AN ANALYSIS OF MEDIA AS THE FOURTH PILLAR OF

DEMOCRACY

A Project submitted in partial fulfilment of the course

TELECOMMUNICATIONS, PRESS AND MEDIA LAW in 9th
SEMESTER during the Academic Year 2020-2021

SUBMITTED BY:
Shreya Sinha
Roll No. - 1648
B.B.A LL.B

SUBMITTED TO:
Ms. Sadaf Fahim
FACULTY OF “TELECOMMUNICATIONS, PRESS AND MEDIA
LAW”

OCTOBER, 2020

CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,

MEETHAPUR, PATNA-800001
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.B.A. LL.B (Hons.) Project Report entitled
“AN ANALYSIS OF MEDIA AS THE FOURTH PILLAR OF DEMOCRACY” submitted
at Chanakya National Law University; Patna is an authentic record of my work carried out
under the supervision of Ms. Sadaf Fahim. I have not submitted this work elsewhere for any
other degree or diploma. I am fully responsible for the contents of my Project Report.

(Signature of the Candidate)

SHREYA SINHA
Chanakya National Law University, Patna

i
 ACKNOWLEDGEMENT

“IF YOU WANT TO WALK FAST GO ALONE

IF YOU WANT TO WALK FAR GO TOGETHER”
A project is a joint endeavour which is to be accomplished with utmost compassion, diligence
and with support of all. Gratitude is a noble response of one‟s soul to kindness or help
generously rendered by another and its acknowledgement is the duty and joyance. I am
overwhelmed in all humbleness and gratefulness to acknowledge from the bottom of my
heart to all those who have helped me to put these ideas, well above the level of simplicity
and into something concrete effectively and moreover on time.
This project would not have been completed without combined effort of my revered
Telecommunications, Press and Media Law teacher Ms. Sadaf Fahim whose support and
guidance was the driving force to successfully complete this project. I express my heartfelt
gratitude to him. Thanks are also due to my parents, family, siblings, my dear friends and all
those who helped me in this project in any way. Last but not the least; I would like to express
my sincere gratitude to our Telecommunications, Press and Media Law teacher for providing
us with such a golden opportunity to showcase our talents. Also this project was instrumental
in making me know more about the An Analysis of Media as the Fourth Pillar of Democracy.
This project played an important role in making me understand more about An Analysis of
Media as the Fourth Pillar of Democracy in the Telecommunications, Press and Media Law.
It was truly an endeavour which enabled me to embark on a journey which redefined my
intelligentsia, induced my mind to discover the intricacies involved in the competency of the
people in An Analysis of Media as the Fourth Pillar of Democracy.
Moreover, thanks to all those who helped me in any way be it words, presence,
Encouragement or blessings...

- Shreya Sinha
- 9th Semester
- B.BA LL.B

ii
 TABLE OF CONTENTS

DECLARATION BY THE CANDIDATE ................................................................................ i

ACKNOWLEDGEMENT .........................................................................................................ii

TABLE OF CONTENTS ......................................................................................................... iii

AIMS AND OBJECTIVES ...................................................................................................... iv

RESEARCH QUESTIONS ...................................................................................................... iv

HYPOTHESIS .......................................................................................................................... iv

RESEARCH METHODOLOGY.............................................................................................. iv

SOURCES OF DATA .............................................................................................................. iv

INTRODUCTION ..................................................................................................................... 1

CONSTITUTIONAL PROVISIONS RELATED TO FREEDOM OF MEDIA ...................... 3

LEGISLATIONS FOR MEDIA ................................................................................................ 5

PAID NEWS DISCREDITING THE FOURTH PILLAR ...................................................... 12

CASE LAWS ........................................................................................................................... 14

CONCLUSION ........................................................................................................................ 16

BIBLIOGRAPHY .................................................................................................................... 17

iii
 AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. To study the role of media in a Democratic country like India.
2. To study about the legislations for Media.
3. To study about the constitutional provisions and cases related to freedom of Media.

RESEARCH QUESTIONS

1. What is the role of media in a democratic country like India?

2. What are the legislations related to media?
3. What are the constitutional provisions and landmark case laws related to freedom of
media?

HYPOTHESIS

Media being instrumental in articulation of public opinion definitely impacts a democratic

society like India thereby effecting a social change.

