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Press Rights

Freedom of the press in India flows from Article 19(1)(a), which guarantees freedom of speech and expression. The press may gather news, publish it, and circulate it. Readers have a matching interest in receiving information on public affairs. These freedoms are not absolute. Article 19(2) allows reasonable restrictions in the interests of the sovereignty and integrity of India, security of the State, public order, decency, morality, contempt of court, defamation, and incitement to an offence.

A journalist has the same protection as any citizen against illegal arrest, assault, and seizure of equipment. Prior restraint on publication is exceptional. Criticism of government policy is lawful. What is not lawful is publishing material that is defamatory, that reveals the identity of a sexual-offence survivor, or that interferes with a fair trial.

What press freedom covers

  • The right to print, broadcast, and publish online without a government licence for ordinary news reporting.

  • The right to attend open court proceedings and report them fairly, subject to any specific order of the court.

  • The right to seek information from public authorities under the Right to Information Act, 2005, except where an exemption applies.

  • Protection against disclosure of a survivor’s identity in sexual-offence cases, under Section 72 of the Bharatiya Nyaya Sanhita and earlier Section 228A of the Indian Penal Code.

  • A remedy before the Press Council of India for unethical reporting, and before the courts where a fundamental right is violated.

NHRCCB assists media persons who are stopped from reporting a public event, threatened for a lawful story, or denied information that the law requires a public office to give. The Bureau also reminds publishers of their duty not to harm the dignity of victims and accused persons while a case is pending.

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