To Be Independent, Media & Judiciary Need Each Other : S Muralidhar

In a comprehensive analysis of India's press freedom landscape, Senior Advocate Dr S. Muralidhar, former High Court Chief Justice, has highlighted the persistent challenges faced by journalists and the media in the country. He flagged India's dismal ranking of 159 out of 180 countries in the 2024 World Press Freedom Index (WPFI) by Reporters Without Borders (RSF), a marginal improvement from 161 in 2023. Delivering the B G Verghese Memorial Lecture on 'Media, Courts and Freedom of Expression', he underscored the systemic issues plaguing India's media ecosystem, from internet shutdowns to the safety of journalists and the role of the judiciary. The event was held at the India International Centre in Delhi on March 21.Internet Shutdowns and the Chilling Effect on Free SpeechMuralidhar pointed to the frequent use of internet shutdowns as a significant barrier to press freedom. The Supreme Court's 2020 judgment in Anuradha Bhasin v. Union of India, which ruled that internet shutdown orders must not be disproportionate, has seen little enforcement. Despite court directives, the government has continued to impose shutdowns, particularly in conflict-prone regions like Jammu and Kashmir, where journalists face severe restrictions on their ability to report."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. India, Iran, Myanmar and Ukraine are among the countries with the highest number of internet shutdowns in 2022 and 2023. According to an Access Now report 2024 saw 294 internet shutdowns globally and India accounted for 84 of these at 28%."Safety of Journalists: A Growing ConcernThe safety of journalists remains a critical issue. In 2023 alone, five journalists were killed, and 226 were targeted, with state actors responsible for 148 of these cases. Delhi emerged as the most dangerous region for journalists, with 51 targeted by state agencies. Recent incidents, such as the brutal attack on Odisha-based journalist Jyotiranjan Mohapatra and the beheading threat received by Nagpur journalist Vinay Pandey, highlight the perilous environment for press professionals. Journalists covering sensitive issues like environmental crimes or political corruption often face the brunt of violence and intimidation."Stopping journalists of them from travelling abroad, at the last minute, while they are set to board a plane, has also been happening with regular frequency. While Rana Ayyub could get the Delhi High Court to come to her rescue when she was set to travel to Europe to deliver talks on violence against women journalists, Sanna Irshad Mattoo, a Kashmiri photojournalist who won a Pulitzer Prize was in October 2022 stopped at the Delhi airport despite having a valid US visa and prevented from receiving the prestigious award in New York. No reasons were given. Fahad Shah, Sajad Gul, Aasif Sultan and Majid Hyderi are some of the other Kashmiri journalists who have faced arrests under draconian criminal law provisions including the Public Safety Act and have been released after long periods of incarceration," he said.While the legal framework for media regulation exists, its effectiveness is questionable. The Press Council of India (PCI) and the News Broadcasters & Digital Association (NBDA) have been criticized for their lack of enforcement power. Commenting on the PCI, Muralidhar said : "The PCI exerts high moral authority but is sadly by and large an ineffective oversight body. When its website prominently displays the PM's Pariksha Pe Charcha programme urging viewers to 'join the event and get unique tips' from him, it raises eyebrows."Although the NBDA does adjudicate complaints and pass orders, these are often not complied with, making self-regulation a meaningless term.Media and Judiciary require each other to be free and independent Muralidhar emphasized the need for an independent judiciary to safeguard press freedom, noting that the judiciary itself relies on a free media to hold it accountable."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."Government Crackdown on DissentThe 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 for publishing a satirical cartoon of the Prime Minister. Muralidhar criticised the Madras HC order asking Vikatan to remove its Modi-Trump cartoon as a condition to lift the blocking of its website.. "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," he said.These actions, coupled with the use of draconian...

To Be Independent, Media & Judiciary Need Each Other : S Muralidhar

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The media in India has had to fight for its independence and for its freedom, he said.

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