New Delhi: In a scathing critique of the state of press freedom in India, retired Justice S Muralidhar delivered the B G Verghese Memorial Lecture at the India International Centre in New Delhi.
His lecture, titled, ‘Media, Courts, and Freedom of Expression,’ challenged the government’s claims of a “robust and flourishing press,” citing international indices and specific instances of state overreach.
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Justice Muralidhar began by referencing the 2024 Reporters Without Borders (RSF) World Press Freedom Index, which ranked India 159th out of 180 countries.
He dismissed the Union I&B Minister Ashwini Vaishnav’s dismissal of the RSF report as unreliable, stating that the minister’s claims of increased registered newspapers and satellite channels did not equate to genuine press freedom.
“The government’s reaction to international reports that paint an unflattering picture of our country is disappointing,” Justice Muralidhar said, pointing to the HDI Report, the Social Progress Report, and the World Hunger Report, among others.
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Justice S Muralidhar also delved into specific cases that highlighted the restrictions on press freedom, particularly focusing on internet shutdowns.
He cited the prolonged internet blackout in Jammu & Kashmir following the abrogation of Article 370 in 2019. He criticized the Supreme Court‘s handling of the Anuradha Bhasin v. Union of India case, stating that while the court acknowledged the importance of internet access as a fundamental right, its directives were not effectively implemented.
“Internet shutdown orders are now almost routinely issued throughout the country, during farmers’ protests, Manipur violence, and even during exams. These orders are not in the public domain and so remain inaccessible and unchallenged,” he stated, noting that India accounts for a significant portion of global internet shutdowns.
Justice Muralidhar further raised concerns about the physical safety of journalists, referencing the India Press Freedom Annual Report, which documented numerous attacks, arrests, and harassment of journalists by both state and non-state actors.
He highlighted specific incidents, including the attack on journalist Jyotiranjan Mohapatra in Odisha and the threats against Vinay Pandey in Nagpur.
“The legal framework under which the media operates in this country includes the formal statutory body, the Press Council of India, which exerts high moral authority but is sadly by and large an ineffective oversight body,” he said. He also slammed the News Broadcasters & Digital Association for its ineffective self-regulation.
He emphasized the vital role of an independent judiciary in safeguarding press freedom, while also stressing that a free media is essential for an effective judiciary. He criticized the frequent use of contempt of court charges, stating that it has a “chilling effect” on the freedom of the press.
Justice Muralidhar addressed the rise of social media and the challenges it poses, including the spread of disinformation and the use of AI-generated content. He warned against the dangers of unchecked social media and the increasing trend of government and court-issued take-down and gag orders.
He further critiqued the government’s actions against media outlets critical of its policies, citing the BBC documentary controversy, the Pegasus spyware case, and the blocking of the Ananda Vikatan website. He asserted that “criticism of the government is not anti-national.”
Justice Muralidhar lamented the decline of independent journalism, attributing it to corporate ownership, political alignment, and commercial pressures.
“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,” he said.
He noted the absence of non-curated press conferences by the Prime Minister, signaling a lack of accountability.
“The big challenge then is to keep the news free,” he concluded, urging for a renewed commitment to safeguarding press freedom in India.