essay on newspaper the fourth pillar of democracy

Freedom Of Press: Fourth Pillar Of Democracy

By Rahul Deo, CNLU Patna

Editor’s Note: Freedom of speech and expression is the blood of democracy, palpitation of democracy, control of the government and creates awareness among the people. Blood removes the dead cell in the same manner freedom of speech and expression removes the arbitrary government and place a democratic government. This paper evaluates the contribution and necessity of freedom of the press in a democracy.

Introduction

The liberty of the press is the palladium of all the civil, political, and religious rights. [i] In a democratic set up the press can act as a bridge between the government and the people. This right is very important at the stage of the formation of the government. Democracy can not survive without this right. Press is the fourth pillar of democracy, which exercises this right of freedom of speech and expression.

The rights originate from the US constitution. The role of media is important as a feedback, exposure, and conduit mechanism in all countries. Most citizens receive their information about what is going on in the government, and how it affects them, through the filter of the media.

The media have also played a traditional watchdog and gadfly role, in investigating misbehavior by politicians and officials and private business, a role traditionally summarized as “ comforting the afflicted and afflicting the comfortable .” The media is thus a crucial instrument of accountability, in addition to being an instrument of communication. A free press and free media rank along with an independent judiciary as one of the two institutions that can serve as powerful counter forces to corruption in public and private life.

The Freedom of the press is regarded as a “ species of which freedom of expression is a genus. ” [ii]  Freedom of the press is the freedom of communication and expression through vehicles including various electronic media and published materials. While such freedom mostly implies the absence of interference from an overreaching state, its preservation may be sought through constitutional or other legal protections.

The Universal Declaration of Human Rights states: [iii]

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers”.

In general, we can say that Freedom of the press is the freedom of communication & expression through vehicles including various electronic media & published materials. While such freedom mostly implies the absence of interference from an overreaching state, its preservation may be sought through constitutional or other protection.

The fundamental right of the freedom of the press implicit in the freedom of speech and expression is essential for political liberty and proper functioning of democracy. Freedom of Press has perpetually been a cherished right in all democracies. “Growth and development of representative democracy are so much intertwined with the growth of press that the press has come to be recognized as an institutional limb of modern democracy ”.

In India before Independence, there was no constitutional or statutory guarantee of freedom of an individual or media/press. At most, some common law freedom could be claimed by the press, as observed by the Privy Council in Channing Arnold v. King Emperor [iv] :  “The freedom of the journalist is an ordinary part of the freedom of the subject and to whatever length, the subject, in general, may go, so also may the journalist, but apart from statute law his privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as, and no wider than that of any other subject.”

The press freedom is about the power being centered in the specific issue that is supported by different technological aspect in bringing the information and communication. The freedom of expression is an evolving issue around the world and different countries are attempting to provide such law in which people can fully embrace their right.

HISTORICAL BACKGROUND

The Indian Press has a long history right from the times of British rule in the country. The British Government enacted a number of legislations to control the press, like the Indian Press Act, 1910, then in 1931-32 the Indian Press (Emergency) Act etc.  During the framing of the Constitution, the founding fathers bestowed enormous significance to Freedom of the Press. B. N. Rao, the Constitutional Advisor to the Constituent Assembly assured that freedom of the press was included in the guarantee of freedom of speech and expression and it was hardly necessary to provide for it specifically.

Dr. Ambedkar said that we don’t want to give absolute rights to the press because it has two aspects. The right could be given to the first aspect of the press and not to the second aspect. The press is a right of expression. The Constitution of India in Article 19(1) (a) lays down that “ All citizens shall have the right, to freedom of speech & expression and it includes the right to press also.”

This concept has been warranted by the Supreme Court of India. In numerous judgments the Supreme Court has ruled that Freedom of the Press is contained in the guarantee of freedom of speech and expression in Article 19(1) (a) of the Constitution. The freedom of press means freedom from interference from authority which would have the effect of interference with the content & circulation of newspapers. [v]

In the view of democracy, it only means that people or the citizens can enjoy full freedom of speech and expression and can be only restricted within the reasonable subject. During the era when the press council in India felt anxiety, the birth of the Media Law is implemented and followed by the Press Regulations that significantly had an impact on the publishing industry.

Next is the introduction of the compulsory licensing for owning and running the printing presses which is typically empowered by the government. This action simply means to prohibit the publication or circulation of any newspaper, book, or other printed material. The banning of the publication or dissemination created a commotion against the government that effectively weakened the power of authority.

This process continued and through the years brought a significant change and created a fundamental right in the constitution. The entire developed article in the institution of the country speaks about the freedom to express and expression and the birth of the Press Council in India.

AN OVERVIEW OF THE CONSTITUTIONAL PROVISIONS

Article 19(1) (a) of the Indian Constitution states simply that ‘ all citizens shall have the right to freedom of speech and expression ’. The companion Article, Article 19(2) qualifies this right by providing that the State can impose reasonable restrictions on its exercise:

1. In the interests of the sovereignty and integrity of India

2. The security of the State

3. Friendly relations with foreign States

4. Public order

5. Decency or morality or in relation to contempt of Court

6. Defamation or incitement to an offense

The Indian Constitution, while not mentioning the word “press”, provides for “the right to freedom of speech and expression” (Article 19(1)(a)). However this right is subject to restrictions under sub clause (2), whereby this freedom can be restricted for reasons of “sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt, court, defamation, or incitement to an offense”. Laws such as the Official Secrets Act and Prevention of Terrorist Activities Act [vi] (POTA) have been used to limit press freedom. [vii]

Article 19(1)(a) does not refer specifically to the freedom of the press as does, say, the corresponding provision in the American Constitution, but judicial decisions have repeatedly affirmed that the Article is sufficiently wide to include the freedom of the press and, by extension, the freedom of other mass media.

In Romesh Thapar’s Case [viii] , and in several subsequent cases strict and narrow limits have been placed on the Legislative powers to abridge the right conferred by Article 19(1) (a). Any restriction on Article 19(1) (a) can only is valid if three conditions are met –  It is supported by the authority of law, The law in question is related to one or more of the permitted heads of restrictions laid down under Article 19(2); and

The restriction is reasonable. It is also necessary that the procedure and the manner in which the restriction is imposed be just, fair and reasonable. [ix]

In India, freedom of the press has been treated as part of the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution, vide Brij Bhushan and Another vs. State of Delhi , [x] and Sakal Papers (P) Ltd vs. Union of India , [xi] among others. However, as mentioned in Article 19(2), reasonable restrictions can be placed on this right, in the interest of the sovereignty and integrity of India, the security of the state, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense. Hence, freedom of the media is not absolute freedom.

MEDIA: FOURTH PILLAR OF DEMOCRACY

Freedom of press has always been a cherished right in all democracies. “Growth and development of representative democracy are so much intertwined with the growth of press that the press has come to be recognized as an institutional limb of modern democracy .” [xii]

Speaking of democracy, political scientists and experts always say there are four pillars of democracy, namely the judiciary, executive, legislative, and media. [xiii] More functioning judiciary as an institution of the judiciary, the executive is more to the government, while the legislature as an institution that makes the laws and overseeing government performance.

Media is an important and inseparable part of a democratic society. It is in fact called the fourth pillar of democracy. Before the advent of electronic media, print media played an important role in disseminating information to people. Over the years, a wide variety of media like the press, performing arts, television, radio, and films have been used for communication.

Furthermore, the fourth pillar which is also very important is the media. Why the media can be regarded as the fourth pillar of democracy? Because often times people assume that the media is more neutral and free from elements of state power, in contrast with the previous three pillars which are all oriented to power. The media not only as a source of news, but it is also the voice of the people carrier and fittings. The media also often become a tool for suppressing the three pillars of democracy before.

There are a minimal number of pillars needed to support the infrastructure of democracy. If you wish to build a bridge, there are principles of engineering that must be followed. Similarly, there are seven main pillars of the architecture of democracy:

1. Elections,

2. Political tolerance,

3. The rule of law,

4. Freedom of expression (it includes the press)

5. Accountability and transparency,

6. Decentralization, and

7. Civil society.

But democracy, unlike bridge building, isn’t just science; it is also the art of the possible. The fourth pillar sustaining democracy is freedom of expression. What people in civil society are allowed to say, print, distribute, and discuss is indicative of the democratic nature of a political system. A free press is one measure of freedom of expression in a society.

The newspaper not only presents facts but also gives the interpretation of facts and statements of opinions through its editorials and also propagates ideas and ideologies. The press has therefore been rightly described as the Fourth Estate.

Although no democracy has absolute freedom of speech, unless citizens have the right to express themselves in the political process, no government can be made accountable for its actions. Each country places its own limitations on freedom of expression. What matters is that those limitations are not misused by political forces to limit public scrutiny of policies and actions that have an impact on the integrity of governance. For example, if criminal libel laws effectively thwart whistle blowing on irregularities or corruption, democracy is diminished. And hence it is also very necessary to limit this influential institution’s powers.

“Freedom of Press is not absolute, unlimited and unfettered at all times and in all circumstances as it would lead to disorder and anarchy.” [xiv] We are the part of the democratic country and where the citizen is all in all and there must be check and balances on the government and the media plays that role regarding the check and balances on the government. Abraham Lincon gave the definition of democracy in the words, “ Democracy is the people, for the people and by the people .”

Media is regarded as one of the pillars of democracy. Media has a wide role in society. Media plays a vital role in molding opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events. The media can be commended for starting a trend where the media plays an active role in bringing the accused to hook.

WHETHER FREEDOM PROVIDED TO THE MEDIA IS GENUINE OR NOT?