RESEARCH METHODOLOGY

For this study, doctrinal research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

SOURCES OF DATA

I. Primary Source – Constitution of India and other Statutes related to Press and
Media Law.
II. Secondary Source – Books, Weblogs, Online Articles

iv
 INTRODUCTION

Justice Hidayatullah said, “Freedom of speech and expression is that cherished right on which
our democracy rests and is mean for the expression of free opinions 1.” Freedom of press and
media directly flows for Article 19 (I) (a) of the Constitution of India as it is implicit in
freedom of speech and expression. Press and media is a medium of social, public and
political intercourse. It is a platform for expression of opinion, a means of communication of
facts and circumstances of public affairs. As the fourth pillar of State, it is an educator of the
people. The Constitution of India does not expressly mention in Article 19 about freedom of
the press but it has been held to flow from the general freedom of speech and expression
guaranteed to all citizens. As constructed by the judiciary, this freedom now includes not
merely the freedom to write and publish, what the writer considers proper, but also the
freedom to carry on the business, so that information may be disseminated and excessive and
prohibitive burden restricting circulation may be avoided2.
Thus, freedom of the press includes:
a. Freedom of access to all sources of information (one‟s own views borrowed from
someone else or printed under the direction of person)3
b. Freedom of publication
c. Freedom of circulation4.
Explaining the freedom of the press in Indian Express Newspapers (P) Ltd. V. Union of
India5, the Supreme Court observed that freedom of the press has not been used in Article 19
but it is comprehended within Article 19 (I)(a). The expression means freedom from
interference from the authority which would have the effect of interference with the content
and circulation of a newspaper. There cannot be any interference in the name of public
interest The purpose of the press is to advance the public interest by publishing facts and
opinion without which a democratic electorate cannot make responsible judgments.
In Sakal Papers (P) Ltd. v. Union of India6, Daily Newspapers (Price and Pages) Order, 1960,
which fixed the number of pages and size, which could be published by a newspaper at a
price, was challenged. The State defended the law as a reasonable restriction on the business

1
Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 88I : (1965) I SCR 65.
2
Virendra v. State of Punjab, AIR 1957 SC 896.
3
M.S.M Sharma v. Sri Krishna Sinha, AIR 1959 SC 395.
4
Romesh Thappar v. State of Madras, AIR 1950 SC 124.
5
(1985) I SCC 641: AIR 1986 SC 515.
6
AIR 1962 SC 305

1|Page
activity of a newspaper, in the interest of the general public. The Hon‟ble Court struck down
the Order and held that the right to freedom of speech cannot be taken away, with the object
of placing restrictions of the business activities of a citizen.
Again in Bennett Coleman v. Union of India7, Reiterating its view the Supreme Court further
explained that freedom of speech and expression is not only in the volume of circulation but
also in the volume of news and views. The press has a right to free propagation and
circulation without any previous restraint. If a law was to single out the press for laying down
prohibitive burden on it that would restrict the circulation, penalize the freedom of choice as
to be personnel, prevent newspaper from being started and compel the press to sick
government aid, this would violate Article 19(I)(a) and would fall outside the protection.

7
AIR 1973 SC 106

2|Page
 CONSTITUTIONAL PROVISIONS RELATED TO FREEDOM OF
MEDIA

In India before Independence, there was no constitutional or statutory guarantee of freedom

of an individual or media/press. At most, some common law freedom could be claimed by the
press, as observed by the Privy Council in Channing Arnold v. King Emperor8
“The freedom of the journalist is an ordinary part of the freedom of the subject and to
whatever length, the subject in general may go, so also may the journalist, but apart from
statute law his privilege is no other and no higher. The range of his assertions, his criticisms
or his comments is as wide as, and no wider than that of any other subject.”
With object and views, the Preamble of the Indian Constitution ensures to all citizens inter
alia, liberty of thought, expression, belief, faith and worship. The constitutional significance
of the freedom of speech consists in the Preamble of Constitution and is transformed as
fundamental and human right in Article 19(1)(a) as “freedom of speech and expression.
For achieving the main objects, freedom of the press has been included as part of freedom of
speech and expression which is a universally recognized right adopted by the General
Assembly of the United Nations Organization on 10th December, 1948.9 The heart of the
declaration contained in Article 19 says as follows:
“Everyone has the right to freedom of opinion and expression, this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.”
The same view of freedom of holding opinions without interference has been taken by the
Supreme Court in Union of India v. Assn. for Democratic Reforms10 in which the Court has
observed as follows:
“One-sided information, disinformation, misinformation and non-information, all equally
create an uninformed citizenry which makes democracy a farce. … Freedom of speech and
expression includes right to impart and receive information which includes freedom to hold
opinions.”
In India, freedom of press is implied from the freedom of speech and expression guaranteed
under Article 19(1)(a) of the Constitution of India. Article 19(1)(a) says that all citizens shall
have the right to freedom of speech and expression. But this right is subject to reasonable

