‘Freedom of the press needs to be included as a specific fundamental right’
Morung Express News
Dimapur | June 22
The Constitution of India as based on democratic principles guarantees certain rights to its citizens and also imposes limitations. Freedom vis-à-vis restriction with special emphasis of ‘Freedom of Press’ in India formed the basis of a lecture delivered by activist and educator Dr. Aküm Longchari, who is also the Publisher of The Morung Express, at a lecture for under graduate students of Eastern Christian College, Dimapur on June 22.
A first such lecture organised by the Department of Political Science of the college, the topic was ‘Freedom of Press and its restrictions - Article 19(2)’.
Head of Department, Political Science, Impangsangla Jamir said in her keynote address that Article 19(1) of the Constitution guarantees Freedom of Speech and Expression. However, she noted that there is no specific provision in the Constitution guaranteeing Freedom of Press.
“It is evident that Freedom of (Speech and) expression doesn’t guarantee complete freedom to the press or an individual or a group,” she said.
Dr. Longchari elaborated further on this aspect. According to him, the Press in India “for all practical and functional purposes enjoy all the rights, responsibilities and reasonable restrictions” as guaranteed under Freedom of Speech and Expressions. The limitations as stated in Article 19(2) pertains to “reasonable restrictions” in matters of security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to an offence, and sovereignty and integrity of India.
Citing several rulings pronounced by the Supreme Court (SC), he though said that the top court of the country “has emphasized in several cases the importance of maintaining freedom of press in a democratic society.” He added that the SC has time and again acknowledged the “significant role” of the Press in the democratic machinery.
Considering the Press’ broad scope, functions and implications in a democratic set up, he held that it only calls for introducing clear cut legislation on press freedom. “The Freedom of the press needs to be included as a specific fundamental right under Article 19 of the Constitution of India and its parameters needs to be clearly demarcated.
Press freedom, he said implies more than just serving as a conduit for relaying information. “While carrying out its functions the press needs to create a harmonious balance between citizen’s right to privacy and the public’s right to information. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression.”
“To empower the press to effectively assume its role as the fourth pillar of democracy there is a need for a new imagination and a clear political will to work towards creating a historical opportunity in the midst of an interplay of contradictions where the press is constantly in a tango between rights and restrictions.”