The prime purpose of the free press guarantee is regarded as creating a fourth institution outside the government as an additional check on the three official branches- executive, legislative and the judiciary. [xv] It is the primary function of the press to provide comprehensive and objective information on all aspects of the country’s social, economic and political life. The press serves as a powerful antidote to any abuse of power by government officials and as a means for keeping the elected officials responsible to the people whom they were elected to serve.

In India, freedom of press is implied from the freedom of speech and expression guaranteed by Article. 19(1) (a). There is no specific provision ensuring freedom of the press as such. The freedom of the press is regarded as a “species of which freedom of expression is a genus.” [xvi] Thus, being only a right flowing from the freedom of speech, the freedom of the press in India stands on a higher footing than the freedom of speech of a citizen, and the press enjoy privilege as such distinct from the freedom of the citizen.

The Supreme Court has laid emphasis in several cases on the importance of maintaining freedom of the press in a democratic society. The press seeks to advance the public interest by publishing facts and opinions without which a democratic electorate cannot make responsible Judgments. Articles and news are published in the press from time to time to expose the weakness of the government. The primary duty of the courts to uphold the said freedom and invalidate all laws or administrative action which interferes with the freedom of the press contrary to the constitutional mandate. [xvii]   Article 19 (1) (a) applies to citizens only and so a non-citizens running a newspaper cannot seek the guarantee of this constitutional provision.

Press in India and the reaction of Supreme Court

The press or media acts as a watchdog of democracy. In fact, post-independence, the India press has played a vital role in restraining corruption and injustice in the nation. The press is also instrumental in arousing the general public’s interest in the government and its operations. However, like everything else, there is a flipside to this as well. Over the last few years, yellow journalism has been rampant in the Indian press, which has lead to widespread misconducts in the nation.

In Romesh Thappar v. State of Madras [xviii] , the Supreme Court held that there can be, no doubt, that freedom of speech and expression includes freedom of propagation of ideas, and that freedom is ensured by the freedom of circulation. Liberty of circulation is an essential to that freedom as the liberty of publication. Indeed, without circulation, the publication imposed on grounds mentioned in Article 19(2) of the Constitution. A law which authorises the imposition of restrictions on grounds of ‘public safety’ or the ‘maintenance of public order’ falls outside the scope of authorised restrictions under  clause (2) and therefore, void and unconstitutional.

In Indian Express Newspapers v. Union of India [xix] , the Supreme Court emphasized the importance of freedom of the press in these words:

“…..The expression freedom of the press has not been used in Article 19 but it is comprehended within Article 19(1)(a). The expression means freedom from interference from authority, which would have the effect of interference with the content and circulation of newspapers. There cannot be any interference with that freedom in the name of public interest.

“The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate cannot make a responsible judgement. Freedom of the press is the heart of social and political intercourse. It is the primary duty of the courts to uphold the freedom of the press and invalidate all laws or administrative actions, which interfere with it contrary to the constitutional mandate.”

In Sakal Papers(Private) Limited v. Union [xx] , Supreme Court had observed that the right to freedom of speech and expression carries with it the right to publish and circulate one’s ideas, opinions, and views with complete freedom and by resorting to any available means of publication, subject to the restrictions imposed under Art. 19(2). The Indian Constitution does not expressly provide for the freedom of the press but this freedom is included in “Freedom of speech and expression” guaranteed by Article 19(1)(a).

Blackstone said that the essence of freedom of expression is that every person should be able to lay his sentiment before the public without previous restraint, that to forbid this, is to destroy the freedom of the press; but if publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity. [xxi]

In Bennet Coleman Company v. UOI [xxii] , the Court held that freedom of the press is both quantitative and qualitative. Freedom lies both in circulation and in content. The fixation of page limit will not only deprive the petitioners of their economic viability but also restrict the freedom of expression by compulsive reduction of page level entailing the reduction of circulation and the area of coverage for news and views.

In Hamdard Dawakhana v. UOI [xxiii] , the Supreme Court has held  that an advertisement is no doubt a form of speech and expression of ideas. In the present case, the advertisement was held to be dealing with commerce or trade and not for propagating ideas. Advertisement of prohibited drugs would thus not fall within the scope of Article 19(1)(a).

In view of the Supreme Court decision in Tata Press Ltd. V. Mahanagar Telephone Nigam Ltd. [xxiv] the ruling in Hamadard Dawakhana case has now a limited application that is, prohibiting an obnoxious advertisement and cannot be applied to the general advertisement as such. In this case, the Court has held that commercial speech is a part of the freedom of speech and expression guaranteed under Art. 19(1)(a) of the Constitution. ‘Commercial speech’ cannot be denied the protection of Art. 19(1)(a) of the Constitution merely because the same are issued by the businessman.

Describing the advertising as the cornerstone of Indian economic system, the Judges said that low prices for consumers are dependent upon mass production, mass production is dependent upon the volume of sales, and volume of sales are dependent upon advertising.

In Printers (Mysore) Ltd. v. Assistance Commercial Tax Officer [xxv] , the Supreme Court has reiterated that though freedom of the press is not expressly guaranteed as a Fundamental Right, it is implicit in the all democratic countries and the press has rightly been described as the fourth estate. The democratic credentials of a state are judged by the extent of freedom the press enjoys in that state.

The Supreme Court has emphasized that the freedom of the press is not so much for the benefit of the press as for the general community because the community has a right to be supplied with information and the government owes a duty to educate the people within the limits of its resources.

RIGHT TO INFORMATION AND THE ROLE OF MEDIA

Article 19 of the Universal Declaration of Human Rights adopted by the United Nations states:

“ Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers .”

Information is regarded as the oxygen of democracy. It invigorates where it percolates. If people do not know what is happening in their society, if the actions of those who rule them are hidden, then they cannot take a meaningful part in the affairs of the society. Freedom of expression, free dissemination of ideas and access to information are vital to the functioning of a democratic government.

Information is crucial for a vibrant democracy and good governance as it reflects and captures Government activities and processes. Access to information not only facilitates active participation of the people in the democratic governance process, but also promotes openness, transparency and accountability in administration.

‘Right to Information’ (RTI), the right of every citizen to access information held by or under the control of public authorities, can thus be an effective tool for ushering in good governance. The major characteristics of good governance are participation, rule of law, transparency, responsiveness, equity and inclusiveness, effectiveness, efficiency, accountability, strategic vision and consensus-orientation.

Transparency means that decisions are taken openly and enforced as per rules and regulations. It requires that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided to all the stakeholders in easily understandable forms and media to enable their meaningful participation in decision making processes.

Accountability means that public institutions and functionaries are answerable to the people and to their institutional stakeholders. In general, an organization or an institution should be accountable to those who will be affected by its decisions or actions. Accountability cannot be enforced without a regime of transparency.

A direct relationship exists between the right to Information, informed citizenry and good governance. The Right to Information provides citizens the opportunity of being informed of what the Government does for them, why and how it does it. Good governance provides a platform that enables government functionaries to operate efficiently, effectively and transparently and be accountable to the public for their actions. It aims to put an end to inconsistent government practices and helps in establishing a responsive State.

Public participation in Government, respect for the rule of law, freedom of expression and association, transparency and accountability, the legitimacy of Government, and the like, which are the core values of good governance, can be realised only if the right to information is implemented in the right spirit. Right to information is the hallmark of good governance.

MEDIA AND DEVELOPMENT

The media can make a real difference to the lives of poor and disadvantaged people by:

• making people more aware of their rights and entitlements;
• enabling people to have access to government programmes, schemes and benefits;
• making people more aware of political issues and options and helping to stimulate debate;
• educating the public on social, economic and environmental issues;
• drawing attention to institutional failings – corruption, fraud, waste, inefficiency, cronyism, nepotism, abuse of power and the like;
• fostering the exchange of best practices, knowledge resources, access to better technology, and to better choices;
• creating pressure for improved government performance, accountability and quality, for example in service delivery; and
• providing a discursive space for citizens to dialogue with other actors in the governance process.

The three main areas through which the media can make a significant impact on development and poverty reduction are:

1) Empowerment

Media has a definite role to play in the empowerment of citizens. It gives voice to the needs and aspirations of the people and provides them access to relevant information. When people lack a voice in the public arena, or access to information on issues that affect their lives, and if their concerns are not reasonably reflected in the public domain, their capacity to participate in democratic processes is undermined.

Media, in all its varied forms, has opened up the potential for new forms of participation. Thus, the vulnerable and marginalized sections of the society such as the poor, women, weaker sections and socially disadvantaged are also using the media to make their voices heard.

2) Social Awareness & Action

The potential of mass media to be effectively employed to enhance social awareness is unquestionable. The news media plays a decisive role in establishing a discursive space for public deliberations over social issues. Giving a voice to the poor also entails giving the poor people adequate opportunities to take initiatives for overcoming their problems. The media, through its role in shaping public awareness and action, can be a critical factor in facilitating sustainable development and poverty reduction.

3) Good Governance

Good governance is recognized as central to poverty eradication, and a free media is a necessary condition for good governance. As an information conduit between corporations, government, and the populace, the media acts as a watchdog against government malfeasance, while at the same time fostering greater transparency and accountability. The media monitors public service delivery and reports on key issues to the public at large, and in this process exerts pressure on public service providers.

By highlighting institutional failings to guard against and institutional successes for replication, the media creates the right framework of incentives for good governance. A free press is integral to good governance. It lets people voice diverse opinions on governance and reform, expose corruption and malpractices and help build a public consensus to bring about change. It monitors basic public service delivery and promotes human development.

