Lably
Skip to content

Freedom of the press in India

Constitutionally protected fundamental right

  • 11 min read
  • 4 chapters

Related on Lably

Through Fundamental rights in India, Constitution of India and Sovereignty

Nevertheless, freedom of the press in India is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers, barriers to information access and constraints caused by public and government hostility to journalists. The press, including print, television, radio, and internet are nominally amended to express their concerns under the selected provisions such as Article-19 (which became effective from 1950), though it states freedom of "occupation, trade or business" and "freedom of speech and expression" without naming "press" in clause "a" and "g". The article allows a journalist or media industries to cover any story and bring it to the audiences without impacting the national security of the country.

To protect the intellectual, moral, and fundamental rights of the citizens, the government has taken several countermeasures to combat circulating fake news and restricting objectionable contents across the multiple platforms. The law of India prohibits spreading or publishing fake news through social or mass media, and could lead to imprisonment of a journalist or newspaper ban.

Overview

In 2023, India's ranking slipped from 150 in 2022 to 161, out of 180 countries, in terms of press freedom according to the Reporters Without Borders' Press Freedom Index, with the organization stating that the situation for journalists was "very serious" in the country. India's global index rank has declined for several reasons, such as killings of journalists, restrictions imposed on news media, censorship in Kashmir, and ongoing conflict in Jammu and Kashmir which has been a subject of dispute between India and Pakistan. Targeting victims, such as physical abuse against journalists and prejudice, is another reason for the decline in the world ranking index. The Ministry of Information and Broadcasting criticized the report published by the Reporters Without Borders in 2020 citing "the surveys portray a bad picture about freedom of press in India" and the index has also been criticized by Indian news outlets such as The Hindu to portray press freedom in India as comparable to absolute dictatorships like Turkey and occupied state of Palestine.

A report by Clooney foundation for justice, National Law University, Delhi, and Columbia Law School published an analysis of 423 criminal cases against journalists ranging from 2012-2022, finding at least 40% of journalists being arrested, 90% of cases registered having multiple offense, 65% of a subset of 244 cases having relevant data marked not completed as of 2023, 40% of which had not even started police investigation, with only 16 cases (6%) seeing a concluded trial. Of 427 journalists, 60 had more than one cases, with 36 of them having multiple cases relating to the same incident. While 65% of metropolitan based journalists were able to secure interim protection from arrest, only 3% of small town journalists were able to do the same, also correlating to a higher arrest rate of 58% compared to 24% in metropolitan cities. The report recognized that vaguely worded and broad laws were used against journalists and that authorities do not generally involve careful consideration of the offense, but rather slap a wide range of offense against them. Observing 73% of interviewed journalists reporting negative impact on personal lives, the report criticized 'the process is the punishment' ethos surrounding such cases.

The Coalition of Women in Journalism documented 145 threats and intimidation against women, the third highest number of intimidation cases against female reporters. Committee to Protect Journalists’ 2019 Global Impunity Index, records that India comes 13th in its list of countries where murderers of journalists do not face justice.

Sign in to keep reading

3 more chapters are free with a Lably account.

More in India