8
AIR 1914 PC 116, 117
9
www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=6752
10
(2002) 5 SCC 294

3|Page
restrictions imposed on the expression of this right for certain purposes under Article 19(2).
Keeping this view in mind Venkataramiah, J. of the Supreme Court of India in Indian
Express Newspapers (Bombay) (P) Ltd. v. Union of India11 has stated:
“In today’s free world freedom of press is the heart of social and political intercourse. The
press has now assumed the role of the public educator making formal and non-formal
education possible in a large scale particularly in the developing world, where television and
other kinds of modern communication are not still available for all sections of society. The
purpose of the press is to advance the public interest by publishing facts and opinions without
which a democratic electorate [Government] cannot make responsible judgments.
Newspapers being purveyors of news and views having a bearing on public administration
very often carry material which would not be palatable to Governments and other
authorities.”
The above statement of the Supreme Court illustrates that the freedom of press is essential for
the proper functioning of the democratic process. Democracy means Government of the
people, by the people and for the people; it is obvious that every citizen must be entitled to
participate in the democratic process and in order to enable him to intelligently exercise his
right of making a choice, free and general discussion of public matters is absolutely essential.
This explains the constitutional viewpoint of the freedom of press in India.
The fundamental principle which was involved in freedom of press is the “people‟s right to
know”.12 It therefore received a generous support from all those who believe in the free flow
of the information and participation of the people in the administration; it is the primary duty
of all national courts to uphold this freedom and invalidate all laws or administrative actions
which interfere with this freedom, are contrary to the constitutional mandate.
Therefore, in view of the observations made by the Hon‟ble Supreme Court in various
judgments and the views expressed by various jurists, it is crystal clear that the freedom of
the press flows from the freedom of expression which is guaranteed to “all citizens” by
Article 19(1)(a).13
Press stands on no higher footing than any other citizen and cannot claim any privilege
(unless conferred specifically by law), as such, as distinct from those of any other citizen. The
press cannot be subjected to any special restrictions which could not be imposed on any
citizen of the country.

11
(1985) 1 SCC 641
12
Maneka Gandhi v. Union of India, (1978) 1 SCC 248
13
Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC 641

4|Page
 LEGISLATIONS FOR MEDIA

PRINT
“Our freedom depends in large part, on the continuation of a free press, which is the strongest
guarantee of a free society.”- Richard M. Schmidt14
The Freedom of Press and the Freedom of Expression can be regarded as the very basis of a
democratic form of government. Every business enterprise is involved in the laws of the
nation, the state and the community in which it operates. Newspaper publishers find
themselves more „hemmed in‟ by legal restrictions than many other businesses do – despite
the fact that the freedom of press is protected by the Indian constitution. The various Acts,
which have to be taken into consideration when dealing with the regulations imposed upon
the Print Media, are:
 The Press and Registration of Books Act, 1867– This Act regulates printing presses
and newspapers and makes registration with an appointed Authority compulsory for
all printing presses.
 The Press (Objectionable Matters) Act, 1951– This enactment provides against the
printing and publication of incitement to crime and other objectionable matters.
 The Newspaper (Prices and Pages) Act, 1956 – This statute empowers the Central
Government to regulate the price of newspapers in relation to the number of pages
and size and also to regulate the allocation of space to be allowed for advertising
matter.
When dealing with this statute, it will be worthwhile to mention about the case
of Sakal Papers v/s Union of India15. In this case, the Daily Newspapers (Price and
Control) Order, 1960, which fixed a minimum price and number of pages, which a
newspaper is entitled to publish, was challenged as unconstitutional. The State
justified the law as a reasonable restriction on a business activity of a citizen. The
Supreme Court struck down the Order rejecting the State‟s argument. The Court
opined that, the right of freedom of speech and expression couldn‟t be taken away
with the object of placing restrictions on the business activity of the citizens. Freedom
of speech can be restricted only on the grounds mentioned in clause (2) of Article 19.

