New Delhi: The tardy and costly process of fighting defamation cases poses a major challenge to freedom of press in India, said Dharitri and Orissa POST Editor Tathagata Satpathy, here, Friday. Speaking at a panel discussion joined by legal luminaries and veteran journalists at the Editors Guild of India (EGI) conclave – Press freedom in India: Present and the future – at Kamla Devi Complex at India International Centre (IIC), Satpathy said, “By the time a journalist has to fight his case against defamation, it is so expensive and so time-consuming, even the toughest of them falter and fall.” He said that regulatory or legal uncertainties are a major cause hampering free speech. “Add to that are the complications brought about by subordinate judiciary unfamiliar and incapable to deal with laws like defamation,” the veteran journalist observed. The discussion on – what are the possible interventions to protect the space for press freedom with respect to the legal framework, including the new digital laws, and the criminal laws- new and existing? – was moderated by The Caravan Editor and EGI President Anant Nath. Other panellists included senior Supreme Court advocates Shyam Divan and Abhishek Manu Singhvi. “Free press is the first enemy of a dictatorship,” said Singhvi, adding, “More important than the law is the approach or the misuse of that law…it is how you approach the subject of law and how you deal with it and regulate it that matters.” He said the object is not to be right in law, rather to send a message. Divan said, “There are going to be situations where even the most innocent law can be misused to land you (journalists) in a terrible position.” He suggested organisations like the Editors Guild build a coalition of lawyers to have a relief structure available for journalists. The day-long conclave was split into multiple sessions that saw participation of eminent editors, authors, journalists, educationists and lawyers.
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