India is a diverse nation with a rapidly evolving media landscape. The press plays a critical role in this democracy by ensuring the free flow of information and acting as an important check on power. However, the freedom of press in India is grappling with several challenges, with one significant issue being the protection of journalistic sources.
Legal Protection for Journalistic Sources in India
Despite the pivotal role journalists play in society, there is no specific legislation in India that protects them from being compelled to disclose their sources. This comes into light following a recent case where a Delhi court rejected a closure report filed by the Central Bureau of Investigation (CBI). It underlined that there are no statutory exemptions for journalists from revealing their sources to investigative agencies. However, it should be noted that Article 19 of the Constitution does guarantee all citizens the right to freedom of speech and expression, which becomes pertinent in such cases.
Global Legal Protection for Journalistic Sources
Contrarily, countries like the United Kingdom, United States, and Sweden have specific laws safeguarding journalistic sources. For instance, the UK’s Contempt of Courts Act 1981 leans in favour of journalists protecting their sources’ identity, provided it serves the “interest of justice”. Similarly, US has shield laws in several states despite the Supreme Court ruling that journalists do not have the right to refuse to testify and disclose sources. Sweden’s Freedom of the Press Act offers broad protection for journalists and even extends these rights to state and municipal employees sharing information with journalists.
Constitutional Provisions Related to Press Freedom in India
The right to freedom of speech and expression is enshrined in India’s Constitution under Article 19. While the Indian legal system does not explicitly protect the freedom of the press, it is implicitly protected under article 19(1) (a) of the Constitution. However, this right isn’t absolute and faces restrictions under article 19(2) concerning national sovereignty, state security, public order, decency, morality, contempt of court, defamation, incitement to an offence, among others.
Legal Opinions on Journalistic Sources Protection
Indian courts’ stand on the protection of journalistic sources has varied. The Supreme Court recognizes the freedom of the press, including the right to protect sources. This was articulated during the Pegasus spyware investigation in 2021. Moreover, the Press Council of India (PCI) Act,1978 empowers the Press Council to handle complaints related to violations of journalistic ethics or professional misconduct. However, this Council cannot compel a journalist to reveal their sources during proceedings.
The Role of Press Council of India
Established first in 1966 and then re-established in 1979, the Press Council of India is a quasi-judicial autonomous authority. It preserves the freedom of the press by maintaining and improving standards of newspapers and news agencies in India. Structurally, it comprises a Chairman and 28 members. Despite being the only body to exercise authority over state instruments in safeguarding press independence, it cannot force a journalist to disclose sources.
Recommendations for Statutory Changes
The Law Commission of India in its 93rd Report in 1983 recommended recognising journalistic privilege through amendments to the Indian Evidence Act, 1872. The proposed insertion would restrict courts from requiring a person to disclose the sources of information contained in a publication where such information has been obtained on the agreement or understanding that the source will be kept confidential. Despite the weightage of this recommendation, it is yet to be implemented.