14
Cf. Herbert Lee Williams, Newspaper Organization and Management, 5th Edn., page 347
15
AIR 1962 SC 305

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  Delivery of Books and Newspapers (Public Libraries) Act, 1954 – According to
this Act, the publishers of books and newspapers are required to deliver, free of cost, a
copy of every published book to the National Library at Calcutta and one copy each to
three other public libraries specified by the Central Government.
 The Working Journalists and other Newspaper Employees (Conditions of
Service and Miscellaneous Provisions) Act, 1955 – It lays down the minimum
standards of service conditions for newspaper employees and journalists.
 Civil Defence Act, 1968 - It allows the Government to make rules for the prohibition
of printing and publication of any book, newspaper or other document prejudicial to
the Civil Defence.
 Press Council Act, 1978 – Under this Act, the Press Council was reconstituted (after
1976) to maintain and improve the standards of newspaper and news agencies in
India.
Although on one hand, the Constitution confers the fundamental right of freedom of the
press, Article 105 (2) provides certain restrictions on the publications of the proceedings in
Parliament. In the famous Searchlight Case16, the Supreme Court held that, the publication by
a newspaper of certain parts of the speech of members in the House, which were ordered to
be expunged by the Speaker constituted a breach of privilege.
Due to the restrictive scope of this Article, it is not possible for us to delve into all the other
statutes; however, a few of the legislations, which are worth mentioning are the Contempt of
Courts Act, 1971 and The Official Secrets Act, 1923.

BROADCAST
The broadcast media was under complete monopoly of the Government of India. Private
organizations were involved only in commercial advertising and sponsorships of
programmes. However, in Secretary, Ministry of I&B v. CAB17, the Supreme Court clearly
differed from the aforementioned monopolistic approach and emphasized that, every citizen
has a right to telecast and broadcast to the viewers/listeners any important event through
electronic media, television or radio and also provided that the Government had no monopoly
over such electronic media as such monopolistic power of the Government was not
mentioned anywhere in the Constitution or in any other law prevailing in the country.

16
AIR 1959 SC 395
17
(1995) 2 SCC 161

6|Page
This judgment, thus, brought about a great change in the position prevailing in the broadcast
media, and such sector became open to the citizens.
The Broadcasting Code, adopted by the Fourth Asian Broadcasting Conference in 1962
listing certain cardinal principles to be followed buy the electronic media, is of prime
importance so far as laws governing broadcast medium are concerned. Although, the
Broadcast Code was chiefly set up to govern the All India Radio, the following cardinal
principles have ideally been practiced by all Broadcasting and Television Organization; viz:
 To ensure the objective presentation of news and fair and unbiased comment
 To promote the advancement of education and culture
 To raise and maintain high standards of decency and decorum in all programmes
 To provide programmes for the young which, by variety and content, will inculcate
the principles of good citizenship
 To promote communal harmony, religious tolerance and international understanding
 To treat controversial public issues in an impartial and dispassionate manner
 To respect human rights and dignity
Cable Television Networks (Regulation) Act, 1995 basically regulates the operation of Cable
Television in the territory of India and regulates the subscription rates and the total number of
total subscribers receiving programmes transmitted in the basic tier. In pursuance of the
Cable Television Network (Regulation) (Amendment) Bill, 2002, the Central Government
may make it obligatory for every cable operator to transmit or retransmit programme of any
pay channel through an addressable system as and when the Central Government so notifies.
Such notification may also specify the number of free to air channels to be included in the
package of channels forming the basic service tier.
Direct-to-Home Broadcasting – Direct-to-Home (DTH) Broadcasting Service, refers to
distribution of multi-channel TV programmes in Ku Band by using a satellite system and by
providing TV signals directly to the subscribers‟ premises without passing through an
intermediary such as a cable operator. The Union Government has decided to permit Direct-
to-Home TV service in Ku band in India.18
Film - India is one of the largest producers of motion pictures in the world. Encompassing
three major spheres of activity – production, distribution and exhibition, the industry has an

18
The prohibition on the reception and distribution of television signal in Ku band has been withdrawn by the
Government vide notification No. GSR 18 (E) dated 9th January 2001 of the Department of
Telecommunications.

