JOURNALISM PROJECT

DEMOCRACY OR FREEDOM OF EXPRESSION OF MEDIA

Submitted in partial fulfillment of the requirement for the award of the

degree of

B.A.English

2016-2019

Submitted by

S. Padhma priya

U16ELD042

Under the guidance of

Ms. G.Thilakavathy

Assistant Professor Department of English

DEPARTMENT OF ENGLISH

SHRIMATHI DEVKUNVAR NANALAL BHATT VAISHNAV

COLLEGE FOR WOMEN (Autonomous)

Re-Accredited with “A+” Grade by NAAC

Affiliated to University of Madras

March 2019
 CERTIFICATE

This is to certify that the journalism project titled Democracy or Freedom of

Expression of Media is a bonafide record submission of S.Padhma priya of B.A.

English in partial fulfillment of B.A. Degree Examination of the Autonomous College

affiliated to the University of Madras during the year 2018-2019 under the guidance

of faculty in-charge Assistant Professor Ms. G.Thilakavathy, Department of

English, S.D.N.B.Vaishnav College for Women, Chromepet, Chennai-600 044.

Head, Department of English Faculty in-charge

Ms. S. Ezhilarasi Ms. G.Thilakavathy

 ACKNOWLEDGEMENTS

This project is done with the help of the Department of English, S.D.N.B.Vaishnav

College for Women, Chromepet, Chennai-44. First and foremost, I would like to

thank our esteemed Principal, Dr. R. Geetha, and Ms. S. Ezhilarasi, Assistant

Professor and Head, Department of English, for their keen interest in providing me

full guidance and support. I express sincere thanks to my supervisor,

Ms. G.Thilakavathy, Assistant Professor, Department of English for providing me

guidance and support for finishing my project in journalism. I thank each and every

one who was involved directly and indirectly for the successful completion of my

project.

DATE:
 INDEX

CHAPTER NO CONTENT PAGE NO.

I. INTRODUCTION 1

II. PRESS LAW AND MEDIA 8

ETHICS

III. CONSEQUENCES OF 20

FREEDOM OF EXPRESSION

IV. MEDIA IN THE HANDS OF 30

DEMOCRACY

V. CONCLUSION 41

VI. BIBLIOGRAPHY
 CHAPTER-I

Introduction

Journalism:

 Definition of journalism

The words ‘journalist’, ‘journal’ and ‘journalism’ are derived from the

French word ‘journal’, which in its turn comes from the Latin word ‘diurnalis’

or ‘daily’. Journalism is the activity of gathering, assessing, creating, and

presenting news and information. It is also the product of these activities.

Journalism refers to the production and distribution of reports on recent events.

Journalistic media includes print, television, radio, internet and in the past,

newsreels. Concept of the appropriate role for journalism vary between

countries. In some nations, the news media is controlled by government

intervention, and is not a fully independent body. In others, the news media is

independent.

 Importance of journalism

In short, journalists are important because they influence the way we

see the world. He or she determines the news of the day, organized it around his or

her own sense of importance. Journalism consist of current and relevant things, so it is

important to the world. Journalism is responsible for spreading a current ideas. It is an

important way to view the past. By re-reading old articles, or reviewing archived
 2

News clips from different points in history, we have the public reacted to an event at

the time it was happening. The most important thing to understand about journalism is

that its entire purpose is to serve the citizens of a democratic society.

Write Bill Kovach and Tom Rosenstiel in the book ‘Elements of

Journalism’, says that, “the purpose of journalism is not defined by technology, nor

by journalists or the techniques they employ. Rather, the principles and purpose of

journalism are defined by the function of news play in the lives of people”. Pulitzer

Prize is the prestigious award for journalists.

Principles of journalism

1. Truth and accuracy

2. Independence

3. Fairness and impartiality

4. Humanity

5. Accountability

Without democracy journalism is not possible. Journalism and journalist must

be democratic to support the country and to create awareness among people.

Democracy

 Definition of democracy

A government by the people; a form of government in which the supreme

power is vested in the people and exercised directly by them or by their elected
 3

agents under a free electoral system is democracy.

 Some types of democracy are

Direct democracy

Representative democracy

Presidential democracy

Parliamentary democracy

Authoritarian democracy

Participatory democracy

Islamic democracy

Social democracy

Four pillars of democracy are equality, representation, freedom, justice.

International democracy day is celebrated on 15th September, to give respect to

the freedom of society. In journalism and media democracy plays an important

role. Media shows the information and entertains the people, whereas

journalism collects the information and shows the reality of the world to the

people. So, media is also equally important to makeup the society.

Media

 Definition of media

Media is the collective communication outlets or tools used to store and

deliver information or data. Media is also the entertainment for people.

 4

 Types of media

Print media

Mass media

Broadcast media

Social media

These are few types of media. Some examples of these Medias are

newspaper, blogging, television, radio, etc.

 Role of media

Media came into existence in 1780 with the introduction of a newspaper

namely the Bengal gazette and since then it has matured leaps and bounds. It

has been playing a very important role in shaping human minds. Media plays a

crucial role in shaping a healthy democracy. Media makes us aware of various

social, political and economic activities happening around the world. It is like

the mirror, which shows us or strives to show us the bare truth and harsh reality

of life. The media has undoubtedly evolved and become more active over the

years. It is the media only who reminds politicians about their unfulfilled

promises at the time elections. This reminder compels politicians to be up to

their promises in order to remain in power.

Television and radio had made a significant achievement in educating

rural illiterate mass in making them aware of all the events in their languages.

