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Unshackled Indian media impresses British jurist

An eminent British jurist has praised the Indian courts for protecting the constitutional guarantee of free expression to the media. He said Britain lacked such guarantees.

''Until now the United Kingdom has lacked legally enforceable constitutional guarantees of freedom of speech and of press because there has been no equivalent in the British system to the Article 19 of India's Constitution. Newspapers such as The Sunday Times, The Guardian, The Observer and The Independent have invoked the guarantee of free expression in Article 10 of the European convention,'' said Lord Lester of Herne Hill QC.

Delivering the first annual human rights lecture on 'Private lives and public figures: freedom of political speech in a democratic society', organised in New Delhi by The Times of India in association with the United Nations Educational, Scientific and Cultural Organisation and the National Human Rights Commission, Lord Lester said the need to protect the freedom of political speech was well recognised in both the countries, but has been under grave threat at turbulent times.

Citing various instances, he said the Commonwealth courts in many countries were encouraging the media to act as watchdog. ''They reflect the link between political expression and representative government. A newspaper report about a politician can be seen as a vital contribution to the public's understanding and participation in the political process,'' he said.

He added that the courts were interpreting the constitution, ordinary legislation and common law to impose duties upon the media, and make sure that it did not abuse its rights.

Lord Lester said the European Court had decided that the House of Lords unnecessarily interfered with free expression by giving excessive weight to other competing rights and interests. The European judgements had also influenced the British courts in their reviewing of libel awards.

The introduction of a human rights bill to make convention rights enforceable in British courts last year had set alarm bells ringing in newspaper offices. The bill, which requires the courts to interpret the common law and legislation in conformity with the convention rights, has now been enacted. It would take full effect from 2000, the jurist added.

''When it comes to protecting the freedom of press to criticise politicians, the courts are to be preferred to the legislature as the forum for deciding where public interest lies. Legislators are more likely than independent courts to be influenced by their own self-interest in shielding themselves against politically damaging and personally embarrassing publicity,'' he said.

Emphasising on nurturing a culture of liberty, Lord Lester said it depended upon freedom of speech and an independent and courageous judiciary.

He, however, warned about the danger of placing too much faith in the law and too little effort in nurturing the spirit of liberty.

UNI

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