Authored By: Arya Umrikar
Symbiosis Law School Pune (Incoming Student)
Introduction
“Knowledge is like money: to be of value it must circulate, and in circulating it can increase in quantity and, hopefully, in value.”
This proverb, quoted by Louis L’Amour, captures a simple truth: knowledge must be circulated and disseminated to truly grow in worth. For ages, journalists and scholars have been credited with spreading knowledge to humanity.
The media has always been a vital part of Indian civilization, used as a way of disseminating information and opinions throughout the region. Since ancient times, vibrant and fluid oral traditions have been central to India’s diverse culture. Narrations, storytelling, poetry, and folk performances were crucial to the formation of that culture, and language allowed ideas to move from one community to another with greater ease.1 Written media emerged with the earliest scripts, Brahmi and Kharosthi, where it served as a tool for communication and social welfare. During the medieval period, media evolved further as a foundation for knowledge and intellectual discourse.
It was during the colonial era, however, that journalism took a decisive leap forward, with the launch of India’s first newspaper, Hicky’s Bengal Gazette, and the establishment of the country’s first printing press. Influential figures such as Bal Gangadhar Tilak and Dadabhai Naoroji used the press as a tool to unite the country and instill a spirit of patriotism among its citizens. Historical laws such as the Censorship of Press Act and the Vernacular Press Act played key roles in shaping the legal frameworks that followed. After independence, the media continued to shape public perception of the nation, and the Constitution of India, adopted in 1950, guaranteed the right to freedom of speech and expression under Article 19(1)(a) — a provision that remains the bedrock of India’s media landscape today.
This article traces how India’s media-related legal frameworks have evolved from the ancient and medieval eras through to the present day. Through a detailed analysis of colonial-era laws and landmark judgments, it examines the evolution of press freedom in the country, drawing on case law and legislative history to build a multifaceted picture of that evolution.
Historical Overview of the Evolution of Media
Media has been an important part of Indian civilization since the ancient and medieval eras, used to disseminate information, communicate ideas, and support public and intellectual discourse.2 To better understand journalism’s evolution in the country, it helps to divide its history into two parts: the ancient and medieval period, and the colonial era.
The Ancient and Medieval Period
The ancient and medieval period had a tradition of storytelling, cultural manuscripts, inscriptions, and literary works that formed the foundation for the evolution of media in the country. Though no specific law governed the media at that time, several societal norms shaped journalism instead. Understanding the traditions and culture of this period is essential to understanding the legal frameworks that followed.
During the ancient period, oral tradition was the main form of communication among the people, with storytelling and narratives playing a significant role in passing down knowledge and culture across generations. With the advent of written scripts such as Brahmi and Kharosthi, written media began to emerge. The Ashokan inscriptions of the 3rd century BCE, mostly written in the Brahmi script, were used for public discourse and to spread information about government policies and social welfare.3 Written media flourished further in the medieval era, with scholars such as Amir Khusro, who blended Persian styles with Hindavi vocabulary, and Abul Fazl, whose meticulous documentation produced the Ain-i-Akbari.4
Colonial Legislative Frameworks
The colonial era had a profound impact on journalism in India, marked by the advent of print media, the vernacular press, and the establishment of newspapers and journals across the country. James Augustus Hickey’s Bengal Gazette was the first English-language newspaper published from the Indian subcontinent. Later newspapers such as Amrita Bazar Patrika, Bande Mataram, and Young India played an important role in spreading the revolutionary ideas of swaraj (self-rule) and ahimsa (non-violence). They mobilized public opinion, reported on political developments and mass atrocities, and fuelled a growing sense of patriotism and nationalism among the people. In response, the British enacted a series of laws intended to curb the press’s growing influence.
1. Censorship of Press Act, 1799
Enacted by Lord Wellesley following the French invasion of India, this law imposed strict pre-censorship requirements: every newspaper had to print the names of its editor, printer, and proprietor, and submit its content to the Secretary of Censorship. The Act was later relaxed under Lord Hastings.
2. Licensing Regulations, 1823
Enacted by John Adams, this law aimed to curb growing nationalism among the youth and strengthen British control over the country’s newspapers. Every publisher needed a government-issued license, and operating without one carried a fine of four hundred rupees. The government retained complete control over licenses and could cancel them at any time. This Act was later repealed by Charles Metcalfe.
