The Indian Press has to maintain secular credential while discharging public function; Kerala HC

The High Court of Kerala, considering a case (Inter Media Publishing Ltd vs. State of Kerala - WP(C).No. 10727 of 2013) where a Malayalam newspaper by name “Thejass” was denied Governmental advertisements on the ground of it propagating extremist ideology and thereby creating communal divisions in the Society at large, has in a pellucid judgment observed that the Indian Press has to maintain secular credential while discharging public function, and that their actions must be in conformity with secular values of the State as envisaged in the Constitution. The Court also added that any attempt on the part of the Press to divide the people and country on the line of religious or communal hostility will have to be curbed by any responsible GovernmentIn an exhaustive judgment, Justice A. Muhamed Mustaque adverted to the freedom of Press, its nature of function, limitation on operational freedom of Press, test to classify freedom of press for control and action, and the scope of judicial review of the decisions related to security of the State, and Indian, British and American precedents and authorities on the point and said: “Any negative approach by Press denouncing fundamental constitutional values such as secularism will have a cascading effect on public reasoning to impair the collectivity, integrity and unity of the nation. The registration under the PRB Act 1867 must be exercised by the Press for the good governance envisaged under the Constitution. Press has to strive for participation of average or ordinary citizen in democratic process with the aim to create a responsibility on them to maintain democratic and constitutional values of State polity. Media or Press must be able to promote such values unregulated with the above objectives. However, their freedom must be stopped when it indulges in polarisation of freedom of thought of citizen on religious line or communal line which is anti-thesis to social or political ethoses of the society intended to be created under the Constitution. Any attempt on the part of the Press to divide the people and country on the line of religious or communal hostility will have to be curbed by any responsible Government.”The ruling came in the following factual matrix: A writ petition was filed in the Kerala High Court by the publisher of 'Thejass', a Malayalam news daily, aggrieved by the denial of Governmental advertisements in their newspaper.The petitioner contended that the State has withdrawn the advertisements to the newspaper “Thejass” without any justifiable reasons and that the decision of the Government was without affording an opportunity of being heard.The State's version for denial was on the ground that all the main Directors of Thejass, except one Director, are former activists of the Students Islamic Movement of India, a banned organisation and are acting as the main leaders of the Popular Front of India (for short, “PFI”). The State also contended that the editorial policy of “Thejass” is based on the ideology of PFI which has a clandestine agenda of islamisation of society by promoting conversion, communalisation of issues with a view to the benefit of Islam, recruitment and maintenance of a branded committed indoctrinated muslim youth for undertaking actions including selective elimination of persons, who in their perception are enemies of Islam.The State further contended before the Single Judge that PFI utilises “Thejass” daily to propagate its extremists ideology among its readers and various news items published in Thejass daily clearly expose communal agenda and therefore, the State is of the view that Thejass is acting as a catalyst for polarisation and is creating communal divisions in the Society at large.Dealing with the nature and function of the Press, Justice Mustaque held that the registration of the Press under the PRB Act 1867 and the control exercised by the Press Council under the PCI Act 1978 is clearly indicative of the public function discharged by the Press. The High Court said: “Press function though a private activity, is having public element and is also bound by the standards applicable to the State in respect of the dissemination of information and reporting. The functional duties discharged by the Press also postulate that it discharges public function..The Press functions for collective benefit of the public. The reporting of information and circulation of ideas through Press thus, have the public element”. With respect to the limitation on operational freedom of Press, Justice Mustqaue opined that the Press has inherent limitation on their freedom based on the criteria of restriction under Article 19(2) of the Constitution. The High Court of Kerala held that the Press is also having same freedom as available to the individual but added the caveat that though seemingly individual freedom and freedom of Press appears to be one and the same, it has a significant difference while such freedom is practised. ...

The Indian Press has to maintain secular credential while discharging public function; Kerala HC

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