MASS MEDIA

Supreme Court

On Limits to Freedom of the Press

KULDIP SINGH AND FAIZAN UDDIN, JJ.

 Contempt of Court Constitution Article 19(1)(a) News items published by the Sunday Tribune and Punjab Kesari alleging that two sons of a senior judge of the Supreme Court and two sons of the Chief Justice of India were also favored with the allotments of petrol outlets form the discretionary quota of Ministry Later found to be false Court while finding publisher, editor, and writer guilty, accepting their unqualified apology. Held.

The Editor of a Newspaper or a journal has a greater responsibility to guard against untruthful news and publications for the simple reason that his utterances have a far greater circulation and impact then the utterances of an individual and by reason of their appearing in print, they are likely to be believed by the ignorant.

It is the duty of a true and responsible journalist to strive to inform the people with accurate and impartial presentation of news and their views after dispassionate evaluation of the facts and information received by them and to be published as a news item. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression.

Freedom of press is not absolute, unlimited and unfettered at all times and in all circumstances as giving an unrestricted freedom of the speech and expression would amount to an uncontrolled license. If it were wholly free even from reasonable restraints it would lead to disorder and anarchy. The freedom is not to be misunderstood as to be a press free to disregard its duty to be responsible. In fact, the element of responsibility must be present in the conscience of the journalists. In an organized society, the rights of the press have to be recognized with its duties and responsibilities towards the society. Public order, decency, morality and such other things must be safeguarded. The protective cover of press freedom must not be thrown open for wrong doings. If a newspaper publishes what is improper, mischievously false or illegal and abuses its liberty it must be punished by Court of Law. The Editor of a Newspaper or a journal has a greater responsibility to guard against untruthful news and publications for the simple reason that his utterances have a far greater circulation and impact then the utterances of an individual and by reason of their appearing in print, they are likely to be believed by the ignorant. That being so, certain restrictions are essential even for preservation of the freedom of the press itself. To quote from the report of Mons Lopez to the Economic and Social Council of the United Nations "If it is true that human progress is impossible without freedom, then it is no less true that ordinary human progress is impossible without a measure of regulation and discipline". It is the duty of a true and responsible journalist to strive to inform the people with accurate and impartial presentation of news.     

BSP: Amulya Ganguli and their views after dispassionate evaluation of the facts and information received by them and to be published as a news item. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression.

On Kanshi Ram as Leader of the Hit Squad

In the heat and dust raised by Kanshi Ram's decision to take matters into his own hands, vis-a-vis journalists, an important aspect of what can well be described as an epoch-making event is in danger of being overlooked what happened on the fateful Friday afternoon in front of the BSP supremo's New Delhi residence marked a kind of a watershed in Indian politics. It introduced an element of honesty and forthrightness in public life that was hitherto sadly missing. From this standpoint, October 25, 1996, may well prove to be as crucial a day in the history of post- independence India as December 6, 1992.

Both events obliterated a line which used to be considered earlier as inviolable. On December 6, the line. that was crossed was the one dividing religion and politics (but) the sanctity of another line that between leaders and followers (the latters were subsequently described as "criminals" by the Supreme Court) had been scrupulously maintained.

The leaders sat on the dais while the followers did their own thing. The advantage of this routine is that the leaders can always disown their responsibility if the behavior of the followers later creates a controversy. the standard practice in Indian politics. In any act of either assault or trespass or booth-capture, it is the followers who always takes the risk.

October 25 has changed all that. To his credit, Kanshi Ram led the attack himself when the captain leads the charge, the followers have to follow and, in one swift movement the entire political course of the country may have been given a new direction.

In may well be that, from now on, when a leader asked a follower to beat up, or even berate, a rival, the follower will demur, citing Kanshi Ram's brave example of taking to the streets himself and that, too, in full view of the television cameras. About the Ayodhya demolition, for instance, it is now customary for the leaders not only to express regret for what their followers had done, but even claim that they did not know who did it! Such subterfuge will no longer be possible.

The full impact of such a development cannot be judged immediately. But certain conclusions can be drawn. For a start, such openness in word (maro salon ko) and deed will show the leader in his true light, bring the leader in closer contact with his followers, making the party more democratic and perhaps even encouraging a burly follower to knock down the leader and on the mantle himself.

(Source: The Indian Express, 29 October, 1996)