The media serves as the fourth pillar of Indian democracy, playing a crucial role in ensuring transparency, accountability, and unbiased reporting, while facing challenges like censorship, bias, and misinformation.
Introduction
Democracy, often hailed as the cornerstone of modern governance, is fundamentally rooted in the principles of equality, freedom, and representation. It ensures that the power to govern resides with the people, offering a system where citizens actively participate in decision-making processes through elected representatives. In this vibrant democratic framework, media serves as the fourth pillar, complementing the executive, legislature, and judiciary. Media plays a pivotal role in nurturing democratic values, acting as a bridge between the government and the populace, and fostering transparency and accountability.
The evolution of media in India, from its inception during the British era to the present digital age, underscores its profound influence on society and governance. Initially a tool for mobilizing masses during the freedom struggle, media has transformed into an indispensable part of daily life, catering to information, education, and entertainment needs. It has been instrumental in shaping opinions, advocating for social change, and ensuring that democracy thrives through informed citizenry and robust debate.
Despite its achievements, media in India has faced significant challenges, including censorship, restrictions, and intimidation. Article 19 of the Indian Constitution[1] guarantees the right to freedom of speech and expression, providing a constitutional safeguard for journalistic endeavours. However, the contemporary media landscape demands an unwavering commitment to accuracy, impartiality, and ethical reporting to counter the growing challenges of misinformation and bias.
What is Democracy?
In simple terms, democracy is a system of governance where the power lies with the people. It is often defined as "a government of the people, by the people, and for the people." This popular political notion emphasizes the importance of fair and free elections, adherence to the rule of law, protection of human rights, and the supremacy of the constitution.
Democracy thrives on certain core principles, including:
- People’s Sovereignty: The ultimate authority rests with the people.
- Rule of Law: All individuals and institutions are subject to the law.
- Social and Political Equality: Equal rights and opportunities for all citizens.
- Periodic Elections: Regularly held, free, and fair elections ensure accountability.
- Fundamental Rights and Civil Liberties: Guaranteed freedoms form the backbone of democratic systems.
- Independent Judiciary and Free Media: Essential for maintaining checks and balances.
The media plays an essential role in a democracy. It acts as a watchdog, ensuring that elected representatives fulfil their responsibilities and serve the public. By providing accurate information, the media empowers citizens to make informed decisions, participate in governance, and hold authorities accountable.
During India’s freedom struggle, print media awakened national consciousness. Post-independence, it has continued to evolve, shaping political, social, economic, and cultural narratives. In the digital age, media now includes platforms like television and the internet, revolutionizing news broadcasting and enabling greater interaction between citizens and governance.
This evolution also brings challenges like censorship, threats, and misinformation, emphasizing the need for journalistic integrity and truth. A democracy thrives when media upholds truth, justice, and equality, strengthening democratic values and encouraging active citizen participation for societal progress.
Constitutional Status of Media in India
The framers of the Indian Constitution faced a significant question while drafting the fundamental rights: whether to include a distinct provision for the freedom of the press, as in the United States Constitution, or to subsume it under the broader right to freedom of speech and expression, as in the Constitution of England. Dr. B.R. Ambedkar, Chairman of the Drafting Committee, eloquently argued that the press is merely another form of a citizen expressing their opinion. He stated, “The press is simply another way of describing a citizen or an individual. The media has no superior privileges which are not to be given or which are not to be exercised by the voter in his separate capacity. The executive of press or the editor are all citizens and therefore when they select to write in a newspaper, they are just exercising their right of freedom of speech and expression, and in my decision, then no special mention is necessary of the freedom of press at all.”[2]
As a result, the freedom of the press in India was incorporated into the broader framework of Article 19(1)(a)[3], which guarantees the right to freedom of speech and expression. This provision underscores that a free press is indispensable to democracy, especially in a vast and diverse country like India. While no specific article explicitly enshrines press freedom, the judiciary has played a pivotal role in safeguarding and interpreting this right.