EFFECTS OF MEDIA IN OUR SOCIETY

Every coin has two sides. There are both positives and negatives of one single given notion. The media, known as the fourth pillar of democracy, has a huge impact on the society. The effects are of course, positive as well as negative. It is upto the people to decide which effect they want to bask in. Media is such a powerful tool that it literally governs the direction of our society today. It is the propeller as well as the direction provider of the society. Opinions can change overnight and celebrities can become infamous with just one wave by the media. [xxvi]

The Bright Side

Information on the latest happenings reaches people in just a matter of minutes. The vision of media reaches even the remotest corners of the country and makes sure that everyone is aware of what is going on in the country. The easy and swift availability of any given information makes media one of the most reliable sources for forming public opinion. It bridges the gap between the leaders and the masses by becoming their channel of communication.

It brings into open the innumerable achievements that are going on in the country. Media gives ordinary people the power to reach out to the society as a whole. It can make heroes out of ordinary men. The media acts as a deterrent on corrupt practices and keeps a check on the working of the government. Media has significantly promoted social causes like literacy, health management, anti-dowry practices, discouraging female feticide, AIDS awareness, etc.

On the Contrary…

“ The media’s the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power. Because they control the minds of the masses. ”

– Malcolm X

Media can adversely affect the thinking capability of individuals and instill negative or destructive thinking patterns in the society as a whole. As already said before, the media has the power to form and alter opinions. This means media can portray an ordinary thing so negatively that it may force people to think or act in quite the opposite way. Media glorifies violence and contains graphic descriptions or images. When viewed by the vulnerable portion of the society, i.e., the children, it can have grave effects on their upcoming and thinking patterns. [xxvii]

The media can sometimes go out of the way in advertising or glorifying certain issues. Usually, a bad or detrimental message is packaged in a glorious way and is made accessible to the public. Movies that depict filthy rich thieves who don’t bat an eyelid before killing someone or extorting someone and the getting away with it, sure give entertainment to people. At the same time, it encourages them to act in a way that promises adventure and thrill in life. This way, the media glorifies the bad aspects of people and encourages them to act in forbidden ways.

In Democracy, the Government cannot function unless the people are well informed and free to participate in public issues by having the widest choice of alternative solutions of the problems that arise. Articles and news are published in the press from time to time to expose the weaknesses of the governments. The daily newspaper and the daily news on electronic media are practically the only material which most people read and watch.

The people can, therefore, be given the full scope for thought and discussion on the public matter, if only the newspapers and electronic media are freely allowed to represent different points of views, including those of the opposition, without any control from the Government.

The following suggestions are offered in this connection:

“Freedom of press may be inserted as a specific fundamental right under Article 19 of the Constitution of India. Parameters of freedom of the press should be clearly earmarked. Information must be available at an affordable cost within specified, definite and reasonable time-limits. Free press should not violate the right to privacy of an individual. Free press must be law enforcing and preventive of crime.

“Rule of law must be followed by the free press. Influence through free press upon the judiciary should not be exercised. Press is the watchdog to see that every trial is conducted fairly, openly and above board, but the watchdog may sometimes break loose and has to be punished for misbehaviour. It shows that there are certain restrictions on the freedom of the press.”

Formatted on March 1st, 2019.

REFERENCES:

[i] https://www.sites.google.com/site/fourththpillar/Home/freedom-of-press last visited on 17-09-2014 at 07:45 am

[ii] Sakal papers v. Union of India, AIR 1962 SC 305: (1962) 3 SCR 842.

[iii] Article 19 of Universal Declaration of Human Right

[iv] (1914) 16 BOMLR 544

[v] Sakal Papers Ltd. V. UOI AIR 1962 SC 305

[vi] http://www.satp.org/satporgtp/countries/india/document/actandordinances/POTA.htm  last visited on 15. 09. 2014 at 11:16am

[vii] The prevention of Terrorism Act, 2002.

[viii] Romesh Thapar Vs. State of Madras, AIR 1950 SC 124

[ix] Express Newspapers Limited Vs. Union of India, AIR 1958 SC 578 at 621

[x] AIR 1950 SC 129

[xi] AIR 1962 SC 305

[xii] Vide Author’s Commentary on the Constitution, 6th Ed,Vol C, pg 95-97; Indian Express v Union of India(1985) 1 SCC 641

[xiii] http://politicsdemocracy.blogspot.com/2014/01/social-media-as-fifth-pillars-of.html last visted on 29.08.2014 at 1:00am

[xiv] In re , Harijai Singh ,(1996) 6 SCC 632; AIR 1995 SC 264

[xv] New York Times v. Sullivan, 376 U.S. 254;

[xvi] Sakal Newspaper v. Union of India, AIR 1962 SC 305. : (1962) 3 SCR 842

[xvii] Indian Express Newspapers(Bombay) p. ltd. V. Union of India , AIR 1986 SC 515;

[xviii] AIR 1950 SC 124

[xix] (1985) 1 SCC 641

[xx] AIR1962 SC 305

[xxi] Blackstone, Commentaries on the Laws of England (1765; 4 th ed. 1770 in 4 uol } Bok 4 Chap II, 151-152) 13

[xxii] AIR 1972 SC 106

[xxiii] AIR 1960 SC 554

[xxiv] (1995) 5 SCC 139

[xxv] (1994) 2 SCC 434

[xxvi] http://lifestyle.iloveindia.com/lounge/what-are-the-effects-of-media-in-our-822.html   last visited on 07-09-2014 at 10:30 pm

[xxvii] http://pabna.in/media-the-4th-pillar-of-democracy last visited on 18-09-14 at 10:00 am

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6 thoughts on “Freedom Of Press: Fourth Pillar Of Democracy”

Thanks for this it really works for my project

The purpose and the role of journalism should be telling us the truth. Because they are the only medium for us to giving us the information. But people who are doing things without the concern of the media are the one restricting them to tell the truth. This was a nice post thanks for this.

My pleasure:)

Thank you so much it was too good and helped me a lot.

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Media: The Fourth Foundation Of Democracy

• Last Updated : 10-Feb-2024
• 27039 views

Trial from the media:

• Trial by the press is a term that became popular in the late 20th and early 21st centuries. It explains the influence of television and newspaper coverage on the credibility of an individual by establishing a widespread impression of guilt or innocence before, or after, a court of law verdict.
• The trial by the media has been criticised by different Judges of the Court because it contributes to psychological variance while giving the judgement.
• Media trial is against the right to fair trial; Jasleen Kaur , a Delhi woman, for example, posted a picture of a man, Sarvjeet Singh , on Facebook in 2015 and accused him of sexual harassment. Four years later, the Delhi Court held the man innocent and acquitted him of all the charges.

The fourth pillar of democracy is the media:

• In keeping democracy alive and thriving, the media plays an important role. It is a connecting link between government and people in a way that provides citizens with knowledge about government acts, policies and inefficiencies.
• As a fourth pillar, the media plays an important part in achieving the true meaning of democracy.

The media's role in linking government and citizens:

What is press freedom.

• Freedom of the press has been regarded in India as part of the freedom of speech and expression guaranteed by the Constitution under Article 19(1)(a).
• The limits on "freedom of expression and speech" also extend to "freedom of the press and the media."
• Article 19(2), on the following grounds, offers reasonable restrictions such as India’s sovereignty and dignity, State protection, public order, decency, or morality, or in connection with court contempt and defamation.

Why is press freedom necessary?

• It serves as a check on administrators and governments.
• A free press has a responsibility to lift its voice against any social disorder or evil.
• It works towards strengthening a nation's sovereignty and dignity.
• It helps to create an atmosphere where peace and harmony can be cultivated by the country's people.
• A free press is essential to a democratic society.
• The press offers the forum for the hearing of a multitude of voices.
• At the national, regional and local levels media is the public’s watchdog as well as it is also an activist and guardian as well as an educator and entertainer.
• In India, the media has played a crucial role in providing people with knowledge about social and economic ills.

Verdicts of the Supreme Court on freedom of speech:

• The Supreme Court recognised in Romesh Thapar vs. the State of Madras that "Freedom of expression and the press is the cornerstone of all democratic organisations."
• In Indian Express Newspapers v. Union of India, the Supreme Court emphasized the importance of freedom of the press in these words:
• In Tata Press Ltd. V. Mahanagar Telephone Nigam Ltd. the Supreme Court held that a commercial advertisement or commercial speech was also a part of the freedom of speech and expression.

What needs to be done to protect press freedom?

• The "Upholder and Guardian of the Constitution" is the Supreme Court. An independent judiciary that upholds the constitutional guarantee of media freedom is an important safeguard for this fundamental right.
• Media self-regulation along with strong institutions such as media ombudsman as well as complaints and appeals committees, make it possible for ethics to be adhered to.
• To give the media fair play and to check its arbitrariness at the same time, a regulatory body should be formed comprising both media individuals and government bodies.
• Reform should come from senior editors and journalists in the media particularly. They should begin to reveal instances of fake news, and conflicts of interest, and make press operations more open.
• There is also a need for legislative support for the PCI (Press Council of India) to give it more regulatory authority.

What are the problems faced by the Indian media today?

Any suggestions or correction in this article - please click here ( [email protected] ), related posts:, what was the adam's regulation in 1823 | licensing regulation 1823.

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• General Knowledge /

Media: The Fourth Pillar of Democracy

• Updated on  
• Mar 20, 2024

Media is known as the fourth pillar of Democracy because it acts as a watchdog for the other pillars. It is known to provide credibility and maintain a check on the work and responsibilities of the Executive, Legislature and Judiciary. Additionally, the Media questions their authority from time to time and ensures the work is in favour of the public interest. Therefore, as aware citizens of a democratic country, Media is our closest window into the work of our Government structures. Moreover, citizens of India can maintain transparency with the system and also make their choices in public participation activities like elections. 

Also Read: 11 Features of Democracy in India in Points

Functions of Media as the Fourth Pillar of Democracy

Democracy is a regime of people’s rule over their nation through their elected representatives. The Media is responsible for keeping a check on social, political and economic activities and informing the citizens about the same.

