No Law* to Regulatory Regime: The Transition and India's Experience with the Press Council of India

Abstract

Freedom of expression, whether on the traditional press and broadcasting media, or through the new electronic media, remains of fundamental importance to the workings of the liberal democracies; indeed, it is impossible to see how a democracy could exist without a free, pluralist media for the dissemination of information and the discussion of political and social affairs. But the free press does not entail the complete absence of law and regulations. Laws are needed to balance the competing interests of the media and the public. To a large extent, the media exercises self-restraint as there exists questions of legitimate public concern. The silence of US media about John F. Kennedy’s sexual affairs, both while he was a candidate for the Presidency and later while he occupied that office, and of the English newspaper’s silence about Churchill’s health during the Second World War is often quoted when we debate about the maturity of media. But today, the situation is very different. Revelations about the private life of celebrities and public figure, and the increasing misuse of freedom has raised question as to how much free is, free media? The citizens in many advanced liberal democracies guaranteeing Free Press has started questioning: Are the newspapers and the channels immune? Can media activism endanger reputation, privacy, or even safety of individuals? To what extent is this freedom unfettered as to endanger the dignity of those individual, whom they inform and entertain? Or putting it straight- Do freedom of press necessarily implies freedom of newspaper and electronic channels?