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all-India spread, employing thousands of people and entertaining millions each year. The
various laws in force regulating the making and screening of films are: -
The Cinematograph Act, 1952
The Cinematograph Act of 1952 has been passed to make provisions for a certification of
cinematographed films for exhibitions by means of Cinematograph. Under this Act, a Board
of Film Censors (now renamed Central Board of Film Certification) with advisory panels at
regional centres is empowered to examine every film and sanction it whether for unrestricted
exhibition or for exhibition restricted to adults. The Board is also empowered to refuse to
sanction a film for public exhibition.
In K. A. Abbas v. Union of India19, the petitioner for the first time challenged the validity of
censorship as violative of his fundamental right of speech and expression. The Supreme
Court however observed that, pre-censorship of films under the Cinematograph Act was
justified under Article 19(2) on the ground that films have to be treated separately from other
forms of art and expression because a motion picture was able to stir up emotion more deeply
and thus, classification of films between two categories „A‟ (for adults only) and „U‟ (for all)
was brought about.20
Furthermore, in Bobby Art International v. Om Pal Singh Hoon21, the Supreme Court re-
affirmed the afore-mentioned view and upheld the order of the Appellate Tribunal (under the
Cinematograph Act) which had followed the Guidelines under the Cinematograph Act and
granted an „A‟ certificate to a film.
The Copyright Act, 1957
According to this Act, „copyright‟ means the exclusive right to commercially exploit the
original literary, dramatic, artistic, musical work, sound recordings or cinematographic films
as per the wishes of the owner of copyright subject to the restrictions imposed in the Act.
Although this Act, is applicable to all the branches of media, in some areas it is specific to
this particular genre. In the case of a Cinematographed film, to do or to authorise the doing of
any of the following acts would lead to the infringement of copyright. Those acts are
namely:-
 To make a copy of the film
 To cause the film, in so far, as it consists of visual images, to be seen in public and in
so far as it consists of sounds to be heard in public

19
AIR 1971 SC 481
20
This view was re-iterated in Life Insurance Corporation of India v. Manu Bhai D. Shah, (1992) 3 SCC 637.
21
(1996) 4 SCC 1

8|Page
  To make any record embodying the recording in any part of the soundtrack associated
with the film by utilizing such sound track
 To communicate the film by radio-diffusion
The Act also makes it a cognizable offence for anyone to sell, hire, distribute, exhibit, possess
or view any unauthorised recordings and prescribes severe penalties, including imprisonment,
fines as well as confiscation of the equipment used for the purpose of such recording and
exhibition. The Amendments to The Copyright Act also prohibit unauthorized transmission
of films on the cable television.22
Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
This legislation affords a measure of protection to those employed in the industry by
imposing certain obligations on motion picture producers and theatre owners concerning the
former‟s condition of service.
Cine Workers Welfare Cess Act, 1981 and the Cine Workers Welfare Fund Act 1981
They seek to create means of financial support to cine employees, the seasonal and
unpredictable nature of whose employment often leaves them impoverished and helpless.
Besides these, there are also a few local legislations, which affect the film medium; viz.

ADVERTISING
Advertising communication is a mix of arts and facts subservient to ethical principles. In
order to be consumer-oriented, advertisement will have to be truthful and ethical. It should
not mislead the consumer. If it so happens, the credibility is lost.
In order to enforce an ethical regulating code, the Advertising Standards Council of India was
set up. Inspired by a similar code of the Advertising Standards Authority (ASA) UK, ASCI
follows the following basic guidelines in order to achieve the acceptance of fair advertising
practices in the interest of the consumer: -
1. To ensure the truthfulness and honesty of representations and claims made by
advertisements and to safe guard against misleading advertising;
2. To ensure that advertisement are not offensive to generally accepted standards of
public decency;
3. To safeguard against indiscriminate use of advertising for promotion of products
which are regarded as hazardous to society or to individuals to a degree or of a type
which is unacceptable to society at large; and