The media also exposes loopholes in the democratic system, which ultimately

helps government in filling the vacuums of loopholes and making the system
 5

more accountable, responsive and citizen-friendly.

 History of media

Mass media had to wait for the creation of new technologies before

coming to life. The first of these was paper, invented in china in about 100BCE.

However, another 1500 years had to pass before Johannes Gutenberg built the

first printing press. This meant that books could be mass produced whereas,

before each one had to be hand written.

By early in the 17th century, the first newspaper appeared. But, few people

were literate, readership was limited. As more people learned to read and write

the reach of mass media grew. By the early 1800’s high circulation newspaper

such as THE TIMES OF LONDON were developing huge newspaper. High

speed rotary printing presses churned out large volumes and the development of

railways made for wide distribution.

The arrival of photography changed the media scene. In 1862, Matthew

Brady held an exhibition of photographs he had taken of the US civil war.

American’s were shocked and stared at Brady’s image of the dead at the battle

of Antietam.

By late in the 19th century, new technology allowed newspapers to print

photographs. In 1895, the Lumiere Brothers gave the first public demonstration

of moving picture in Paris. Samuel Morse invented his code in 1835. A series of

dots and dashes could be sent down a telegraph wires and received at the other
 6

end. Messages could be sent over long distance at almost instantaneous speed.

Until then, the fastest speed at which information could travel was about

55km/h via railways.

In 1876, alexander graham bell invented the telephone. Now, instant two

way voice communication was possible.

In december1901, the Italian inventor Guglielmo Marconi raised a radio

antenna attached to a kite on signal hill, St. John’s new found land. He received

a radio signal from Cornwall, England 3400 km away. Instant communication

without wires or cables was now possible. Five years later the Canadian

inventor Reginald Fessenden transmitted speech across the Atlantic.

On November 2, 1920, radio station KDKA in Pittsburgh, Pennsylvania

went on the air to report the result of that year’s presidential election. Eight

years later, pictures were added to sound.

However, the widespread installation of television sets in people’s home

did not happen until the late 1940’s. The technology of television kept

improving over the year. There was

First cable delivery system-1948

Canada got its first TV service -1952

First color broadcast but nobody had a color recirver-1953

First satellite broadcast -1962

Color technology improvement encourage widespread use-1965

Beta home video recorders introduced-1976

 7

High-definition television demonstrated-1983

First digital broadcast-1998

Flat screens-2005

Three dimensional television-2010

In 1974, ARPANET was adapted for use commercially. In 1976 queen

Elizabeth 2 hit the “send button” on her first e-mail. And by 1993 there were

600 websites and two million computers connected to the internet.

In 1998, the Google search engine was born and the way people use the

internet was changed forever. In 2004, Facebook went online and the whole

social network phenomenon began.

There are now more than one billion websites with about 140,000 new

ones created daily. Smart insights gives us a glimpse of what happens every 60

seconds on the internet:

500 hours of YouTube videos are uploaded

149,513 email are sent

3.3 million Facebook post are made

3.8 million Google searches are started

448,800 tweets are spent on twitter.

By this we can know, how media grows step by step and made itself as a

prominent source. To improve media, press law and media ethics is very

important and by this democracy of media can be protected.

 CHAPTER-II

PRESS LAWS & MEDIA ETHICS

PRESS, LAW, SOCIETY & DEMOCRACY

Legislation in the shape of laws and acts, etc., is a convenient way of

controlling the mass media. Many countries have tried this method since a long

time now. Other means of suppressing media freedom are oppressive measures

like raids, seizures, arrests, fines, etc. only few countries like the USA have

ensured freedom of media in a direct manner. Most countries, like in India, have

some indirect measures. Almost all countries have provisions that impose

restrictions in a reasonable manner. In India, much legislation has been enacted

in this direction. Most governments feel that they have the right to enact such

Acts and Laws with a view towards restricting the freedom of expression in the

interest if the state, with regard to friendly relations with foreign states, with

regard to public order, with regard to decency or morality, or in relation to

contempt of court, defamation, or incitement of an offence.

CONSTITUTIONAL SAFEGUARDS TO FREEDOM OF PRESS

The struggle from the very beginning was to win legitimacy for the

right of free expression. But when the printing press offered opportunities to

increase the reach and durability of the message, governments immediately saw

a great threat to their power. They began placing restrictions on the ownership
 9

of printing units, and insisting on pre-censorship, etc. By the 18th century, the

battles for the freedom of the press were won in America, Britain and in most of

Europe. Generally, whatever restrictions were placed on the press were said to

be in the interest of citizens like protection against defamation, slander or libel

or the interests of the society like banning of obscene literature or material that

would produce social conflicts or the interests of the state like prohibiting

treasonable writing or disclosure of official secrets of damage to relations with a

friendly country, etc. These restrictions were not regarded as assaults on the

freedom of the press anywhere, though with regard to sedition and official

secrets, a debate is continuing for greater freedom of the press.

In our country the concept of freedom of the press evolved over the

years as a result of the struggle, first under the British rule against restrictive

press laws and after independence against such laws as the Press Objectionable

Matter Act, 1951. Both in the United States and India, constitutional provisions

do not define freedom of the press.

PRESS COUNCIL

Press Council Act, 1978 is an Act to establish a Press Council for the

purpose of preserving the freedom of the press and of maintaining and

improving the standards of newspapers and news agencies in India.

