The Press holds the mirror to the society. Press as an agency for disseminating information moulds public opinion and plays a crucial role in awakening citizens’ consciousness for the reconstruction and development of our nation.

The father of the Indian Press, Raja Rammohan Roy had said :
“.......... a free press has never yet caused a revolution in any part of the world..... whereas, where no freedom of the press existed, and grievances consequently remained unrepresented and unredressed, innumerable revolutions have taken place in all parts of the globe.”

It is the press which provides the forum for free play of opinion which act as vital inputs for policy formulation. And it is well known that democracy flourishes because of people’s strength. A free press, will remain in the forefront espousing the people’s cause, the core of which is good governance.
Sir Winston Churchill has said: “No institution has gained more power in the twentieth century than the press.” “No institution,” he further added, “has woven itself more closely into the life of all classes.”

The press by remaining closer to the people can really transform their perception about our legislators and representative institutions.
The importance of the press is driven home by observation of LLoyd George “I would not mind resigning as Prime Minister if I can become an Editor of the Times”.

The Press functions as an adversary, a watchdog, a guardian of the people’s interest. It turns a spotlight on the working of government’s, their decisions and implementation and the press has not to go by their claims but it has to tear off the facade of misrepresentations, remove the cobweb of lies, frustrate the bids for coverups. It has to be ruthless in its exposures, if so demanded by the imperatives of defending and safeguarding the people’s rights.

It is well said that free and untainted information is a basic human right. In a country like India where there are so much of diversities and differences among people, the press has to provide the right kind of information, highlight people’s issues, promote understanding among diverse sections of society and strengthen our democracy, pluralism and social unity, which are essential pre-requisites for good governance.

In performing their task of providing right kind of information, the newspapers tend to become a threat to the power, by publishing articles exposing governmental actions, and governments naturally take recourse to suppress such newspapers using diverse methods to keep the press under control as :
(1)Enacting laws providing for pre censorship,
(2)Imposition of restriction on price of newspaper,
(3)Number of pages of newspapers,
(4)Area of the advertisement,
(5)Imposition of taxes on newsprint,
(6)Increase in postal rates demanding security deposit,
are some of the ways by which governments have tried to interfere with the freedom of the press.

Government has also tried to influence the press by monetary grants and subscriptions, grants of land and postal concessions, government advertisements, enforcement of titles on editor and proprietors of newspapers.

Even Mahatma Gandhi linked freedom of the Press to our struggle for independence and wrote:
“The restoration of the speech, free association and free press is almost the whole of swaraj.”

In fact the alliance between legislators and the press during our freedom movement remain a remarkable saga for the achievement of self government and the larger goal of providing a clean and efficient administration for our people. So, our freedom movement was adequately reflected by newspapers, periodicals and magazines for sensitising the people against British rule. But at that time also the government then in power, enacted oppressive press laws, Laws prohibiting meetings and processions and laws against conspiracy and sedition, so as to block the patriotic associations. But, the issue of free speech, free association and free press were stressed primarily. Therefore, with a view to check that no limitations are being put during free flow of information and the press is not subjected to pressures and intimidation and is forced to compromise its independence, consciously or unwillingly, not only the democratic institutions all over the world but the major international bodies like U.N. have incorporated the provision granting freedom of speech and expression and of the press and the limits of interference with it.

Article - 19, Universal Declaration of Human Rights 1948 declares :
“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.”

Article - 19, International Covenant on civil and Political Rights reads.....
“1. Everyone shall have the right to hold opinions without interference.
Everyone shall have the right to freedom of expression, this right shall include freedom to seek, receive and impart information and ideas of all kinds regardless of frontiers, either orally, in writing or in print, in form of art or through any other media of his choice.
Clause 3 deals with restriction to which the right can be subjected like public order or national security etc.

Article 10 European Convention of human Rights
“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions, and to receive and impart information and ideas without interference by public authority, and regardless of frontiers. This article shall not prevent states from requiring the licencing of broadcasting, television or cinema enterprise.

