Permanent Mission of India, Geneva
26nd session of the Human Rights Council
(09 - 27 June 2014)
Panel discussion on the safety of journalists (11 June 2014)
Statement by India
Mr. President,
1. We thank the High Commissioner and the distinguished panelists for their valuable presentations. We take note of the good practices identified in the report submitted by OHCHR for ensuring the full protection and safety of journalists.
2.Media, the Fourth Estate, is one of the four pillars that supports and sustains a healthy democratic framework of governance. Media plays a crucial role in not only mobilizing public opinion but also in bringing to light injustices that may have gone unnoticed otherwise. Journalists play an important role in fostering transparency and accountability in the conduct of public affairs. Journalism thus entails great responsibility. Journalists are vigilant watchdogs of civil liberties.
3.The public function of the Media makes it an obligation to exercise this function with the fullest sense of responsibility. As Joseph Pulitzer pointed out ‘without high ethical ideals a newspaper is not only stripped of its splendid possibilities for public service, but may become a public danger to the community’. Journalists therefore are duty bound to report fairly, objectively and accurately. Any digression from this duty attracts restrictions and limitations. Press freedom thus depends not only on the state of the laws or the provisions of the Constitution but on the integrity and independence of the press.
4.The Indian Constitution guarantees freedom of speech and expression as a fundamental right, subject to the normally accepted restrictions under Article 19 of the Constitution. The existence of free vibrant media is a testimony to this. The Supreme Court has described this freedom as ‘the Ark of the Covenant of Democracy. There is also full internet freedom under our Constitution. The Information Technology Act was amended in 2011. There is no provision in the Act, which enables the Government to restrict or block the contents of internet. The Right to Information Act (2005) by guaranteeing free access to information promotes and protects the freedom of opinion and expression. Articles 21 of the Constitution guarantees the right to life, personal liberty. Such constitutional rights are of fundamental importance in any democratic society. Journalists play a crucial role in ensuring that citizens exercise these rights in reality. As the world’s most populous democracy, India is committed to the protection of these rights for all its citizens, including journalists.
Mr President,
5. India has consistently held the view that protection of journalists in all situations is the foremost responsibility of every state. While discussing best practices for protecting journalists, we would recommend certain basic precautions. First and foremost, journalists should function within the relevant domestic laws of the countries concerned, so that they have full recourse to the protection afforded by such laws to them. Second, their access to places, material and information should be done in a legal manner. Third, they should maintain strict neutrality, impartiality and report accurately and avoid using “trial by media” methods by which the media canvasses and conveys public opinion in favor of one side or the other. By following such precautions, it will become easier for States to protect journalists, facilitate their professional work.
6. We have witnessed the tremendous dynamism and professionalism of journalists in reporting human rights violations. Many journalists, including women, have performed their professional duty at grave personal risk. The protection that these journalists have received from responsive mechanisms, established by states under the rule of law, demonstrates the need to support the further development of such mechanisms. The efforts of the Council and of the international community require to be directed at assisting national authorities in augmenting such mechanisms, and in generating greater awareness of these issues. This is the most sustainable method for sovereign governments to discharge their responsibility to protect journalists. We believe that a critical requirement in this context relates to the capacities of national institutions and the need to strengthen these. Obviously, capacity building of key national institutions, requires to be adequately resourced.
I thank you.
