CJI DY Chandrachud while deliberating on Supreme Court's recent judgment that quashed the telecast ban on Malayalam news channel MediaOne imposed by the government last year, commented that national security cannot be used as an excuse or plea to deny citizens their rights and is "incompatible" with the rule of law.
Earlier, the CJI in his keynote address at the illustrious Ramnath Goenka Excellence in Journalism Awards (2023), expounded upon the pivotal role that a free and unfettered press plays in a vibrant democracy. Without a doubt, the survival of the latter is contingent upon the former.
Nonetheless, the current state of affairs, characterised by the chilling and oppressive curtailment of speech and the intimidation of journalists and media establishments, presents a pressing conundrum and begs the question: Does India truly possess freedom of the press?
The article, to examine aspects of the question of ‘freedom of press’ in India, dwells into:
1. Analysing the current structure of regulations that govern Press Media and Digital Journalism.
2. The expounded powers with IOs (“Investigation Authorities or Officers" ) to search media outlets through the BBC Case and
3. Putting forth the need for legal impunity to protect Journalists and Media outlets from undue harassment and attacks.