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This is an archive article published on April 11, 2019

Trend of bias in some section of media: SC judge in Rafale order

Underlining the importance of freedom of press, he wrote, “If freedom is enjoyed by the Press without a deep sense of responsibility, it can weaken democracy. In some sections, there appears to be a disturbing trend of bias."

Rafale deal, SC rafale verdict, Congress on Rafale verdict, Rahul gandhi rafale order, reporting on Rafale deal, Rafale deal news, indian express Underlining the importance of freedom of press, he wrote, “If freedom is enjoyed by the Press without a deep sense of responsibility, it can weaken democracy. In some sections, there appears to be a disturbing trend of bias.”

WRITING A separate but concurring judgment in the Rafale matter, Supreme Court judge Justice K M Joseph on Wednesday lamented that “in some sections” of the media, “there appears to be a disturbing trend of bias”.

Underlining the importance of freedom of press, he wrote, “If freedom is enjoyed by the Press without a deep sense of responsibility, it can weaken democracy. In some sections, there appears to be a disturbing trend of bias. Controlling business interests and political allegiances appear to erode the duty of dispassionate and impartial purveying of information.”

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The judgment said the “press in India has greatly contributed to the strengthening of democracy in the country” and “will have a pivotal role to play for the continued existence of a vibrant democracy in the country”.

“…The visual media in particular wields power”, it said adding “reach… appears to be limitless” and “no segment of the population is impervious to its influence”.

“It must realise that its consumers are entitled to demand that the stream of information that flows from it, must remain unpolluted by considerations other than truth,” Justice Joseph wrote. “I would think that freedom involves many elements. A free person must be fearless. Fear can be of losing all or any of the things that is held dear by the journalist. A free man cannot be biased. Bias comes in many forms. Bias if it is established as per the principles which are applicable is sufficient to vitiate the decisions of public authorities. The rule against bias is an important axiom to be observed by Judges.”

The judgment said “equally the Press including the visual media cannot be biased and yet be free.”

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“Bias”, it explained, “ordinarily implies a pre-disposition towards ideas or persons, both expressions to be comprehended in the broadest terms” and “may stem from personal, political or financial considerations”.

“Transmitting biased information, betrays absence of true freedom. It is, in fact, a wholly unjustifiable onslaught on the vital right of the people to truthful information under Article 19(1)(a) which, in turn, is the bedrock of many other rights of the citizens also,” the judge wrote adding that “in fact, the right of the Press in India is no higher than the right of the citizens under Article 19(1)(a)and is traced to the same provision”.

“The ability of truth to be recognised by a discerning public in the supposedly free market place of ideas forms much of the basis for the grant of the unquestionable freedom to the Press including the Media Houses,” he wrote.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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