Supreme Court Rules: Journalists Cannot Be Criminally Charged for Criticism of Government

The Supreme Court of India has issued a landmark ruling affirming the protection of journalistic freedom, stating that journalists cannot face criminal charges solely for criticizing the government. This judgment stems from a case involving Uttar Pradesh journalist Abhishek Upadhyay, who faced legal action for writing on caste dynamics within the state's administration. The bench, comprising Justices Hrishikesh Roy and SVN Bhatti, declared that in a democratic society, the right to freedom of expression, particularly for journalists, is enshrined in Article 19(1)(a) of the Constitution.

The court's directive emphasized that criminal cases should not be lodged merely because government officials perceive a journalist’s report as critical. It underscored that protecting freedom of the press is fundamental in ensuring transparency and accountability in governance. The apex court granted interim protection to Upadhyay, ordering a stay on any coercive action against him while the Uttar Pradesh government responds to the petition seeking to quash the FIR.

This ruling adds to a growing judicial precedent where India's top court has acted to protect media freedom in the face of legal challenges from authorities. The court clarified that freedom of expression must be maintained, even when critical of governmental policies, and that retaliatory legal action threatens democratic discourse.