The Legal Youngster
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The Fourth Pillar Under Fire: Legal Protection for Journalists in India

Author: Urwashi Pandey

University: Deshbandhu College

From royal courts to modern parliaments, the media has always played a vital role in bridging power and the people. In ancient times, even court jesters used wit and satire to critique the king, offering a rare form of accountability cloaked in performance. Today, the stakes are higher, and the media stands as what we now call the Fourth Pillar of Democracy.

In a democracy, where power rests with the people, the media functions as a watchdog, informing the public, questioning authority, and uncovering corruption. It creates a space for debate, dissent, and discussion, ensuring that diverse voices are not just heard but acknowledged. A free and fearless press doesn’t just report the news—it safeguards democracy itself.

Historical Context and Media Importance-

In 1780, James Augustus Hickey established The Bengal Gazette, India’s first newspaper. Despite its brief existence, it established the standard for criticism and accountability in Indian journalism. A prolonged battle was hinted at by its early demise at the hands of British censorship. From the Licensing Act of 1857 to the notorious Vernacular Press Act of 1878, the British imposed a number of laws in the 18th and 19th centuries with the intention of regulating the indigenous press and stifling dissent. Newspapers like Amrita Bazar Patrika, which exemplify the rebellious spirit of Indian journalism, nevertheless adapted and resisted.

During India’s fight for independence, the press developed into an effective weapon. Newspapers were used by leaders like Mahatma Gandhi to bridge linguistic and geographic gaps and to refute colonial narratives. Press campaigns to raise public awareness fueled movements such as the Salt March. Indian journalists came up with innovative ways to get around restrictions and reach the public, even in the face of oppressive laws like the Press Emergency Act of 1931 and the wartime censorship during World War II.

India realized the importance of a free and responsible media after gaining independence. The Press Council of India was founded in 1966 with the goal of advancing ethical journalism and preserving press freedom. The right to freedom of speech and expression, including freedom of the press, is guaranteed by Article 19(1)(a) of the Indian Constitution; however, Article 19(2) permits reasonable limitations. Aiming to control and safeguard journalistic practices, other laws included the Parliamentary Proceedings Act (1960) and the Working Journalists Act (1955).

The ability to control the media has long been recognized by dictators. The Libyan government of Muammar Gaddafi is a prime example. In order to uphold a narrative of solidarity, advancement, and unwavering allegiance, Gaddafi nationalized media organizations and enforced stringent state control, and used government-run newspapers and televised speeches. In order to suppress dissent and instill fear, independent journalism was suppressed, and the public was only given the state’s version of events. Similar trends have been noted in other regimes that use violence, censorship, and surveillance to silence critics.

On the other hand, when the media is strong, autonomous, and unafraid, democratic societies flourish. The press frequently reveals the truth, gathers assistance, and enforces accountability during national crises, whether they be political, economic, or humanitarian. Examples such as the Emergency in India (1975–77) demonstrated both the subdued resistance through underground publications and journalist networks and the repression of the media under authoritarian impulse.

Present Scenario: Journalism Under Threat 

Modern Indian journalism stands at a perilous crossroads. The once-glorified profession that upheld democratic values, exposed corruption, and gave a voice to the voiceless is now marked by fear, censorship, and death. The killing of journalists, attacks on media workers, and increasing state control over narratives have created an environment where truth-telling is dangerous and accountability is optional.

In March 2025, journalist and RTI activist Raghvendra Bajpai was gunned down while traveling to meet a land tax officer in Uttar Pradesh. His work exposing irregularities in rice paddy sales and land records had led to suspensions of four government officials. In January 2025, Mukesh Chandrakar, a freelancer who ran a YouTube channel called Bastar Junction, was killed by a contractor he had reported on. His body was dumped in a septic tank and buried under concrete to hide the crime.

These deaths are not anomalies; they are part of a larger pattern of rising impunity for violence against journalists. India, despite its democratic framework, remains one of the most dangerous countries for media workers. As mainstream media bends to the will of corporate owners and political patrons, it’s often independent, freelance, or regional reporters, those closest to the ground who pay the highest price for truth.

Failing Legal Protections: The Case of Maharashtra and Chhattisgarh

India has no central law dedicated exclusively to the protection of journalists. However, some states have attempted to fill this gap albeit imperfectly.

Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2017 This Act was hailed as a pioneering step when it received presidential assent in 2019. It defines “media persons” and “media institutions” and criminalizes acts of violence against them or their property. Offenders can face up to three years in prison and a fine of up to ₹50,000. It also makes such crimes non-bailable and mandates that investigations be conducted by a police officer not below the rank of deputy superintendent. Yet, implementation has been dismal. In the case of Raghavendra Dube, who died while covering attacks on fellow journalists, no action was taken under this law. The Act fails to recognize freelancers, bloggers, or digital media workers, leaving them exposed. Additionally, it weakens the gravity of crimes by not applying stronger sections like IPC 326 (grievous hurt) or IPC 307 (attempt to murder). It also overlooks online harassment, gendered trolling, and attacks that happen off-duty common realities in today’s media landscape.

Even though the Act allows for compensation and investigation, victims rarely see justice. Influential perpetrators often evade punishment, and local police may be compromised. There is also no independent grievance redressal body under the Act. Its lack of data, transparency, and enforcement renders it ineffective in practice.

Chhattisgarh Protection for Journalists Bill

Chhattisgarh has taken a more comprehensive approach by drafting the State Commission for Protection of Journalists and Human Rights Defenders Bill. Unlike Maharashtra’s Act, this Bill proposes the formation of an autonomous body that can:

  • Provide legal and financial aid to journalists

  • Conduct risk assessments

  • Initiate “Urgent Protection Measures” within hours

  • Investigate cases involving state authorities or police misconduct

  • Offer support to journalists’ families during crises

Crucially, the Bill’s definition of “journalist” encompasses internet reporters, bloggers, and freelancers, reflecting the evolving media landscape. However, the Bill has not yet been passed, and its ambitious framework raises concerns: there’s no clarity on funding, administrative setup, or independence of the governing body. The presence of retired judges and police officers in decision-making roles could also create conflicts of interest, especially in cases where journalists are harmed by the state itself.

Still, it represents one of the few attempts in India to create institutional mechanisms that respond swiftly to threats against the press.

A Dying Profession?

The consequences of this climate are already visible. Fewer people are choosing journalism as a career. Families actively discourage it. Fear overshadows passion. As corruption grows and violence escalates, the number of fearless journalists shrinks.

But the dangers are not just personal they are political. The deterioration of press freedom affects every citizen. When journalists are killed or silenced, the public loses its eyes and ears. No democratic system can function without a free and protected press. When the Fourth Pillar collapses, the entire structure of democracy shakes.

Conclusion: Journalism Is a Two-Way Street

The time for silence is over. The murder of journalists should not become just another headline. A democracy cannot thrive when its truth-tellers are buried with their stories. Journalists put their lives in grave danger to uncover facts and question those in power.  In return, we owe them protection, solidarity, and justice.

This issue requires immediate public and legal attention. Existing laws must be enforced and expanded. Whistleblowers and media watchdogs must be shielded. Central legislation is urgently needed to protect all forms of journalism from newsrooms to social media, from villages to metropolises.

It is a two-way street: journalists protect society by exposing lies and holding the state accountable. In turn, we must protect journalists with laws and public support and by refusing to normalize violence and impunity. Because if the protectors of truth are silenced, who will protect the truth for us?

Bibliography-

History of Journalism—https://editorsguild.in/history-of-journalism/

Scope of Journalism in India: The Role of Media in Shaping Public Opinion and Democracy 2024—https://lnct.ac.in/scope-of-journalism-in-india-the-role-of-media/

Protection of Journalists in India—A Legal Perspective—https://bibliomed.org/mnsfulltext/218/218-1676035409.pdf?1752145130

Laws for Journalists in India: An Overview- https://sprf.in/wp-content/uploads/2021/04/SPRF-2021_Journalism-Paper_Curated-Voices_Final.pdf

India: Journalist killed after land sales report—https://www.ifj.org/media-centre/news/detail/category/press-releases/article/india-journalist-killed%20construction%20project.

Chhattisgarh Journalist was killed for Road Construction Fraud Report—https://www.ndtv.com/india-news/chhattisgarh-journalist-ndtv-mukesh-chandrakar-was-killed-for-

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