Freedom of expression has been one of the most cherished ideals of our democracy. It is undeniably one of the most important pillars of our democracy. Nevertheless, the role of the media in using this freedom of expression has created a few problems for quite some time now. It has to be made abundantly clear how important Freedom of Speech and Expression is for us. It is enshrined in our Constitution by giving it the place of the first liberty under Article 19(1)(a). It was termed as the ‘mother of all liberties’ by the India Second Press Commission. As per India’s Apex Court’s Doctrine of Implied Fundamental Rights, a right does not have to be expressly mentioned in the Constitution for it to be treated as fundamental. The Doctrine of Implied Rights can have corollary when we see Right to Information as an important facet to the Freedom of Speech and Expression. Movies based on someone’s life story look like an innocent way to glorify someone’s life struggles on their path to glory but it can be shamelessly intrusive when the same thing is done based on someone’s suffering. Media as an industry has established its foothold in the executive as well as the legislative machinery. 

It is natural to come to the next logical step in a discussion surrounding Right to Information and freedom of speech to think about the modicum of such information. The information does not travel in a vacuum when we talk about how it influences public perception. In the famous case ‘State of U.P. v. Raj Narain’, the Court made it clear how important it is for the citizens to get to know vital information about their democracy and society. The judgement had these important lines which need to be highlighted: 

“They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security.” 

Participation in democracy becomes a charade if the media does not have the freedom to deliver information. The most important pillar of a democracy. Over the years there have been some important milestones on Indian media’s journey. The first judicial milestone was the case, ‘Romesh Tapper v. the State of Madras’. In the given case, Madras High Court’s order prohibited the circulation of a journal citing reasons such as ‘public order’ and ‘safety’. This bogus order was struck down by the Apex Court, rightfully hailing the Fundamental Right. A very similar case, ‘Brij Bhushan v. the State of Delhi’, in which by an order of the government, it was made mandatory for publishers to first submit all potentially ‘communal content’ portraying Pakistan to the government for them to screen it. This order was again struck down by the Apex Court, declaring it to be violative of fundamental rights. In the modern era, the case of ‘Cricket Assn. of Bengal’ made it amply clear that every citizen of the sub-continent has the right to broadcast any event through electronic medium or any other medium for that matter. Furthermore, it was stated by the court that the government cannot have a monopoly over any kind of media.