In a thought-provoking analysis of India's press freedom landscape, Senior Advocate Dr. S. Muralidhar, former Chief Justice of the High Court, shed light on the enduring challenges faced by journalists and the media. Speaking at the B G Verghese Memorial Lecture on 'Media, Courts, and Freedom of Expression' at the India International Centre in Delhi on March 21, he emphasized the critical role of the judiciary in safeguarding press freedom and vice versa.
India ranked 159 out of 180 countries in the 2024 World Press Freedom Index (WPFI) by Reporters Without Borders (RSF), slightly improving from 161 in 2023. However, this marginal progress does not reflect the deep-rooted issues plaguing the media ecosystem, including internet shutdowns, threats to journalists, and increasing censorship.
Dr. Muralidhar highlighted the widespread use of internet shutdowns as a significant roadblock to press freedom. Despite the Supreme Court's ruling in Anuradha Bhasin v. Union of India (2020) that such shutdowns must not be disproportionate, enforcement remains weak. The government continues to impose frequent shutdowns, particularly in conflict-prone areas like Jammu and Kashmir, restricting journalists from reporting freely.
"Internet shutdown orders are now almost routinely issued throughout the country. Farmers' protests, Manipur violence, and even during exams! These orders are not in the public domain and so remain inaccessible and unchallenged."
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According to an Access Now report, 2024 recorded 294 internet shutdowns worldwide, with India accounting for 84 of them—28% of the total.
The safety of journalists in India is a pressing issue. In 2023, five journalists were killed, and 226 were targeted—148 of them by state actors. Delhi emerged as the most dangerous region, with 51 journalists facing state action.
"Stopping journalists from traveling abroad, at the last minute, while they are set to board a plane, has also been happening with regular frequency."
Cases like the last-minute travel ban on journalist Rana Ayyub and Pulitzer Prize-winning Kashmiri photojournalist Sanna Irshad Mattoo being barred from receiving her award in New York exemplify the state's heavy-handed approach.
Several journalists, including Fahad Shah, Sajad Gul, Aasif Sultan, and Majid Hyderi, have faced incarceration under laws like the Public Safety Act (PSA). Many are released after prolonged detentions, raising concerns about the misuse of such draconian provisions.
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The Press Council of India (PCI) and the News Broadcasters & Digital Association (NBDA) exist to regulate media but are often criticized for lacking enforcement power.
"The PCI exerts high moral authority but is sadly by and large an ineffective oversight body."
Muralidhar pointed out that the independence of both the media and the judiciary is essential for a functioning democracy.
"In order to be truly free and independent, the media in a democratic polity needs an independent judiciary. For an independent judiciary to remain effective in a democracy, it requires a free media."
The government's intolerance of criticism was evident in its response to the BBC documentary on the 2002 Gujarat riots and the blocking of Tamil magazine Ananda Vikatan's website over a satirical cartoon of the Prime Minister.
"This is totally contrary to the settled legal position that mere criticism of the government, even if ill-informed, is not anti-national. It cannot result in a chilling effect on free speech."
Additionally, the use of stringent laws like the Unlawful Activities Prevention Act (UAPA) and PSA against journalists further shrinks the space for dissent.
"The nation wants to know why in our republic, in India today, it is so hard to tolerate a healthy sense of humor, the ability to laugh at oneself, or take a dig at the government?"
While social media platforms have provided a voice to independent journalists, they have also become tools for spreading misinformation. The government's frequent takedown orders and censorship moves are seen as efforts to stifle dissent.
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Muralidhar welcomed the Bombay High Court’s ruling that rejected the government's attempt to control online fact-checking, calling it a positive step toward preserving digital freedom.
Despite increasing challenges, Muralidhar encouraged journalists to stay committed to truth and accountability. He highlighted the importance of global coalitions like the International Consortium of Investigative Journalists (ICIJ) in exposing corruption on a worldwide scale.
"The media in India has had to fight for its independence and freedom. Most print and electronic media operate on purely commercial lines, dependent on government advertisements, corporate sponsorships, and licensing."
He warned against the dangers of self-censorship, paid news, and the growing corporate influence on independent journalism.
"As Joseph Pulitzer cautioned, once a publisher comes to regard the press as exclusively a commercial business, there is an end of its moral power."