22
Section 37 of the Copyright Act, 1957

9|Page
 4. To ensure that advertisements observe fairness in competition so that the consumers
need to be informed on choices in the market places and canons of generally accepted
competitive behaviour in business are both served.
Few Complaints filed with ASCI
 HLL‟s Clinic All Clear Dandruff shampoo claimed that it had ZPTO, the special
ingredient in Clinic All Clear that stops dandruff. This claim was found to be untrue
since ZPTO is a micro biocide, when in reality, dandruff is known to be caused by
several other factors, besides, microbes. HLL‟s multi-crore research wing „clearly
overlooked‟ this aspect. The advertisement has been withdrawn.
 Novartis India claimed that their disposable contact lenses ensure there is no protein
build-up. This claim was found to be totally false. The truth is that build up is a
natural biological phenomenon with all contact lenses. The ad was discontinued.
The other legislations affecting the area of advertising are: -
Drug and Magic Remedies (Objectionable Advertisement) Act, 1954
This Act has been enacted to control the advertisements of drugs in certain cases and to
prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities
and to provide for matters connected therewith.
In Hamdard Dawakhana v. Union of India23 the Supreme Court was faced with the question
as to whether the Drug and Magic Remedies Act, which put restrictions on the
advertisements of drugs in certain cases and prohibited advertisements of drugs having magic
qualities for curing diseases, was valid as it curbed the freedom of speech and expression of a
person by imposing restrictions on advertisements. The Supreme Court held that, an
advertisement is no doubt a form of speech and expression but every advertisement is not a
matter dealing with the expression of ideas and hence advertisement of a commercial nature
cannot fall within the concept of Article 19(1)(a).
However, in Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd24, a three judge bench of the
Supreme Court differed from the view expressed in the Dawakhana case and held that
„commercial advertisement‟ was definitely a part of Article 19(1)(a) as it aimed at the
dissemination of information regarding the product. The Court, however, made it clear that
the government could regulate commercial advertisements, which are deceptive, unfair,
misleading and untruthful.
Monopolies and Restrictive Trade Practices Act, 1969

23
AIR 1960 SC 554.
24
(1995) 5 SCC 139

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Section 36 A of the Act deals with 5 major Unfair Trade Practices:
1. Any misleading, false, and wrong representation either in writing (i.e. in
advertisements, warranty, guarantee etc.) or oral (at the time of sale) actual or
intended, even if actual injury or loss is not caused to the consumer/buyer constitutes
as unfair trade practices;
2. Sales, where there is element of deception;
3. All business promotion schemes announcing „free gifts‟, „contests‟, etc. where any
element of deception is involved;
4. Violation of laws existing for protection of consumers;
5. Manipulating sales with a view to raising prices.
Parle‟s mango drink „Maaza‟ gave the advertisement of Maaza mango and the MRTP issued
a notice against Parle Exports Pvt. Ltd. The advertisement implied that the soft drink was
prepared from fresh mango while actually preservatives were added to it. The company had
to suspend production pending enquiry.
In this age of media explosion, one cannot simply remain confined to the boundaries of the
traditional media. The media world has expanded its dimensions by encompassing within its
orbit, the widening vistas of cyber media etc. As a consequence, the laws governing them are
also numerous. It is not within the scope of this Article to deal with the whole subject of
media laws, but this Article makes a person aware of the various important legislations
affecting the various branches of Media Communication, making him aware of his rights and
facilitating him to exercise them within the framework of law existing in India and in the end
furthering the cause of “Freedom Of Speech And Expression” and “Dissemination of
Knowledge”.

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 PAID NEWS DISCREDITING THE FOURTH PILLAR

