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Freedom of the press in India is legally protected by the Amendment to the constitution of India,[1] while the sovereignty, national integrity, and moral principles are generally protected by the law of India to maintain a hybrid legal system for independent journalism. In India, media bias or misleading information is restricted under the certain constitutional amendments as described by the country's constitution. The media crime is covered by the Indian Penal Code (IPC) which is applicable to all substantive aspects of criminal law.
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".[2][3][4][5] 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.[6]
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.[7][8]
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 organisation stating that the situation for journalists was "very serious" in the country.[9] In its May 3, 2022 edition, India's ranking fell from 142 in 2021 to 150.[10][11] In 2020, press freedom rank went to 142 from 140 in 2019, making it a slight decline than in previous annual report.[12][11] 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.[13]
Targeting victims such as physical abuse against journalists and prejudice is another reason for the decline in the world ranking index.[14] In 2017, the country was ranked 136 out of 180 nations and it declined to 138th in the 2018 report.[15]
Reactions
The Ministry of Information and Broadcasting criticised the report published by the Reporters Without Borders in 2020 citing "the surveys portray a bad picture about freedom of press in India".[16]
In 1956, a private bill introduced by Feroz Gandhi called Parliamentary Proceedings became a crucial law in the history of Indian press freedom.[17] But this law was repealed by the then Indian Prime Minister Indira Gandhi during Emergency in 1975.[17] As part of the Emergency, Indira Gandhi made complete restriction over the press, banning all domestic and international news, expelling many foreign journalists and correspondents and revoking the accreditation of over 40 Indian reporters.[18] Many historians believe that she was intimidated by the growing criticism of her government and feared that the press was supporting the movement started by Jayaprakash Narayan.[18]
In 2020, the Press Council of India, a state-owned body argued that government authorities, including state police's censorship on mass media is unfavorable citing "intimidation" of journalists and the "curtailment" of press freedom. The country's news outlets and their associated journalists were allegedly charged with sedition and criminal prosecution charges by the authorities. The Press Club of India (PCI) described charges against journalists as a "string of seemingly malafide actions". The organization claims that the federal government of India was responsible for unfavorable censorship of press and journalists.[19][20][21] The International Press Institute (IPI), an international organizations dedicated to the improvement of journalistic practices, claims that the government of India is responsible for restricting journalists covering COVID-19 pandemic-related reports in the country.[22]
In 2020, the Ministry of Information and Broadcasting blocked the MediaOne TV temporarily for covering a news about the "mob attacks on Muslims" in the country's capital New Delhi. The channel was later resumed after a period of 48 hours.[23] The Jammu and Kashmir Police, a law enforcement and counterinsurgency agency, often interrogate journalists while some are charged and arrested over national security reportage and nominally defamatory news stories involving government.[24] The state administration of Jammu and Kashmir also indefinitely stopped giving government ads to newspapers, including Greater Kashmir and Kashmir Reader running in the Jammu Jammu and Kashmir union territory,[25] while the federal government banned Times of India, The Hindu and Telegraph India temporarily from running government ads on their platforms.[26]
Sometimes, only news that favours the government is published by the local media, whilst news that covers the economic and political problems in the country, or criticisms of the government faces government-issued warnings. It is claimed that the print and broadcasting media carry stories on the bases of emotions or under the political pressure of the party in power,[27][28] while the domestic media outlets are claimed to support leaders' arguments.[29] Indian media is often criticized for carrying media war during military conflicts, and expressing one-sided identification with vigorous support for their interests.[30][31] Several media outlets act as cheerleaders by publishing the political agenda of the ruling party's leaders. The constitution of India protects freedom of speech and freedom of the press. However, critics state that press freedom is restrained, and the government only encourages speech that supports it and the prevailing ruling party.[32] The government is accused by critics of falsely labelling independent press with "fake news" to try to evade critical observation of the media.[33]
In 2020 or earlier, the government of India issued warnings against the foreign news outlets, including The New York Times, The Guardian, Al Jazeera, The Washington Post, Time, The Economist, BBC, and Huffington Post for portraying India's image negatively.[34]
Reporters Without Borders stated that followers of Hindutva are attempting to censor claimed "anti-national" thoughts. Coordinated hate campaigns by Hindutva followers against journalists critical of Hindutva sometimes call for those journalists to be murdered. Journalists critical of the government often suffer from criminal prosecutions, with Section 124A of the Indian Penal Code often being cited by prosecutors.[35]
In February 2023, the government raided the offices of the BBC, accusing it of corruption and tax evasion, shortly after it aired a documentary (which the government banned) critical of Modi for his involvement in the alleged state-sponsored anti-Muslim violence in his home state of Gujarat in 2002 during his chief-ministership.[36]