3. Press Act of 1835
The Press Act of 1835, enacted by Charles Metcalfe and often called the “liberator of the press” act, repealed the Licensing Regulations of 1823. During this period the press flourished and expanded rapidly, with several new newspapers emerging, including Bombay Samachar and Samwad Kaumudi, both of which played a significant role in mobilizing public opinion.
4. Vernacular Press Act, 1878
Enacted by Lord Lytton, the Vernacular Press Act — also known as the “Gagging Act” — was one of the most repressive measures ever taken against the Indian press. It was introduced as a response to seditious writings by Indian revolutionaries and gave the British government sweeping, arbitrary powers to control the press.
Its key provisions included:
- Any seditious or doubtful material could not be published without government permission, and the presiding magistrate’s decision was final and non-appealable.
- The magistrate had the power to penalize vernacular newspapers and forfeit their security deposits.
- Publishing any signs or visual representations not submitted to, or objected to by, the government was a punishable offence, carrying up to six months’ imprisonment, a fine, or both.5
The Act was ultimately repealed by Lord Ripon.
5. The Indian Press Act, 1910
The Indian Press Act, 1910, empowered the government to demand security deposits from publishers and to ban publications that spread anti-colonial sentiment — a further attempt by the British government to suppress dissent among Indian citizens.6
Taken together, the evolution of media in colonial India was fraught with obstacles and repression. Throughout the freedom struggle, the press remained a vital tool for instilling nationalism and patriotism, galvanizing youth movements, and spreading the ideas of swaraj and ahimsa that formed the bedrock of India’s independence movement. Revolutionary figures such as Bal Gangadhar Tilak and Gopal Krishna Gokhale used the media to spread their ideas and inspire a generation to join the freedom struggle — mobilizing public opinion, fostering unity, and challenging colonial rule.
Post-Independence Constitutional Reorientation
India’s post-independence era marked a transformative shift away from repressive colonial regimes and toward a robust legal framework for protecting press freedom. The media is often referred to as the “fourth pillar of democracy,” keeping a check on the executive, legislature, and judiciary and creating a broader system of public accountability. Under Part III of the Constitution, Article 19(1)(a) recognizes the right to freedom of speech and expression, subject to reasonable restrictions.7 This fundamental right recognizes citizens’ ability to share information, express dissent, and shape public opinion, and the freedom of the press forms an intrinsic component of it.
Article 19(1)(a) is understood to include several distinct rights:
- Freedom to spread information
- Freedom to criticize
- Freedom to broadcast
- Freedom to report on court and legislative proceedings
These rights form the pillars protecting press freedom in India and are essential to the functioning of its democracy. That said, they remain subject to reasonable restrictions under Article 19(2) — covering the sovereignty and integrity of the state, public order, contempt of court, morality, relations with foreign states, incitement to an offence, and defamation — designed to strike a balance and maintain harmony between free expression and other public interests.8 In 1978, the Press Council of India was established to safeguard press freedom and ensure media accountability. It oversees the functioning of the press as a moral watchdog and has formulated the Norms of Journalistic Conduct, a code of conduct for newspapers and journalists.9
Judicial Development of Media Freedom
Although the Constitution does not explicitly mention “freedom of the press,” the judiciary has repeatedly affirmed it as part of Article 19(1)(a) through a series of landmark cases. Among these, Romesh Thappar v. State of Madras (1950) was the first to establish that freedom of the press falls within the broader right to freedom of speech.10
Romesh Thappar v. State of Madras (1950)
Facts
The petitioner was the printer, publisher, and editor of a weekly journal called Cross Roads, printed and published in Bombay. The respondent, the Government of Madras, banned the journal’s entry and circulation within the state under Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949. Aggrieved by the order, the petitioner approached the Supreme Court, arguing that it infringed his fundamental right to freedom of speech.11
Issues
- Whether the order under Section 9(1-A) of the Madras Maintenance of Public Order Act violated the fundamental right to freedom of speech and expression under Article 19(1)(a).