In addition, here are some top Functions of Media:

• Report electoral results and votes in each constituency. 
• Highlight the progress or devastation incurred by various policies, parties and organisations. 
• Likewise, covering agendas and campaigns of every election.
• It promotes the investigation of malpractices and illegal activities in the society or organisation.
• Moreover, by performing its role, it helps people to make an informed choice. 
• The Media also showcases the competition between the electoral parties along with their claims and debates. 
• Furthermore, it provides a platform for people to communicate their concerns and opinions freely. This could be sharing their views on a policy or putting forward their demands. 
• Thus, it helps citizens in exercising their democratic rights. 

Also Read: What is Patriotism?

Concerns Regarding the Power of Media as the Fourth Pillar of Democracy

With such immense power to enhance and influence public opinion, Media as the fourth pillar of democracy is a powerful tool that can also be misused. Here are some points of concern to note: 

• Shading the news with opinion : The Media is expected to show an unbiased documented truth about a situation. When it gets shaded with one particular opinion, this can be used as a tool to manipulate the masses. 
• Fact-checking : Media houses often remain in competition to break the news to the masses for TRP. However, this frequently results in a lack of fact-checking at the end of reporters creating huge confusion. 
• Fundings for Media : Many organisations and political parties fund the Media houses. In this case, their opinion often becomes biased towards those who have their allegiance of interest. This results in compromised truths. 
• The blurred walls of PR and news : Some people and organisations use media platforms for paid news, it is often seen under the featured content but as it appears on two or three platforms it eventually becomes news for the people. This makes it difficult to understand what is paid propaganda and the reality.

Also Read: Important Notes on the Impeachment Process 

Types of Media

Media achieves its role as the fourth pillar of democracy, through two types of content, Print Media and Electronic Media.

Print Media

Print Media includes newspapers, magazines, books newsletters etc that were printed in hard form. The shifting of such content online has incurred a debate on what should be included in Print Media . Moreover, people can now find newspapers, magazines, newsletters and even books online. Furthermore, this has reduced the popularity of actual printed content which is evolving into e-libraries, newspaper apps and more. 

Electronic Media

Electronic Media has everything from radio to video content, written content, etc. Every form of media that is available digitally is a part of digital or electronic media. Additionally, it is easy to share, maintain and produce in bulk without much need of resources. The transformation of reels to digital cameras and then mobile cameras has further narrowed the gap. 

Also Read: Who Can Suspend the Fundamental Rights of Indians?

Freedom of Press

Our press has been granted freedom and it guarantees minimum interference of the State in the process of Media. The communication of the press with the people should be a free-flowing stream of information regardless of the platform. 

However, this freedom should not be unchecked as that leads to the compromise of integrity. In case the sovereignty or integrity of the state is impacted, the freedom of the press or even the fundamental right to free expression is suspended. 

Thus, this is the structure of governance of a democracy where every power must be kept in check for the benefit of public interest and to maintain peace and harmony within the country.

Related Blogs

Lastly, we hope you liked our blog and gained an understanding of the Fourth Pillar of Democracy. Moreover, you may even read more blogs and empower yourself with knowledge regarding Civics and Polity!

Syeda Tahira Abidi

Syeda Tahira Abidi is an avid writer and content producer with experience in multiple genres of writing like Media, Educational reforms, Travel, Lifestyle, and Public Relations. Her past experiences in Josh Talks, Ferofly, Carrot Films and WWF as a writer and filmmaker reflects in her observational content production.

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Reclaiming the role of the press as the fourth pillar of democracy

Media institutions and their journalists still have a crucial role to play to support democracy today: providing news people can trust.

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he press as the purveyor of news and information is struggling – globally and not just in Indonesia. The digital disruption is hurting it so that many platforms are financially bleeding, and with fierce competition from millions of non-journalists who are also disseminating their own work, their journalists are rapidly losing their audiences and influence.

But the wrong response to these trends could soon lead it to even lose its raison d’être : as an institution that provides checks and balances on the powers that be, which is essential for a functioning democracy.

The press as we know it is undergoing an identity crisis to the point it may be worth considering changing the name "National Press Day", which falls on Feb. 9, to something that is more 21 st century. The term “press” originates from the printing presses used in the past to produce newspapers, long before radio and television came on the scene, and even longer before the internet and social media era.

Insisting on calling it the “press” only further condemns both the industry and the journalism profession that comes with it into the annals of history, which is where they are heading now.

The alternative names given are not exactly fitting. There is nothing “mass” about the media institutions even if they have gone online, and there is even less that is “mainstream” about them when they no longer command large audiences. Calling them “legacy” media makes them antiquated.

It was not long ago, before the internet era, that the press could claim its place as the fourth pillar of democracy. It was the eyes and ears of the public in keeping accountable the other three pillars – the executive and legislative branches, and the judiciary. Democracy cannot function without a free and independent press, which in turn derives its power as a quid pro quo from the people.

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That was true then, and it should be even truer in today’s information ecosystem. That is not the case, however, as the watchdog role seems to be missing, diluted or barely heard in the chaotic digital news landscape.

Disseminating news is no longer the monopoly of the media institutions. Bloggers, citizen journalists and social media users are also putting out their news and information, at times even going viral. To complicate matters, trolls are posting misinformation and disinformation on the internet.

As the internet becomes the main platform for media institutions to disseminate news, they find they must share the field with millions of others. Gone are the days when newspapers and television or radio broadcasters had control over the flow of news and information, to the point of even setting the national agenda.

Unfortunately, in the migration to the digital world, many media institutions are discarding the principles of good journalism in the competition for clicks and views. When they set speed as the overarching goal, they sacrifice accuracy and fairness, the two chief tenets of journalism. When they do this, it becomes harder for the audience to distinguish them from the other news purveyors.

Media institutions can still create a niche in this big landscape and stay relevant by staying above the fray, rather than trying to stay ahead of the game. It is journalism that in the end distinguishes them from the rest.

Speed may seem important in this digital era, but in journalism it should never trump accuracy and fairness. Many media institutions have built their name and reputation in the print and broadcasting world for decades by upholding the tenets of good journalism, verifying stories and making the point of covering both sides to earn public trust.

Such practices take time, but that should not change in the digital world despite the competition. Abandoning these principles would be the death knell of journalism.

Even with diminishing audiences and influence, media institutions and their journalists still have a crucial role to play to support democracy today: providing news people can trust.

The audience today may enjoy the wider array of choices for news and information the internet offers, but they know where to go for credible and trustworthy news. As the landscape is bombarded with misinformation and disinformation, the presence of media that practices good journalism becomes more important than ever.

If democracy has suffered in recent years, one explanation is because of the declining role of the press in carrying out its mandate as the fourth pillar. In its struggle for survival and staying relevant, many media institutions and journalists have abandoned their watchdog role to keep those in power accountable. There is strong evidence that governance in the other three pillars has gone almost unchecked in recent years, particularly during the COVID-19 pandemic.

In reclaiming its role as the fourth pillar of democracy, the press must know that its future hinges not only on its ability to raise the finances needed and to come up with business models appropriate for the digital world but, more importantly, on its ability to nurture public trust and support.

That role is not given for free. Journalists must stay true to the profession, and the ethics that come with the profession, to serve the people and to serve democracy.

The writer is senior editor at The Jakarta Post.

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MEDIA-THE FOURTH PILLAR OF DEMOCRACY

Oct 9, 2021 | INDIAN MEDIA COUNCIL | 0 comments

MEDIA-THE FOURTH PILLAR OF DEMOCRACY: “The people will believe what the media tells them they believe.” – George Orwell

India is a vast country with rich heritage whereas., population is 1.39 billion estimated in 2021. India is considered as the largest democratic country all over the world., due to its wide diversity, its proper functioning is based upon three main pillars namely: . legislature ,executive judiciary and the press. -But in actual terms, Media is considered to be the fourth pillar to operate the Indian .Shri Naidu said that each pillar must act within its domain but not lose sight of the larger picture. four pillars of Democracy 1. legislature: -The main and the most important function of the legislative assembly is formulating laws according to the needs of the state. There are discussion and debates on the implementation but the final power is concentrated in the hands of the legislature over lawmaking. 2. Excutive: – Executive power is vested in him and all executive actions are taken in his name. He is, however, only a Constitutional Head of State acting on the aid and advice of the Council of Ministers and as such only the formal Executive. The head of executive is the president. 3. Judiciary: – The liberty of the press is the palladium of all civil, political, and religious right. Press is the fourth pillar of democracy, which exercises this right of freedom of speech and expression. The rights originate from the US constitution. 4. Media: -Media has given political parties the tools to reach large numbers of people and can inform them on key issues ranging from policies to elections. In theory, media should be seen as an enabler for democracy, having better-educated voters would lead to a more legitimate government. MORDERN MEDIA: Modern media comes in many different formats, including print media books, magazines, newspapers, television, movies, video games, music, cell phones, various kinds of software, and the Internet. How media works? According to democracy the media is a watchdog , media must watch the three pillars of democracy where as a media can change the fate of a person with a pen as novelist and writer Edward Bulwer-Lytton said “ pen is mightier than the sword” . Media A journalist’s heart and soul is modesty and morality; propriety and purity. A Journalist must give trustworthy information should be very honest and punctual and also should give clarity , Journalist must not give false messages to people. Media losing it’s credibility: -Nowadays media is losing its credibility because there is a unhealthy practice between journalist and media and also the values, ethics and ,perspective mission are slowly vanishing from the journalism , The channels and newspapers have seized and captured their stand for supporting the political parties and religion. Whereas people started lose there faith on media. Responsible of media: – Media should be responsible, if the media loses its credibility the entire blame will be on the fourth pillar of democracy ., media must give the accurate information without hiding the truth and truth should be revealed . There should be crystal clear information given to the people were as the media works as the voice of the people. Principles of journalism:  Truth and Accuracy, Objectivity, Impartiality, Fairness, Public opinion , Accountability, and Impartiality, Humanity. Media Ethnics: Censorship ,Privacy, Access to information, collect the information accurately, Copyright Law for media Article 19(1) Freedom of Speech and expression: Freedom of Speech and expression means the right to express one’s own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the expression of one’s idea through any communicable medium or visible representation, such as gesture, signs, and the like. Conclusion: Media as the fourth principle in the democracy plays vital role in the society were it consists of various principles, ethics and values and also because people believe in media blindly .Before people get information media get information Very soon in recent years people get information in Nano seconds but also they wanted to get information from the official media, there were people have more confidence on media whether it is political issues or social issues Or even gossips people do expect for a correct information. “Whoever controls the media, controls the mind.” – Jim Morrison 

Written By: JENNIFER (Internship )

#indianmediacouncil

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Media: Fourth Pillar Of Democracy

Constitution and media:, pre and post independence legislations on media:, the press regulation act,1799:, the gagging act,1857:, the vernacular press act,1878:, the indian press act,1910:, the young persons' (harmful publication ) act,1956:, the cable television regulation act,1955:, press council of india act,1965, judicial pronouncement:, media, crime and society:.

