On Thursday, the Madras High Court stated that restricting print media will be muzzling up their democratic freedom.

The Court while dismissing a petition challenging the exemption of print media operations from lockdown imposed to curb the spread of COVID-19 made it clear that 'any attempt to restrict or prohibit the publication of newspapers would amount to muzzling of independence of Media.'   

The order came out in case named as T Ganesh Kumar, vs. Union of India and ors.

A Division Bench comprising of Justice N Kirubakaran and Justice R Hemalatha made keen observations on the significance of newspaper publication in a democracy.

The Bench in the order issued begin by quoting Former US President Thomas Jefferson in which he says that:

“Were it left to me to decide whether we should have Government without newspapers, or newspapers without Government, I should not hesitate a moment to prefer the latter.” 

The order further noted:

“What is expected is only the news and not the views of the publisher. News as it is has to be brought to the readers and not the views of the publishers or his ideology. Though they are entitled to put forth their ideology, people want only the news as it stands. Mixing of views and ideology should be avoided. However, it is a fact that some of the publishers are mixing their views along with the news.”

The Court though agreed with the apprehension of the petitioner/Advocate that the coronavirus may spread through newspaper contact, given that the virus can survive on paper surfaces for about 4 days and pointed out that the little research conducted in this direction cannot be used to lend credence to his fears.

During the arguement, it was put forth that viral transmission via newspapers is least probable.

It was also added that the any possible spread of the virus through newspapers - and currency, for that matter - could be guarded against by simply washing one’s hands after handling with them.

The AAG submitted that to restrain print media would violate the fundamental rights of citizens under Article 19 (1) (a) of the Constitution.

In backdrop of this, the Bench observed:

“When the professor of virology himself stated that transmission of virus through paper products is least probable, there cannot be any apprehension in the mind of people that the virus can spread through newspapers… More research is needed to establish that the virus could spread easily through newspapers. When such is a position based on these preliminary researches and in the absence of sufficient data, the prayer sought for by the petitioner cannot be granted."

The Court agreed with the AAG's submission and noted:

“Even otherwise there are methods by which the spread of virus could be prohibited/prevented by ironing the newspapers using the iron box before reading or washing the hands with soap after reading the newspapers.” 

 The Court thus dismissed the petition and observed at end:

“Mere apprehension or least probability cannot be a ground to prohibit the publication of newspapers as it would amount to violation of the Fundamental Rights, of not only the publisher, editor but also the readers, guaranteed under Article 19(1)(a) of the Constitution of India.”

The order was passed by Justice N Kirubakaran and Justice R Hemalatha on 

Read Order Here:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
 
 
Share this Document :

Picture Source :