- Whether the order fell within the scope of the reasonable restrictions permitted under Article 19(2).
- Whether the impugned order was void for violating fundamental rights under Article 13(1) of the Constitution.
Judgment
The Court ruled that the order violated Article 19(1)(a), as it restricted the right to freedom of speech and expression. It held that this right necessarily includes the freedom of the press and the freedom to circulate ideas. Applying the doctrine of severability,12 the Court declared Section 9(1-A) of the Madras Maintenance of Public Order Act ultra vires for violating the provisions of Part III of the Constitution.
Significance
Romesh Thappar v. State of Madras stands as a landmark judgment in the evolution of press freedom in India. By ruling that freedom of the press is an integral part of freedom of speech and expression under Article 19(1)(a), the Supreme Court underscored the press’s importance in Indian democracy as a watchdog against arbitrary state action. The judgment laid the foundation for protecting media independence in India and remains a significant milestone in the recognition of press freedom.
Contemporary Challenges in Media Regulation
Journalism has undergone significant transformation in recent decades, and its evolution continues to be shaped by new pressures well beyond the colonial-era repression described above. One of the most pressing issues today is declining public trust, driven by the growing spread of misinformation and fake news; audiences have become increasingly sceptical of the information they consume across different media sources. At the same time, digital media has overtaken print in recent decades, disrupting traditional media business models.13 As a result, journalists must build digital literacy and adapt to the realities of social media platforms. The ease of distributing and duplicating information and products across borders in the digital economy also raises serious questions around copyright, encryption, taxation, trademark protection, and the regulation of currencies and financial markets.14 Journalism today stands at a crossroads: the challenges are real and intensifying, but evolving legal frameworks continue to offer a path forward.
Conclusion
The historical evolution of media law in India has been a dynamic process, shaped by obstacles and repression over the decades. From the restrictive, authoritarian frameworks of the colonial era to the constitutional recognition of freedom of speech and expression under Article 19(1)(a), the transformation has been profound. While challenges around public trust and accountability persist amid rising misinformation and fake news, evolving legal frameworks continue to point toward a promising future. Moving forward, India’s media law should pursue a more balanced and adaptive approach — one that protects freedom of speech while maintaining accountability and encouraging responsible journalistic practice. As the “fourth estate,” the media remains essential to a functioning democracy, playing a central role in circulating information and shaping public opinion. Clear digital governance policies can help address these emerging concerns, ensuring that media’s multifaceted role continues to serve modern governance and democracy well into the future.
Reference(S):
1. Marshall McLuhan, Understanding Media: The Extensions of Man 84–85 (McGraw-Hill, 1st ed. 1964).
2. Press Council of India, The Role of Media in Present Day Context, https://presscouncil.nic.in/Pdf/MEFI_46th.pdf.
3. Thora Brylowe & Stephen Yeager eds., Old Media and the Medieval Concept: Media Ecologies Before Early Modernity 11 (1st ed. 2021).
4. Abul Fazl-i-Allami, Ain-i-Akbari vol. II, 2–3 (H.S. Jarret trans., Sir Jadunath Sarkar ed., 2d ed. 1949).
5. The Vernacular Press Act, 1878, § 4.
6. Bipan Chandra et al., India’s Struggle for Independence 1857–1947, 210–211 (Penguin Books, 1st ed. 1989).
7. India Const. art. 19, cl. 1(a).
8. India Const. art. 19, cl. 2.
9. The Press Council Act, 1978, § 13(b) [citation to verify].
10. Romesh Thappar v. State of Madras, AIR 1950 SC 124 (India).
11. Romesh Thappar v. State of Madras, MANU/SC/0006/1950, https://www.manupatracademy.com/legalpost/manu-sc-0006-1950.
12. William Baude, Severability First Principles, 109 Va. L. Rev. 1, 43 (2023).
13. Bennett University, 5 Key Challenges Journalism Faces Today, https://www.bennett.edu.in/media-center/blog/5-key-challenges-journalism-faces-today/.
14. Regulatory Challenges Faced by Media in the Emerging Internet Media Involvement, https://web.archive.org/web/20160103041748/http://www.isoc.org/inet2000/cdproceedings/8b/8b_1.htm.