 10

It extends to the whole of India. Under the Press Council Act, 1978, the Council

by the name of Press Council of India has been established with effect from 1st

March'79. The council is a body corporate having perpetual succession. The

Council consists of Chairman and 28 other members. Section 13 of the Press

Council Act lays down the objects and functions of the Council. The important

functions of the Council are:

 To help newspapers and news agencies to maintain their independence,

 To build up a code of conduct for newspapers, news agencies and

journalists.

 To keep under review any development likely to restrict supply and

dissemination of news of public interest and importance.

 To concern itself with the developments such as concentration of or

other aspects of ownership of newspapers and news agencies which

may affect the independence of the press. The Press Council Act

empowers the Press Council to make observations in respect of

conduct of any authority including Government, if considered

necessary for performance of its functions under the Act. It can warn,

admonish or censure the newspaper, the news agency, the editor or the

journalist or disapprove the conduct of the editor or the journalist if it

finds that a newspaper or a news agency has offended against the

standards of journalistic ethics or public taste or that an editor or a

working journalist has committed any professional misconduct.

 11

Press Councils Guide to Journalistic Ethics

Press Council of India has been established to ‘preserve the freedom of

the press and to maintain and improve the standards of newspaper and news

agencies’. The council is enjoined to ‘build up’ a Code of Conduct for

newspapers, news agencies and journalists in accordance with high professional

standards. In October 1992, the Council published ‘an updated succinct of the

principles of journalistic ethics. The guide to Journalistic Ethics was further

revised and updated in 1995 by Mr. Justice P.B. Sawant. Some excerpts from

the Guidelines are:

1. Accuracy and fairness

The press shall eschew publication of inaccurate, baseless, graceless,

misleading or distorted material. All sides of the core issue or subject should be

reported. Unjustified rumors and surmises should not be set forth as facts.

2. Pre-publication verification

On receipt of a report or article of public interest and benefit containing

imputations or comments against a citizen, the editor should check with due

care and attention its factual accuracy - apart from other authentic sources with

the person or the organization concerned to elicit his / her or its version,

comments or reaction and publish the same with due amendments in the report

where necessary. In the event of lack or absence of response, a footnote to that

 12

effect should be appended to the report.

3. Caution against defamatory writings

A newspaper should not publish anything which is manifestly

defamatory or libelous against any individual organization unless after due care

and checking, they have sufficient reason to believe that it is true and its

publication will be for public good.

4. No personal remarks, which may be considered or construed to be derogatory

in nature against a dead person, should be published except in rare cases of

public interest, as the dead person cannot possibly contradict or deny those

remarks.

5. The press has a duty, discretion and right to serve the public interest by

drawing reader's attention to citizens of doubtful antecedents and of

questionable character but as responsible journalists they should observe due

restraint and caution in hazarding their own opinion or conclusion in branding

these persons as 'cheats' or 'killers' etc.

6. Parameters of the right of the press to comment on the acts and conduct

of public officials

So far as the government, local authority and other organs / institutions

exercising governmental power are concerned, they cannot maintain a suit for

damages for acts and conduct relevant to the discharge of their official duties

unless the official establishes that the publication was made with reckless
 13

disregard for the truth

7. Publication of news or comments / information on public officials conducting

investigations should have a tendency to help the commission of offences or to

impede the prevention or detection of offences or prosecution of the guilty. The

investigative agency is also under a corresponding obligation not to leak out or

disclose such information or indulge in disinformation.

8. Cartoons and caricatures in depicting good humor are to be placed in a

special category of news that enjoy more liberal attitude.

9. Right to privacy

The press shall not intrude or invade the privacy of an individual unless

outweighed by genuine overriding public interest, not being a prurient or

morbid curiosity. So, however, that once a matter becomes a matter of public

record, the right to privacy no longer subsists and it becomes a legitimate

subject for comment by press and media among others.

10. Caution against identification:

While reporting crime involving rape, abduction or kidnap of women /

females or sexual assault on children, or raising doubts and questions touching

the chastity, personal character of women, the names, photographs of the

victims or other particulars leading to their identity shall not be published.

 14

11. Recording interviews and phone conversation

The press shall not tape-record anyone's conversation without that

person's knowledge or consent, except where the recording is necessary to

protect the journalist in a legal action, or for other compelling good reason.

12. The press shall, prior to publication, delete offensive epithets used by an

interviewer in conversation with the pressperson.

13. Intrusion through photography into moments of personal grief shall be

avoided. However, photography of victims of accidents or natural calamity may

be in larger public interest.

14. Conjecture, comment and fact

A newspaper should not pass on or elevate conjecture, speculation or comment

as a statement of fact. All these categories should be distinctly stated.

15. Newspapers to eschew suggestive guilt

Newspapers should eschew suggestive guilt by association. They

should not name or identify the family or relatives or associates of a

person convicted or accused of a crime, when they are totally innocent

and a reference to them is not relevant to the matter reported.

 15

16. Corrections

When any factual error or mistake is detected or confirmed, the

newspaper should publish the correction promptly with due prominence and

with apology or expression of regrets in a case of serious lapse.

17. Right of reply

The newspaper should promptly and with due prominence, publish

either in full or with due editing, free of cost, at the instance of the person

affected or feeling aggrieved / or concerned by the impugned publication, a

contradiction / reply / clarification or rejoinder sent to the editor in the form of a

letter or note. If the editor doubts the truth or factual accuracy of the

contradiction / reply / clarification or rejoinder, he shall be at liberty to add

separately at the end a brief editorial comment doubting its veracity, but only

when this doubt is reasonably founded on unimpeachable documentary or other

evidential material in his / her possession.