Role of Indian Judiciary in Protecting and Restricting the Freedom of Press/Media
The judiciary in India has acted as a guardian and interpreter of press freedom, ensuring its protection while recognizing the necessity of reasonable restrictions to maintain societal balance.
The Indian judiciary has consistently upheld the freedom of the press, recognizing it as essential to democratic governance. In the landmark case of Romesh Thapar v. State of Madras[4], the Supreme Court ruled that the right to circulation is as significant as the right to publication, emphasizing that any restrictions on circulation infringe upon Article 19(1)(a)[5]. Similarly, in Sakal Newspapers v. Union of India[6], the Court struck down the Newspaper (Price and Pages) Act, 1956, which aimed to regulate advertisement space and pages, as it directly impacted circulation and violated press freedom. Another significant judgment in Bennett Coleman & Co. v. Union of India[7] saw the judiciary invalidating government-imposed restrictions on newsprint quotas, highlighting that resource control should not curtail press freedom.
While safeguarding press independence, the judiciary has also acknowledged the need for restrictions to preserve public order and justice. In State of Bihar v. Shailabala Devi[8], the Court held that speech inciting violence or jeopardizing state security cannot be protected under Article 19(1)(a)[9]. The judgment in Dr. D.C. Saxena v. Chief Justice of India[10] reaffirmed the principle that while free speech is vital for democracy, it must be exercised with responsibility to avoid societal harm.
Role of Media in Indian Democracy
The media is often considered the backbone of democracy and plays a significant role in shaping and strengthening Indian democracy. Its multifaceted contributions can be outlined as follows:
1. Watchdog of Governance
The media acts as a vigilant watchdog of the government, reporting its actions and decisions to the public. By providing timely information about administrative activities, it ensures transparency and accountability in governance. This enables citizens to stay informed about day-to-day developments and empowers them to hold leaders accountable.
2. Fourth Pillar of Democracy
Acknowledged as the fourth pillar of democracy, the media mirrors society by covering diverse activities, including politics, sports, economics, and culture. It reflects the truth, often uncovering harsh realities, thus fostering an informed and participatory democracy.
3. Exposing Loopholes
The media plays a crucial role in identifying and exposing loopholes in the democratic system. By highlighting systemic flaws, it assists the government in addressing these gaps and creating a more accountable and responsive system. A democracy without an active media would be akin to a vehicle without wheels.
4. Bridge Between People and Government
The media serves as a bridge between citizens and the government. Its ability to shape public opinion makes it a powerful tool in democratic discourse. Through various mediums like newspapers, television, and online platforms, the media influences perceptions and evokes emotions, gaining the trust of the public.
5. Addressing Social Issues
Media brings attention to social issues that were previously considered private, such as domestic violence, child care, and sexual harassment. This focus has helped shape a more inclusive and aware society by addressing topics of public concern.
6. Freedom of Expression
The media’s exercise of freedom of expression enables the communication of thoughts, views, and ideas, fostering societal cohesion. For the healthy growth of civilization, the free flow of information and ideas is indispensable.
7. Promoting Human Rights and Public Opinion
Modern interpersonal communication methods like seminars, dramas, and workshops facilitated by the media are effective in addressing gatherings and advocating human rights. These platforms also help in building and shaping public opinion.
8. Instrument of Social Change
Media has become a transformative force in society by addressing topics ranging from entertainment to critical social issues. The rise of social media platforms like Facebook and Twitter, combined with traditional media, has empowered citizens to combat corruption, promote transparency, and foster greater accountability in governance.
9. Creating Public Opinion
In a democracy, the media plays a pivotal role in creating and shaping public opinion. Over time, it has acquired the status of the “fourth estate” as described by British politician Edmund Burke. Its indispensability was emphasized by U.S. President Thomas Jefferson, who preferred newspapers over government, highlighting its importance in democratic functioning.
10. Educating and Enlightening Citizens
The media educates citizens by advocating issues, spreading knowledge, and transferring skills. From rural development programs to family planning initiatives, it reaches vast audiences to propagate critical messages. Farmers, for instance, benefit from awareness of modern agricultural techniques, while students gain from educational programs broadcasted on various platforms.
