[Prafulla Kaman]
The news media organisations celebrate World Press Freedom Day on 3 May every year to evaluate the fundamental principles of press freedom around the world. It is also celebrated to defend the news media from bureaucratic attacks on their independence, and to pay tributes to journalists who have lost their lives in the exercise of their profession.
The working journalists today are realising that freedom of media is extremely important for their efficient functioning; therefore they feel the necessity of celebrating the day to uphold the right to freedom of expression enshrined in the Constitution of India.
The World Press Freedom Day was proclaimed by the UN General Assembly in 1993, following a recommendation adopted in the 26th session of the UNESCO’s General Conference in 1991. The theme for the Press Freedom Day this year is ‘A press for the planet: Journalism in the face of the environmental crisis’, focusing on the problems facing the environment, and solutions thereto. The theme of the Press Freedom Day changes every year to adapt to the prevailing situation in the world.
The celebration of the day also serves as a reminder to the government machinery to respect its commitment (legislation) to press freedom, and to promote introspection among media professionals regarding the issues of press freedom and professional ethics.
The media fraternity remembers those journalists who lost their lives in the pursuit of a story for the sake of their noble duty and responsibility.
The celebration of the Press Freedom Day is an occasion to inform common citizens about violations of press freedom – a reminder that in dozens of countries around the world, publications are censored, fined, suspended and closed down, while many journalists, including editors and publishers,are harassed, detained, attacked, and even murdered.
The media are collectively a powerful institution which acts as a very effective instrument of communication. It is independent and out of direct government control, and also has the capacity to criticise the government’s policies and activities. Thus, freedom of press (or media freedom) is immunity of the communications media – newspapers, magazines, periodicals, radio, television and internet – from government control or censorship.
Media freedom is a guarantee given by the government to the media or the press for its citizens. In many countries, there are constitutional or statutory protections pertaining to media freedom. Although generally regarded as a constituent of democracy, media freedom does not have the same meaning everywhere in the world.
In developed countries, media freedom implies that all people should have the right to express themselves in writing or any other way of expression.
The Universal Declaration of Human Rights states:”Everyone has the right to freedom of expression, including freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, regardless of frontiers.”
Regrettably, media agencies have been increasingly challenged as an institution, frequently abusing its power, invading people’s privacy, and undermining personal liberty.
It is evident that, in most cases, there is a conflict among public interest, free media, and some other competing interests. In such cases, the court has to strike a balance among the parties concerned.
To resolve disputes of countervailing interests, the courts justify curtailing media freedom, thereby restraining these from assuming a serious dimension. Media freedom, therefore, cannot mean an ‘uncontrolled license’ or immunity to every possible use of language.
In India, the court’s role in balancing competing public interests is reserved in the Constitution itself by the expression ‘reasonable restriction’, defined in Clauses (2)-(6) of Article 19 (Right to Freedom) of the Constitution.