• AIR 1950 SC 129
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MEDIA AS THE FOURTH PILLAR OF DEMOCRACY IN INDIA OR NOT: AN ANALYSIS IN THE LIGHT OF SOCIAL MEDIA

Author : Sudeep Chandra, III year of B.B.A.,LL.B.(Hons.) from Law college Dehradun Faculty of Uttaranchal university

The media has become the most powerful entity in democratic countries. As the main function of the media is to aware people of the social, economical as well as political activities around us. Over the years, media has become more active. The role of media is its ability to spread the views and opinions of millions. The pivotal role of media is that it can bring a change in society and it can be good or bad depending upon its usage. There are mainly three pillars of democracy i.e. Executive, Legislature and Judiciary. But with the rise of the role and influence of media on society, it can also be considered as the fourth pillar of democracy. Fair media can help and lead the democratic country to reach its real goals. In this article, the authors have presented the historical development of media in this world beginning from 868 AD till the present time. On the completion of the historical background, the influence of media has been highlighted with a glimpse of the media effects with the help of the definitions from the famous researchers of the respective field. The personal views of the authors are also expressed in a separate heading analyzing whether democracy has proved to be an efficient pillar of the democracy along with its loopholes. Finally, the authors have concluded the article by stating the importance of media in today’s world and what can be done towards its further improvement.

Keywords: Democratic, Economical, Executive, Legislature, Judiciary

Introduction

“The media’s the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power. Because they control the media of the masses”- Malcolm X

Democracy in India has a Doctrine of separation of power which is abided by. India is becoming a large market for the fourth pillar of democracy with over 118239 [1] registered newspaper and over 700 television news channels and the number keeps on increasing but in the modern era, the social media platforms such as Facebook and WhatsApp has provided a large platform for the people to connect upon and to share information because of its restriction-free cyber law. But with the growth of the TRP race and the new environment of paid media and promotion over the social media platform has hit media drastically and made media one of the biggest enemies of the Indian democracy.

In today’s world media has become the fourth pillar of democracy all over them along with the legislature, the executive and the judiciary. It has become so important that as in the absence of the other three pillars, the government cannot run systematically, but now it is felt that media as a body is also necessary to be with them. It has become the connective line between the government and the general public. Media make the general public aware of social, political, economic activities around us. The role of media is to reveal the truth and realities of society, without being bias in front of people. It can be said that accountable media can lift a nation to heights and unaccountable media can cause disarray in society. Here it has to be kept in mind that it should never be generalized and said that media houses have become the TRP race firms here some news channels work hard to protect the fourth pillar of democracy from falling apart despite the various crack appearing on the pillar. Media has become the fourth pillar of democracy as in democratic countries people have the freedom of expression and a crucial role in shaping a healthy democracy.

The Universal Declaration of Human Rights states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and impart information and ideas through any media regardless of frontiers”.

Historical Background

The history of mass media can be seen from a very early time. The first printed book was printed in China in 868AD which is known as “Diamond Sutra”. However, people were not so literate in China which led to the relatively high cost of paper. Johannes Gutenberg invented the printing press which allowed the mass production of books in the nation and this was the first form of mass communication. The first book he printed was Latin Bible in 1453. In 1810, another German printer, Friedrich Koenig, pushed media production even further which enabled the industrialization of printed media. Newspapers were developed in the 17th century, but they took until the 19th century to reach a mass audience as only a few people were literate. But slowly and gradually people learned to read and write and this led to the growth of mass media. By the 18th century, the first high circulation newspaper arose in London ‘The Times of London’. Photography had changed the scenario of media. By the late 19th century, new technology allowed newspapers to print photographs. In the early 20th century first major non-print form of mass media was started influencing people i.e. Radio, as it was less expensive than television and allow a large number of people to listen at the same time. And slowly and gradually transitions from one technology to another have greatly affected the media industry and undoubtedly evolved and become more active over the years.

Freedom of media

The Indian press commission has expressly said that “Democracy can thrive not only under the vigilant eye of its legislature, but also under the care and guidance of public opinion and the press is par excellence, the vehicle through which opinion can become articulate” [2] Freedom of media under the constitution of India is nearly a part of the freedom of speech and expression as said by Dr Ambedkar in his speech in which he said “The editor of a press or the manager is merely exercising the right of the expression, and therefore, no special mention is necessary for the freedom of the press.” [3] Media has the power to circulate and influence the masses through any wrong Idea or news about any situation. It also plays a very vital role in playing with the mind of the general public.

In the recent campaign, BJP spends a total of four 42.3 crores between February 2019 to the end of April 2019 cross 108968 ads [4] . The Indian National Congress has invested in rupees 1.46crore on Facebook for 3686 ads. It shelled out another 2.71 crore rupees on Google platforms with 425 ads [5] . This leads the media to treat involving the advertisement space and it is shown to the public as ‘news’, which disease the public at large the real news about democracy is suppressed on the large investment of various ‘paid news syndrome’.

Although we have freedom of media but the people who follow the real news or take time to express their views on any social media platform are forced to keep quiet, it is evident that they even receive threat calls against their family members and them. A report of the Hindu on 25th March 2019 said that “55% of sample English internet users were concerned that expressing their political view online could get them into trouble with the authority’s, an English digital report prepared by the Reuters institute showed.” [6]

It has been reported by NDTV journalist Ravish Kumar in The Hindu (newspaper, 25 May 2018) that he has been receiving calls threatening to kill him and rape the woman in his family. According to the committee to protect journalists India has seen cases of attack on the journalist last year. The names are given below: [7]

Shujaat Bukhari : Veteran journalist and Rising Kashmir editor were shot dead by suspected militants in Jammu and Kashmir on 14th June 2018.

Naveen Nischal : Dainik Bhaskar journalist was run over by a speeding SUV of the village council held in Bihar on 25 March 2018.

Chandan Tiwari : He worked for a Hindi newspaper, AAJ in Jharkhand where he was abducted and beaten to death for allegedly exposing if regularities in a government scheme.

Sandeep Sharma : He was investigating illegal sand mining in Madhya Pradesh, where he was brutally moved down by truck on 26 March 2018.

India is ranked at 140th [8] place out of 180 countries in the annual report of reporters without borders. Norway top the ranking of the world press freedom index 2019, such a low rank of India in the world press freedom index is a result of the violent attack on the Indian journalist which had led to the death of six journalists last year. These murders show a danger the Indian journalists have to face while ground reporting, most of the death have been alleged by the BJP supporters.

On one hand, we talk about Article 19(1) (a), the freedom of speech and expression and on the other hand with journalists have to face the danger of life if they do correct reporting. Once the Former United States deputy said, “Without a free and independent media, true democracy is unattainable”. So it’s time for all of us to decide that do we want the true democracy or democracy which looks colourful in the ‘paid media syndrome’. It is time for us to decide why there is no proper media coverage of any important event in society or our country instead of creating fake debates on irrelevant topics. If we want free and independent media so we have to choose which media provides the correct information about our country rather than being a graduate from WhatsApp University.

Abuse of power by Media

Media as a Fourth Pillar of Democracy ought to understand its limitation of not interfering with the work of the rest of the wings. Jim Morrison an American singer has once said that “Whoever controls the media, controls the mind”. Media has played a very vital role in the impositioning of a political party view to the people of the country. It has played its role in the division of anti-government and Pro-government people in the other words the anti-government people are called the Anti National and the pro-government people are called Bhakts. The division created by the media is completely illogical as the youth leader who has the power to speak against the ruling government are often said to be Anti National people. History shows that when another ruling party was in full majority some youth leaders who had the power to speak against the ruling government were denoted as a youth leader but now the scenario has completely changed now the people who have the power to speak against the ruling government are declared as Anti National by the media. Now the current power of media has enlarged itself to inculcate half of the Indian democratic population by sharing news that is unauthentic and completely biased towards the ruling government.

The media play a very important role in the 2019 general election as a sting operation by a news organisation called cobra post claim and revealed the engagement of the news channels being extremely biased towards the ruling government. With many of the leading media houses and the country’s most senior media personals and journalists to make money in return to push their political agenda in the news channel and non-prime time. The website of cobra post says its recording shows that some of the leading media houses were willing to “not only cause communal disharmony among citizens but also tilt the election outcome in favour of a particular party” and they will do this in return for money [9] Report of the cobra post says that he approached multiple leading media houses offering all of them the similar deal. He also claims that the Hindu monastery was willing to pay a large amount of money for the general elections in 2019 so that the ruling government can remain in power.

