Freedom of the press
From The Art and Popular Culture Encyclopedia
- "Freedom of the press is guaranteed only to those who own one."
Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. It also extends to news gathering, and processes involved in obtaining information for public distribution. Not all countries are protected by a bill of rights or the constitutional provision pertaining to Freedom of the Press.
With respect to governmental information, a government distinguishes which materials are public or protected from disclosure to the public based on classification of information as sensitive, classified or secret and being otherwise protected from disclosure due to relevance of the information to protecting the national interest. Many governments are also subject to sunshine laws or freedom of information legislation that are used to define the ambit of national interest.
Freedom of Press laws are first passed in the Commonwealth in 1532.
The world's first Freedom of the Press Act was introduced in Sweden in 1766.
Between September 4, 1770 and October 7, 1771 the kingdom of Denmark-Norway had the most unrestricted freedom of press of any country in Europe. This occurred during the regime of Johann Friedrich Struensee, whose first act was to abolish the old censorship laws. However, due to the great amount of mostly anonymous pamphlets published that was critical and often slanderous towards Struensees own regime, he reinstated some restrictions regarding the freedom of press a year later, October 7 1771.
The Glorious Revolution of 1688 in England established parliamentary sovereignty over the Crown and, above all, the right of revolution. A major contributor to Western liberal theory was John Locke. Locke argued in Two Treatises of Government that the individual placed some of his rights present in the state of nature in trusteeship with the sovereign (government) in return for protection of certain natural individual rights. A social contract was entered into by the people.
Until 1694, England had an elaborate system of licensing. No publication was allowed without the accompaniment of a government-granted license. Fifty years earlier, at a time of civil war, John Milton wrote his pamphlet Areopagitica. In this work Milton argued forcefully against this form of government censorship and parodied the idea, writing "when as debtors and delinquents may walk abroad without a keeper, but unoffensive books must not stir forth without a visible jailer in their title." Although at the time it did little to halt the practice of licensing, it would be viewed later a significant milestone as one of the most eloquent defenses of press freedom.
Milton's central argument was that the individual is capable of using reason and distinguishing right from wrong, good from bad. In order to be able to exercise this ration right, the individual must have unlimited access to the ideas of his fellow men in “a free and open encounter." From Milton's writings developed the concept of the open marketplace of ideas, the idea that when people argue against each other, the good arguments will prevail. One form of speech that was widely restricted in England was seditious libel, and laws were in place that made criticizing the government a crime. The King was above public criticism and statements critical of the government were forbidden, according to the English Court of the Star Chamber. Truth was not a defense to seditious libel because the goal was to prevent and punish all condemnation of the government.
John Stuart Mill approached the problem of authority versus liberty from the viewpoint of a 19th century utilitarian: The individual has the right of expressing himself so long as he does not harm other individuals. The good society is one in which the greatest number of persons enjoy the greatest possible amount of happiness. Applying these general principles of liberty to freedom of expression, Mill states that if we silence an opinion, we may silence the truth. The individual freedom of expression is therefore essential to the well-being of society.
Mill’s application of the general principles of liberty is expressed in his book On Liberty: "If all mankind minus one, were of one opinion, and one, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind".
Nazi Germany (1933-1945)
The dictatorship of Adolf Hitler largely suppressed freedom of the press through Joseph Goebbels' Ministry of Public Enlightenment and Propaganda. As the Ministry's name implies, propaganda did not carry the negative connotations that it does today (or did in the Allied countries); how-to manuals were openly distributed by that same ministry explaining the craft of effective propaganda. The Ministry also acted as a central control-point for all media, issuing orders as to what stories could be run and what stories would be suppressed. Anyone involved in the film industry—from directors to the lowliest assistant—had to sign an oath of loyalty to the Nazi Party, due to opinion-changing power Goebbels perceived movies to have. (Goebbels himself maintained some personal control over every single film made in Nazi Europe.) Journalists who crossed the Propaganda Ministry were routinely imprisoned or shot as traitors.
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 (PoTA) have been used to limit press freedom. Under PoTA, person could be detained for up to six months for being in contact with a terrorist or terrorist group. PoTA was repealed in 2006, but the Official Secrets Act 1923 continues.
For the first half-century of independence, media control by the state was the major constraint on press freedom. Indira Gandhi famously stated in 1975 that All India Radio is "a Government organ, it is going to remain a Government organ..." With the liberalization starting in the 1990s, private control of media has burgeoned, leading to increasing independence and greater scrutiny of government. Organizations like Tehelka and NDTV have been particularly influential, e.g. in bringing about the resignation of powerful Haryana minister Venod Sharma.
- [[Freedom of the press in Italy}}
- [[Media freedom in Russia}}
- Areopagitica: a speech of Mr John Milton for the liberty of unlicensed printing to the Parliament of England
- Chilling effect (term)
- Cohen v. Cowles Media Co. — a ruling in the USA that a reporter's promise of a source's confidentiality may be enforced in court.
- Declaration of Windhoek (1991)
- Editorial independence
- First Amendment to the United States Constitution
- Freedom of speech
- Gag order
- International Freedom of Expression Exchange — “The largest online archive of information on press freedom violations”, dating back to 1995 and covering more than 120 countries.
- Internet censorship
- Journalism ethics and standards
- Journaliste en danger
- Journalistic standards
- List of indices of freedom
- Media blackout
- Media transparency
- News embargo
- Section Two of the Canadian Charter of Rights and Freedoms
- Prior restraint
- State media
- Tunisia Monitoring Group
- World Press Freedom Day on May 3
- John Peter Zenger