Andhra Pradesh is always on the top line in the paid news scenario. The size of the market for
paid news is very big; it is somewhere between Rs 300 cr. to Rs 1,000 cr. Politicians who
stood for elections during the 2009 Lok Sabha elections in Andhra Pradesh paid for
favourable news coverage about them. It is really unfortunate that journalists forget their
dignity for petty gains.
The Election Commission disqualified UP MLA Umlesh Yadav for filiing an incorrect
statement of election expenditure and for paying two local Hindi newspapers for sponsoring
paid news before polling. She was the rst political victim of the paid news phenomenon.
The controversial telephonic tapes between corporate lobbyist Nira Radia with journalist
Barkha Dutt and Vir Sanghvi resulted in a controversy for running scripted interviews with
politicians and lobbying for A Raja the then Telecom Minister for his role in 2G Scam.
The former Maharashtra Chief Minister Ashok Chavan was involved in the paid news
controversy. While contesting for Bhokar Assembly constituency in Nanded district, he had
paid money to various Hindi and Marathi newspapers to get publicity and news praising him.
He spent huge amount of money on advertisements, which was not accounted properly in his
election expenditure account.
One of the biggest expose of this so called holy fourth pillar of democracy was the sting
operation conducted by the cobrapost in video operation 136 which took place in 2 parts. In
these sting the cobrapost showed that how the number of media houses, whether televised,
newspaper or on social media; are willing to promote and show the reports which could
easily lead to communal polarization and result in gaining electoral gains for some. With the
undercover reporter, cobra post did an sting operation on media houses like India TV, Dainik
Jagran, Sab TV, Daily News Analysis, Amar Ujala, UNI, Samachar Plus, Punjab Kesari,
Swatantra Bharat.
Scoop-Whoop, Rediff, Sadhna Prime News and many others; these media houses have huge
audience, circulation and subscribers and are easily able to influence the opinion of the
viewers, but these media houses are misusing their ability to change the viewers opinion in
order to campaign and set the agenda of the political and communal groups, to help in
increasing their electoral votes, in consideration of money. This expose of the cobra post has
shown the true greedy and irresponsible face of media whether mainstream, regional or

12 | P a g e
national, big ones or small ones, old ones or newer ones. All of these media houses agreed to
set the campaign trail in return for unaccounted cash.
This sting operation has found that most of the media houses have a vicious nexus with the
political parties specially the regional ones, or they are favoured by politicians, hence they
become the voice of their masters. This is a clear cut example of crony journalism. For
instance, ABN Andhra Jyothy, a prominent Telugu TV news channel is patronized by TDP
leader Chandrababu Naidu; in fact the newspaper chief also claims that their newspaper
Andhra Jyothy holds so much sway that they could even influence the outcome of the
Karnataka elections.25
Another case of paid media or media fixing came out when a leaked video of o record chat
between Delhi CM Arvind Kejriwal and well known Journalist Punya Prasoon Vajpayee. The
clip shows that at the end of the interview Mr. Kejriwal is asking the journalist to play some
part of the interview while airing it, which in his opinion will influence the voters, and the
Mr. Punya Prasoon agrees by saying that this will be revolutionary and will catch lot o
reactions. When this interview was aired Mr. Kejriwal‟s statement of comparing his
resignation as CM to the ultimate sacrifice of Bhagat Singh was played repeatedly

25
Operation 136: Part-II (Cobra post, 25 may 2018) < https://www.cobrapost.com/blog/Press-Release-
Operation-136-PartII/10>

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 CASE LAWS

The press or media acts as a watchdog of democracy. In fact, post-independence, the India
press has played a vital role in restraining corruption and injustice in the nation. The press is
also instrumental in arousing the general public‟s interest in the government and its
operations. However, like everything else, there is a flipside to this as well. Over the last few
years, yellow journalism has been rampant in the Indian press, which has led to widespread
misconducts in the nation.
In Romesh Thappar v. State of Madras26, the Supreme Court held that there can be, no doubt,
that freedom of speech and expression includes freedom of propagation of ideas, and that
freedom is ensured by the freedom of circulation. Liberty of circulation is an essential to that
freedom as the liberty of publication. Indeed, without circulation, the publication imposed on
grounds mentioned in Article 19(2) of the Constitution. A law which authorises the
imposition of restrictions on grounds of „public safety‟ or the „maintenance of public order‟
falls outside the scope of authorised restrictions under clause (2) and therefore, void and
unconstitutional.
In Indian Express Newspapers v. Union of India27, the Supreme Court emphasized the
importance of freedom of the press in these words:
“…..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 a responsible judgement. 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 or administrative actions, which
interfere with it contrary to the constitutional mandate.”
In Sakal Papers(Private) Limited v. Union28, Supreme Court had observed that the right to
freedom of speech and expression carries with it the right to publish and circulate one‟s ideas,
opinions, and views with complete freedom and by resorting to any available means of