In the recent event, one of our greatest commissions the chandrayaan-2 was depicted by the media as the soul work of the lunar mission was done by the current ruling Government and the fact that the mission was started back on November 2nd 2007 and representatives of the Russian federal space agency and ISRO signed an agreement to work together on the chandrayaan-2 project. The Indian government approved the mission in the meeting of the union cabinet held on 18 September 2008 and was chaired by former Prime Minister Manmohan Singh. The design of the spacecraft was completed in August 2009 which scientists of both countries conducted a joint review, but the complete credit was given to the current ruling Government and the fact that the preparation of the chandrayaan2 was started back in 2007 was completely hidden from the general public. Questioning the other wings if democracy is good but delivering judgement before the procedure has even initiated is judiciary or explaining how the legislature should make laws or how the executive should work cannot be the task of media. The major aim of media is to show the people the correct and unbiased news but the current media has completely abused its power and provided the general public with half-truth and bias news.

Legislations for media

Media has the power to influence society at large so it had become important to frame laws for the proper regulation of media. So given under are some laws that are framed by the government for the regulation of media:

Press regulation 1799 : The law made mandatory so that the information provided should be identified with its name and other details.

Gagging Act 1857 : This Act made it mandatory to provide the licence to all the printing press and it also empowered the government to restrain from the publication of any printed material.

Cable television regulation Act 1995 : This act complies with any transmission of communal polarization.

Press council of India Act 1965 : This Act was enacted “for protecting the freedom of the press and maintaining and improving the standards of both newspapers and news agencies.”

The media plays an indispensable role in the proper functioning of a democracy. Without mass media, openness and accountability are very tough to reach in contemporary democracies. By going to the various aspects of how media has the potential for becoming the fourth pillar of democracy, we conclude that it has been given enormous power and have the potential to influence the society at large but this influencing power of the media has gone to the wrong hands. Media has the role of the communicator between the government and the masses so that the policies and programs started by the government could be utilised by the general public but in today's scenario, the role of media is completely distorted by various political agendas and various paid new scandals. The larger picture of democracy is covered in a veil of fake news and the wrong use of media. Certain media houses try to provide the correct news to the general public but their voices are suppressed by putting wrong allegations on the reporters. The laws that regulate print, as well as electronic media, should be used properly to provide the correct news to the people. These all show that ethics and principles on which the foundation of the fourth pillar of democracy was laid, is in a mess and we need to recheck the foundation and provide it with truth, integrity and cornerwise. But this should not be done on the compromise of the transparency and honesty of the media and its agencies, with due importance to ‘media ethics’ all the way. The people of India are the real reasons for whom these pillars were established, so the fourth pillar must properly play its role.

[1]http://rni.nic.in/all_page/press_india.aspx

[2] Constitutional law of India, Dr J.N.Pandey, 2017 edition, page number 207.

[3] Dr Ambedkar speech in constitutional assembly debate, VII, 980.

[4] https://www.businesstoday.in/lok-sabha-elections-2019/news/lok-sabha-election-2019-bjp-congress-other-political-parties-spend-over-Rs-53-crore-on-facebook-google/story/348017.html

[5] https://www.businesstoday.in/lok-sabha-elections-2019/news/lok-sabha-election-2019-bjp-congress-other-political-parties-spend-over-rs-53-crore-on-facebook-google/story/348017.html

[6] https://www.thehindu.com/sci-tech/technology/internet/report-on-indians-digital-news-habits-points-to-low-trust-fake-news-worries/article26633193.ece

[7] https://www.thequint.com/news/india/list-of-all-journalists-attacked-in-india-in-2018

[8] https://rsf.org/en/ranking_table

[9] https://www.bbc.com/news/world-asia-india-44280188

• December 2021

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Insights into Editorial: Why democracy needs social media

Context: Social Media role in Pandemic:

Has social media cumulatively helped the average citizen more in this pandemic than most modern governments?

Yes. It connected broken healthcare, breaking news, kind volunteers and depressed loved ones through a digital string in a way a lot of heads of states failed to do.

But we need these mediums for even more important reasons to amplify the crying rallies of the weak and curtail the trampling arrogance of the strong .

Media constitutes the 4th pillar of democracy. It plays an important role in keeping democracy alive and thriving. The role of the media is vital as a watchdog for uncovering errors and wrongdoings in the democracy.

Rise of Social Media in recent decade:

• The phenomenal rise of social media (SM) platforms such as Facebook, Twitter and others is proving to be a double-edged sword in the functioning of democracies.
• On the one hand, it has democratised access to information . On the other hand, it has concentrated power over that information with a handful of private companies , their billionaire owners, and certain ideologically committed activist groups.
• Billions of netizens around the world now feel empowered to bypass traditional curators of information, such as journalists and editors, in searching for their choice of content.
• They have also become creators and disseminators of content , not just consumers of it.
• This is further accentuated by tech platforms directing more content at people similar to what they have already seen, thus creating echo chambers of like-minded groups.
• On the other hand, misinformation on social media can alter public opinion for the worse and create a sense of panic and restlessness among the public.
• Social media is a platform which is highly liberal and it allows common citizens to put forward their views regarding a policy, act or ordinance.
• Social media allows people to directly communicate with their leaders and vice versa.
• The public opinion is amplified on social media , making democracy more transparent and even stronger.

Challenges of Social Media in Democracy:

• Social media has enabled a style of populist politics , which on the negative side allows hate speech and extreme speech to thrive in digital spaces that are unregulated, particularly in regional languages.
• Corporate and political power has overwhelmed large sections of the media, both print and visual, which lead to vested interests and destroy freedom.
• The rise of polarizing and divisive content has been a defining moment of modern politics, which is fed by fake news propagation through social media channels.
• Section 124a of IPC under which sedition is punishable by life imprisonment endanger the freedom of journalists. This lead to fear among journalists to work freely.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 imposes certain obligation on significant social media intermediaries.
• Another dangerous element is the labelling and trolling of more rational voices or those who disagreed with the government’s actions or dominant public discourse as “anti-national.”
• Many terror modules were busted by police in India, all of whose members were groomed, trained, funded and armed by their handlers on social networking sites.
• World over, there are cases of terrorist operations, especially lone wolf attacks , being coordinated through social media.

Digital democracy can only evolve through platforms of freedom :

For the first time in history, we have an instrument that can question the seemingly invincible governments, make them accountable and bring sustained change driven by people beyond one vote in years.

According to Google Transparency Report , political parties mostly in the last two years have spent around $800 million (Rs 5,900 crore) on election ads.

Just on Facebook India, political ads of Rs 107 crore were run in the last two years. The dark parody is that the political parties need social media to survive far more than the reverse to stay afloat.

• Although India has the Press Council of India and specific regulations, the country needs more detailed law regarding the media to protect not only the freedom of expression and speech but also journalists’ safety.
• There is a need to establish independent press councils , media watch groups, Ombudsmen, and other media self‐regulatory bodies autonomous from the government.
• Similarly the media Wing of the I&B Ministry has been assisting various arms of the government in keeping an eye on activities on various social media platforms. Such practices must be encouraged at all scales and institutions.
• Several Social Media houses have put up a mix of automated and human driven editorial processes to promote or filter certain types of content.
• These Artificial Intelligence units will automatically flash the danger of mis reporting every time an image or news is shared. This practice must be strengthened and disseminated.

Conclusion:

As India is not a surveillance state, there must not be any illegal or unconstitutional check on the right to privacy and freedom of speech and expression which are the fundamental rights of every citizen.

Social media awareness is needed which may enable citizens to be in a position to distinguish between truth and falsehood – and to know when democratic processes are being manipulated.

There must be a balance as the Constitutions itself has provided several limitations on one’s right to speech and expression .

Social Media Platforms can provide safeguards in the event that democratic processes are being intentionally disrupted or harmful falsehoods are spreading, it can help people find out what is true.

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THE FOURTH PILLAR OF DEMOCRACY

2020, THE FOURTH PILLAR OF DEMOCRACY

The Indonesian press is massively different from the Alexandrian papyrus press, Julius Caesar or Emperor Quang Soo. When they become messengers or subordinates of the executive. The Indonesian press is the pillar that first grew in the psywar against the colonial.

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Dafrizal Samsudin

Indonesia and Malaysia are the two countries that come from a family of the Malay Archipelago. These two countries were born after a different colonial occupation namely the Netherlands and the United Kingdom. However, each country has a different press system and policy. This study aims to look at the main objectives of Indonesian and Malaysian press policy trough critical reviews of secondary data obtained from library research based on categories in two stages of newspaper development in pre and post-independence. This study found that, in Indonesia, in the pre-independence era, the main objectives of Indonesian press policy were to control security and public order, and abuse of the press, during the Japanese occupation as Preventive censorship, and Propaganda. In the Post-Independence, the main objectives policy of the press namely as Freedom of Press, support 'political manifesto' and Implementing the "Pancasila Press System". Meanwhile, In Malaysia, in the ...

