Contextualising the situation by flagging 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. Justice S Muralidhar was delivering the B G Verghese Memorial Lecture on ‘Media, Courts and Freedom of Expression’, and he stressed on 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 last week, on March 21.

Safety of journalists, media persons: a major concern

The safety of journalists today remains a critical issue. Two years back, 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, especially those exposing or 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.

Muralidhar focussed on the fact that, 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 one another to be free and independent

Muralidhar emphasised 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.”

Internet shutdowns and chilling impact on free speech

Muralidhar also raised the issue of the habitual and 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%.”

Government’s crackdown on dissent

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 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.

Mentioning these controversial actions, coupled with the use of draconian laws like the Unlawful Activities Prevention Act (UAPA) and the Public Safety Act (PSA) against journalists, have raised concerns about the shrinking space for dissent.

“The nation wants to know why in the times now, in our republic, in India today, it is so hard to tolerate a healthy sense of humour, the ability to laugh at oneself, or take a dig at the government?,” he asked.

He also lamented that take-down orders and gag orders by the State and by the courts, at all levels, have become commonplace. “Ironically, fact-checkers who call out fake news are accused of spreading harm!” he sighed.

Role of social media and misinformation/disinformation

Touching on a vital issue, Muralidhar spent time on the deleterious effect of social media, who’s rise has added another layer of complexity to India’s media landscape, Muralidhar stressed on the dichotomy. While social media does provide a platform for independent voices, it has also become a breeding ground for misinformation and disinformation. Muralidhar warned against the government’s attempts to control online content through take-down orders and gag orders, which could stifle genuine dissent. He cited the Bombay High Court’s ruling against the government’s move to become the exclusive fact-checker as a step in the right direction.

Finally, Muralidhar concluded by urging journalists to remain steadfast in their pursuit of truth, despite the challenges. He highlighted the importance of global coalitions like the International Consortium of Investigative Journalists (ICIJ), which have exposed corruption and illicit activities on a global scale.

“The media in India has had to fight for its independence and for its freedom. It is a fact though that much of the mainstream print and electronic media are either owned by large corporate houses or by political parties. Both print and electronic media operate on purely commercial lines dependent as they are on government advertisements, licences and permissions, corporate sponsorships, commercials. These very media houses also have their corresponding web versions. And 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. Self-censorship, paid news, advertorials, large self-promoting ads of governments on several front pages, vying for greater TRPs at the risk of fudging data, are all now passe. There is also the control through sponsorship of the independent press on the net by corporate philanthropies. The big challenge then is to keep the news free,” he said.

Despite the general decline in media independence, Muralidhar said that certain encouraging signs emerged occasionally, giving hope to the future of journalists.

“And occasionally, tucked away in the corners of the print and electronic media, there is space yet for the investigative and critically analytical pieces of fearless and independent reporters, some of whom are being honoured today. Their courage and conviction will undoubtedly inspire generations of reporters. They need not just our admiration, but importantly, our support. They are our hope for a free and independent press, an impartial and trusted media, in the India of the future.”

He also called on the judiciary to embrace criticism and uphold the principles of free speech, as articulated by Lord Denning: “We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.”

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The post For us to be truly free & independent, both media & judiciary need one another: (Justice) S Muralidhar appeared first on SabrangIndia.

The mandatory appeal filed by Media Swaraj was brief and filed on the prescribed format. The channel informed Sabrang India that “We have been following all rules and guidelines and see no valid reason for this drastic action. We have filed an appeal against this decision and requested them to restore the channel.”

Ram Dutt Tripathi, senior journalist and with the BBC for 21 years is the founder and anchor of the channel, Media Swaraj news YouTube channel that is being run on the principles of Public Service Journalism and has been following rules and guidelines. The focus of the platform is politics, democracy, rule of law, health and environment. The channel has been terminated by the YouTube on 7th February around 4 pm.

Media Swaraj and Ram Dutt Tripathi received the intimation of the unilateral termination by email and an appeal has been filed on prescribed format. The news has come as a shock to Media Swaraj listeners and subscribers. People are expressing their support and solidarity. Tushar Gandhi, great grandson of Mahatma Gandhi is one among them. On the afternoon of Thursday, Media Swaraj received an email that the channel has been restored.

Founders have no claim, traitors and deserters have ownership rights in politics in India #Shiv_Sena #NCP #ECI

— Tushar GANDHI (@TusharG) February 6, 2024

In solidarity with #Media_Swaraj You Tube shame on you for suspending an independent media channel for doing their job without partiality. #Free_Media_Swaraj

— Tushar GANDHI (@TusharG) February 7, 2024

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The post YouTube strikes again, independent channel Media Swaraj, critical of regime shut down without notice, back on after outrage appeared first on SabrangIndia.

Interview with Paranjoy Guha Thakurta
Interviewed by Anoushka Mathews Produced by Newsclick Team,

During the Emergency, it was said that when the media was asked to bend, they crawled. But what we see today is much worse – a situation where the mainstream media is crawling without even being asked to bend. Primetime slots are full of news about the IPL, and updates on the lives of celebrities and political leaders, while real issues such as farmers’ suicides, economic crisis etc. are taking a backseat. In this interview, NewsClick talks to senior journalist Paranjoy Guha Thakurta about the changing trends in Indian media, and the threat these trends pose to independent media in the country. 

Courtesy: News Click

The post What Is Future of Independent Media in India? appeared first on SabrangIndia.