18. Freedom of the press involves the readers' right to know all sides of an issue

of public interest. An editor, therefore, shall not refuse to publish the reply or

rejoinder merely on the ground that in his opinion the story published in the

newspaper was true. That is an issue to be left to the judgment of the readers.

19. Letters to editor

An editor who decides to open his columns for letters on a controversial

subject, is not obliged to publish all the letters received in regard to that subject.
 16

He is entitled to select and publish only some of them either in entirety or the

gist thereof. However, in exercising this discretion, he must make an honest

endeavor to ensure that what is published is not one-sided but represents a fair

balance between the views for and against with respect to the principal issue in

controversy.

20. Obscenity and vulgarity to be eschewed

Newspapers / journalists shall not publish anything, which is obscene,

vulgar or offensive to public good taste.

21. Newspapers shall not display advertisements which are vulgar or which,

through depiction of a woman in nude or lewd posture, provoke lecherous

attention of males as if she herself was a commercial commodity for sale.

22. Whether a picture is obscene or not, is to be judged in relation to three tests;

namely

 Is it vulgar and indecent?

 Is it a piece of mere pornography?

 Is its publication meant merely to make money by titillating the sex

feelings of adolescents and among whom it is intended to circulate? In

other words, does it constitute an unwholesome exploitation for

commercial gain? That is to say, whether its publication serves any

preponderating social or public purpose, in relation to art, painting,

medicine, research or reform of sex.

 17

23. Violence not to be glorified

Newspapers / journalists shall avoid presenting acts of violence, armed

robberies and terrorist activities in a manner that glorifies the perpetrators' acts,

declarations or death in the eyes of the public.

24. Glorification / encouragement of social evils to be eschewed

Newspapers shall not allow their columns to be misused for writings

which have a tendency to encourage or glorify social evils like Sati Pratha.

25. Covering communal disputes /clashes

News, views or comments relating to communal or religious disputes /

clashes shall be published after proper verification of facts and presented with

due caution and restraint in a manner which is conducive to the creation of an

atmosphere congenial to communal harmony, amity and peace. Sensational,

provocative and alarming headlines are to be avoided. Acts of communal

violence or vandalism shall be reported in a manner as may not undermine the

people's confidence in the law and order machinery of the state.

26. Headings not to be sensational / provocative

In general and particularly in the context of communal disputes or

clashes –

a. Provocative and sensational headlines are to be avoided;

b. Headings must reflect and justify the matter printed under them;
 18

c. Headings containing allegations made in statements should

either identify the body or the source making it or at least carry

quotation marks.

27. Caste, religion or community references

In general, the caste identification of a person or a particular class should

be avoided, particularly when in the context it conveys a sense or attributes a

conduct or practice derogatory to that caste.

28. Newspapers are advised against the use of word 'scheduled caste' or 'harijan'

which has been objected to by some persons.

29. An accused or a victim shall not be described by his caste or community

when the same does not have anything to do with the offence or the crime and

plays no part either in the identification of any accused or proceeding, if there

be any.

30. Newspapers should not publish any fictional literature distorting and

portraying religious characters in an adverse light, transgressing the norms of

literary taste and offending the religious susceptibilities of large sections of

society who hold those characters in high esteem, invested with attributes of the

virtuous and lofty.

31. Commercial exploitation of the name of prophets, seers or deities is

repugnant to journalistic ethics and good taste.

 19

32. Reporting on natural calamities

Facts and data relating to spread of epidemics or natural calamities shall

be checked up thoroughly from authentic sources and then published with due

restraint in a manner bereft of sensationalism, exaggeration, surmises or

unverified facts.

To improve media law and ethics freedom of expression is very

important. Everybody has the freedom to express their feeling. Especially

journalist should feel free to express his/her own opinions.

 CHAPTER-III

CONSEQUENCE OF FREEDOM OF EXPRESSION

Introduction for Article 19:

Freedom of press is not specifically mentioned in article 19(1) (a) of the

constitution and, what is mentioned there is only freedom of speech and

expression. In constituent assembly debates it was made clear by

Dr.Ambedkar, Chairman of drafting committee, that no special mention of the

freedom of press was necessary at all, as the press and an individual or a citizen

were the same as far as their right of expression was concerned.

Freedom of speech and expression is one of the six freedoms which the

constitution of India guarantee under its article 19(1). The main conception

behind granting this freedom to the citizen of India was to allow them to freely

develop their thoughts and ideas and share them without any unreasonable

hurdle. In the scheme of constitution of India this freedom is enshrined in the

most important part relating to the ‘fundamental right of the citizen’. And

notably, the right guaranteed under the Indian constitution as fundamental

rights, are very much corresponding to the human rights of the individual which

were declared universally through the ‘universal declaration of human rights’.

From the very early period itself human being are found developing their ideas,

thoughts and knowledge as such as sharing, expressing ideas, knowledge

 21

through speech, writing, audio visual stuffs, etc. so, it become necessary and for

protecting this, a recognized rights was granted in favor of citizen to speak and

express freely.

A law restricting the exercise of any of the six guaranteed by clause (1) of

article19 to be constitutionally valid, must satisfy two condition, namely:-

 The restriction must be for the particular purpose mentioned in the

clause permitting the imposition of the restrictions on that particular

right.

 The restriction must be reasonable restriction.

Freedom of speech is essential for the proper functioning of the

democratic process. The freedom of speech and expression is regarded as the

first condition of liberty. It occupies a preferred position in the hierarchy of

liberties giving succor and protecting to all other liberties.

