Our Correspondent
Kohima | May 11
The Nagaland State Legal Services Authority (NSLSA) today organized a one day consultative meet with media persons here at Hotel Japfü, Kohima on judicial proceedings, rights/privileges and liabilities of the media/journalists and law of defamation/right to privacy.
NSLSA Member Secretary, Mezivolu T Therieh in the keynote address said that democracy cannot be successful without a free press, while terming it as essential to empowering people, hold those in power accountable, criticize actions against the spirit of justice and foster unity among people.
Emphasizing on the growing power of the media, she said that in Nagaland, the media has helped in making information accessible, mobilizing social activism and bridging the gaps in a lot of issues. On the same note, she said that the norms of journalistic ethics should not be lost sight of as genuine, fair, balanced and accurate news are to be furnished in public interest.
Terming awareness of prevailing laws as of utmost importance for a journalist, she said that if the media fails to function, the objective of the people would not be served.
“Media can either build or destroy an individual, institution or any idea. Therefore, knowing your role becomes very essential.”
She however lamented that India has yet to enact a law which protects the media, including journalists, reporters and publishers.
Maharashtra is the only state in the country to have enacted such a law – the Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2017. The law makes attacks on journalists and media houses in the state a non-bailable offense.
According to her, the obstacles facing journalism in the country range from contempt proceedings to sedition charges and even death threats.
Rights, privileges & liabilities of media
Speaking on the topic ‘Rights, privileges and liabilities of the media/journalist,’ Taka Masa Ao, senior advocate Gauhati High Court, Kohima Bench said that in an organized society, the rights of the news media have to be recognized with its duties and responsibilities towards the society.
He stated that the concept of freedom of the press implies the right to publish news or any kind of information, the views of its editors or correspondents and comments on public affairs.
He however maintained that the right to know cannot be unlimited or absolute and is subject to restrictions and regulations imposed by laws which is consonant with the Constitutional guarantee of Article 19 (1) (a).
He informed that Section 8 of the Right to Information Act, 2005 provides for exempting certain information from disclosure.
“The press have a constitutional duty to balance and regulate the right to know vis-à-vis the right of a person from unwanted publicity or exposes to the public his family,” he further said.
He added that the freedom of expression confers not only the right to expression but also a corresponding right to receive ideas and information from others—a new dimension which was added with the enactment of the Right to Information Act, 2005.
Akito Zhimomi, Advocate, Gauhati High Court, Kohima Bench also spoke on the topic ‘Law of defamation/right to privacy.’
He spoke about the three freedoms of the Press – the right to access all sources of information, the right to publication and the right to circulation. Highlighting nuances about the Right to Freedom of Speech and Expression as postulated by Article 19 (1)(a) of the Indian Constitution, the advocate also pointed to the “reasonable restrictions” on the said right as inscribed in Article 19 (2).
Zhimomi also made a reference to the Right to Privacy that was recently ruled to be a fundamental right by the Supreme Court while ruling on the Aadhaar case.