Satrio Arismunandar

Herlambang P. Wiratraman

Without press freedom a constitutional democracy cannot function properly, to the extent that the degree of press freedom becomes an indicator of the level of democracy in a particular country. This socio-legal study aims to clarify how the concepts of freedom of expression and press freedom have evolved in Indonesian law; how press freedom as one of the main pillars of constitutional democracy has been guaranteed or curbed by the Indonesian legal system; how press freedom has been shaped in practice; and how this can be evaluated from a rule of law perspective. The research found press freedom in Indonesia is still under pressure, despite the demise of Soeharto’s authoritarian New Order regime in 1998. Decentralised model of governance during ‘Reformasi’ has led to new types of attacks on the press. Extra-judicial killings, physical violence, bringing criminal or civil claims against journalists and impunity of those perpetrating such acts have made it difficult for many journalists to conduct their work in a proper manner and without fear. Hence, there is still a pattern of legal and non-legal attacks against the press. The research has found that from colonial times until the present Indonesia has struggled with press freedom. Meijersreeks; MI-239; ISBN: 9789462037335 https://openaccess.leidenuniv.nl/handle/1887/30106

International Journal of Press-politics

Budi Setiyono

Janet Steele

European Scientific Journal ESJ

For the first time ever, 385 professional journalists in Indonesia have been surveyed, by means of face-to-face interviews, for their basic characteristics and their views on professional values. The findings suggest that the 'typical' Indonesian journalist is young, male, well educated and earns an above-average salary. In terms of education and training, journalists of the archipelago are becoming increasingly professional. They see themselves as neutral and objective disseminators of news, though not as political actors and agents of development. Indonesian journalists disapprove of unscrupulous practices of reporting, yet many of them justify and practice corruption during their everyday work. Although the study's primary focus is on Indonesia, the analysis goes well beyond national boundaries. By subjecting the data to factor analysis, five dimensions of media roles could be extracted, namely public-oriented news journalism, popular service journalism, critical watchdog journalism, objective precision journalism and opinion-oriented news journalism.

Merlyna Lim

megandaru kawuryan

Democracy and Media look like a coin that each other are linked. These cannot be separated because the democracy needs the freedom of media and vice versa. If the media freedom exists, the democracy can be implemented successfully. Therefore, it is not surprising referred as the fourth pillar of democracy. Furthermore, Indonesia’s media ever got fully control by Suharto’s regime. Suharto who led nearly 32 years was very powerful to take control any spread information by media. Therefore, when Suharto stepped down, everything is change. Media got a moment to re-build their freedom and re-utilize the media function. For instance, media can publish ay government policy, criticize it and also articulate the society’s voices. Because of liberalization, most of the media are owned by industries, tycoons and parties. So, can media still freedom and can media express the society’s voice? Odes the media not rely on their owners’ interest? This paper examines that media position and media freedom in Indonesia when the privatization and liberalization media happen in Indonesia. This paper suggests that in some cases media can still articulate the civil society’s opinion. On the other hand, they are difficult to deal with their owners’ need. This paper also concludes how to minimize conflict of interest between media and their owners’ concern. Besides, this paper elaborates how the media communities can be a solution when the mainstream media co-opted by its owners. Clearly, this paper suggests how to preserve Indonesian media still exist as the fourth pillar of democracy. Keywords: Liberalization of Media, Democracy, Media Ownership.

International Journal of Nusantara Islam

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Media, especially television channels and newspapers have become another political battleground in Indonesian democracy. Some following scenes would describe how Indonesian media empires link to the political system. Media becomes the battleground for politics and there are two point-of-views that could be taken. First, from the perspective of politicians, media is a medium to legitimate their political authority. Second, from the perspective of media barons, politics is an arena that can benefit their business empires. At this point, the marriage between political power and media ownership will eliminate the independence; consequently, the role of media in the concept of democracy to control the power will be diminished or even disappeared.

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Democracy Dies Behind Paywalls

The case for making journalism free—at least during the 2024 election

Listen to this article

Produced by ElevenLabs and News Over Audio (NOA) using AI narration.

How many times has it happened? You’re on your computer, searching for a particular article, a hard-to-find fact, or a story you vaguely remember, and just when you seem to have discovered the exact right thing, a paywall descends. “$1 for Six Months.” “Save 40% on Year 1.” “Here’s Your Premium Digital Offer.” “Already a subscriber?” Hmm, no.

Now you’re faced with that old dilemma: to pay or not to pay. (Yes, you may face this very dilemma reading this story in The Atlantic .) And it’s not even that simple. It’s a monthly or yearly subscription—“Cancel at any time.” Is this article or story or fact important enough for you to pay?

Or do you tell yourself—as the overwhelming number of people do—that you’ll just keep searching and see if you can find it somewhere else for free?

According to the Reuters Institute for the Study of Journalism, more than 75 percent of America’s leading newspapers, magazines, and journals are behind online paywalls. And how do American news consumers react to that? Almost 80 percent of Americans steer around those paywalls and seek out a free option.

Paywalls create a two-tiered system: credible, fact-based information for people who are willing to pay for it, and murkier, less-reliable information for everyone else. Simply put, paywalls get in the way of informing the public, which is the mission of journalism. And they get in the way of the public being informed, which is the foundation  of democracy. It is a terrible time for the press to be failing at reaching people, during an election in which democracy is on the line. There’s a simple, temporary solution: Publications should suspend their paywalls for all 2024 election coverage and all information that is beneficial to voters. Democracy does not die in darkness—it dies behind paywalls.

The problem is not just that professionally produced news is behind a wall; the problem is that paywalls increase the proportion of free and easily available stories that are actually filled with misinformation and disinformation. Way back in 1995 (think America Online), the UCLA professor Eugene Volokh predicted that the rise of “cheap speech”—free internet content—would not only democratize mass media by allowing new voices, but also increase the proliferation of misinformation and conspiracy theories, which would then destabilize mass media.

Paul Barrett, the deputy director of the NYU Stern Center for Business and Human Rights and one of the premier scholars on mis- and disinformation, told me he knows of no research on the relationship between paywalls and misinformation. “But it stands to reason,” he said, “that if people seeking news are blocked by the paywalls that are increasingly common on serious professional journalism websites, many of those people are going to turn to less reliable sites where they’re more likely to encounter mis- and disinformation.”

In the pre-internet days, information wasn’t free—it just felt that way. Newsstands were everywhere, and you could buy a paper for a quarter. But that paper wasn’t just for you: After you read it at the coffee shop or on the train, you left it there for the next guy. The same was true for magazines. When I was the editor of Time , the publisher estimated that the “pass-along rate” of every issue was 10 to 15—that is, each magazine we sent out was read not only by the subscriber, but by 10 to 15 other people. In 1992, daily newspapers claimed a combined circulation of some 60 million; by 2022, while the nation had grown, that figure had fallen to 21 million. People want information to be free—and instantly available on their phone.

Barrett is aware that news organizations need revenue, and that almost a third of all U.S. newspapers have stopped publishing over the previous two decades. “It’s understandable that traditional news-gathering businesses are desperate for subscription revenue,” he told me, “but they may be inadvertently boosting the fortunes of fake news operations motivated by an appetite for clicks or an ideological agenda—or a combination of the two.”

Digital-news consumers can be divided into three categories: a small, elite group that pays hundreds to thousands of dollars a year for high-end subscriptions; a slightly larger group of people with one to three news subscriptions; and the roughly 80 percent of Americans who will not or cannot pay for information. Some significant percentage of this latter category are what scholars call “passive” news consumers—people who do not seek out information, but wait for it to come to them, whether from their social feeds, from friends, or from a TV in an airport. Putting reliable information behind paywalls increases the likelihood that passive news consumers will receive bad information.

In the short history of social media, the paywall was an early hurdle to getting good information; now there are newer and more perilous problems. The Wall Street Journal instituted a “hard paywall” in 1996. The Financial Times formally launched one in 2002. Other publications experimented with them, including The New York Times , which established its subscription plan and paywall in 2011. In 2000, I was the editor of Time.com, Time magazine’s website, when these experiments were going on. The axiom then was that “must have” publications like The Wall Street Journal could get away with charging for content, while “nice to have” publications like Time could not. Journalists were told that “information wants to be free.” But the truth was simpler: People wanted free information, and we gave it to them. And they got used to it.

Of course, publications need to cover their costs, and journalists need to be paid. Traditionally, publications had three lines of revenue: subscriptions, advertising, and newsstand sales. Newsstand sales have mostly disappeared. The internet should have been a virtual newsstand, but buying individual issues or articles is almost impossible. The failure to institute a frictionless mechanism for micropayments to purchase news was one of the greatest missteps in the early days of the web. Some publications would still be smart to try it.

I’d argue that paywalls are part of the reason Americans’ trust in media is at an all-time low. Less than a third of Americans in a recent Gallup poll say they have “a fair amount” or a “a great deal” of trust that the news is fair and accurate. A large percentage of these Americans see media as being biased. Well, part of the reason they think media are biased is that most fair, accurate, and unbiased news sits behind a wall. The free stuff needn’t be fair or accurate or unbiased. Disinformationists, conspiracy theorists, and Russian and Chinese troll farms don’t employ fact-checkers and libel lawyers and copy editors.

Part of the problem with the current, free news environment is that the platform companies, which are the largest distributors of free news, have deprioritized news. Meta has long had an uncomfortable relationship with news on Facebook. In the past year, according to CNN, Meta has changed its algorithm in a way that has cost some news outlets 30 to 40 percent of their traffic (and others more). Threads, Meta’s answer to X, is “not going to do anything to encourage” news and politics on the platform, says Adam Mosseri, the executive who oversees it. “My take is, from a platforms’ perspective, any incremental engagement or revenue [news] might drive is not at all worth the scrutiny, negativity (let’s be honest), or integrity risks that come along with them.” The platform companies are not in the news business; they are in the engagement business. News is less engaging than, say, dance shorts or chocolate-chip-cookie recipes—or eye-catching conspiracy theories.

As the platforms have diminished news, they have also weakened their integrity and content-moderation teams, which enforce community standards or terms of service. No major platform permits false advertising, child pornography, hate speech, or speech that leads to violence; the integrity and moderation teams take down such content. A recent paper from Barrett’s team at the NYU Stern Center for Business and Human Rights argues that the greatest tech-related threat in 2024 is not artificial intelligence or foreign election interference, but something more mundane: the retreat from content moderation and the hollowing-out of trust-and-safety units and election-integrity teams. The increase in bad information on the free web puts an even greater burden on fact-based news reporting.