26
AIR 1950 SC 124
27
(1985) 1 SCC 641
28
AIR 1962 SC 305

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publication, subject to the restrictions imposed under Art. 19(2). The Indian Constitution does
not expressly provide for the freedom of the press but this freedom is included in “Freedom
of speech and expression” guaranteed by Article 19(1)(a).
Blackstone said that the essence of freedom of expression is that every person should be able
to lay his sentiment before the public without previous restraint, that to forbid this, is to
destroy the freedom of the press; but if publishes what is improper, mischievous, or illegal, he
must take the consequence of his own temerity.29
In Bennet Coleman Company v. UOI30, the Court held that freedom of the press is both
quantitative and qualitative. Freedom lies both in circulation and in content. The fixation of
page limit will not only deprive the petitioners of their economic viability but also restrict the
freedom of expression by compulsive reduction of page level entailing the reduction of
circulation and the area of coverage for news and views.
In Hamdard Dawakhana v. UOI31, the Supreme Court has held that an advertisement is no
doubt a form of speech and expression of ideas. In the present case, the advertisement was
held to be dealing with commerce or trade and not for propagating ideas. Advertisement of
prohibited drugs would thus not fall within the scope of Article 19(1) (a).
In view of the Supreme Court decision in Tata Press Ltd. V. Mahanagar Telephone Nigam
Ltd.32 the ruling in Hamadard Dawakhana case has now a limited application that is,
prohibiting an obnoxious advertisement and cannot be applied to the general advertisement as
such. In this case, the Court has held that commercial speech is a part of the freedom of
speech and expression guaranteed under Art. 19(1)(a) of the Constitution. „Commercial
speech‟ cannot be denied the protection of Art. 19(1)(a) of the Constitution merely because
the same are issued by the businessman.
In Printers (Mysore) Ltd. v. Assistance Commercial Tax Officer33, the Supreme Court has
reiterated that though freedom of the press is not expressly guaranteed as a Fundamental
Right, it is implicit in the all democratic countries and the press has rightly been described as
the fourth estate. The democratic credentials of a state are judged by the extent of freedom
the press enjoys in that state.

29
Blackstone, Commentaries on the Laws of England (1765; 4th ed. 1770 in 4 uol } Bok 4 Chap II, 151-152) 13
30
AIR 1972 SC 106
31
AIR 1960 SC 554
32
(1995) 5 SCC 139
33
(1994) 2 SCC 434

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 CONCLUSION

In Democracy, the Government cannot function unless the people are well informed and free
to participate in public issues by having the widest choice of alternative solutions of the
problems that arise. Articles and news are published in the press from time to time to expose
the weaknesses of the governments. The daily newspaper and the daily news on electronic
media are practically the only material which most people read and watch.
The people can, therefore, be given the full scope for thought and discussion on the public
matter, if only the newspapers and electronic media are freely allowed to represent different
points of views, including those of the opposition, without any control from the Government.
The following suggestions are offered in this connection:
“Freedom of press may be inserted as a specific fundamental right under Article 19 of the
Constitution of India. Parameters of freedom of the press should be clearly earmarked.
Information must be available at an affordable cost within specified, definite and reasonable
time-limits. Free press should not violate the right to privacy of an individual. Free press
must be law enforcing and preventive of crime.
“Rule of law must be followed by the free press. Influence through free press upon the
judiciary should not be exercised. Press is the watchdog to see that every trial is conducted
fairly, openly and above board, but the watchdog may sometimes break loose and has to be
punished for misbehaviour. It shows that there are certain restrictions on the freedom of the
press.”
The Supreme Court has emphasized that the freedom of the press is not so
much for the benefit of the press as for the general community because the
community has a right to be supplied with information and the government
owes a duty to educate the people within the limits of its resources.

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 BIBLIOGRAPHY

Websites
 Role of Media in Indian Democracy, By Vaibhav Chakraborty, 6th March, 2018:
https://www.mapsofindia.com/my-india/government/medias-role-in-indian-
democracy.
 http://blogs.lse.ac.uk/eurocrisispress/2014/12/10/the-impact-of-the-mass-media-on-
the-quality-of-democracy-within-a-state-remains-a-much-overlooked-area-of-study/
 http://lifestyle.iloveindia.com/lounge/what-are-the-effects-of-media-in-our-822.html
 https://www.lawctopus.com/academike/freedom-press-pillar-democracy/
 http://www.legalservicesindia.com/article/1847/Freedom-of-Press---Article-19(1)(a)
 http://www.legalserviceindia.com/articles/media.htm
 Operation 136: Part-II (Cobra post, 25 may 2018)
<https://www.cobrapost.com/blog/Press-Release-Operation-136-PartII/10>

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