The freedom of speech under article19 (1) (a) includes the rights to

express one’s views and opinion at any issue through any medium, e.g. by

words of mouth, writing, printing, picture, film, movie, etc. it thus includes the

freedom of communication and the right to propagate or public opinion. But this

right is subject to reasonable restriction being imposed under article 19(2).

Freedom of press is implied from the freedom of speech and expression

guaranteed by article 19(1) (a). There is no specific provision ensuring freedom

 22

of the press as such. The freedom of press is regarded as a species of which

freedom of expression is a genus. Thus being only a right flowing from the

freedom of speech, the freedom of the press in India stands on no higher footing

than the freedom of speech of a citizen, and the press enjoys no privilege as

such distinct from freedom of the citizen.

Purpose of freedom of speech and expression

Freedom of speech and expression not only allows people to communicate

their feelings, ideas, and opinion to others, rather it serve a broader purpose as

well. These purpose can be classified into four:

 It helps an individual to attain self-fulfillment

 It assists in the discovery of truth;

 It strengths the capacity of an individual to participate in the decision

making process;

 It provides a mechanism by which it would be possible to establish a

reasonable balance between stability and social change.

Article 19(1) consist of six rights and those six rights are about freedom for the

citizen of India.

Article 19(1) all citizen shall have the right

 To freedom of speech and expression

 To assemble peaceably and without arms;

 23

 To form association or union;

 To move freely throughout the territory of India;

 To reside and settle in any part of the territory of India;

 To practice any profession, or to carry on any occupation, trade or

business.

Necessity of Freedom of Expression

All over the world today, both in developing and developed countries,

liberal democracies and less free societies, there are groups who struggle to gain

full access to freedom of expression for a wide range of reasons including

poverty, discrimination and culture pressures. While attention is often, rightly,

focused on the damaging impact discrimination or poverty can have on people’s

lives, the impact such problems have on free expression is less rarely addressed.

There is no talk about the classic examples of challenge to freedom of

expression where repressive regimes attempt to block, limit and inhabit across a

population as a whole. Rather in a cases where in both more and less free

societies, particular group faces greater barriers to free expression than the

wider population. Such groups can often be denied an equal voice, active and

meaningful participation in political process and wider society. Poverty,

discrimination, legal barriers, culture restriction, religious customs and other

barriers can directly or indirectly block the voices of the already marginalized.
 24

Freedom of expression is a fundamental human rights. It also under pins

most other rights and allow them to flourish. The right to speak our mind freely

on important issue in society, access information and hold the power that to be

account, plays a vital role in the healthy development process of any society.

The lack of access to freedom of expression is a problem that particular affects

the already marginalized. That is, minorities facing discrimination both in

developed and developing countries. While the scale of their struggles varies

greatly, the principle is the same: within the context of their society, these

groups faces greater barriers to freedom of expression than the majority. If they

are unable to communicate their ideas, views, worries and needs effectively,

means they are often excluded from meaningful participation in society, and

from the opportunity to better their own circumstances. In other words,

discrimination is one of the core elements of unequal access to freedom of

expression.
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Protection of Freedom of Speech

Freedom of speech offers human beings to express his/her feeling to other,

but this is not the only reason also the purpose to protect the freedom of speech.

There could be more reason to protect these essential liberties. There are four

important justifications for freedom of speech:-

1. For the discovery of truth by open discussion according to it, if

restriction on speech are tolerated, society prevents the ascertainment

and publication of accurate facts and valuable opinion. That is to say, it

assists in the discovery of truth.

2. Free speech as on aspect of self-fulfillment and development freedom

of speech is an integral aspects of each individual’s right to self-

development and self fulfilment. Restriction on what we are allowed

to say and write or to hear and read will hamper our personality and its

growth. It helps an individual to attain self fulfilment.

3. For expressing belief and political attitudes freedom of speech provides

opportunity to express ones belief and show political attitudes. It

ultimately results in the welfare of the society and state. Thus freedom

of speech provides a mechanism by which it would be possible to

establish a reasonable balance between stability and social change.

4. For active participation in democracy-democracy is most important

feature of today’s world. Freedom of speech is there to protect the right

of all citizens to understand political issues so that they can participate

 26

in smooth working of democracy. This is to say, freedom of speech

strengthens the capacity of an individual in participating in decision-

making.

Thus we find that protection of freedom of speech is very much

essential. Protection of freedom of speech is important for the discovery of truth

by open discussion, for self-fulfillment and development, for expressing belief,

political attitudes and for active participation in democracy. Both in American

constitution and Indian constitution, we can recognize that the freedom of

speech is the basic fundamental rights of human being.

Origin of Freedom of Speech

The concept of freedom of speech originated long back. England’s bill

of rights 1689 adopted freedom of speech as a Constitutional right and it is still

in effect. The French revolution in 1789 adopted the declaration of rights of

man and of the citizen. This further affirmed the freedom of speech as an

undeniable right. The declaration of freedom of speech and expression in article

11 states:

“The free communication of ideas and opinion is one of the most

precious of the right of man. Every citizen may, accordingly, speak, write, and

print with freedom, but shall be responsible for such abuse of this freedom as

shall be defined by law.”

 27

The universal declaration of human rights that was adopted in the year

1948 also started that everyone should have the freedom to express their ideas

and opinion. Freedom of speech and expression has now formed a part of the

international and regional human right law.