Now AI-created clickbait is also a growing threat. Generative AI’s ability to model, scrape, and even plagiarize real news—and then tailor it to users—is extraordinary. AI clickbait mills, posing as legitimate journalistic organizations, are churning out content that rips off real news and reporting. These plagiarism mills are receiving funding because, well, they’re cheap and profitable. For now, Google’s rankings don’t appear to make a distinction between a news article written by a human being and one written by an AI chatbot. They can, and they should.

The best way to address these challenges is for newsrooms to remove or suspend their paywalls for stories related to the 2024 election. I am mindful of the irony of putting this plea behind The Atlantic ’s own paywall, but that’s exactly where the argument should be made. If you’re reading this, you’ve probably paid to support journalism that you think matters in the world. Don’t you want it to be available to others, too, especially those who would not otherwise get to see it?

Emergencies and natural disasters have long prompted papers to suspend their paywalls. When Hurricane Irene hit the New York metropolitan area in 2011, The New York Times made all storm-related coverage freely available. “We are aware of our obligations to our audience and to the public at large when there is a big story that directly impacts such a large portion of people,” a New York Times editor said at the time. In some ways, this creates a philosophical inconsistency. The paywall says, This content is valuable and you have to pay for it . Suspending the paywall in a crisis says, This content is so valuable that you don’t have to pay for it . Similarly, when the coronavirus hit, The Atlantic made its COVID coverage—and its COVID Tracking Project—freely available to all.

During the pandemic, some publications found that suspending their paywall had an effect they had not anticipated: It increased subscriptions. The Seattle Times , the paper of record in a city that was an early epicenter of coronavirus, put all of its COVID-related content outside the paywall and then saw, according to its senior vice president of marketing, Kati Erwert, “a very significant increase in digital subscriptions”—two to three times its previous daily averages. The Philadelphia Inquirer put its COVID content outside its paywall in the spring of 2020 as a public service. And then, according to the paper’s director of special projects, Evan Benn, it saw a “higher than usual number of digital subscription sign-ups.”

The Tampa Bay Times , The Denver Post , and The St. Paul Pioneer Press , in Minnesota, all experienced similar increases, as did papers operated by the Tribune Publishing Company, including the Chicago Tribune and the Hartford Courant . The new subscribers were readers who appreciated the content and the reporting and wanted to support the paper’s efforts, and to make the coverage free for others to read, too.

Good journalism isn’t cheap, but outlets can find creative ways to pay for their reporting on the election. They can enlist foundations or other sponsors to underwrite their work. They can turn to readers who are willing to subscribe, renew their subscriptions, or make added donations to subsidize important coverage during a crucial election. And they can take advantage of the broader audience that unpaywalled stories can reach, using it to generate more advertising revenue—and even more civic-minded subscribers.

The reason papers suspend their paywall in times of crisis is because they understand that the basic and primary mission of the press is to inform and educate the public. This idea goes back to the country’s Founders. The press was protected by the First Amendment so it could provide the information that voters need in a democracy. “Our liberty depends on the freedom of the press,” Thomas Jefferson wrote, “and that cannot be limited without being lost.” Every journalist understands this. There is no story with a larger impact than an election in which the survival of democracy is on the ballot.

I believe it was a mistake to give away journalism for free in the 1990s. Information is not and never has been free. I devoutly believe that news organizations need to survive and figure out a revenue model that allows them to do so. But the most important mission of a news organization is to provide the public with information that allows citizens to make the best decisions in a constitutional democracy. Our government derives its legitimacy from the consent of the governed, and that consent is arrived at through the free flow of information—reliable, fact-based information. To that end, news organizations should put their election content in front of their paywall. The Constitution protects the press so that the press can protect constitutional democracy. Now the press must fulfill its end of the bargain.

Federal criminal investigation opened into Key Bridge crash

The FBI has opened a criminal investigation focusing on the massive container ship that brought down the Francis Scott Key Bridge in Baltimore last month — a probe that will look at least in part at whether the crew left the port knowing the vessel had serious system problems, according to two U.S. officials familiar with the matter.

Authorities are reviewing the events leading up to the moment when the Dali, a 985-foot Singapore-flagged ship, lost power while leaving the Port of Baltimore and slammed into one of the bridge’s support pillars, said the officials, speaking on the condition of anonymity to discuss the ongoing probe.

Just after dawn Monday, dozens of law enforcement officials dressed in all black began arriving at the Dali — where the crew has remained since the crash — pulling up to the ship’s bow in numerous boats and climbing aboard using a ladder. The FBI later confirmed that agents were on board, and the Justice Department said authorities were conducting a “court-approved search.”

Baltimore bridge collapse

The news of the criminal investigation, which one official said is being handled by the U.S. attorney’s office in Maryland, came the same day that multiple private law firms separately announced that they had been retained to represent the Baltimore mayor’s office and some of the men who were working construction on the bridge when it collapsed. The moves signal an escalating effort to seek accountability and determine what caused the crash that left six of the eight men dead, a question that both the independent National Transportation Safety Board and the Coast Guard’s Marine Board of Investigation have been working to answer in separate inquiries since the collapse March 26.

Jennifer Gabris, an NTSB spokeswoman, said that the board’s investigation would continue and that a preliminary report was expected in early May.

The Coast Guard’s Marine Board of Investigation will pause evidence collection, but it will still be able to analyze evidence it has already gathered to inform safety efforts such as new regulations or inspection campaigns, according to a Coast Guard official who spoke on the condition of anonymity because of the ongoing investigations.

An attorney representing Grace Ocean Private Ltd., which owns the Dali, and Synergy Marine Pte Ltd., the ship’s manager, did not respond to a request for comment.

President Biden and Maryland Gov. Wes Moore (D) have both previously said that they intend to hold accountable any parties deemed potentially liable for the destruction of the bridge, but they have yet to announce any legal action. Baltimore Mayor Brandon M. Scott said the city has hired DiCello Levitt and Saltz Mongeluzzi Bendesky Trial Lawyers to work with the city’s own legal team to take “decisive action” against the owner, charter, operator and manufacturer of the Dali and “any other potentially liable third parties.”

Erek L. Barron, the U.S. Attorney for Maryland, said his office does not comment on criminal investigations but asserted in a statement that “the public should know, whether it’s gun violence, civil rights abuse, financial fraud, or any other threat to public safety or property we will seek accountability for anyone who may be responsible.”

His office did not respond to questions about what issues the Dali may have experienced before its port departure and how the actions of the crew might be criminal.

Systems issues on vessels such as the Dali can become the basis for criminal charges if they are discovered by those responsible for the ship but not properly remedied before a ship departs, said Todd Lochner, an Annapolis-based admiralty attorney. Lochner said investigators could be trying to weight the legal standard of whether the Dali was “reasonably fit for the intended voyage” when it left the Port of Baltimore en route to Sri Lanka.

“You may not send a vessel to sea in a known unseaworthy condition,” Lochner said, though what exactly constitutes as “unseaworthy” in this case would probably be debated in court.

“There are all kinds of things that can lead to an unseaworthy condition,” he said.

On Capitol Hill last week, NTSB Chair Jennifer Homendy said her investigators were focusing on the Dali’s electrical issues, adding that her team believes there may be a connection between the ship’s lights going out and the power loss to its engines in the moments before the crash.

Homendy said Hyundai, the South Korea-based company that manufactured the engine-room equipment used on the Dali, sent experts to the United States to download electrical data from the ship and look at its circuit breakers.

Attorneys from Stewart Miller Simmons Trial Attorneys and Kreindler & Kreindler said Monday they will be conducting their own independent investigation into the Key Bridge collapse on behalf of the victims they are representing: Alejandro Hernandez Fuentes, José López and Julio Adrian Cervantes Suarez. Fuentes and López died after they fell into the Patapsco River when the bridge collapsed. Cervantes, who also fell into the frigid waters, is the only person to survive the fall.

The attorneys said they intend to fight the petition filed in federal court on April 1 by the Dali’s owner and manager, asking a judge to cap how much money responsible parties could be asked to pay in liabilities. One of the attorneys, Justin Miller, said their probe is intended to complement those conducted by the NTSB, the Coast Guard and the FBI. “The details that we need are not the details that they need,” he said.

L. Chris Stewart, another lawyer for the three victims, said that in past cases, the existence of a federal criminal investigation has proved “very effective” in the pursuit of civil accountability. “It leaves no stone unturned,” Stewart said.

The victims’ lawyers said they take issue with the Dali’s owner and operator seeking to limit their liability to about $43.6 million.

“Imagine telling that to grieving families,” Stewart said, “that while they are planning a funeral, the owner of the boat is in court trying to stop the city, state and victims from filing claims.”

In the three weeks since the Dali crashed into the Key Bridge, dive teams have been able to recover four of the six people who died in the collapse, including Maynor Suazo Sandoval , Dorlian Castillo Cabrera and Fuentes. A fourth person was recovered over the weekend, officials with Unified Command announced Monday, but he was not identified per the request of his family.

Authorities had previously identified the three other missing members of the construction crew as López and two other men, Miguel Luna and Carlos Hernandez, all of whom are presumed dead.

The recovery mission was paused after days of searching the Patapsco River’s cold and murky waters. Officials have said they are now focusing on clearing the river of debris and relocating the Dali to shore, but at still looking for those who died among the wreckage.

James Harkness, chief engineer for the Maryland Transportation Authority and a member of the Unified Command, said Monday the cleanup is proceeding on the timetable laid out in recent weeks.

He said officials plan to have a 35-foot deep temporary channel open in the coming weeks and clear the entire shipping channel by the end of May. Harkness said crews have removed 1,000 tons of debris from the river. He said 31 ships have used two small temporary channels to get into and out of the Port of Baltimore.

Justin Jouvenal and Ian Duncan contributed to this report.