Journalists not exempt from disclosing sources

Subject: Polity

Section :Constitution

Concept:

While rejecting a closure report filed by the Central Bureau of Investigation, a Delhi court on January 19 said there is “no statutory exemption in India to journalists from disclosing their sources to investigating agencies”.

What is the law on protection of journalistic sources in India?

In India, there is no specific legislation that protects journalists from being asked to disclose their sources.
Article 19 of the Constitution guarantees the right to freedom of speech and expression to all citizens which journalists.

Judicial Precedence

While the Supreme Court broadly recognises the freedom of the press, including the right of journalists to ensure protection of their sources, various courts have ruled differently on this issue.
On Pegasus Spyware Issue, the Supreme Court in October 2021 said that one of the fundamental conditions for the media to exercise its right to freedom of speech and expression under Article 19 is the protection of ‘journalistic sources.’
Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest, the SC added.
Supreme Court has taken a similar stand on various cases commencing from Romesh Thappar vs. State of Madras and Brij Bhushan vs. The State of Delhi, including the recent Rafale case.
However, the absence of a specific law, it is often the discretion of a Court. Courts have in “public interest asked journalists to disclose their sources.
The Law Commission of India in its 93rd Report in 1983 recommended recognising journalistic privilege by amending the Indian Evidence Act.

Powers of Press Council of India regarding protection of journalistic sources

Press Council of India, under PCI Act 1978 has powers of a civil court to deal with complaints when a newspaper has “offended against the standards of journalistic ethics or public taste or that an editor or working journalist has committed any professional misconduct.”
However, the Council cannot force a newspaper, news agency, journalist, or editor to reveal their sources during the proceedings.