Freedom of Speech in India

The constitution of India provides freedom speech to every citizen

however with same restriction this mean that the people can freely express their

views about others as well as the government, political system, policies and

bureaucracy. However speech can be restricted on moral grounds, security and

provocation. Under the right to freedom in the Indian constitution, the citizen of

the country have the following rights:

 Freedom to speak and express ideas and opinion freely.

 Freedom to assemble peacefully without any arms and ammunition.

 Freedom to form groups, union and associations

 Freedom to settle in any part of the country

 Freedom to move freely in any part of the country

 Freedom to practice any profession

 Freedom to indulge in any kind of business or trade provided it is not

unlawful.

India is known as the democratic country is true sense. The people here

have a right to information and can give their opinion on anything,

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even the activities of the government. Freedom of speech empowers the media

to share all that is going on in the country as well as around the world. This

makes people more aware and keeps them updated with the latest happening

from around the world.

Freedom of Expression on Women

Religion is one of the several tools in society to control women and

their expression. Women often became specific target for religious groups to

excuse control and reinforce power dynamics. Women often disproportionately

bear the burden of upholding the religious, cultural and moral values of a

particular society. Religious, morality, culture, social property decency are used

interchangeably and in concurrence to justify restrictions of this nature on

women. There are many form in which religiously based intolerance manifests,

including attacks on women for the way they dress, their life choice,

expectations of piety and for voicing their opinions.

The use of religion as a justification to control women is more than a

violation of their freedom of expression; it leads to other human rights

violations, including the right to life and security, freedom of movement,

privacy, non-discrimination, and the right to participate fully as the member of

society, among others. It also constitute a violation of their freedom of religion,

to practice a religion as they wish to express it, or their choice to practice a

different religion, or not at all.

 29

Individual who identify as lesbian, gay, bisexual, transgender and

intersex and groups working on sexual rights are often deemed to be deviants

and are consistently attacked on the basis of religion under international human

rights norms, sexual expression is protecting under right to freedom of

expression, including the right to freely express one’s sexual orientation or

gender identity, as well as the freedom to seek, receive and impart information

on issues related to sexual orientation or gender identity.

Press and media needs freedom of expression completely to withstand

their purity. Freedom of expression of media shows how democratic the country

is and media needs complete freedom of expression. So democracy should be

followed in media.
 Chapter -IV

Media in the hands of democracy

Freedom of expression is an important human right which is essential for

a society to be democratic. It enables the free exchange of ideas, opinions and

information and thus allows members of society to form their own opinions on

issues of public importance. Freedom of expression serves public debate and

supports a free and independent press, informed citizenship and the transparent

functioning of the state.

Media plays a crucial role in shaping a healthy democracy. It is the

backbone of democracy. Media makes us aware of various social, political and

economic activities happening around the world. It is like the mirror, which

shows us or strives to show us the bare truth and harsh reality of life.

The media has undoubtedly evolved and become more active over the

years. It is the media only who remains politicians their unfulfilled promises at

the time of election. TV news channels excessive coverage during elections

helps people, especially illiterate, in electing the right person to the power. This

reminder compels politicians to be up to their promises in order to remain in

power.
 31

Television and radio have made a significant achievement in educating

rural illiterate masses in making them aware of all the events in their language.

Coverage of exploitative malpractices of village heads and moneylenders has

helped in taking stringent actions against them. The media also exposes

loopholes in the democratic system, which ultimately helps government in

filling the vacuums of loopholes and making a system more accountable,

responsive and citizen-friendly. “A democracy without media is like a vehicle

without wheels”.

In the age of information technology we are bombarded with

information. We get the pulse of the world events with just a click of a mouse.

The flow of information has increased manifolds. Media is like a watchdog in a

democracy that keeps government active. From being just an informer it has

become an integral part of our daily lives. With the passage of time it has

become a more matured and a more responsible entity. The present media

revolution has helped people in making an informed decisions and this has led

to beginning of a new era in a democracy.

Media constitute the fourth pillar of democracy. The role of the media is

vital in generating a democratic culture that extends beyond the political system

and becomes engrained in the public consciousness over time. Media is

supplying the political information that voters base their decisions on. They

identify problems in our society and serve as a medium for deliberation.

 32

Media is vital in generating a democratic culture that extends beyond the

political system and becomes engrained in the public consciousness over time.

The role of media in a democracy is as crucial as that of the politicians and

should never be underestimated.

Basis of Democracy

From the beginning, freedom of the press was sought and obtained on

the ground that it was a prerequisite to democracy. Without the medium of the

press, people had no means of judging the performance or credentials of

aspirants to power in a democracy. Even otherwise, people depend on the press

on a daily basis for a variety of needs. It goes without saying that all other

freedoms become irrelevant without freedom of the press because denial of this

freedom means the strangling of democracy. The press, including individual

journalists and media organizations, demand freedom because of the functions

they discharge for the benefit of the society. Both society and the state need

information on a day-to-day basis. Though governments have their own

machinery to gather information, they rely on the media as barometers of public

opinion. The public or the citizens depend on the media for fair and impartial

information regarding the government’s activities. As watchdogs and neutral

observers, the media are in an advantageous position to monitor and disseminate

information relating to government activities. In today’s context, freedom of the

press is only an extension of the citizen’s right to freedom of speech and

expression. It is the press, alone which can thwart the attempts of any

government to deny this right to the citizen. The government takes daily
 33

hundreds of decisions, which affect the citizens directly. It is the press alone

which analyses and interprets the consequences of these decisions for the

citizens. In every country, its population is dependent on the press and other

mass media for information, advice and guidance on a daily basis. Without

freedom, they cannot discharge the functions that the society expects from them.