11. Fighting Social Evils
Through educational and awareness campaigns, the media has played a vital role in eradicating social evils such as child marriage, female infanticide, and child labor. It also encourages scientific temper among students and fosters a spirit of innovation and progress.
12. Combatting Corruption
By exposing corrupt practices and hidden deals, the media has put checks on corruption in society. Traditional and digital media have become powerful tools in the fight against corruption, contributing to greater transparency and accountability in public life.
13. Information Dissemination
The media informs citizens about political issues, policies, and events, enabling them to make informed decisions. By providing a platform for debate and discussion, it encourages democratic participation and represents diverse perspectives to ensure inclusivity in democratic discourse.
Challenges of Media in Indian Democracy
1. Media Bias
Media bias can distort the information presented to the public, leading to a lack of objectivity and an imbalance in available information. This often results in polarized public opinion and diminished trust in the media. In India, mainstream media frequently adopts either strongly pro-government or anti-government stances, often ignoring issues related to common citizens, thereby failing to balance their narratives.
2. Fake News
The rise of social media has amplified the spread of fake news, causing confusion and misinformation among the public. This undermines media credibility and erodes trust in its content. For example, incidents like mob lynchings in India, driven by false information about illegal cow transportation, highlight the dangerous consequences of misinformation.
3. Corporate Influence
Media ownership by large corporations can heavily influence editorial policies and reporting. This often results in a lack of diversity in perspectives and a prioritization of profit over public interest, limiting the media’s role as a neutral information provider.
4. Government Censorship
Censorship imposed by governments to control the flow of information and suppress dissent undermines transparency and accountability. This limitation hampers the media’s ability to act as an effective watchdog of democratic processes.
5. Issue of Legitimacy
A diverse and representative newsroom is crucial for producing well-researched and multi-faceted stories. The issue of legitimacy arises when media outlets fail to provide accurate, unbiased, or truthful information due to political biases, commercial interests, sensationalism, or a lack of journalistic standards.
6. Gender Diversity
The lack of gender diversity in media ownership and workforce restricts the inclusion of varied perspectives. This perpetuates gender stereotypes and reinforces patriarchal norms, limiting the media’s ability to address gender-sensitive issues comprehensively.
7. Media Trial
Media trials often result in individuals being judged guilty in the court of public opinion before due judicial process. For instance, in the 2008 Aarushi Talwar-Hemraj double murder case[11], extensive media coverage significantly influenced public perception and judicial proceedings. Media trials undermine the presumption of innocence, contravening the Madrid Principles on the Relationship Between the Media and Judicial Independence, which emphasize respecting due process while reporting.
Conclusion
The press in India holds a vital place in democracy, enjoying freedom under Article 19(1)(a)[12] of the Constitution. However, this freedom comes with responsibilities and reasonable restrictions[13] to prevent its misuse. The judiciary has played a key role in protecting press freedom, ensuring it remains independent while promoting accountability. This careful balance strengthens democracy by allowing the press to act as a responsible force rather than a disruptive one.
Today, the media influences nearly every part of public life, making it an essential pillar of Indian democracy. By raising awareness, shaping opinions, and encouraging transparency, it supports the foundation of democracy. The media helps people stay informed, hold the government accountable, and actively participate in building the nation. Its ability to foster dialogue and bring about social change is unmatched, making it a powerful tool for a thriving democracy.
[1] The Indian Constitution, art. 19.
[2] Constituent Assembly Debates, Vol. VII p 780 (2nd December 1948).
[3] The Indian Constitution, art. 19(1)(a).
[4] AIR 1950 SC 124.
[5] Supra at 3.
[6] AIR 1962 SC 305.
[7] AIR 1973 SC 106.
[8] AIR 1952 SC 329.
[9] Supra at 3.
[10] (1996) 5 SCC 216.
[11] Dr. Mrs. Nupur Talwar v. State of UP & Anr., 2012 (11) SCC 465.
[12] Supra at 3.
[13] The Indian Constitution, art. 19(2).
