Knowledge Nugget | Why horizontal application of fundamental rights is in news?

In this context, let’s know what vertical and horizontal applications of rights are and understand the right to freedom of speech and expression.

Key Takeaways:

1. A two-judge bench of the High Court upheld a single-judge’s order from 2013 directing TV Today Network to pay Rs 5 lakh in compensation for broadcasting details that could identify a minor victim of sexual assault. 

2. The judgment, authored by Justice C Hari Shankar on behalf of himself and Justice O P Shukla, laid down legal principles that carry implications for press freedom, the right to privacy, and the avenues through which citizens can sue the media. 

3. The court ruled that the media, even when privately owned, discharges a “public function”. Referring to previous Supreme Court judgments, it reasoned that the media’s role in disseminating news and shaping public opinion is so central to society that it constitutes a public function. 

4. Noting that it would be “unrealistic to hold that the media… do not perform any public function”, the court held that this role carries an inherent “public duty to ensure that the rights of the public are not prejudiced or injured by the manner in which such public function is performed”.

5. Based on this, the court applied the fundamental right to privacy horizontally. While fundamental rights are typically applied vertically — meaning a citizen enforces them against the government — horizontal application allows a citizen to enforce these rights against a non-State actor. 

6. Notably, a Constitution Bench of the Supreme Court had, in the 2023 Kaushal Kishor judgment, established this principle, ruling that certain fundamental rights can be enforced horizontally against private individuals.

7. The Delhi High Court has now extended this principle specifically to the right to privacy against the press, holding that the channel’s broadcast, aired without consent, was an illegal intrusion into the victim’s privacy, justifying the award of monetary compensation in a writ court. 

What are vertical and horizontal applications of rights?

—  A vertical application of rights would mean it can be enforced only against the state while a horizontal approach would mean it is enforceable against other citizens. For example, a horizontal application of the right to life would enable a citizen to bring a case against a private entity for causing pollution, which would be a violation of the right to a clean environment.

Do you Know? Fundamental rights such as those prohibiting untouchability (Article 17), trafficking and bonded labour (Article 23) are available against both the state and other individuals.

What is Right to Privacy?

1. In August, 2017, a nine-judge bench of the Supreme Court of India in K. Puttaswamy v Union of India Case ruled unanimously that  “the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution”.

2. The Right to Privacy has emerged at the center of various controversies in recent years, yet its explicit definition remains unclear in many cases.

3. Alok Prasanna Kumar writes- Three elements are considered as the core to the right to privacy: Personal autonomy, the freedom to make choices and the right to determine what happens with information about oneself.

What is the Right to freedom of speech?

1. Article 19(1)(a) in Part III of the Constitution of India guarantees all citizens the fundamental right to freedom of speech and expression.

2. It is available only to citizens and not to foreigners. Article 19 (1) provides ‘Protection of certain rights regarding freedom of speech etc.’ It says, “All citizens shall have the right:

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted 

(g) to practise any profession, or to carry on any occupation, trade or business

(Note: Originally, Article 19 (1) (f) and article 31 contained the right to property, i.e. to acquire, hold and dispose of property subject to the right of State to compulsory acquisition for public purposes by authority of law. However, right to property ceased to be a fundamental right when the Constitution (44th Amendment) Act, 1978 omitted sub-clause(f) of Article 19 (1) and Article 31 from the Constitution.)

3. The freedom provided in Article 19 (1) is not absolute or unfettered. It is followed by Article 19(2), which lists exceptions or “reasonable restrictions” on free speech under following heads:

→ Security of the State,

→ Friendly relations with foreign States

→ Public Order,

→ Decency and Morality,

→ Contempt of Court,

→ Defamation,

→ Incitement to an Offence,

→ Sovereignty and Integrity of India.

Writ Jurisdiction under Article 226  Under Article 226 of the Constitution, High Courts have the power to issue writs for the enforcement of fundamental rights as well as for any other legal right against the State or authorities discharging public duties.

 

BEYOND THE NUGGET: World Press Freedom Index 2026

1. The World Press Freedom Index, which evaluates 180 countries, recorded its lowest average score in the index’s 25-year history. It is an annual report published by Reporters Without Borders.

2. For the first time in the Index’s 25-year history, more than half the world’s countries now fall into the “difficult” or “very serious” categories for press freedom.

3. According to the Report, “The Index’s legal indicator has seen the most severe decline this year. This score deteriorated in more than 60% of states — 110 out of 180 — between 2025 and 2026. This is notably the case in India (157th), Egypt (169th), Israel (116th) and Georgia (135th).”

4. The index measures five key areas—economic, legal, security, political, and social conditions affecting journalism. Among these, the legal environment has worsened the most this year.

5. At the top of the index, Norway retained the number one position for the 10th consecutive year, while Eritrea remained at the bottom for the third year in a row.

6. As for India, it slipped further down the rankings. From 151st place in 2025, it now stands at 157th in 2026, with a global score of 31.96. The country remains in the “very serious” category.

Rank	Country	Status
1	Norway	Good
2	Netherlands	Good
33	Australia	Satisfactory
87	Nepal	Problematic
134	Sri Lanka	Difficult
153	Pakistan	Very serious
157	India	Very serious
175	Afghanistan	Very serious

 

Post Read Question

Which of the rights given below are both vertically and horizontally available?

1. Prohibition of untouchability

2. Prohibition of trafficking and bonded labour

3. Right to privacy

Select the correct answer:

(a) 1 only

(b) 1 and 2 only

(c) 2 only

(d) 1 2 and 3

Answer key

 (d) 

(Sources: Media performs ‘public function’: What Delhi HC judgment means for press freedom, right to privacy, Supreme Court expands Article 19 ambit: Not just state, even pvt citizens can face challenge)

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