are the agreed values, morals, principles, belief that regulate the conduct of a state and all its citizen and non-citizen.
The Media is the greatest spokesperson of Freedom of Speech and Expression and the Freedom of Information. However, at times media is regarded as the worst violator of the privacy rights as well, through the investigation journalism. The media must be prevented from doing further violation of the human rights and must be guided by compulsion of self-restraint, to protect the further loss of life.
ROLE OF MEDIA[3]
The simple understanding of the right to freedom of speech is the concept of being able to express views or speak freely, without any restrictions. Every individual has the right to freedom of speech and expression, this right must include the freedom to receive, seek or impart any information and all kinds of ideas, regardless of the mode of getting it [4]. The violation of these rights or abuse of human rights has been regarded as one of the causes of the armed conflicts in the contemporary world. Whereas, it has made the protection and security of the human rights as one of the major issues of concerns in elements of peace-keeping.
It is only in the late 20th century and the period of early 21st century, that the Media Trial became popular among the societies. It was to describe the impact of audio, writing, prints and visual coverage on another person’s reputation, by creating a widespread perception of remorse regardless of the judgement by the court of law. As the number of the Media Trials increase, it increases the risks of higher criminal cases and a danger to the fair, free Judicial process that abides by the Constitution of India. The heart of our free and unbiased judicial system is the Right to a fair trial.
The prime purpose of the guarantee of free media is to create it as the institution, that is outside the government and keeps additional check on the three organs of the government. It keeps a check on the activities of the organs and ensure that any default is not being made. Since, the contemporary media has undergone many tremendous changes whether be in terms of its style, font or approach, has now widened its base by including of many technological sources like television broadcasting etc. These days, the sensitization of the media and the news is of prime importance, to ensure the measure of success in the field of journalism.
STATUTORY PROVISIONS[5]
Freedom of Press is not specifically mentioned under Part III of the Indian Constitution. Though, the provisions of the Constitution under the Article 19 includes, the freedom of speech and expression. It states that it includes the right to freedom of press/media, including the e-Media as well. The term ‘Media’ includes print media, internet, audio visual media, mobile, blogs, publishing and mass media [6]. However, the Article 19(2) of the Constitution does not refer to ‘administration of the justice’ but, interference of administration of justice amounts to criminal contempt. Article 14 to 17 deals with the protection of Right to life, Right to protection from the arbitrary arrest and detention and protection from inhumane treatment.
The Right to life, liberty and security of a person is enshrined in Article 21 of the Indian Constitution but, the privacy is not included in this very section. In one of the most early cases of press freedom namely, Romesh Thapper vs. State of Madras [7], Justice Patanjali Shastri underlined the special and integral role of the media in a democratic organisation in a society. In this case, the Supreme Court held that the ‘Freedom’ includes the freedom of Media and their publishing as well. In the other case of LIC vs. Manubhai Shah [8], the Apex Court restated that Article 19 (1)(a) that includes freedom of speech and expression, must be broadly incorporate the freedom to circulate one’s thoughts or views, by the way of mouth or in writing or through any sort of media.
The Article 8 of the Vienna Declaration and the Programme of Action mandates that the international organisations and communities should support the promotion and strengthening of democracy, respect and the overall development of the Human Rights and also, the fundamental rights, in the entire world. Thus, the universalization of the importance of Human Rights is now a social and political fact. The United Nations Charter, 1945 initiated a programme recognising the notion of Human Rights universally. The United Nations confers on the security Council the primary responsibility for the maintenance of international security and maintain peace, under the Article 24 of the Charter.
CONFLICT BETWEEN THE MEDIA AND THE RIGHTS
Media basically act as medium of communicator between the people and the news. It has the duty to inform the issues of the decisions that they take on different news, without spreading any sort of misinformation, to all the individuals in the society. As it has a large viewership, it has the capacity to educate, affect, persuade, entertain or motivate the people of the country. The entire value must be put on the importance of reason and not emotions or personal statements. With the widening of the boundaries of the societies, the media has embraced its position in all corners of the world. The problem that is faced by the society is the multiplied complexities because of the assumptions.
Media is the only institution that is strongly independent enough, to furnish all the true information and the plans of the future by the government to all citizens of the country. In Printers (Mysore) Ltd. vs. CTO[9], the Supreme Court held that though, the freedom of press is not expressly mentioned and guaranteed as the fundamental right. But, it is to implicit in the fold of the freedom of speech and expression under the Article 19 of the Indian Constitution.
The trial by the media often creates huge problems as it involves a tug of war between the free press and free trial, that are two very conflicting principles [10]. The entire foundation of the free media is based on the rights of the individuals, in a democracy. The ‘Right to Free Trial’ is a trial that ensures that it is uninfluenced from all kinds of pressures and therefore, it was considered as the basic doctrine of the principles of justice in India. The Articles 129 and 215 of the Indian Constitution guarantees this right for all individuals in the country.
The Media increases its rights by publishing the prejudicial information like the publication of confessions, which are the direct tools or the keys that reflect upon the merits of the case. Thus, the most suitable way to regulate the media, will be to exercise the jurisdiction of the court in order to, punish the ones who violate the basic code of conduct of law in the society. It is regarded that without free speech, no justice is possible. Hence, it is a necessity at it will help in fighting injustice and oppression as a matter of fact.
Moreover, the freedom of speech is important at all levels of the society and government as well. As, the government will get the opportunity, to redress the grievances of all the citizens in the country. Due to the rapid developments in the information technology, the government is now more accessible to all the electronic media, far more than the early communication channels. Though, the right to freedom of speech and expression is a globally accepted phenomena but, it must not be confused with the right to instigate violence or hatred.
CONCLUSION
The freedom of Press/Media carries different ideas for different individuals. However, there must be some sort of restrictions or boundaries to its freedom, as the rights are not completely absolute. The realistic discussion comes with the concerns, where these boundaries must be set, at what level they must be restricted. Media act as a catalyst that help to make the public participation meaningful for the democracy of the country. Thus, media plays a vital role in moulding the minds and the opinions of the society.
Further, the media plays an indispensable role in a democratic country like India. All the pillars of the government must function independently, in order to avoid the intrusion of the functions of others. The legislation must perform its great responsibility of making laws on fair trial but, without curtailing the freedom of the media. As, the media trials do abate the purpose of justice sometimes and it is not necessary to shut them completely out of the light. The confrontation between the free media and free trial has clearly generated a lot of intensive scrutiny and accelerating tensions. The Constitution of India has laid down many restrictions and certain freedom provisions but, out of all the most relevant is the Right to freedom of speech and expression, for all individuals in the country.
To conclude, no matter what country we come from, we all are human beings basically, the same beings that have similar needs and concerns. Thus, the term ‘Human Rights’ is significant to all of us, living in a democratic country. The cultural and the socio-economic rights are indispensable factors, for the sustainable expansion of development and rights thus, not possible without the Human Rights.
REFERENCES
· BIBLIOGRAPHY https://legaldesire.com/role-of-media-in-democracy/
· https://www.lawctopus.com/academike/media-trials-india/
· Brij Bhushan v. State of Delhi (Supreme Court of India 1950).
· Jha, N. ; Constitutionality of Media Trials in India.
· Nashter, G. ; (2018) Media and democracy – legal prospective. International Journal of Law, 15-19.
· Sinha, A. ; Media Trial from the Lens of Indian Constitution and Judiciary.