Clause 2 deals with the restrictions on the freedom of expression.”

American constitution was first in the world to bring this right to the highest pedestal from where its very difficult to pull it down.

The First amendment to constitution says :
“Congress shall make no law ....... or abridging the freedom of speech or of press.....”

As far as Indian Constitution is concerned the freedom of press is recognized as an implied fundamental right U/A 19 which reads as :
“Protection of certain rights regarding freedom of speech, etc.
All citizens shall have the right -
to freedom of speech and expression .......
Nothing in sub-clause (a) of clause (1) shall effect the operation of any existing law or prevent the state from making any law. in so far as such law imposes reasonable restriction on the exercise of the right conferred by the said subclause in the (a) interest of the sovereignty and integrity of India (b) security of the state, (c) friendly relation with foreign states (d) public order (e) decency or morality (f) in relation to contempt of court, defamation or incitement of an offence.

Before discussing the freedom of press in detail it would be appropriate to discuss the meaning of the freedom of press.

Meaning of the Freedom

To be free is to have the use of one’s power of action
(1) without the restraint or control from outside.
(2) without whatever means or equipment the action requires.
The expression freedom can be understood in two aspects :

The positive lies in the ability to achieve the end. To be free means to be free for some accomplishment.
The negative one being the absence of external interference whether to suppress or constrain.

“The Liberty of the Press” as defined by Lord mansfield , “Consists in printing without any licence subject to the consequences of law” Thus the liberty of the press means liberty to print and publish what one pleases without previous permission. The freedom of the press is not confined to newspapers and periodicals. It includes also pamphlets and circulars and every sort of publication which affords a vehicle of information and opinion.

The First Amendment to the United States constitution provides that “Congress shall make no law.... abridging the freedom.... of the press”. So, the provision protects the press from all government intimidations, whether local, state or federal.

The “primary purpose” of this first amendment was to create a fourth institution outside the government as an additional check on the three official branches (the executive, legislature and the judiciary). unlike the American Constitution, Article 19(1)(a) of the Indian constitution does not expressly mention the liberty of the press but it has been held that liberty of the press is included in the freedom of speech and expression., The Press has no special rights which are not to be given or which are not to be exercised by the citizen in his individual capacity. The editor of a press or the manager are merely exercising the right of the expression, and, therefore no special mention is necessary of the freedom of the press.

The fundamental right of the freedom of the press in implicit in the right of the freedom of speech and expression and is essential for political liberty and proper functioning of democracy.

Justice Stewart wrote in Pentagon Papers Case “without an informed and free press there cannot be an enlightened people.”

Indian Press Commission states on the freedom of press, it means freedom to hold opinions, to receive and to impart information through printed word, without any interference from public authority.

The addition of the word “expression” clarifies that the article not only guarantees right to speak by words of mouth but also to express his opinions or convictions in any form, such as, gestures, writing, pictures.

The Freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by the freedom of circulation.

Further in Lovell V. Griffin it was held liberty of circulation is as essential to that freedom as the liberty of publication. Indeed without circulation the publication would be of little value.

In Sakal papers Ltd. v. Union of India Madholkar Justice held :
“The right to propagate one’s ideas is inherent in the conception of freedom of speech and expression.”

The free publication and dissemination of books and other forms of printed matter are protected by the guarantee of freedom of speech and press and it does not matter that the dissemination takes place under commercial auspices.

So, freedom of press generally means freedom from governmental control. It represents the political side of the conception. behind it lies the right of people to have information and opinions on matters of public concern, gathered and disseminated through the medium of a press free from governmental control or restraint.

Ramesh Thapar v. State of Madras was the first case after adoption of our constitution in which Supreme Court held that freedom of speech and expression includes freedom of press also.

In Brij Bhushan v. State of Delhi Supreme Court observed that “there can be little doubt that the imposition of pre-censorship on a journal is a restriction on the liberty of the press, which is an essential part of the right to freedom of speech and expression declared by Art 19(i) (a)”