Supreme Court judge Justice B.V. Nagarathna on Thursday said reader-funded media offers stronger protection for editorial independence. She warned that corporate-owned newsrooms often face subtle State influence through economic patronage and regulatory controls.
She delivered the keynote address at the International Press Institute (IPI) India Award for Excellence in Journalism 2025 at the Constitution Club in New Delhi. Justice Nagarathna stressed that independent journalism survives only when readers and civil society actively support it, especially through subscriptions.
“A press sustained by its readers is always better placed to serve the public interest and fend off political pressures,” she said.
She described independent reporting as a public good that needs stable financial backing. “Good journalism doesn’t run on goodwill alone,” she added. Subscriptions, she said, reflect a reader’s commitment to journalism they value.
Economic Pressures and Indirect Constraints
Justice Nagarathna cautioned that financial dependence can limit editorial freedom even without direct State control. “The press may be free from the State yet dependent on corporate power which may, in turn, be dependent on State patronage,” she observed.
She said modern threats to press freedom rarely arise through explicit restrictions under Article 19(2) of the Constitution. Instead, they operate through economic and regulatory mechanisms that appear lawful under Article 19(6). She referred to ownership rules, licensing regimes, taxation policies, advertising frameworks, and antitrust regulations as examples.
“The law may not silence the press, but it may shape the conditions under which speech is created,” she said. These frameworks, she noted, can influence editorial decisions without overt censorship.
She also flagged concerns over government and public-sector advertising. Newsrooms may practise self-censorship if they fear losing advertisements. While the legal right to criticise the government remains intact, financial vulnerability increases the cost of such criticism. She questioned whether a press struggling for survival can remain truly free and balanced.
“Selective Journalism” and Attempts to Capture the Press
Justice Nagarathna criticised what she called “selective journalism.” She said recent attempts to “capture” parts of the press rely heavily on economic leverage aligned with political goals.
Press freedom, she emphasised, cannot thrive under fear or pressure. She also warned against centralised control of journalism, whether political or bureaucratic. Such control, she said, undermines democratic vitality.
“A free press is not created by decree; it evolves through interaction between readers, writers, and editors,” she stated. Any attempt to centrally “perfect” journalism would erode institutional independence.
IPI Award Presented to Scroll.in Reporter
Justice Nagarathna presented the IPI India Award for Excellence in Journalism 2025 to Scroll.in reporter Vaishnavi Rathore. The award recognised Rathore’s ground report on the Great Nicobar Island Development Project.
The judge highlighted the importance of field reporting. She said such journalism connects law and policy with lived realities. Its role becomes even more crucial in areas like climate change and environmental governance. Journalists help build public understanding of constitutional values by documenting environmental damage and climate risks.
Justice Nagarathna reiterated that press freedom flows from Articles 19(1)(a) and 19(1)(g) of the Constitution. These provisions protect free speech and the profession of journalism. However, constitutional guarantees alone cannot secure media independence. Society must actively support and defend independent journalism.
“In honouring journalism today, we also honour a deeper constitutional value—freedom of the press that enables truth to reach the public and ensures that the interests of the future are not eclipsed by the conveniences of the present,” she concluded.
