DOES ARTICLE 19 INCLUDE FREEDOM OF PRESS? IS IT AN ABSOLUTE RIGHT?

Article 19(1)(a) of the Constitution of India secures to every citizen the ‘Right to Freedom of Speech and Expression’. The freedom of speech and expression means the right to express one’s convictions and opinions freely by word of mouth, writing, printing, pictures or any other mode. The power or right to express one’s opinions without censorship, restraint, or legal penalty is known as freedom of speech. Unhindered flow of words in an open forum is the essence of free society and needs to be safeguarded at all times. This freedom includes a person’s right to propagate or publish the views of other people. Freedom of speech and expression not only allows people to communicate their feelings, ideas, and opinions to others, rather it serves a broader purpose as well. These purposes can be classified into :

(1) It helps an individual to attain self-fulfillment

(2) It assists in the discovery of truth

(3) It strengthens the capacity of an individual to participate in the decision making process.

(4) It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change.

Freedom of speech and expression of the press lay the foundation of all democratic organisations, for without free political discussion no public education, so essential for the proper functioning of the popular government is possible. A democratic government attaches great importance to this freedom because without the freedom of speech appeal to reason, which is the basis of democracy, cannot be made.

In the recent case of Kanhaiya Kumar v. State of NCT of Delhi, student of Jawaharlal Nehru University organised an event on the parliament attack convict Afzal guru, it was a protest against the judicial killing of Afzal guru. Kanhaiya Kumar was arrested after allegations of anti National sloganeering were made against him. However, he was released on bail as a police investigation was still at a nascent stage, and his role was not clear.

Freedom of Press

In Indian Express Newspapers v. Union of India,1985 the court observed that: 

‘The expression freedom of the press has not been used in Article 19 but it is comprehended within article 19 (1)(a) . The expression means freedom from interference from authority which would have the effect of interference with the content and circulation of newspapers. There cannot be any interference with that freedom in the name of public interest. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate cannot make responsible judgments. Freedom of the press is the heart of social and political intercourse. It is the primary duty of the courts to uphold the freedom of the press and invalidate all laws for administrative actions which interfere with it contrary to the constitutional mandate.’

Although free press is the heart and soul of political intercourse and is a public educator, this freedom is not absolute and cannot be used by the media to cause injury to an individual’s precious reputation.

The court observed that the press has to observe ‘ reasonable restrictions’ and its purpose is to publish facts and opinions that are within the interest of the general public. In democracy freedom of press is highly essential as it acts as a watchdog on the three organs of democracy viz. the legislature, executive and the judiciary. But freedom of press is not absolute in nature. It is subject to certain restrictions which are mentioned in Article 19(2) of the Constitution. Thus, in my opinion Article 19(1)(a) must expressly include the freedom of the press and other media, the freedom to hold opinion and seek, receive and impart information and ideas.

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