Today, the press, the electronic media, radio and television wherever they

operate privately, has information-gathering networks spread all over the world.

They are the eyes and ears of the people everywhere. In addition, they exist

solely for the purpose of collecting and disseminating information unlike the

government which has more important responsibilities like administration,

security of the state, education, health, agriculture, economy, etc. The media,

therefore, cannot collect and distribute information unless they enjoy freedom

for themselves as institutions, as do individual journalists employed by them.

The media accept certain restrictions on these freedoms if they impinge on the

freedoms of other individuals, or if they are in the public interests.

Freedom of the press: the right to publish and the right to privacy

The Indian constitution confers no special rights or privileges to the press as

does the first amendment of the United States constitution. However, article

19(a) for the constitution does guarantee freedom of expression for every citizen

which includes:

 The right to lay what sentiments he pleases before the public, or the

right to impart information and ideas:

 34

 The right to receive information and ideas from others through any

lawful medium.

It is this article that gives editors and journalists the right to publish news

or any kind of information, and comment on public affairs, and the public the

right to receive information of which the United Nations charter of human rights

speaks so forcefully. These are fundamental human rights. The freedom of the

press rests on the same fundamental rights, and implies the right to print,

publish, comment and criticize without any interference from the state or any

public authority. It includes the right not to publish or comment as well.

However, the freedom of the press is not absolute, just as the freedom of

expression is not. Public interest has to be safeguarded; so has private interest,

and the right to privacy.

The role of the media in India:

The role of media in a democratic system has been widely debated. India

has the largest democracy in the world and media has a powerful presence in the

country. In recent times Indian media has been subject to a lot of criticism

for the manner in which they have disregarded their obligation to social

responsibility. Dangerous business practices in the field of media have affected

the fabric of Indian democracy. Big industrial conglomerates in the business of

media have threatened the existence of pluralistic viewpoints. Post

liberalization, transnational media organizations have spread their wings in the

Indian market with their own global interests. This has happened at the cost of

an Indian media which was initially thought to be an agent of ushering in social

 35

change through developmental programmes directed at the non-privileged and

marginalized sections of the society. Though media has at times successfully

played the role of a watchdog of the government functionaries and has also

aided in participatory communication, a lot still needs to be done.

Some of the Indian journalists were put to death, because of their truth.

Veteran journalist Shujaat Bukari was killed by unknown assailants in Srinagar

on June 14, 2018, Mr. Bukari’s death follows many other cases of killing a

prominent journalists across the country.

Guari Lankesh, Sandeep Sharma are the few other journalist whose

murder raised a lot of questions. After Sandeep’s death, the UN secretary

general Antonio Guterres expressed concern over the violence against media

persons across the globe, “We, of course, are concerned about anything that

would suggest the harassment or violence against journalists, anywhere in the

world and would do so in this case,” UN secretary general Antonio Guterre’s

deputy spokesman Farhan Haq told reporters.

A reporter by the committee, states that in India, journalists reporting

on local corruption, crime, and politics outside main urban areas are targeted for

murder.
 36

Press: The fourth pillar

At times Media tells half the truth and even lies. The authenticity of the

news is no more guaranteed. Almost every media group has ideological or

political bias and in many cases they are owned by the party heads. Media

serves its prejudice and spread propaganda. They even indulge in doing media

trial. In the name of moral policing every now and then opinion building is

served by them.

In spite of so many pitfalls, the fact remains that Media is the guardian

angel of the liberties that are possessed by every citizen in India. Media has

armed the common man with the weapons of knowledge and awareness and is

rightly the fourth pillar in a democracy.

Laws are formulated and enforced for the safety of people and for the

smooth functioning of the society. Laws also provide a fair ground within which

individuals and society can choose their own values and codes, consistent with a

similar liberty for others. Hence laws both protect the integrity of different sects

of society and also promote their peaceful existence. When there is no law and

order, the country is plunged into an unbearable abyss. But then law attains its

life and delivers its intended social functions through the process of

implementation and enforcements. Enforcement of law is about “law-in reality‟

and not mere “law-in-theory.” The implementation of law is the most difficult

aspect in any country. It is difficult to make public policies and programs that

are really good but it is most difficult to formulate and then to implement them

on ground. More than this, it is agonizingly hard to implement them in a way

 37

that pleases anyone at all, including the supposed public for whom they are

meant. There is no doubt that the implementation of law is a complicated socio-

legal process which involves many institutions and modes. Judiciary and media

are the two most influential and independent institutions. Court is the first and

last place where justice is sought. Media, on the other hand is an indirect agent

that assists police and judiciary in serving justice to suffering people by

bringing violators of law before their notice. Media is the fourth pillar of

democracy and it is not an exaggeration. It is a reflection of society and a

powerful weapon in implementing laws. Although the Indian constitution does

not have a clear-cut act defining the liberty of the press but it is vividly explicit

in the freedom of speech and expression under the Article 19. Media reports

news, provides information and is a critique of issues and problems for the

public. The fundamental function of any kind of media is to make the public

aware and to instil good qualities in them. Newspapers are always busy in

answering the questions of events and happenings and it is for this reason that

Media is easily accessible to all. It keeps people well informed on every aspect

with its candid and honest reporting.

The role of Media in raising awareness on human rights, civil and

political rights can never be underestimated. It helps to muster people to

recognize and protect human rights and helps in bringing the violators to justice.

