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‘The conduct of journalism and politics in a free society is inherently interlinked’

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  • KGBalakrishnan
    K.G. Balakrishnan, Chief Justice of India, at the Ramnath Goenka awards.

    At the time of the French Revolution, the press was described as the Fourth Estate in the political establishment. In our times the expanding reach of newspapers, television, radio and the internet — have made the media an even stronger pillar of our political existence. At present, India is one of the few countries where the markets for the print media as well as the electronic and digital media have been continuously growing. As more and more Indians become literate and gain access to television and computers, there is also a commensurate responsibility on the news-media establishments to present accurate and balanced reports.

    The ‘freedom of press’ is an extension of the fundamental right to ‘freedom of speech and expression’ provided for under Article 19(1)(a) of the Constitution. In our times, ideas and information reach the masses largely to the extent that they are permitted entry into the prominent dailies and news magazines. With the concentration of the mass media in a few hands, the chances of an idea which is antagonistic to the interests of the proprietors of big newspapers getting access to the market becomes remote. The news media cannot possibly support the public’s right to know when there is no acceptance of a duty to inform. To the press, the public’s right to know extends only to what the press elects to tell. There can be no doubt that any mass medium having the greatest circulation would influence the political life of the country because the ideas for which a prominent paper stands have the greatest chance of being circulated among the public. It will affect the economic pattern of the society. The integrity of the news becomes a matter of profound social concern. There is also an affirmative obligation on the part of the government not to abridge the freedom of expression or to allow monopolisation by any party in the mass media. Our vibrant democracy survives to a great extent by the contribution made by the newspapers. The rights of millions of people who have no scope or opportunity to raise their voice should be given a voice in the mass media. It is said that the victories of freedom of speech must be won in the minds of the people before they are won in the courts. Justice Felix Frankfurter, one of the great American judges, said that at best civil liberties draw only limited strength from legal guarantees and that preoccupation with constitutionality instead of the wisdom of legislative or executive actions is preoccupation with false values.

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