Several journalists such as Sagarika Ghose, Ravish Kumar have said that they were subjected to harassment, intimidation including death and rape threats when they were skeptical of the Bharatiya Janata Party government. Bobby Ghosh, the editor of the Hindustan Times resigned in September 2018 shortly after the Prime Minister Narendra Modi reportedly met Shobhana Bhartia, the owner of the newspaper.[37] The incident occurred after Ghosh opened a portal called the Hate Tracker on the newspaper, a database for tracking violent crimes motivated by race, religion and sexual orientation. The database was later taken down.[38][39]
At least three journalists were killed in 2017 in connection with their jobs. Reporters Without Borders stated Gauri Lankesh a proponent of secularism and a critic of right-wing forces was shot dead outside her house. A member of a Hindu nationalist group was arrested for killing Lankesh.[39][40] A report stated that between 2014 and 2019, 40 journalists were killed and at least 198 severe attacks on journalists were reported, of which, 36 occurred in 2019 alone.[41]
Reports Without Borders stated that journalists suffer from violence from the police, political activists, criminal groups, and corrupt local officials.[35]
Boycott of Journalist
14 journalist boycott was announced on September 18, 2023, by the Indian National Developmental Inclusive Alliance (INDIA), a 28-party opposition bloc based on allegations that these journalists and channels are sycophants of the government, biased against the opposition and promote hate speech.[42]
The list of boycotted journalists includes[43]
- Arnab Goswami (Republic TV)
- Navika Kumar (Times Now)
- Sushant Sinha (Times Now Navbharat)
- Sudhir Chaudhary (Aaj Tak)
- Chitra Tripathi (Aaj Tak)
- Aman Chopra (News18)
- Amish Devgan (News18)
- Anand Narasimhan (News18)
- Rubika Liyaquat (Bharat24)
- Gaurav Sawant (India Today)
- Shiv Aroor (India Today)
- Prachi Parashar (India TV)
- Aditi Tyagi (Bharat Express)
- Ashok Shrivastav (DD News)
The INDIA alliance accused the boycotted journalists of spreading hatred and misinformation, and of being mouthpieces of the ruling Bharatiya Janata Party (BJP). The alliance has also alleged that the journalists and channels have used their platforms to attack the opposition and its leaders.[44]
The 14 journalists boycotted by the INDIA Alliance have all denied the allegations against them. They have said that they are committed to fair and unbiased journalism, and that they will not be silenced by the boycott.[45]
- Arnab Goswami said that the boycott was a "badge of honor" and that he would continue to speak truth to power.[46][45]
- Navika Kumar said that the boycott was an "attempt to muzzle the voice of the people" and that she would not be intimidated.[47]
- Sudhir Chaudhary said that the boycott was a "desperate attempt by the opposition to hide their failures" and that he would continue to expose their lies.[45]
Other boycotted journalists have also issued statements condemning the boycott and defending their journalistic integrity.[43]
Criticism of boycott
The boycott has been met with criticism from some quarters, who argue that it is an attack on freedom of the press. However, the INDIA alliance has defended its decision, arguing that it is necessary to protect democracy from the harmful effects of biased and hateful media coverage.[48][49][50]
- The News Broadcasters and Digital Association (NBDA), which represents news broadcasters in India, said that the boycott was a "gag on the press" and a "throwback to the Emergency era."[51][52]
- The committee to Protect Journalists (CPJ), an international press freedom watchdog, said that the boycott was a "dangerous precedent" and a "threat to freedom of the press."
- Reporters Committee for Freedom of the Press, an organization that promotes and defends freedom of the press, said that the boycott was a "dangerous and undemocratic act" and called on the INDIA Alliance to immediately lift it.
- Amnesty International, a human rights organization, said that the boycott was a "direct attack on freedom of expression" and called on the INDIA Alliance to "immediately lift the ban and allow all journalists to carry out their work without fear of reprisal."
The ruling Bharatiya Janata Party (BJP) has criticized the INDIA Alliance's boycott of 14 journalists. The BJP has accused the alliance of trying to silence the media and of being intolerant of dissent.[53]
- JP Nadda, the BJP president, said that the boycott was a "dangerous precedent" and a "sign of the opposition's intolerance."[54]
- Anil Baluni, the BJP's national media head, said that the boycott was "undemocratic" and "an attack on freedom of the press."[55]
- Gaurav Bhatia, the BJP's deputy national spokesperson, said that the boycott was "hypocritical" and that the Congress party had a history of bullying the media.[56]
These organizations have argued that the boycott is a dangerous attack on freedom of the press and that it sets a dangerous precedent for other political parties to silence their critics.[57]
The media have consistently upheld the personality cult of the leaders since the country's formation. It reported on the activities of the leader, regularly reporting on their political campaigns, frequently including "advertisements" to ruling parties through radio, television and Newspaper display ads. Previously, media would refer to 2014 Indian general election campaign of the Bharatiya Janata Party, a major political party as the "Abki Baar, Modi Sarkar" (this time Modi government). The political slogan was heavily covered by news media in the country.[58][59][60] Media reports in India that support the ruling party are criticized as being often one-sided and exaggerated, playing little or no role in gathering true information and providing propaganda on their platforms. The independent newspapers running in the country covered 2019 general election with a focus on Narendra Modi, inadvertently giving him more coverage.[61] While campaigning in his constituency of Varanasi during the 2024 general election, Modi tried to divinise himself in a live TV interview given to News18 by stating that he had been directly sent by God in a quote unquote 'non-biological' body to serve the country.[62]
The CMS Media Lab, a nonpartisanism subsidiary of the research organisation CMS stated in its report that Modi, the current prime minister,[lower-alpha 1] received 33.21% of the primetime news coverage during his last election campaign while the competitors' political parties such as Aam Aadmi Party led by Arvind Kejriwal received 10.31% media coverage and the Indian National Congress candidate Rahul Gandhi received 4.33% prime-time news telecast coverage.[63]
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