It’s reporting of cases of human rights violations and other criminal cases and

punishments helps in bringing down the incidences of abuse and violation. By

exposing every crime, Media has far reaching effects as it puts pressure on
 38

authorities to implement laws properly so that justice can be provided. Thus

Media is an implementer of law and acts as a watchdog on anything susceptible.

It creates pressure on agencies to implement laws properly. Thus Media is a

diagnostic and analytical tool for discussing the different problems and their

improper implementation, if any. The Governments and institutions adopt

policies to raise the standard of actual implementation of polices and improve

the functioning of the various law implementing agencies.

Media gives vent to the hidden struggles of people for justice and

infuses a new hope in the people who have become frustrated with the system.

Media also highlights the effect of delays and overdue punishments. Media has

the prowess to instigate the people or when the system is hijacked by

unscrupulous people. Media is an agent of change and is always fluid. It is

because of media foregrounding the role of getting young adults in rape cases

that the juvenile laws are reviewed and the age is now reduced to 16 from 18.

The undue interference by Khaps also had a scathing attack by Media.

Preference of boys to girls and female foeticide were duly highlighted by the

Media and we have very promising and positive results of such reporting. Media

has occupied a place of immense importance in present society. Media is the

source of perennial light of knowledge in the modern era and one just can’t

think to live without it. It is now a common fact that media is a beneficial

agency in supporting or opposing any issue because it commands public

opinion. As government is answerable to public, it can’t ignore the irregularities

brought to light by media. Hence as soon as media raises any issue, government
 39

tries to find its solution according to law. This is the power of free media in a

democratic state. It brings transparency in the whole system and its organs.

Today people are more aware and reach the court on slightest

infringement with their rights. Media opens the tools of discussion through

opinion polls and debates to inspire the authorities for taking appropriate action.

Thus Media also holds the government and officials accountable before general

public. It shares the information and awakens the common masses to put a

check on the violation of laws. It is more than mere reporting rather it has a

moral tint in it. It keeps a vigil on administration and checks corruption and

useless administration. The fight against corruption has been largely fuelled by

the media. The scam cases like Coal Scam, Yampa, all were brought to public

notice by Media and it put the politicians and bureaucracy under scrutiny. It is

not only that media highlights the weaknesses of improper implementation and

resulting crimes but it also informs people for respecting and abiding by the

laws of state. If virtues like honesty and morality still thrive, media has a role to

play in it. Media is the most vigilant organ in a country that aspires to have a

rule of law so that a stable and smooth society can be envisioned. It is through

the operation and functioning of law in society that justice, fairness and human

rights protection are achieved or abused. Laws in theory serve no purpose if

their implementation is lopsided or bad. Media instils life and breath in the laws.

Media is the guardian angel of the liberties that are possessed by every citizen.

Media has armed the common man with the weapons of knowledge and

awareness and is rightly the fourth pillar in a democracy. As long as Media is

 40

there, there is a hope that any effort to demean and tarnish the image of

democracy will get defeated.

So, by this we can understand how media democracy is important.

 CHAPTER-V

CONCLUSION

Expressing one’s self is a basic right, but it has been restricted in some

way or the other way like hierarchy, power struggle etc. Media is the only

source which stand at the center and gives voice for suppressed people to lead

their life peacefully. So, media should be democratic and journalists should be

offered with freedom to express their opinion. Without freedom of expression

one cannot be oneself and they cannot live their life as they want. If media is

going to lose its purity, then surely the country is going to face its end point. So

media should be a democratic source. As it is known, media is one of the pillar

of democracy which stands and guides people in many ways. It is the one which

flashes the light on the darkness and shows people the dark side of the society.

So that they can know what is right and what is wrong. So, the freedom which

media is having should be protected and it should continue. Media is the only

source which entertains and guides people. So people with help of

technological development should protect media.

Promoting the safety of journalists, combatting impunity for those who

attack them and supporting freedom of press are central elements of UNESCO.

On average, every five days a journalist is killed for bringing information to the

public. Attacks on media professionals are often perpetrated in non-conflict

situations by organized crime groups, militia, and security personal, and even

local police, making local journalists among the most vulnerable. These attacks
 42

include murder, abduction, harassment, intimidation, illegal arrest, and arbitrary

detention. So safety of journalists are very important.

Now -a -days journalists are not allowed to express their feeling freely.

This is the present scenario of the world. This should be changed and journalists

should give a proper security, so that they can freely express their views. Fake

news is increasing day-by-day, so it should be avoided to build a democratic

society.

Freedom of expression is not only important for a journalists it is also

important for a common person to live freely. Everybody have the right to

express his/her feeling, so only Indian constitution gave the way for an

individual to express his/her feeling freely in Article 19. People can file the

case, if someone suppress them or suppress their feeling. No one is perfect in

this world and so is media. Media should not be blamed completely, rather there

is still a lot of scope for improvement by which media can raise up to the

aspiration of the people for which it is meant. People cannot think of a

democracy without active and neutral media. Media is like a watchdog in a

democracy that keeps government active.

From being just an informer it has become an integral part of people’s daily

lives. With the passage of time it has become a more matured and a more

responsibility entity. The present media revolution has helped people in making

an information decisions and this has led to beginning of an era in a democracy.

 43

World democracy is possible only, when the media has freedom of

expression. So freedom of expression is important for media as well as for

common people.
 BIBLIOGRAPHY

Ahuja B.N, Theory and Practices of Journalism

Barun Roy, Beginners Guide to Journalism and Mass communication

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